HONG KONG DAILY PRESS, TUESDAY, JULY 18, 1933.
JURY'S VERDICT II YUK AU TRICK “COPY” FOR
LOULD
STREET TRAGEDY POSITION OF STEEL BARS
HAVE BEEN CHECKY FINAL SPEECHES BY CONSEL
66
TO URY
was returned
A verdict of Death by misadver by the jury at the close of the ing into the collapse of the balcony at Yuk Sai Street The jury gave their findings of the reasons for the e of the collapse, and, in their course of their verdict, gested that the con tractor's foremen did not unde nd the details of the steel work, and the person persons responsible failed to do their duties. It was a
(recommended that mea. sures should be taken to dwith architects who fail to supervise their work, propf"
The afternoon was ded to speeches, Mr. F. C. Jen- kin, K.C. who appeare behalf of the contractor, addressing the Coronepad Jury first. Mr. H. J. Arm. strong next addressed
court on behalf of the architect
and Mr. M. K. Looke next on behalf of the owner.
MR. JENEN'S PLEA FOR THE CONTRACTOR
凤
la the course,
his address to once more that in an inquiry such the jury on bef of the contrac" as the one in which they were tor, Mr. Jeny reminded them engaged, the negligence which that their fing might send any would satisfy them would have to person come to the Criminal be a very much higher degree of Sessions of e Supreme Court on negligence than would satisfy a charge manslaughter. "That, jury in a civil action. he said, uld make them doubly careful efore making a linding that wld implicate his client or anybod else concerned in that very
unhappy occurrence.
asked the jury to suppose tt somebody had suggested that
e contractor was liable for man- Bughter. In order to find that, is would be essential for the jury to And four things, namely (1) that the contractor personally owed duty as to the possible use of the balcony, (2) that in the discharge of that duty he was negligent, (3) if the jury found personal negli gence, that that personal negligeaco was the cause of death, and (4)
Mr. Jenkin concluded, that there "I put it to you with confidence," has been no criminal neglect of duty by the cotractor in this case,
ADVERTISEMENT
CHINESE NEWSPAPER
SUMMONED
ROAD
NEWSPAPER ΤΟ PAY DAMAGES
DES VOU
SHOP RAIDED
CHINESE WIDOW
LIBELLED
Ho Ah Suen, editor, and Wed Belore Mr. Justics Lindsell yes- Man Chi, publisher of the Truterday, Yeung Sai Tool, widow, of Fan Yai Po were defendants in a 30 and 36, Main Street, Shaokiwan summons before Mr, Wynne-Jones East, sued in one action Tang King yesterday. It was alleged that an Chiu and Cheung Suk Chung, pub advertisement for thể "Lai Chee” | lisher and editor respectively of the and "Rose" brands of tea (pro Tin Po newspaper, and in the ducts of the Wah Song Tea Mot-other delion, the Kwok Man Print chanta) appearing in the paper con- ing Company, and Fung Wing tained an indecent drawing.
Hang, both of 251, Nathan Road, Wan Chi Ming, manager of the Yaumati, printers of the paper for tea merchants, also appeared be. libel. fore the Magistrate.
Mr. W. P. Thompson, Assistant Director of Criminal Intelligence (Special Branch) appeared for the prosecution, while Mr. Leo D'Al- mada, senior, defended Wan Chi Ming, and Mr. C. Y. Kwan repre Rented the editor and publisher. The care against Mr. Kwan's clients was adjourned sine die and the summons against the tea mer chant was proceeded with.
-Mr. D'Almada told the Court that although his client pleaded not guilty, he was prepared to give an undertaking not to use the picture again. He thought the Police should be satisfied with that undertaking.
Mr. Wynne-Jones--When the picture was shown to me there were certain' Chinese characers, which I understand "There is a hidden meaning in this picture."
to meta
Mr. D'Almada-There are many constructions that could be put on those words.
Mr. "Thompson said the Police The picture was an advertisement were not prepared to withdraw, for Laicheo" and "Rose" brands of tea and on turning the paper upside down, and by placing heads, the picture thus revealed two fingers over the two ladies' was, the Police submitted, inde cent
and I put it to you also that you should absolve him from any res-Thompson agreed that his attention Under cross-examination, Mr. ponsibility whatever."
was drawn to the picture. Re could read Chinese.
The Case for the Architect.
The claim was for $1,000 in each case.
Mr. F. Rendell, of Russ and C., appeared for plaintiff, and Mr. A. el Arculli represented the defendants
It was alleged that on June 8, defendants falsely and maliciously article relating to the plaintiff wrote, printed, and published an under the heading "A record of eccentric characters in Shaukiwan, by the Keeper of the Tam Kung Templo."
were
Passages in the article meant, and were understood by those who read them to mean (n) that plaintiff was the low and immoral character, unchaste in her mode of life, (b) that she way pro miscuous with numereas men. "".
