DONE TO EXTRADITION CASE
fi
DAMAGE
A PIER.
CONCLUDES:
JUDGMENT GIVEN FOR THE FUGITIVE COMMITTED. TO
GOVERNMENT.
TIMBER COMPANY LIKELY TO APPEAL.
Judgment for the Attorney-Gen- eral was given by the Puise Judge (Mr. Justice Wood) at the Summary Court yesterday in the action brought to recover damages from the On Cheung Timber Company aud-Ho Kai Chik, the proprietor or partner thereof.
Alleging negligence on the part of the defendant in allowing tu properly secured timber logs to float about in close proximity to the "Government pier at Praya East, plaintiff claimed 8638. to cover the damage done to the pier by the loss during the last typhoon. Mr. L. R. Andrewes conducted the plains
tiff's case.
After his Lordship, had delivered judgment, Mr. F. C. E. Rendall, appearing for the defendant, asked for a stay of execution perpling con- sideration of an appeal.
|
PRISON.
ECHO OF A VILLAGE ROBBERY.
KONG DAILY PRESS WEDNESDAY,
THE HONG
ARMED ROBBERY. SEQUEL.
AFFAIR IN KOWLOON CITY HUT.
THREE CHINESE CHARGED
WITH STABBING.
A LITTLE BREEZE
IN COURT.
APRIL 30, 1930.
HUNGARIAN YOUTHS. ON. WORLD TOUR.
LAWYER OBJECTS TO S.C.A.. GIRDLING THE GLOBE ON
OFFICIAL.
MOTOR CYCLE.
QUESTION OF PROFESSIONAL ETHICS INVOLVED.
BRUSH WITH BEDOUINS IN DESERT COUNTRY.
Two intrepid Hungarian students of engineering at the University of Budapest, Zaltan Sulkowsky (27) and Gijula Bartha (26), world tourists on a Harley Davidson moter eyele combination, arrived in Hong Kong yesterday from Hai- phong and called at the offices of
An objection was raised by Mr. The case in which a Chinese who
A sequel to the armed robbery was arrested in Hong Kong about which occurred at a hut in Nga G S. Hugh-Jones at the Kowloon 15 hours after a robbery in Nam Chin Wai, Kowloon City, on April | Magistracy" yesterday against the
whose persoP Tau. and on
was, was enacted at the Kowloon appearance of Mr. H. R. Butters found a quantity of stolen jewellery, Magistrae yesterday, before Mr. to prosecute in a mui trai case, Mr. concluded at Central Magistracy Whyte-Smith, when three Chinese Hugh-Jones submitted that Mr. yesterday.
were charged with committing the Butters, who is Chief Assistant at The Canton authorities have ap-robbery and wounding one of the the Secrétariat for Chinese Affairs, plied for the fugitive to be handed occupants,
had no authority to prosecute, as over to them, and yesterday, after
The first defendant was further be was not the complainant, and the Hong Kong. Daily Press, where charged with receiving part of the further that he was usurping the they related some of their experi
property,,
prerogative of the legal profession.
the completion of the evidence for and against the fugitive, Mr. Lind-stolen sell committed him to Victoria Gaol, to await the pleasure of H.E. the
Governor.
At the close of the case, Mr. F. C. E. Rendall submitted that it
WRE
Detective Inspector Fallon, pro- secuting, said that on the night of "April 11, complainaut and his wife were sleeping in the hut, the door of which was open on account of the heat. Shortly after midnight the couple were redely awakened by three men, one of whom stabbed the husband. They took away rattan basket, containing clothing and $15.50 in coins. The robbery was reported to the Kowloon City
ences.
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Together with another lady, the The case was one in which a mar- ried woman of 70 Laichikok Rand party started from Paris about one was charged with ill treating a
and a half years ago, and, after mui tai. It was alleged that the travelling some distance, had to punishment. given to the slave girl return, the female member of the was so severe that some of her party falling sick.
two started afresh and had since fingers were fractured.
Mr. Hugh-Jones, for the defen- been travelling extensively in many countries... The tourists said that adant, applied for bail.
the best real were found in Europe and the worst in Turkey. The two men had been cycling in Italy, Egypt, Palestine, Syria, Bulgaria, Australia and the Malay States. Roumania, Arabia, India, Ceylon,
true that some articles of jewellery; alleged to have been stolen during the robbery, was found on the person of the fugitive aome 37 hours after the occurrence, but that amounted to recent passes His Lordship made an order givsion and was not proof that the de- ing a stay of execution for one fendant took part in the rabbery. Police Station, and officers were ahip finds, on the medical evidence, Spain, Portugal, Turkey, Morocco, | month conditionally apon defent was not like the case of a mau
dant paying the amount of claim and costs into Court within six days.
