Page

HONGKONG JOCKEY - CLUB *AN EXTRA GYMKHANA..

Patron H. E.. Sir R. E. Stubbs.

-K.C.M.G

Honorary Stewards--H.E. Vice-Adisiral. Sir 3. L. Duff, K.C.B., H.E. Major- Generatie G. M. Kirkpatrick. K.C.SI, KC.B.. Hun. Mr. Chud Severu, C.M.G.. Commodore W. "How'don-Smith, C.H.E. Stern-The Hon. Sir Paul Chater,

TAM HÙNGNÔNG BAILT 'PRESS. “MONDAY,

SUMMONS

JUNK

Mr. Blake: "What is “prevention "i Prevention of what?.

-DISTANCE HANDICAP: ACT THE REPULSE BAY MOTOR

Hip Hits,

CAE CASE.

The Magistrate: If a police officar con- AGAINST POLICE CAB siders that he is driving at a reasonable

·DISMISSED..

speed it is up to him to prevent other ✅ FOR THE "AUTOMOBILE. People going at more than a reasonable ASSOCIATION.

For all China Ponies. Fegs placed ou the outside edge of course, and chalk lines marked the position of each pony according to the "handicap (in' yards), conceded. Oped to" ponies, owned by neinbers of the Jockey and Polo Clubs. 1st prize $200; 2nd prize, $80; 3rd prize, 880.

"Mr. "Grimstane's Peanut,

(Mr. Grimstone) I K C.M.G., Hon. Mr. AGMr. P. 3. Cor's Red Coas Stephen, Lieut. Col. G. K. Hall

(Col. P. A. Cox) 2] Brutton, Messrs." R. M. Dyer, Henry Mr. M. Blood's Fighting Tight, Humphreys, 11. G. M. Bernard,

(Mr. Hastings) ||3| Lieut. Col. W. Loring, RA, C.G. Mr. Seth's Moonshine,(Mr. Beth) D.S.D., Brig. General E. B. Mae Mr. Blank's Cranby, (Mr. Sewell) o ingiten, C.31.G., D.S.O., Messrs. H.Sir Ellis Kadories Stanley Chief, P. White, J. Bell-Irving, and "H. Birkett (erk of the Course) Gymkhana Committee.-Messrs. C. H. Blasin. D. E. Clark, T. Leitch, Dr. C. Forsyth, and Major Timumis.. In Charge of the Seals-Messrs.

Birketi, T. Leitch, R. M. Dyer. Starter-Brig. Gon, E. B. Macnaghten. Paddock Mr. H. P. White and Dr.

Forsyth.

Timekeeper. Mr. A. E.,5. Alves

The summons hrought by Mr. H. A Lammert against the driver of police car | No. 11, the responsibility for, whose acts was 'accepted by the Deputy Superinted, dent of Police, Mr. T H King, who was

passenger in the car, came before Me R. K. Lindselt, again, at the Magistracy

apert."

Me, Blake don't agree with you ou that because it is a quitter, entirely, of evidence, as to whether he was or way hot going too fast, and it is matter for prosecution under a difförens section. In this case the prosecutor was driving his car and dui signal that he wanted to pass., would have been perfectly safe to draw 1 take it Mr. King will not deny that it in his cart

Mr. Blake: Is is admitted that he never gave him a signal to pass. (On this point of the previous hearing), Mr. Blake quoted the Daily Press report

on Saturday.

2 (Mr. T. W. Doyle) Mamert ha alleged that the police, The Magistrate: Of course, Mr. King Mr. C. R. Thompson's Shooting Star, Mr. Blank's King Hairs,

(Mr. Stopford) car, travelling to Repulse Bay on the denies that he deliberately prevented Mr.

Lammert from passing... night of June 11th, at a speed often ust Mr. Topside's Mountain Stream

(Mr. Gibson)"

in excess of 13 miles an hour had impeded (Mr. J. Bell-Irving) of his car and other cats and, by driving too much on the right, of the centre of Mr. P. C. Potts Moorland King,

(Mr Potts) the road, had prevented him from pass Hon. Mr. P. S. Holyoak's Peradven-

Mr. Bartholomew) ing. In Mr. Lunmert a words, he had ture,

been "greatly annoyed at having to traveľ Capt, G., Spinks' nekke (Inte

Sportsman Artichoke),

| all the way to Repulse Bay in Mr. King's (Capt. Spinks)|0|

exhaust."

*

Mr. Templeton) `0.

