BROPHY ARRIVES AT TRAFFIC SUMMONS

KAI TACK.

DISMISSED.

HONG KONG DAILY PRESS, THURSDAY, FEBRUARY 12, 1931.

OLD ESTABLISHED FIRM FINED.

SIGNALLED BRITISH DES GARDEN ROAD INCIDENT WINE SUMMONSES AGAINST

TROYER FOR' BEARINGS.

HOPS

@PE TO CANTON

Mr. G. W. Brophy, of Messrs. LE Gale & Co., who is on fight from Shanghai to Manila, and who had been held up several days in Swatow on account of bad weather, put in an unexported ap- pearanco at Kai, Tack Aerodrome yesterday and after a stay of about two hours left for Canioù..

CIVIL SERVANT AS DEFENDANT,

Mr. A. W. Hodges, an engineer of the P.W.D., was summoned yes. lerday for disobeying a traffic sign: al given by a pointsman at the junction of Lower Albert and Garden Roads, on January 31,

NAM HING LOONG.

POSSESSION OF DUTIABLE LIQUOR.

SUMMARY COURT SENSATION.

INDIAN IN LOAN 'ACTION" ARRESTED.

BODY FOUND IN HARBOUR.

POSSIBLE SOLUTION TO MYSTERY.

TO BE TRIED FOR PERJURY, BODY IDENTIFIED AS THAT

OF PTE, JAMES / McMANUS,

Money-leader's action," The manager of Mesura, Nami which three clerks in the Hong Whilst on patrol duty on police Hing Leong, one of the older, firma Kong Electric Company were launch No. 5 about 11 am. yestur- in the Colony dealing in European concerned na defendants, had a sen, day, Sergeant George of the Water wines, was finod 84,000 by Mr. E.entional ending at the Summary Polico discovered the body of a H. Williams at Central Magistracy Court yesterday, when Mr. Justice European floating near Kowloon The case was takon before Mr. Ryesterday for foession of dutiable Jacks held that the plaintiff. Fauja Wharf No & and when this was L. Lindsell. Mr. Hodges plended liquor and for the iss of false re- Singh, had committed perjury recovered, it was identified ne the not guilty."-

venue labels on some bottles of wine and directed that be bu tried be body of James McManus, the soldi- The airman left Swatow, at 9.151

A Shantung constable tostified found on the premises.

forea Magistrate. Following hiser from the Argy! & Sutherland 4.m; on Wednesday, his intention that at 9.16 am. on January 31, he

Entering a plea of "Guilty" on. Lordship's decision, the Indian Highlanders who was reported, originally being to fly direct towns on duty at the junction. Hobehalf of the defendants, Mr. M. was taken into custody by the Head missing on this night of February Canton but visibility was bad and first saw car 738 driven by Mr. Lo said that be wished to point Bailiff Mr. Millington. the weather was so thick that ho Hodges stationed a little below the out that the firm was one of the Fauja Singh suod F. Remedios, This parisps is a possible solu had to land here. He had to fly Tramway Station. A motor cycle oldest in the Colony as it was estabFA, Robertson and H.E. Vieiration to the mysterious disapposr at an altitude of between 150 to 300 driven by Trafle Sergeant Bakortished in 1970. The defendant him or two promissory notes for 8300 ance of a European into the har- feet practically all the way. On was coming out of Lower Albert sell had been manager for over and $400 respectively. The amount bour, as reported by Mr. R. Gose, his way the airmon met a British Road. Approaching the post, the twenty years. The firm had hold a | actually leak on the two notes was

third officer of the IL MA destroyer and he signalled the Sergeant signalled that he wanted

very enviable record.

