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THE HONGKONG DAİLY PRESS, FRIDAY, MAX 286, 1924
SEQUEL TO RECENT MOTOR-PEAK TRAMWAY COMPANY
CAR COLLISION.
WELL-KNOWN 'RESIDENT SUES FOR DAMAGES.
"J
CHINESE DEFENDANT FAILS TO APPEAR.
SUED.
ALLEGED CASE OF WRONGFUL
DISMISSAT
1
1
TICKET COLLECTOR AS PLAINTIFF.
A case of some interest was opened in the Summary Court yesterday afternoon, before Mr. Justice Dyer Ball when Li As a sequel to a motor-ear collision usui, & former ticket collector, shed the the Peaya East when Mr. D. Templeton's Peak Tramway Co., Ital., for one month's Morris-Powles en:"was badly, smashed up
wages, amounting to $. in lieu of in a collision with a motor-lorry alleged to notice. bebuz to a Chinese named Ying Yuen, Mr. Templeton, who is the Manager of the Taikoo Sagr Befinery, brought an action yesterday against Ying Yuen as owner of the lorry. The action which was heard before the acting, Chief Justice (Mr Justión Hampertz), was for damages doar to Mr. Templeton's car through the aegi gence of the defendant's driver. 3.
Mr. K. L. La appeared for the plaia. tiff and Mr. H. 6. Macnamara repre sented the 'defendant Company,
FIGHTING NEAR BRITISH
FRONTIER.
SHUM CHUN CHINESE SEEK
Fighting forceY are reported to be operating near the British frontier. As consequence about a hundred Chinese residents of Shum Chin yesterday came over the honder into British territory for protection.
INDIAN GUARD SENT
TO PRISON.
proper and requisite to be done by him. thereby tending to endanger the lives or limbs of the persons on board the ship while n voyage from Shanghai to Hongkong.
A SERIOUS OFFENCE The hearing was continued at the According to "the statement of claim. the plaintiff raads a verbal contract with which an Indian ship's guard, named Marine Court yesterday of the case in the defendant Company to serve as a Mohanimed Khan of the s.s. Ying Choir ticket collector as salary of $81.a month, service to be determined by or that hy reason of drunkenness be unlaw (China Navigation Co.) was charged with month's notice on either side: The plainfully ommitted to do certain lawful acts. When the DOWN WIN 6rst railed, on tiff served with the Company until March March 29the plaintiff was given" leave to 2nd, of this year, when defendants, commune er parke as the defendant did although no such notier was given not put in an appearance. Liability had either side, dismissed the plaintiff and Jon admitted in the form of a letter and refused to allow him to remain in its also by default of pleading his admission.service. The defendant, it appears, wrote a letter 4m the sist March, atating that he had Been wit of the Colony since December 10th to March 10th. On his return he understed that one of his lorries,' ca- gaged in transporting sand, was that referred to, and that the collision was due to the carelessness of the driver, amusing slight damage to the plaintiff's ear. The defendan: added in the letter
that he was trying to raise money to pay compensation.
Mr. Combell Prosser, for the plaintiff, said that Mr. Templeton's car, at the time of the collision. was being driven along the Praga East. Mr. Templeton at the time was in the car, which was pro creding at a moderate speed. At Tin Lok hate there was a stationary tram- ear, which rather obstructed the-view of the driver. The defendant's lorry came out from behind the stationary tram and bore right across the road in the path ef 3. Templeton's ear. The chauffeur
applied his brakes so sharply that Mrs Templeton was thrown forward and was fortuite is not facing thrown out of the ar. The chauffeur was unable to avoid the sequent collision with the lorry which crushed into the off-side of the car near the front wheel.
;
2
Mr. Lo submitted the onus was upon the defence to justify dismissal in view of the letter written by the defendants solicitors stating their reasons for their action..........
Mr. Macnamara avcepted the position that the burden of proof was pu the defence The plaintiff was in the service of the Peak Tramway Co., and in the ordinary way would have been entitled to reasonable notice. The Company was quite prepared to justify the dismissal of the plaintiff.
His Worship had adjourned the case on the previous afternoon because he, desired further evidence of drunkenness before
he could convict.
Further evidence was given by the Nor 1 gned and by the second officer (Mr. John Wood).
The Magistrate found the defendant¦ guilty and sentenced him to three months imprisonment with hard labour.
THEFT OF COAL.
At the Kowloon Police Court yosterday three Chinese were charged before Mr. E. W. Hamilton with theft of a quantity of coal from a lighter in Yaumați typhoon shelter.
CORRESPONDENCE,
FOR THE M.C.L.
{10 THE EDIWR OF "THE KONGKONG DAILY PRESS."]
SIR, I have been asked by a number of people what was done with the pro- ceeds of the play entitled The Rajah of Rajahpore," giyen by the Kowloon Dock A.D.C.. in aid of M.C.L. I shall be very mach indebted to you if you will insert in the Daily Press that we handed $550 (right hundred and ninety dollars) to the M... but it was added to the su taken by the Dock Stall; subsequently when the general accounts were publish ed the Duck Stall got credited with the whole amount-Yours faithfully.