An extcgyásklaun, promoted by the, Hongkong Jockey Club, on Saturday. was well patronised by the public and Mr. C. P. Templeton's Mouldy,. Bonoured by the presence, also, of Ineit Mr. J. E. H. Bibby's Givenchy, Excellencies the Governos Sir, Edward

(Mr. Gibby) Stabla. * K.C.M.G.), and the General}'Mr. C. Surgeaunt's Springer; Öficer Commanding the Troops (Majori

(Major Timmis) o Mr. Frederick Ellis Lame Duck, Groeral Sir G, M. Kirkpatrick, K.O.S.I..

(Mr. CM, Alves) K(1), The Committee wisely arrang Mr. D. W. Lase's Murphy,

(Mr. Spragge) * ed a late start to avoid the great heat

Mr. D. W. Last's Honesty Onton, of the afternoon and as there was a

(Mr. D. W. Last) moderate breeze the weather conditions were perfect. · The Band of the ud Battalion, Wiltshire Regiment, contri- buted an excellent programme of music during the proceedings, the ponies were more than usually successful in providing exciting raves and close finishes and the meeting passed of admirably in every respirvel.

L-TIREE-QUARTER MILE RACE. For Subscription Griffins of both classes, any season, which have run and not won at Gymkhanas this season-1st prize, 20, 2nd prize,"$100; 3rd prize, $75. Mr. Ferdadad's Pawnshop, 155 lbs.

(Mr. Soares) 1 Hon. Mr. P. H. Holyoak's 155 lbs,

(Mr. Gibson). 2 Sir Ellis Kadoorie's Repulse Bay

Chief, 152 lbs. (Mr. Doyle) 3 Mr. B. Basio's Frampton, 158 be.

(Mr. Potts) 0 'Mr. Tricolore's Quo Vadis (late Field

Child), 158 lbs...(Mr. Kremer) 0 Mr. C. R. Thompson's Shooting Star,

15 lb.......

(Mr. Thompson) Mesurs. Rich & Seggie's Don Juan, 135 lbs. (Capt. Spinks) Messrs. Hosie and Lay's By Jingo,

149 lbs.

(Major Timmis) 0 Three lengths between first and second: length between second and third. Time: min. - TĚŠéco.

Pari-mutuel.

"Winner : $14.80

1, 3120

*.

5.60

3,

5.20

Cash Sweep.

-

%

The Magistrate remarked that this-was to the effect that Mr. King could not say whether a signal was given or not; he did not see his driver signal,

Mr.

My evidence in the box was Lammert had opportunity to wished to.

that

"

Mr. Blake': In a control area. Mr. King: No.

a denial that Mr. King's case was His driver had not kept to his left or that strongly that it was the duty of Mr. King Mr. Blare (continuing): I submit most he had driven at an unduly low speed. to keep in to the left-hand side of the Mr. King declared that his speedometer road the whole time that a car was want- showed 18 m.p.h. when Mr. Lammert and g to pass hin. That is the rule of the road, and it was his duty, provided that his witnesses gave their speeds at 13 m. p.b.the road was safe and that he was trun As his car had done the journey from ning no danger of molesting any other user of the road. There is an A.Å. rule, the University to Repulse Bay Hotel in I understand, that a driver who is willing. 32 minutes, Mr. King claimed that his that a car shall pass him shall give a chauffeur had driven on the fast side, if signal. We have evidence that Mr. Lam- anything.

mert was annoyed by the exhaust of Mr. King's The Magistrate, remarking that he re-

ca: and I think we can take it garded the question as one of speed, had that is there had been a signal given he adjourned the case in order that Mr. Would have taken-advantage of it. Mare driving in to the left side of the road for King's speedometer might be tested.

4 At the hearing on Saturday, Mr. D. H. few seconds does not give Uriver on behalf of the Hongkong Auto-opportunity to pass. The road is narrow; -740, $2,188.00 Association, attended the pro- it curves a good deal; and

you must have ceedings.

full opportunity to pass Mr. Lammert The Magistrate: You appear for thewould have been quite wrong if he had prosecution, Mr. Blake!

tried to slip by.

Mr. U. R. Thompson's The Mouse, -

(Mr. Thompson)-0 Three lengths between first and second and a short head between second and third.

-Pari-mutuel. Winner: $179.30

1.

3.

46.20

23,90 24.90

Cash Sweep. Ticket No.

