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Tuesday, 26th October.
IN CRIMINAL JURISDICTION.
BEFORE HIS HONOUR MR. H. H. J. GOMPERTZ (ACTING CHIEF JUSTICE).
MURDER CHARGE FAILS. The case was concluded in which five Chinese were charged with the murder of another Chi- nese on the 15th September within the Colony. The prosecution, which was conducted by the Hon. Mr. Rees Davies, K.C., instructed by Mr. Dennys, alleged that deceased and another man, both of whom belonged to a waiters' guild, were attacked on the day in question by a number of men belonging to a rival guild. The assailants carried various weapons and it was stated that one of them stabbed the deceased on the right side. He went to the hospital, but it was not considered that the wound was serious and he was allowed to leave in order to attend at the Police Court. However two days later his condition became more critical and an operation was deemed necessary, but he died under it. It was ascertained then that perition- itis had set up through the penetration of the
intestines.
When the case for the Crown closed,
Mr. Eldon Potter, who was conducting the defence of all five prisoners, said that he wished the jury to consider whether there was any evidence against the prisoners. If the jury were of opinion that the case for the Crown had not been proved he would ask them to discharge the defendant, If there were any doubt in their mind he would open for the defence and call fourteen witness, including the defendants, to prove an alibi.
His Lordship then addressed the jury and directed them to consider their verdict on the question of identity. If they were satisfied that the prisoners had not been identified they must discharge them.
The jury found accordingly and the prisoners were discharged. In the second charge, that of assault alleged to have been committed by them on Li Shing, the companion of the deceased at the time he was attacked, the Attorney-General entered a nolle prosequi.
Wednesday, October 27th.
IN SUMMARY JURISDICTION.
CAPTAIN'S ALLEGED WRONGFUL DISMISSAL.
The action was continued in which Captain W. Cooper, lately master of the s.s. Tak Hing, sued the Sze Yap S.S. Co., Hongkong, for $858.33, for wrongful dismissal on September 15th, 1909, $750 being three months' wages in lieu of notice. Mr. Reader Harris (from the office of Messrs. Wilkinson and Grist) appeared for plaintiff, and Mr. P. S Dixon (from the office of Mr. R. Harding) appeared for the defendant.
Plaintiff, who was recalled, stated that the longest time he had ever taken to come in to the wharf on a Sunday was 30 minutes. On that occasion he could only work one engine. He explained the decrease of passengers since he was captain by stating that the company had put another and larger steamer on the run.
Cross-examined He did not know that it was a question of being quick or slow in coming to the wharf. He was always careful of the ship.
A. J. Lindberg, second engineer of the Paul Beau, said he was formerly engineer on the Tak Hing. The longest time the Tak Hing took to come alongside the wharf was about an hour and
ten minutes.
Why did she take so long?-The ship is only ginger bread. She is pretty well done for. Everybody down the waterfront knows her. She has either a list on one side or the other and requires a good deal of handling.
Do you remember the two occasions on which Captain Cooper took over an hour to moor her? Yes.
When were they?-One was the morning on which he got the sack.
THE HONGKONG WEEKLY PRESS AND
Thomas McCartney, chief engineer on the Tai On, said the longest time he had known the Tak Hing take to moor was twenty minutes, but he did not always see her.
[October 30, 1909, His Worship (to witness)-Is the strike going on P-There is nobody at work now.
When did the strike start?-On Saturday. Have the two apprentices joined in the move-
The hearing was again adjourned untilment ? - No. Monday.
Thursday, 28th October,
IN PROBATE JURISDICTION.
BEFORE THE HON. MR. REES DAVIES (ACTING CHIEF JUSTICE.)
AN ABSENT EXECUTOR.
Mr. H. G. Calthrop, instructed by Mr. Hinds, of Messrs Brutton and Hett, moved on behalf of Ku Fai Shan, executor of the will of Chuk Kai, for an order that the letters of administra tion of the deceased left unadministered and that the will annexed granted by the Court on April 26th, 1909, to Ip Iu Kwon be revoked and declared null and void.
No appearance was entered for Ip Iu Kwon. His Lordship said he would like to ascertain whether the person concerned had had notice of the application.
Mr. Calthrop explained that the citation was served and the solicitors appeared and brought in the letters of administration. They knew at that time that those proceedings were going to be taken. The notice of motion was served on the solicitors in the ordinary way.
His Lordship asked if it would be possible for him to obtain information to show that this man was aware of the notice of motion.
Mr. Calthrop pointed out that they alleged that the man had got hold of the money and it was supposed he had gone out of the Colony.
His Lordship remarked that if the man had left the Colony it would be competent for his Lordship to take evidence on that point-evid ence that the solicitors have been communicated with.
Mr. Calthrop said he had been instructed that this man's solicitors had been in com- munication with the man, but he would not appear.
His Lordship said that if Mr. Calthrop put that in the form of an affidavit that would advance matters.
