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ThAnderson

Music Πa

THE HONGKONG TELEGRAPH,

APPEALTM AGAINST

SENTENCE.

(Continued from, Page 1J

Sir Henry Gollan: It is a pro- cedure that I have never been no | quainted with; ⠀

Mr. Fitzroy explained that the Court had no power to deal with the point, grant time, amend, or do anything about it.

Sir Henry Gollan remarked it had been held, in cases of appeal at Quarter Sessions, that the time mentioned in the Ordinance was absolutely fixed. If a party could not bring himself within that period, it could not be helped.

Within Time."

Mr. Jenkin-But I am within the time.

Sir Henry Gollan:-Bat have you done what is required of you that you should ask for a re-car-

ing 7

Mr. Jenkin replied the Rule <! nol.say that he must put in the word "re-hearing." "It does not eny that I have to set out that part of my application is for a re- hearing. What it does say is that 1 must do it within the time," he added.

Sir Henry Gollan said that, sup posing the Court was with Mr. Jenkin, the notice was in order. Then they would have to grit a re-hearing when they would bo real in the position of a court of Quarter Sessions which would have to re-try the case. They would first of all have to decide whether to re-hear the case. Then they would have to decide whether it should be heard on the ovidence as it stood, or with additions. The Court.could order it to be tried on the deposi- tions, but in the absence of a special order, they would have to hear the evidence of the witnesses in the Court below only. The Court, however, might give leave for further evidence to be adduced. Mr. Jenkin, in reply, emphasised that Section 104 did not call upon him to act out in the notice of mo- |

briefly set forth, the grounds of dissatisfaction of the appellant.

A "Slip"

TUESDAY, JULY 24. 1928.

wo should have had no power to {deal with it at all," said the Chief Justice. The objection taken to the notice of appeal is that it is not for a ro-hearing but to quash. That, certainly, would be the

take. ordinary form an appeal would

rather

G

WORLD'S LARGEST

LINER.

`DETAIL OF WHITE STAR ORDER.

ATLANTIC SERVICE,

V

"I have had experience of at loast three sets of Magistrates' Ordinances in the course of my service, and in each case the appeal to the Court has been to

Belfast, June 25. quash a conviction. Hero it la

The announcement that Messrs. quite obvious that this is not the Harland and Wolff had secured an procedure. It is

an order to build a new mammoth elaborate and exceptional one. linor for the White Star-Lipo-haa

"The application by a convicted caused great satisfaction

in the defendant to this Court should be yards for a ro-hearing, setting out the

The liner will take three years grounds upon which that applicato. construct, and, it is said, will tion la mado, Then, the first thing cost about £7,000,000. the Court has to do on that appll- cation is to consider whether there are any grounds for a re-hearing, there are no grounds, then it dismisses the application. If considers that there are grounds for re-hearing, then it has consider the procedure to bo adopl-. ed under Section, 105.

re-

Objection Over-Ruled, "In this case, formerly the ap- plication was to qunah the convle- tion, but as a matter of fact the grounds to quash the conviction would have been alleged if the are exactly the same grounds that application had been for a been a compliance with the require Bearing Substantially there has ments of Section 104 and all the essential elements are present in the application. The only depar- ture in the notice given is that the word 're-hearing is not used and the application. Is made to quash a, conviction.

וה

LABOUR PARTY AND SPEAKER.

OPPOSE FULL'AMOUNT OF

PENSION. Pa

Westminister, June 27. The illogicality of the So- cialist mind in House of Commons debate has never been more blat- antly shown than in the argu- ments for reducing the Speaker's pension by three-quarters.

SYDNEY CONTRACT

SCANDAL.

COMMISSION FINDS PROOF OF BRIBERY.

LABOUR ALDERMEN!