8350, for which the plaintiff oh,

S. Empress of Japan in the Just prior to the happenings intained notes for double the amount

early hours vessel, asking where he was, having to proceed down Gardon, Witness

of February 5 lost his bearings, somewhat. The gave him the right of way by this case, said Mr. Lo, after the following usual custom." Mr. A

In his report; the officer said that at about 2 am, he saw BILLI people on board succeeded in maktending his traffic stick on his left avenue Olicers had visited the et Arculli, who appeared for the whore name was unknown go on board the linor, He was then ap ing him understand that he was arm.

shop, a clork who had been employ plaintif subsequently withdrew parently under the influence of li near Bias Bay, and as he know that

Prior to this he noticed that Mr.ed for over ten years with the firm, room the case.

quor. After a fow minutes the point, he had no trouble in getting Hodges' car was about 13 or 14 and who was in charge of the par-

man left the boat and walked to yards up Garden Road behind him ticular branch of business ovor

the and of the wharf whon.ho fell He landed at Kai Task at 11.10 It had come up Garden Road and which the summonses were involved,

into the water. He appeared to be in difioulties so Mr. Goso threw a.in. where Mr. A. W..Summers of had stopped a little below the Peak disappeared. Officers of the Refendants, contended that these lifebuoys into the water but the the same Company awaited him. Tramway Station for someone, to youto Department could testify to notes had been embodied in a later man ignored them and swam away. Bir. Summers was originally in nlight. As the Sergeant was ap- Canton making arrangements for roaring from Lower Albert Road,

Suddenly he disappeared from

his arrival, but on receipt of a cable this car turned round and came advising him that the airman was down the road. It had not turned making for Hong Kong, Mr. Suin- when witness first gave the signal aners harried down to greet him.and right of way to the Sergeant. We understand that he has again left for Canton,

hore.

Mr. Brophy had intended to stay here longer at first but as the wea- ther promised to be good, he took the opportunity of taking off for the Chinese port at 1.15 p.m.

NEW CHINESE

RESTAURANT.

FORMALLY OPENED BY 612 SHOU-SON OHOW.

Grazed His Stick

Old Notes Kopt Back,

Mr. P. M. Hodgson, for the de-

view..

Mr. Gose then raised an alarm-

the fact that the man was entrusted note for 8600 upon a further loan with the work of sending in re- of $100, and that the plaintiff fail. turns and looking after labels and ed to deliver up the old notes which attracted No 6 Police launch to the goong but despite the fact other work in connection with the which were produced in the Pred a search was carried out for wine. There is no doubt," said sent action. In fact the defendants about an hour in the vicinity, no Mr. Lo, that this man had been bad barrowed only 8500 in all, but signs of the man were found. Ac doing a lot of things he should not they had signed a note for $1,000, cording to the report, the man op. peared to be about 25 years of age The defendants gave evidence in and spoke with a strong Scots ac have done."

corroboration of their solicitor's cent, statement.

Mr. Lo went on to point out that had his client intended to embark on the crime of defrauding the re- venue there would have been a false set of books and other similar hap- perings, but in the case of the

Continuing, witness said that the car cane down and passed witness on his left. It was so close that it grazed his stick. The Sergeant, was compelled to stop to avert, a collision. Carrying on down the road, the car was followed by the Sergeant on his cycle. Presently,Nam Hing Loong, everything was the Sergeant returned and handed above board and available to the

report to witness.

Mr. Hodges Didn't you give me, the all-clear signal before I started from the parking place? (Mr. Hodges explained that the The now Chinese restaurant at

parking place referred to was just 26, Des Voeux Road, Cantral, was

below the Tramway Station, at the formally opened yesterday by Sir Shou-son Chow, in the presence of northern end of which he had

stopped): a large gathering of prominent Chinese residents. The restaurants which is one of the biggest in the that I gave him the all-clear"

signal. Colony and is woll furnished and beautifully decorated with silk kangings

In declaring the restaurant open, Sir Shou-son Chow said that a Chinese restaurant was exhibited at the Wembley Exhibition, in 1924

and was po successful that many prominent Chinese, particularly Messra Woo Siu Kin and Lam Tit Shian, who have now become the supervisor and general manager of the restaurant respectively, decided to build ore in Hong Kong The arrangements will follow those adopted at Wembley, the food being served in porcelain dishes in place of silver. The speaker concluded Ly congratulating and thanking the committee and those responsible for the arrangemente

Witness: It is not correct to Bay

Mr. Lindsell (tó witanes): Ho (Mr. Hodges) may you actually { saw him turn.

Witness: When I looked as the car, it was discharging a passenger, I did not know he would turn round po soon.

