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probabilities of the case. They had had the advantage of hearing a number of witnesses who told a very different story and a story which he thought, when considered would be found more probable. And they had also the statement of the prisoner himself as to how the killing occurred. As the Attorney General had said, one point in this case about which thare was no dispute was that it was the pri- soner who caused the death of the deceased man by striking him on the head, but what they had to consider was how and under what oir cumstances the prisoner struck the blows. The story of the prosecution was that the prisoner in the presence of five men, four of them alleged to be his friends and one-Allah Ditta-who was clearly not his friend, inflicted murderous blows on a sleeping man. Looking at that by itself | it was a most extraordinary tale. It was hardly conceivable that a man in his senses would go and hammer another man on the head in the presence of five people, all of whom were awake and watching him; no matter if the four meu did advise him to go and strike the man. Had he wished to take vengeance on this man he would take an opportunity when there was no unfriendly eye watching him. Let them compare the story told by the prose cution with the story which they could gather from the tale told by the prisoner himself and the story as brought out by the witnesses for the defence. It appeared from that story that the deceased an inade indecent proposals to the prisoner at a time when there were five or six men in the room, it was true, but when all those fire or six men were on their beds covered up. That was just such a moment that a man filled with lust such as the deceased seemed to have been would have selected to have made the proposal which he was alleged to have made. There was nobody there to hear it or capable of bearing it except the prisoner, to whom he addressed the proposals. The story as told by the defence was that the prisoner rejecte those proposals. It appeared that more or less hard words passed between the prisoner and the deceased man that the deceased man picked up a broom which was lying handy to assault the prisoner; that the prisoner thereupon seized another broom and repelled the assault and hit the deceased over the head with such force and violence that the man subsequently died. No. body saw it; nobody was awake to see it. Nobody knew except the prisoner, according to the story of the defence, exactly what passed between these two mea.
The Attorney-General summed up for the prosecntion.
Bis Lordship, in his address to the jury, said he wished to make some observations with regard to Captain Rowcroft. He did so with some regret, but he thought it his duty to do so. Captain Rowcroft was a wing commander in the regiment in which this No. 4 company and No. 4 section were. It seemed to him that when a private in that section was found to have been killed and was alleged to have been killed by another private in that section the duty of the officers of the regiment was very clear.
THE HONGKONG WEEKLY PRESS AND
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[April 23 1900.
the defens
“As the defendant
this statement. Supposing this man was acquit- averbal agreement bel ted and supposing the non-commissioned officers dant agreed to hand over and men of the regiment were very clear in but he had neglected to do so. their own minds that the prisoner caused the declined tɔ̃ ngree to pay 360 a month for No: 9 the death of the deceased man unlawfully. The plaintiff said he would let him hire the honse inference drawn by the non-commissioned officers for 250 a month on a monthly tenancy. Mr. and men would be that by throwing his weight Blunck went into No. 9 on the first of Septem- in the scale in favour of the prisoner Captain | ber-it was not possible for him to go in before Rowcroft saved the prisoner from the punish- Bince then, instead of paying $50 a month rent ment of his crime. Could there be the defendant had only paid $45. Rather than worse thing for the good order and good make any fuss over the $5 his chient had discipline of the regiment? Then suppos- accepted a smaller rent than that agreed ing Captain Roweroft had conceived a very upon.
the 80th January last the strong idea that the prisoner was guilty, plaintiff |
are the defendant proper legal and had thrown his wight against the notice to quit that was a month's notice— prisoner, in that cane also the feeling would be but the defendant had disregarded the notice unsatisfactory. He did hope that in cases of and still remained on the premises, this kind, and especially in an Asiatic regiraent, officers would be very careful not to take teo active a part on one side or the other.
The jury retired to o consider their verdict at four o'clock in the afternoon.
Mr. Slade said that now the jury had left the court perhaps his Lordship would allow him to state on behalf of Captain Roweroft that his Lordship's observations were made under a misapprehension of the part Captain Rowcraft had taken. He had unfortunately been misunderstood. The part he had taken in this matter was not such as his Lordship seemed
to think.
His Lordship--I have read Captain Row croft's evidence, and I made those observations on that evidence,
Mr. Slade-But unfortunately they entirely misrepresent the position lie has taken.
His Lordship-Then he has mis stated his position.
Mr. blade-His sols endeavour was to endes- vour to ascertain the truth.
His Lordship-I am quite aware that he said that towards the conclusion of his evidence. At the same time I cannot help regretting very much the action he has taken in this matter.
Mr. Slade was about to pursue the matter fur- ther. but his Lordship declined to hear any more. The jury returned sfter an absence of ten minutes and nuanimonsly found the prisoner not guilty of the capital charge, but guilty of manslaughter.