Sydney, June 22. The Royal Commission which has been inquiring into the charges of Motions to reduce the Speaker's corruption in connexion with a con- customary annuity of £4,000 on tract given by the Sydney City retirement have been made before, Council in 1925 for power house but not until now with the full plant, made known its report to authority of a Party. Not until day.

now has any front bench of lead- The Commission Unds the charge ers been ready to dance Insof corruption proved in the cases It will be one of the most tantaneously to rank and file of Mr. S. Y. Maling, General Man- luxurious vessels afloat, and will be tunes. Mr. Clynes, on whom the ager of the Municipal Electricity employed upon the passenger ger-lot had fallen to-day, knowing Department, and Mr. A. J. Arnot, vice between Southampton and Now that his worst critics ant behind, the Australian manager of Messra. York, which is at present carried looked uncomfortable and kept Babrock and Wilcox, on by the Majestic, Olympic and his words short,

Mr. Justice Inrvey, the Com- Homeric.

Mr. Whitley's reputation, the Imissioner, states in his report that Socialist ex-Minister gratuitously; there is no question that Mr. Arnot assured the Hause, had been em- Mr. Hutcheson, Manager of hanced among the Opposition by another tenderer) promised to pay International Combustion Ltil his refusal to accept the peerage large sceret commissions in order with that recommendation, the "fabulous," the "colossal" pension proposed remained unjustifiable.

Actual dimensions of the ship are not yet available, but it is expected

that the new liner will be about

Une thousand feet in length and have a gross tonnage of/offered by the King. Bat even to secure the contract, la

60,000.

The Majestic, the present longest vessel in the world, is 915 feet long Leviathan is eight feet shorter than with a tonnage of 56,000. The

tho Majestic.

""

Engine Problem,

If this new greyhound of the sens could be placed on end it would reach nearly seven times the height of Nelson's Column.

A letter from Mr. Arnot to his

company, dated April 8, showed con- clusively that he and Mr. Maling "Give up Your Cont." had come to a corrupt understand- There was a touch of faint con- ing, undor which Mr. Maling was tempt in Mr. Macpherson's man- to receive £10,000, to be divided ner while ho declared that the

between ..himself and certain Liberals were in no doubt of the

labour Aldermen, The pressure. ex-Speaker's title to receive the came from Mr. Maling, but that long-standing and specified pen-did not lessen Mr. Arnal's cul- slon that was merely deferred pay. pability. But, it must have been totally lost

Money Sent from England.

No information is available as on Dundee's unique representa- to the type of propelling machinery.tive, Mr. Scrymgeour, who rose In the opinion of the Commis- It is by no means certain that into ramp up a contrast between stoner, there was no doubt that the ternal combustion engines will be unemployment, starvation, and money was despatched to Australia decided upon. This is a type of £4,000 a year.

by the instructions of the late Bir

"I think, in the circumstances of the case, it would be giving to much importance to a mere verbal departure from the provisions of engine for which Messrs. Harland Colonel John Ward's health is James Keninal, formerly managing Section 104, to uphold the objection and Wolf have become noted, and precarious: he does not often per-director. of Messra. Babcock and taken by Mr. Fitzroy, and con- if they are used the new liner will mit himself the strain of debate. Wilcox, in consequence of letters aequently I think we may treat the not only be the largest vessel in the But, leaning on his stick, he in-from Mr. Arnot notice of motion as one for a re-world, but the biggest motor ship.sisted: "I must say a word on this, The report, declares that Inter- hearing and follow the procedura

The Britannic?

if it is the last time I speak in the national Combustion Ltd. was not subsequently laid down under Sec-

| privy to Mr. Hutcheson's promises, Lion 105."

No decisión has been reached as What he did say annoyed the and sent no money to Australia.

The Commissioner éxpresses tho

Поиве."