SKILLED. AND BRUTAL GANG GET $11,000
·Gaining admittance into a shop at 175 Des Voeux Road in the early Bours of this morning, seven armed robbers, who are alleged to have worked in collusion with a foki with in the shop, threatened the master and his family of thirteen with guns and daggers and after cowing them, leisurely ransacked the place and left with money and valuables maresed at $11,000.
The owner, reported to be "a. somewhat old-fashioned gentleman. had secreted his cash and jewellery in various parts of the premises, there being no safe. It was through the treachery of the foki that the various hiding places of the valuables were ferretted out by
the robbers.
It is reported that the robbers conceived a diabolical plan to com their victims. After they had been secured, kerosene was obtained and poured over their heads, and match was brought into play quite near them as an indication of what they might expect if they dared to raise an alarm.
ទ
The affair occurred shortly after 34,m. yesterday morning and the robbers proceeded without haste fore daybreak. The shop presented about their task. leaving just be
a chaotic state in the morning, when it was seen that furniture Defendants threatened to con and piece-goods had been turned or similar charges against plain-search for money and trinkets. tinue the publication of the same over indiscrimately in the robbers tiff who had already been greatly The goods in the shop were left injured in her character and re- alon't, putation, and had sufferød damage.
His Lordship pointed out that the main issue was contained in tended that plaintiff was not the that part of the defense which con-
person of whom the words were written. The onus to prove the contrary was upon the plaintiff.
Mr.
Old Residents.
Rendall stated that his
for 40 years. The reference to the client's family were well-known in Shaukiwan where they had lived
"Lysol Girl" connected the article He agreed that, the picture, uplated to the girl referred to by with plaintiff because she was re right, was not indecent, but there Mr. Armstrong, addressing the was something more in the picture been an article on this girl for There had previously marriage. jury, said he associated himself than the advertisement itself. Rabetantially with what Mr. Jen. Mr. D'Almada-Something
which an apology had been asked like kin had said. "As far as the what you find in Christmas crack phrase the Merry Widow. was a and given by the editor. The liability of the architect was con- ers. corned;" he said "you will have to Yes, I know.
Those puzzles, you know?-boat woman but she now lives pay regard to the same points."
ashore," was also applicable to his Wan Pak Ki, advertising-can-client, but the statement that she It was for the jury to say whevasser of the Tan Van Fat Po, lost her husband three years ago if the contractor was to be found ther the supervision by the archi- said he did not pay any attention was incorrect as" the husband died criminally responsible, the jury bect in this case was reasonable or would have to find a very much otherwise. He pointed out that it higher degree of negligence than had been held that it was not the would be necessary for a verdict duty of the architect to see to all in a civil case.
do 80.
minor details that would render
to the printing block as the Wak seven years ago Sang was a respectable firm.
He did not are the four charac. ters in the middle of the picture.
Reading the characters, witness said that from them he would un derstand there was another mean The newspaper had often received taining four characters.
the carrying on of the architect's supervision an impossibility.
Mr. Armstrong said that there ing in the picture,
Magistrate-After you read those four characters you would realise that this is a trick design?-Yes,
How do you set about finding the trick - never try to find the trick
Kendall said that plaintiff heard After the article appeared, Mr.
as herself wherever she went. Even references to the "Merry Widow" if it was true that the words were not written of her, they were taken by her relations and friends to mitted, the claim would not be apply to her and therefore sub-
affected.
Plaintiff then went into the wit. I ness box and gave corroborative evidence.
*
No cross-examination of the wit- ness being made, Mr. Rendalf ask- You never try to find out whated that his client's evidence be they are 1-No.
taken as proving his claim, Magistrate-If Vott take my advice you will be a little more na careful over trick designs.
As regards the duty of the con tractor, Mr. Jenkin said that there were some obvious duties, such as the supplying of proper materials was no reported case in England and the providing of competent in which the architect had been trick advertisements before, con workmen. Mr. Jenkin submitted that the contractor had carried out found to be criminally guilty of manslaughter. That showed how these duties. With regard to the far the architect had to go before question of supervision, then he could be found guilty of such tractor of course had to supervise charge. the work or employ an agent to
The architect, he said, could not The evidence had shown be held responsible in a case where that he had employed such a fore the owner insisted on superceding man, and moreover the architect
the architect's judgment. There had not objected to the foreman
had been a considerable conflict of though he was entitled to do so if evidence in the casa as to what the he found, any fault with him. Fur owner's foremen did and what they ther the contractor himself gave a contractor himself gave a certain
showed that they were perpetually amount of personal supervision interfering with the work. If the and there was evidence that ha visited the site twice a day and jury believed that the owner's fore- stayed about an hour on each occa sion. I put it to you that that supervision was nothing other than it should have been,' anid Mr. Jenkin.
