THE CRIMINAL SESSIONS
Open With Ainsworth Trial
CHINESE RACING MOTORIST IN WITNESS BOX
66
Abraham Edward" Ainsworth, a 36-year old employes of the Star Ferry and former ex-naval heavyweight boxer, was charz- ed before His Honour the Chief Justice, Mr. A.DA. MacGregor at the Criminal Sessions yesterday with the manslaughter" of a Chinese male named Ma Ho Tai by knocking him down on February 1 with a Ford V8 at the Nathan and Jordan Roads crossing.
Mr. J. A. Fraser, Assistant Attorney General, appeared, for the Crown, and the accused, who pleaded "not guilty" was represented by Mr. H. C. Macnamara, instructed by Mr. J. M. d'Almada Remedios,
I
The following jury was empanelled. Messrs. J. Smith (foreman), G. F. Santos, Ma Kwok Hong, Sverre Odland. W. M. Bitter. G. E. Stewart and C. L. Rocha.
"The Greater The Speed
on the accelerator instead of the foot-brake. The accelerator was very sensitive. Не might have put his foot on the accelerator on this occasion and he might not have done so. He was not in o
understand that the car was in very good condition.
Mr. J. A. Fraser, Assistant At- | difculty, as he had put his foot torney General, conducted the case for the Crown and intimated that an important point of con- tention would be whether deceas- ed 'was about to walk straight across Nathan Road just north of the crossroads. $3 the Crown | huïry and he had been given to would seek to prove, or whether he was crossing Nathan Road "ob- liquely from the traffic island in the centre of Jordan Road east.
At the oustet. Mr. Fraser cê. marked that the case had at- tracted" considerable public - tention and it Was Important that the jury should exclude from their minds anything heard or read outside the Court.'
The Jury were provided with elaborate plans of the road.
Continuing. Mr. Fraser said the.. prisoner was alleged to have driven his car in Nathan Road at a rate which he knew was dan gerous Prisoner had obtained his driving licence seme seven months before the accident and was accustomed to drive a Che vrolet car. On the day in ques- tion, however, he left the Star Ferry in a Ford V-8. which he was trying out. He had driven #this car twice previously. but It was common ground, as accused would admit himself, that he was not so familiar with that car and was not quite so comfortable in it as in his own.
ATTRACTED ATTENTION
At 4.40 p.m. Ainsworth crove past Wallace Harper's garage at a high speed which attracted the "attention of spectators who es- timated his speed at 45 m.p.h. He slowed down slightly nearing the controlled area, but his speed was still greatly in excess of 20 mp.h.
A cyclist who was riding in front of the car and was turning ftom Nathan Road right into Jordan Road was knocked off his chine. A pedestrian who was
ma-
Mr. J. F. B. Lee identified the documents relating ta the LT- quest.
Mr. M. 1. De Ville. surveyor. proved the plans and Buld the width of Nathan. Road Was 70
HONG KONG DAILY PRESS, TUESDAY, APRIL 30, 1935.
GOOD YEAR REVIEWED
H. K. POLICE RESERVES
REDUCING THE CAPITAL
Application In Court The Philharmonic
the
the
Society
(ORDERS BY MR, D. BURLING- HAM, I.G.P.)
POLICE STORE
Police Store will be open to mem-
On the appication of Mr. F. C. Jerkin, K.C... instructed by Mr. M. H. Turner, of Messrs. Dea- The annual general meeting of bers of the Hong Kong Police Re- cons. His Honour the Chief Jus- the Hong Kong Philharmonie So-serve every day this week except tice. Mr. A.D.A. MBCGregor atciety was held at the St. John'sTuesday, Aprij 30, 1935. “
SILVER JUBILEE DELEBRATION Supreme Court yesterday Cathedral Hall last evening when afternoon Confirmed of capital the President, Professor W. Brown All ranks of the Hong Kong for
reduction
Police Reserve will parade as un- of capital reported that the past season had
der:- of the Hong Kong and Wham- been a successful one. Doa Dock Co., Ltd, from $10,000.- 000 (divided into 200,000 shares $50 each of which 67,640 have been issued
fully paid) to
Into *$7,294,400 dividend
132.360 unissued shares of $50 each and 57,640 fully paid issued shares of $10 each.
Mr. Jenkin said that from the Amdavit of Hon. Mr. W. H. "Bell, the chairman of the Company, it was found that the capital as- sets of the Company to the ex- tent of at least $4,805.600 had
been lost. To meet this position he asked the Court to sanction the reduction cf capital which had been issued from $50 per share to $10 per share which would account for $2.705.800.