י

tion anything but the brief Mr. Jenkin then proceeded to grounds of the appeal. He was analyse the evidence. He argued to the name of the super lind, but Socialists additionally because he belief that a large part of the sum not called upon to say that he ask that there was sufficient ground it may be Britannic, reviving the has always been regarded as a of £10,000 passed from Mr. Maiing ed for a rehearing. All the Court for the Court to grant a re-hearing name of the vessel of that name representative of Labour. Begin to Alderman Green Ifa also con ning ilfe as a navvy, Colonel Ward alders that Alderman Holdsworll had to be satisfied of was that it of the case. He said the appeal sunk during the war.

The fastest ocean-going vessel is ending it with more than one demanded £1,000 from Mr. Arnot, had bufore it a mation which Major Willson, the second police now on the Atlantic service is the distinguished Order to' his name, but that there is no evidence that

was from a conviction recorded by

which having, in the access of experi- the money was paid. magistrate, on June 9, when he Cunard liner Mauretania,

crosses at a speed of 25 knots.ence, long abandoned the views No harm, says the report, was sentenced the defendant, to one month's imprisonment with hard. Should the new vessel be fitted with which bound him to a Socialist) done to the citizens by this "cor- between Mr. labour for the offence of publicly motor engines of the Harland and Opposition.

rupt bargaining" Using his own argument," he Maling, as in all probability the exposing himself in Kennedy Road. Diesel typu this speed will probably

be exceeded.

remarked, "Mr. Serymgeour ought tender of Messrs. Babcock and Identification Question. The highest powered engines at not to be wearing so good a suit as Wilcox would have been accepted Counsel went on to recall the present are the Harland "B" and I see him in lo-day. Give up your even if no promises had been rinde Sir Henry Gollan replied he did circumstances of the case, He said "y" 8-cylinder 4-cycle double act cont, and let us see what you look by the tender.

capable of like then-many each not think that the Court had any Mrs. F. Lea and Mrs. L. Lepparding Diesel's, power to amend, All it could say were walking along Kennedy Road developing 10,000 h.p., on the Royal haven't one at all."

Pucket Company's was that all the material elements on May 21, at about half past seven Mail Steam 1equired appeared in the notice in the evening, when a Chinesa motor-ships Alcantara and Ar and that there was merely the non-riding a motor cycle drove into turias, and on the Union Castle use of the word "rehenring." "I Kennedy Rond from Macdonnell liner Carnarvon. don't think there is any question Road, dismounted from his machine,walked past ahead of

Mr. Jenkin said that the matter was obviously a slip, and suggest- ed that the Court must have power to deal with 11.

of amending," he added,

יין

Continuing, Mr. Jenkin pointed out that Mrs. Len frst described

100,000 H.P.

tons

men outside

Socialist's' Rolls-Royce. exelted as if he had drunk a glass The Prohibitionist became as

The allegation, states Router's Agency, was that Mr., Maling told Mr. Arnot that, although his firm's tender for the work was the lowest, unless Mr. Maling got £2,600 for i would not secure the contract

བས་ས་ RIOTOUS SCENES IN GLASGOW.

AFTER ANNUAL RALLY OF ORANGEMEN.

London, July 8.

of cider. Io jumped up and himself and £5,000 for "the gang," down, while the Opposition at In- Later Mr. Maling was declared to Turinted and growling. Finaing | have said that a meeting of certain Mr. Jenkin-As It is of such theni and committed the offence Each of these vessela has two of Colonel Ward had no intention of aldermen had decided that £10,000 grave Importance, and as the prac-complained of.

these engines, which means 20,000 giving way, Mr. Scrymkeour at last must be paid. In evidence before tice here in without parallel else.

Mr. Jenkin emphasised the imh.p. The litiers are approximately shouted something at him which the Commission, Mr. Arnot de where, this matter is a very gruveportance of identification and sald 22,000

gross, und the was drowned in the noise being scribed how it was arranged that one indeed. There are two very he had no doubt that the ladies Carnarvon Castle 20,003 tons, 80

The money should be paid over well-known families involved.

were insulted, as they said, but that it will be seen that machinery made by his colleagues,

"This is worse than ordinary through an intermediary. Sir Henry Gollan-Thut, of added he would show that the de- of tremendously increased size and

propaganda," 'continued be required for a party course, we don't take into considera- fendant was not the man.

payer would-

Colonel Ward calmly, "the thing. tion, Mr. Jenkin. It is a crave

60,000-ton ship. matter for anyone.

