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HONG KONG DAILY PRESS, SATURDAY, JANUARY 3, 1931.
FATAL MOTOR SMASH.
JURY'S VERDICT OF "DEATH BY MISADVENTURE.”
ALLEGATIONS IN CHINESE
PAPER REPUTED,
In addressing the jury at the oneinding stages yesterday of the inquest into the death of Trifle Sergeant Post, Mr. R. E. Lindsell, the Coroner said: It is clear that the exact circumstance which led to this accident must remain a mat. ter of conjecture. In the absence of any eyewitness to tell us exactly what did happen, it seems to me that we could well accept the theory advanced by Sub-Inspector Saund cre to the effect that the deceased must have taken that curve at the scene of the accident at rather too high a speed and rather too far out. It may be, of courer, that there was some vehicle going in the apposite direction which drove him further out that be would other wise have done, or it is possible that he had to serve to avoid some thing. On this point we have information at all.
In any circumstance, I imagine you will agree in bringing in s verdict of"Death by Misadven ture."
There is one point on which would like you to express an opinion. In one of the lesser-known Chinese newspapers it was alleged that the deceased was under the in- fluence of liquor at the time. I could find no evidence to justify any such remark being published in the papers. In fact there is no such evidence at all. If you are so satisfied I shall invite you to add that the deceased was quite sober at the time of the accident.
I am sure your verdict will in clude an expression of sympathy to Sub-Inspector Post and the other members of the deceased's family.
If you wish to bring in any other recommendation as regards the im provement of the road at the corner in question, you are perfectly en- titled to do so.
ARSON TRIAL.
WITHDRAWAL OF CERTAIN COUNTS.
FIRST ACCUSED GIVES EVIDENCE.
ST. GEORGE'S BALL.
DANCE PROGRAMME FOR TUESDAY NIGHT.
The following is the dance pro. gramme to be given at St. George's Ball at the Peninsula Hotel on Tuesday This year's programmes à are not being sent to guests before. Evidenco for the Crown at the hand and those of our readers wish- Criminal Sessions trial of threeing to book up dances will find the
following list convenient. Chinesa on charges of attempted
The Programme, Ag Extra Blue is the Night. araon, conspiracy to commit arson, and setting fire to certain property Extra Rollin' down the River. Mikado. at 77, Wing Lok Street, concluded
Mistakes. yesterday at the morning eilting and in the afternoon Mr. F. C. Jenkin, who is defending the first and scoond accused, called evidence for the defence.
Before opening hie defence, Coun 1 addressed the abting Chief Justico (Mr. Justice Wood) on the ovidence adduced by the Crown, pointing out that there was no evi dence on all three counts fit for consideration by the jury.
Defence Submissions. Dealing with the first and third counts, Counsel said that certain overt acts were alleged, but there must be requisite evidence before a conviction could be brought No evidence of any, description had been adduced to show that the first and second accused were parties to any overt act.
1.Lancers 2-Waltz..... 3-Fox Trot
Pickin' Petals off Daisies. Fox Trot....Little White Lies. 6-Fox TrotMy dream momory, 6.Waltz.Indian Love Call. 7.-Fax Trot.........................
· She is such a comfort tô më. 8-Fox Trotunjitabia Swingin' in a Hammock..
9.-Fox Trot
Supper Dance
Living in the Sunlight, Loving in the Moonlight. 10-Fox Trot...Ragamuffin Romeo, 11.-Waltz
My Heart belongs to the Girls, who belongs to somebody ciso. 12-Fox Trat......
Have a little Faith in mo. 13.--Fox Trot
Lover come back to me. 14-Fox Trot ........
I'm just a vagabond Lover. 15.-Waltz...Some day I'll find you 10-Fox Trot.....
So beats my Heart for you. 17-Fox Trot
Singing a Song to the Stars. 19.-Fox Trot...I love you so much. The only overt act brought out in 19-Waltz The Kiss Waltz.
20.-Fox Trot evidence was that, the two men were
If I had a Girl Like You.. in the premises at supper time on 21-Fox Trot... Body and Soul, ......Deep Night. the evening in question, but there 23-Fox Trot...... was no evidence that they took part
God Save the King, ** in the net. That was a matter To assist guests to find their partnera illuminated lottors A, B, C, giving rise to muspicion, but not a and D have been fixed in the ball tittle of evidence had been pro-rooms. duced.
Acemasd's Evidence.
