March 2, 1908.]
Mr. Bowley said his friend was not quite corre&t in stating that the Full Court had held that the defects in the warrant and the infor- mation could not be cured. He asked his Worship to take the necessary steps to cure those defects in the proceedings. The order of the Governor, he took it, remained in force until it was carried out, and he asked the Court to carry out the Governor's order. It was very unfortunate that the defendant had been de- tained such a time in custody, but acciden's would happen, and the Chief Justice pointed out in Court with regard to extradition proceed ings that, if sufficient time were not taken, they would appear to be conducted with io. decent haste.
His Worship-Even in Bow Street consider. able time is taken with extradition proceedings, I am of opinion that I can make the order.
Mr. Morrell-Then the action must be tried all over again ?
His Worship-Yes, there is no question about
that.
Mr. Morrell-I shall appeal against it. I am entitled to ask your Worship to give judg. ment now.
His Worship-I am of opinion that I am entitled to issue a warrant.
Mr. Morrell-But your Worship heard the case right through, and reserved judgment.
His Worship-That is so, and am of opinion that a prima facie oase has been made ont against the defendant.
Mr. Morrell-Then, if your Worship will convict him, I will know what to do. I will apply for a writ of habeas corpus. Otherwise we will be put to a lot of trouble and delayed again.
Mr. Bowley-Your Worship cannot give judgment on defective proceedings.
Mr. Morrell-Your Worship must give judgment; you heard the case and reserved judgment.
His Worship-Bat prior to my giving judgment I am told the warrant is bad, and the question is whether it can be remedied,
Mr. Morrell Not at this period.
His Worship-Having practically finished the case, can I reopen it?
Mr Bowley-I take it, your Worship, that the proceedings so far have become absolutely void and non-existent. There is nothing before your Worship to give a decision 00. The evidence taken in this Court must be counted as nothing.
Mr. Morrell That cannot be done, my client has been in jail month after month, and now the case is to be reopened. It is hard on him. and he is put to extra expense.
His Worship - If I deliver my judgment al
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Mr. Morrell-Then I can apply for habeas corpus, which I am entitled to.
Mr. Bowley-If your Worship issues a war. rant my friend can still apply for habens corpus.
Mr. Morrell-I cannot go to the higher court until your Worship gives a decision.
His Worship-Between the reserving of my decision and now it has beau held that the proceedings are null and void.
Mr. Morrell-Quite so, but then the decision should never have been reserved, if I may Say so.
His Worship-What do you think of that Mr. Bowley?
Mr. Bowley-As I have already submitted, Four Worship cannot give judgment on proceed ings which are null and void. All you can do ir dismiss that case and act on the Governor's order.
Mr Morre'l-He caunot dismiss it if a prima facie case has been made ont, and your Worship has already held that a prima facie case was made out
Mr. Bowley-I ask your Worship to issue the warrant,
Mr. Morrell I'd ask your Wor hip before you do that to deliver judgment in this case,
His Worship Of course this case is not quite the same as the others,
Mr. Bowley-It is similar to the cases in which your Worship issued warrauts this afternoon.
Mr. Morrell-This was a case in which your Worship reserved judgment until after the decision in In Kai-shing's case, Until I get judgment 1 cannot apply for habeas corpus, and what your Worship has got to give judgment
CHINA OVERLAND TRADE REFORT.
on is whether the evidence shows a prima facie case as alleged.
Mr. Bowley-The decision, I take it, will be that the proceedings are irregular,
Mr. Morrell-Will your Worship take time to consider it ?
His Worship-Can that be done?
Mr. Bowley-If your Worship will issue the
warrant.
135
Mr. J. C. Logan stated that deceased had been living with him for about a fortnight before his death. On the morning of the 4th instant witness accompanied deceased to the office Messrs. Batterfield and Swire. After- wards they boarded a launch and two steamers, subsequently landing at Kowloon. Deceased had been recently appointed captain of the a. Shantung." After landing at Kowloon witness and deceased attended the distribution of prises at the pigeon show at the Kowloon remanded Hotel, and it was there, bo'ween 5 and 5,3) p.m. that witness last saw Captain Mackenzie alive. Deceased was perfectly sober; he had not been drinking that day. He was very quiet, however, and appeared to be daller in spirita than witness had noticed for a long time.
Mr. Morrell-I object to that. Why is he under arrest now?
His Worship- Because he was until to-day.
Mr. Morrell-Your Worship has no power to remund him in police custody.
His Worship-I think, in the circumstances, I am entitled to make the order as I did in the two previous cases. Can you appeal except by habeas corpus?
Mr. Morrell--Not so far as I know; and 1 cannot do that until the case is tried all over
again. It is unfair. Where there is a suspi- cion, the defendant should be given the benefi' of the do bt.
Mr. Bowley-I think there is nothing to prevent my friend applying to the Supreme Court at once for habeas corpus.
Mr Morrell-We have got nothing to appeal against.
Mr Bowl-y It is not the business of this Court to advise on that,
His Worship-I will make the order. Mr Morrell-In the meantime my client can walk out of the dock. I take it, and go where he likes.
