1938-03-10 — Page 19

THE HONGKONG TELEGRAPH. THURSDAY, MARCH 10, 1938

Personalities of Old Hongkong

JUDGE

WHO ORDERED FIFTY LASHES

FOR CONVICTED EUROPEAN ROBBER

ONE OF THE MOST TURBULENT TIMES IN H.K. HISTORY

H

By T. Paul Gregory

ONGKONG has on the whole been exceptionally fortunate in securing the services of a succession of eminent jurists who have ably administered justice in its Courts.

The majority of those who have been sent out here under appointments of the Secretary of State for the Colonies have been men whose attainments in their chosen profession had already marked them as pre- eminently fitted to uphold the proud traditions of fair play in the administration of British justice.

Some of these,-Sir Julian Pauncefote, amongst others- devoted their energies to the carving out of brilliant enreers for themselves, and on account of their high achievements have earned a Insting immortality. For some, foo, a civil service appoint- ment in the Colony has been no more than a sort of temporary "stop gap" and their careers which early augured the acme off successful accomplishment soon "fizzled" and came to uaught.

Mr. II. J. Ball

Shanghai

One of these latter was the brilliant but unfortunate Mr. Curfew

Henry James Ball, Judge of the Court of Summary Jurisdiction

during the 'sixties of the last century.

Mr. Henry James Ball was it a man deserved a public Rogging Extension

born in England in 1819, and he got it-and thụt was all there was

received an excellent education amply fitting him for a career in the legal profession.

He was educated at both Oxford and the University of London, from which institutions of learning, he ecclved the degrees of Bachelor of Arts,

to it.

a

Sir

of the

be

TREASON TRIAL EVIDENCE REFUTED

Chamberlain Ridicules Charge Of British Subversive Activity

Moscow, Mar. 9. M. Yagoda, former Chief of the O.G.P.U., gave secret evidence before the military tribunal of the Supreme Court to-day.

It is presumed the evidence affects foreign Powers, which, it is alleged, aided the Trotskyitu counter-revolutionaries on whose behalf M, Yagoda acted.

The Court received report by In commission of five medical ex- perts who examined evidence relating to the death of Maxim Gorky, Manzhinsky, Kuibyshey

RADIO BROADCAST

Lee Wong and Doreen Ma From the Studio

CHILDREN'S HOUR

Radio Programme Broadcast by |ZDW on frequencies of 845 k.e's, 9,52 |m.c's per second.

8.03-11.0 Chinese Programme. 5.0 Relay of the Dance Orchestra from the Roof Garden of the long-

kong Hotel.

you're a Sweetheart, c) Serapin' the a) My fine feathered friend, b) Toast, d) Bel Mir Bist Du Schoen.

5.15 Interval of recorded dunce music from ZEW.

5.20 a) Sweet Leilani, b) Song of the Islands, c) Blue Hawall, d) Hula Medley.

6.35 Interval of recorded dance music from ZBW.

5.45 a) My secret love affair, b) Over Night, e) Josephine, d) Chrn-

van.

6.0 Studio Children's Hour. 7.0 Sea Shanties, Storm Along; Roll The Wood-Plie Down. (Arr. S. Taylor Harris), Nous Irons A Valparaiso (Pures & vanı Parys); Sciucamunni Sia, Lampa and Peshkov. The experts (Arr. Favara)...John Goss and found that the four accused doctors Cathedral Male Voice Quartet; Agin- who, it is alleged, acted under M. court (Wilfan); Here's A Health Yagoda's orders, had criminally and Unto Hia Majesty (Harris)....John Male Voice maliciously maltreated the patients Goss and Cathedral so as to bring about their deaths. Quartet. Also, the health of Yezhow had been considerably impaired by the sprink- ling of polson on the floor, of his offee, traces of which were found in the furniture and in the air.

De

7.10 Light Orchestral, Les Saltimbanques Overture (Louis Ganne)....Orchestra, Sym- phonique du Lutetia Wagram Cond. Ly Fernand_Heurteur; Proeludium (Jarnefelt), Berceuse (Jarnefelt). DENIAL IN COMMONS

John Barbirolli and His Orchestra: According to a London message, Indian Love Call ("Rose-Marie"--R. an emphatic denial of the allegations Friml), Until (W. Sanderson).

