March 30, 1901.3
it being about Chinese New Year time the master had been going backwards and forwards to Hongkong collecting money for a shop near Canfon "in" which he was interested called the Yik Cheung. As the men were leaving the shop the master caught sight of them as he was returning. He instantly gave the alarm. He sent a neighbour to the Police Station, and on going into the shop found his accountant and fokis had been bound but had relieved themselves. About two hours later the first and third prisoners were arrested not very far away on the Kowloon Road. A certain amount of money was found upon oue of them. Two days after this the third pri- soner was arrested in a brothel in Yaumati, a certain amount of money being found upon him also. On the same day the three men were placed in a row with others at the Central Police Station and identified by several wit- nesses as being members of the gang who com- mitted the robbery.
The jury unanimously found the prisoners guilty on the first and third counts, the second being withdrawn.
His Lordship sentenced each to seven years with hard labour and 20 strokes with the birch.
IN ORIGINAL JURISDICTION.
BEFORE HIS HONOUR SIR JOHN CARRING- TON, C.M.G. (CHIEF JUSTICE).
H. PRICE AND CO. V. LUM BIN SAKG.
His Lordship heard counsel on the points of law in the original suit. by H. Price and Co, wine merchants, Queen's Road Central, against Lum Sin Sang, residing at Macao, the landlord of the premises occupied by the plaintiffs It will be remembered that a special jury returned a verdict on the facts of the case in favour of the plaintiff.
Mr. H. E. Pollock, K.C. (instructed by Messrs. Johnson, Stokes and Master) appeared again for the plaintiff, and #r. J. J. Francia, K.C. (instructed by Messrs. Mounsey and Brutton) for the defendant.
Thursday, 28th March,
IN APPELLATE JURISDICTION.
BEFORE HIS HONOUR SIR JOHN CARRING- TON, C.M.G. (CHIEF JUSTICE).
AU TO HANG APPELLANT V. WILLI›M BOND RESPONDENT.
1.
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At the Magistracy on the 17th February Au To Hang was fined $100, or two months, for unlawfully infringing the exclusive privilege of the Postmaster-General by conveying letters in the colony otherwise than through the General Post Office on the 17th February at Victoria in this colony." "This deci- sion was appealed against. The appeal was a double one-
-first, a motion that the case might be reheard before the Full Court, on the ground that the conviction of the defendant was against the weight of evidence; and se- cond, appeal on points of law, the substantial question being whether the onus of proving that the letters in question were exempt lay upon the prosecution or upon the defence. Or dinance 24 of 1900 forbids the conveyance of letters in the colony otherwise than by post unless such letters are exempted, the letters which are exempted being specified in section
seven.
Mr. H. E. Pollock, K. C. (instructed by Mr. C. Ewens) appeared for the appellant, and the Attorney-General (instructed by Messrs. Dennys and Bowley, Crown Solicitors) for the re- spondent.
CHINA OVERLAND TRADE REPORT.
in his pocket. I arrested him and took him ot the Central Police Station.". On being cross-ex- amined, Bond said “The defendant willingly gave all information at the Station." The only other evidence in the case was the evidence of the third clerk at the Magistracy, who was called to translate, so far as he could, the addresses on the envelopes of the letters which were found on the appellant, and after he had given evi- dence the case for the prosecution at the Police Court was closed. At that stage Mr. Harston, who appeared for the appellant in the Court below, submitted that there was no evidence to go on with. The Magistrate held that the onus lay upon the appellant to prove that he came within some exception recognised by the Ordinanc. He (Mr Pollock), however, laid stress on certain cases in which it was decided that in former days the burden lay upon the prose- ention.
Mr. Pollock said this was an appeal from the decision of Mr. Kemp, Acting Police Magis trate, and was brought upon questions of law as well as of fact. His Lordship would
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After further remarks from Mr. Grist, then retired pending consideration of the matter, the application was unanimously re fused.
The fourth application was by Esther Oliver, for permission to remove her licensed pub- lican's business from Nos. 12 and 19, Queen Victoria Street, to No. 100, Queen's Road Con- tral, under the sign of The - Travellers Hotel." Mr. Grist, for the Heensee, sald the present premises were not so suit those to which it was asked permission remove.
The application was refused on the ground that it was inadvisable to have a public-house facing Queen's Road farther east than the Fire Brigade Station.
FOOTBALL.
vas-on-
The Attorney-General, on the other hand,
SIEGE TRAIN WING THE SHIELD. called attention to the provisions of section 28 The final for the Shield was played on the of the Magistrate's Ordinance of 1890, which 23rd inst., when the 15th Company (Siege Train), provided that exceptions, exemptions, etc., must | S.D., R.G.A., met H Company, R.W.F. The be proved by the defendant and need not bo heavy rain in the earlier part of the day had specified or negatived in the information or softened the ground considerably, and this, be- proved by the prosecution if specified. He sides making it rather difficult to keep the feet pointed out that this provision was the same as was seen during the progress of the game as that in the Summary Jurisdiction Act of--tended to make the ball greasy. The Shield, 1878 and of the Licensing Act of 1872. He carried in a ricksha, was on view previous to further pointed out that the case of Roberts the start of the game, and was much admired. v. Humphries (8 Q.B. reports, page 413), Though the match was not timed to start till decided under the more recent law, over half-past four, both teams were on the ground ruled in effect the decisions quoted by Mr. and stripped by four o'clock, by which time Pollock.
