Page
June 4, 1898.]
CHINA OVERLAND TRADE REPORT. Mr. Justice Wise-What is the number of victed, each of them as being is a position of a the Article ?
Mr. Francis-No. 29.
keeper of a common gaming house. Their names were Fung Wan, Fang Ying, Lo Yui, Fung Ho Tsun, and Lo Cheung.
The Chief Justice-You do not contend that there can be only one keeper of a common
The Chief Justice-The Court held, I think, that it was a neglect of seamanlike precauation. Mr. Francis-Yes, of ordinary seamanlike precaution. He added that that involved a ques-gaming house? tion of fact and nautical skill, or their lordships might think it did. Their main contention, however, was that in all the cases which had been decided on that point and under that Article or corresponding Article of previous regulations, there was no case that went any- thing like as far as that.
Mr. Justice Wise-That is your main point ? Mr. Francis-That is our main point. Mr. Justice Wise-All the other points were found in your favour.
445
SPANISH-AMERICAN WAR.
CONSUL WILLIAMS IN HONGKONG.
THE AMERICANS AND THEIR NATIVE ALLIES.
THE SPANISH GOVERNMENT AND
AGUINALDO.
Mr. Francis said no, but the question was whether there was any evidence to justify the finding of any or all of these people guilty within the definition of “ keepers of a common gaming house" as contained in the Ordinance HOW HE TREATED THEIR ENVOYS. or whether there were certainly some of those who had been convicted by the Magistrate who did not come within that definition at all. Might he assume that their lordships had read over the depositions or looked at them?
Mr. Justice Wise-Yes, I have done so. Mr. Francis said yes. He added that they Mr. Francis said he did not intend to con contended that the judgmentcommenced at the tend for a moment that the house, or rather wrong end. They being the vessel at anchor the front room on the second floor of 110, and the l'owan being in motion, for them to Jervois streef, did not come within the defini- commence the judginent with an investigation of tion "common gaming house." It was perfectly the conduct and behaviour of the Kwanglee and clear, he admitted, on the evidence that the the people on her was to commence from a point room was being used at that time for the pur-
which almost inevitably led to a wrong conclu-pose of carrying on the business in connection sion. They were at anchor, and the Powan with the Weising Lottery and it was equally was therefore prima facie to blame. And their clear, he at once admitted, that the room came statement was that the court ought to have within the definition contained in the Ordinance decided on certain facts about which it really on common gaming houses. Lottery tickets, expressed an opinion and did not arrive at a letters, etc., were found in the room, which decision that was as to whether there ever was showed clearly that somebody was occupy- a steam launch in the way of the Powan or not. ing it who was assisting in carrying on the -whether or not the captain and officers of the Weising lottery business. He thought it Powan were in their places at the proper time,
was clear, too, from the correspondence, etc., and that if these points had been considered that the business which was being carried and decided it would bare led to the inevitable on there was emphatically an
agency for conclusion that the Powan was solely to blame, a Weising lottery house in Macao. There and that under the circumstances the collision could be no joint offence in this case. There would have taken place if they had had 50 might be more than one person in the position lights on their stern. And therefore the ab- of keeper. Their contention was not that there sence of light in no way in point of fact contri- was no evidence, but that there was not suffic- buted to the collision. The misconduct and ient evidence to justify a conviction against negligence on board the Powwan were so great first defendant, and that there was no evidence that the collision would have taken place uo
whatever against the other four. There was matter what number of lights they had had or no evidence to show that any one of the other how their stern had been lighted up. They four had the care or management of the place, were going at such a speed and the conduct or were in any manner assisting in conducting of the vessel was so negligent that there must the business of such place or keeping watch have been a collision under any circumstances. about the same. Of course "the business" They contended that a careful examination referred to must mean lottery business. of the whole of the case, one of the vessels being at anchor and the other in motion, would show by comparison that the Towan should
Mr. Francis said yes. There might be a have been found wholly to blame. As they dis- scintilla of evidence in the case for the prosecn. puted the finding that it was a neglect of an
tion against the second defendant from the sim- ordinary seamanlike precaution under the cir-ple fact that he was found with a paper in his cumstances not to have a light at the stern. their lordships would probably think it advisable to have an assessor or assessors.
Mr. Justice Wise-That is what I wanted to know. If it was a pure question of law I did not see the necessity of having an assessor.
The hearing was ultimately fixed for the 13th of June, the court to nominate assessors if the parties are unable to agree with regard to them.
1st June.
THE WEISING LOTTERY PROSECUTIONS.
Mr. Francis, Q.C. (instructed by Mesars. Deacon and Hastings), who appeared for the appelant, said this was an appeal from the deci- sion of the Acting Police Magistrate, and the appeal was brought under the provisions of part 7 of the Magistrates' Ordinance, sec- tions 104 to 106.