Ten single Diesel engines of is absurdit is really silly." He Addressing Mr. Fitzroy, Sir the man to the police as "short, 10,000 h.equal to 100,000 h.p. reminded the Socialists, to their annoyance, of Mr. Henny Gollan said all the essential thick-set, wearing gaiters, and would occupy an enormous amount increasing requirements of Section 104 had looked like a Japanese." Mra. of space, so that the problem is not Whitley's lenience to their more uproarious back-benchers—a loni- been complied with. Ten days' Leppard gave no description at an easy one.

The North Cerman is now build ence that was often criticised. nolice had been given, a motion that time but before the magistrate

40,000-ton ships. "You are stabbing the best friend had been filed, it had been served she described the man as wearing building two upon Mr. Fitzroy, and grounds a white shirt, no hat, with water. Machinery will be of the steam you ever had," he finished seora-

turbine type. The power develop fully. were set out which would have proof leggings. Before the magised is 30,000 h.p., which, it is anti- Lieutenant-Commander Ken- Riotous scenes followed the an- appeared in an application for a trate, Mrs. Lea had said the mancipated, will give a speed of 26 worthy, who already has a com-nual rally of the Glasgow Orange- re-hearing,

was wearing riding overalls and kriols.

manding lead in the number of men, at Kirkintilloch. Counsel for the Crown replied had no hat. Also at the identi

The White Star Line has had columna spoken during the Thirty thousand Orangemen fication parade she told Sergt. that everything must be done Rozeskwy that she did not see his practically all its vessels built at Session, increased the disadvant-participated in the procession, strictly. Ile submittal that the

Belfast. The first steamer built age of the rest of the House with which, after returning to the matter in argument was one

by Harland and Wolff for the com- a curious monologue seeking to Orange Hall, diabanded, each con- which must be strictly interpret-

pany here was the old Oceanle prove that the Opposition motiontingent proceeding to its own die- ed. The Court could only dismiss the application for a re-hearing or

Continuing, Mr. Jenkin said that which was put into service in 1871. was a protest against the lucky trict. Disturbances occurred prac- This latest order will inerenan the ground landlord and the financial tically, throughout the city. But grant a re-henring The Ordin in order to convict, the Magistrate already large amount of work on speculator.

tles and stones were freely ex- ance required things to be done in must have come to the conclusion hand, consisting of a 26,000 ton It may be judged that his argu-changed. Giris in their teens at- a strict order, and if one falled defendant had changed bla clothes, Union Castle passenger liner (and Cooper Rawson, suddenly resign-

that some time that evening the White Star liner, 20,000 ton ment was dificult to follow. Sir tacked each other. in any title, then it was, a The evidence was all one way sister ship to be laid downing the effort, asked brightly: A dozen arrests were made.

Several peraoNS were injured. fatture whleh could not be put right and the ease must be that the defendant was not the shortly), four 15,000 ton passenger "Why don't you give up your strucks out. The interpretation of if the Magistrate came to the 'con- tion Co., three passenger motor

Mr. Jenkin contended that lines for the Nelson Steam Naviga Rolls-Royce?" the provisions must be strict, clusion that the defendant had ships for the Belfast Steamship nounced the verdict for which the To encourage the use of elec

them," he remarked.

Not An Amendment,

face.

man.

