February 11, 1899.]
avaid-rooks and bunks on wither hand. A ressol· drawing 7 feet 6 inches has thus to practically
· CHINA ÖVERLAND TRADE REPORT.
THE BURGOYNE CASE.
peared to take his trial upon an indictment in two counts charging him with falsely represen ting that he was possessed of 1.650 pieces of lamb-skin clothing and furs then in a godown T. 20,000 from the Russo-Chinese Bank to be in the Canton Road, by which means he obtained paid to his sccount, and further that he falsely pretented that a certain godown receipt, or delivery order. given by him was a valuable security whereas it was not.
over the ground at one point with were to touchi would knookachel in flat February John William H. Burgoyne ap dangerous rooks close on either © harjd; which
In the Supreme Court at Shanghai on the
bottom, to the risk of loss of vessel and ergo. What an argently wanted is, on the lower river, one or more buoy marking banks, on either hand, † outside of the: Wangmoon entrance to river, apar beacons on all rocks in channel and marking, ontør edge of sand banks extending out into river; on upper river, spar beacons on the river-bank indicating crossings, and buoys to mark suuken rocks and outer edge of mand.banks. On the upper river span beacons in the bad of the river are unsuitable for several 'reasons,, vis., the rooky nature of bottom, the greát riss of water in the wet season and their liability to be knocked away by descending Göraft and by the immense timber rafts -which-·| Most down river and constitute one of the many dangora tó navigation at night.
5
not yet visited this section of their dominions If the Coast Inspector or his Deputy hare it is about time that one of them did, before come calamity happens to call their attention to
it.
Tide poles are also wanted at certain points on the river to indicate the level of the water and act is a guide to the depth of water to be found in the various channels at different periods of the year; these tide poles should be set to one standard level cut in the rosks,
SHIPMASTER.
Hongkong, 2nd February, 1899.
· POSTAL RATES AT CANTON.
TO THE EDITOR OF THE "DATLY PRESS." SIR,As if postal grievances were not enough, one is added to the list here. Canton has a British Postal ®Agency, and all rules of the
· Hongkong head office are applicable here, still it is inexplicable why the ocean penny postage ~system is not extended to its branch.
Canton, 3rd February, 1899,
H. 8. K.
"
FOUL AND DUSTY ROADS.. isaar, bas "FOTIAG St Morite t --TO “THE EDITOR OF THE “ DAILY PRESS.”
SIB —I never saw such a filthy condition of things as, was presented by the roads to-day; all the distance from the centre to East Point was one cloud of dust above with dirt below. What is the meaning of this state of matters ? I was shooked to meet au English lady on foot, and another 'in a chair, both evidently very much annoyed and perplexed."
Seeing that the salt sea water adjoins the Praya, and is only a few yards from the Queen's Road, what reason can be found for the neglect of using it? It is the best possible preservative, and acts almost like cement in binding the stones. Upon sanitary grounds, too, the laying of the dust and firing it until the fains come and cleanse the surfaces is most essential. The neglect of watering during the last few months is bearing fruit in the ruin of some of the higher roads and I was
astonished to see the state of the roads about Government House on the occasion of the recent gathering. Whilst there is water in the harbour no justification can be found for dust ffling in the lower levels, and water is still running in some of the nullah, stresme which might be employed for the higher.-I am, yours faithfully,
WAYFARER.
Hongkong, 8th February, 1899.
Sir John Carrington's friends and the mem- bers of the Hongkong Volunteer Corps in par- ticular will be pleased with the portrait of the gallant Commandant which. has just been issued as a supplement to the Camp Gasetto, 1898, and copies of which we have received from Captain A. Chapman. The likeness is a striking one and the printing in photogravure, excellent.
The Crown Advocate (Mr. H. P. Wilkinson) prosecuted, the prisoner being defended by Mr. D. McNeill (Messrs. Dowdall, Hanson, and McNeill),
121
ful day's work which have been imposed upon us. Quite apart from whether the
to us to remember. But, however painful the defendant is guilty or not guilty, the mere fact of bringing him here is terribly painful duty may be wo must do it. If you think that the Crown bas made out its case you must say so, and when you have, if you have the misfor- meantime remember this, that upon your ver taue to say so, it is my duty to act, but in the dict, if you believe these charges to be true, upon your verdict greatly depends the honesty and good reputation of Shanghai. This is a commercial community. Its whole honour and its merchants, and it is for you to see that if prosperity lie in the hearts, in the actions, of there is anything done wrong, that that wrong. shall be punished. Gentlemen of the Jury, prisoner has done what he is churged with however painful it may be, if you think the doing, yon must say so, and with these words I dismiss you to consider your verdict,
affirmative and found the prisoner guilty on The jury answered all the questions in the both counts.
The prisoner's counsel had taken two legal (1) that if all the evidence given by the witnesses points in the course of his argument, namely, for the Crown were correct and regarded id ite only evidence of obtaining credit, which was most favourable light for the prosecution, it was not an offence within the meaning of the Lar ceny Act; and (:) that the document given to the bank, if anything, was a bill of sale which was void by nou-registration and therefore not a valuable security. The 4th February was tired for the argument of these points.
