February 10, 1900.J
Speaking of the law under the Plantagenets, great authority writes as follows .--* A man who could not read and a woman, whether she could read or not, must be hung for stealing two shillings,” But a murderer of the worst kind who knew how to read, osoaped from nearly all punishment unless, indeed, he had married a
widow."
In such a strange state of the law the advics of the elder Weller to his son to "beware of the widows" would have been very appropriate.
Benefit of Clergy was not abolished till 1827 by the Act of George IV.
TECHNICAL OBJECTIONS.
Another drawback to excessive severity in Criminal Law is that technical objections are thereby encouraged “in favorem vitæ.”
It would be too tedious to give instances of the absurd objections which used to be taken to Indictments, and were not only taken but allowed to be fatal to the prosecution. Judges ought to have had the power at once to amend any slight defect not really essential to the substantial merits of the matter. But it was not till the present century that such powers were conferred in certain cases by various Acts of Parliament. It is not very long since an Indictment for murder had to set out in minute details all the circumstances of the crime, so that it became advisable to insert different versions in different courts. In one court it would be alleged that the knife was held in the murderer's right hand; in another that it was held in his left hand, and so on. It was one thing to require that the accused should know what he was charged with, it was quite another to require a number of irrelevent details to be inserted in the Indictment. Even in the present day some of our Indictments might, with advantage, be greatly abbreviated, and no doubt this will be done when our law becomes codified.
CONCLUSION,
Strauge as is the history of the devices re- sorted to in former days to mitigate excessive severity of the Criminal Law then in existence, underlying then all will be found a praise worthy leaning to mercy, a desire that the first offender should get off more lightly than the hardened criminal, or a desire that, if a loop. hole could be found, the accused might thereby escape the penalty which was felt to be, in some cases, too great for the offence. But it may well be doubted whether a much more complicated and unphilosophical system of jur. isprudence could be found in the annals of a great people than English Criminal Law in force even in those days when George III. was King."
During the reign of Queen Victoria, how. ever, not only bave great improvements been effected, but great and wise and honest Judges have administered the law and out of chaos something like order and system have been evolved. I am not one of those who think the present English Criminal aw perfect; but, as a practical system, it is now just and merciful. Taken as a whole it is not unworthy of a nation which yield to none in love of justice, adminis. tered alike to rich and poor-justice adminis- tered openly in the face of all men and without fear or favour.
The Formosan Government will shortly re vive the old scholastic degrees in force before the island passed to Japan. There were three of such degrees, which, according to the Ja- panese pronunciation, read Kiojin, Kosei and Shusat. The Chinese attached not inconsider. able importance to these titles, the holders being eligible for official posts, besides receir. ing certain social distinctions.
The thousand old soldiers from the Russian transport Moskwa still ornament the road in the vicinity of the Borneo Wharf, says the Singapore Free Press. With their great coats apparently as the only protection provided for them from the sun and the night dew, but they have ingeniously constructed little tentes d'abri of kadjang and puts of pieces of wood and iron. In no other Colony than a British one would the bivouacking of a thousand men, with no sanitary arrangements and very little idea of decency, be permitted on the pu'lic road.
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CHINA OVERLAND TRADE REPORT.
RACING NOTES
February 5th.
An excellent judge of form has sagely re- marked, that a few of the ponies already making time will have to give way to some of the steadier division when the numbers are up, and in this I quite cononr. There are at least fire whose names will be mentioned later on that strike one as being capable of better things,
Rampant Rose is steadily increasing in favour for the Derby, and his Saturday's mile and a half in three thirty-nine, accomplished as it was quite comfortably, leads to the belief that his work is progressing satisfactorily.
The subscription griffeu Sarton easily set tled the pretentions of Cossock in a mile and a quarter ran in three seven and a half. This pony is also out for Derby honours, and he answers every question put to him so well that he will have to be taken into consideration whenever he starts.
Mile and three quarter work was on Saturday apportioned to Bulbul and Black Prince, who both accomplished the task alone, Mr. Lewis' nomination making the best time. Strategist | and Enigma coupled, made better time over the same course than the stable companions Ting Haon and Corbie, but the last mentioned has put in more attractive work.
Mr. Toeg's champion Shannon is not an attractive mover, but for all that be puts up good time without any apparent effort. On Saturday he worked ovora mile and a half, doing the first ten furlongs iu exactly the same time as Pluto, whose portion was that distance. Both of these ponies are doing really well.
