278
in
THE HONGKONG WEEKLY PRESS AND
jury would have no doubt at all when they Mr. Alabaster quoted from the judg heard the evidence. With coolness and im- ment, "Apparently the second remand pudence the robbers brought the junk into the was
order that another warrant harbour, with the crew in the hold, and shipped should be served on this man. I think there the goods to Macao and Wuchow. The first is a tendency to complaisance in administer- prisoner admitted shipping the goods, but saiding the law of extradition." Counsel thought he was only a broker in the transaction. The that sentence might be taken out without Attorney-General asked the jury to investigate altering the sense in any way. The other the case with great care, because it was a very warrant was ready. serious matter indeed that an offence such as this could have been committed here. He was sure that hardly a person in the room would believe that such a thing could have happened in these days, and in our waters. It appeared to be incredible. He asked the jury to in- vestigate the case thoroughly, so that if the prisoners were guilty they would not escape, while, at the same time, if they were innocent, they would be allowed to go free.
After evidence had been called the hearing was adjourned.
Friday, 24th September.
Mr. Potter, in opening the defence for the first defendant, submitted that there was no evidence of robbery. Even according to the evidence for the prosecution, the first defendant was in Hongkong at the date and time when the robbery was committed at Cheungchau. There was no evidence of accessory before the fact, as active encouragement must be proved. Neither was there evidence of receiving unless guilty knowledge was proved by the prosecution, and this had not been done. Counsel then commented generally on the open manner in which the first defendant carried through the transaction, and on the lack of evidence of guilty knowledge.
After hearing the evidence of the prisoners, the addresses of Counsel, and the direction of His Lordship, the jury found the first prisoner The second man not guilty on all changes. was found guilty of receiving stolen goods, and His Lordship sentenced him to two years' im- prisonment with hard labour.
IN ORIGINAL JURISDICTION.
THE
HABKUS CORPUS
CASE.
Referring to the case in which he had given judgment yesterday, His Lordship said the same order as to costs would be made as in the last
case.
Sir Henry Berkeley-I am instructed to state that the Crown have had no notice of the application. Will you permit it to be argued?
His Lordship-It was precisely the sume order as in the last habeus corpus case.
Mr. Potter-The prisoner was charged on the 3rd June.
His Lordship-I cannot go into details. Sir Henry Berkeley-I submit you should not make an order without the Attorney-General being heard.
His Lordship-I have no objection.
Sir Henry Berkeley-Will you fix a date ? His Lordship-The whole point was gone into very fully.
Sir Henry Berkeley-I am instructed to ask that the Crown will have an opportunity of being heard.
His Lordship- Better do it to-day. Sir Henry Berkeley--To-day? His Lordship Yes. There is really
nothing-
Sir Henry Berkeley-I don't know. I am only instructed to make the application to be
heard.
His Lordship-I think the same order should be made as in the last case. If you wish to
move-
Sir Henry Berkeley-The Attorney-General will move.
His Lordship said the application could be heard that day.
His Lordship said it was not reported ready. He was sorry if the Magistrate felt hurt, but these slips would occur. As he understood the case the Crown Solicitor wrote and said the prisoner would be discharged next week. He was not discharged, but was remanded.
Mr. Alabaster said it was stated in Mr. Denoys' affidavit that the other warrant was ready and could have been served.
His Lordship-Why wasn't it?
Mr. labaster understood that it was to prevent witnesses in the second case from seeing the prisoner.
His Lordship said what he meant to say was, as he undertood the case when it was argued, that the remand was ordered because the other case was not ready to go on.
Mr. Potter said if his Lordship intended to hear argument he would ask for an adjournment, as he knew neither the law nor the facts in the
case.
His Lordship said the point was that the prisoner really got off on a technical ground. He could have been arrested then and there if the warrant could have been served.
Further argument will be heard in Chambers next week.
IN SUMMARY JURISDICTION,
BEFORE HIS HONOUR MR. H. H. J. GUMPERTZ (PUISNE JUDGE).
COLONIAL TREASURY CLAIMS.
Actions for the recovery of Crown rent were brought by the Colonial Treasurer against the following for the amount specified: Si. Sau Mui, $55.44; Wong Tai Po, $18 36 Wong Lau Po and others, $42.84; Wong Fuk Nin and U Kun Wa, $25.50; Wong Mui Sam, $46.92 and Tang Kam Chi, $40.80.-
In each claim judgment was entered for plaintiff.
ALLEGED WRONGFUL DISMISSAL.