In the Supreme Court at Shanghai, on the Justice, John William Henry Burgoyne was Ath February, before Sir N. J. Hannen, Chief brought up for seutence.
Mr. H. Parkes Wilkinson. Crown Advocate, Neill (Messrs. Dowdall, Hanson and MoNeill) appeared for the Crown, and Mr. Duncan Me for the prisoner.
The Court was crowded with spectators,
The Crown Advocate, in opening the case for the prosecution, said it was the painful duty of the Jury to say whether the prisoner was guilty and it was his (the learned advocate's) painful or not guilty of the offence alleged against him, and bounden duty to lay before them such facts accused was guilty. The accused was charged. as would, he thought, prove to them that the
Werth, one of the managers of the Russo-Chinese in the first count, with obtaining from Mr. Bank, Tls. 20,000, which was paid to the credit of his bank account in consequence of certain false pretences, and in the second count the allega- tion was that a certain godown order upon which he obtained the advance was not a good security, as he falsely represented it to be, It would be unnecessary to point out to the Jury, who were business meu, the system whereby banks advancing money re- quired security. On the 26th of March the accused, Burgoyne, wanted money placed to his credit, and the bank before doing so wanted some security which would justify them in advancing it. The case was a simple one. so that it was unnecessary to more than poiut out that he obtained the money by way of a loan by false pretences. Although the defence might prove that the accused at the time he obtained the advance hoped by means of other transac. tions and by large dealings in these or other goods to have, before it should be found ont that the goods were not in his control, sufficient money to repay that advance-if such a defence were made even so the prisoner would be guilty of the false pretence and liable for it. Mr. Werth would give evidence that Tls. 2,000 were placed to Burgoyne's credit on the repre- sentation he made, that he had as his own and in the godown, lambskins and furs valued at Tls. 25, 00, and upon his pledging them with the bank as security by giving a document making them deliverable to their order. Mr. M. Speelman would give evidence as to the ad- vance of the money, and the keeper of Messrs. that on the 26th of March there were no Lordship, I was, of course, prepared to argue Dowdell, Carlill's godown would give evidence The Crown Advocate-May it please your such skins in their godowns, as the accused had those two legal points. But I'may say that represented, belonging to him, aud that if there there are three other indictm ts for obtaining were skins there they were the property of sums amounting to Tls. 60,000 more, and ong others. Mr. Otto Meuser, of the firm of Dod-other indictment alleging the same offence in well, Carlill & Co., with which the accused had been long and honourably connected, would also confirm the evidence of the godown keeper. Mr. Burkhardt, who had charge of all the securities for goods pledged to the Russo-Chinese Bank, would give evidence that when he went to look for the pede they were not there,
From the evidence it appeared that there were skins in the godown, which ultimately went forward on Mr. Burgoyne's account, bat that they were paid for by Messrs Dodwell, Carlill & Co.
No evidence was tendered for the defence, who had cross-examined with reference to the but it was contended by the prisoner's counsel, point, that the loan was really made to Mr. Burgoyne in consideration of his giving the Bank a share in Messrs. Dodwell, Carlill, & Co.'s exchange business.
His Lordship in summning up said and the questions for the Jury were briefly these It is reported that the Hon. T. Sercembeaking in the godown of Dodwell, Carliil and (1) Did the accused represent that he had 1,650 Smith is to be appointed Folios Magistrate, in to the Hon. H.F. Wedehouse, that the Hon. M&Thomson succeeds to Mr. Smith's appointment aus. Colonial Treasurer, and that the ones of Postmaster General 'will probably
Commander Nastings.
Co.F (2) Was this false? (3) Did this repre- sentation induce the bank to make the loan? (had be, by the relation that he made, Lardship said---I dare say you have had, intend to defraud the bank? In conclusión his what we all must have had, the most pain.
Mr. McNeill-On the last day two points were reserved for argument, one arising out of each count of the indictment. Had these points been decided in favour of the accused they might possibly have been discussed afterwards. The jury having, however, decided against him, - it is otherwise now. But I felt that even if I succeeded in convincing your Lordship I should Dot dare to say that i conld establish Mr. Burgoyne's innocence, after the jury had found him guilty. Mr. Bargoyne feels very strongly himself on this point and has instructed ins, with your Lordship's permission, to abandon these points and he leaves himself entirely in your Lordship's hands.
different form, but as the counsel for the pri soner has withdrawn his argument, the Crown will take no further action
His Lordship-As the points have been abandoned it is not necessary for me to say more than this: Well, I think they were quite proper to be reserved and mentioned by the counsel for the prisoner, yet I consider tbut so far as the second point is concerned the question of the validity of the document, which the prisoner gave to the Bank, I cannot
and I do not say whether it was or not,-it
ayself see how even if it was found valid
rightly convicted or not. would have any effect upon whether he was With regard to the that was obtained, without saying whether if first point as to whether it was money or credit he had obtained credit only, the act would not still have affected him. I may say after having considered and without my hearing counsel upon it, I had come to the provisional con- conclusion, that it was money and not credit olusion, and as I now may call it, the absolute that was obtained. I say that much in order that it may be plain that to my mind the verdict of the jury was correct and the conviction of form was legal. Mr. Barrows, ask the prisoner the prisoner upon this indictment in its present whether he has anything to say.
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