L
10
EUROPEAN FINED
"
FOR ASSAULT
“Vulgar Abuse But
Not Slanderous"
The larder and assault action brought by Mrs, Yuet Ming Ham- | mann"against Mr. James MacPart- land, a partner of Jimmy's Kitchen, 42/43 Lockhart Rbad, was brought to a conclusion yesterday when the Pulse Judge. Mr. Justice R. E Lindsel, found that the words used slander- were disgusting" but not ing. The Asault on the plaintiff was proved, and he gave judgment for the plaintif on that ground alone for $100 and 75 per cent, or the costs. Originally plaintiff
claimed $1000 for damages,
Mr. W. A. Mackinlay. was for the Plaintiff, while Mr. A. et Arcu li re: presented the defendant.
HONG KONG DAILY PRESS, THURSDAY, DECEMBER 5, 1935,
Should "Mercy Killing"
Be Legalised?
DOCTOR'S SENSATIONAL DISCLOSURE
"I Am Prepared To Face Any Tribunal"
The sensational d'sclosures in the Daily Mad by a country doctor of bow on five occsalons he has taken life to end the agonies of his patients have caused widespread interest. This is the striking comment of a West End consultant of wide exper- lence:
"No matter how regrettable fron. many aspects disclosures of this kind, may
be, the fact remains
SPECIALIST'S VIEW
A Harley Street Specialist; I have never been exlied on to
make such a decision, but I have no doubt that many doctors have, and acted in exactly the same way. The "law should be altered.
o?
DAVIS CUP PLAYERS
To Make Debut Here
the
inter-
Menzel and Hect, nations! tennis players, will be making the appearance on the H.K.C.C, ground this afternoon.
Earlier in the week it was at fist thought ibat it would be an impossibility for them to appear here as it was at Brst surmised Colony that their stay in this would be of a very short duration, but, thanks to the earlier arrival of the Terukuni Maru these two versatile
Will
racket wielders
that in all countries, actuated by the highest humanitarian motives. medical men de at times take what
have the whole day before them and their cab'e of acceptance to amounts to a sacred judgment into
play here has sent the LT.A to their own power. Such actions are
"Although we are crained to pre-
go ahead with their plans. jealously guarded, even within the
'The venue of the games will In her statement of c'alm, plain- ranks of the profession. Even the serve life. no medical man would
be at the HX.C.C., and admission tiff alleged that defendant as nursing staff would not be gener-shrink from a task which be was
was in the Interests aware when extreme necessatisfied saulted her on October 3 at No. 44ally
his patient and would end suffer will be 81 sitting and 50 cents Lockhart Road and that he utter-sity had prompted such action."
to see these two giants opposed ed a slanderous remark against ner
The doctor who revealed that he in which could not be cured. As standing. Eforts will be
other, falling which. to Azdy Karlstrop and other by had ended the life of a baby doo-to Imbecile infants, they should standers. She further alleged that tied to imbecility, and by an over-not be permitted to live Generally, In consequence of the assault she dose of morphia the agonies of however, it must not be lost sight local exponents will have to pro- suffered shock and pelvic pain patients suffering from in inear of that there are people living to-vide the opposition.
"I have day who 30 years ago were given kely to cause a miscarriage, as able disease, declared:
up Be was pregnant at the time of broken the law and I am prepared "the incident.
t face any tribunal; my justifica- tion for what I have done is that
this
when
The first witness ca led morning was Mr. Hammant. hus-humanity knows no law." band of the plaintif; who cross-examined by Mr. Areuil. denied that he was at the back of these proceedings On October 3. after the alleged assault on wife, he went to Jimmy's Kitchen and told defendant that he would Issue a summons against him. De- frndant, witness alleged, then as saulted him, and Sergeant Dixey had to separate them. Witness admitted that he did not take out
Dr. Estelle Cole (Harley Street nutdical psychologist): When in general practice I had several cases in which I thought it would have been only humane to end the patient's sufferings. Of course, 1 did not do so. and never have I heard of any other doctor doing
51.
to each
made
"LAVAL GOVERNMENT UNCERTAINTY
Special to the "Hong, Kong Daily Fress" (Copyright}+{\
14:
Paris, Dec 3.
"LAW MUST BE CHANGED" Here are other views expressed:
· Dr. C. Killick' Millard, secretary the newly formed Voluntary Suthanala (Easy Death) Legalisa- on Society: As to whether or not this particular doctor acted rightly or westgy cannot be answered without possession of the fuu tacts. But I can say this: Other doctors have told me very similar stories, and it all points to the urgent recessity for an alteration in tha normal cases rarely survive more communist, M. Ramette, and the
law.
summons against Mr. MacPart land for the assault on himself.