Mr. Hodges I cannot quite be love that. I don't think there is anything I can ask this witness He does not agres that ho gayo me the all clear signal.

Replying to Mr. Lindsell, witness said he was facing up Garden Road, when he became conscious of the Sergeant's approach behind him by the sounding of a horn. Mr. Hodges, witness declared, had not then turned round.

Mr. Lindsell: You then swung completely round and faced down

Yos. the road.

Sergeant G. Baker, in evidence, stated that he blow his horn when within 60 or 70 yards of the pointa

man,

The Magistrato: He says he was facing up Garden Rond when he SZE YAP STEAMSHIP CASE first saw you He was facing down

when I saw him::: CONCLUDED

You did not see him swing. round 1-No,RES

JUDGMENT RESERVED.

Gaye Right of Way.

Revenue Ofoers.

Apother clerk named

Costa, who was also concorned in the earlier transactions with the plaintiff, also bore out the story of the defence.

Giving evidence in the afternoon, Mr. O.. G. Silva said that he was head clerk of the Hong Kong Eler, Mr. Taylor concurred with Mr.tric Company and worked imme Lo that the clerk named had run disfely under Mr. Jarvis. He was away and he also agreed that that requested by Mr. Jarvis to investi. clerk used to sign permits, etc., and gate how much money was owing was more or less in charge, but, hot the money-loaders by Romedion. pointed out, that fact did not and on doing so found there were axonerate the owner of his respon- other clarks involved in the trans- sibility.

action

It was stated that the amount of duty which should have been paid

was about 81,400.

drove up Garden Road and stopped just below the Peak Tram Station, his intention being to turn round Before turning round, defendant claimed that he received the “all.

olear" signal from the Chinese traffic officer on duty near that point

Half way across the road the all clear" was still signalled but when defendant had passed the constable, he had a vaguo impres

Mr.

During his investigation witness discovered that there were two

notes, ono for 9150 and the other

· før 8900, which are the subject mat ter of the present action. Witness was told that these notes had boen canelled and another made out for 8500.

Dne Home Shortly,

En-

Our representative made quiries last night at the Sham- shuipo Camp regarding the iden- tification and was told that the man was recognised by the clothes he wore which bolonged to anothér- member of the regiment. The funeral has been arranged to take place this morning but up till o late hour last night the time lad not yet been fixed.

The deceased was about 25 years of ago (this tallies with the des cription given of the man by the officer of the Empress boat)" and bad about seven years service with the regiment Ono particularly sad noto wag thát his time, was up and that he was dueTM Homo shortly. He was unmarried but it is understood he has some, rela- tives at Home.

CRASH AT KAI TACK.

FLYING CLUB "PLANE BADLY DAMAGED.

Settlement at the Office. Witness continued that early in LADY FLYER LANDS HEAVILY, November last the money-leaders were called to the office and paid off in the presence of Mr. Jarvis. Fauja Singh, the plaintiff, was the

ston that the signal was changed last man who came for acttlement, and thought that it was intended and he produced a note for 8500. for some other our that was coming This was settled, Mr. Jarvis refus down the road behind fim. Hodges explained that at a pointing to pay interest for two months two yards above the constablë ho saw a traße police man on a solo

which was claimed by plaintiff. motorcycle approach from Lower

When plaintiff was paid off, wit- Albert Road. That motor-cyclist ness asked him whether there were the prosecution alleges that the in the negativo. Plaintiff did not was about fifty yards away." If any other claims and ho replied constable gavo me the all clear highly dangerous to do go capecially $300 and $400 and made no men- signal, then I may say that it was produce the promissory notes for as he had already given me the

all clear signal.

tion at them

Summons Dicmissed.

