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July 23, 1906.]
SUPREME COURT.
Friday, July 13th.
IN SUMMARY JURISDICTION.
BEFORE Mr. A. G. WISE (POISNE JUDGE).
CONFUSION WORSE CONFOUNDED.
Leung Tak said An King-tsung to recover $500 damages sustained to the plaintiff's cargo boat by reason of the negligent navigation of the defendant's steam launch Lee Shing.
Mr. Hett applied for an adjournment as things were in a muddle.
CHINA OVERLAND TRADE REPORT.
Lam Shun (b) were indicted on charges of, robbery committed at Kowloon city There was a charge against Chu Hing, but the Attorney-General refused to indict him.
The Attorney-Gneral (Sir Henry Berkeley, K.C.) prosecuted, but prisoners, who pleaded not guilty, were undefended.
The following jury were empanelled Messrs. K. N. Mody (foreman), D. Tollan, Robert Stevenson, H. G. Simms, R. Macpherson, John Wells and T. Blair.
The Attorney-General said the prisoners were charged with being members of a gang of armed
robbers who broke into two houses near Kowloon
Mr. J. B. Gardiner of Mr. O. K. Thomson's city at night and after threatening and terrify. office) appeared for the plaintiff, Mr. H. K. Holmes for the defendant, and Mr. F. P. Hetting the inhabitants committed the robberies, stealing clothing and money to the amount of (of Messrs. Brutton and Hett) for a third $150. All the prisoners were arrested within a party.
short time after the occurrence and upon all of them were found articles for the possession of which they could not give a satisfactory account. Those articles were subsequently identified by the people whose houses had been broken into that night. Two of the prisoners were recognis- ed as being with the gang of eleren men who committed the successive robberies of the two houses. The second count on which they were charged was being in possession of property well knowing it to have been stolen,
His Lordship-A lot of cases are in a muddle now.
Mr. Hett-But I am afraid confusion is worse than ever in this, as my client died the other day.
Mr. Gardiner-Then you have no locus standi.
His Lordship-At suy rate I cannot see you,
can I 2:
The ca80 was
adjourned till Friday; his Lordship remarking that he would see whether Mr. Hett would resurrect his man or not.
NEARLY A SQUATTER.
Tsang Sang, administrator of the estate of Tsang Chun deceased, sued Shiu Tungt regain possession of premises known as No. 41, Hok Un Kok, Hunghom.
Mr. Otto Kong Sing appeared for the plaintiff.
Plaintiff said the property was his by interi tance, while defendant's contention was that the plaintiff's father made him a present of it.
The Brst witness, who could not recognise any of the defendants, spoke to being awaken- ød опе night about six weeks ago l'here were robbers in the house. They tied him up, beat him, piled a lot of clothing in the middle of the floor and set fire to it, smashed the orookery and cooking utensils, and decamped with money to the amount of $150 and some of his clothing.
A cousin of the previous witness said the robbers stabbed him in the back.
There being no stolen property found on the first and second defendan's, they were discharged. The third defendant called a woman to give evidence on his behalf He created some amuse-
His Lordship (to plaintiff)--How long is it ment when he asked the interpreter to advise since be paid you any rent?
Plaintiff-Over eight or nine years. His Lordship He must be very nearly a squatter by this time.
After hearing the evidence his Lordship ordered that the house be delivered over to the plaintiff.
Tuesday, July 17th.
JN APPELLATE JURISDICTION.
BEFORE THE Full Court.
A LAND COURT APPEAL. The Attorney-General (instructed by Mr. F. B. L. Bowley, Crown Solicitor), appeared to make formal application for leave to appeal against a finding of the Land Court with reference to Claim S. Survey District No 2 and fu the matter of the New Territories Land Court Ordinance 1900 to 1904.
The respondent, To King, did not appear. The Puisue Judge-I don't think he will ever appear.
The Attorney-General said that was a formal application to their Lordships for leave to adduce evidence on behalf of the Crown against the finding of the Land Court with regard to land in the New Territory claimed by one To King. Their Lordships would observe that the motion asked for permission to adduce further ev dence either orally or by affidavit. This was with a view of giving their Lord. ships evidence of the law of China with regard to the granting of land. He intended to re-state the point decided in the Chung Sha
wan case.
The application was granted.
Thursday, July 19th.
IN CRIMINAL JURISDICTION.
BEFORE SIE FRANCIS PIGGOTT (CHIEF JUSTICE),
The Criminal Sessions for July were opened before the Chief Justice. The calendar con. stained four charges, incriminating nine persons.
ARMED ROBBERY.
Six Chinese named Lam Sze, Lam Yau, Chung Shing, Lam Yat, Lam Shun (s), and
have been swamped had the occupants not eat the rope. Meanwhile the man who had fallen into the water was drowning. After some time the jaak returned to the scene of the collision and the men looked for the deceased. His body was recovered the day afterwards. The whole question was whether the prisoner was guilty of such n-gligence as to render him responsible for the death of that man.