A SUAVE HINT Evidence given by Andy Kark-
Lord Listowel tone of the foun- strop, a former partner of Jimmy's
While it is Klichen, was to the effect that onders of the society):
to encourage action! October 3 between 1.30
p.m. and possible
sible
2 p.m. he was at No. 42 Lockhart contrary to the law, the -new-so- Road and saw Mrs. Hammann gclety has been formed to get the into Jimmy's Kitchen. He follow. Iaw altered so that it wht be pos- to shorten the agony of ed her and heard voices in No. 44. He saw Mr. MacPartland with anyone suffering from an incur- pall of water and saw, same being able disease. thrown over the plaintiff. Expres. sions which gave rise to the s'and- er action were also used.
Witness further iestified that he Law defendant striking the plain tifT with his est, hitting her on the arm..
Mr. Mackinlay: Did you do any thing?
Witness: No.
Did dele: dans say anything to you?-He said. Take this away."
We do not think it right that one doctor should have the res- ponsibility of such a decision there should be at least two to decide whether it's impossibe for medicine to alleviate agony and suffering. but at the same titne ene cannot withhold ad- miration from a man who for humanity's sake risked his cat- eer and laid himself open to the severest penalties so that a suf- terer's agonies should be ended. Lord Denman (a former Gov- ur-General of Autralia and De- puty Speaker of the House of Lords) Asia layman I do not feel qualified to speak on medical mat- ters; but I am in favour of some- thing b ng done to make it pos- "After Mrs. Hammarn had gone. sible to shorten human suffering did defendant say anything to with all proper safeguards when you? He called me back and sa'd, there is no hope of recovery.
You have not seen anything. You don't understand English."
Did you make any answer?-1 Bild "You must not call her a......" Did defendant make any answer ttbas? He said "I know what I am doing."
After that, did the police come In?Two Indiari constables came in,
The Matron. Queen Charlotte's Maternity Hospital: Every chi'd should be given its chance of ure. That, during my 25 years here, has always been the principle that guided us, particularly as we know that what may be described as ab-
The fate of Premier Laval's Gov- ernment is still hanging in the ba lance, the debate of Fascist Unions which began on Tuesday forencon and continued in-the-afternoon in- an atmosphere of unabated excite ment having been adjourned at 7 o'clock on Tuesday evening til After the Thursday forenoon.
EXCITING HOCKEY
MATCH
Royal Navy Defeats Army
In Triangular Tournament
The Royal Navy defeated the Army. In Triangular Hockey Tournament game yesterday on the former's gound at King's Park, by three goals to two, after being in the lead ac hair tiffe by the odd goal the three.
The game was played through out at a fast pace, and exchanges were even. Both defence played soundly, the goals that resulted came from brilliant movements on the part of each opposition for ward line.
09
The teams were as under:-
Royal Navy Lt.-Comde. Garwood (Regulus); Lt.-Comdr. Broome (Rainbow),
Comar, Breaks (Kent); Surg. Li, Ross (Kent), Lt. Holland-Martin (Tarantula). Lt Comdr. McCoy (Phoenix); Lt. Lane (Dorsetshire), Sub.-L. Wraith (Phoenix),
Lt. Miers (Rainbow),
Lt. Burch (Parthian), and Lt. Poe (Falmouth),
Army
YACHTING
Wednesday Race
The Wednesday race for "A" Class was stufa yesterday over a course of 8.1 miles; starting from Channel Rocks (P), Kowloon Rocks (P) Rumisey Shoal (P), North Mark on Line (P), Channel Rocks (8), and Club Line. The resulta were:
Finished Pos
11.15
ed really dangerous, the team as a whole taking a long time to settle Carpenter, Al... DNF. down Then the forward line be- Lobo, 42.... gan to move: passing heally be--Col. J. A. Grimin) tween them, until Lt. Burch dash La Linda, 45 ed through the defence and netted
(Squad, Lt. C. R. Keary with a fast shot. No sooner was True Blue, "All
the game restarted than the Navy Maja H. Thoyts) were down in the dee again, but Pat. A12
from against. Burch spoll Painted Lady A14 a promising chance. The ball was cleared but Lt. Holland-Martin. "(centre-half) for the Senior Ser- vice returned it immediately, for Lt. Mlers to made a brilliant run with down the field and net Hollingsworth misplaced.
17.02.38
17.03.34
'D.N.F. D.N.F.
