AN EXPENSIVE BITE.
S
EXTRAORDINARY CLAIM FOR
$1,000 FAILS...
At the Summary Court, yesterday, Mr. Justice Gompertz heard an astra (ordinary efvil suit in which a Japanese named Aoyama claimed #1,000 from a fellow-countryman named Saiki
THE HONGKONG DAILY PRESS, THURSDAY, OCTOBER $187
Mr Mattingley explained that the WAS IT EXCESSIVE ZEAL defendant's version was that 'pläintiä
NIGHT.
was half choking him, and when the MOVING ABOUT THE HARBOUR AT plaintiff's thumb got into defendant's mouth the latter bit it without knowing what he was doing.
POLICE RESERVISTS FINED $950 EACH *
Commander Beckwith, four members of At the Marine Court, yesterday, before the Chinese section of the Police Reserves
EXTENSIVE THEFT OF CORK.
CHINESE SENTENCED TO TWO MONTES' IMPRISONMENT:
At the Hongkong Magistracy, yester day, before Mr. J. H. Wood, a Chinese
Co., Ltd. cork belonging to Messrs. Gande Price & pleaded guilty to stealing à quantity of
Plaintiff denied this. There was no quarrel at all, in the manner described. The defendant did not bite bim in the as heat of the quarrel, as alleged by Mr. flamages sustained by reason of the de-Mattingley. On the night in question,Lam Kai-chi, Chan Shui-kwong, Chan and this month seven bags of corks, worth It was alleged that between July last fendant biting the plaintiff's thumb. plaintiff continued, a friend of the de-Wailing, and Wong Tak-tsun-and an 400, were stolen. The facts of the case
Mr. G. A. Hall. (of Messrs, Wilkinson fendant, Ogawa, came to his horse and other Chinese, Chan Chek, were charged & Grist) appeared for the plaintiff, and inquired about his thumb. He said it with unlawfully moving about the portsion agent, came to Messrs, Gande, Price were that Mr. Frank Smith, a commis Br. E. Mattingley (of Messrs. Deacon, was very painful. He waited two days during oficial night," on October 26th & Co and offered Mr. C. Bond, the Looker, Deacon & Harston) for the de- before he went to a doctor.
without the written permission of the offic Terdant
-in-charge of the examination office manager, some corks for sale. Mr. Bond They were also charged with aiding and guised the corks as the Company's abetting a boatman in moving about the property and made enquires, with the harbour on the night in question,
Mr. Hall explained that the two parties were Japanele barbers, the plaintiff being employed at the Hongkong Clab and the defendant at the Hongkong Hotel. It appeared that the defendant had been dismissed and coveted the plaintiff's post. He therefore asked the plaintiff to create a row in the saloon and get himself dismissed, so that de- fendant might get his post. The plain tiff did not agree to this, and at a subse quent meeting, the defendant, & man of violent temper, bit the plaintiff's thumb. Dr. C. W. MeKenny. Superintendent of the Government Civil Hospital, said that the plaintiff was admitted on Sept. 1st. When plaintiff came in, his thumb was in a very septic condition; and it was necessary to remove a portion of the bones of the thumb. The wound had not quite healed yet. The man would never have the perfect use of his thumb. Cross-examined: Plaintiff had receiv. ed, treatment for several days before witness examined his injury. In the state in which witness saw it, it was not
possible for him to say whether, original.
ly, it was a harmless wound or not.
There was an operation and a mark was
left.
His Lordship: Is that a wound that is likely to be septic, ab incilio 1-Witness: Almost certainly.
The plaintiff stated that he visited the
defendant about the end of July, to
enquire why he had left the Hongkong Hotel. The defendant told him to create
a disturbance at the Club saloon in order that he night he dismissed and defendant might get his job.
His Lordship: What were you to do i To fight with the other burbers-Plain Liff: Defandanz told me to make the cua
-tomers angry."
}
Makes
His Lordship:
010 rather nervous, doesn't it (Laughter.) Did you agree?—No, I did not say anything; I went away..
Plaintiff, continuing, said that., from that day the defendant used to say bad things about him to other people. On September 14th plaintiff went the de fendant's room at the Hotel to ask him why he had spoken ill of him. The de- fendant denied the charge, adding that anything he had. said was only a joke.
Mr. Nisi Bura, Hairdresest, Hoog kong Club, said defendant had told him that plaintiff was a bad character. He was not working properly, and if there was, no improvement he would have to get another man. Witness, repeated the statement to plaintiff, who absented him self one day and another barber took his place.
카
Another hair-dresser of the Hongkong Hotel also gave evidence.