58, €25.10 744, 312.70 Unplaced starters, $20 each-Nos 331, 671, 615, 900, 152, 13, 338, 335, 271, 202, 54, 599, 102, 169, 47, 530. 5.-LADIES NOMINATION VICTORIA

CROSS COMPETITION. - Competitors galloped up under fire, over low hurdle, lifted dummies repre- senting wounded men op to their saddles, and carried them back to win- ning post. Open to members of the Jockey and Polo Clubs, and Naval and Military Officers 1st prize, 850; 2nd prize, $30; 3rd prize, $20. Souvenirs. presented to the ladies nominating the prize winners.

Mr. J. M. Remedios

Mr. F. M. L. Soares... Mr. H. E. Spragge .......

29

3

There also competed:Mr, R. M. P. Beaven, Mr. J. E. H. Bibby, Lieut. Col. P. A. Cox, Mr. T. W. Doyle, Mr. S. E.

Blake: Yes, your Worship. I wish to address you on the legal aspect of this matter. This summons was issued under Section 17 of the Regulations, which roads La follows:-

A driver shall not allow his vehicle to obstruct vehicle or person on the road, or a car on a tramway.

There is a further regulation which is relevant, and that is Regulation 4, which states:-

of the road.

A driver shall drive on the left side appisars to have been hinted at by way. There is a further regulation which of defence, viz., Regulatios 19, which

says.

The Magistrate: Carry your rgument a bit further: Suppose Mr. King had been going at 35 miles an hour, do

you say that he would still have to keep clear if Mr. Lammert wished to pass him at 407

Mr. Blaco

I do, your Worship: that is the rule of the road. He ought to

promote passage. Τ that if Mr. King had been going at 35 iniles and Mr. Lammert bad tried to pass at 40, and there had been an accident, that Mr. Lammers would not have been-in

am not saying

Grimstone, Mr. J.Beil-Irving, Mr. Damount of traffic which is or may pass the car, then he did obstruct

W. Last, Mr. A. H. Potta, Mr. G., W. Sowell, Capt. E G Spinks, and Major Ticket. No. A. W. Timmis.":

(29), --81,631.00 | 218, '163.00 330. £33.00 Unplaced starters, $20 each:--Nos:

119, 310, 40, 78, 00.

2-FIVE FURLONGS RACE, HANDICAP.

For China Ponies 1st prize, $250; "2nd

prize, 8100; 3rd prize, 875- Mr. Soares' Dandy Child, 153 lbs.

Pari-mutuel.

Winner: $36.00

1.

14.10

16.70

3, 16.60

$250;

Al

Cash Sweep. Ticket No.

601 $2,242.80 603,

040.80 717, 320.40 Unplaced starters, $20 each:-Nos. 318,995, 117, 531, 277, 352, 703, 401, 719, 100 and 576. 6.-CLASS HANDICAP: **B CLASS: ONE MILE. For Chink Posies. Yet prize, prize, 100; 3rd prize, $75. Dr. C. Forsyth's Leighton, 155 lbs."

(Mr. Doyle) 1 Messrs. Rich & Seggie's Don Juan

(late Workshop), 140-lbs.

(Mr. Gibson). 2 Mr. Albert's Spoilt Child, 148 iba..

(Mr. Soares) 3 Mr. Dyer's Harlequin, 158 lbs.

(Mr. Thompson) ◊ Sir Ellis Kadoorie's Repulse Bay Chief, 154 lbs. (Mr. J. Bell-Irving) Mr. Ferdndud's Tuckshop (late Only

Hope), 148 lbs....... (Mr. Sewell) o Mr. B. Basto's Tweedledum; 147 lbs.

(Mr. Potte)

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F

fact, I am sure he would have bean-held King obey the rule of the road by keeping to blame and responsible in damages. But, in this case, the question is, Did Mr. in to the left? You get the local custom. A driver shall not drive a vehicle by arrangement between drivers, so give recklessly pr-négligently or at a speed when he not held to give that to allow ears are ready erlin's manner which is dangerous to to pase the public having regard to the circumsigual by statute Law or Common Law stances of the case including the nature and I think you will agree that he did 2

the Colony, but if he did not give it. condition and use of the road and, the

not give Mr. Lanimert an opportunity to

obstruct and must be convicted. technical offence.

perhaps but he did The Magistrate: Do you wish to "my anything

Mr. King! "Mr. King: Only that this summons is for obstruction and not for not keeping to the left of the road. After what fell from your Worship at the last bearing I propose, this morning, to call evidence. naly as to the correctness or incorrectness of the speedometer. If your Worship is not satisfied or wishes for further

evi- dence, I am prepared to call a Емгорсай car and who will corroborate the evidence gentleman who was at the back of No. 11

possibility of passing ant as to the sigual. both of myself and the driver as to the This morning I have had the speedometer tested by the hon. sec. of the Automobile Association.

sonably be expected in such road. That has been brought up, or hinted at. as a defence. I would refer you, Worship to Halsbury, Vol Vol.