ITALIAN CABINET DECISIONS
(Special to the "Hong Kong Dally
(Copyright.)1" al Thus within the space of two
Rome, Dec 3, minutes the complexion of the
that Tuesday's Expectations game was totally changed. The Cabinet meeting would result in Army, nothing daunted, attacked further stringent measures calou- and Lal Singh raised the enthus-lated to strengthen the Italian de- lasm of the Army supporters' with face against sanctions, were dis- a splendid dash down the left wing appointed, it being omcially an- He centred accurately for Lt. Daw-nounced that the Cabinet Counci son to receive, and drive in a shot merely attended to current bust that Le-Car Garwood spectacular-ness and did not deal with the ly saved.
Lt. Williams, playing at centre- half for the Army at this period did
some magnificent spoiling work, but he was desperately at fault with his distribution to his forwards, as he hit far to hard.
Pie. Hollingsworth (Lincolns): Spr. Quantril (RE), Lt. D.P. St. C. Roisser (Lincolns): Havr. Dulla Singh (Punjabis), Lt. J. P. Williams (East Lanes). Carpi, Yeomans (East Lancs.);
GOAL DISALLOWED Lt. Robinson (East Lancs.), Lt. E. M. Dawson (East Lancs.), Hollingsworth was called upon W. O. Senior (AEC, & RASC.), to save a stinger from Lt. Burch,
corner. Pte. Taylor (East Lancs.), and conceding a
From the L/Nk. Lal Singh (Punjabis), spot it." Lt. Wraith scored but the disallowed 'for' sticks. Notable absentees from the goal was A woman reader: I too know / sharply criticised the Government in Army éleven were Lt. O. C. Garth- End to end play now featured the of a case in which the agonies the course of the morning session, waite (HKS.R.A.) and two players, game, and brilliant movements the Radical Socialist deputy M. from the Punjabis, Khan Bahadur were executed by both sets of Navy however Bucart and the Spcialist M. Vallere and Alaf Din, the latter being ex- forwards. The
cluded owing to a late appearance were well served by Lt.-Comdr. continued the attack in the after- noon sitting.
on the ground.
than a few weeks.
w
A
"A NURSE DID IT"
of the patient were terrible. It was certain that there could ba -no recovery, and the nurse took it on herself to give an over- dose of morphia. That was an
Radical Socialist M Guernut had
It is stated that Bucart submit-
From the initial bully-off the Army set up a series of raids on the Navy goal and for at least ten minutes kept the Bentor Service pinned in their own half. The Army forwards came
on several occasions, but too robust passing on the part of the inter- mediary line folled many promis
act of humanity of which every-ted to the Radical Socialist Group, the following resolution to be tabled one concerned approved. The Mairon, Royal British Nur in the House on behalf of the ses Association: In all my ex-Party: "The Chamber is determin- ed to support only a Government perence I have never heard of a
to vigorously nurse doing anything of that End, which is ready nor have any ever told me that defend Republican institutions and
maintain public order."
A similar resolution was passed.] Ing openings they knew of a doctor doing so. Many have told me of terrible suf-
1899 after ferings of patients, but all they by the Chamber in
President Loubet had been moles- have been able to do is to give un- der doctor's orders whatever rellefted by the Radical elements on was possible.⠀⠀
-U.S. DOCTORS' VIEW Following the Daily Mall disclo- sures by a doctor that he had kill- ed aver persons suffering from in- curable diseases, a meeting of spe- clalists of International repute in Oklahoma City. USA. "imited in ondemning such "mercy-killings."
The meeting held that no doc tor had the right to take a pati- ent's life, since there is no way of being certain that a case is in- curable.
to
FRIENDLY WITH BOTH the restaurant with her amah and ly false. When this incident oc- Cross-examined by Mr., Arcu. had caused a lot of trouble. He curred, Mr. Karlstrop was not in witness said he had known Mrs. told her to get out and repeated the premises, and the assault was mentioned Bergeant Hammanh for over a year, since to witness what he had said to never she joined Jimmy's Kitchen in her, using the expression complain- Dixey-Beale. " October 1934. He was friendly eel of. Defendant also admitted with both Mr. and Mrs. Hammarn, throwing the and had known Mr. MacPartland Rammann. since August this year.
In answer to Mr. Arculi, witness admitted that when he tock out summons recently against Mr. MacPartlard for assault. Mr. Ham- mann wrote his statement in Eng- lish and gave him advice as to what to do.
Mr. Arcull: I put it to you that you were not there when Mr Hammann was there in Jimmy's
Kitchen?
His Lordship: Do you say that water over Mrs. he has come to Court and dell-
berately lied?
MORE POLITELY
Mr. Mackinlay: Wha: impreso
...