ו
"AT HOME"
Japanese Emperor's Birthday
Frofessor Brown said: "The past Season may fitly be described as one of cautious ex- periment and mild adventure, When I accepted office a year ago our financial position was to "say the least, disquieting. Of the previous six Productions tabulated in the Accounts dated 14th April, 1934, only one had made a profit, while the remaining five showed an average loss of $1,200 (round figures).
The year's working shows a net profit of $1,360, so that last year's
deficit of $400 has been replaced by a surplus of $960. So far as I am aware, no such satisfactory figures have been presented on any öccasion since my Arst connection with the Philharmonic in 1924.
Of course. our Society is not a commercial "undertaking. We ure concerned with Anance only In so far as it affects our primary Interest in vocal and instrumentai music.
MERRIE ENGLAND The concert version of "Merrie England" proved, as was to be anticipated, a popular and there financial success
ย
Chinese Company: Will report for duty as ordered:-May 6, 40 men; May 7, 20 men. Dress :White Uni- form, Sunbats, Belt with Brace and Truncheon.
Indian Company: Will report for duty as ordered:-May 6, 30 men; May 7, 18 men Dress: White Uni- form, Sunhats, Belt with Brace and Truncheon.
Flying Squad: Will report for duty as ordered:-May 6, 18 men; May 7. 18 men; and May, 8, 12 men Dress: White UnForm. Sunhats,
Belt with Brace and Truncheon.
Emergency Unit Reserve: All members will parade at Supreme 8 and 7, 1935. Dress: Khaki Tunic Court at 19.00 hours sharp on May
Khaki Shorts. Puttees, Belt with Brace, Holsters, Revolvers and 'Cap with Khakt Cover
!
Chinese Company White Uniform: All members who are not in possession of White Uni- form must communicate at once with their Equipment Officer.
Training Course (Part II):-AI recruits of the Chinese Company who have not yet passed Part II. of Training Course will attend at the Chinese Company Headquarters on
Teet and there were trees from ing was present at the residence of: "Hiawatha" was more ambitioue / Tuesday, April 30 at 17.30 hours for
six to seven feet from the pave ment. The distance from Wallace Harper's garage to the
cross roads was 113 yards.
*
A large and distinguished gather-fore also
the Consul General for Japan Mr. K. Midzusawa yesterday morning when an "at home" was held to mark the anniversary of the birth- DOUBLE-FINGER TEST.
day of His Imperial Majesty, the Dr. K. H Uttley, of Kowloon Emperor of Japan. Among those Hospital, gave evidence of the present were: Capt. R. F. Walter. injuries, and said he examined A.D.C., representing His Excellency prisoner. for signs of alcohol.the Governor, Sir Thomas Son- Ainsworth successfully did
the thorn, KBE, "C.M.G, Colonial double-finger test, stood with his Secretary: Commodore C. G. Seda- eyes closed without acy body wick, D.S.O., R.N., and Mrs. Sedg- tremor, and touched his toes withwick, Hon. Mr. N. L. Smith, Hon. his» Angers
without diffiently. Mr. E. Taylor, Hon. Sir Henry Pol- These were negative signs: As to lock, KC, LL.D., Hon. Sir William positive signs, he could say that
Shenton, Hon. Mr...T. N. Chau, Herr Ainsworth's eyes were very slight Gipperich, Consul General for Iv suffused, and there was trace of alcohol in his breath. Witness inferred, therefore, that he had probably had a drink of beer, "but that he was not suffering from any effects thereof."
Acting Crown Sergeant Moran gave evidence of Police photo- graphs.
A
Training Course (Part III):— Members of the Chinese Company will attend at the Kennedy Road Range on Thursday, May 2 at 17:15 hours to fire the Part II Revolver Course under Sub-Inspr. Ritchie. Only those detailed will attend.
