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THE HONGKONG WEEKLY PRESS AND
Witnesses were called to bear out this state-
asbestos or some similar material, and in this ease the packing had been cut an eighth of an inch too long, so that it did not lie flat on the fange and the escape therefore occurred. There was no doubt that there was negligence some. where, but on considering the whole of the evi- dence carefully he felt he would not be justified in asking the jury to say that the negligence was of such criminal character as would warrant verdict of manslaughter against the prisoner. He intended, therefore, to enter a nolle pross gui; but he felt bound to say the Magis frate was perfectly justified in committing the prisoner for trial, looking not only to the serious nature of the affair, which involved the death of two men. but in order to show, by means of the publicity given to the case by this method of procedure, what grave results might arise from trivial mistakes of this kind. He knew it was unusual for an Attorney-General or an Acting Attorney-General to give reasons for entering a nolle prosequi in cases of this kind; but he thought the circumstances of the case justified him in taking this unusual course. There was only one other point. He saw attached to the original depositions & printed form referring to Ordinance 6 of 1864. As his Lordship knew, the Ordinance had been repealed for some time. It might be economical to use. up these forms, but he did not think it was right to use this obsolete and antiquated form.
His Lordship-I noticed myself, when I read be depositions carefully, the wrong heading on he papers annexed to the depositions, and I trust they will see at the Magistracy that all these old papers are destroyed and the reference to the new Act substituted. But that has nothing to do with the merits of the case. I have read the depositions very carefully, and I concur with you in saying that it is a case which the Magistrate was quite right in committing for trial. It is clear law that where one man meets his death directly from the culpable negligence of another man, the defendant may well be guilty of manslaughter. But the degree of negligence is for the Court and the jury to decide rather than the Magistrate in a doubtful mitter, and of course it must depend upon the special circumstances of each particular case. You have had an opportunity of going more fully into the matter, and I cannot help thinking these men did meet their death from want of eare on the part of the man, whom I believe to be the prisoner, who affixed that packing to the sludge door; but it has been noticed that the person most likely to be killed or injured by an escape of steam was the engineer himself who was attending to his engines. I think it would perhaps be straining the law to say that the prisoner showed enough culpable negligence to justify the jury in convicting him of man- alanghter. I trust those who have the manage- ment of the numerous steam launches in this solony will take notice of this case and see that competent engineers are employed to look after these seemingly trivial details, such as the packing of sludge doors, now that they see what terrible results may arise from want of
esre.
The prisoner was then disobarged.
ment.
The case had not concluded when the Court rose.
20th May.
May 23, 1885,
(instructed by Mr. Reece), appeared for the Italian Convent.
With the consent of both parties certain cor. respondence which had taken place between Mr. Dennys and Mr. Francis before the issue of the writ was read.
An affidavit filed by Sister Louisa Frigerio showing that the girl was not detained at the Convent against her will was also read.
In his address to the jury Mr. Franois dwelt upon the nature of the complainant's injuries and the position in which the prisoner was at the side of the bed, and said that it was im-
After bearing counsel on both sides and the possible for such injuries to have been inflicted evidence of the mother of the girl and of one: from that position. Then, again, was it possible Abraham Ezekiel, who said he was a foster for a man, after being struck such a violent brother of the girl's mother, blow on the face, to have awakened in his sleepIn this case there can be no doubt that the His Lordship (Hon. W. M. Goodman) said and at once recoguised his assailant? The com plainant must have been unconscious, and it was
mother in time of need used the Convent as # Impossible for him to say what was going on in convenient charitable refuge for her three mediately after the blow was given. Counsel also children. The kind Sisters there took charge of asked the jury to disbelieve the evidence of the man them for 18 or 22 months, I am not certain, on who said he had seen the prisoner with a hatchet the evidence, which. The father has left the in his hand half an hour before the occurrence.
mother here, having gone to San Francisco twe This witness did not say a word about this until or three years ago, and according to the mother's long afterwards. The whole thing was a con-
evidence he wrote some time ago, but had no cocted story. They all knew enough of Indian means to come here. Mr. Abraham Ezekiel natives to know that the truth was not in them; swore in the witness box to-day that when he that was a characteristic of Asiatio life; they do met the father in San Francisco the father not know the value of the truth, nor the meaning wished the children to leave the Convent and of the word.
asked him to assist. The little girl is nearly 12 and does not appear to have received that training in obedience which her parents ought to have given. It seems she ran away from the Convent some months ago. The mother, how. ever, does not seem to have been very successful in her management, and it was arranged to send her to her aunt in Bombay, an aunt whom the mother described as having means and no family and being willing to receive and care for the child. The child was brought up in the Hebrew faith, which is that of the mother and father and the aunt in question. It seems that, finding the child unruly, the mother went to the Convent and begged the Sisters there to receive the girl His Lordship-I did not say you did, Mr. again till she could sail for Bombay on 22nd i Francis. What I am pointing ont is this, that May. The Sisters would only receive her if she if the plaintiff has invented this tale he must be stayed for a year, and as the mother would not a wicked and malicious man; he must have in- consent to that, the mother wished the child to a tense malice against the prisoner if he deliber-return back with her. Then it was that the ately comes here and swears that he saw this man do it when he knows it to be false.