It was an appeal on & question of fact. An application was made to the Magistrate for a rehearing. The Magistrate granted a certificate, and that certi- ficate had been filed. The original depositions had been forwarded to their lordships, and
notice had been filed and served upon repond-
ent, Inspector Hanson. The notice recited that on the 11th May defendants were convicted of keeping a common gaming house at 110, Jervois Street, on the 19th April, each of them being sentenced to three months' imprisonment
with hard labour and in addition fined $1,000, or in default of payment six months' imprison- ment each, such imprisonment to be consecutive, and it was contended that there was not sufficient evidenco to justify the findings. Mr. Francis, continning, said the proceedings extended over a considerable number of days in the Police Court, and five persons were con-
The Chief Justice-Then you place all the other four in the same position?
hand on which were certain figures; but that evidence was entirely displaced by the evidence for the defence, which clearly showed that the man was an entire stranger to the occupation of the place, that he was engaged in the manage- ment of a pawnbroking business in Macao, and had only come over on that day on the death of
his son.
The Chief Justice---On that point he may be
suspected of being connected with the head office in Macao, but there may be no proof.
Mr. Francis drew attention to the fact that with reference to the offence of keeping a gam- ing house there was no presumption as there was against anybody against whom a conviction was sought for frequenting a gambling house. If these four persons had been charged under section 8 the simple fact of their having been
presumption in point of law that they were there for the purpose of gaming.
found in the house would have established the
After a little further argument, The Chief Justice remarked that the Court thought the cases were distinguishable.
Mr. Francis assented.
The Chief Justice said each case was to be taken separately as some were in a better posi. tion than others, and asked Inspector Hauson
whether Le could show cause against a hearing.
re-
Inspector Hanson was not in a position to do this, and
An order for re-hearing was made on the depositions taken, Thursday, June 9th, being
fixed for the case.
We hear that a project for the laying of a tramway through the city from east to west is likely to be launched shortly. It is proposed that electricity shall be the motive power.
THE FEELING TOWARDS THE SPANISH ADMIRAL.
SOUVENIRS FROM THE “REINA CRISTINA.”
30th May.
For the past few days we have been expect- ing the arrival of the MacCulloch with news from Manila, but in her stead Admiral Dewey, sent the transport Zafiro, which anchored in Kowloon Bay at about half-past ten on Friday evening. There being now practically no dan- ger of the despatch vessel being intercepted by the enemy it is more than likely that the Zafiro will make the runs in future, as she con- sumes much less coal than the MacCulloch, a most important consideration. The erstwhile harmless British steamer has now a couple of machine guns on the bridge and two on the deck astern. As our readers will be aware, some of the former crew of the Zafiro remained with her when taken over by the Americans, and there was a rumour on Saturday that warrants for the apprehension of those now on. shore had been issued for a breach of the neutrality regulations, a rumour, however, for which there was no foundation.
As relics of the naval battle the Zafiro brought over a couple of 6-pounder cartridges and a 3-pounder shell and cartridge taken from the deck of the Reina Cristina after she had been put hors de combat. They are now on view at the new Victoria Hotel.
Last Tuesday the Zafiro under orders from the Admiral cut the cable connecting Manila with Iloilo, the two ends being buoyed and a long length taken on board.
The Zafiro starts on her return voyage to Manila to-day.
Among those who came over with her were Mr. Williams, late American Consul-General at Manila, and Captain Gridley, commander of the Olympia. The latter is returning home on sick leave. He left for San Francisco by the Coptic on Saturday. He has been succeeded by
Commander Lambton.
There is nothing very special to report as to the state of affairs at the Philippines, and it is not likely that any further important step will be taken until the arrival of the troops from
San Francisco, which troops, by the way, are expected to reach Manila on June 14th. The. arrival of the transports with supplies both of ammunition and provisions is anxiously awaited. The natives have made themselves useful by. providing the fleet with fruit, which of course has been very acceptable.
The best of feeling exists between the Ameri- cans and the natives. The organisation of the latter is being rapidly proceeded with by General Aguinaldo, who has gathered several thousands of them in and around Cavite. As yet only One day last week they captured a couple of between 4,000 and 5,000 are provided with rifles.
bullock carts filled with rifles, etc., from the Spaniards.
The Spanish Government in the Philippines have tried hard to wean Aguinaldo and his
followers from their allegiance to the Ameri cans. Soon after Aguinaldo arrived the Governor-General sent a couple of Jesnit priests to him and promised him all the reforms he asked for, including autonomy for. his people, also endeavouring to buy him over to their side. Aguinaldo in reply said he bad laid down his arms once before when the Government made exactly the same promises. They, however, did not carry out one of their promises and only banded over half the money promised them for laying down their arms. He accordingly declined to negotiate any more.
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