October 31, 1908.]
put everything before the jury, and regret the fact that the prisoner has not got counsel.
His Lordship-Therefore it is my duty to point out technicalities. The understand that violation of the Ordinance is jury must only a step towards proving negligence.
The Attorney-General-Supposing the Ordin- anoe did not exist, it would be my duty to submit that if the wall was constructed in s grossly negligent manner, as the prosecution say it is, this man would be guilty of manslaughter. At the time of the typhoon the wall was only five years old, and according to the evidence of witnesses for the Building Authority, the mor- tar ought to have been at its maximam strength. It had had plenty of time to set, but not enough time to deteriorate. With reference to the position of the Building Authority, under the Ordinance of 1889 the Surveyor General, who is now the Building Authority or Director of Public Works, is empowered to enter, inspect and survey, every building or work during its progress, and to stop the work until any con travention of the Ordinance has been rectified. At the time of the construction of these build. ings the building staff was very much under- manned, and undoubtedly there was not the same machinery for inspection of buildings as exists at the present time. Mr. Haggard, who at that time was employed under Mr Tooker, stated that he did not inspect these buildings until after the 23rd May, 1903, when he received a formal request from the owner to inspect the houses and issue a certificate. He made an inspection of the buildings, which were then completed. At that time he was not permitted to cut into a wall, so that his inspection was necessarily superficial, and it was almost im- possible for him to detect flaws in the construo tion of the wall.
His Lordship As I read the section, the duty is imposed on the Surveyor-General's depart- ment to enter and inspect the progress of the work. I supposed, as you had opened this case of gross negligence, that this insufficiency of mortar would have been discovered, but it could not be, as you now say, because there was a superficial inspection after construction, owing to an insufficient staff in the Public Works Department to carry out the duties laid on it by the Building Ordinance.
The Attorney-General-The jury may be possessed of all the facts I know on the subject. But I submit that any want of duty on the part of Government officials does not exempt contractor of the buildings from negligence in the primary duty that is placed his upon him,
the
His Lordship-It makes it all the more necessary to prove gross negligence.
The Attorney-General-I am perfectly aware of that. And I know it very naturally would be urged that it is the duty of the Building Authority to discover whether the work bad been neglected and, if it had, to refuse to issu * certificate.
His Lordship-That inspection could only be superficial, because it was not made until the work was completed.
The Attorney-General-The neglect of the Building Authority would not excuse even the primary duty that is placed upon the contractor by the Ordinance, and apart from that, in his ordinary capacity as a builder. Considerable changes have since been made both with regard to the construction of buildings and their
inspection by the Government. No building
080
now be passed as habitable unless an authorised architect has certified that the
CHINA OVERLAND TRADE BEPORT.
ter in which the Court would be justified in | sentencing him to penal servitude for life. In cases of gross negligence the Court frequently imprisonment or a fine. exercises its discretion by imposing a day's
His Lordship-There is no case in which a fine could cover gross negligence.
The Attorney-General-If it is not gross negligence it is not manslaughter. similar nature to that adduped at the Police Evidence was then called which was of a Court.
in chief was questioned by the prisoner :
Mr. H. E. Haggard, after giving his evidence
the buildings during their progress?—That It was the practice to send an officer to inspect
in BO.
If your statement is correct, and the work badly done, why didn't the officer stop the was not in accordance with the plans, or was
the bad work and checked it.— f what you say progress of the work-He should have Been is true, how was it that the officer allowed me to go on using bad materials ?—I cannot say,
After the completion of these houses, did you call and inspect them ?—Yes.
You were satisfied with the work done ?—Yes. And caused a permit to baļķissued ! —Yes. After saying the houses were well bu lt, and were in a sound condition, why do you go against your own word now ?-Because I had not previously seen the inside of the walls.
houses carefully and see that dothing is wrong? Don't you think it is your duty to inspect Why don't you out a wall open and examine it out open walls after a floor by floor?-Because i am not allowed to work is completed. Do you remember about six, years ago a block architect, being completed ? After completion of fourteen houses, of which Mr. Danby was the
the walls were badly built; they were cut open, the Public Works apartment suspected that and after that pulled down and rebuilt. —Í remember those h uses.
the houses in question -Thode houses had big Why didn't you adopt the same method with
cracks in them.
Then in this case you thought the houses failure when I saw them. were strongly built ?-They showed no signs of
His Lordship-In the absence of that Govern. ment order would you have cut open the walls -I most likely should.
oustom to do so,
But would you?-It was previously the
During the progress of this wall didn't one work -I can't asy, of the officers of your department inspect the
His Lordship (to the Attorney-General)-- This man was not erecting the buildings on his own behalf, and he was not the contractor. How are you going to bring the responsibility home the owner to build the houses, and in a friendly According to his evidence he assisted sort of way supervised them.
to him
The
his evidence
Attorney-General-In before the Coroner he practically undertakes the whole responsibility.