"The Usual Care."
there were
for. 'The
evidence
men did interfere with the work, then the architect could not be held liable for anything that might from that jater-
have resulted ference.
Mr. Arculli mid he was calling evidence because even if He could prove that the article was not Wun Sing, advertising manager, written of Yeung Bai Tsoi, yet it said he could read the characters was understood and read in that inthe middle of the picture but light, and His Lordship would did not know their meaning. the characters, would that raise
Mr. D'Almada-If you did notice judgment against him accord-
ingly.
doubts and your mind 1-No.
The hearing was adjourned,
The Lysol Girl.
In reply to his Lordship's re- quest for proof of plaintiff's con- nection with the "Lysol Girl," the
i was called,
Mr. Armstrong said that it was very difficult to believe Mr. Kwok's and Armstrong had not spoken It was part of the contractor's denial that he took a great inter's at alli
The witness, a good looking girl duty to see that the architect was in the work. He submitted that it Spiking as to the cause of of 20 years of age, told the Court brought upon the scene before the was of the greatest possible inter- death, Mr. Lo said that there was that she fell in love with a Chinese cement concrete was filled in. The est to the owner how the work was no dispute about that. It was actor some time ago and when, re- evidence showed that the contrac proceeding, and he had no doubs conceded by everybody throughout proved by her relatives, drank a tor did in fact, do this. "What that the owner was present on the the inquiry that the collapse of the quantity of lysol. She recovered elee is there that it is conceivable site practically every day. I ask verandah was caused by the steel but had ever since been known as that this man should personally you to consider why he should bars in the cantilever balcony slap the "Lysol Girl." She added that have done " hé a.ked.
go to the extent of denying being placed on the bottom, when the article referred to, herself and
What it at the top. The structure was Sai Twoi with whom the lived. something to conceal.
therefore in violent deviation from the plan, and was fundamentally wrong and bound to lead to disas
THE VICTORIA "LEAGUE.
ASSISTANCE TO BRITISH SUB- JECTS VISITING ENGLAND.
The Honorable the Colonial Secretary, Chairman of the Victoria League Committee, sends us the following account of the activities of the body in helping British sub-
Educational matters: jeats from the Colonies on their arrival in England, particularly in
...The Victoria League in London, among its other activities, renders assistance to British subjecte from any part of the world who go to England, more especially for pur- poses of education. The League “is prepared to render assistance in the matter of finding quarters, ad- vising on educational matters, as far as possible helping in regard
to admission to the universities,- giving facilities for visiting places of interest, and generally in bring- ing students into contact with Eng- kindly consented to render such lish social life. The League has
assistance to British subjects going to England from Hong Kong. consisting of local committee has been formed,
A
Hoa Colonial Secretary, (Chair-
man).
The Vice-Chancellor, University of Hong Kong (Vice Chair- man).
Hon.
Secretary for Chinese
Affairs.
The Director of Education. Hon. Mr. S. W. Teo, O.B.E..
LLD.
Hon. Mr. T. N. Chau. Miss Ales Kwok...
Inspector of English Schools Education Office) Joint Hon. Secretary (Hong Kong).
Mr. Tao Taun On. Joint Hon.
Secretary.
Such persons as may wish to avail themselves of the assistance of the League should apply to one of the Honorary Secretaries, with a view to obtaining a letter to the Secre- tary of the League in London.
NEARLY CHOKED BY A COPPER
Dealing with the law Mr, Jen- this, and in my submission, he hail in fact they should have been placed her love affairs and also to, Yeung dexterity of a Chinese doctor. It
was, I cannot say. Those foremen did something else than to act as foremen."
kin said that the contractor was required to take the care that was usual in this matter. The usual course to be taken by contractora was to provide competent men and Continuing Mr. Armstrong said foremen and to go to the premises that in this case that if the jury periodically to satisfying himself found Mr. Lane guilty of negl that everything is going on pro- gence, they would have to disre perly.
gard entirely the evidence that he
was difficult to believe that the
they were found.
the work.
ter.
that no one was responsible for Mr. Lo said that if it was held the collapse, such a decision would send a shudder through the Colony There could only be three per
Arculi expressed regret at the On behalf of his clients, Mr. offending publication and said that if an apology had been asked for, paper hdd now ceased publication. it would have been given.