His Lordship, addressing the prisoner, said -Gheba Khan, the jury hare taken a mer viful view of your case, and I am glad they have seen their way to do so. At the same time I am bound to say that I regard it as a very bad case of manslaughter. Though you may have had some provocation, and though you may have acted in some hot blood, yet you acted very wickedly. I think you must undergo a long sentence by way of showing that hainan life is precious and that people must be prevented from taking it recklessly. The sentence upon you is that you be imprisoned for 18 years with bard labour,
April 24th.
IN SUMMARY JURISDICTION.
The plaintiff gave evidence in corroboration of this statement. He added t that after he had given the defendant notice to quit, the defen- dant sent him a letter in which he said, “If you bother me any more with your rubbish F will take you before the Maxistrate. Yon must remember that you are not playing with a Chinaman." He was very angry with this letter and did not answer it, but instructed his solicitors to take action to eject the defendant.
For the defence it was contended that the tenancy for No. 9 was a yearly tenancy, as was the case with Nos. 2 and 14, and the lease for No. 14 was produced, showing that No. 14 had been crossed out and 9 inserted in its place.
Judgment was given for the defendant with costs.
HONGKONG SANITARY BOARD.
The usual fortnightly meeting of the Hong. kong Sanitary Board was held on the 16th inst afternoon. The Hon. R. D. Ormsby presided - and there werealso presen tLient. Col. Ryan, Mr. E. Osborne, Dr. Clark, Dr. Hartigan, Mr. J. McKie, Dr. Lowson, Mr. J. F. Badøley, Mr. Fung Wah Chuen, Mr. Chan A Fook, and Mr. G. A. Woodcock (Secretary).
PLAGUE AND OVERCROWDIYG. It had been arranged that the adjourned dis- cussion on plague and overcrowding should be resumed..
*
Mr. OSBORNE said— The Public Health Or- dinance of 1894, amongst many other wise pro- visions, decrees that every person in this colony shall be allotted in his dwelling a miui- mam surface area of 30 square feet aud minimum breathing, space of c
of 200 cubic feet. So that a cubicle or room measuring 6 feet long by 5 ft, wide aud 13 ft. 6 in. high will legally ac- commodate one human being. The lawmakers who devided this limit cannot be accused of extravagant ideas on the subject of sanitation and as a matter of fact it is below what eminent authorities declare to be necessary
for good health. This law har been in existence for six years and during that period has remained practically a dead letter, for, instend of 30 square feet of surface, and 400 cubic feet of uir, the majority of the poorer classes in Hongkong have nothing approaching that allowance, which means in other words that a large proportion of the dwellings are crowded with many more
2
They had a double duty. They had a duty to the BEFORE HIS HONOUR T. SERCOMBESMITH. persons than is good for them to contain. No
deceased man; they had a duty to the living man; and it appeared to him that that double duty would be best discharged by a fair and impartial line of conduct in the matter-by giving all the assistance to the officers of Justice possible by way of making investiga- tion into the murder, by seeing that the murderer was punished if the crime was fairly brought home, and, on the other hand, taking care that the man cliarged with murder had every facility for defence and had a fair and full trial. It appeared to him quite | clear that the duty of the officers of the regiment was not to throw their weight or influence one way or another. It seemed to him that to do so was indiscreet, and more than in discreet÷+dangerous. Let them bear în mind that in making this observation he did not in- ct on the integrity or ** In reply to croft said that
tend in anYZERS
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APPLICATION POR AN EJECTMENT ORDER,
Tam Ho, a contractor residing at 14, Holly wood Road, was the plaintiff and Fr. Blunck was the defendant. The plaintiff asked that au ejectment order be made as against the defendant in respect of the premises No. 9, Beaconsfield Arcado.
Mr. Has appeared for the plaintiff and Mr. Sharp (instructed by Mr. Ewens) for the defendant.
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wonder then that plague and kindred diseases spread so rapidly, and the mort ility of this city. is so great, for is it reasonable to suppose that people condemned through poverty to live, în fetid dens surrounded by a polluted atmos. phere can hope to battle successfully, against disense? The reason of the Law baying. been allowed to remain inoperativ long is that: the Sanitary Board has nut
force it but
by the Government having pointment of add therefore in a position upon overgrowded if the ma
br
Mr. Hays said his client leased 14 houses in Beaconsfield Arcade from Mr. Belilios. On the 7th July last year two leases were entered into between his client and the defendant. One was for the whole of No and the ground floor of No. 14 in Beaconsfield Arcade, and, the tenancy was for one year. The defendant went into possession on the 17th July, but it was agreed that no rent should be paid until the first of August.” On the 5th our Angi
he defendant went to the plaint ined that the ground floor of N
on his busine
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defendant should have No. 9
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