i
346
The Attorney-General-I suppose you will have to when these cases are enquired into.
Witness-No doubt one of the members of our firm will look after that.
His Lordship-I would not press that matter farther, Mr. Attorney.
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THE HONGKONG WEEKLY PRESS AND the wall was caused by an insufficinoy of -horing to replace the support which had een taken away? If they should decide both these questions ag inst the d-fendant, there was the third: Is the defendant responsible in law for the insufficient shoring? 1 at, of course, was By his Lordship-In his opinion as
The a question very largely for his . o ́dshi ;. an architect, if he had had the pulling down of the defence said that he was not responsible, and Centre Street houses and therefore the taking that if anybody was it was the shoring con. down of the wall of No. 58. First Street, he tractor. If the jury decided all three questions would have considered a vertical shoring suffiagajust the defeudant a fourth aros: cient unless he had noticed that the adjoining wall was showing signs of weakness, when probably be would have placed sloping shores against the wall,
gross
Did
the insufficient shoring show negligence so aud reckless as to justify a convicti a upon the very serious charge of man laughter. Mr. Sharp went on to refer at length to antho- A. Turner, architect, gave evidence corrobo-rities bearing on the case. rative of that of the previous witness.
He considered the supports put up against the all which collapsed were amply sufficient to replace the support taken away,
The Court afterwards adjourned,
Wednesday, 29th October,
IN CRIMINAL JURISDICTION,
BEFORE HIS HONOUR W. MEIGH GOODMAN (CHIEF JUSTICE).
THE FIRST STREFT HOUSE COLLAPSE.
The evidence having been completed on the previous day.
!
His Lordship said he proposed to put to the jury first a ruling of law and then ask them to answer four questions, in their own way, and if of these questions were answered in the any negative, they must find the man not gulty. The proposition of law was: Having regard to the nature of the wurk undertaken by the ac- cused and the age and appa ent condition of the houses adjacent to those he undertook to pull down, it was his legal duty to use reasou - able skill and prec utions to prevent damage to these houses and their inhabitants. Then he proposed to put these four question. (1) Was the deceased mau Wong Fuk kiled by the colla se of the wall at No. 56, First Street? 2) Did the accused fail to use such reasonable skill and precautions as it was his duty to use? (3) Was it owing to the want of the use of such reasonable skill and precautious that the wall collapsed and (4) If so, did the omission to use such reasonable skill and precautions amount to criminal negligence? With regard to crim. inal negligence," bis Lordship sait le propose I to adopt the words of Justic, Blickburn, who stated (Reg . By e. Fialason's Report.
'criminal ne-ligouce P. 57 that phrase cons antly asd in crimind cases, but the amount of negligence that would mak· a man so responsible e nuo: b defiued. It s not a little failure in duty that would make him criminally responsible. A great failure of duty undoubtedly would. "The line between the two is hard to d fine, and must be left to a great extent in each individual case to the common- sense of the jury whet er or not the degree of failure of duty is criminal." His Lordship proposed to tell the jars that if they answered all the four questious in the affirmative, then it was their duty to find the prisoner guilty: if they answered any one of these questions in the negative or if they had a reasonable doubt whether the prisoner was guilty or not, it was their duty to find him not guilty,
In reply to Mr. Sharp.
is
ጸ
His Lordship said he had had in mind the question whether the alleged criminal negli geuce was defendant's or somebody else's and he thought that was covered in the questions he had just read.
Mir. Sh rp. in addressing the jury, stated that they would have to be satisfied that this wall fell through the defendant's criminal neg.igence in .not ad quately supplying support to replace that which he took away by the demolition of the next house. before they could find bim guilty. This divided itself into four ques.ions, which were practically those which his Lordship had already indicated. The first Is the jury satisfied in the fist insauce that the wall fell outwards and not inwards? The whole case turned upon that question. They had to be satisfied, in order to convict the prisoner, that the wall fell outwa ds. pot in- wards. If the jury decided that question in the affirmative, then there arose the question: Is the jury satisfied that the falling outwards of
was:
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of how
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The A torney-General having also addressed the jury,
His Lordship summed up. He reviewed the deposition of the defendant made before the Coroner and afterwards the evidence of the various witnesses before the Court. n addition tthat evidence, he said, there was the evidence of experts; with regard to that the jury would have to decide whether it was the evidence | of yubiassed witnesses or that of men who had gone to the scene of the collapse with precon- crifed ideas
the thing happened. Without in any way casting any reflection up in the gentlemen who had come forward and given expert evidence in this case his Lordship reminded the jury that it was a well-known fact that two bodies of eminent experts would often come for ard in a cise and support two
views. It entirely different
WAS for the the falling in and jury to decide be ween the falling-out theor es. If they were of opinion that this wall fell inwards, then he thught it was not coutended on the part of the Crown that the collapse rose in any way from defective shoring. All the shoring put up on the outside of the wall would not hav prevented it falling inwards. Therefore, if they found that the wall fel insid, it seemed to his Lord- ship that there was an end of the case; on the other hand, if they came to the conclusion that they were satisfied that the falling-out theory was the proper solution of the matter, they must say how that rame about. if they cou- sidered that the wall fell b cause of defective shoring, then they would have to consider if the blame, or what blame, was attributable to the prisoner in regard to that d fective shoring, It had been contended for the defence that if if he employed son-body else to do the shoring there was no further respousibili g upon him with regard to it, His Lordship said he might tell the jury that he did not accept that. person w s'engaged to take down cartain houses adjoining old houses he was going to undertake a dangerous work, and if he was not competent to do it hims lf be must engage a skilled architect or contractor wo could competently undertake it. Th proposition of the law that his Lordship laid down to the jury was that the contractor did not get out of the respousi. to do the bility by employing another man shoring. It was his business to see that the sho ing was properly done. The question as to whether the horing was proper was a ques- tion for the jury. Mr. Turner, be thought it was, hud state l that he did not think the shoring was neces a y. Certainly he did n t agree with the man himself, because the contractor distinct. ly said it was necessary: "I shared up the wall because the typhoon signal was raised
have shoring wou d
been necessary. When "doctors disagreed" it was of course for the jury to tak their own course in deciding the question. His Lordship con- clided by again reading the proposition of law and the four questions which are given above and which he hid intimated he would leave to the jury. It was not necessary, be informed the jury, for them to answer the questions in writing; it was sufficient for them to return their verdict.
