Page
ALLEGED ABUSE.
THE HONGKONG DAILY PRESS, SATURDAY, MAY 16TH, 1925
Mr. Vangy dishink.he.îs, the sort of person that would, report anyone. Your MR. BRAYFIELD IS SUED BY Worship will, realise I am cross-examin-
LOCAL RAILWAY.CO.
ing under difficulties 1 am going to ask him if he does not often report peo "D-you, stationmaster, you sou of a-ple very frequently interfering with him at his station-Witness: 1 am not in the habit of reporting, people, but,
Why don't you send your station coolie to the foreshore to pick up then baltis 7"
The alleged utterance of these words by Mr. T. H. G. Brayfeld, of Taipo, to M. Sang Lum Sau, stationmuster at Tipo Station, on the morning of April
I am too much despised, I would. You have certain latrines, în your station house-There is a latrine some distance away from the station. It is near the pier.
In part of your dwelling house have you not get latrine-Yes,
to your dwelling house?-There are three Have you got three, latrines attached
b, had a sequel at the Central Magis toy yesterday afternoon, when Mr.Jarines Bayfield appeared in answer to a sum-
There are other latrines used by the public, are there not-The other latrias is used by the public.
They are public latrines are they not mits taken out against him at the laThey are used by the station staff
and not by the public. stince of the Kowloon-Cançon Railway| Company; for unlawfully using insult in words to Air, Sang Law Say, 'where by a breach of the peace might have An occasioned J.
the case was heard before Mr. S.. B. B. Mery, the greater pars of the time) bong taken up in close and detailed erds-examination of the principal wit aes for the prosecution and in frequent leg argument and parley,
Ir. Whyte Smith appeared to pro- scate and Mr. F. G. Vaux was for the dance.
You are in charge, of both these latrines are you not-Yes.
His Worship; We are getting very far
em at all relevant.
This does not away from the point.
Mr. Vaus; It is leading up to vocation.
Do you ever use disinfectant in any Mr. Vaux asked permission to be able
to recall any of these witnesses at any of thesel-Sometimes.
time, the reason being that he had noth bad time aa yet to prepare his case.
His Worship: There may have been reason for complaints there, but your proper course was to write to the man- agement of the Company, or if that failed to another authority. Whatever was the cass, there was no excuse for what Mr. Brayfield is charged with.
Mr. Vaux: I am going to say that every reasonable effort has been made to got this altered.
His Worship: Did you write to the Colonial Secretary i
Mr. Vaux: No, to the Management of
be to write to the management of the the Company.
His Worship: Your Arst step would Company and if you did not get any reasonable remedy from them, then your second step should have been to write to the Colonial Secretary. To go and call the stationmaster the name alleged is not the way to get a remedy in my opinion.
ALT. VAUX
I am going to put it that we have made every reasonable effort to obtain a remedy.
His Worship: You have not tried the Colonial Secretary.
Mr. Vaux: I am going to put it pro-to you that it would do no good to write there. If you look up Mr. Whyte Smith's opening, you will Be that this
His Worship; Londoes ant seem very relevant.
Mr. Vauxa Well if your Worship will not allow into cross-examine, perhaps you will note.my.objection.
His Worship: Well I want to keep it as close as possible.
Mr. Vaux: I intend to go over it as for es possible.
followed
Further cross-examination with regard to the sum paid-for-the cleansing of latrines
Ir. Whyte Smith, in his opening, said the at 1-2 on April 20th, "deten"; dat came to thu station-master's office
Taipo carrying two beer bottles and! med the stationwaster in an abusive summer why he had not sens around the feis to collect the empty bottles of thr! freshote. Detenuant then dashed, the Acties on the floor, breaking them, and In the vilice. Defendant was apparent engaged, in an anti-malarial cam ig, but that did not jusitfy him the latrines, ing bad language to an inoffensive na!
.
ke,
Mr. Vaux: I put it to you that Mr. Brayfield put all in these places and that you objected, because it destroyed its value for maaure?-Witness. I did not object to Mr. Brayfield putting oil in
In answer to further questions, witness
man wha left in charge
His Worship: It seems obvious that the thing to do was to write to the Colonial Secretary.
Mr. Whyte Smith interposed that when be referred to those in charge of the station, he implied that the manage taent were responsible or in charge as much as the stationmaster.