Trial time should always be taken with a great deal of caution. Although a firm believer in its usefulness to the owner or trainer, who knows exactly whats what, I am always reluctant to place any reliance in published form unless there to see. As an exampla
Thunderstorm's Derby distance on Saturday was covered in time equal to the best registered during the morning, but it was by no means the best gallop. Another Derby candidate with probably a stone more weight, went a longer course in slower time, and yet did just as well comparatively speaking.
In my notes of the 27th ult. a special refer. ence was made to the possibility of successfully introducing Australian racing ponies.
If any of my readers are curious to obtain any further information on the subject an oppor.
tuuity presents itself through the temporary presence in Hongkong of Mr. George G. Kiss of Sydney. Mr. Kiss is one of the best known stock and station agents in Australia, and an undoubted authority on all matters per taining to racing. His present address is the Hongkong Club.
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February 7th.
Monday and Tuesday morning were no cold the track preferred the comfort of their rooms that quite a number of the regular babitume of to the exhilarating influences of the early breeses, and the work accomplished was of no special moment, and the stay-at-homes probably had the best of it.
Thunderstorm and Rampant Rose are still the public fanoy for the Derby. There are plenty of good judges, however, who consider the chances of several others, notably Tiog Hoon, Strategist, Bulbul and Strathoons.
Bulbul has improved, wonderfully during the last fortnight, and lõõks as if he belonged to the staying tribe.
Messrs. Mokie and Gool's, who just missed last year's classic event, have a representative in the race to be decided next Tuesday week, whose chances are by no means small, and it is just on the cards that Strathcona, the pony in ques tion, will compensate them for their past"dis- appointment. Pitted against Strathfleet, the ranner up in the 1893 Champion. Strathonos did a sterling mile and a half yesterday morning, leaving the distance behind him in three thirty- three and a balf. Considering the weather cou. dations the gallop was a good one and his owner, whose careful attention deservės a return, doubtless feel that they are not, out of the bant.
Modder is another Derby candidat, whose light, as far as the public are concerned, is yet under a bushel. Watch breaking has not been his mission, but the arrival of his owner might create a tendency in that direction. The pony shows plenty of quality and ought to be possessed of pace. Mr. Toeg has a good frial horse in Shannon, and the probabilities are that Modder has already been asked to show his baud.
Rescue, Subsidy, Orange Blossom and Cossack are probabilities for the Valley Stakes. Starion of course is the popular anticipation, but the others are still in it."
The owner of Rescue won this event last year with ultimatum, and was only just benton It would be a strange coincidence if the per- in the German Cup with the same nomination.
formance were repeated at the coming meet. Rescue is doing well and the thing is not im- probable.
Subsidy is a suggestively named pony with a problematical chance. Orauge Blossom, one of of the stick up at the end of three-quarters of the taking sort, looks capable of holding his end
a mile. His condition is all that can be desired,
and although the German Cup distance may be too far for him, the Valley Stakes ought to be near his reach.
The tendency to make one or two ponies absolute certainties for individual events is so pronounced, that the merits and performances of those not so highly fancied will be specially
referred to bereafter.
February 8th,
All sportsmen and Englishmen in part. lcular will regret the death of the Duke of Westminster. He was beyond question one of the shining lights of the turf, and there are thousands of noble sports who will sadly miss his ever genial presense from the classic heaths of Great Britain. The late Duke started his racing career in the early seventies and was, undoubtedly, one of the best judges of s borse in England. His first purchase, Don caster, cost fourteen thousand pounds, and this horse's name is the first registered in the list of famous sires that have formed part of the Kings | clera stud. Last year's Derby winner, Flying Fer, a horse that has so far been vanquished once only, and that in the early part of his two- year-old "career, is a direct descendant of the fourteen thousand pounder. Like his illus. who confidently expect him to do equally great trious grandsire, be bas bad his name things the week after next. Over short cournes written large on the scroll of boisey fame, he is without doubt the pick of the stable through winning forty thousand pounds during | basket. last season in stakes alone. His racing career for the coming season has unfortunately been White Rose, another old stager, put up a out short, as the death of his late owner voidsmile in two twenty. Mr. Buxey's erstwhile all his existing engagements, and puts him out | crack is not quite himself yet, but he is im of the few thousand pound races for 1900. proving and may be all right on the day.
Despite the fact that the weather yesterday morning was more congenial, the attendance at | the track was not large. The going was in good order and a fair amount of solid work was put through.
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The old ponies Sandstorm and Emerald left a mile and a quarter behind them in two fifty two and a half, the latter finishing in front. Sandstorm is one of the most taking ponies iu the colony, and although a bit above himself is the picture of health. His last year's perform. ances are still fresh in the minds of bis admirers,
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