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March 23, 1903.]
SUPREME COURT.
Friday, 13th March.
IN SUMMARt JurisdictiON.
BEFORE HIS HONOUR A. G. WISE (PUISKE JUDGE).
120 PER CENT!
Alla Singh, an Indian, claim d from a fellow countryman, Mala Bana, the sum of 230 on a promissory note payable to the bearer.
: The defendant stated in Court that he made
the promissory note, but not to the plaintiff was to another man. He had already paid interest on that promissory note for about three years at the rate of $3 per month (which comes to about 120 per cent).
The plaintiff stated that he bought the pro missory note from an Indian friend and paid for it $30, the amount endorsed upon the note,
His Lordship on heating this gave judgment for the plaintiff for the amount claimed, without costs or interest, and directed that the debt be paid in instalments of $3 per month, reria: king that he would not allow this traffic in promis sory notes, which was becoming rather bad fu the Colopy amongst those Indians.
ACTION AGAINST THE PW.D. -
CHINA OVERLAND TRADE RÉPORT,
Thursday, 19th March.
IN CRIMINAL JurisdictioN.
BEFORE HIS HONOUR Sir Willian M. Goodman (Chief Justice)
CHAKOM AGAINST A GOVERNMENT CLERY.
Yung Lu U, formerly a clerk in the Regis trar-General's office was charged, on eight counts, with having in February last been guilty of receiving a bribe and attempting to
obtain a bribe. He denied the charge.
The following jury was empanelled :-M8 8 G. Richardson, W. F. Ramsey, H. F. Car- michael, R. Daly, W. Pattison, C. B. Thonas and R. Henderson.
Mr. M. W. Slade, barrister-at-law, appeared
for the defence.
The Attorney-General in opening the care said that the charge paraphrased amounted to this, that the defendant stood indi ted with having accepted a bribe of $15 and attempt d to obtain a brib, of $50 to induce him to do that which it was his duty as a public servant not to do, or to omit that which it was his duty to do. Bribery was an offence at corimon law but it was a special offence under Ordinance No. 3 of 1898. The prisoner was a public serraut. He had been in the Registrar General's office. The Registrar General's On the 16th December last his Lordship gave Department had
as part of its duties (he judgment for the plaintiffs in an action in which administration of the Women's and Girls J. Coleman Hughes, his wife Agneta Eliza Protection Ordinance. Everyone in the De- Hughes, and Charles Lena May claimed from William Chatham, Water Authority, and A: II.partment was more or less responsible for the proper administration of that Ordinance, he Hollingsworth, Assistant Water Authority, a
object of which was to prevent childreu being sum of $1,000, being damages sustained by them brought up as prostitutes. Ou 1st November of by reason of the opening and keeping open by last year a woman was brought before the the defendants of a trench in the road at the
Registrar-General on the suspicion that her back of No. 1,,Lower Albany in so negligent a
girl was being 'trained' as a prostitute. The manner as to allow a body of water to ellect Registrar made an order that the girl must not and percolate through the adjoining soil and cause the collapse of a portion of the plaintiff's retaining wall. Mr. . W. Looker of Messrs. Deacon & Hastings, solicitors, appeared for the plaintifs, and Mr. F. B. L. Bowley, Crown Solicitor, for the defendants.
The question of the amount of damages was referred to the Registrar. The Registrar duly investigated the matter and filed his report:
His Lordship gave judgment for the full amount claimed, $1,000, which was the amount found by the Registrar to be due for the damages suffered by the plaintiffs through the act of negligence of the defendants,
The Court afterwards adjourued.
Wednesday, 18th March,
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR SIR WILLIAM M GOODMAN (CHILF JUSTICE).
THE KOWLOON CITY MURDER.
Ip Pang was charged with having ou 1st January murdered his wife and his grandfather at Kowloon City. He pleaded not guilty, and was defended by Mr M. W. ≈lade, barrister- at-law.
The following jury was empanelled : -Messrs. C. M. P. Remedios, G. Richardson, H. Haynes, J. T. M. Wheeley, C. B. Thomas, H. F. Carmichael and C. H. Grace.
The jury to whom the well known story of the crime was told by the witnesses in the case, returned a verdict of guilty.
:
His Lordship tentenced the prisoner to death.
THE DES VOEUX BOAD AFFAIR,
Leung Kwai and Fok Pan were charged with murder, to which they pleaded not guilty, Hou. Dr. Ho Kai appeared in their defence. The evidence, as already reported. was to the effect that a party was being held downstairs at 104, Des Voeux Road. Bome water camo down from the upper flat on to the people who were merry-making below. One of the party, the deceased, went up above to investigate the cause of the downpour. Soon afterwards he was found lying dead in the courtyard outside; the inference of the prosecution was that he was thrown out of the window.
The jury found the accused not guilty and they were discharged,
The Court adjourned.
to trained, and the woman wrs directed to sign a bond and provide a photograph of the girl. Before the photograph was produced, the woman went away to Canton. She refurued to Hongkong about 14th Febenary and lived in a lane off Hollywood Road. Defendant ap- parently heard of her return. He went to her house pretending that he was looking for a certain man, and recognised her. He told the woman that she was going to get into. trouble, that she would be arrested, but if he got some money he would guarantee that the arrest would not. fake place. The woman gave him $15. Next day he came back and told her that $5) would see the affair through. Meantime the heads of the Departm ut had heard abent the matter and as the result of investigations by `a detective, the prisoner was arrested.
