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few who never could and never would be effec
tive: Tese non-effective men who came for- ward originally came forward to set an example to the younger men of the Colony (appl‹use). With reference to the Peak range, he was glad to hear the matter stood as it did. He was sure members of the Association would also be glad, because he and members of the committee were under the impression that it would be dangerous for persons passing along the road to have the long range where suggested.
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Mr. K. SHEWAN stated that as one of the non-effective members to whom Sir Henry Berkeley referred, and as one who never could be effective but tried to do his duty in a humble way in other respects, he had much pleasure in proposing a vote of thanks to His Excellency for attending. Some Governors were a deal too high to mix with mortals like us, but our Governor never wearied of assisting some in- | stitati a like this, for he had the welfare of the community at heart. A great deal of the Association's success was due to Sir Mat thew Nathen, who was a friend in need and a tower of strength to it. He was a very busy and hard-worked man as all knew, and for that reason they should show their appreciation for -his kindness to the Association. Some cynic described patriotism as the last refuge of the scoundrel, but neither His Excellency nor those present would believe in this description.
The speaker then called for a hearty vote of thanks for the Governor, which was accorded, and terminated the meeting.
SUPREME COURT.
IN CRIMINAL JURISDICTION.
Monday, March 18th. '
BEFORE THE CHIEF JUSTICE (SIR FRANCIS PIGGOTT).
The March Criminal Sessions opened this day, when there were four cases for trial, em. bracing six prisoners,
PLEADED GUILTY.
Lo Wai pleaded guilty to cutting and wound ing Chun Wan Kwai with intent to do grievous bodily harm.
he Attorney General explained that the prisoner and the prosecutor were working to gether in Victoria Gaol when without provoca- tion, and owing it seemed to a former quarral, the accused suddenly picked up a chopper and attacked the prosecutor, wounding him so severely on the leg that he would be lame for
life
The Chief Justice- Was there no pro- vocation?
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The Attorney General replied that there was no evidence of any provocation at the time, but witness stated that at the time of the assault prisoner said to the prosecutor "You need not be so saucy because you know a few words of English."
Benteuce of two years' imprisonment with hard labour was passed.
FORGERS.
THE HONGKONG WEEKLY PRESS AND
After evidence had been heard at length, The jury found that the first prisoner was not guilty and he was discharged. They how- ever found the charges proved against the second man but recommended him to mercy on account of his youth. His Honour passed sentence of twelve months' imprisonment.
A DARING THIEF.
Pan Yeung pleaded not guilty to the larceny of 850 in cash and $64 in clothing from 1 Lochiel Terrace, Kowloon, on 1st February.
'T'he Attorney General prosecuted but prisoner was undefended.
Evidence was given to the effect that sccus d visited the house when the inmates, with the exception of a small boy, were absent. Ha caught hold of the boy, tied him to a bed, and enveloped his head in clothing while he proceeded to go through the room, opaning and ransacking boxes. The boy struggled to liberate bimself but was frightened by the threats used by the prisoner who absconded. When the houseboy returned he found the place in disorder and the small boy a prisoner. However, the accused returned to the house some days later but the small boy was afraid to announce there and then that he was the thief. When accused left the house the small boy told what he was and Pan was afterwards arrested.
The jury returned a verdict of not guilty and the prisoner was discharged.
Thursday, 21st March.
IN ORIGINAL JURISDICTION.
BEFORE SIR FRANCIS PIggott (ChirF JUSTICE).
MANY CLAIMANTS.
The case in which the Fat Kee firm and the
Hung Sheung firm ware plaintiff, and the defendants were Chan Wai-chi and the Official Receiver in the bankruptcy of the Kwong Yik Wo aud the Yan On Marine and Fire Insurance Company Ltd, and Chai Kee, again cama before the Court. The Chief Justion at the close of the arguments last week had reserved his decision, but he had invited counsel to attend as he wished to hear further argument.
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The points on which the Chief Justice wished to bear farther argument were : Assum ing the Court to be of opinion that the same principle with regard to prop-rty passing only on the goods being ascertained to be applicable to a contract of pledge as to a contract of sale:
[ March 23, 1907.
IN SUMMARY JURISDICTION.
BEFORE MR. A. G. Wisz (Putan JUDGE).
A DIRECTOR'S POWERS. The Sam Choy Brick Tile and Timber Company of 150 "Queen's R ́ad West, sued the Lan Chu Company, trading as Yi Shum of 353 Queen's Road West, for 81,000, being the balance due by defendants for goods sold sad delivered by the plaintiff, after waiving one dollar in order to bring the claim within the jurisdiction of the Court. Mr. Otto Kong Sing appeared for plaintiffs and Mr. F. X. d'Almadı
e Castro for defendants.
The managing director of the plaintiff firm spoke to the goods having been supplied and to his having been instructed to sue.
His Honour wished to know if a resolution instructing him to sue had been passed by the directors and if so, had it been stamped.
Mr. Otto Kong Sing did not consider that such was necessary, but his Honour adjourned the case for the production of the books and documents.