NAVY SCORES
The Navy máde
close
A
"oome and Cmdr. Breaks at back. though the former was inclined to give sticks to often, while in Quantrill and Lt. Roisser the Army had two good follers.
Pte. Taylor then broke through the Navy pair of backs from near the centre line, passing to; W. O. Senior after he had succeeded in getting Lt. Comdr. Garwood' to leave his goal. "Senior hit the up- right with a reverse stick shot, the bali rebounding to Lt. Dawson spasmodic who made no mistake with a the Auteul race course, and the dashes up the field but never look-rasping 'hit. resolution led to the overthrow of the Depuy Government. Despite the menaces, the Left Wing fac- tions' condensus of opinion ap- pears to be on Tuesday evening, a good chance that Laval stauds to weather the storm. The brunt of the work again falls on M. Herriot, who is expected to save the day by obtaining his party's agreement to the resolution which while demanding vigorous action against the unions, will express confidence that the Government will not fall to take the necessary measures for preserving order.
Trapsescan Euo Min.
11
LIBEL ACTION SETTLED
[Special to the "Hong Kong, Daily Press" (Copyright).]
%
U.S. CONVICTS BREAK PRISON
New York, Dec. 3, Eleven desperate convicts figured in two prisou breaks to-day which resulted in the deaths of three per sons and the serious injuring of three more.
The first, at Boston, was one of the most daring exploits of its sort staged in a long time. Five con victs bludgeoned and killed a lorry driver, commandeered his lurry and smashed through three sets of prison gates in order to reach free- dom
י ו. י
They gained an open road, just beyond the prison's walls, aban doned the battered lorry and took to their heew. D
Guards pursued, and within a short time all the fugitives were fused to surrender and he was spot
Play was transferred to the other end. and Lt. Burch grazed the cross bar on the wrong side, with a shot that had Hollingsworth beaten' all the way. Half time ar- rived with the Navy leading by two goals to one.
Soon after resumption, Lt.
wraith put the Navy further ahead. Play continued at a fast pace and half through the second half. Pte. Taylor reduced the de- felt for the Army. **"
No further scoring took place although the Army tried hard to equalise. The final whistle blew with the Navy worthy winners by the odd goal in five.
D
political questions.
Most not worthy among the de- dalons taken were the bills pro- veing heavy penalties for the undue rising of hoarding and prices, and other disturbances "of. the domestic market, as well as for violating of decrees restricting export and import, and of laws regulating transactions in foreign currencies and securities Transocean Kuo lu
HER BEAUTY DECIDES THE FATE OF WORLDS!
and thrilling specfacia)
CECIL B. DeMILLES
'THE.
CRUSADES
=m
LORETTA YOUNG HENRY WILCOXON COMING TO The STAR
M6 701
XMAS Hampers
We beg
notify Customers that Assorted Hampers suitable for the
No. 1 HAMPER-$55.
d'd you get when Mr. MacPartland-Witness: I say he was not telling
the truth used that expression on Mrs. Ham-
His Lordship: You have put t mann?
Sergeant Dixey-Beale: At the more politely than I, but the effect time, I took it that defendant is the same.
In answer to a question by Mr. Party's foreign press department, rounded up. Only one of them r:- Fostive Season may be obtained from us at the following Reduced Ré meant that Mra. Hammann was ei
Arculli, witness said he was sin prostitute.
Witness explained that the rea-suffering from injuries receive son why he had that impression during the War and was not strong was that defendant had. Just pre-enough to engage in a struggle.
Three servants of Jimmy's Kit- viously. stated he would not have loose women hanging around the ohen then testified that they saw
no assault on the plaintin
2
London, Der ? The bei action brought by the German. Dr. Hanfstaeng, Chief of the German National Socialist against the proprietors of the reporta calculated to injure his "Daily Express' for publishing false character and reputation, ended with an amicable settlement, after defendants declared themselves ready to apologise for the state- Dr. H. D. Matthews was then ments made, and to bear the en- 'Cross-examined by Mr. Arcul
tire cost of the Higation- witness said he could not say whe- called and testified that he ex- ther Mr. MacPartland's statement amined Mr. MacPartland on No-Transocean Kuo Min to loose women meant women who vember 25. He was of the opinion were brought to the restaurant by that Mr. MacPart'and could engage customers. He believed that de in a struggle, but it would not be fendant had previous'y reported to wise, as it would not do him any the police about lose women trou-good. Defendant's blood pressure "was: abnormal being on the high bling the place._____________
Witness: I was there. You being there and being place. friendly with Mrs. Hammann, why did you not do anything to stop the assault?-I told her to go sway.
