The Archive · 1900

Saw Reports

H.B.M's SUPREME COURT

Shanghai, 9th May. was the final hearing of the charge against Lewis Donald Saunders, 20, which came before the Police Magi time back, Tne indi dietment, as now read out, charged him with being in unlawful possession of a forged draft on the Chuttered Bunk of India, Australia and China to the amount of gold %4,200. Mr. H. BP.

Wilkinson (Crown Advocate) prosecuted, and Mr. F. Ellis (Messrs Browett and Ellis) represented the prisoner. A number of gentlemen had been called, from whom the jury were to have been chosen, Dut, agit happened, they were not required.

'The indicnuent' was read over to the prisoner, and he way asked for his reply. "Guilty," he said.

Mr. F, Ellis then said:—Before your Lordship passes sentence ow the prisoner at the bar, I, as his counsel and on_his I behalf, wish "to say a few words." Tne prisoner, my Lord, has pleaded guilty to the charge laid against hin in the indictment. I xm prepared to adit that it an offence of & grave nature and carrie: with it " heavy pun Bue I hope that when you hear the few words I have to address to your Lordship you will] extend to the priwner such Ienieuey ay is consistent, with the administration of justice, The prisoner, my Lord, is a! very young man, Ho ix only twenty years of age, and he is an orphan, He says that ho was employed in the Telegraph Company. at Singapore, where, Tam instructed to say, he revived " very win all salary. At. Smgapors deeply involved in dent, and, often the ease, got into the hinds money-lenders, from whom her advances at w righ rate of inter Vhese money-lenders pressed him for payment, and he fund it necessary to leave Singapore. He went then to Bangkok, where he was employed by the Chartered Bank, also, ay Lunderstand, at emall salary. hose mon followed him to this place, him for pay ties and trould have been sense of honour, and he there reser to the act of dishonesty for which he has to answer before you this morning. Tam aware that above all things the rights of Suciety must be protected, and these who assail_ those Fights must suffer punishment. Still T submit that there are cases these rights can be protected ed Ly the passing of The prisoner through me asks you th: passing sentence upon him" you temper justice with mercy. (A voice Hear, hear."

Mr. Wilkinson—I beg to call your Lord ship's attention to Statute 24-95 Vie, Chap. 98, Section 13, wherein the punishment for this offence is provided as not more than fourteen and not less than three Years' penal servitude, or imprisonment with or without hard Inbour not exceed two years, In eases such as this in Shan, hai it is usual that the penalty of imprison ment is the one which is inflicted. I ha heard what has been said, and T think should mention one fact, In looking over the papers in this ease I found that the state of mind of the accused must have been certainly strange. On a pao ut a sort of diary kept by him he has written thi "Arrogant; haughty; proud; insolent. Sordid; covetous; mean; filthy. Polygamy, plurality of wives at the same time; cou. ruminated; corrupted; decadent, state of decline; wither; fanaticism; ex-ut notions; religious frenzy." "That seems to me to have to cly with his state of mind.

His Lordship—Does that refer to himself?

Mr. Wilkinson—I take it that it does so, There are other more private entries wh n ta show that it does. ip—Lewis Donald Siunders, 0 pass sentence on you crime to which you hav pleaded guilty, Your counsel has ably and very shortly said all I expect can be said for you. The principal thi wins to me to he thatiyou are young, and iti possible that you did not consider quite what you were doing when you tted the T do not wish to read you a sermon, but I think it is my duty to point' out that the result was ty take the precepts of other people's Labour, for every coin represents our, and by fraud to take that for your gtatitication, That is a very serious offence from the point of view of the state; of society, so xenons that in England with in comparatively recent times it was pu ished with death, Considering your youthy ite the penalty leted by law as to sentence you to prisonment with hard labour for nine months, 15th May.

Wat Lr-Caxe v. Coutixs axv Syuva.

This was a claim for Tls. 2,800, represented by two native bank orders 500 and "Ils. 300 respectively. Me. Morgan Phillips (Messrs. Drumm ud, Phillips, and) White-Couper) represented the phintit, ad Mr. Collins, a puruer, pywared for the de Phillips said cation for tin now prepared with evi port his cans, His Lordship (to Me. not hear you unless you we put in a written answer, Mr. Cullins—I did not know it was His Lordship—You ought to have known. we other side to all sorts of ti ence. If you why you could not put in ug their evide son to show you may zo into the wit eu show on box, amd if you reason for delay L will vive you Otherwise you will be precluded frou ing anything, Mr. Collins—I did not know it was necessary. [have His Lordshi dvice. You we Court, get rin, and put an answer to" the est of your ability in your own words, You must know you cannot come here and jive us all sorts of trouble in this way. If} you wish to make any defence you must into the witness box and give me reasons.

Mr. Collins—The only reason T can give is that [did not know it was necessary. I! have no means of employing legal advice.

Me. Phillip"—Mr. Collins has consulted legal advice in this matter. I hold a letter in my hand in answer toa letter from my firm.

His Lordship—Tt seems to me a mest unreasonable thing that yon should come here and put the other side to such trouble. At the same time I do not wish to judement against. you if you Wefence to offer for not filing an answer.

Mr. Phillips at this point read a letter from Messrs. Dowdall, Hanson, and Me-Neill, showing that Messrs, Collins and Sylva had complete cognisance of the ease, and that a suit was pendi His Lordship—Has Mr. Sylva been brought here? "Has he been served with any notice?

Mr. Phillips—I do not know... Proceedings were served on the firm, in the ordinary way. The native bank orders are endorsed by Collins and Sylva.

His Lordship—I do not think it is fair to delay you any further, Mr. Phillips. I shall hear the ease, Mr, Puillips then briefly sketched the The plaintiff, he said, was compra-Messrs, Collins and Sylva, and on of March, 1899, a shroff employed Mr. James Alexander Harvie came to him and asked him to get two native bank orders cashed, suggesting that he should get his employers to do it. The plaintiff handed the two orders to collins and Sylva, They got them cashed, but had retained the money to that day. The plaintiff had made repeated applications for payment, but they bad rays put him off. Proceedings were Mr. Harvie against the plaintiff lih Mr. Harvie claimed the property contained in the orders, Judgment was obtained by Mr. Harvie in the Mixed Court, and for some time the plaintiff was locked up. The plaintiff was a perfectly innocent party in the transaction, for he had imply handed over the orders to his employers for collection on behalf of Mr. Harvie's shroff, Mr, Collins admitted hav-collected the money, and said he had handed it over to Sylva, who wax now ding in the Rue clu Consular, Tientsin, Collins also admitted that he was res-posi " of his partner, box, who. sid that at first the Mr. Phillips then put the plai and he had Tu cross-ex. told Messis, money way his 0 and had been owing to him Cly Chinese for some time, He simply ives of the two banks in question were called, and spoke of the vinent of the mo His Lord had ample n petition, and were told to answer it by a curtain date. You have not answered it. Tf you have anying ty say now, why 1 should to hear it, lins—The only thing is about patgraphs 3 and 4 of the petition, This is altogether a new matter, about the exqurs belonging to Inv. Harvie, is Lo there anything else in the petition which is new to you?

fins—T knew nothing xt all about itis signed by Mr. ship—It is absolutely clear that T mast give judgment for the pla iff for the amount elvimed—Tls. 2,800—with ins terest at the current rate, 7 per cent, and costs,

Text read from the printed page and cleaned; old type leaves the occasional error.

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