64
The Attorney General resumed his argu- ment on the point raised by Sir Henry Berkeley -that the court must have angnisance of an engagement given by the Chinese Government that the prisoner should not be placed upon bis trial for any other orime than that for which he has been extradited. The Attorney-General contended that the case of Alios Woodhall, which had been quoted by Sir Henry Berkeley, proved that all the Court needed, according to the judgment of Lord Coleridge, was proof that such a provision did exist in the law of the United States,
The Chief JusticeFrom that point on I quite agree with you.
The Attorney-General-I submit that all Lord Coleridge required was that the provisia existed in the law-he took no cognisance of the arrangement. That is precisely my position here. Do I understand that is your Lordship's
view ?
The Chief Justice-We will have to consider
tha. Will you apply yourself please to the point that the engagement must be given by the Chinese Government at P'eking and not the Viceroy. I think it must be P king.
The Attorney General-The au bority given by a Viceroy would be binding upon Chinese Government
the
The Chief Justice-We must express an opinion. I am very strongly of opinion that it means Peking.
The Attorney-General So far as diplomat c relations are concerned the engagement of a Viceroy would be binding on the Government of bis country.
The Chief Justice-Suppose he passes him over to another Viceroy? What is to prevent the officer who comes from Canton, with an engagement from the Viceroy of Canton, walk- ing the man off to Swatow?
Mr. Justice Wise was of opinion that the engagement should be given by the Chinese Government at Peking. The only other con- tention was that the Ordinance was hidly
drafted.
The Attorney-General-If your Lordships consider the question is one for the executive, the point does not arise ou this motion and is not material.
The Chief Justice said that the Court would express an opinion for the purpose of guidance.
The Attorney-General-For the information of my learned friend, and the interests of his client, I may state that snoh a pledge has already been given for this individaul. But it is not of such a character that I cannot tender it in evidence, even supposing I should call evidence on that point. I have nothing but a copy of a letter of the Chinese authorities to the British consul. But I would ask, assuming your Lordships are against me upon this point. to allow me to tender evidence that such an engagement exists.
The Chief Justice-We are both of opinion that there should be an engagement from Peking in some form or other. No ordinary person has that power in regard to his Gỗ. verment,
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THE HONGKONG WEEKLY PRESS AND
The Chief Justice--All extradition cases are important.
Argument in the case was adjourned to a date to be fixed by the Court.
Monday, January 20th.
IN CRIMINAL JURISDICTION.
[January 25, 1908. Wednesday, Janasty 22nd.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR BIS FRANCIS PI000TT (CHIEF JUSTICE),
ALLEGED CONSPIRACY,
Lam Wing. Hau Kee, Li Hi-shiu and Hop
BEFORE HIS HONOUR SIR FRANCIS PIGGOTT | Wo-long were indicted on scharge of conspir ng
(CHIEF JUSTICE).
MURDER.
Lam Kin, alias M Ho, was indicted on the charge of felonion-ly, wilfully and of her malice aforethought killing and murdering one, Chung Fak, on November 17th. Prisoner pleaded not guilty, and the following jurors
were called:-J. G. W. Hullmann (foreman), A. Ritchie, O. Meyer, M. A. A. Souza, E. Hyndman, R. 8. Judah and H. A. Watson.
fat.
On
to defeat the ends of justice by defrauding the members of the Po Sang Baok. Prisoners pleaded not guilty, and the following jury was empanelled:-A, E Crapnell (foreman), K. | Brandes, A. Jenkins, B. Aagaard, W. T.
Shewan H. Hyndman and F. Heldt
The Attorney-General, Hon. Mr. W. Rees Divies, instructed by Mr. G. E. Morrell (of the Crown Solicitor's offen) prosecuted, and Sir Hanry Berkeley, K.C. instructed by Mr. R. Harding represented the defendants.
ta
000
The Hon. Mr. W. Reos Davies, Attorney.
The Altorrey.General informed the jurora General, instructed by Mr. G. E. Marral (of the
that as they had heard from a very long Crown Solicitor's (ce) appeared for the Crown, indictment the prisoners were before the Court the prisoner being defended by Mr. H. {} on a charge of conspiracy. The four accused Calthrop, who was instructed by Mr. P. 19. were charged with cons iring to defraud the Goldring (of Messra, Golding and Barlow).
Po Sang Bank which was established in The Attorney-General gated that the pri. Hongkong in July of last year. If two or soner was charged with the murder of one, more persons conspired together to defeat or
married The deceased was a Cheung Fok,
defraud any individual or class of individuals man, but had been living with the prisoner for they were in law guilty of conspiracy or The present cave arose five or six years, having separated from his kit con-piring to defraud
out of an action The prisoner, it appeared had a paramı ne
brought by the first named Ng Nin who had now left the Colony, accused in the Bummary Court, a writ being and deceased strongly objected to the relation. Iisaged by him on September 2nd in which
he claimed
to as endorseN
Had Koo ship existing between her and Ng Nin.