instruction. made much heavier demands on
Harbour Patrol:—Alt' members Chorus. Principals, Orchestra, and taking this Course will report at Conductor, while having less po- Tsim Sha Tsut Police Station at pular appeal,-too high-brow, as 17.15 hours on Wednesday, May I some have thought. for Hong Kong for instruction under Sub-Inspector audiences. Also, we had to con- Wright. tend with a variety of abnormal perplexities - difficulties about securing the China Fleet. Club theatre, about avoiding clashes with other events over which we had no control. Then we suffer- ed by the departure of Mr. Trow! before the pubile productions were due, and lost valuable time at & exitical period by the tragic death of Bandmaster Burnet. The tide Germany: Mops, R. Soulange-seemed for a while to be setting Teissler, Consul General for France; Mr. D. Burlingham, Inspector Gen- éral of Police; Mr. C. G. Fertue, D.C.I.D.; Mr. T. Kohri, Vice-Consul for Japan; Mr. Manuel Rivera Iglesias. Consul General for Peru: Mr. F. Alegre, Consul General for Panama; Mr. F. Bonachea, Cuban Consul: Capt. V. C. Davis, V.C., R.N., cross roads. In reply to Mr. Mac-Manda, Nakamura, G. Kishinami,
Mr. and Mrs. Kawazu, Messrs: K❘
Tung Li said he was instructed by the police to photograph the
namara, he said the dark patch- shown in the photograph must have been on the road, but he did not know to what it was due. He could not say whether it was blood.
Mr. Macnamara said he would
about to cross the road from the give evidence that it was a patch
driver's left was "knocked dawn of blood. and killed.
Hueng Fon
$
of
32 Haiphong
The car swerved into the traffe Road, the cyclist who was knock- Island in the centre of Nathar ed from his machine by the car, Road and the damaged running deposed that the car was travell- board, produced in Court, showed ing very fast and that he did not 'that the collision assisted in stop-hear any horn,
ping the car. Ani examination revealed that the right rear near- Mr. C. C. Ah Chee, a retired side brake applied earlier than merchant, of 783, Nathan Road the other brakes, and this caused said that on
100
CAR CAREERED
the
afternoon
question he was standing outside Messrs. Wallace Harper's Garage having his own car attended to. when he heard the sound of an
and A. Ashikaga.
บ
dead against us, but it turned again In our favour when we secured the services of our pre- sent Conductor. Mr. Yule taking the eleventh hour command at worked wonders in the brief time at his disposal. In view of all the obstacles to which I have made allusion, I was genuinely and agreeably surprised when "Ha- watha" was found not merely to have covered expenses, but to have
Morse Signalling Class: All mem- bers of the Morse Signalling Class will attend at the Chinese Company Headquarters on Friday, May 3 at 17.30 hours for instruction
Indian Company White Uniform: All members who are not in possession or White Uni- form must communicate it once with their Equipment Officer.
Flying Squad
White Uniform: "All members who are not in possession of White Un- form must attend Police Store at once.
Emergency Daft Reserve Khaki Uniform: All members who
Majesty King George V., the Japan
Proposing the teast of His produced a small but welcome pro- are not in possession of Khaki Uni-
ese Consul General said that by thely attendance at the reception, even in the face of such inclement weather, the gathering had shown
their goodwill and friendly feeling
toward his mother country and it
afforded him great pleasure to ask the gathering" to drink to the health of the King.
The boast of "His Imperial Majesty of Japan" was proposed by. Commodore Sedgwick.
All warships were dressed in port yesterday for the occasion and an exchange of salutes between the British warship and the Japanese warship Saga and the US.8. Tulsa Was fired,
THE FUTURE ∙And now, what of our immediate future?.
L
opinion regarding the contrasted
Our members are still divided in
thefits and attractions of the stage Each
and the concert platform.
type of production' has its pros- ‚nd cons. Neither can claim all the virtues, and neither calls for apology. A year ago we had no siderations first, and to rule out option but to put financial.con-"
costume shows because foredoom-
ed to financial failure. It may be that in the altered circumstances of to-day, a good comic opera of musical comedy might pay its way, if we can get one of the local picture theatres on greatly reduced terms, and if we attempt only 2, or at most 3, performances, on judiciously selected dates.
||
a skid mark 57 feet long.
"GIVEN EVERY FACILITY Mr. Macnamara here objected to a reference to police tests of the сат showing the pronounced on-rushing car. He looked up and swerve on application of the saw it was coming from the Aus- the accident and found that the brakes, saying that the defence in Road end" and estimated the brakes had bot been properly were not informed that tests speed at 45 miles per hour. Since adjusted. As the result they would be made.