His Worship: Cannot we duish this case now and have Mr. Brayfield in the box and finish it off
Mr. Vaux: I have not had time to take a stafetnant from Mr. Brayfiel yet and although I do not want to drag things out or put things in the way, i propose to call more evidence, as well as: Mr. Brayfield:
evidence. apart from that to be given His Worship suggested that other
by Mr. Brayfield was not necessary. the charge did not matter. It seemed Other evidence outside the substance of clear to him that Mr. Brayfield might have beea very much annoyed but whe ther he had reason to be or not did not the case. appear to him as being very relevant to
Mr. Vaux said he thought it was relevant, and proceeded to give 10 example why he thought so. He said if he had assaulted a citizen of Hongkong he thought His Worship would 'deal with him quite differently it he had received sufficient provocation from that citizen to commit that assault, than if he had
been given any provocation to do it. His Worship held that the matter of provocation did not enter into this case and said there was a proper way of obtaining a remedy instead of doing Even supposing there was provocation, what was alleged to have been done. he did not think that was the right way to deal with it.
His Worship lded that he thought a suitable case for binding Mr. Brayfield over under the section of the Ordinance.
His Worship adjourned the case for a short time to allow Mr. Vaux to dis-
—A MATTER OF WORDS. His Worship The man on the station is in charge of the station and so is the Colonial Secretary so is the Gover nor and for that matter so is Hiscuss the matter with his client.
Following the adjournment, His Wor- Majesty. It is all a matter of words.
Mr. Vaux: Yes, it is all a matter of bound over or not?
ship asked: Is your client willing to be words, but I contend that the course
Mr. Vaux: No, he is cot. I want to
The railway authorities hal; there-] said he did not see anyone with M./ taken by my client was the right course. ask your Worship's permission to have) ætion-master who had always conducted' pened on the morning in question and course of remedy for stopping flies and I am not certain that your Worship
mosquitoes than by writing Colonial Secretary. I submit that this under this particular section has a right mac (the stationmaster) is keeping his to bind his over.
Mr. Faux then went on to deal with
the only other people present besides hingelf and defendant were the two pointamen and the booking clerk,
to
the
is duties in a very satisfactory way ad they felt it their duty to make cer ain that such a scene, as would be escribed that afternoon, abould not Mr. Vaux: I believe that you used to place in a filthy condition, and it is the the section he referred to, from a legal | cur again. The office of stationmaster "be good friends with Mr. Braybuld a cause of a number of things
His Worship: We will assume that it as one of great responsibility and if his long time ago-Witness:
i am good thority was ignored, the station would pals with most people. Everybody is
Mr. Veux: It is not a remedy, but apt to degenerate into disorder and my friend..
it is provocation.
caso much inequrvenience to the public; And they (the passengers) give you
is stationmaster bund been at Taipo your 'Cufishaw' }
£ eight years. and had carried out his. His Worship: I do not think that is
ies, there sasisfactorily. Tuipo was a fuir question." important little station and a number
19.30.
point of view and dealt with the fram ing of the charge against his client. said His Worship had been pleased to say that he did not think a "breach of the peace had been occasioned and tha vict Mr. Brayfield on this part of the His Worship did not propose to cod-
time to consider the case in connection alieged offence.. He, therefore, wanted with its relation under summary con- viction.
His Worship: I don't think it is. Mr. Whyte Smith: If it is of any help to my friend I am quite prepared to admit that something might have hap pened to make my friend's client angry make him angry.
His Worship going into the facts of Mr. Vaux to other sections, referring to His Worship drew the attention of the charge, said: I do not see that similar cases, under the Magistrates
Mr. Yaux: am prepared to prove o residents used it; while the pier it, bught a certain amount of traffic. He! His Worship: I do not see how it! We will agree that he had something to
d not know whether the defendant still whed to insist that the stationmaster ald, have Bent around fokis to pick the bottles, but he would call his cilence...
afects the char!
Mr. Vaus: It shows provocation, His Worship: He did not get one!
Mr. Vaux; He" was refused recently we are getting on. It seems to me. that Ordinance, and said section 18 of the to say D you stationmaster was Magistrates Ordinance 3 of 1500 gave and he knows why. "I take it that if a little too much for anyone. It waa man had provoked the defendant into practically provoking a breach of the magistrates very wide discrimination. using strong language it would effect peace. That is the whole substance of His Worship salt stemed to him that there was a case tower, even if it your worship's decision, even if he was the charge found guilty, if he had been provoked
In coadiuuation of his argument, Mr.was brought under the section of tres- into it by this ma
Vaux submitted that there was provoce. He would ask Mr. Vaux to con-
sider that also. ition for his client,
A. Sang Lum San, the stationmas h.at Taipo, said he had been there are 1917. At 7-45- am on April 25t, Brayfield came to the station carry if two bottles and started to abase him. Ifendant said
Mr. Youx to witness: Did you receive to witness "D-you ationmaster why did you not send a New Year's present from Mr. Bray- olies to the foreshore to pick field about the year 1917-Witness: ⚫ these battles " Defendant hun received $10 from Mr. Brayfield when
shed the hotties on the ground, break he came over by the last ferry. ag them into pieces.