from the defendants (the Po Sang Baok) November 16th deceased and his nephew re- tarned home at one o'clock in the afternoon,
m of
amount of principal which was earlier than his neɑal hour. When and internet dae oa a promissory a te; or he reached home be met Ng Nin coming down in the alternative he claimed as assig en for Han Kee the sum of 3500x$ for money lent. stairs, and the latter on weing him, ran away Deceased and his nephew then proceeded upstair< To put it in simple phraseology the first iocused action against a Chinese bank to see the prisoner. A quarrel tock place, and, brought an it appeared that the deceased finally beat the alleging that he was endorses to the holder of a prisoner with an umbrella. All the facts provisory note which had been given by the On the would be spoken to by the nephew. On bink for $700 in favour of Hau Ke November 17th the nephew wont to deceased's ; trisl of that action, the first secued swore that house #gain and found him rolling on his bed the promissory note was endorsed over to him
The send
that be Ilo by Hau in agony and apparently unable to speak rolled from the bed on to the ground, and his handed the bank manager $790, and that
Kare him nephew lifted him up and asked in the presence ; the bank of the prisoner what was the matter with him He was unable to speak, but be pointed to the prischer, then to his mouth and then to x small bowl
Prisoner tried to 100 on the table out of the hose with a box belonging to the
deceased, but his nephew stopped her and questioned her as to what had taken place, but she gave no answer. Later the nephew again found the prissoner tying to run away and to carry off deceased's box, which contained 30. He took her back to the room sad when he got there be found that deomsed was derd A Chinese constable was then placed in charge of the house, and deceased's nephew went and re. ported the occurrence at No Police Station On bis refarn to the boɑse be found that s small bowl had been removed, ba would tell the Court that be previously examined this bowl, which contained a black liquid. He dip The Attorney-General quoted several cases
ped bis finger in this liquid, tasted it, and found in support of his contention that the warrant.
it had a very bitter faste. Next day, on search- on which a prisoner is arrested need noting the house, the nephew found a bundle of describe the alleged offence in particular terms, leaves hidden under some firewood When but in general terms. The warrant was a
the police arrived and searched the premises provisional warrant.
they found a small basin and a cooking pot. they als found the man dead and the woman very ill. She was retaoved to the Government Civil Hospital, where she arrived in a semi-conscious condition, and the doctor would my that the symptoms from which she was suffering were those of regetable poisoning A little girl would be called who would sa she saw her mother put some green leaves into the basin, and pour some liquid into it, which she gare to on | deceased.
She would also say that she mw her mother hide the leaves under the wod where they were found.
Sir Henry Berkeley-Where is the authority The Chief Justice said a provisional war- rant could be issued under the Fugitive Criminals Act, but was there aut ority under the Extradition Ao'?
The Attorney-General-The discrimination is with the Magistrate. He would have to be satisfied before he issued the warrant. It had been decided that a policeman would be
person wbo justified in arresting any reasonable grounds, he might believe committed a felony.
bad
The Chief Justice-But he would bare to show his reasonable grounds Supposing the provisional warrant was issued under the Fugitive Criminals Aot, it would be bad because there was no subsequent one.
The Attorney-General said he would procure an affidavit from the Magistrate. The case was an important one, though it was a matter of absolute indifference to the Government whether the man was in prison or not,
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The jury returned a verdict of guilty, and his Lordship passed sentence of desth
The municipal authorities at Shanghai have recently discovered a small military burial ground against the wall of the native city. It dates from the British occupation of the city in the early sixties, and has now been cleaned up and anclosed.
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An
swore
A promisory note in he slim stated he KAW respect of that.
The third the bank manager chop the nota, scented was called and gave evidence to the effect that he received a note for 810 0 chopped in the same way as the form se one, this he said wan given in resp et of money paid into the bank. He also stated that he saw the bank manager That statement as chop the promissory note. well the inst was denied by the bank The latter would say that he had seen the third prisoner for the first time in the The fourth accused was also Summary Court
maurger,
¦ cal ed, and he gave similar evidence in regard to another note for $ion is respect of money pud into the bank by him, which was ch •ppa by the manager, and which as before, the latter denied, stating that the whole affair in a The banking firm mid this was one forgery gigantic conspiracy to defrand them. Un doubtedly it was a curious came, and there was what we call a great deal of hard swearing in All the the action before Mr. Jusion Wis Attorney General could my in conclusion was that when the jury had heard the evidence, if the preation could sub-taoliste the caso, it diselowed a most barefaced and deliberate conspiracy on the part of these four meo.
The bearing was adjourned
¦
Tuesday, January 21st
IN CRIMINAL JURISDICTION,
BEFORE H Hoxoca 818 FRANCIS
Preet ( ́HIEF JU-TICP)
A FORGED BANK XTK.
Ng Fak, slias Ma Fong, was arraigned on a charge of attering a forged bank note, sad on ascond count of being in unlawful possessiou of a forged bank note. Prisoner pleaded not guilty, and the following jrors worn called: J Lockhead (foreman), R. Sutherland, A. D. E Danielson, B. Asguard, A. Gallaway, J Jakins and Ho Il ming The Attorney General, Hon. Mr. W. Bees Davies, instructed
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