Mr. Mattingley, for the defence, said the only question in connection with the matter was who was the aggressor, and whether, in fact, his client, was justified
defence, and the case was watched for Mr. Leo d'Almada appeared for the the Police Reserve by Mr. T. F. Hough A.S.P. (R).,
The boatman who took the defendants out in the sampan pleaded guilty and was fined $50.
sampan
Sergeant P. A. Band, of the Water Polics, stated that while patrolling the West Point anchorage he saw No. 9,520v, without any light, making towards s junk in the anchorage. Wit in biting. His contention was that "theness pretended at first to take no notice bite was more or less involuntary, as his and allowed the sampan to lie up." client was nearly choked by the plaintiff. He then proceeded to the sumpan and His Lordship: A sort of reflex action? | found the defendants in it. They were Mr. "Mattingley All in the fracas in civilian clothes, and the first defen- (Laughter.)
dant had a revolver with him, while the second defendant had an automatic pistol:
The evidence of the defendant' was mainly corroborative of the statements made by. Mr. Mattingley in cross | examining the plaintiff. On the night in question, during the dispute, plaintiff atruck witness ch the jaw, causing a
slight bruise and witness retaliated with a brush. Plaintiff then caught him by the neck and witness was nearly choked. A little while "later plaintiff lossened his hold and put his thumb into witness" bitten it.. Had witness been the weaker mouth. Witness admitted he might have
of the two be would have been strangled. The bar-keeper of the Hongkong Hotel.
separated them. Defendant admitted having asked the plaintiff not to work
hard
His Lordship That is to say you wanted plaintiff to be sacked to get his job.
|
result that the Police made a raid in
about 5,000 corks in soven bags. Chiu Toong Street, where they found
The cost was
Mr. Bond said it was very difficult to trace any losses, as the corks came in bales of 100 gross each. about seven cents a cork Defendant had been employed by the Company for over] oighteen years. Defendant might have had some temptation, but he was earning 896 monthly and received $3 as allowance for tram-fare.
Defendant said he was in rather straightened circumstances so be stole the corks, thinking the Company would not miss them.
Mr. Wood sentenced defendant to two montba' hard labour.
The other three defendants did OVERCROWDING A STEAM- not carry 'arins. He took them all to the Folice Station.
· Di
LAUNCH.
Cross-examined by Mr. d'Almada, wit- At the Marine Court, yesterday, before Gess stated that it was moonlight at the Commander C. W. Beckwith, the coxs- time so he was able to watch the more-wain of the steam launch Sui Fick was
ments of the boat. When he approached charged with carrying 13 passengers in the defendants did not attempt to escape. excess of the number allowed by his dants did not inform him that they wera They pretended to be sleep. Defencence.
Police Reservists.
sampan was engaged by defendants at Lai Loy, the boatman, stated that his 10 p.m. They asked him to proceed to
Defendant said that some discharged soldiers forced him to carry them, paying nothing for the fare.
$250, with the alternative of two months' Commander Beckwith fined defendant
defendants say they were going to look offence defendant's certificate would be a junk, and on the way be heard the hard labour. He said that on the next. for opium which was coming from the dealt with.
Ühre Foo.
Mr. Almada: These men will swear that they were going to meet a friend. Witness: No. I meant that if the who came on the Chee Foo Who is tell kong Club Would dismiss Campbell on the Chee Fou; they went to the barbers did not work properly the Hong-ing the truth-Witness: They did not
Moore's barbers and. I could start on my junk.
own.
Mr. Mattingley: A little plot to get his own back from Campbell Moore's for not paying him his wages.
Mr. Hall: You are a very masterful man; you resented plaintiff coming to see you
ILLICIT OPIUM.
Kong Magistracy, yesterday, with being A Chinese was charged at the Hong
in unlawful possession of thets of opium..
made in a piece of wood.
The opium, was found concealed in holes
Mr. Almada, addressing the Court, said his clients pleaded technically guilty to the charge. The facts of the case, as related to him and the Captain-Superin- Mr. Wolle, remarking that it was a tendent of Police, were that the first and very skilful contrivance, fined the second defendants, on the night in ques-dant $700.
defen
#
You like to have things done tion, were coming from Shek Tau Po Another Chinese was fined $400 for according to your wishes î
Witness: Oh, no. I was asked to look Wing Lok Lane, on the Praya, were metopiam. The drug was ordered to be con- on the tramcar, and, when rounding being in possession of a quantity of after these matters by the manager, did not lose my temper, neither did I by the other defendants, who stopped fiscated. start the fight hard! Yes.
you aware that you hit plaintiff the They were then informed that a friend of theirs bad arrived on the Chee
Are
Mr. T. F. Hough, A.S.P. (R), said
When plaintiff repeated that many trate how plaintiff caught him by the
Mr. Hall asked the witness to demons oo, and, after a consultation, they went people were repeating the slanders, the throat and put his thumb into defen, doubt the revolver and automatic pistol record in the Police Reserve. He had on board that steamer to great him. No that the first defendant had a fairly good defendant, who was brushing his cont dans's mouth. A demonstration WIL at the time, struck him with the brush, but not to Mr. Hall's stinction, were in the possession of two of the de- three years' service and there was nothing who exclaimed: "It is practically in-fendants at the time. "One of the defen against him except minor offences, such on the forehead. The blood dripped possible to do both at once." into my eyes," added plaintiff, "and I to demonstrate on you, Mr. Hall?