After taking off excellently in the Flying Club's seaplane on Tuesday afternoon, Miss S. Brown- ing, who was flying solo, came to grief when the plane made a somewhat heavy landing. She was, fortunately, not hurt, escaping with a shaking up." The plane,

on the other hand, is more seri- ously damaged than was at first reported, and according to an eye- witness the propeller and under- carriage were badly smashed, and

it will be available for flying the machine will perips have to undergo extensive repairs before

again

Just before the mishap, Miss J. Mackio went up sole. She took off very well and her landing Was In answer to Mr. Hodgson, wit-perfect but although Miss Brown ing was just as succesful in hop ress said that the money to pay ping-off, she alighted rather heavi for the promissory notes came from ly. We understand a meeting of Ara. Remedios, who was prepared the committee has been called-to to pay anything owing by her son. Inquire into the wash, but nothing has yet been divulged though: it has been stated that as a result of the mishap, the Club's solo work will be suspended for some time.

Witness, in answer to a question

Mr. J. H. Bottomley was called as witness for the defence. Ho said that he got out of Mr. Hodges The Sze Yap Steamship action et query, said he received the signal then stood by for a few minutes to Witness, replying to another car at the Peak Tram Station and the Supreme Court, which is carry on when within 10 or 18 watch the car wing round and sequel to a dispute between two yards of the constable.

"Ho hold. parties of shareholders for the right his left arm with the stick in such down the road. He saw by his Lordship, said that he could the all-clear given to Mr. swear to the fact when the to control the business of the Com

Hodge. When the constable saw plaintiff produced the document the traffic sergeant coming along pany, concluded yesterday forenoon

Lower Albert Road hd turned round for 500, he was asked if there when Mr. Justies Wood recurved

aud gave an unintelligible signal." I were other notes, and he said there Despite the signal, the car went Witness saw sergeant Baker nod judgment

straight past and down Garden his head to the Chinese constable, Road aerom witness bows Witness and although he watched the latter Pulled up before this, and there for two or three minutes, he did ly suro?—Yes. was no danger of collision. Ho followed the car and stopped it at nabee him make an entry in his

Mr. Eldon Potter, E., in his final address on behalf of the plain. tiff dealt with points of law, and submittted that the notice, which

a position as to give me the right of way while deburring nil doen going trafic along Garden Road, said witness,

notebook.

the Star Vercy. Defendant was at The Chinese Constable on point

were nons

Hi Lordship: Are you definite-

Judge's Decision,

In giving his decision hi, Lord

PRESS CENSORSHIP CASE.

PROSECUTION UNABLE TO

PROCEED.

canbodied both meetings, was good the waspi, and when told he had duty was recalled and his notebook chip said that either the plaintiff papers for alleged broach of the |

in law,

was exdinired by the Magistrato.

disobeyed the constable's signal, Fremarked to witness that ho was

The constable claimed that ho mnde gave false erdanco or the defon After dealing with this point, sorry.

Mr. Lindsoll: Supposing that the time. All be noted was the number

a note of the defendant's car at the dants made gross misuse of the

The summonses against the editors and printers of four Chinese news- censorship regulations were dis missed by Mr. R. E. Lindsell yes- furday when the prosecution, repre-

indicated that they were not in a

Counsel said that on the ovidence constablo bad fires given the car of the ear. In answer to the Magis.Court to gain an advantage, but anted by Mr. T. 8: Whyte-Smith,

Figs would barg nglung to do with i coming and switõuk be powers aftarward, written in hyd

the directors had made it clear that the right of way and then saw you trate, witness said that the words he was of the opinion that the deposition to carry the ease any fur

to you 11 La prissinomingoede voor de h -the-confirmatory mooling, becane would you day num

one Judgmary would therefore the resolutions were not put to the

Witness replied that the constable Sergeant Bakeran Brat meeting. The directors, how had the stick held up to his own number of the car was writton first, Addressing the plaintiff, his ever knew that a confirmatory view for ten seconds. meeting had been confirmou, and that on the morning in question heplanation, his Worship dismissed mit him for trial before a proper Giving evidence. Mr. Hodges said by Sergeans Bakor. Failing an ex-Lordship said that ho would com they had no right to stand by and. do nothing.

** (Continued an next Uolumn ) the summons.

Court for perjury.

The Magistrate aksed why, if the given in favour of the defendants.

it appeared below the entry' madó

explaining be mrosecution's position, Mr. Whyte-Smith said:-- The Chngor, who was referred to at the last hearing is not available

der the bircumstances, we cannot and we cannot get him. He is ab viously an essential witness and un-

take the case further."

FK

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