419. under the heading →

NEGLIGENCE IN REGARD TO HIGHWAYS.-

person in charge of a vehicle or beast of burden merts or is overtaken by another vehicle or person or beast of burden it is his duty to keep to the left or near side of the highway to pro- mote passage.

It in his duty...to promote passage" those are the important words.

The Magistrate: that in the High ways Act, 1835 1

Mr. Blake: I think that is so, but I have not been able to get it in time. It goes on.

Failure to observe any of these duties also renders him liable to a penalty, but non-observance of the rule of the road while casting upon the person who neglects it a more stringent obligation to take care is not of or by itself con clusive evidence of civil liability for the consequences of an accident "That referred to a case of Nuttall " Pickering (King's Bench, 1913, p. 14.).

The Magistrate: A civil coas Mr. Blake That was an appeal from the decision of Magistrates. The facts were shortly as follows:-A heavy vehicle, a lory, was passing down n highway. A came behind and wanted to

Mr. Bevington, asked by the Magistrato to give the result of his test, said he tested the speedometer over a quarter-mile length of rond. It was about two per cent, out. The car was going very slightly faster than the speedometer registered. Practi cally

the speedometer was absolutely right

The Magistrate: I do not think I re quire any further evidence in this matter. the fact is clearly proved, or admitted I am satisfied, Mr. Blake, that even if

law for the driver of a car, proceeding cannot consider it an offence against the allow

(Mr. Soares) 1 Mrs Leslie Smith's Louza, 152 lbs.

(Major Timmis) 2 Mr. T. M. Leitch's Spynie, 158 lbs.

(Mr. Doyle) 3 Mr. H. P. White's Merrysand, 156 lbs.

(Mr. Kremer) 0 Mr. Dyer's Harlequin, 153, lbs.

(Mr. Thompson) @ Mr. John Bell-Irving's Miserrimus-

Doleful, 134 lbs

(Mr. J. Bell-Irving) 0 Mr. Frederick Ellis's Pantile, 150 lbs.

(Mr. Seth)0. 'Mr. Albert's Spoilt Child, 149lbs.

Mr. Gibson) 0 Mr. Blank's Cranby, 140 lbs.

(Mr. Sewell) 0 Mr. P. C. Potts Coal King: 149 1bs.

(Mr. Pötts) 0 Mr. Grimstone's Black Nut (late Messrs. Hosie & Lay's By Jingo, 145

lbs....... P. A. Cor) ́0

...(Major Timmis) o over to the of the road and waved another certo pass it may be a breach

of M. Low), 145 lbs (Colate Caly

to the driver of the car to pass him on 19 constitate the offence of obstruction ta

etiquette, a the left.

To The driver of the motor car Hope), 145 lbs...(Mr. Remedios) o

passed on the left and police court pro wilful or malicious act, or some negli

this sense, there must surely be some A neck between first and second; be

ceedings were instituted for obstruction tween second and third, a thort head.

Time: Imir. 18 3-bsces.

I think the point there was whether under case which leads to the obstruction of the rule of the road he should have kept ricksha driver whe pulls his vehicle along highway. Take the case of a truck or to the near side instead of pulling over the tram-lines and refuses to move clear to the right. On this case, Lord Alver when a tram overtakes him. That is the rt of case, that is covered by this

Pari-mutuel

Winner: 849.80

9.10

*

30.70

3.

8.70

Cash Sweep.

Ticket No.

274,81,999.00

450, 571.20 1993, 285.70

t

Mr. Tricolore's Quo Vadis (late Field

Child), 146 lba. ........Mr. Kremer) motor. The driver, for some reason. pullet ut a reasonable. speed, to refuse to

à length between Brst and second; four lengths between second and third.

Time: 2mins. 10 2-6secs. Pari-mutuel.

Winner: -10,00

5.00

1,...

- Cash Sweep.

Ticket No,

624, 82,514.40

See, 301,

2, 11.60

718.40 3, 0.00

359,90 Unplaced starters, $20 each:-Noa 605, 273, 805, 477, 682, and 216.

Unplaced starters, $20 each Nos. 159,7-HANDICAP: ONE AND AQUARTER 580, 190, 400, 192, 589, 617, 004, and 320.

"3.—CLASS" HANDICAP:

....