After hearing the evidence, the jury returned an uganimons verdict of not guilty.
The Court adjourned.
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THE
POLICE COURT.
"
"KICKUDB?IGHTSHIRE
CASE.
Before Mr. F. Hazeland on the 18th inst. fourteen seamen from the Glasgow sailingship Kickudbrightshire were charged on remand with disol edience of orders and neglect of duty, They were defended by Mr. H. N. Ferrers, who entered a plea of not guilty on their behalf, Mr. J. Hastings appeared for the complainant, the master of the ship, who was present in Court.
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the first week of May, on a time charter. It was therefore of great importance that the ship should get away whilst the no east monsoon lasted, but she was and missed the monsoon. The trouble on board had originated through a man named Hughes, one of the defendants, who was sup- posed to be sick. The capfain came to the conclusion that there was nothing wrong with his health, and instructed the boatswain to fell him to turn to. There was a dispute, and on the following morning Hughes and the rest of the defendants came to the captain and said they declined to do further duty, until the boatswain was tried for some alleged assafilt hö 'bad' committed. It was pointed out to them that the
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ship was under charter and that serious consé. quences would accrne if the defendants persisted in the attitude they had taken up. They ware given half-an-hour to consider their position, and at the end of that time announced their determination to do no work unless the boat- - swain was proceded against. They were told. that this was impossible in a foreign port, bat they remained obdurate. After a time the assist him, but they declined on the ground thất plain applied to the Hongay an horities the ship was British. He then wired to the au horifies here in Hongkong, and was advised to apply to the British consul at Saigon. lle dd so, but got no satisfaction, and then tried the British Consal at Pukhoi, with the same result. After lying in Hongay for about ten or twelve days, and seeing there was nothing else for it, the captain put the crew on board a steamer and came up to Hongkong with them, leaving others of the crow to look after the ship. They arrived here on the 15th inst, and were charged by the captain. His Worship, Mr. Hastings said, would ree what serious consequences had arisen out of the
defendants' action, for which there was absolute- yuo justification. The ship had lost her charter, and bad incurred. others expenses besides. Her tarions other expen es which brought the total daily demnirage was £24 148., and there were "p to about £34. The defendants had a con- siderable sum of money due to them in respect of wages-1150 or thereabouts-and it was intended to ask his Worship to exercise his dis- cretion in regard to the forfeiture of their pay.
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Robert Blance, the master of the ship, waS the first witness called. He said the Kirkel- tered at Port Glasgow, and the defendants brightshic was a sea going British ship regis- were shipped by him in Glasgow on a three years' agrement; they were all on the articles. Six of them were not British subjects, but the remainder were. The ship laft Greenock on 3rd September last bound for Hongay with a cargo of pitch, and arrived at Hongay on 9th February. There the cargo was discharged and 750 tous ballast were taken in, and on 4th - March the ship was nearly ready for sen; it was arranged that she should sail on 6th March. It was of the utmost importance to get away as soon as possible, as the vessel had been ordered to Rangoou on a time charter, and “bad
be ready to load in the first week - of May. Failure to be there on tire mesat the loks of the charter. On 5th March they were lying in Hougay bay, an arm of the sea On the 4th where the tide ebbs and flows. Match he saw a dispute going on between James, one of the defendants, and the boats- wain. An apprentice handed witness a knife, which he threw overboard. Ou the same day Hughes, another of the defendants, who was
sky-larking As a preliminary point Mr. Ferrers suggested the worse for liquor, was
80 Annamite woman, and wit that his Worship had no jurisdiction in the with matter. The alleged offence had been committedness told the boatswain to order Hughes There was another row, bat at the French port of Hongay, where the ship to turn to.
witness did not see it. After breakfast the was now lying,
next day all the defendants came to him and said they refused to dò, duty until the böstäwain was tried, He asked them what the boatswain was to be tried for, and they replied that it was for using Hughes badly. Witness told them it was impossible to try any case there and offered to have the boatswain confined in his room until the ship arrived in Rangoon if they would resume their work. The defendants were given half-an-hour to consider this proposal, and at the end of that time one of them returned and said they declined to work Witness applied. to the Hongay authorities for assistance, but
and he, pr they could not, render
ar applicatio Haiphong with
Mr. Hastings took the opposite view, which was supported by his Worship, who decided to hear evidence.
After reading the section under which the charge was laid, Mr. Hastings proceeded to state the facts of the case for the prosecution. He said the ship left Greenock, near Glasgow, on 3rd September last with a crew of 29, hound for Hongay with a cargo of pitch. The crew was engaged to serve for three years on cortain voyages in certain named latitudes. The ship a rived at Hongay on 9th February and die: charged the cargo, afterwards taking in 750 tons of ballast. She was then got ready for sen to proceed to Rangoon, where she was due in
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