THE JUDGMENT His Lordship's judgment was 23 follows:-The plaintiff is the At torney General and the defendant
At an address given by the first prisoner, the Police visited certain premises and arrested the second defendant.
who ran out of a house with-à sent to the hut. These officers saw blood-dripping chopper in his hand
s crowd coming out from Nga and it was later found that a man inside the house had his head chop-Chin Wai Village, and among ped off. There the presumption them was the first defendant, who was fauch stronger. In the present
was carrying the rattan basket and ease, Mr. Rendall submitted that the fugitive had given a reasonable bad already been arrested by a explanation of how he came to be if Chinese watchman on suspicion. possession of the jewellery. He had (who is the proprietor of the com-claimed that it was given to him pany named in the writ) is a timber by a friend to bring to Hong Kong merchant. The plaintiff claims that it might be converted into two damages on account of the defen god bangles. The reason why the
Regarding the third accused, conversion should take place in dant's alleged negligent The Par Hong Kong was that the work could Detective Inspector Fallon said ticulars of claim contain minor im- be done cheaper here.
that the complainant had right perfectious, but they may be dis
In committing the man, is War. from the beginning been very iu- regarded, as the issue between the parties has been in no way obseurship, held that the possession of the sistent that he was implicated in the robbery. and had alleged that ed at the trial. The quantum of jewellery by the defendant was re-
cent enough to give tire presump-be recognised this defendant as the damage has been estallished by
defendant, who was an acquaint- evidence, which was not challenge.tion that he was connected with the man who stabbed him. The third
robbery. The defendant disputes liability.
ance of complainant and his wife, The damage was done to a Covers-
was arrested on this evidence only, ment pier during the typhoon of
and it remained for his Worship August 22, 1929.
to judge from the evidence that would be submitted whether this prisoner was guilty or not.
Detective Inspector Fallon then produced witnesses in support of
On the evidence given I, hud the following facts. The defendant was proprietor of a timber yard on the Praya East Reclamation. It was his practice to accept delivery of timber from ships, "tow the same
to
the prays wall, and then and it by mechanical means. He maintained" a sheer-legs and crane on the praya wall for this purpose. The Government pier was a short distance to the west of this crane. On August 21, 1920, the defendant received certain timber from a ship --including six logs. 35 feet in length and two feet in diameter. These were towed to the sea wall. The Royal Observatory had on August 20 given a first warning of a typhoon's approach. This was followed by additional warnings on August 21. On the afternoon" of that day an Inspector of Govern ment Piera, on patrol noticed the defendant's logs in the water to the east of the pier and personally warned the defendant's foreman to remove them from proximity to the pier in view of the approaching typhoon..
•
DEATH OF MR. OTTO SPITZAUER.
PASSES AWAY SUDDENLY IN SWATOW.
his case.
Fat.
Mr. Otto "Spitzauer, engineer to The complainant, Chan the Kai Ming Electric Company at stated that at about midnight on Swatow, passed away at that port April 11 he felt a stab in his back. on April 22. He was attending to Rising, he saw the third accused his duties as usual on the morning with a dagger in his hand. Wit- from of that day, but in the afternoon he ness wrenched the weapon complained of feeling ill and passed him and chased him out of the away muddenly from heart failure. hut. Outside two other men join- The fuperal took place the nexted him in running away, Witness day.
said that he did not run after the
Inspector Murphy, of the S.C.A., in opposing, said: "I am instruct- to oppose bail. If your Wor.
that gross cruelty had been com, mitted, we shall ask for imprison ment without the option of fine."
His Worship: If I find it is gross cruelty, I have, no option but to send her to prison without the option of a fine.
Mr. Hugh-Jones submitted that defendant should not be refused bail, as she was a respectable wo-
ingn.
His Worship: Except on the ground, that, if I convict, she will be sent to prison without the option.
Mr. Hugh-Jones: That may be ground for raising the bail, but not for refusing it.
.
The Magistrate did not alter his decision, and bail was refused.
The question of fixing a date for hearing of the case was then dis cussed. Mr. Hugh-Jones suggested that the case be heard this after- noon, but inspector Murphy did not agree, saying that the date would not suit Mr. Butters.
