November 3, 1902.]
CHINA OVERLAND TRADE REPORT.
T. HABT BOCK seconded, and the motion was unanimously agreed to. This was all the business,
dried on the new treaty, and deliberately handing | accordingly ¡roposed the coufirm it.on of the the monopoly on Indian opium to a private Chi-resolution as read nése company? They have almost brought tuis branch of trade to a standstill, but, thanks to the prompt action of our energetic Consul- General, Mr. Scott, it has not altogether been extinguished. May we hope we are not
sold "Yours, etc..
PERPLEXED PARSEE.
THE HONGKONG JOCKEY CLUB.
30th October.
SIR, I have been expecting to see in your columns a report of the nnual General Meeting of th Jockey Club, which was held in the City Hall on Tuesday last, as has been your custom for many years past. I under- stand that a reporter of our paper was present and took down a verbatim report. I yentu e to suggest that the proceedings
of sufficient public interest to warrant your making, at all events, a curtailed report. Yours, etc.,
were
MEMBER.
The meeting of the Jockey Club is private, and though in past years permis-ion has been given for the proceedings to be published cerbati next day, such was not the case this! Fear-ED. DP.]
CHINA BORNEO CO., LD.
An extraordinary general meeting of share holders in the above Company was held at noon on the 27th ult., in the registered offices of the Company, 4, Queen's Buildings, for the purpose of confirming the resolution passed at the extraordinary general meeti gb id on the 11th inst. The Hon. C. S. Sharp (Chairman) pre- sided, and the others present were Me-srs. W. A. Jupp (Acting Manager), G. C. C. Master. T. H. Reid, Hart Back, A. G. Wood J. A. Jupp, J. C. Peter, W. H. Wickham, M. O. A. Baptista, and Leang Shiu Lun.
The notice calling the meeting having been read,
SUPREME COURT,
Friday, 24th October.
IN CRIMINAL JURI DICTION. BEFORE HIS HONOUR W. MEIGH GOODMAN (CHIEF JUSTICE).
THE CAINE ROAD TRAGEDY.
Fung Fuk Kwong was chi gel with buring on 5th September, in Cains Rai, murde e, a màu nam Phu Sam,
Monday, 27th Octover;
IN CRIMINAL JU 18DICTION.
343
BEFORE HIS HON UE W MɛIGH GOODMAN (CHIEF JUSTICE),
THE FIRST STREET HOUSE COLLAPSE.
Cheung Hoar, contractor, was charged with having, on 29th July caus d the death of one Wong Fuk
He pleaded not guilty.
The following jury was empanelled :- Messrs: E. Osborne, R. Mar in, E. W. Mi chell H. W. Robertson, G. H. Medaurst, E. a. Hewett, and J. H. Lewis.
The Crown was rep esented by the Attorney. General (H a. Sir Houry S. Berkele ), instructed by Mr. H. L. Denoys, Acting Crown So icitor; r. E. H. Sh-rp, K.U.. The rod for the prisoner, instructed by Mr. P. W. Goldring,
He pleaded not guilty, and was d fended by Mr.
N. Ferrers, barrist r-at-law, the pro- secution being conducted by the At orney-solicitor. General (Hon. Sir Henry S. Berkeley). iù- stracted by Mr. H. L. Dennys, Acting Crownl Se.icitor.
F. A. C. Hahn. . H. Abbass, J. D. Osmund The following jury was empanelled :—Messrs.
A. G. I. Somerville, R. C. Hurley, H. A. Siebs and C. J. T. Lea.
The Attorney-General, in h ́s opening state- ment, said that on the d te in question the deceased man was working along with othe s on a house in Caine Road. A quirre occurr-d between a workman and a watchman aud the deceased took the latter's part. The workman went away, and came back with a umber of others including the accused, and ass ulted Pan sam, who, as the result of the assault, succumbed.
Evidence was taken. Dr. Huiter described the nature of the deceased's injuri-s and stated that he was suffering at the time of his death from pneumonia and fatty degeueration of the heart
The jury found the prisoner not guilty on the charge of murder, but guilty of manslaughter
His Lordship said he quite coucurred with that finding.
Sentence was deferred.
Saturday, 25tn October.
IN CRIMINAL JURISDICTION. BEFORE HIS H NOUR W. ME Oн
MAN (CHI F JUSTICE).
į
THE CAINE ROAD TRAGEDY.
Fung Fuk Kwong was brought up for sentence.