An "the
After that year did you subsequently receive any presents from him?-No 1 never received any,
Has be told you why1-Nu he has Lot told me why.
Asked if there was any water on ground after they were broken, witness said the ground was slightly wet. De Imadant then went away. There were
Has he frequently told you to keep two pointsinen and a booking clerk it those latrines clean? Yes he has fre tbo office at the time.
Cross-examined by Mr. Vaux:-Arequently told me to keep the latrines
clean, and so does everyone. charge of Taipo itation
Jou
in
Witness;-1.0.
Your receive your salary I suppose?--I receive a múlary.
And did he not tell you that that was the reason why he refused to give you any more presests -No.
Are you give any opportunities of
Do your receive free-quarters/Yes. You are responsible for these quar-eeping the place clean. Are you given ters I suppose --I. Am.
any disinfectants?-Sometimes I use Jeyes' fluid.
Are you a quarrelsome man?-No i am
Further close cross-examination on not quarrelsome. i have never had this point followed. quarrel with anyone else.
His Worship: This subject is getting This is the first time you have ever had a quarrel-This is the first time isery far away again. We are always have ever had a guarrel.
Do you remember any instance like abis that happened before 1-A similar instance occurred some time ago.
Was that shout broken battles or not? -Yes. I think on that occasion it wa anineral water bottles.
His Worship: 1 don't see that this is relevant to the question?
Me. Vaux On the point of breach of the peace your Worship. Abuse in itself is not a crime.
His Worship; don't quite ang the bearing of that dictum on the case
Mr. Vaux: If the gentleman had not quarreled before, I do not see that a branch of the peace could have been oc casioned.
drifting away..
Mr. Vaux: If he says he does not get cough to kerp the piace clean; then I will say it is not relevant, but if he says he does, then I submit that it is
"relevank
Asked if it was enough, witness re- he received was sufficient for the pur plied that he considered the disinfectant poses for which it was used.
Mr. Vaux to witness: Do you deli- berately try to annoy Mr. Brayfield and others by keeping these latrines dirty No; but he deliberately tries to annoy
me.
Do you consider your Jatrines are clean-They are always clean.
I are you are wearing nu ambulan.co.
After further argument, His Worship suggested that the case might be met if Mr. Brayfield, by consent, agreed to be bound over to keep the pence for six months in his own rcognisances.
Mr. Vaux intimated that his client was not willing to agree to such a course.
In further cross-camination by Mr Vaux, witness said Mr. Brayfield did not tell him where he found the bottles and did not say he found them in the samDE place as he had found previous battles.
Mr. Faux: What words did he use to you?-Witness repeated the words that Mr. Brayfield was alleged to have said to him and added that after defendant said this he (defendant) walked away!
Witness admitted that complaints had been made to him that he was annoying people by making auch a noise in bis house. On that occasion he and friends were holding conversation."
In noswer to Mr. "Whyte Smith, witness said so far as he knew he had never been reported to the railway entopany man kement by anyone.
Mr. Whyte Smith continued to re- examine witness regarding points raised in connection with the latrines,
Mr. Whyte Smith: We have heard about these latrines for the first time?
His Worship: Rut not for the last. Mr. Whyte Smith to witness-Can you tell me of aay case where Mr. Brayɓeld bas used crude oil at the station?
Mr. Vaux: Mr. Brayfield will say for himself in evidence that he has used crude oil at the station.
Witness: Hs has used crude oil every: where, even in our rice pots and every
where else.
His Worship: I think we have had He says he is not a quarrel-badge. Are you supposed to know any enough of this witness. some man and he has taken these pro- thing about sacitation!
After a further question or two by Mr, ceedings, I take it, by reporting it to His Worship: I don't see that what Vaux the witness left the box his superiors.
ever answer he givre will make the least Corroborative evidence bearing out the difference. It does not load anywhere. evidence given by the stationmaster, re Mr. Vaux: I think it does your Wor-garding what Mr. Brayfield is alleged to have said to him at the station, was then given by the two pointsmen who were said to be present when it was uttered."
Conticuing his cross-examination, Mr. Vaux asked witness: Was that previ aus occasion more serious than this?- Withers: No not so serious as this.