Counsel submitted that about 75 per cent. of the evidence rested on the charge of conspiracy, and it The first accused, giving evidence. this was detached there was nothing from the witness box said that he to support the other charges. was master of a nig-dealing firm in Counsel said that on analysis it
Dealing with the conspiracy, Macao. His visits to Hong Kong were in connection with the steamer. becomes clear that the Crown has | Wahi San, which was undergoing ro- not proved the requisito agreement, pairs at Shamshuipo. On these It must be shown that they were visits he stayed at the Tin Sang working together, and further it Tong, where his third son and son- much be patent to the jury that the in-law were partners. Previous to men are guilty of a common criminal that he stayed at 9, Queen's Street, Not Under Influence of Liquer. purpose. All the evidence that had which was the address given in the been brought against the second Admiralty action brought to recover The jury, without retiring, re accused is that he rented the pre- his boat, which had been seized by turned the following verdict: Wemises, if the evidence of the land-pickets in the 1095 strike and sold are quite satisfied that the drcensed lord is to be accepted at all. The to a man named Too Kim, met his death through misadven-witness had failed to identify the Accused continued that he had ture. We are also quite satisfied accused at the parade, but did so no interest in the business of the that the deceased was not under the in Court. Counsel finally submitted Tin Sang Tong, and with the iden influence of liquor at the time of that the criminal suggestion must of carrying on the business of his the accident.
be dismissed altogether.
steamship company he conted -a part of the second floor of 03, Con- naught Road West, from the Po Tai Company, the partners of which were as far as he was aware the
We recommend that the curve in the road should be improved, so far as the banking is concerned. The sido. channel, also, should receive attention, as we considor one which is not so deep would suit the road
better..
The jury would like your Worship to put on record our deepest sym- pathy to the family of the deceased, Evidence was given yesterday by Mr Daniel Young of Messrs. Criffith & Co., aho stated that he was walking towards Wyndham Street at about 2:30 on Christmas Day. He heard a crash behind hini and on looking round, saw a Euro- pean lying in the centre of the road. He did not see the man thrown, but he turned round in time to see the cycle fall over on its side.
He ran towards the man and found that he was unconscious and bleeding. Witness ran to the Cen- tral Police Station, arriving there at about 240 p.m. Ho found the Inspector-on-duty in the Charge Room and made a report. A Euro- pean Sergeant was immediately sent for and within two or three minutes witness left for the scene · úgain. | with the European Sergeant. While he was in the Charge Room, addeď. the witness, a European lady also
arrived to make a report.
Theory of Accident.
Sub Insp. 8. C. Sauniere, who examined the marks on the rondway the following day, gave it as biz opinion that the deceased was going fairly fast just prior to the accident and that he was very much to the left hand side of the, rond when ho took the sharp corner, Witness was of the opinion that the „droensed' must have run into the aide channel, hit the bank a glane. ing blow and awerved out on the roadway. Sergeant Post must have been thrown a fairly long distance. He was found twenty-four feet away. from the spot where the cycle marks left the side channel, and witness was of the opinion that docensed. must have been flung through the nir at least two thirds of that dis tance and rollnd the rest of the way. In answer to the Coroner witness said that if one got into side channel of the type in question while riding motor-cycle solle, it was practically impossible to avoid u spill if one intended to get out again. According to witness' ex- perience there had been no prey bits. Theeraent at the part of the Folly
Witness added that Sergeant Post was a good rider and be thought that deceased had no difficulty in managing the B.S.A. machine which he was riding that afternoon.
Accused denied that he had con-
Some Charges Withdrawn. After Mr. Somerset Fitzroy had submitted his views on the case as presented by the Crown, his Lord-same as those of the Tin Sang ship pointed out to the jury that Tong. the first and second accused were not on the scene at the time of the occurrence, and the charges of at tempting to sot fro and actually Betting fire to certain property in the premises must therefore be withdmwn. The jury would have to satisfy themselves as to whether thero had been a conspiracy be- tween the two accused.)
spired at any time with the second and third prisoners to burn down the premises at Wing Lok Street. He further denied that he had bad a conversation with a witness pre- viously about Insuranoz and the penaltica for arson.
Two More Days. The Court adjourned during the As regards the third lecused, his cross-examination of the accused, it Lordship said that two men were being stated that the trial would scen to leave the premises soon take another two days. The hearing. after the occurrence. Accused was will be resumed on Monday morn one of the men and there was evi-ing, his Lordship directing Mr. dence that he was on the scene. Fitzroy to arrange for the Victoria' All the three charges against the Gaol wounding case, the last on the man must therefore stand.
calendar, to be put over until next Wednesday.
(Continued on next Calumu.)
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