Not the Man.

the Magistrate.

the Accommoila-

וי

Mr. Wordlaw-Milne at last pro-

Stepney Borough Council is to Opposition had for some time tricity for industrial purposes beon asking. "It is pure hypocrisy," he said in disgust, and supply bakers with current at recommended as a sound corollary night at the rate of d. per unit. members should reduce their Par-watched a Baptismal service in the lamentary salaries.

of their attitude that Socialist

Holiday makers at Southsea

because they were laid' ddwn perfectly clearly.

changed his clothes, then he should Company." "If one makes have interrogated the witnesses on

An official of the White Star Line mistaken, one has to stand by the point and should have put his said that

Mr. Jenkin said that, according conclusion to the defends It might tion of the new ship will surpass to Mr. Fitzroy, the Court had be within the rights of a Magistrate anything hitherto scen in the At no power at all, but perhaps they to keep that point to himself, but lantic service. would grant him the Indulgence offence.

it should have been put to the de- ascertaining whether that pro

sca, 30 candidates connected with. Premier's Plea The question of the prosecution position was correct or not, a pro-rose and Mr. Jenkin explained been gulded by surmise than by The Prime Minister surprised Elim Four Square Church being

immersed. position which their Lordships that witnesses were examined by

evidence:

the Socialists by telling them that Boomed inclined to accept

Touching on the Identification, the Speaker's pension was liable

Holyhead Lifeboat station, one The Chief Justice pointed out Mr. Jenkin said the young man to Income and super tax charges, 1

that it was usual for a commission- went to the Central Police Station They had not bothered to find that of the three oldest on the Welsh Giving the decision of the Court ed police officer, at least an In- and was there for two and a half out, Mr. Baldwin reminded the coast, with a record of 854 lives, upon the point, Sir Henry Gellan specter, to examine witnesses. It hours before the identification Commons that the Speaker was rescued from shipwreck, has com said as at present advised he seemed to him rather an excep. parade was held. Mr. Jenkin sub- the only man among them entitled pleted a century of service. agreed with Mr. Fitzroy that the tional practice, as an Inspector mitted that their Lordships should to a political pension; and that Court had no power to amead usually examined witnesses and hold that there was no evidence on the occupant of the Chair, when with respect to appellant pro-alao cross-examined.

which there could be a conviction, he left the House, was, like the other speech deserving mention ceedings under the section. "But Mr. Jenkin said that in the or- and to grant leave for a re-hearing Prime Minister, barred by long was Mr. Saklatvala's I don't think this is a question of dinary Police Court it was the and allow him to call a little addi- tradition from entering into the lie inopportunely suggested that amendment It is one of ure Magistrate who took the witnesses, tional evidence.

the observations of the Socialista competition of the market place.. form and if we are satisfied that the police officer being asked if ho In reply, Mr. Somerset Fitzroy Despite Mr. Baldwin's appoal should be construed as a solemn all the necessary conditions re had any further questions to Bug-reviewed the evidence given at the that even if there could not be pledge that none of them would [quired by Section 104 have been, gest

Biagistracy and, pointed out that unanimity the discussion should accept a salary of above £2,000- In fact, fulfilled, I think that would Mr. Jenkin said he was not stand the defendant was seen clearly be shortened to avald embarrass- a year, when the Party achieved kiva na grounds for refusing to ing up to make capital out of the under the lamp by the witnesses.ing Mr. Whitley, a succession of the sweets of office, pe de adopt the objection raised by Mr. Magistrate. It was a case where Counsels' submissions closed at the more Insignificant Socialista The idea was received in terrible Fitzroy." The Chief Justice con- there was so much discrepancy that 1 pm. their Lordships intimating continued to draw comparisons be silence. Rarely, has the Com tinued:

it was necessary to bring forward that they would not give their de tween the "lavishness" of Speak-munist member seemed to those. "There is no doubt about it that these points. It seemed to him cision then but adjourn until 2.15 ers pensions and the dostitution among whom he sits less a “com- if this appeal had been out of time that the Magistrato had rather p.m.

of "the workers." But the only rade."!