THE EGYPTIAN DELIGHT" CIGARETTE CASE,
Before Mr. C. D. Malbourne at the Maistracy on March 20th the hearing of the charge preferred against C_H⚫ Kane of
" of the larceny of 10 cases
Egyptima Delight" tobacco, the property of the British. | American Tob÷eco Co., was continued
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Sir Henry Berkeley, K.C., instructed by Mr. M. J. D. Stephens, prosecuted, and 'Messre. G. K. Hall Brutton and J. H. Gardiner (of Messrs. Brutton and Hett) appeared for the defendant.
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Mr. Brutton stated that before addressing. his Worship on the evidence he had an initial objection to take to the form the charge. The first charge Was for that they, the first and second defend. ants, a-metime between October 3rd, 1906, and February 10th, 1907, feloniously did steal 100 cases of "Egyptian Delight" tobacco valued at $750, the property of the British-American Tobacco Co." Mr. Bratton referred his Worship It will be remembered that the claimants to section 3 of Ordinanes 5 of 1865, aud said it sought to recover various sums of money lent had been laid down that a prispaer must be to the plaintiff. the proceeds of sale of four charged with an offence in the technical form amounting to $35,300 and damages.
―did atual, take and carry away. Ta ing and The Hon. Mr. H. E Pollock, K C., inatract-carrying away were antial ingredients of a ed by Mr. Bowley (of Magars Denars and charge of larceny, while the form of the charge Bowley) appeared for Fat Kee and Hoog in the one fore the Court was "did steal Sbung: Sir Henry Berkeley, K.C., instructed
100) can-s." The second point he had to raise by Mr. Halborow, (of Messrs Deacon, Looker
was that the goods stolen should be described and Deacon ) acted for the Yan On Company, with such certainty as
to enable Л jury to who, it was explained, were plaintiff as well as decide that the said goods were stolen. With claimants in the issue; Mr. M. W. Slide
regard to the 100 cases of Egyptian Delight' instructed by Mr. C. D. Wilkinson, re resented
tobacco some of the cass were not numbered, Chan Wai-chi; and Mr. althrop appeared for and there was nothing to specify that those Chai Kee, one of the defendants.
partionla
ar cases were stolen. They might have been 100 empty cases for all that was known, or from what could be gathered from the charge The general rule was that stolen goods were to be described with such c›rtainty as wɔuld enabia a jury to decide that the goods were stolen, A defendant wis entitled at any time to know what he was being tried for. Th› facts had to be sufficiently stted, also the description of the stolen goods, to enable the de- fandaot to answer the charge. The came remarks applied to the four oises of "Three Castle" and one case of ** Pirate" cigarettes. The numbers of the osses should have been *tated with sufficient exsolitude to enable the defendant to meet the charge, The speaker then reviewed the evidence which had been adduced, and remarked that the case was iniquitons inasmuch as witnesses for the prosecution had been kept in jail for seven dare, and then discharged on condition that they should gir» ŵridence. He concluded by asking his Worship to discharge the defendant. Sir Henry Berkeley said the charge under section 80 of the Magia. tenten Ordinance of 189), which stated that a magistrate might deal with เด case and coariot the accused summarily. If his Worship decided to conviut summarily be had to perform the functions of a jury, but if he was of opinion that the caEA) was one which should not be decided summarily, but should go
To Im and Lam Ng were arraigned on three charges of obtaining three boxes of mushrooms from the hip Wab on forged orders; with(1) Does the evidence of the facts connected uttering forged requests, and with demanding a d obtaining goods by virtue of such forged
documents.
Prisoners pleaded not guilty, and the follow. ing jury was empanelled; Messrs. E. N. Tarrant, F. C. Kendall, T. L. Harrison, Q'. J. Sohmidt, E. C. Wilks, Alfred Gregory, F. Lorria.
The Attorney General, in opening the case for the prosecution, stated that on the 25th February the second defendant engaged a street coolie and another man to fetch a case of mush- rooms from the Hip Wah and handed him what purported to be a delivery order on that firm The men took the case to the Hop Tak On wharf, where they were met by both defendants They returned to the shop to get the second case, but by this time the shop fokis had become suspicious and followed the men to the wharf They seized the defendants and took them to the shop and called in the police. On defendan1 wero found other forged order, and the Attorney General would show that the first man had guilty knowledge.
with the inspection, etc., in the godowas, apart from the documents, amount to an ascertainment of the bags of flour pledged? () Do the documents supply the deficiency, if any, in this -vidence? (3) Is the possibility that the same floor may have been pledged hoth to Fat Ken and Heang Sheung und also to the Yan On and possibly also to Madame Musso, consistent with the condition that the flour must be ascer tain-d?
The Chief Justice on taking bis satt mid—I sm sorry to have to call you again but I don't like being influ-nood by a point in the judg. ment which has not been thoroughly thrashed ཀ་ I shall be glad to hear each one. The main point is the question of the double pledge.
Mr. Pollock opened the argument by pointing out that each party was ignorant of the fact that the flour was pledged to som-body else, sod assuming that there was not sufficient four to meet the claims of both plaintiffs both should be tenants in common.
Other counsel followed and the case -- adjourned.
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