(Mrs.) MARGARET JENNER.
23, Terrace,
Kowloon Dock,
April 30th, 1024,
FAMILIES DYING OF STARVATION.
[TO THE EDITOR OF THE HONGKONG DAILY PRESS.'|
SI-A week ago, you were good enough to allow me to make an appeal in your columns on behalf of the faming in the Haibong district:
That appeal met with a very gratifying response by various ways, a total som of nearly $1,000 was mised in Hongkong. I left on Sunday for Swatow, intending to return to Swabuo overland, and re- garding the work of raising a fund as practically complete. Arrived at Swatow, I heard indirectly that the distress was. proving far greater and wider than bad Keen anticipated. I at once wired for further information; the following reply was received on Tuesday morning
"Many families already dead sturva- | tion: reckon 3.000 will die unless, iup- ported two months."
The relief parties have been tounew districts, and found conditions altogether more serious than had been know, at first: some of the people even refused the rice which was offered them, saying they, would die soon, and it should go to those
He went on to explain the system under which, ticket collectors and other mem bers of the staff of the Pelk Tenmway Co. were employed. They were on duty for "periods of 24 hours. They went on duty at 11 o'clock di the morning until According to the evidence four men the slime hour the following morning. went on to a lighter from a small boat They were not on duty for the whole and took the coal, which they put into of "the time because the last ear to the their own boat. The tallyman blew a Peak was at 12 o'clock midnight and the police whistle, whereupou the men rowed service did not consmence again until 7 off, but some policemen who were on o'clock the following morning. It would shore jumped into a sampan and gave who still had a chance. I fear that there be seen, therefore, that the men had chase. The first defendant jumped over- opportunity for rest.
board with other man not in custody, are other villages, not yet visited, which perly, continued Mr. Macnamara, a second and third defendants were arrest-have gone out to beg and died by the The defendant left his duty quite pro- but he was later arrested, whilst the arc in much the same condition. Near Bac-leng, to the west of Swabue, people 'clock on Thursday, 4th February. Ha
ed on the sampan. The second defen was due to go on duty again at 1 o'clock dant had previously been imprisoned for not mention less than $50,000 as the wayside Under such circumstances, one on the Friday morning, the 19th. About
unlawful possession, whits the third had total sum required, if alt lives are to be
:
Mr. David Templeton, giving evidence an hour before he was due to begin een banished for five years, in 1912 after lived. It is literally true to say that, wait the car was a Morria:C'owley, but I tiket colireting, he sent a message serving three months for stealing.
in Jute 1921 i England for the estinatul the damage to him at the same Figure (2506), because the car WAN NO worth repairing. He had not ascer tained the marketable value of the car.
A new car of the same type was al vertised at £186, but he thought they were not so good. "La addition to this it would post Bu to bring such a car out from Hume,
· Mrs. Templeton described the accident. carroborating Mr. Prosser's outline.
thought I was going to die," added Templeton: I have never had such
arrow escape before.",
the Tramway Co. that he would not in able to go because his mother was ill He did but ask for leave and gave
easonalae warning that he was going Not only that, he not tell the when he was likely to return
Ay Company
and he gave no indication at all that he was going back. Subsequently Mr. Scott, the Superintendent of the Company, had to engage someone to act as collector
The first defendant was sentenced to
QUEEN'S THEATRE.
KOTABLE GATHERING AT THE
in such a matter, delay is futa!.
I am appealing also to "Amoy, Shang, three months and the others to six hai, and Singapore. May 1, however, ask months.
you again to make, public the appeal to the generosity of the people of Hong- kong? As before, subscriptions" may be sant either to the account of the "E, P. Mission, Swabue, Relief Fund," with the Hongkong and Shanghai Bank, or to the lov, J. Kirk Maconachic.-I remain, Sir, yours, etc.,
(Rev.) E. L'ALLEN, English Presbyterian Mission, Swabue. St. George's. House Hotel. Ilongkong, “April 20th.
FORMAL OPENING.
The new Queen's Theatre, on Queen's
on the ear. "A new man had to be bustily Road Central, was formally opened ses- instructed in his duties and both Mr.terday by the Hon. Mr. R. H. Kotowall. sots and the Chief Inspector, Mr. To the sound of cracker firing and the
Andrews, were put to e enormous playing of the orchestra in the theatre) amount of trouble. Saturday also passed Mr. Kotewall threw open the main doors without a single word from the plaintiff, of the "magnificent building, "the" nmin and nothing was heard from him until entrance of which was ablaze with elec March 2nd when the Chief Traffic Inspectric light and made gay with bunting and tor happened to meet the plaintiff on Chinese decorations.
THE LANTAO MURDER CASE.
Bir. James Smith, of the Kowloon and Canton Railway, told the Court he saw the ear about a week after the accident and estimated its value then at $500. It the Kowloon ferry and told him that There were present with Mr. Kotewall HE THE GOVERNOR COMMUTES he had better go back and see Mr. Scott at the opening ceremony. Mr. Li Po The case was adjourned to the after-When the plaintiff haw Mr. Scott he was Kwai, Chairman of the Chinese General
would cost $1.250 to repair it.
