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EVERYWHERE.
THE HONGKONG TELEGRAPH, SATURDAY, DECEMBER 24, 192
THE RIGHT TO THE ROAD:
INDIAN DRIVER CONVICTED.
DENIED PERMISSION TO
VISIT LODGINGS.
Then they had the avidence of CHRISTIE AND BLUHM. the constable, who was standing on the rond that he recognised the prisoner and his companions al- CHIEF JUSTICE ON MOTORING. though the ear was going at a speed of 40-45 m.p.h., recording to chat witness's estimate, and it
Tho hearing was to have been. was night time. Counsel urged. that even in broad daylight the resumed yesterday afternoon at witness would have found it dim the Central Police Court, of the The trial at the Criminal Ses-cult to make such recognition if case in which James Christle-and was travelling at that Christopher Bluhm are charged sions before the Chief Justice, Sir the car Henry Gollan of Sandi Khan, an speed. How much more difficult with conspiracy to extort money. Indian chauffeur who was employ- would it be at night, he asked? from a Chinese Police Roservist, ed by Mr. Bernard Brown, on a That witness would also liave been but owing to a misunderstanding. charge of manslaughter, was con- dazzled by the car's lights, and yet as regards dates, it had again to be cluded yesterday afternoon when he had said he had recognised the adjourned. the jury returned a verdict of men. "Guilty" and the prisoner was sen- teneed to two years' hard labour. Mr. D'Almada submitted that the explanation was that the car After the jury's verdict was an-was travelling at a much slower nounced his Lordship refused an rate, thire enabling the witness to application by defending counsel recognise, the men. " for the imposition of a fine.
Mr. J. A. Gordon Leask who put in a late appearance in Court, apologised for the delay, which he said was due to a misunderstand- ing. He had undertood that the case was not to be heard that day, but that at the last hearing his The next point counsel dealt Worship had fixed the 28th in-. The defendant was alleged to with was the prisoner's record asstant for the resumption. He new have knocked down a woman while stated by Sub-Inspector C. F. asked that this date should be driving a car at West Point and Alexander, who had said in avid allowed to stand, as his presence caused her death on the night of ence that the prisoner had been in the Supreme Court was required
Somerset cautioned by the C.S.P. for neglig- during the afternoon. November 21. Mr. Fitzroy prosecuted for the Crownlent driving and that he had also
On Mr. T. H. King stating that and Mr. Leo D'Almada e Castro, beeu fined $10. for another similar jar, instructed by Mr. Leo D'Al-offence. Counsel urged that, con- he had no objection, the case was sidering the occurrences covered adjourned to the date asked for mada, senior defended.
a period of six or seven years by Mr. Gordon Leask, driving in Hongkong, the prisoner could claim to have a good re- cord. Such convictions migh have been incurred by any motorist.
After an adjournment for Elin the last witness for the defence was called. He was the Indian watchman who was riding in the car together with the prisoner and the Indian constable at the time of the accident. He stated that he was sitting in the back seat when the car came into con-
tact with something and he was thrown to the floor of the car Hu did not know of any mishap until then.
Counsel's Appeal,
14
Mr. Leo D'Almada, Jr., made a strong appeal on behalf of the prisoner, pointing out that the evidence adduced by the Crown was of a contradictory nature and highly unsatisfactory.
Not Intoxicated.
Mr. Leask next asked that per- mission be given to the defendants to go over to their late lodgings at Kowloon to fetch cleaner clothing.
Mr. King objected to this. He Referring to Mr. Brown's evid-pointed out that the defendants. were on a committal warrant, and once with regard to warning pri- reminded His Worship that they
soner when he was said to be
cccasions when
from Hish Lordship: But this is n very serious case of manslaughter.