You understand English-A little. Did you hear any worse, words thea you have stated on the present occasion.
I understood what he said. Were there any worse words than you have given His Worship --They were the exact words he used.
On this previous occasión did he 'swer *** you?-On many previous occasions.
Do you remember a little quarrel you had with a policeman some time ago!- I have never been in trouble with the police.
ship.
I cannot see how it does.
Mr. Vnux: I am trying to prove that he is so neglectful that it becomes almost deliberate of him to provoke. He wears an ambulance badge.
His Worship: That was probably got for other reasons What was your
bailge for 1
bulance
Witness: passed it for first aid.
Mr.. Vaux (after these witnesses had
Mr. Vaux said if His Worship altered the charge, to one of trespass there would be liberty allowed to call any witnesses on that charge, which would not be ma- terial on the charge of that day.
there was a case to answer ne regarding His Worship intimated that he thought trespass, and he thought he should cer tainly convict, on that charge, because de thought there was д саве to answer there.
Mr. Vaux: As if stands at present I have ship would have the right to bind my client over at the present moment,
way doubts as to whether your Wor-
His Worship I shall be prepared to bear argument about that when the case comes up for hearing again. I think the quickest procedure would be to finish the question of binding over, because if I Convict on trespass it would come to bind- ing over without need for argument.
Mr. Vaux said he should ask for a summons to he served.
he necessary.
His Worship said that this would not
His Worship then adjourned the further hearing of the case until Thursday after- noon, when the case for the defence will be submitted.
A VISIT TO MACAO. SOME HINTS FOR INDUSTRIAL HOME AT STANLEY.
When the Hon. Mr. D. W. Tratman .C.A.), the Hon. Mr. R. H. Kotewall and a number of Chinese gentlemen visited the Macao Industrial School this
week, their inspection of the premises and the work being carried out there was so fruitful and satisfactory that they are
confident that they have gained such knowledge as a result of their visit as will materially assist them in the com- pleting of the final plans for the estab fishment of a Industrial Home at Stanley.
During their visit to Mneno they made given their evidence): It has struck me thorough and systematic inspection of the institution there, both inside and since coming into court that their story out, and were very profoundly impress was made up. It differs On various ed by all they noticed. There are about 730 points.
Hi Worship: It is when witnesses boys, all quite happy, and their studies include an elementary knowledge of agree on every point that one becomes Chinese-in which some of the boys have suspicious
Mr. Vaux; 1 wondered if it had an Mr. Vaux: They agree on every point, attained a fairly high standard of pro-
thing to do with sanitation.
His Worship No.
except that they differ as to where they Mr. Vaux to witness: Am I right in were at the time.
Leo Choung (the Booking Clerk), said
biciency, the learning of Portuguese, and in addition they receive instruction in music, physical culture, shoe-saling, binding, printing and carpentry. 25th. He heard him say to the station and she too was very much interested Mra Tratman accompanied the party muster D-you stationmaster, you son
saying there are thirteen latrines in your he was present when defendant came to which they do very well indeed,book-
Did you not report a policeman upstation? one occasion 1-1 don't remember.
His Worship Is it necessary to go the station on the morning of April into details of the latrines?
Do you recall that about 2 years ago you reported a policeman 3-, now re- Zauber it
His Worship: What is this to do with Has it any bearing on the case? Mr. Vaux: Yea Continuing his cross-examination. Mr. Vaux asked Are you not a very digi- Sied sort of person at your station?
His Worship: I don't see that he ea anawar that question, he would be too modest..
Mr. Vaux: I am only putting it to him that he has plenty of opportunities to
create a nuisance, ....
His Worship: In this leading us any-. where at all?
Mr. Vaux Yes, your Worship..
་།
Mr. Vaux: Are there thirteen latrines, at your station 7-Witness: There are thirteen latrines, ́for the" public, three for the station staff and two for Earo.
peans.
of why don't you send your coolies to and impressed by what she saw.
the foreshore to pick up these bottles.”": Cross-examined by Mr. Yaux: AD-
parently defendant walked away immedi- At the Marine Court yesterday, ately after mying this-Witness: Yes before Liest-Comdr. G. F. Hole, R.N., Mr. Yaux: It seems from the evidence Wong fling, a trading junk mester, whe that after.Mr. Brayfield had spoken these fined $, or in default five days' impris words he walked away. (:
anment with hard labour, for mooring. This concluded the case for the pro his junk inshore at a distraen at less,
than 100 yards, of low water mark
scoution.
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