His Lordship-We'll adjourn until to-morrow morning. The case is a little posling so far.
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grasped Mrs. Storr by the aboulders: Two of the others seized two of the elder glifc while the fourth man maught hold of a small girl who carried a black band bag-the bag that come tained the money and valuables. Mrs. Storr and her girls screamed for help, but the robbers had secured the booty, and hastily departed in the direction of Yazmați.
A TOUR IN THE PHILIPPINES.
LECTUER BY DE. WILDER,
Dr. A. P. Wilder, the American Consul- Guneral, delivered a very instructive leature meeting of the Union Church Literary the Philippine Islands, last night, at the weekly
Debating Society. In the course of the lecture Dr. Wilder said :—
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These islands are very fertile, and agri- culture is the industry. It is significant that Jars supports twenty eight-million people. Eff olive colonization there has decreased the death rate and organisation has built up families. To develop agriculture in the econo mio desideratam in the Philippines and lately an agricultural bank has been started by the Government, private parties having declined the opportunity. This bank will make loans to natives to encourage farming operations. The word fertilizer is never mentioned in the Philippines, unlike Chias. The Spanish friars did considerable in irrigation and some ex- tensive public works are now under way. The 20th century in learning that water is more effective than fertilis 'r.
dage product. The exports are some twenty Hemp is the chief product of these islands. No other plade produces an equally good oor. millions in gold, the price the United States
Leyte and Samar excel iu hemp; Albay and claim of conquest by the fact of purchase. paid for the islands to Spain, thus fortifying the
Mindaaso one hundred American planters have Sorsogan are favorite spots and in remote
■ Colony in the Davao-District," from which Works The plant cannot be distinguished excellent hemp is coming to the Hongkong R pe from the banana tree by the inexpert. It needs stripped by hand, some 5 or 6 inches wide and shade trees to protect it. When cut down it is
6 feet long. Many machines have been devised to expedite the stripping process, but the Eli Whitney of this industry has not yet appeared. among it and the owner may cut and a›il_his Locasts do not est hemp, nor does fire spread product at any time during the year. oa put has trebled in the last twenty years, and there is no limit. In the Davao District some to settle by the planters, and they solve the thousands of the wild men have been encouraged
labour problem to an extent.
The
fascinating. While the United States boasts of The timber resources of the Philippines are some 600 varieties of trees, the archipelago has over twice that number. Many of them take on a beautiful polish; the hardwood floors of the homes of the well-to-do are beautiful. There woods equal to mahogany and there is a variety of ebony. Many of the woods are so guilty, but expressed the opinion that the Go-hard that literally it is impossible with ordinary The Jury yesterday brought in a verdict of heavy that they sink in water, and some are so
vernment at the time was also much to blame
The Attorney General said he did not prop sa defended, but he would make some remarks on to address the jury as the prisoner was un- the legal aspect of the case.
and recommended prisoner to the leniency of
the Judge on that account.
conditions of the Ordinance have been complied and sentenced prisoner to one day's imprison His Lordship agreed with the Jury's verdiot
with, and cutting into walls with a view to inspecting their construction is now permitted. A contractor, or a man who takes upɔn himself the construction of works, has to see that they are properly carried out,
m nt.
аго
blows to drive a nail in. The round tables six
and even nine feet in diameter, cəmmɔn in Manila, could readily be secured for Hodgkong.
Woods." There are some 30 saw milla in the Of course the bamboo and rattan are common. The molava is well called “Queen of the islands, but lack of labour, transportation difficulties and possibly unwise restrictions explain why thus far, even Hongkong gets but little timber from these islands. Mindoro,
His Lordship-It seems to me, Mr Attorney, DARING ROBBERY AT KOWLOON. Samar, Palawan and Mindanao are the chief
that the jury might just as well have found a verdict of manslaughter against the Surveyor- General or the Director of Public Works.
The Attorney-General-The jury may add a rider to that affɛot,
sonroes, although half the whole area of the islands is forested. In northern Lason, in Benguet, where a summer resort is being developed, there are pine forests.
A daring robbery was reported to the police on Monday night. Mrs. Stor of the Victoria Home, accompanied by six school girls, set out His Lordship-I mean the Coroner's jury.
Su car is another potentiality, Negros and to walk from Yaumati to the Victoria Home The Attorney-General continued-There is
Panay, the Ilolio District are a chief source of Their course was along the Kowloon Road, and supply. Mr. Talt is not enthusiastic over this no crime that varies in degree like manslaugh- it would appear that four natives, who learned industry because it does not develop the people ter. The question of punishment in these
that Mrs. Storr carried a sum of money, follow-like som› others. It is a curious fact that in osses is purely one for the Court. A man may
ed them. When near Ma Tau Wai village the largest sugar distriots in Cuba the nati be guilty of a most serious case of manslaugh. the robbers overtook them. One of the men are least prosperous. Great capital is needeć
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