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THE HONGKONG WEEKLY PRESS AND
nothing wrong with the parools until called, with the number of stamps lost. In conclusion before Mr. Messer.
Cross-examined-The mail on March 19th was not heavier than any other English mail Witness was not very busy in the Post Office except on the day of closing of the English parcel mail. Sometimes he chopped stamps after giving a receipt, but sometimes he did not do so until the mail was closing. Usually he chopped stamps after giving receipts. On the parcel (produced) there was a stamp, but there was no sign of a chop having been on the stamp. The two stamps witness bought he paid for. He bought them at the end of last month. The backs were probably dirtied through being in his waistcoat pocket. He was not a stamp collector, but many of the employees in the Post Office bought stamps to keep. The clean dollar stamp and the fifty cents stamp which witness picked up he held because he did not know what to do with them. Defendant was a fourth rate clerk and received $64 a month. When arrested he had $3-$4 în silver in his pocket. He did not usually spend all his money by the 19th of the month. When told to make up the deficiency in stamps he got the stamps from a Post Office Shroff. He did not pay him at the time because he had no Hongkong money. The amount had not been paid since.
Re-examined-Witness had not seen any regulations posted up informing employees what to do with stamps they picked up.
Detective Sergeant Watt, recalled, stated the money in defendant's possession appeared to be Hongkong dollars and half dollars.
After the hearing of further evidence the case was adjourned.
The hearing of the charge against William Nuttall, an ex-Post Office employee, of fraudu. lently removing stamps from parcels in the Post Office, was continued before Mr. J. H. Kemp at the 'Magistracy on the 1st inst.
Mr. F. B. L. Bowley, Crown Solicitor, pro- secuted, and Mr. P. W. Goldring appeared for the defendant.
The Father of the defendant was called, and spoke to defendant being well be haved. He always gave his wages to his mother, only keeping overtime which he occasionally earned Witness was not aware that his son borrowed money from Indian money lenders.
Mrs. Nuttall, mother of the defendant, told the Court that on the day her son was arrested he gave her some twenty cent pieces and two florins.
}
This concluded the evidence for the defence. Mr. J. C. Castello was recalled on the appli- cation of Mr. Bowley. He stated that the defendant signed one of the two promissory notes he made as security for witness. Defen- dant was not told by witness to sign the second promissory note.
*
Mr. Goldring submitted that the prosecution had not disclosed any case against the defendant on the evidence. On the evidence of Mr. Martin and Mr. Messer he submitted that the case was in defendant's favour. Why should the defendant if he was guilty have not removed the whole of the stamps from any parcel. If he was under a cloud why should he have returned to the Post Office after tiffin, and why should be have allowed himself to be so easily found by the police. One of the exhibits put in showed that defendant was nothing more then a foolish and careless boy. It was perfectly clear that on the day in question the Parcels Branch was in an extremely congested condition, and other people had admittance to that branch on that day. Sixty per cent of the clerks in in the Post Office were Portuguese; in fact it was the happy hunting ground of the Portuguese. There was a quarrel between Britto and the defendant. What was more natural than that they should decide to "fix him" Mr. Goldring did not think too much weight should be given to their evidence. Again, a witness whom he had to suppoena was a convert to Christianity, and should be worthy of credence, but the speaker suggested to his Worship that in some cases the Chinese convert was the least worthy of oredence of all the Chinese. This man's evidence was very contradictory. It was clearly explained that defendant was in the habit of buying stamps for his father. The number of stamps found on him did not in any way tally
of
Mr. Goldring pointed out that the whole of the defendant's career would be ruined by a conviction. It was simply a case suspicion, and he asked that the defendant should receive the benefit of every doubt and be discharged.
His Worship said the defence had been put as well as it could have been but the defendant would be convicted and sentenced to six months' hard labour.
Mr. Goldring-Would your Worship consider the First Offenders Act P
His Worship-I can't.
[April 3, 1909
LOCAL SPORT.
BUFFS REGIMENTAL SPORTS,
On Wednesday afternoon the second battalion. of the Buffs held their regimental sports on the ground of the Kowloon Cricket Club, which was. kindly placed at their disposal for the day, the A.A.A. track being used for the running events The band of the regiment, under the baton ofs Bandmaster Hewitt, played an appropriate selection of music during the afternoon. There was an exceptionally large attendance, special Mr. Goldring-I think you can, in considera-quarters being provided for the officers and their tion of his youth and the circumstances.
friends and for the married soldiers, their wives and families. Seeing that it was the regimental sports, however, it was scarcely fair to Tommy Atkins to give him a back seat on the distant hillside. A more advantageous position should have been found for the men of the Buffs nearer to the sports arena. On all sides of the groung the hillside was crowned with men, the gaudy turbans of the Indian soldiery blending with the uniforms of different regiments. There was a large sports programine, notwithstanding the fact that many of the events had been decid- ed on previous days, and most of the competi tions brought forth a large number of com- petitors. The committee managing the sports did their work well, giving every satisfaction to competitors and carrying through the large pro- gramme to time. The running events proved interesting, but Lance-Corporal Andrews, the local deerfoot, was again to the fore, and easily
Mr. Bowley-In view of the serious nature of the offence, and the importance of pro- tecting the Post Office, I cannot consent to your Worship adopting the suggestion of my friend and releasing the defendant on prob- ation. But in view of his youth and history, and seeing that he is a Hongkong boy whose parents are well known here, I think your Wor- ship might be lenient and give a less sentence than the maximum penalty.
t
Mr. Goldring-It seems to me that this is one of the very cases for which that. Ordinance was passed. I cannot appeal to your Worship too strongly as to how a conviction will affect his parents and the defendant.