It was not because of any desire to attract publicity to themselves, but it was with the object of fur thering their studies and of seeing the world and its peoples, that they embarked on this hazardous but adventurous undertaking,
The two Hungarians appeared to he enjoying the tour and related many thrilling adventures in the places they passed through. They had been in the desert three times nd it was here that the least pro- gress could be made as the sandy ground was not in any way con- ducive to good eyeling. They had a narrow escape in Syria when they were chased for some distance by six Bedouin bandits who, riding on The horses, kept firing at them. Hungarians' only thought then was to put as much distance as possible between their pursuers and them- selves. This was a difficult task, as the roads there, whilst familiar, to the Bedouins, were ütterly strange to the cyclists. Fortunate ly for the Hungarians, they succeed. ed in escaping:
Sutkowsky, who is a journelist as well, intends to produce a book describing all the adventures con- Mr. Hugh-Jones: If Mr. But- ters appears, I shall object imme-reeding to Japan and America, they nected with the tour. Before.pro- diately...
His Worship:
Why I
Mr. Hugh-Jones: He is not the complainant.
His Worship: He is represent His Worship: He has not the Authority to.
A sad feature attending the men far, as he was suffering from death is that Mr. Spitzauer had the wound in his back. When being the S.C.A. made arrangements to send his wife returned to the hut, he found the and child. Home this week, and it | rattan basket was missing. He was his intention to accompany handed the third accused's dogger them to Hong Kong. Much ex- to an Indian constable who had pathy will be felt for the bereaved arrived on the scene. Witness also wife and child, who are now here added that he knew the third de- waiting to leave by the s. Derf- fendant, as they were formerly Ringer on May 3.
partners in a business which fail-
Mr. Spitzauer was a native of od. Vienna and 40 years of age. He bad Yuen Tak, watchman at the riffe been seven years in the East, and range at Ta-ku-ling, Kowloon City, before taking up his position in Swatow, he served for five years with Mesars. Siemens (China), Ltd.,
the North.
Logs Strike the Pier. A: 6 p.m. un August 21, the de-in fendant's employees commenced. landing their timber. They pro- cecdied first with the lighter timbers In my opinion, the occurrence of and by twelve midnight they had the typhoon was so far outside the duly fanded everything except the normal course of things as to pre-
defendant.
six heavy logs. At this time it ap vent necessary implication here pears that a screw belonging to of neglige.ce on the part of the their apparatus fell into the has bour. "No spare screw was avail- able. Landing operations, there- fore, ceased and were not renewed.
+
Defendant's Inactivity. On the other hand, the defendant
cannot successfully rely upon the typhoon as an "Act of God," which will except him from liability. It remains, therefore, to enquire whe ther the plaintiff has established a want of due care on the part of the defendant forining the pro ximate cause of the damage.
His Worship: I think he has. think I went into that in 'on other case.
Mr. Hugh-Jones: Anyhow, we need not go into that now.
11.25 a.m.
hope to visit many parts of China? The cycle-combination which they are using is a Harley Davidson 1923 model. Except on one occasion, during a voyage from Haiphong to Hong Kong, when the ship experi enced much rough weather and the coil of their cycle got damaged, they had no trouble with their cycle. at all. On arrival in the Colony, the defect was at once remedied.
Mr. A. Gascon, local agent for The date for hearing was even Harley Davidson cycles, is arrang tüally fixed for Friday May 2, ating a run to the New Territories for the two world tourists on Sunday. The party will leave the Star Ferry Wharf, Kowloon, at T04.m., and motor cyclists who wish to join the party will be welcome.
His Worship (to. Mr. Hugh
said that when he saw the first de-Jones): There is this point you fendant, he asked where first do- are going to raise about wanting fendant was going. At this ques. authority. You are prepared to tion the first accused dropped the argue that 1 basket and ran. He was caught and handed to the Police, whom witness met when he was on his way to the Police Station.
The case was adjourned until 2.16 p.m. today.
MOTORIST'S OFFENCE. LANE CRAWFORD'S EMPLOYEE
MULOTED IN FINE.
Mr. Hugh-Jonés: Yes.
(to Inspector His Worship Murphy): Then perhaps you had
better inform Mr. Butters.
Inspector Murphy: It is quite a usual practice. We (the Police) put down the Inspector General of Police as complainant in 'serious cases, but he never appears to pre- secute.