"CLASE: ONE MILE.. For China Ponies. 1st prize, $250; 2nd prize, $100; 3rd prize, $75, Mr. H. Birkett's Flywheel, 153 lbs.

Mr. T, W. Doyle) 1 "Mr. Spragge's Lighting, 148 Ibe.

(Mr. Spragge) 2 Mr. John Bell-Irving's Tiddleywinks,

163 lbs. " (Mr. J. Bell-Irving) 43| Mr. E. Des Voeux's Frome, 155 lbs.

*** (Col. P.A. Cox) : 0. Alr. Tricolores Humorist (late Forest

Child), 160 lbs. (Mr. Kremer) 0 Mr. IL PWH Carpenter, 160 165.

HILL RACE

For China Ponies. 1st prize, $300;" 2nd

prize, $160; 3rd prize, $75, {"Sír ̃Ellis Kadoorie's Hongkong Chief, (Mr. T. W. Doyle) Mr. John Bell-Irving's Jawlesford

(lata Dolphin), 182 lbs.

(Mr. J. Bell-Irving) Mr. Ferdadud's Pawnshop, 155 lbs.

(Mr. Soares) Mr. Seth's The Ameer, 150 hs..

(Mr. H. Seth) [Mr. P."A" Cox's September Morn," 152 lbs. (Mr. P. A. Coz) Mr. Tricolore's Humorist (late Forest Chiifd), 152 lbs....(Mr. P. Kremer)

0

pass. The

stone says:

The gist of the offence is not allowing a free passage, and t) i assumes there" is some other vehicle which is desirous

80 dolog And which is prevented from

by the fact that the vehicle in front is not keeping to its near side.

respectfully submit that in this COLBO

crime

obstruction." The summons must be dismissed.

SPORT

LAWN BOWLS.

A League match was played, on Satur day, between the Kowloon Cricket Club and Taikoo Bowling Club, on the K.C.C. ground, which resulted in & win for the former. Appended are the scores:

King's, car was undoubtedly not drawn in to the near side of the road and by that fact it did obstruct the prosecutor from passing and therefore there is a offence under Section 17" of the Regula tiona. The mere fact that, in Mr. King 3 opinion, he may or may not have been driving at the maximum safe speed on road is totally irrelevant. As your Worship is well aware, there is no speed -x.Q.C limit. except fa control areas in this

9 Colony; it is merely a matter of driving. Stevens, to the danger of the public 1 Mr. King WT. Eldon.

وله

or any other driver or motor car user J, McMurtrie.

J. Stalker. Mr. Dyer's Beggar King, 100 lbs.in the Colony edges in to the left and

(Mr. Thompson) fulfils the rule of the road and suffers (skip).........

damage in that a car passes him reckless y

"(Mr." Soares) d' Dr. U. Forsyth's, Neston, 148 lba... Mr. B. Basto's Frampton, 147 lbs.

(Mr. Thompson)

A head between first and second; a neck between second and third.

Time: 2mins. 11secs. Pari-mutuel

Winner: '$13,80-

1, 4.60

3, 13:50

3,. 0.70

Cash Sweep. Ticket No.

506, $2,306.530 85, 850:00 281, 320.50

Unplaced starters, $20 eachTM-Nos. 423,

602,804, 183..

(Mr. Potts)

A head between first and second; half a length between second and third.

Time; 2mins, 44 2-3sech., Pari-mutuel Winner: $10.60 *0.40

25.90

3, 7.20

Unplaced starters,

168, 29, 72, 838, 327.

NO. I'RINK

T,B.C.

R. Wallace. W. Weix.

G. Morrison, A. Hamilton. 10. (Skip) No. 2 IN.

and dangerously, so as to cause him B. E. Nicholls damage, he has a civil right against that D. A. Purvis person and he may also lay a complaint | J. P. Robinson. before the magistrates But he is not J. Gibson. Cash Sweep.

entitled to become the magistrate himself (Skip)...... 14 Ticket No.:

and to hold up traffic because ho thinks

NO that he, personally, is driving quite fost 671, $5.702.00

enough and therefore that any person who 666, 102.40 paseca him will break, not "has broken," 853, 814.70

a regulation, $50 each:--Not The Magistrate: You don't agree that

Prevention is better than cure!

H... Hunter. Davidson.

J. Hyde.

A. G. Pie

(Skip)

J. Muirhead. D. Morrison. N. Drummond. J. Ferguson. (Skip).

RINK. J. Russell.

Young Maclachlan,

Wotherspoon

(Ship)

LANE, CRAWFORD & CO.

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