The jury retired at 2.4) p.m., aud re-entered
in
the
ang case
ourt at 3 o'clock.
If a
The Foreman (Mr. E. Osborne) intimated the verdi t He said-We find quanim usly the priso..er is not guilty; and with your Lordship's permission we desire to record the following opinion: that the supervision at present ex rised by the Public Works Depart maut over the demolition, erection and altera- tion of buil ings is inadequate
His Lordship-I may tell you, gentlemen of the jury, that what you say will be taken to the
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(November 3, 1902.
proper quarters. But of course this is a parti- cular cise and not a general investigation into tua collapse of houses The prisoner has been found not guilty, and he is entitled to be discharged.
The prisoner was discharged. The Court adjourned.
SPORTING NOTES.
(Daily Press, 25th October.) T-day finds Hongkong spor smen busy chiefly with cricket and football, interesting games being promised both on the Cricket Ground and at the Happy Valley Tue team to represent the H.K CC. v. the Navy, should, judging only by last saturday's match, render a very good account of itself, though rom might possibly with advantage have been found for Dixon's- bowling. With Fawcett, France-Hayhurst, Powell, Pearce, and Smith, however, the Club has a good deal of variety in a tack, while the batting stre..gth on paper looks sufficient for a good score. I minor cricket the match between the Craigenzower C.C. and the retar ed Volunteer Coronation ontingent should far-
n sh an interesting struggl.... Á healthy va iety of matches is all that is wanted to inspire life iato what we may call the second-class cricket teams in Hongkong, and this season has started w II in that respect.
The H K.A.F.C. in e countering the holders of the challenge Shield to-day have taken on a stiff task, and a victory for the Fusiliers seems natural. The Club's form against the 62nd Co., E, A.. last week was not very encouraging, and a good deal of alteration will be required if they are to do as well as last year. It is too early to speak of Shield prospects yet, but the departure of the R.W.F. teams will make the competi ion to all appearances very open. Judging by the six-a-side games there is a lot of promising material in the Club, but that of course is very different from the essential part of a Shield team. The six-a-side competition is drawing to its close, and the meeting next Wednesday of Messrs Rutherford's nd Wolfo's teams is being looked forward to with unusual interest, both sides having done remarkably well. If anything, Wolfe's men are now the favourites.
make Lately been
In fact now is
The committee of the Polo Club have decided to play during the winter months on Monday. Wednesday, and Saturday in order to give chance of playing the civilian members a on Saturday, the only day they can certain of getting away in time. attendance of playing members has slack, especially amongst the military element, but now that the new regiment has arrived there be some new blood.
may the time to sell at a profit. Only this week I heard some fat prices offered for not the best ponies on the ground. The committes have also made ar angements for a band to attend twice a month, beginning in December, and hope thereby to entice down the non-playing members -not forgetting the ladies, whose presence would very soon lead to a large increase of members and encourage a spirit of enterprise in the Club. It is hoped the Club may be able to arrange matches on these dates to enliven proceedings.
Owners of China ponies need not despair, as I hear tuat one of the Kowloon negiments in- tend to start chukirs for this now much despised animal and bare actual y imported a do en of them into the Colony; the scheme would succeed if enough admirers of the beast could be found but, alas! where are they? I hope soon to be able to chronicle the resuits of a few matohes, which do more than all to encourage those who play to improve and those who don't to try their hand at this king of games.
The first scratch race of the season will be held by the Hongkong Buat Club on Saturday, the 15th November, and those who wish to take part therein will do well to sign hir names on the list placed for that pu pose in the Club's dressing-room. It is probable hat in the event of a sufficient numbers of griffins entering this event will be reserved entirely for griffins, thus leaving the more experienced oarsmen at liberty to impart instruction from the coxswain's sest.