Mr. Calthrop agreed to file an affidavit to that effect, and, after stating his case, the matter was adjourned to admit of his filling the necessary affidavit.
STRIKE OF SHIP PAINTERS.
INCREASED PAY DEMANDED.
an
After unsuccessful applications for increase of pay by fifteen cents a day the ship painters of the Colony have gone on strike. On Saturday morning Chief Detective-Inspector Hanson was called to the office of the Registrar- General, where a deputation headed by Hon. Dr. Ho Kai and Hon. Mr. Wei Yuk, and consisting of employers and employees, assembled to dis- cuss the matter. In consequence of what transpired at this meeting a painter named Mok Kau was arrested, and charged before Mr. J. R. Wood at the Magistracy on Oct. 27 with hindering two apprentices from pursuing their lawful calling by using threats of violence.
The master of the Shung Hing painters shop of 29, Coleman's Bazaar, told the Court that on the early morning of Saturday the defen- dant stood at the entrance to Coleman Street with a pencil and paper, and noted down the names of the two apprentices. He then said, "If you have heroism you won't go to work."
His Worship-Is that sufficient for a charge? Inspector Hanson-The difficulty is that these two apprentices will not come forward. As usual in these strikes, they are afraid of the consequences. I don't think this man has stated all he knows.
Witness told the Court that defendant also said, "If you do the work to-morrow you cannot enter the guild.”
He was discharged before that? - No. John Acock, chief officer of the Tai On, said His Worship-If that is all the evidence, it was not true that on one occasion the Tak-Mr. Hanson, I shall discharge the defendant.
Inspector Hanson-Will your Worship ask Hing took three hours to moor. he knew of, while Captain Cooper was in com- the witness whether the strike is still on, and
how long it has been on ? mand, was thirty-five minutes.
The longest
1
Are they still working ?--They are.
Inspector Hanson stated that he had acted in this matter entirely under the Registrar-General, The strike was still on, and he believed the parties had been given till Wednesday to come. to an understanding. He did not know what steps had been taken, but a further meeting was to be held at the Registrar-General's office.
His Worship-I must have further evidence that the defendant has threatened violence. All he said was that if the apprentices continued work they would be struck out of the guild. That is not a threat of violence.
Inspector Hanson-I leave the matter in your Worship's hands.
His Worship-I cannot do anything on that evidence. The defendant is discharged..
In connection with this strike a representative of the Daily Press interviewed the Hon. Mr. A. W. Brewin, Registrar-General, yesterday. He was informed that shipowners had been approached by the contractors employing the painters, but that the owners were not agreeable to increase the contract price to enable the employers to meet the demands of the workmen. The employers, however, appear to be in no hurry to end the strike as, in consequence of business being slack, they are not seriously Again, they appear to be con- handicapped. fident that the strike will not be general, and incline to the belief that if the disaffected painters decline to return to work, others will be found to carry on in their stead.
NEW SOLICITOR ADMITTED.
His
At the Supreme Court on Monday before his Honour Mr. H. H. J. Gompertz (Puisne Judge). the Hon. Mr. Rees Davies, K.C., moved for the admission of Mr. Christopher Wilson to practice as solicitor in the Supreme Court of Hong- kong. He said that Mr. Wilson had been admitted to practice in England in 1893 and he had taken out a practising certificate up to the present, including the present year. certificate of admission had been left in England, but his Lordship would see from the affidavits filed by two solicitors in this Colony that they knew of their absolute knowledge that he had practised in Eng- land. He came here under happy auspices, because, unlike most people, he had the advantage of the friendship of two of the solicitors already in practice in the Colony.
His Lordship said that under the circum- stances he need have no hesitation in admitting
He hoped that the exercise of his profession Mr. Wilson, and he had much pleasure in doing would be useful, pleasant and profitable.
.so.
AN AMAH'S HEROISM.
FRUITLESS SELF-SACRIFICE.
A Router's telegram from London this week has reported that the P. & O. steamer Palawan, which left London on October 9th, reports that whilst passing through the Suez Canal a child
named Bird fell overboard. The Chinese amah who was in charge of the child jumped into the water in an attempt to rescue the child. Both were picked up, but both died two hours after- wards.
Among the passengers by the Palawan are md Mrs. L. G. Bird and child, and Mrs. Bird and children. Mr. and Mrs. L. G. Bird are well-known residents of Hongkong, Mr. Bird being with the firm of Messrs. Palmer and Turner, architects. They have two children. The telegram is believed to refer to one of these and the greatest sympathy is expressed in the Colony.
The Hon. Treasurer of the Alice Memorial and Affiliated Hospitals begs to acknowledge, with thanks, the following donations to the funds of the Hospitals
St. John's Cathedral Union Church...
$251.51
124.63
Chinese Wesleyan Church St. Paul's College Chapel
40.9
6.29
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