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· HONGKONG DAILY PRESS
15-19, Queen's Road, Central.
Telephone 30251.
HONG KONG DAILY PRESS. THURSDAY, FEBRUARY 10, 1938.
FULL COURT
APPEAL DISMISSED.
Sequel To Motor Accident
ACCIDENTAL DEATH
LORRY MISHAP
ON PRAYA
An enquiry into the death of
An appeal for an order that the 52-year old man, named Kwok Judgment of the Pulsne Judge, Mr. Fat, who died in Queen Mary Hos- Justice R. E, Lindsell, in a Sum-pital following an accident in Con-
mary Jurisdiction action delivered naught Road West on January 10, when a lorry in which he was
ran into R verandah riding pillar, was held at the Central Magistracy yesterday.
or August 6, 1937. be reversed on the ground that the plaintin- respondent, having recovered com- pensation assessed by a Magistrate under Section 6 of the Vehicles and Traffic Regulation Ordinance 1912 is debarred from maintaining any further proceedings, was dismissed
Court by the Full
o Appeal comprising the Chief Justice. Sir Athol MacGregor, and Mr. Justice JA. Fraser, yesterday.
Mr. H. C. Macnamara, instructed by Mr. Peter H. Gin, appeared for defendant-appellant, Wong Yee- kee of No. 3, Nanning Lane, ground floor, owner of motor lorry No. 3847, while Lai Kong. of No. 145 Shanghai Street, second floor, ticket collector, who was neither legally represented nor present at the appeal in person yesterday, wha plaintiff-respondent.
When the case was first brought before Mr. Justice Lindsell, "Judg- ment was delivered for defendant with costs. with stay of execution for 14 days and liberty to plaintiff to apply to reopen within 14 days.
When the case had been re- heard, Mr. Justice Lindsell gave judgment for plaintiff for $205 and costs, including costs of the re- hearing.
1
"COMPENSATION ORDER
Mr. R. A D. Forrest sat as com- Coronet, assisted by a jury
A. C. Tinson, prising Messrs.
and E. (Foreman Chan King. Eymard.
ALLEGED FRAUD
Christian Scientist In Court
A Christian Science practitioner, William Aitken Carrick, 50, of Brunswick-gardens, Kensington, and Mrs. Mary Graham Dowling. 50, also a Christian Scientist, were
charged at
Bow-street 'recently
with obtaining £150 at the Not- ting Hill branch of the National Provincial Bank by means of a
orged memorandum.
Carrick was further charged with obtaining £1.250 by false pretences from Mrs Kathleen Nora Clark, of Barfeld-rpad. West Mersea, Essex.
The magistrate, Mr. McKenna, said that he had received a medi-
After hearing the evidence, the a verdict of ac- jury returned cidental death and added that cal report expressing the opinion that Mrs. Dowling was. certifiable. Mr. Vernon Gattle, prosecuting, they considered no blame could. be attached to any person.
Dr. Lien Tsoong-Eya, Medal said that Mrs. Isabella Kemp Alexander, of Grosvenor-square, Officer at Queen Mary Hospital. w., was told by Mrs. Dowling that said that in his opinion the cause she had good information about of death was subdural haemorrshares, and at her suggestion Mr3. hage over the right side of the
Alexander gave her £300 "to buy A bump against a soft brain.
railway shares. object could cause this.
Chan Tak-yip. lorry driver, sald about 1130 a.m on January 10 he was driving along Connaught Road West with a load of vege- tables
contained in baskets. There were four men in the rear of the lorry..one of of whom was deceased,
Near the Macao Wharf a boy rushed out. In front of his lorry. then travelling at a which was speed of about 14 miles an hour. He applied his brakes and swer- ved. The lorry's right, side struck a pillar, the baskets of vegetables were thrown into confusion, and one basket fell onto the road.
Outlining the appeal yesterday. Mr. Macnamara said that the case arose out of a motor-car accident
He asked if anyone was hurt in which Police Court proceedings and received a negative reply. He took place, and an order was made then helped to put the basket on March 19, 1937, for $25 com- back into the lorry. Deceased pensation to be paid to the plain-remained 03 the vehicle and tif. This order was not complied hauled the basket up. with, and on March 23 last an ex- tention of time was made, which was admittedly rot by the consent of the plaintiff. On March 30 last, another extension of thine was made, also not by the consent of the plaintiff. On April 5, counsel went on to say, the compensation was paid into the Court,
the order.
Later, when witness was in the charge-room of the police station reporting the accident, deceased was found lying in the lorry.
GAMBLING CHARGES
No shares were bought,.and the money was alleged to have been used by Mrs. Dowling, said coun- sel. Shortly afterwards Mrs. Alex- ander let her flat to Mrs: Dowling. and later discovered that a certi- ficate for 90 shares in Price's Ltd. was missing from the fat.
The certificate was subsequently lodged with the National Provincial Bank to secure an overdraft of
iso on Carrick's account.
Mr. Du Cann, detending, said that Carrick had repaid the £150.
Dealing with the second charge. Mr. Gattle said that Mrs. Clark Was also a Christian Scientist. Carrick told her he was trying to find someone who would lend a woman £1,000 for three months.
The woman, he said, was pre-" pared to pay 60 per cent. Interest. Mrs. Clark handed Carrick a che- que for £1,250. and it was cashed by him.
BOATWOMEN FINED
---
Three boatwomen, Leung Sze, Wong Sze and Chan Shul, ap- Six Chinese were each fined $peared before the Hon. Comdr. Ģ.