4
the Attorney-General. in is opening state- ment, said the prisoner was char el with mnslaughter. whiu, as he jury wisrobably aware, was the unlawful taking of the life of another without excuse and withou. taalice. The difference betw en marder aad maaugh- ter was ths, that, whil both were imicide, in the case of manslaughter the element of malice was absent; if malies w present then th killing became marder, Where the case was as here one of omission, the e was some- times a little difficulty, for it was then neces- sary for the Crown to bring home to the party against whom the omission wa charged that he omitted to do that which be was charged with having failed to do. The prisoner was a Chinese contractor. H contracted to pull down and re-erect certain boussin Centre Street and in the course of his work he had to take down the house No. 58, First Street. his was a one-story house built over a narrow line be- tween the backs of the hou es in Centre Street aud, among others, the hous: No. 56. First Street. No. 56 was at that time inhabited by ce tain people. The charge against the prisoner was that he had failed, in taking down these houses in Centre Street, to take such e re and precaution as would render safe the lives of persons inhabiting this house and the houses in the neighbourhood dependent for their support Good-upon the houses that he was pulling down, he bing bound to do suce acts as vouid render the safety of the inhabitants absolutely certain. He was charged with hari g set out the work in such a way as resulted in the ela se of the western wall of the house No. 56 with the re- His Lordship, addressing the prisoner said ultant cons: quence that the second floor kitchen that this affair had originated in a quarrel about | fell down on to the first floor kitchen and buried a basket, the value of which was not more than two men who were in the house at th-tune. One five cents, and out of hat trifling matter a gooiman lost his life; the other fortauately escaped. deal of bad blood seemed to have been aroused between the people engaged in building a house Bext the Italian Corrent in Caine Road and une or two people engaged in building another house on the other side of the road. Because a cook is prevented from taking away this five cent basket, a gang of men was called in by the people in the other house to giv-a beating to the people in the house next the Convent, and in the course of the beating and fighting which ensued a man called Pan Sam was killed. Under certain circu1n- stauces that would have been murder. His Lordship had no doubt that the jury had tiken into their consideration the fact t. at the a tacking gang brought no weapous with them of any kind, not even bambou pols, and there- fore thought that the attacking gang came only to intimidate and not to kill anybody or to do anybody grievous bodily harm. The jury had found that the prisoner was of that gang, and he had been identified by three witnesses. Cader all the circumstances, his Lordship had agreed with the merciful view that the jury took in finding a verdict of manslaughter instead of murder, But those gangs must be taught that they were not to attack people in a law-abi ing place. Taking everything into consideration, he thought the justice of the case would be met by a sentence of five years' hard labour.
The CHAIRMAN, after expressing regret for the absence of Mr. E. Osborne, the other member of the Consulting Committee, who, he understood, had been summoned on a jury, said- Geut men, the business before us to-day is to submit to you for your confirmation the special resolution which was passed at the extraord nary general meeting of the Company held on 11th instant. Should you confirm this resolution. the Consulting Committee will have the necessary powers to enable them to settle, and to proceed with all possible despatch to carry cut, all nece-sary arrangements nd details, etc, connected with the proposed measures. I may here mention for your information that a request has been made by the Borneo Hardwood Co., Ld., that the proposed new company should continue to have the benefit of the services of Messrs. Wheeley and Darby, who have hitherto been the managers of the China Borneo Co.. Ld.. in Hodgkong and Horneo respectively, which is quite in accord with our own ideas on the subject, and since last meeting we have been in communication with these two gentlemen, who agree to continue with the new Company. I will now read the resolution, and before formally submitting the same to the meeting I shall be glad to give, as far as I can, any information auy shareholders may wish to have regarding the subject matter. The resolution is as follows: That it is expedient to effect an amalgamation of this Company with the Borneo Hirdwood Company, Limited, of Number 18, Bishopsgate Street Within, in the City of London, and that with a view thereto the Consulting Committee be authorised to confirm the provisional agreement dated 8th day of August, 192, entered into in London between this Company by Mr. J. M. Wheeley of the one part and the Borneo Hardwood Company, Limited, of the other part, aud submitted to this meeting with such modifications and additions as the Consulting Committee may consider will best serve the interests of this Company and to carry the sam into effect." As I have already said, before formally sub uittat ten o'clock, when the case in which a con- ing the resolution to the meeting I should like to hear any remarks or suggestions that anyone may have to make.
་
There were no remarks, and the CHAIRMAN
one
The Court adjourned until to-day (Monday),
tractor who is charged wita manslaughter in connection with the fatal collapse of a wall in First Street is down for hearing before the Chief Justice and a special jury.
It would be quite easy to prove the prisoner was the contractor. He had admited that he took down these houses in C-atre Ste-t aud the house No. 58, First street; if not now admit- ted, it would be proved that he took down No. 58 and that, as a result, the western wall of No. 56 fell down that was the experts' opinion. It would be shown that be inefficiently performed the duty which the law throw upon him a‹ a con- tractor. It was no excuse to say that son body, believed to be o mpetent, was appointed to do the work. If a contractor undertook to take down a portion of a building or premises and if he knew that in those premises persons were living, it was no excuse for him to cast the performance of that duty upon another and then say he was sorry that other person had not do e exactly wLat he ought to have done. If he neglected to do that duty and as a consequence of his neg. lect death ensued he was liable to be charged with manslaughter. ibe question for the jury to cousider would be, first, whether the prisoner did the duty cast upon him of taking down the houses adjacent to No. 56 in such a way as to en- danger the lives of persons living in it, an 1, second, whether he did his day in such a way as to be guilty of culpable negligence The evidence would, he believed, bring home to the prisoner the knowledge that there were people living in these houses and that the operat on◄ in which he was engaged rendered their position, to say the least of it, hazardous, and that he took no steps to warn them, He was charged with those two acts of negligence: that be did not take sufficient professional means to shore up the wall after taking away the support it had from
No comments yet.
Private notes are available after approval.