His Lordship: Would you like witness dants had a Police licence for the being absent from drill, being late, put my left hand over my eye and my
revolver. The magistrate knew that, right hand up to ward off another blow. Then the defendant bit my thumb. went home, and saw. Dr. Kitajima.
I
His Lordship: Was it a severe bite "Plaintiff Yes; I felt great pain. It was a deep bite and drew blood. The foeth penetrated the thumb near the joint.
His Lordship: You are not claiming special damages !
Mr. Hall: No, we only claim $1,000) general damages,
the Club and the Hotel were owned by the same man. Defendant helped him get his position.
to
Mr. Hall: I am rather a peaceful being members of the Police Reserve, the citizen, my Lord. (Laughter.)
etc.
years service. The third defendant one The second defendant had two
year, and the fourth defendant four
A Chinese boy, employed in the Hong- defendants had every right, morally and kong Club barber's shop, said the parties legally, to carry revolvers. By bringing years. The last two defendants had been had few words and plaintiff struck defendant returned the blow.
on the head.
Defendant in the question of the revolvers the commended by the C.8.P. for good work Dr. Y.
Police were trying to prove that there when off duty. All bore good charactere K. To, Assistant Superinten dent, Government Cirii Hospital, said was a serious intent in the minds of the be saw plaintiff on September 19th. He defendants. had a swollen thumb, denoting the begin to meet a friend He would remind the It was not so they went ning of septic poisoning, and there were marks as if it had been bitten. The bito magistrate that the harbour regulations did not appear to be a deep one. The were made for the Defcase of the Bealm, wound, however, grow serious later on,
That was the in-
and were excellent in their behaviour. any instructions to search in the har- Commander Beckwith: Had these men
bour for opium without their uniforms and carrying revolversi
Witness: None whatever,
Mr. d'Almada stated that, in conclu-
end an operation had to be performed. with the object of stopping-people from
Mr. Mattingley submitted that the assisting the enemy, biting of the thumb, was done in self- tention of the Legislature in framing sion, he wished to submit that there wan defence."What more natural, Cross-examined. The barber's shop at
be aid, "than that when a thumb is put into a the Act and the penalty to be imposed no serious intention on the part of de that a man should bite it. man's mouth (a rather, unclean thumb), on any contravention was six months fendants when they engaged the boat. Mr. Hall contended that defendant was imprisonment or a fine of $800 Bear The boatian stated that no force was not justified in biting plaintiff's thumbing in mind that four of the defendants used, and that he went with the object 48. a means of self-detence.
His Lordship gave judgment for were members of the Police Reserve, with of making money. If anyone knew the defendant with costs.
between two and three years' service each regulations at all it was the boatman, he thought the magistrate would agree and he should have refused to take the that, whatever suspicion the Police might défendants. He boped the magistrate have on the matter, they must eliminate would take into consideration the fact entirely the question of intent to com- that the defendants
Mr. Mattingley put it to plaintiff that be went to defondant and asked why do- fendant had made such fuss about" bís slackness and that defendant said be most de better; that plaintiff then struck him on the face with his fist; that, after that, plaintiff seized defendant by the collar and started pulling at it, half choking him.
Plaintiff denied that anything of the
sort had happened.
Mr. Mattingloy said he did not wish the Court to understand from his cross examination of Dr. MoKenny that the defendant denied that he had bitten plaintiff's thumb. That act was ad- mitted. What he wanted to find out was whether, by reasonable care, the plaintiff could have saved his thumb.
SPORT. HOCKEY.
mit a felony, or intent to contravene the cords that the bore excellent re]
DEFENCE CORPS-TEAM.
Defence of the Realm Regulations. It custody from Friday to Monday, under were in polios The Hockey players of the Hongkong the defendants had been talking about going hardships to which they were not Defence Corps held a meeting at head opium at all it would be nothing more accustomed; and that they were family quarters, on Monday, to discuss the pros
than evidence of their excessive and to men. They went out on a mad errand, decided that the team be entered in the might have been endeavouring to bring pects for the coming season. It was.
bring law-breakers to justice..
ce. They and had been severely punished already, United Bervices Hockey League. Mr. B. about the arrest of a smuggle
Commander: Beckwith: I take it they #board were aware of the rink they ran when
%
S. Evans was elected Captain sad the Chee Foo. In his opinion they went they went into the ampan. They are was elected Vice Captain, pea on a mad errand to meet their friend members of the Police Reserve and ought- Honorary Becretary, and Mr. A Morse
All members of the Corps who wish to As members of the Police Reserve it to know. I take a very serious view of play are requested to communicate with they had found any opiam they would the case, which has been proved to my the Captain. c/o Mesars, Caldbeck, Machave taken it to the Police Station.
Gregor & Co., who will also be pleased to
arrange friendly games.
(Continued at foot of nezt column.)
satisfacion. I, therefore, fine you: 3250 each, or two months hard labour.
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