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APPEAL CASE CONTINUES
Further Arguments By Counsels
Further arguments and submis- sions were put before the Full Court of Apped yesterday when the appeal and
cross-appeal
NOT ENOUGH EVIDENCE
Alleged Uttering Of
Forged Note
Was
not
NEW ST. GEORGE'S
HOSPITAL
Unknown Donor's
£30,000 For Rebuilding Plan
Saying that there enough evidence on which to convice Mr. B. F. Balfour at the
Preliminary work on the new St.
brought by the American Mail Line į charged Kwong To, a 43 year old bullt on the present sits at Hyde Central Magistracy yesterday dis-Gorge's Hospital which is to be
and the East Asiatic Co., Ltd., re- spectively against the decision of the Chief Justice Sir Atholl Mo- Gregor when he held that the
former's responsibility was 70 per cent and the latter 30 per cent in the collision between the Pre- sident Jefferson and m.v. Afrika which occurred in the harbour a 1 year ago
The Court comprised the Chief Justipe, Sir Athol MacGregor; Mr. Justice A. G. Mossop, Judge of the British Court in Shanghai; and Mr. Justice R. E. Lindsell, Puisne Judge; with Capt. R. N. Benson, R.N., and Capt. J. Smith as as-
sessors
C.
are
Mr. F. C. Jenkin. K.C., and Mr. H G. Sheldon, "K.C. instructed by Mr. D. H. Blake, of Messrs. Wik n son and Grist, appeared for the American Mail Line. Mr E do. Potter, K.Q., and Mr. H. C: Mac- namara, instructed by Mr. O. Marton. of Messrs. Deacons, for the East Asiatic Co., Ltd:
When the cise was resumed yesterday. Mr. Jenkin continued to substantiate his various points of argument, after which he gave a summary of the grounds upon which he submitted the Afrk should be held sole's to blame for the collision.
Counse! Anally submitted that the learned trial Judge was wrong to argue or to hold that the cri- cal moment of .maneouvring began at or about Buoy A6.
For the Afrika, Mr. Potter said that before opening his appeal, be would like to know if the other party were asking the Court to reverse the decision of the learn- ed trial Judge on facts. The in- formation was necessary because it was obvious that the case would go before the Privy Council or ta a higher Court.
Mr. Jenkin said he was asking the Court to reverse the Judge's decision on facts."
trial
WRONG DECISION Authorities were then quoted by Mr. Potter to show that the decl- sion reached by the trial judge on the facts submitted could not be reversed. Mr. Potter submitted that the facts concerning the Africa were right but the adverse finding of the Afrika was not wholly correct and he would attack this finding on three ground. namely.
(1) that it was not open to His Lordship and the other party to argue this point at all; (2) that in any event there was no negli- gence on the part of the Afrika in proceeding the way she did; and (3) that even assuming, for the sake of argument, what he denied, that the Afrika was negligent in the sense which the Chief Justice found, there was the matter of law; which did not hold the Afrika re- sponsible at all because the cause of the collision was that the Jeffer- son dropped her anchor in the way of an inward bound ship which she
SÙW.
MR. POTTER'S SURMISSION. Mr. Potter next dealt with the points anent the collision. It was alleged, said Mr. Potter, that the Afrika did not sound two blasts and did not go to port.
cook employed by Mr. N. M. Park Corner may be started when Currie at 364, The Peak, when he the £1,000,000 rebuliding and en- was arraigned before him on a dowment fund has reached, £200.- $10 banknote of the Charter dared by the governors of the charge of possession of a forged 000,
Buch a proposal is being conal- Bank of India, Australia and China
Mr. M. W. Lo appeared for the defence."
B
Mas, Lith hospital, The fund, which was opened nearly a year ago, now stands at £140,000 Donations In opening his case. Det. Ser- received amount to £67,546, and. seant Ceshman who' prosecuted a similar sum has been promised. stated that at 12.15 a.m.
The fund, however, has ben fit- November §. accused and some en by a further £30,000 in addi- friends went to the Tai Hot Laution. A donor, who wishes to re- Restaurant. They had meal! main anonymous, has made this there and accused gave a waitress to the rebuilding committee a $10 note of the Chartered Bank to cover the architects" early plans to pay for the meal The waitress and to përmit of a prompt start took the note down to the so- on the modelling of the new build- countant, who declared it to be a ing. forgery, and told her to take it back to defendant. She did so, and defendant gave another $10. He received his change and left the restaurant with his friends, As he stepped out of the 'door, defendant was stopped by a de- tective who "had" overheard the sccountant declare the note to be a forgery, Defendant was search- ed and other banknotes including the forged one were found in his bet. Altogether two $10 notes and $1.83 were found on defen- dant. The cost of the meal was 21.59.