1914 he had been driving cars of caused the car to, swerve to the The Chief Justice said he could various makes in New Zealand right when they
THE ACCOUNTS were suddenly not say that the evidence was and Australia and had taken applied. The greater the speed
And now, as regards the Ac- inadmissible at this point merely part in speed contesta.
the greater the swerve.
counts before you: I have al- because the defendant was
He watched for the xed tali
In reply to Mr. Macnamara. ready commented on their gen- #present.
light of the car when it was ap-witness said that the brake pedal erally satisfactory mature but I Mr. Fraser said the accused proaching the controlled area, and the accelerator pedal were might add that since 31st. March, was given every facility of mak- and saw it was not or.
He then adjacent to
one another, when these accounts were closed, ing further tests with his own paid no more attention to person were to apply the the our financial positon has gull fur- mechanic if he wished, but that until he heard the squeaking of brakes suddenly it was possible ther improved. I understand that advantage was not taken of until
that he might have put his foot a large fraction of the summ' given; nearly two months after the ac-
on both pedals. By the damage to under "Sundry Debtors" has al- cident,
the running board, the car must ready been converted into hard have been traveling at a great cash at the Bank. Also onź 112- speed when it struck the concrete buities are now known to be post. Ever if accused had driven slightly less than the estimate the car on only two occasions he given, in the Balance Sheet. should, have found out that the brakes were defective.
tyres and skidding.
X
The car careered and seemned to witness to have swerved slightly Referring to statements of the to the right and struck there accused, counsel said that. He had fuge. Just before the car struck told the police that he saw a the refuge, he saw an object By Chinese man about 75 feet in ing on the left side of the car front of him and blew his horn, and simultaneously saw a cyclist The pedestrian took 00 notice: sprawling towards the right side. but, on 4 second" warning. he. Cross-examined by Mr. Mac- ran across the path of the car. namara, witness' said that it was Ainsworth applied bia footbrake quite possible that he did not "see swerved to the right, he did not the red tall light was on as it was know what part of the car in broad day light.
BRAKES AT FAULT struck the man.
SENSITIVE ACCELERATOR Mr. L. Houghton said that he At the Inquest, the prisoner was at Messrs. Wallace Harper's said that he was going about 35 Garage when he saw the car pass mp.h. but slowed up on entering ing at great speed which he es the controlled area. The pedestimated to be at 45 miles per trian changed his direction and hour, J came straight at him. At first, Technical evidence, in regard to 97 feet long, when he put on the brakes, the the car was then given by Mr. car did not take control. On Wallace Harper who said that he one occasion before he had had i examined the vehicle shortly after
TWO SKID MARKS According to the skid marks on the road it was possible that they were made through accused trying to avold the deceased when the latter first went in one direction and ther changed his mind.
Traffic Bergeant. T. McInnis said that he went to the scene of the accident, and found thers Were two skla marks, one of which was
After further evidence the care wag adjourned until 10 o'clock this morning.
form must attend, Police Store at
once.
+
D. L. KING,
DA.P. (F)..
Hong Kong, April 29,
EARTHQUAKE IN THE AZORES
(Special to the "Hong Kong Dals "Press" (Copyright).]
Lisbon, Apr. 28. The Azores were shaken by a violent earthquake on Saturday evening. One person was killed according to the first reporta which add that numerous build- ings were destroyed or badly damaged franince Kuo Min
With his musical abilities, and special knowledge of finance, he is just the kind of person the Philharmonic should welcome very cordially. I hope yet to see him taking an active official part in the Society's affairs.
The Report and Statement of accounts. were adopted un- animously,
ELECTION OF OFFICERS The folowing were elected off- cers for the ensuing year:
President-Dr, D. J. Valentine. Hon. Secretary:Mr. H. J-Best Hon. Treasurer:-Mr. H. M.
On demitting office, I welcome Cockle.
Hon. Conductor:-Bandmaster A the opportunity of recording my admiration for the work done by B, Yule
Committee:-Mrs. R, A. Star- all members of the Committee during the past year. There has ling, Mrs. D. M. Richards, Mr. R. been abundance of work for all, A, Starling and Mr. Spencelagh. but naturally special burdens have It was decided to leave the mat- fallen on those with special duties,ter of productions for the coming for example, the Hon. Secretaries season in the hands of the in- (including, Miss Finlay a special coming committee who would re- Orchestral Secretary), and the port to the members of their
selections, Honorary Treasurer,
My last personal act before At the conclusion of the meet fading" from the picture is the Ing. Dr. Valentine proposed a pleasant one of presenting you hearty vote of thanks to the e- with a new Vice-President in the | Miring President and the out- person of Mr. T. A. Martin, ACA, going Committee.
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