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278
THE HONGKONG WŁEKLY PRESS AND
SUPREME COURT.
Monday, 16th October.
IN SUMMARY JURISDICTION.
[October 21, 1905.
He had taken a sampan from Tsimchatsoi and gone to Wanchai Bay where be made fast to a junk. About five o'clock in the morning he saw a fishing boat pass. He followed in his sampan and observed that the boat was joined by three others. He boarded one and seized a man with the object of arresting him. The man
get the nuisance abated; letters had been written to the firms whose servants were offending in the matter and, accompanied by the Sanitary Surveyor, he had paid a number of visits to the place to see what could be done. Everything under their present powers was being done that could be done but, at the same time, he thought the matter should be bought Before Mr. A. G. WISE (PUISNE JUDGE). resisted and struck the detective, and men from before the Board. He thought that if they referred the matter to the Medical Officer of Health and the Sanitary Surveyor to take such steps as they found necessary to abate the nuisance, it would serve as an assurance to the Board that everything possible was being done. Mr. BREWIN-In the report I notice that several inadequate sinks have been placed in the verandahs. Does that mean that they have been placed there since the erection of the building?
The PRESIDENT- Yes.
Mr. BREWIN—And are the occupiers allowed to use those rooms as kitchens?
The PRESIDENT-I don't know that we have any power to prevent it; but they have to comply with the kitchen regulations.
Mr. RUMJAHN wished to draw the Board's attention to paragraph 3 of the Scavenging and Conservancy bye-laws where it was stated that the occupier or landlord should make due provision for the removal of all refuse, waste, etc. He thought the occupier of the whole building was responsible for the throwing of urine into the downpipe and that it was bis duty to cause its removal into dust boats. He took it that if servants threw any excreta matter into downpipes the occupier was responsible.
The PRESIDENT-That is a matter which must be decided by a magistrate. If it were the wish of the Board, the M.O.H. could be instructed to institute a prosecution to see whether the magistrate held Mr. Rumjahn's
view.
Mr. RUMJAHN said offences like the present one were the general practice here. He knew of a case where the occupier of a top floor, had been respeatedly cautioned.
Mr. LAU CHU PAK thought it was unreason. able to proceed against a master for the action of his servant. The master could never find
presence
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out what his servant did, and in his the servant would not do anything of the kind He did not agree with Mr. Rumjahn.
The PRESIDENT quite agreed with Mr. Lau Chu Pak. There were many actions of servants which a tenant could be bardly held responsible for, and this was them. What they could do as a Sanitary Board was to require provision of downpipes and ordinary sanitary arrangements which would render the excreta innocuous if run into such pipes. He moved that the matter be referred to the Medical Officer of Health and the Sanitary Surveyor to take such steps as might be necessary to abate the nuisance.
Mr. LAU CHU PAк seconded and the motion was carried.
EXAMINATION OF BAMPLES.
Mr. Frank Brown, Government Analyst, reported having examined samples of milk, whisky and rum. Of twelve samples of milk only one was found adulterated, while the examination of four samples of whisky and four of rum proved that all were genuine.
LIMEWASHING.
For the fortnight ended 10th October, 4,412 houses were limewashed in the Eastern and 3,765 in the Central district.
BAT RETURN.
For the week ended 7th October 599 rats were caught of which 21 were found to be infected. Of the 672 caught for the week ended 14th October, 18 were infected.
A meeting of sanitary officials was held this week at the Sanitary Board office, under the chairmanship of Dr. Clarke, for the discussion of the Government proposals for the transfer of the Widows and Orphans Pension Fund in con. nection with the civil servants in the Colony The unmarried men feel aggrieved under the present conditions as they contribute equally with the married men, and have no prospec tive return for their payments as in the case of the latter. Various schemes were discussed, among them the propriety of handing the money ever to an insurance company, but the meeting was adjourned for further consideration of the quvetion.
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A QUESTION OF PARTNERSHIP, The case was continued in which Wong Chik Yuen, alias Wong Chi Shi, sued Leung Tsun Tung and another for $1,000, part of a sum of $1,177.06 due for the balance of principal and interest lent by the plaintiff to the Kang Sua firm on the 27th January, 1903.
The sum of $177.06 was waived by the plaintiff in order to bring the action within the summary jurisdiction of the Court.
Mr. R. A. Harding appeared for the plaintiff, and Mr. H. G. Calthrop, instructed by Mr. H. Hursthouse (of Messrs. Dennys and Bowley's office) represented the defendants.
After hearing further evidence his Worship, in delivering judgment, stated that the actions of the defendants led him to believe they must necessarily be partners. Judgment would there. fore be given for the plaintiff with costs.
Tuesday, 17th October.
IN SUMMARY JURISDICTION.