Evidence was then given by Mr. J. M. Pina, clerk in the Charter- ed Bank, who deposed to the note being a forgery. He stated that it was not a good forgery, al- though it might deceive small shop-keepers and other ignorant folk. The printing on the lote was bad, and the note was formed through two pieces of paper being struck together.
„NO. GUILTY. KNOWLEDGE........ Corroborative evidence was then given by other. witnesses, but" the principal witness, the waitress, failed to appear in court.
Mr. Lo in addressing the court on defendant's behalf submitted that he had no case to answer saying that the prosecution had not proved guilty knowledge..
The defendant was then put in the witness box. He stated that on November 3, he went at mid- night to No. 75, Wellington Street, second floor. in company with others, to gamble. He won over $13 there. Up to the time of going to the restaurant, he had kept all the money in his purse, and had not touched it. When ne had had his meal in the res- taurant! he had given one of his $10 notes as payment as he had not enough loose change avall. able. He had been employed by Mr. Currie for 13 years.
After defendant had given his evidence, his Worship said that he was satisfied that there was not enough evidence to convict.
cording to Capt. Lustey's evidence there was no necessity to blow be- cause the Jefferson was dropping. anchor. The Jefferson once she had made up her mind, to swing away and to bring herself to an- chor she was bound to blow her Whistle and at that time, she was porting."
There was no suggestion on this point that the court had found against it and there was no refer-
Mr. Potter submitted, that the ence to it at all in the evidence absence of the two blasts did in The evidence was such that tha: | fact" mislead the Afrika. Had the allegation made was not substan- Jefferson in swinging to "port tinted, When the s.s. Jefferson blown two blasts then the atten dropped her anchor she swing to tion of the Afrika would have been port and continued to do so. The focussed on it. The onus being on Afrika saw the anchor dropped. the Jefferson, the Court had no saw the Jefferson filling up the wa-, jurisdiction on this point, added Mr. ters, and yet they were accused of Potter. trying to cut through. On this
NO NEGLIGENCE • very point, Mr., Potter said, he must Mr. Patter here submitted that emphasise, Regarding the non-that there had been no negligence blowing of the blasts Capt. Lus-ot the part of the Afrika when tey's own evidence was to the she was proceeding into these wa effect that she was far away and ters The "Afrika saw a ship therefore pleaded justification in swing to port and navigating in the omission of the blasts If they these waters. She was somewhere had admitted they did not give near Holt's Wharf when the Jefer- the signal then they were at fault son passed Kowloon Wharf and Asuming for a moment the true carried straight on intending to position that if Captain Lustey did poss Buoy A6 on her starboard give a signal and then carry on side. As she went on, she say the then they have committed a breach Jefferson proceeding into these of the rules and the onus was on waters. In other words the Afrika them. As long as the Afrika did thought that the Jefferson was not not cut in, the question of how to going to her berth. Just because avoid the Afrika was of no Im the Jefferson was getting into there port to the appellants. If the waters, and proceeding on her Dort Afriky was attacked on this po'nt helm, it could not be constructed then the Jefferion was also found that the Afrika must not get into to be at fault for not blowing, the these waters also. This meant that
South China Daily News (Nam Wah Yat Po) two basts. The Afrika was not nobody can process to the waters
49-61, Ho Lrwood Boan, Hong Kong.
Tel. 256,2 & 28284:
at fault at all at porting Al- because another vessel was thead though it was alleged that the o her. This was never heard of Afrika was far away, it was never-before, added Mr. Polter, to theless a regulation for any ship The hearing was adjourned t in sight to sound their, blasts. Ac- this morning
|·
The sole condition attached to the gift was that the donor should name the architects.
If the plans should prove accep table the gift will be increased to cover the final scheme and ar- chitects' fees of the entire new hospital.
"One subject that has still to be decided is whether any of the de partments of the new hospital shall be air-conditioned." a "Morn- ing Post representative was in- formed by an düficial.
"Th's would not be possible. In the wards owing to the danger of infection," he added, "but it may be introduced in other parts of the building."
He therefore discharged defend- ant, and ordered the $10 Charter- ed Bank note to be and destroyed.
confiscated
K. M. A.
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