His Lordship said it seemed in comprehensible were ignorant of plaint.ff and her defendants
that
The
Continuing, Mr. particular circumstances, and judg there were two theories as to the with regard to the steel bars. In the architect and the contractor.
ment would be given against the Cure of Oreo whether the Tong's attendance periodically to Lo argued, that a man who paid amount claimed, $1,000, and costs. cause of the collapse, and the point his submission, Mr. Lane's and Mr. With regard to the owner, Mr publisher and editor jointly for the bara were laid as per plan or whe inspect the bars was sufficient "to 19140,000 to a contractor to ther they were laid as found. 1 constitute reasonable supervision of houses, and 87,000 to an architectprinters, was adjourned until Fri- build The second action, against the
rods were not in fact laid down 18 in this case, there is no evidence that such a man prima facie could I Barticulars were exactly the same.
My submission therefore is that to build, and supervise the house, day, Mr. Arculli stating that the before you which is sufficient to tive design or defective; construc
not be held responsible for defec An application by Mr. Rendall A clause in the specification stat find Mr. Lane guilty of any negli tion. There was a suggestion by for immediate execution of the ed that the architect was the sole gence. judge as to whether the work to be
Mr. Armstrong, he said, that the judgment was refused by His Lord- owner was in some way responsible a hardship on the defendants who ship who said such action might be
were not necessarily morally res- crete. Ha submitted that that
Porisible. must be thrown overboard after
た Mr. Moore's evidence, because the whole thing was not a question of ramming at all.
done conformed with the work as MR. M. K. LO'S SPEECH FOR because of the raining of the con
planned by him. As far as the contractor was concerned, there was nothing more to the case once that fact was appreciated. If the ar chitect passe the balcony as bo ing in conformity with the plans, the case against the contractor was absolutely at an end.
THE OWNER
Mr. M. K. Lo profaced his ad- dress by assuring the Coroner and the juty that he did not wish to take advantage of the fact that he had the last word. "I can only Mr. Jenkin atated that it was say that Mr. Jenkin has very fair-
A Big Responsibility. With regard to the owner's posi-
possible that the collapse mightily addressed the jury. I propose tion, Mr. Lo said he was not try prove to be the subject of civil ac- to address you as if Mr. Jenkining to be flowery, but Mr. Kwik tion, and, he reuninded the jury (Continued on next column).
(Continued on Page 11.)
grounds of the house but did not trouble to make investigations at the time. A notice warning the public not to trespass on private property, particularly at night when it is dark, has since been issued by the Tungahan police..
CANTON CHILD'S ESCAPE, .
The life of a six year old child was saved at Canton on Sunday afternoon by the timely arrival and
which became lodged in the throat, Would seem that the child had ac cidentally swallowed a copper coin,
and was gradually suffocating. On his arrival the doctor, who hailed from the Yuen Kee Company, éx- tracted the coin with a long pair of forceps. The victim of the ac and little the worse for the peculiar cident is reported to be doing well happening.
TRESPASSER FALLS DOWN
A WELL
TRAGEDY IN CANTON SUBURB.
on
Said to have been trespassing on private property, Chinese met his death by falling into a deep well at Tungshan, Canton, early Saturday morning. The well is. ritated on property owned by the Hung family well-known in the dis trist, one of the members of which stated that he was awaken early by the barking of dogs and the sound" of, fosfátóps. He presumed that someone was walking in the (Continued on prévique column);
WHITE SHIRT
#
VALUE
$3.95
in all sizes if to 17 neck.
Our White Shirte for Day or Sports Wear at $3.95 are real value. Made from a good quality Long-cloth that will withstand the hardest wear and washing, they will uphold Powell's reputation for quality and service.
Stocked for Day wear with Double Cuffs, and for Sports Wear with Polo or Open Collars with long or short Sleeves, id Coat or Pullover Styles.
"ATLAS"
WHITE POPLIN SHIRTS
128801.
$6.75
These need no introduction to our Hong Kong Clientele. Covering many years they have gained in popularity each Perhaps better known in the Tennis Styles they are now being shown in all sizes for Day Wear as well, in Coat or Pullover from 14 to 1* Styles
They wash wall and always look white and clean.
netk
"Bolms" and "Tremola" Poplins, White "Longcloth" in a very superior quality, and Mercerised" Cotton will be found at
$8.50 this price, also White with White Stripes.
They are all popular lines with us and guaranteed to give complete satisfaction in every way.
Wm. POWELL, Ltd.
The Gentlemen's House,
9, Queen's Road Central.
EDDYSTONE
THE
BEST SHORT
WAVE
RADIO SET
ASK FOR PARTÍCULARS AT
1HE ANDERSON MUSIC CO., LTD.
DO YOU KNOW WHY
LANE, CRAWFORD'S
UPHOLSTERY
LASTS A LIFE TIME?
BECAUSE - First Class
materials are used throughout.
BECAUSE Seventy Five years of experi- ence in Hongkonghas taught us which are. the best materials to use, when climatic conditions are a predominant factor.
BECAUSE We utilise the best possible, workmanship, which is always under direct European supervision.
LANE, CRAWFORD, LTD.
Furnishing Department.