His Lordship: Why did you not try to stop it? You saw the wife of your friend being assaulted and a bucket of water thrown over -her?
Witness: Everything happered so quickly.
This closed the plaintiff's case. side, be
NOT SLANDEROUS.
Asked by his Lordship as to what
Mr. Arculi told the Court that be heard which made info the defendant's case was that no plaintiff, witness said he did not assault had been committed De- hear anything definite. He only fendant admitted throwing water heard voices.
over-the plaintiff. The alleged alan- der was stated to have been utter-
His Lordship: What was the first thing you heard it
Witness: The first thing I under- stood was "Get out, you
POLICE EVIDENCÉ
After holding that the words were not clanderous but vulgar abuse His Lordship sound that the assault had been proved and gave. judgment as stated above.
HOME RUGGER
SHANGHAI BROKER PASSES AWAY ཚུ་
One Of The Oldest Membe t Of Stock Exchange
down
THE SECOND INCIDENT
The second escape was more suc- cessful..
Qt. Moet & Chandon Dry Imperial Champagne.
1 Pt. G.F. Feppermint. |·| Pt. D.O.M
1 Qt. Martell's *** Brandy."
At Muskogee, Oklahoma, tour2 QtJohn Haig Gold Label Whisky members of the notorious Krish
or McCallum'"Perfection" Whisky.|| O'Malley gang, kidnappers and holdup men, overpowered the guards and raided the police armoury. They seized arms and bolted, fighting a gun duel with prison officers as they xan.
One of the gangsters was shot dead, but the other three yua to freedom They are being hunted -byers Lavaliablé öncer in the
state
er unlessque ADRE ANOTHER RESIGNATION
Shanghal: Dec. Mr. Beary J. Clark, well-known "Shangballander" and one of the oldest members of the Stock Ex "Chinge, died yesterday, in his room London, Dec. 3. Cambridge University played at the Bhanghai Club,ngjab Fra He was District Grand Master of their last rugby game to-day prior to the annual Inter-Varsity match the District Grand Lodge of Eng OK
on Tuesday next. entada y de land and was well-known all along They met and defeated J. Lthe China coast, with friends in
must be at matin mourn the passing clam C.SC. today (no Greenwood's XV scoring 18 points Hong Kong and Singapore who will
Central: Weds Agency, Heuter My pinangar
201 against five- Reuter liter
before Mr Karlton and other bystanders, but the only person who had come forward to testify. was Mr. Karlstrop. The words not slanderous, and The next witness cailed was Ber-used' were geant Dikey Beale, of No. 2 Polizeyete nothing more than vulgar Blation, who stated that when he abuse.
In the witness box, defendant www defendant in J'mpy's Kitchen in consequence of a report made denied having strick kicked or to the police, defendant to'd him called plaintiff any names. What that Mrs. Hammann had gone to she alleged, he stated. was entire
STELRYZERE
Nanking, Dec. 3. Following the footsteps of the Presidents of the Five Yuan. Mr. Shao Yuan-chung, Vice-President of the Legislative Yuan, tendered his resignation to the first pierary session of the Fifth TOE.Cariel
1 QtSuperb Tway Port 2.Qta. St. Julien Claret.
1 Qt. Old Brown Sherry, Black Seal.
1 Qt. Taylor's Old Tom of Dry Gin.
1 Qt. Burgoyne's Burgundy.
1 Phial Angostura Bitters.
No. 2 HAMPER-550.
1. Guillamart Champaguita Tawny Dry Port. 2 Qta: St. Julien Clarete P-D.O.Məni 55.100
1 Qt. Hargorne's Burgundy, Maxtefl's Brandy
2 Qta. John Haig Gold Label Whisky or McCallum's "Perfection" Whisky,
No. 3
1. Taylor'e Old Tom or Dry
1 Qi Vino de Pasto Bherry,
1 Phial Pomeranxan Bitters.
HAMPER-$40.
Ct, Palliation Brandy.
1 Qt. Amontillado Sherry
1 Qt. Taylor's Old Tom or Dry Gi 2. Qti, Medoo Claret,
Qt. Burgoyne's Burgundy. 1 Pt. G.F/Peppermint. ¡3 I PL. D.O.M. pakten 8, Qts. Tarragona Fort. 2.Qt. John Haig Gold Label Whisky 1 Phial Pumeransan Bitters,
For McCallum'"Perfection” Whiskyddwy y
We stook also John Haig Hampers in case of 6 bottles and 8 bottl
Other Hampers made up to suit Customers' requirements.
GANDE, PRICE & CO., LTD.
Tol 20185.
Building, Loo Horse Street, AME
WASHONG KONG #c
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