Groot the Moscow by some of the accused

The Piccadilly Orchestra; A treason trial that they acted as Tzifane Night At The Hungarin.... agents of the British Government Played by Colombo's Tziganes.

Quota- Soviet regime, was given by Mr.

7:35 Closing local Stock with a view to overthrowing the

7.40 Neville Chamberlain In the House, of

studio-Lee Wong

(Vocal) the Commons in reply to several ques-

and Doreen Ma (Piano),

1. been tions.

You Can't Run Away From 2. You Love To-night-Lee Wong; Showed Me The Way-Doreen Ma;

Shanghai, Mar. 10. He seemed to take a sort of sadistle;

The Shanghai Municipal Council glee in subjecting men of his own has approved the extension of the nationality to the torments

certainty what was regarded as a scorpion-lash, and upon one occasion curfew up to 12.30 a.m., making final whilst serving as Acting Chief Justice

for fe past week. However it now In the absence of Jelin Smale,

remsins for the Shanghai Municipal he sentenced

Police Commissioner and the Com- John Thompson to

years' mander of the French police to agree prisonment with fifty lashes to tie to the date on which the extension

uitministered to him in

in public Whilst he was apparently not In- the period of his confinement. welled the change will be brought will become effective, though it is terested in the law is a career-unt!! during

Thompson had been convicted of about on Saturday. his late twenties, he took it up with

stupe-

The first to rejoleu will be avidity and served as Special leader house-breaking and the use of

have to commit The latter lying drugs in an effo from 1840 to 1853. In

for curtailed time operating оп year, he was called to the Bar of rubbery, but the sentence meted out cabaret managers who the Home Court, and two years later to him by the obdurate Judge was several months.--Reuter,

well established on a career in too much for the sensibilities of the

European community, wh

who forth- Majesty's Civil Service-bring th appointed Attorney General of, Bri-Richard Graves MacDonnell, to remit petitioned the Governor, Sir tish Honduras,

the flogging part of the sentence,

was

Her

un effort 10

tions of the Chief Justice even when it does not altogether in- capacitate him from performing

them.

now

Hig appointment 10 Honos "pointing out what a serious loss to come about through the fortuitous British prestige it would be if one establishment of the now defunct "Court of Summary Jurisdiction and of their nationality were flogged in arranging for the nomination of a public."

memorialists History does not record whether Judge thereofan Act passed by

the petition was successful or not, the Legistative Council on March 22. 1802. The Secretary of State being but the probabilities are that it was duly

notified and signifying his not, as there are other instances of approval, designated Mr. Enll as the Europeans being "cut up piccemeal" inan to fill the new post. Mr. Bally the "cat" in the turbulent days of himself was apparently under the im- the Inte 'sixties and early seventies. pression that he had been named a Puisno Judge, and did not realise the difference until he was personally

of

the fact by the Secre- appraised tary of State previous to leaving London for Hongkong.

He arrived in the Colony on July 7, 1802, and was soon to prove his mettle as a brilliant

L

MALADY GREW WORSE

not long Mr. Bail was fated to occupy office in the Colony; for his nulady was steadily growing worse, and his irascibility of temper due to his bad health was to alienute what few friends he had. Upon more than one occasion he caused trouble in the

The Prime Minister said: "I am aware of the prejudicial effect on Anglo-Soviet relations likely to be produced within the Soviet Union by the evidence given in this trial, but allegations, I doubt whether the which are totally untrue, would be given any credit in this country, or indeed, anywhere outside the Soviet Union.

names

which

have

of lis

-

tions.

&

3. You're A Sweetheart--Lee Wong 4. Medley-Doreen Ma; 5. Stardust On The Moon-Lee Wong; 5. You're My Desire-Doreen Ma.

Weather 8.0 Time,

and An- nouncements,

8.02 Chinese Programme-Studlo Concert.

11.0 Close down. 8.05 Variety, Dance

Orch.--Hot Pie-Third

the

4.-That it is with much pain and reluctance that your

"I feel I need hardly assure the feel bound to

Ilouse, that the Government has not point out Your Excellency's atten- tion to this matter, but in view of been guilty of any breach

Helping....Th

.The Six Swingers. Direc- its important bearing upon the due agreement with the Soviet Govern- administration of justice, and thement and has not employed any of ted by George Scott Wood; Plano-

those

been Blossoms On Broadway (From confidence of the community in

mentioned, to work for the British Alm) Remember Me? (Film Mr. the highest tribunal in the Colony, intelligence service, or engaged in Dodd takes the Air')....Leslie Hut-

reasons they see strong

Accordion Music-My sive activities against the chinson;

Wind And Jonger preserving silence.