[September 27, 1939.
served up about six in the evening in lieu of dinner was a legitimate source of continual grumbling. The P. & O. have done well in meeting and redressing this long-standing grievance. It is not exactly a case of self. interest with them, for if they are going to make the second-class passenger so happy ánd comfortable, where are they going to get their first-class
? The answer is that the passengers rival liners have not ceased to get first-class passengers and by the removal of this grievance, the P. & O. can reasonably expect to benefit in the long run.
THE PAN-ANGLICAN THANK- OFFERING.
THE DISTRIBUTION OF THE £35,000 ALLOTED TO CHINA.
The committee have resolved to appropriate the greater portion of this sum for the creation and strengthening of educational forces in important strategic centres. Four of these have
been chosen :---
(a)
(b)
(c)
=
An Anglican hostel in connection with the educational college at Chentu, in the regions in which Bishop Cassels has his jurisdiction. £5,000
college, or hostel, for higher educa- tion in the province of Fukien
A hostel, in connection with the educa-
5,000
tional college at Hankow in the jurisdiction of Bishop Roots. A 5,000 (d) A college for higher education in Pe- king, in the jurisdiction of Bishop Scott
(c). A college, or hostel, for higher educa- tion in Canton, in the jurisdiction of the Kishop of Victoria (f) In the diocese of Chekiang
for divinity school
5,000
... 3,000
1,000
1,000
(y) For the promotion of Christian litera- ture under the control of the Bishops in China
The following sums are awarded for educa- tional work generally, with the special hope that the demands of women's work will be remembered :—
(h) In the diocese of Chekiang
(2)
(k)
(7)
A case was mentioned in which Captain W│| (m) Cooper claimed from the Sze Yap Steamship! (n) Co. the sum of :858.33 as damages for wrong- ful dismissal.
The hearing was fixed for Friday next.
SHIPPING NOTES,
The Tenyo-maru on her last trip north from Hongkong reported by wireless telegraphy that the South American liner Asia was lying off Hongkong owing to a strike among her engineers.
the American liners, the O.S.K. steamer Tacoma In spite of the depression prevailing among maru, which arrived at Yokohama last week on her first homeward voyage, carried 915 tons of cargo, of which 371 tons were landed here. She had on board one cabin and 29 steerage passengers.
After having discharged 10,500 bales of hemp and a shipment of silk valued at P 150,000, the British steamer Oceano of the Weir line is on her way to Manila from Tacoma, Wash., with a cargo of 2,800,000 feet of lumber. Before enter- ing Puget Sound Captain Davies slipped on a et deck and sustained a severely sprained ankle.
*
An Indian contemporary commenting on the
8.8. announcement that with the leaving Bombay on the
Arabia Mr. Alabaster, in the afternoon, stated that
October 23rd the proceedings were taken against the Captain luncheon and late dinner shall be served Superintendent of Police, but there was nothing in the second saloon in all the Company's whatever in His Lordship's judgment to steamers, both mail and intermediate, says suggest that there was anything wrong in his This announcement will cause widespread satis action. Counsel was instructed to say that the Magistrate felt rather hurt at what was, he thought, only a slip in the wording of His Lordship's judgment.
His Lordship-There are a great many
slips.
£2,000
Shantung
2,000
Western China
1,000
Fukien
0,000
Honan
-1,000
Huuan
1,000
North China
1,000
Victoria (Hongkong) 1,000
(p)
The result is that of the seven English dioceses three receive £6,000 each-viz., North China, Western China, and Fukien; Victoria (Hongkong) receives £4,000; Chekiang, £3,000; Shantung (which will benefit by the Peking grant), £2,000; Hunan (a new sphere), £1,007; the American diocese of Hankow receives £5,000, as a great strategic centre; and the new Canadian diocese of Honan, £1,000. The re- maining £1,000 is for literature.
AEROPLANES FOR SIAM.
Since the appearance of their advertisement re flying machines the Bangkok Dock Co., Ltd., have had a number of inquiries, including several from Siamese sources.
There seems, however, to be a general disposition to wait for It is someone else to place a definite order. expect d that the first order will quickly be followed by several others. One intending purchaser seriously agreed to buy an aeroplane. on condition that a four-seater was supplied. The answer received was evidently disappoint- ing. Owing to the great demand in Europe, a premium will have to be paid for rapid delivery, but those who will be content to receive their airships within, say, twelve months will not be called upon for any increase in the advertised price.—Bangkok Times.
CHARTERED BANK DIVIDEND. The Manager of the Chartered Bank of fac ion among those passengers who are in the India, Australia and Chin kindly informs as habit of travelling second-class either by that he received from the London Office yes- terday a telegram advising that an interim preference or necessity. The consideration shown to second-class passengers by the Com-dividend has been declared for the past half-year pany has never in any other respect left anything to 30th June, 1909, at 13 per cent. per annum, to be desired, but the strange composite meal free of income tax.
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