His Worship-I see that myself. Mr. Goldring-If released he will be under the eye of the police, and I think he has been sufficiently punished. I submit this is one of the cases which the Ordinance I mentioned meets.
His Worship-The smallest sentence I can impose is three months' hard labour.
THE HONGKONG PERJURY CASE.
COMMITTAL ORDER RESCINDED.
This week's mail brought a report of the judgment given by the Judicial Committee in the case of the seven Chinamen who appealed to the King in Council from an order made by the Chief Justice of Hongkong (Sir Francis Piggott), committing them to prison for three months for contempt of court and perjury, contrary to an ordinance of the Colony. They were witnesses in a bankruptcy suit, in which the question at issue was whether one, Woag Ka Chuen, was a partner in the debtor firm or not. They gave evidence that he was. The jury found that he was not. After the verdict the Chief Justice called the appellants before him and addressed them through an interpreter in the following terms:
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The witnesses have, to my mind been guilty of the most flagrant conspiracy to defraud the alleged partner. They have each one been guilty of the most corrupt perjury, and in virtue of the provisions of the law which em- powers me to deal at once with such cases, I commit each of them to prison for three months without hard labour."
The
That order was subsequently confirmed by the Chief Justice himself and Mr. Justice, Wise sitting in the Supreme Court. appellants, after serving ten days' imprisonment, were released on bail pending this appeal.
Lord Collins, in giving their lordships' judg ment, said that while they thought the language used by the Chief Justice was sufficiently specific to make the appellants aware of the charge made against them, they considered the Chief Justice should before sentencing them have given them an opportunity of adducing reasons against summary measures being takenļ The giving of such an opportunity was essential in cases of committal for contempt of court which was a criminal offence and a fortiori in a case of perjury. Their lordships would advise his Majesty to reverse the judgments of the Supreme Court and Chief Justice Piggott and to rescind the committal order. There would be no order as to costs.
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won most of the races for which he entered. The final tug-of-war saw H. Co. victorious after a short pull, and then two Indian teams were. allowed to try their skill, and it is safe to say that it is long since such a pull was seen in the Colony. The teams were C. Co. of the H.K.S.B.R.G.A. and No. 2 Co., the former being Mahommedans and the latter Sikhs. C. Co. won after a pull of eight minutes, by which time a number of the men on each side fell to the ground exhausted, and had to be resuscitated by their comrades.
INTERPORT SPORT,
F
We understand that the Swatow sportsmen are practising hard to give the visiting team. from Hongkong good games at football and cricket and possibly also at tennis. Mr. H. Donaldson, the captain of the Swatow football eleven, is in Hongkong at present, and when seen by our representative as to the prospects of the Easter meeting between the interport teams, modestly expressed the opinion that Swatow would be satisfied if they managed to secure a draw at football, while they hoped to do well at cricket, especially as the Swatow con. tingent includes three ustralian oricketers who are quite in their element when they are in flannels. In fact they are the mainstay of the team. The visitors may also anticipate
some keen rubbers at tennis. The men from Hongkong may rely upon having a good time at the hands of their Swatow hosts.
THE PHILIPPINE POLL TAX.
TOURISTS TO BE EXEMPT.
The odious head tax imposed upon tourists visiting the Philippines, since February 20, 1907, las, says the Cablenews, been abolished by Acting Collector McCoy, who on March 25th issued an immigration circular under the provisions of which the payment of that tax levied upon all aliens entering the Philippines will be guaranteed by the vessels upon which they arrive.
In the future, travellers or tourists arriving in the Islands in transit to another foreign port, or with the intention of leaving within sixty days after arrival, will not be considered as aliens within the meaning of the act of congress prescribing the tax and will be exempt from the actual payment of the same, upon the steamship agents filling suitable bond to guarantee such payment in cases where the tourist overstays the limit of sixty days. The privileges of the The case was argued before Lord Atkinson, new circular are to extend to all travellers hold. Lord Collins, tir Andrew Scoble, and Siring return trip tickets with stop-over privileges, Arthur Wilson,
who depart from the Islands within sixty days.
Mr. E. H. Sharp, K.C. (Hongkong), and Mr Macklin (instructed by Messrs. Langlois and Co.) appeared for the appellants.
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