5.--That

under 1} circum- With reference to the suggestion | Way (Zander)....Jungherr's Ac-

Waves (Munsonius), stances, your memorialists are by MIR

ter Del Wilkinson that Lady cordion Melodians; Vocal-Clavelito

Del Genil (Romero), Flor

Mal strongly of opinion that the power | Muriel Paget had been lecturing on now vested, by section 34 of Or- her experience in the British intel Padilla-Montesinos)...Raquel Mal- Minister ler with Orchestra; Accordion Band You Needn't Have Kept It A Secret

Band ..Primo Scala's Accordion

for no

dinance 7 of 1802, in the Chief Justice should be vested in the Governor of the Colony alone, and they respectively beg that Your Excellency may be pleased to In- to the Legislative Counell an Ordinance repeating that see-

see tion and modifying it in such a way ns to confer upon the Governor of the Colony for the time

being. the sole power of appointing a fit and proper person to preside at

but wholly Court by his taking offence where biased and temperamental Jurist none was meant. It was revealed, too, that the Judge

troduce to The epileptic seizures now came was unfortunately suffering from epilepsy, which an account of the upon him with more regularity than to ever, and they attended him like suddenness of its attacks were

henda bent upon his destruction render the Court sessions extremely

even whilst he was sitting upon the precarious. Indeed, the malady was

colour many of the decisions de- Bench. Often it is recorded that he livered in Court; for he often took would suddenly fall from his chair the liberty of "stretching the law" with a piercing scream, and would be and giving the limit to some "poor taken with the violent paroxysms devil" who had run afoul of the law sufferer from his malady.

to

af

A

any, su

subversive Soviet Government."

genee service, the Prime said that Lady Paget had no CX- perience of the British intelligence

service.

(Vocal Chorus by Ralph Silvester).

8.30 Lundon Relay-At The Black Dog.* and

"Anyone who knows her work. nows that it is unsclish humanitarian," added the Premier Reuter.

SECRET SESSION

Moscow, March 9, A communique states that Rakov

anly

when

Mr. Wilkes at home in his own by Pascoe bar-parlour. Presented Thornton.

9.0 Orchestral Music,

A talk by The Right Hon.

(Continued on Page 5.)

Sir

Le Carnaval Romain-Overture (Berlioz, Op. 9) .Slr Hamilton the trials of the Supreme Court, sky, Yagada, Rosengoitz and Kres- tra; "Portsmouth

Harty Conducting The Halle Orches

Point"Overture in the place of the Chief Justicetinsky, four of the principal defend-(Walton)....The BBC Symphony upon just occasions,

And your memorialists will ever evidence in secret session to-day.

treason in the

trial, gave Orchestra. Conductor, Adrian Boult. and who had been tried and sen- The local press of the day in their

0.15 London Kelay-"World AL- tenced under his jurisdiction.

cominent upon these periodical out-

prav. etc., etc.

they reply to the memorial was re-engaged in treasonable spying con

that they were fairs." testified Mr. Ball speedily acquired the re-breaks stated upon more than one

"It was one of the most erived in due course from the Colo- occasion: putation of being a "hard-boiled" Judge, but it was not until the pars painful sights that could have been pial Steretary to the effect that lnnections with oflcial representatives Malcolm Robertson, G.E.M.G., KB.E.

witnessed in a British Court of Jus-structions had

of several foreign powers. had already been received uge of the notorious "Flogging Orice

"It has been established that those The publie will anxiously look from the Secretary of State to in- dinance" (No. 12 of 1865) that he

forward a time when spectacles roduce legislative measures which representatives of foreign powers. leapt into prominence when he clean-

connected with the above conspira- 15 stated that be "would make no of this nature shall no longer be would render the special measures

It is that they asked for unnecessary.

tors were from the anti-Soviet bloc distinction between Europeans and presented.