Mr. Justice. Fraser asked to see by Mr. B. Edwards at the Central Magistracy yesterday for gambling as No. 63, Hollywood Road, Arst floor, a common gaming house Six others who did not appear had their ball estreated. One of these, the alleged keeper, was on ball of $40.
Counsel replied that he had not got the order in Court, but that it was assumed all the way through the lower Court proceedings that an order was made, at the same time pointing out that the question had never arisen before,
The Chief Justice said that there was no tormal order made, in reply to which counsel submitted that his instructing solicitor be allowed
Hole at the Marine Court yes- terday on charges of making fost their boats to the sa Ho Sang while the latter was under way. Lance-Sergeant Davis prosecuted First defendant, who had four previous convictions, was "fined 850, in default two months' hard A sum of $15.20 picked up was labour. The Magistrate warned ordered to be put in the poor box her that should she be charged In another case, called before again with the same offence. le Mr. R. A. D. Forrest, ten men ar- would commit her to, gaol. Second rested in a raid on No. 215. Queen's deferidant was fined 810 or 10 Road Fast, and charged with gam- days, while third defendant, who admitted two previous convictions, $30, in default four weeks' hard labour.
to consult the Magistrate in con-bling in a common gaming house, nection with this matter.
POINTS OF APPEAL
all falled to appear. Each was on ball of $2 and this war estreated.
▲ sum of $9.72 found on the
• Continuing, Counsel said that the cable was ordered put in the poor appeal was based on the following Box.
three points:--
(a) Once an award has been made, the plaintiff must pursue his remedy in the Magistrate's Court.
(b) Even, if this is so, the Ma- gistrate's orders extending time for payment were irrevelant, as money was in fact paid before the action
was brought.
"LET DOWN"
BENEFACTOR
"You have been given a chance. You were treated leplently. This sergeant found a job for you and
you have let m down." With
was Bined
MOTHERS FIGHT ÖVER CHILDREN
A quarrel between two married women Chan So-ying, aged 23, and Cheng Bal-lan, 22, children, wound up in a fight, as
over
a result of which both "were arrested and charged before Mr.
(c) All orders made, however in, these remarks Mr. RA.D. Forrest R. A. D. Forrest, at Central Ma- valid, are valid, until they are set!mposed" sentences totalling two
Hu Worship warned then not aside by a Court of competent months hard labour on Lam Muk-gistracy with disorderly conduct.
kwal, 17, unemployed, who pleaded to behave like children and asked Mr. Macnamara quoted author guilty. at Central Magistracy, yes them to promise not to
Jurisdiction..
again.
fight
each
They did this and were bound over in $10 for one year.
terday, to stealing a quantity of ities in support of his argument.
The Chief Justice remarked that clothing from Dr. Wong Che-to. the Court of Appeal must uphold This youth was before the Court that the learned trial Judge's de-some time ago, on another offence, cision was right and therefore, the when, he was bound over. Short- appeal must be dismissed, adding after that Detective-Sergeant HEARING ADJOURNED that a written judgment would be J. R. Bentley found him a job as
The case in which Ng Kwok- circulated to the parties concerned. a servant to Dr. Wong...
He returned the kindness by stealing, between December 19, Ding. 38. Lo Chuen, 36, and. Wong 1937, and January 1, 1938, four Kam-hung, 31, are charged with woollen coats, one woollen jacket armed robbery, was again ad- and a pair of trousers from his journed by Mr. R. Edwards at the Central Magistracy yesterday after employer.
further evidence had been taken.
The men are accused of armed robbery at No. 4. Tal On Terrace first Boor, on January 25, and Lam Kwan, 32, unemployed, and robbery and assault at No. 250 Tsang Ping, were each sentenced Hollywood Road, on January 22. to two months' hard labour by Mr.In addition, Ng is charged with
"ARMED ROBBERY CHARGE
Tong Tak, 34, unemployed, ap. peared before Mr, K. M. A. Barnett at the Kowloon Magistracy yes terday charged with armed robbery at No. 14 shekulung Street.
STOLE CHARCOAL"
It was alleged that the defen-R. A. D. Forrest, at Central Ma- attempting to discharge a loaded dant, on the day in question, with gistracy, yesterday, when they ad- revolver at Police Constable Tipi others not in custody, forced thermitted larceny of four baskets of Tin with intent to do him grievous way into the house and threaten charcoal, weighing about 160 cat- bodily harm, and unlawful posses- ed the occupant, Tam Yuet-lol, tles, from No. 380, Des Voeux Roadston of a revolver and five rounds married woman. Accused and his West. accomplices, who were armed with revolvers and daggers, then forced- Tam Yuet-loi and the other oc- cupants of the Hat Into the kitchen and bound and gagged them: They decamepd with money and jewel- 1егу.
DOCTOR LOSES WALLET
Dr. R. B. Gray, of No. 15 Seymour Terrace, has reported to the police
Later the accused was arrested that, some time between 10 and and at an identification parade 10.30, p.m. on Tuesday, he lost a
of ammunition.
Detective Sub-Inspector L. R Whant prosecuted...
BANISHEE RETURNS AND IS CAUGHT
Tse Shu, aged 42, was sentenced
Tam Tuet-loi pointed him out as wallet containing three 25 New to two month's hard labour by Mr. one of the men who had entered Zealand banknotes and other RAD Forrest at the Central
money to the value of $320.
Magistracy, yesterday; on a charge her fat and robbed her.
Det-Insp. Carey prosecuted. The wallet might have been of breach of the Deportation, After evidence was taken the taken from his person or dropped Ordinance. He was banished for hearing was adjourned to Febru-in Queen's Road Central near the 10 years in December, 1933, and
Hong Kong Hotel.
was arrested on Monday, ary. 22:
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