!
After hearing evidence, the jury returned a verdict of not guilty, and the prisoner was acquitted.
AN UNNATURAL FATHER.
Samuel Martin Payne, who described himself as a Portuguese, was charged with a criminal offence committed on his daughter, aged six
years.
The Attorney-General prosecuted.
The following jury were empanelled: Messra, H. Ehmer (foreman). J. E. Greason. C. T. B. Haesloop, H. A. Seth, D. Tollan, T. W. Robertson and F. W. Warre.
After a lengthy hearing prisoner was fonad guilty and sentenced to imprisonment for life.
Friday July 20th.
IN CRIMINAL JURISDICTION.
BEFORE THE CHIEF JUSTICE (SIR FRANCIS PIGGOTT).
The Criminal Sessions were resumed.
GRIEVJUS BODILY HARM.
Leung Lung, charged with wounding with intent to do grievous bodily harm, pleaded not guilty.
The Attorney-General prosecuted.
The following jury were empanelled: Messrs. W. D. Kraft (foreman), E. E. Warren, H. Ehmer, A. Meye, C. T. Haesloop, F. H. J. Baker and H. W. Page.
This was the case in which a fortune-teller was alleged to have attempted to murder his wife or concubine. As the Attorney-General him what questions to pat to the witness. Afterwards he told the woman to tell his Lord stated in opening, the woman's story was that ship something in his favour. She said she she was living in the same house as prisoner. Ou the night in question she was awakened from knew he was a good man and had a wife and a sou. When the witness failed to identify the her sleep by fading the sour catting her jacket which he said was his defendant burstarfat. She managed after a struggle to escape out" What au fool you are. That is my
and run to a neighbouring place for assistance. jacket. The woman thon said "I believe it is
When the police entered the house the man Defendant again ex-
had gone. bjacket" (laughter),
The defendant's story was that claimed "What an old silly woman you are.
he was attacked by the woman and her lover, and Why don't you tell his Lordship that I am not only defended himself. a thief? "
The Attorney-General did not press the charge against the sixth defendaut, who was also discharged.
The jury found the third prisoner not guilty and returned a verdict of guilty against the other two.
His Lordship passed sentence of five years' imprisonment with hard labour.
ALLEGED MANSLAUGHTER.
Young San was arraigned on a charge of manslaughter.
The Attorney-General prosecuted and pri soper was undefended.
The following jury were empanelled: Messrs. F. A. Mackintosh. (foreman), W D. Kraft, James Guy, W. F. Bassford, E. N. Hankey, Charles Crispin and James Lee.
The Attorney-General opened the case for the prosecution. He said that the charge arose ont of an alleged act of carelessness on the part of the prisoner which caused the death of a min named Yuu Shuu, who was one of the crew of a fishing boat at anchor off the east bud of Stonecutter's island on 23rd June. There were three men in the boat. The master was in the stern, another was in the waist and deceased was standing at the bow. While engaged in hauling up the net, they saw a large three-masted junk sailing towards them. Prisoner was steering the junk. There was a man standing on the bow, whether on the lookout or not was not known, and after the collision he disappeared. The people on the boat shouted to those on the junk toke-p off, but no notice was taken, although the witnesses would say they heard the man at the bow call out to the prisoner. The junk kept on its course and struck the fahing boat, toppling the deceased into the water. The junk was towing a small boat and the rope getting fouled the fishing boat would
The woman said her husband was at ́s02. The defendant on the night in question sat on her chest and attempted to out her throat. He asked where her money was, and she pointed to where it lay.
A man to whom the woman went for assist- ance denied that he had any relations with her and denied that the defendant's attack was due to his being jealous of witness.
The jury found prisoner guilty and his Lord. ship passed sentence of two years' imprisonment without hard labour.
ALLEGED ACCEPTANCE OF •
BRIBES.
Rabeem Bux, an Indian watchman in the employ of the Sanitary Board, was charged with accepting $33137 as bribes from contractor of No. , Upper Ratter Street, ou divers dates,
8
The Crown Solicitor, Mr F. B. L. Bowley, prosecuted, and Mr. C. F. Dixon (of Mr. John Hastings' office) appeared for the defendant.
Mr. Bowley stated that the defendant, who was a public servant, was charged with obtain ing bribes on 32 different occasions, the earliest date being October 4th last year, and the latest July 8th this year. Defendant was employed by the Sanitary Department as a watchman on the Peak district, and his principal duties consisted of supervising the work of the and scavenging
conservancy
bon.
contractors. Од October 1st
last year a new sub- W48 engaged by the contractor servancy contractor to undertake the conser. vancy work at the Peak. On that day the sub-contractor went up to the Peak and saw defendant at his quarters. They had a conversa- tion, in the course of which the defendant told the sub-ontractor that the former contractor paid him some money every month, and said
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