Mr. Ball, however, did not wait for as well Ds from the States they Chinese, and in any case in which should continue so

The Hongkong publle at length the decision from home but toolt de represented."" personal violence was used, he would į

The communique said that Yagoda pass a sentence which would include could stand it no longer, and on

services were no longer desired and had admitted he organised the killing corporal punishment."

by over one hundred of the leading forthwith handed in his resignation. of Peshkov. United Press. inembers of the community-jurists,

In view of his fact, and the

cir- ing it, the Govern Mr. Tall soon became greatly merchants, bankers, etc., was pre-instances attending

liberal 312 Its treat- criticised for his interpretation of the rented to the Governor, Sir Arthur ment was

dogging ordinance", as he seemed Kennedy. The petition was a not-ment of him, granting him a com- to absolutely misconceive its

realable one on account of its temperate mutative allowance of Ave years

Prepara purpose. The act was designed by its but firm language and is given insalary in lleu of a pension.

tory to resigning. Mr. Ball took four tramers to act as a wholesome leter-full as follows:

months' leave of absence effective from June 20, 1073.

FLOGGING ORDINANCE

was

be

rent to the "crime wave" of robbery by violence which had broken out li the latter part of the year 1804 and the first months of 1865. The rob- bars were Chinese riff-raft-former Tat-p'ing rebels and pirates-who flocked from the mainland in search of "ensy pickings" on the island. Imprisonment did not seem to b effective, and like the present wave of "bag snatching" something more terrifying than simple incarceration with hard labour

demanded. "Flogging" was thought to be the very thing, and it must be remember- ed that whippings in those days were carried out in public, and the prisoner might be

given anything from twenty-five to nity lashes on the bare-back with the "regulation cat of-nine-tails"-a whip divided into nine strings or knois-which formed a terrible instrument of corporat punishment, so that the infletion of This penalty caused avery convicted quake with fear and prisoner to dread.

Obviously, such a severe penalty not designed to be inflated upon **Europeana, but in the opinion of Mir, 55Ball there was not any difarenco-

memorial as a broad hint that his June 23, 1873, a memorial signed

PETITION TO GOVERNOR

To His Excelleney Sir Arthur E. Kennedy, etc., etc.---

The memorial of the under- signed residents

humbly showeth:

verz

COUNCIL'S GENEROSITY

BELGIAN SYMPATHIES

WITH CHINA

Chungking. Mar. 10.

The Legislative Council, teo, was Sympathetic concern over Chinn's war of resistance to Japan's aggres- of Hongkong quite generous and on April 9, 1874

voted him a sum equal to one-thirdsion was expressed in a letter ad- 1-That acting under the pro-land ($333.33) for his wife and him- Workers Union to China.

of the cost of two passages to Eng-dressed by the Belgian Catholic visions of section 34 of Ordinance self.

The letter was handed to the No. 7 of 1802, and under the

The unfortunate Judge did not re- Chinese Legation in Belglum for for- directions of His Honour, the Chietire by any means too soon; for he warding to Ching-Central News. Justice, the Ionourubic H. J. nuccumbed to his matady on August Ball, Judge of the Court of Sum-20, 1874 month or so after his mary Jurisdiction, hos recently

return. prestant

at the hearing of severn!

civil

and criminal in the Colony, It may be stated that base hospital outside the west city eases in the

Court. Supreme

he was the first and lost occupant of gate were killed on the night of 3-That there has been nothing the Judgeship of the Court of Sum- March 3 when a part of the building in the state of the Supreme Court mary Jurisdiction; for Us short-collapsed amidst à heavy snow storm,

necessitate this course.

lived court was abolished by the │-Central News,

to

As a summary of Mr. Ball's carcer

WOUNDED SOLDIERS KILLED Hengyang, Mar. 10. Over 10 wounded soldiers in the

3 That your memorialists en-provisions of Ordinance No. 12 of tertain a high sense of the services 1873, and a Pulsne Judgeship was

STATIONS BOMBED performed by Mr. Bail during his decided upon instead. Thus passed

Húchow, Mar. 10. tenure of office in the Colony, but one of the most hectic periods of Tenghaien and Kwankino sintions

Biol. they cannot conceal from them-

administration In the his-on-the Tientsin-Pukow Railway In solves that the lamentable in-tory of Hongkong-a perlod made Shantung were combed by Japanese firmity of health, under which miserable for both the administrator planes yesterday, that gentleman has unfortunatoly of justice and his associates-on Three bombing machines took part suffered for so longan period, account of the hereditary malady in the raids, dropping over ten bombs renders it extremely undesirable which totally incapacitated its victim at Tenahsien station and three at that he should undertake the func-for the dulles of his office.........

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