4
on for pulice evidence to be called as
to the ownership of the lorry.
Traffic Sergeant "Alexander proved that lorry was licensed by King Yea 1oong, 89, Parke Street. Yaumati, up to December 1923 The lorry was register ed in an individual's name and not in the mung of a firm.
that, the police evidence. did not cary Bir. Prosner's,case much further.
that he could not be taken back.
told that his place had been filled and Chamber of Commerce, the directors of Mr. Macnamara said the matter was the Po Leung Kuk and Tang Wah Hos. not question of 863, but the proper and piti and other leading. Chinese institu- efficiant working of the tramway.
The only hold the Peak Tramway Co. had over their servants was the legal remedy{
tions.
In the theatre Mr. Kotowall congrata-
of not paying their wages if they went inted Mr. M. Tauruhiu upon the fine away without leave. The Company was architectural style of the building and its taking up this stand upon its legal rights because it was the only way in which they very comfortable seating accommodation. His lordship expressed the opinion could secure the efficient carrying on of air. Kotewall said he took the opportu
an important public service.
nity of saying, something that was very Mr. L. G. Scett, Superintendent of the Peak Tramway service, gave evidence car to his heart. Cinematograph pic Mr. Prosser said that service of the statement. Cross-exmined by Mfr. Lo, value and could either do enormous good bearing out Mr. Macpamant's opening tures," he said, had great educational writ wis carried out at the address reference was made to some statéil. He also had sent a letter to the trouble with the Company's servants and or harm to society. He hoped the man- Xing Yuen fru nt that address, and a
are in the Mr. Scott mentioned that on the night agement would excrvise reply had been received from the defen- dant's solicitor.
recent
DEATH SENTENCE.
It was learn! yesterday that ILE. the Governor had decided to commute the death sentence in the case of the young woman from Laotao Island who was sen- tenced to death at the March Criminal Sessions for the murder of her husband by poisoning him. The sentence has been coromated to one of pénal servitude for
The woman at the trial denied most passionately that she had murdered her husband, and declared that he bud been. killed by his parents. The Jury took two hours and a half to consider their verliet.
He.
...
SIR WILLIAM BRUNYATE. ENTERTAINED BY ROCKEFELLER FOUNDATION.
of the 28th and 20th of February one selection of pictures, especially those for of the ticket collectors absconded with
sum of money. It had also been dis exhibition at matinces and early after-
The Rockefeller Foundation gave a din- covered that other old employes of the hoon shows, in order that the younger at the Waldorf Astoria, New York, His, Curdship examined the letters and Company had been giving fictitious ad generation would derive benefit from on March 24th in honour of Sir William pointed out that these "did not prove dresses and could not now be found. ownership of the lorry.
Is Roswer to his Lordship, Mr. Scott them. He concluded by wishing the Bruayate, the late Vice-Chancellor of the "said that Company had taken on new Queen's Theatre: every success.
University of Hongkong, and Lady Brun yate, who were on their
home to Me. Prosser,said they had it in evi-collectors but before a collector was now
The first public picture show to be held England. dence that the name "Ying Yuen was employed he must must his photograph
in the theatre was screened immediately of the Board of Trustees of the Rocke
Mr. John D. Rockefeller, Jr., Chairman" taken.. painted on the side of the lorry. “We Further evidence for the deferice was cannot go much further than that, can called, after which Mr. Lo submitted afterwards. The theatre was filled to feller Foundation, presided. The speak that the defendants had not by law justi. overlowing. ILE the Governor arrived, ers were Sir Harry Armstrong, British we, your Lordship?
fied their action in dismissing the plain accompanied by Sir Chand. Severa Osborn (President of the American Consul General, Dr. Henry Fairfield is. On reading the correspondence (Colonial Secretary) and the Hon. Mr. Muscum of Natural History), Dr. Sidney are somer. There had not been A. Wood (Secretary for Chinese Mezes (President of the College of the there was no mention of wilful disobedi any evidence of this and the only justi Affairs).
City of New York) and Sir William Brun yato.
His Lordship You have got to prove ownership to prove liability and this you have not done. "There are plenty of ways of proving ownership," hinted the ~Chief Justice.
His Lordship said that there was so appearance for defence and he was pre- pared to give judgment for the plaintiff for 11,855 and costs.
fication for instant dismissl was wilful The pictures shown were for the most The New York report mentions that it disobedience of an order. Absence with part of the comedy type, and the specta was the invitation of Sir William as out leave did not necessarily involve turs were kept in roars of laughter. A Vice-Chancellor, the Rockefeller Founda wilful orders. He urged that there had very pleasing part of the show was the tion in 1921 made a study of the Faculty been no wilful disobedience.
clearness with which the pictures were of Medicine of the Hongkong University Lordship intimating that he would have a steadiness which did not tire the eye.
The case was adjourned sine die, his screened, and they were exhibited with and in 1923 contributed about $300,000 for the endowment of chairs of medicine and tu consider, the point raised.
The theatre opens for business to-day,
surgery
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