Mr. Hugh-Jones: It is a amall point, and I have never raised it before. It is not on behalf of the defendant but on behalf of the pro- At the Central Magistracy yes-fession. Mr. Butters is usurping
our prerogatives. terday, Mr. E. Owen was Bued $5 for failing to produce his driving license when called upon to do so by a Police officer. Mr. Owen was also summoned for parking, his cer outside Messrs. Lane, Crawford's, but for this offence he was caution-
The defendant himself (who also knew of the typhoon's approach) came to his yard at about 9 a.m. on August 29. The weather was at ready rough. Realising the risics of the position, he gave instructions to bis men to secure the logs to rings on the praya wall (which was done) and he also endeavoured to obtain These logs were imminently dan the services of a launch to tow the gerous articles and were in a public lógs away from the pier (in which place, and it was, therefore, the endeavour be was unsuccessful). duty of persons having control of ed The typhoon struck the Colony them, to keep them innocuous su Defendant explained to the Court about 12 noon and damage occurred far as care can do so.
that he was employed by Mesars to the pier. During the storm, the in the circumstances, the defen- Lane, Crawford, Ltd., and had to Jugs broke loose from the praya dant's positive duty under the make a daily call.. On April 15, he wall. In my opinion the damage common law. Having notice of the went to town but found no parking to the pier was caused by the de approach of a particular and space in Pedder Street, opposite the fendant's logs.
serious danger, it was further the Post Office, so he thought it would defendant's duty to exercise par- be alright to park outside Lane, Crawford'. He left his car there ticular care in anticipation of it.
about ten minutes.
This was,
night on August 91, nor yet after
It was contended for the plaintiff, in the course of these proceedings, that in the circumstances the prin-
It was agreed for the plaintiff ciple of the cases cited in connection that no want of due care was shown with the maxim res ipsa loquitur by the defendant prior to 12 mid. will here apply. The following authoritative statement of this prin a.m. on August 22, but it was con- eiple is to be found in "Scott v. tended that the inactivity of the London Dock Company (1845), H. defendant between these hours after and O. 398. When the thing is warnings received, both public and shown to be under the management private, when, after the breakdown of the defendant or his servante, of the defendant's crane, it would and the accident is' such as in the still have been possible to- arcange ordinary course of things dock Tot for the TENUTA of happen if those who have the man phareola enfate constitutes agement use proper care, it affords figence, which entitles the plaintiff reasonable evidence, in the absence to succeed.
of explanation by the defendant, After consideration, I adopt this, that the accident arose from want contention and my judgment is of care."
given for the plaintiff for claim and costs, (Continued on next Column.)
MOVEMENTS OF H.M. SHIPS.
A. Naval wireless message states that H.II. ships to-day will be carrying oat night firing exercises, south and east of Waglan light
nethor message into the effect that HYS. Berwick will probably leave Devonport on May and will arrive in this port about June 15, while H.M.B. Suffolk will probably leave Hong Kong on June 15 for the United Kingdom, where she will be re-fitted and re-commissioned.
HONG KONG WATER SUPPLY.
CONDITIONS AT CHINESE EATING. HOUSES.
COMMENT AT SANITARY
"BOARD MEETING.
Minutes-by the-President relative to eating-house licences at 160 and 169, Queen's Road Central, 117 and 119, Wellington Street, were laid ou the table at the fortnightly meeting of the Sanitary Board yesterday.
Since the last meeting, the pre- mises had been inspected by mem bers of the "Board. Comment on the insanitary condition of the pre- mrises was raised by a member, and it was also pointed out that if the The total storage in the island premises had been regularly inspect- reservoirs on the morning of Loned every fortnight by the inspec tors, auch inspections and not been day, April 28; amounted to 644.57 million gallons, shewing a decrease thorough. There were accumule of 26.39 million gallons during the tions of dirt which must have been past week, the amount collected there over a very long period. from streams being 1380 million I was decided to allow the licences to remain under closer gallone.
supervision:
The week's consumption amount- ed to 56.68. million gallons, which includes 14.28 million gallons from the Shing Mun Supply.
Kowloon Water Supply. The total storage in the main laud reservoirs on the morning of Monday, April 28, amounted to 383.4 million gallons, shewing a decrease of 7.27 million gallons during the past week,
In the case of another eating- house at 70, Kremer Street, it was agreed not to cancel the licence.
There was no other business of public interest except the estimates of the Sanitary Department for 1931. The estimates were adopted, subject to the proposed changes which had been reported upon by a Committee.
Mr. G. R.. Sayer presided at the The week's consumption not in meeting, and members present were cluding Hong Kong supplies and the dion. A HIT FCKEY SEE "hion geltons denvered to iterDirector of Public Works), Da-W
V. M. Koch, MMK Lo, the boate at Tai Chi Kok, amounted to
Hon. Mr. J. P. Braga, Lt. Col. C. 28.54 million gallons.
D. Miles, O.B.E., RA.M.C., Mr.. Wong Kwong Tin, Mr. T. N. Chau, and Mr. J. Watson (Secretary).,
The yield from the Shing Mun River and streams during the week was 30.66 million gallons.
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