There was now a little delay in the preparing of the warrant, and Mr. Morrell roni u kad—I don't know whether there is any reason why my client should wait, your Worship?
His Worship id uot reply, but smiled broadly.
When the warrant was prepared his Worship directed Inspector Hanson to exente it, and when this had been done, Mr. Bowley informed the Court that the charge against the prisoner was the commission of the crime of armed robbery at Kwai Long in the district of Kwok Lo, Walchow Prefecture, Kwongtung, on May 9th, 1906.
Defendant pleaded not guilty, the Goraruor's order was put in as ao exhibit, and Chief Detective Inspector Hanson deposed to arrest. ing the defendant in the precincts of the Court hy virtue of the warrint and order.
Mr. Morrell-When you arrested the prisoner he was already in police custody? - Yes
The further hearing wis remanded for week.
CAPTAIN MACKENZIE'S DEATH.
At the Magistracy Ou February 21st before Mr. H. H. J. Gompertz, sitting as coroner, and Messrs. C. Roberts, H. E. Haynes and R. Dickson. jurats an inquiry was held iuto the circumstances connected with the dusth of Captain James Mackenzie.
The first witness was Dr. Macfarla e, who testified to making a pestmortem examination of the body of deceased. Death was due to asphyxia, caused by drowning. Dece sed was fully dresse, bat his boots and hat were miss. ing. In the opinion of witness, death had not occurred more than twelve hours before he saw the body.
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Constable Aslett of the Dookyard police said the coxswain of the "Polar Star called his attention to the fact that the body of An Europeau was under the Navalyard jetty. Witness saw that the body was caught on the stays of the jetty, and immediately reported the matter to the police. He also drew his ser- geant's attenting to the fse that there was a pocket book floating a few feet away from the body. A boat was procured, and the pocket book was picked up. When the body was
removed from the water witness noticed that the man had no boots on, and that both his eyes were bruised.
In rply to Mr. G mperts, Inspector Kerr stated that the boots had not been found,
Replying to a juror, witaass stated that decens d might have
down come
from Macdonnell Rod and fallen into the water, There was no railing.
Dr. Macfarlane, recalled, said the dissoloar. ation of the eyes was due to asphyxis. They were not black as the result of a blow.
In reply to Mr. Gomperts witness said he understood that the captain of the “Shantung " had advanced deceased $50, and that $1 had been paid to him on the same day by another person.
James Logan, a foreman boiler maker at the Kowloon Docks, ssid he knew deceased wall, and last w him alive on the afternoon of the 4th instant. Witness asked him to stay and dine with him at the Kowloon Hotel that day, but he refused, stating that he wanted to pat his things on board. He also declined to have a drink. Dosssed, who was a very quiet man, was perfectly sober when witnes lest saw him.
Police Sergeant Caygill deposed to examin ing the body of deceased for marks of violence. He found one wound over the left eye, bat did not think it was a mark of violence. Witnes found 85.92 in silver and copper coins in decea. sad's right hand trouser pocket.
Captain T. R. Nisol stated that he loaned the deceased 25 on the 4th just the latter telling him at the time that he had very little money.
Questioned by Mr. mperts, Inspector Kerr stated that thorough enquiries had been made, hat neither deceased's boots nor bat could be found.
"fogad drowned.'
The verdict of the jury was
A CANTON STORY.
A story for the accuracy of which our corre spondent cannot vonch, but which he declares is currently believed, is told about the pressat Viceroy. It appears that on Chinese New Year's Eva Viceroy Chang had his for robe and jacket placed in the reception room so that be might wear them on the next day to receive officials and guests calling on him to offer Now Year congratulations. On New Year's day,
when he looked for them the valuable fors
were missing. Instructions were immediately talephoned to all the police stations to sourch for the missing articles. It was not until ■ few days ago that a detective discovered the articles pledged for $400 in a pawn shop near the East Gate. It is said that a deputy of oa of the stations paid the money out of his owa pocket to redeem the furs and returned them to the Viceroy. The culprit was arrested shortly after the recovery of the stolen goods, and he turned out to be a servant who was recently discharged from a celebrated restaurant in the Walled City renowned for its pastry. The place has always been pstroniad by the officials whenever they give complimentary banquets to their superiors, a custom, by the way, well established in China. The discharged servant is a man exceptionally smart, and well versed in mandarin etiquette. He was usually sent to arrange banquets in the yameas; that is how he knew all the ins and outs there. On New Year's Eve he dressed him elf like a m sadaria and strolled right into the Viceroy's reception room where he found a pile of nice far clothes ly- ng on a chair. Seeing that nobody was there, he immediately divested himself of bis own clothes, hid them underneath a large opium consh, donned the Viceregal furs, and calmly walked out of the Yamen right under the nose of the Viceroy's body guards. It is said he confessed this and added that he had spent part of the money in payment of debts and dropped the rest in a fantan house. He is now detalned in prison pending instructions for the proper punishment to be meted out to him for the daring aot.
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