Mr. Francis-My lord—
His Lordship said that everything that had been said about the character of the complainant was in his favour. He had been getting rapid promotion, which showed that he was a smart soldier, and was it probable that he would come to the Court and perjure himself? Within a few minutes of the occurrence the complainant told one of the witnesses that it was the prisoner who committed the assault. It was for the jury to consider whether it was probable that in that short time the complainant had malice against the prisoner and that he had concocted the tale.
Mr. Francis-I did not suggest malice, my lord.
child elected to remain at the Convent and " refused to go with her mother. Had the child ... been some years older the case of the Queen #. q
His Lordship-Please not to interrupt, Mr. Gyagall, L. Reports 1893, 2 Queen's Bench 282, Francis.
Mr. Francis-I did not suggest malice. His Lordship-I did not say you did. Mr. Francis-I-
His Lordship—I do not want too many terruptions. What were you going to say
Mr. Francis-I submit, my lord, that it is not correct for your Lordship, when malice has not been suggested by either counsel, to make the suggestion to the jury.
might have been more applicable. There the girl was about 15; here the child is not quite twelve, and the Sisters have in no way attempted to change her religious belief, and I cannot in-say that it is essential or necessary for the child's welfare she should remain at the Convent. I do not think it is for a child of 11 years of age to decide whether she will remain at a Convent or go to her mother, who is the only guardian she has in the colony in the absence of the father. I attach no blame to the Sisters - of the Convent; the mother was glad enough to avail herself of their kindness when she wanted a home for her children and gratuitous main». tenance. However, it is clear, as the mother wishes the child to return to her, the Sisters
His Lordship-I did not say there was malice, | Mr. Francis-If it is not suggested by either counsel, it is not within your Lordship's-
His Lordship-Mr. Francis, I would rather sum up the evidence in the way I think proper. It has been my habit for years when I was Chief Justice, and it is going to be my babit in future, to conduct my case as I think proper. -
His Lordship then continued his summing up. The jury unanimously found the prisoner Jaffer Shah, gunner, was charged with mali-guilty. sionsly wounding Corporal Mahommed Ali, in Asked if he had anything to say, the prisoner Macgregor Barracks, on the 6th ult.
said he knew nothing about the assault, and he was asleep at the time.
THE ATTACK WITH A CHOPPER.
Prisoner pleaded not guilty.
The case for the Crown was conducted by the Acting Attorney-General (Hon. A. G. Wise), instructed by Mr. A. B. Johnson (Crown Soli sitor); the prisoner was defended by Mr. J. J. Francis, Q.C., instructed by Mr. J. F. Reece.
The following jury was empanelled :-Messrs. D. K. Griffith, F. W. White, C. P. Karberg, F. Hubbe, A. Becker, D. Wood, and A. C. More.
The Acting Attorney-General said that the complainant and prisoner were members of the Asiatic Artillery. About 4 a.m. on the 6th ult. the complainant was in bed asleep, when he was aroused by a blow on his head. On waking he aaw, by the light of a lamp, the defendant stand- ing beside his bed with a chopper in his band. Prisoner ran out of the room, and complainant, who was bleeding severely from a wound on his face, was assisted by comrades. Jealousy was said to be the cause of the attack, and witnesses would swear to seeing prisoner about half an
· hour before standing outside the room with the chopper in his hand, and that the prisoner had threatened "to do" for the complainant.
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His Lordship said that the prisoner had com- mitted a brutal and cowardly assault, and he would have to go to gaol for three years. This was the a.cond case of the kind in two months, and if this sentence did not not as a deterrent his Lordsbip would increase the punishment. The maximum sentence was imprisonment for life.
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21st May.
IN ORIGINAL JURISDICTION. BEFORE THE HON. W. M. GOODMAN |
(ACTING CHIEF JUSTICE).
99
most not be a party to the child's disobedience by allowing her to remain at the convent. As Mr. Francis stated the Convent authorities were anxious to do whatever the Court thought right, I am of opinion the child should return to her mother, and as arrangements appear to have y been made to take care of her on her way to Bombay to go to her aunt there, I think no obstacle should be placed in the way of I make her being sent there, as arranged. no order as to costs in the circumstances.
Mr. Franois said it would facilitate matters if his Lordship would speak to the child and advise her to return to her mother.
His Lordship took the girl beside him, and asked her if she was willing to go to her mother.
The girl cried bitterly, and said she was not. His Lordship told her that it was her duty to obey her mother.
There was a painful soene in Court, the girl crying at having to leave the Sisters and return to her mother.
A WEIT OF “HABEAs corpus." An application was made by Mrs. Habeba
The N. C. Daily News of the 13th inst. says: Joseph for a writ of habeas corpus subjiciendum in respect of Rebecca Joseph, her daughter, 11-The French men-of-war which loft. Shanghai years of age, and to show cause why the girl, last week will proceed to Nagasaki to join the who was detained in the Italian Convent, should Admiral, but nothing is known about the future movements of the squadron, so that any assertion not be handed over to her natural guardian.
that they are about to make a demonstration at Formosa is mere surmise.
Mr. E. H. Sharp (instructed by Mr. Dennys) appeared for the mother, and Mr. Francis, Q.C.
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