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the other boats joined in the attack upon him. The detective blew his whistle but it was snatched from him and he was thrown into the water. Fortunately he could swim. When he rose to the surface, he says the men in the boats struck him with bamboos and kept him from getting back on to the boat; they threatened to kill his own sampan's crew if they assisted him. 'According to his story he swam about for some time and then dived under the boats which surrounded him. When he came to the surface he was again struck at with poles, and feeling exhausted, drew the revolver with which he was armed and fired, hitting one of the men on the boat. Three of the boats then pulled away, and he climbed on to the fourth, covering the people on board with his weapon. He found on board the prisoner, the man who was shot and ten tons of coal; the prisoner was unable to give a satisfactory account of how he came in possession of the coal. The unfortunate man who was abot, died, and at the inquest the jury returned a verdict of justifiable homicide. The detective was unable to say what part the
jury would have no doubt that he was one of the men engaged in the assault and resistance, and rendered assistance in throwing the constable into the water.
BEFORE Mr. A. G. WISE (PUISNE JUDGE) prisoner actually took in the affair, but the
CLAIM FOR GOODS SUPPLIED.
Tak Cheung Tai, trader, of No. 8 Circular lately trading under the style of the Yan Wo Pathway, sued Tang Tai and Cheung Hop, Cheung, to recover the sum of $48.63, balance due for goods supplied.
and Harding) appeared for the plaintiff, and Mr. R. Harding (of Messrs. Ewens, Harston Mr. R. A. Harding represented the Tung Tai
firm.
Mr. R. Harding stated that all the goods in respect of which the money was claimed were delivered to the Yau Wo Cheung, mentioned in
the writ as having as partners Tang Tai and Cheung Hok. In the middle of the present Chinese year the Yan Wo Cheung closed and the Tung Tai sprang up in its place. It was practically the same firm, and he would prove to bis Lordship through a partner that the Tang Tai took over the business of the Yan Wo Cheung, also its assets and liabilities. He could produce an acknowledgment that the money was owing the Yan Wo Cheung,
On the evidence his Lordship gave judgment for the defendants with costs.
Wednesday, 18th October.
IN CRIMINAL JURISDICTION.
BEFORE MR. A. G. Wise (PUISNE JUDGE).
ATTEMPTED MURDER AND ASSAULT.
Chan Lai, boatman, was indicted on the charges of feloniously attempting to drown Detective Li Kun Fuk, with intent to kill and murder the said detective, and with assaulting the said police officer while in the execution of his duty.
Prisoner pleaded not guilty and the following were empanelled as a jury-M. Manuk (fore. man), J. C. McCorquodale, J. Lysanght, W. E. Claret, C. F. Gray, S. W. Uldall and R. C. Hurley.
After hearing the evidence the jury, without retiring, found the prisoner guilty, and his Lordship sentenced him to nine months' im- prisonment with hard labour.
PERJURY.
himself before the Registrar of the Supreme Li Ping Kwan was charged with perjuring
Court in connection with probate matters.
The prisoner, who was undefended, pleaded
not guilty, and the same jury sat as in the
previous case. :
Evidence was adduced similar to that
published in the Police Court column of the Daily Press,
In summing up, his Lordship reminded the jury that at the last sessions a woman was charged with forging the will in question, and was committed to gaol.
The jury returned a verdict of guilty.
In passing sentence his Lordship said the he had not improved his condition by the way prisoner's defence was very contradictory, and
be made it. If he had followed the example of Li Chu Shi at the last sessions he might now be better for it; his Lordship rather believed now that she was B catspaw, but she go off
light sentence. The prisoner was a man, and insisted in his perjury. He would go to gaol for twelve months' with hard labour.
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A SIMILAR CHARGE. Li Mui Sin was arraigned for a like offence. He pleaded guilty and was also sent to gaol with hard labour for twelve months.
The sessions were then adjourned until to- morrow, when his Honour, the Chief Justice, will resume his seat on the bench.
Thursday, 19th October.
IN CRIMINAL JURISDICTION.
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Sir H. 8. Berkeley. Attorney-General, in- structed by Mr. F. B. L. Bowley, Crown BEFORE SIR F. T. PIGGott (Chief JustICE). Solicitor, prosecuted, and the prisoner was undefended.
In informing his Lordship and the jury of the facts, the Attorney-General said the prisoner was charged on two counts. One was with attempting to drown a police officer, and the other with assaulting him while in the execution of bis duty. At about two o'clock on the morning of the 2nd October the detective was on duty in the barbour in plain clothes with the object of catching, if he could, what might be called coal thieves. A number of men owning small craft, such as the boat owned by the prisoner, called shrimping boats, made it a practice of stealing coal at night. The detective was that morning on the watch for such persons
MANSLAUGHTER.
Wong Hing, Lui Tam, Wong Hong and Lui Sin were arraigned on the indictment of unlawfully killing and slaying one Yau Kam, at Kowloon on the 21st September.
Sir H. 8. Berkeley, Attorney-General, instructed by Mr. F. B. L. Bowley, Crown Solicitor, prosecuted, and Mr. H. G. Calthrop, instructed by Mr. F. P. Hett (of Messrs. Bratton, Hett and Goldring) represented the prisoners.
The plea was not guilty, and the following, jury was empanelled:-A. H. Kinross (foreman), H. E. Craddock, A. Moulder, J. F. Whyte, H. W. Merrill, T. Banks and A. E. Asger. :
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