hundreds of spectators lined the ropes. The stand was completely filled, and contained, amongst others. H.E. the Governor (Sir Henry Blake, G.C.M.G.) and, later, H.D. Major. General Gascoigne, C.M.G. The unanimous opinion was that the two best teams had met, and although the Siege Train were strong favourites, a close game was looked for, especially as it was known that the men had been training hard. The players were cheered as they entered the field, all looking in the pink of condition Mr. J. A. Ross officiated as referee, and his call of time saw the following line up-
Siege Train :— Goal Field (captain); Moorhouse and O'Brien; half- backs-Harman, Nicol, and Suttie; forwards Gettings, Cleeve, Phinn, Blair, and Bond.
R.W.F.:-Goal-Johnson; backs Smart.
Stafford, and Edwards; half-backs-Roberts, and Sweete; forwards-Edwards, Gelshön, Shields (captain), Dobbs, and Walters.
His Lordship held that the Magistrate took the right view of the law-that the onus lay on the appellant to bring himself within the exception recognised by the Ordinance. The other points submitted to the Court were also decided in the respondent's favour, the result being that the decision of the magistrate was affirmed and the appeal dis- missed with costs.
APPLICATIONS FOR LICENCES.
MELTING OF JUSTICES OF THE PEACE. A meeting of Justices of the Peace was held in the small court-room at the Magistracy on the 27th inst. to consider four applications in connection with licences for the sale of liquor. Mr. F. A. Hazeland (Afting Magistrate) presided, and there were
Mr. E. W. Mitchell, Mr. J. H. Kom
XC. A. D. Melbourne, and Messrs. H. re and E. J. Grist, solicitors..
The first application considered was one from Rustomjee Cowasjee Bamjee, for permission to remove his licensed publican's business from houses Nos. 148 and 150, Queen's Road Central, to house No. 142, Queen's Road Central, under the sign of the Stag Hotel.”
The licence was unanimously granted on the applicant undertaking to effect the structural alterations required by the Medica Officer of Health.
The second application was that by Isydor Silberman, fr the transfer of hpublican's licence to sell and retail intoxicating liquors on the premises situated at No. 184, Queen's Road Central, under the sign of "The Globe Hotel," to one William Goulburn. Mr. Gedge appeared for the applicant.
The Chairman, speaking with reference to the structural requirements of the place, said ho had been informed that the erection of urinals therein had been delayed until the arrival of cisterns from Europe. He would like Mr. Gedge's assurance that the work would go on when the cisterns arrived.
Mr. Gedge gave the required assurance, and the application was granted.
The third application was from Ernest Pukl mann, for a publican's licence to sell and retail intoxicating liquors on the premises situated at
under the sign of the "Wanchai Hotel."
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Exactly at half-past four, Shields set the ball in motion for the Fusiliers, who faced the west goal. He gave the pass to Gelshon, who sprint- ed, and at the right moment relinquished favour of Edwards, on the outsid in of the wing. A combined dash was then made up the field, but a neat shot for centre was capitally stopped by Moorhouse, who return- ed the ball to mid-field. Stafford recaptured, and gave the Fusiliers' right wing another Going through the same tactics, the chance. ball was eventually sent right across the field and played by Dobbs. O'Brien challenged him, but was forced to concede a corner, which Walters took. The ball was placed rather far out, and in their eagerness to get it up away foul to Fiell, the Fusiliers gavo by an illegal charge. Moorhouse took the kick, and centred. The Siege Train forward- with plenty of room to work, now gave h Fusilier defences something to do. The halves were easily negotiated, but Smart stopped dangerous rush by centreing. Following play in mid field, the Siege Train got a throw-in on their left wing, and again their forwards trackel for goal. Smart once more proved too much, for them, however,
er, and sent them to the right about. Now thoroughly warmed to their the Siege Train continued to press, for the moment effectually turned kick for offside against Gettings. Thi took charge after the ball left Edwar
have was on the depositions that the houses Nos. 177 and 179, Queen's Road East, headed to Phinn. The latter i
appellant a messenger employed by the compradore of the steamship Tai On, and that part of his duties as such messenger was to deliver letters in this colony. At the Magistracy the following evidence was given by P. C. William Bond:******
At
about 7.30 am. on the
17th February, I was on duty in Queen's Road I saw the defendant deliver a letter at No. 2, D'Aguilar Street. He said it came from Canton. He had some other letters up his sleeve and a book
Stanford, and shot just Grist represented the applicant. He him. The ball was a swift one, proceeding to speak with regard to his son, dropping plump into the corn client's character, when the Chairman inter- the scoring being opened five rupted to say that it was not so much question the start. From the centre-kick of character as whether it was desirable to have transferred to Fusilier
public-house in that part of the town. Be pressure was relieved by Rober sides, there
8. Wasa a licensed hotel a matter of who, centred. The Fusiliers. only a hundred and fifty yards away—the Praya | time in covering ground, but
the back of the net. Another fou East Hotel.
tork
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