Mr. D'Almada: The case I re- ferred to occurred between 1907 and 1908.
drunk, Mr. D'Almada said that and had already this facility on
two previous there was no proof or allegation ample provision could have been in this case that prisoner was made by the defendants, under the influence of intoxicating liquor. The fact that he had been able to negotiate difficult corners, and congested traffic on the lower levels, when he returned taking Mr. Bernard Brown to his residence, was sufficient proof that prisoner was capable of driv- ing the cur
im- "Counsel further commented on He first of all announced that
His Lordship: I cannot
On the he had been requested by the the fact that out of 43 prisoner to express regret at the coolics near the scene of the mis pose a fine in this case. accident. It was beyond his con-hap the Crown had only seen fit evidence the jury have found trol. He also desired to express to call one of them to give evid-against you, in favour of the his regret to the relatives of the enee in the case. deceased that the girl'should have Host her life. This was the first opportunity he had had of express- ing such sentiments.
7
Disregard For Life.
cargo
Crown, and I think the evidence is very much against you.
Warning to Drivers. Addressing the prisoner his Lordship said: You have been convicted by the jury on clear evidence of having driven this car in a most reckless manner an the night in question. There is not a redeeming feature in the whole cases
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Mr. Fitzroy, in replying to Mr. D'Almada, reviewed the evidence Before they could find that the and submitted that prisoner had charge of manslaughter had been shown a total disregard for human proved against the prisoner, con-life. He held that it was a case tinued Mr. D'Almada, they had to of reckless driving and that there And that he was guilty of gross was no attempt to render any as that having done culpable negligence and they must sistance, and find him guilty at the evidence the damage the prisoner drove
You ran over four people, kill- alone. He dealt at some length way. Counsel submitted that no with the evidence brought by the satisfactory explanation had beening one, then you went off without Crown which he attempted to offered by the defence. This was paying the slightest attention to not the first time that prisoner had the people that you had injured. show was contradictory.
been accused of negligent driving. You say that you went away be-
Judgé Sums Up.
cause you were afraid of being in- jured by the coolles. Your own French Bank Building, ness, a cargo coolie was of the i His Lordship's summing up oc-witness, Noor Mohamed, contra- most unsatisfactory nature. He cupied some 20 minutes. The dicts you and says that he tried to hud stated that the car was travel- present case, he said, was of very make you stop but you refused to ling at a very high speed, but as great importance because it in stop. The fact that you drove off against that they had heard the volved the question as to the way in that way is no part of this off- evidence of the prisonen himself in which roads should be used by enee, but still it is a matter that and of two Indian constables, one bath drivers and pedestrians. one has to keep in mind when con- of whom was in the car and the His Lordship reviewed the evid-sidering what your state of mind other standing on the road. The ence for both sides and explained was on this evening..
Mr. D'Almada contended that. the evidence of the principal wit-
Inolicemen's versions were that to the jury that both drivers and Some drivers in Hongkong
work at all.
of
the car was travelling very pedestrians had certain rights on
think that they have a complete slowly at the time of the mishap, the road, of which the law took n That coolic had also made a state-wide and reasonable view. Both right to the road and that every ment of an extraordinary nature, were expected to use reasonable body must get out of their way. that out of 43 coolies he was the care towards each other in order You seem to think, according to only one who was working at the to ensure mutual safety. His one of your answers, that when time. The others had apparently Lordship dealt with the rights of you blow the horn, anybody who slacked off and were doing no both parties and tommented that is in the road has to get out of
the evidence dealing with the your way, The Crown had tried to show question of speed was vague. that the car swerved from its
After a shont retirement the
returned course, but that had not been subjury
vordiet a stantiated by any other witnesses. "Guilty."
Impossible Speed. Dealing with the speed of the car, Mr. D'Almada continued that the speed alleged of 40-45- m.p.h. [was impossible under the circum- Mr. D'Almada: In view of the girl and her death is simply due The sea- stances. It was probable that prisoner's past record as a driver. to your recklessness. some of the jurors were motorists. I will ask your Lordship to imposetence of the Court is two years'
fine.
hard labour.
With this
спас the Criminal Sessions for the present month Mr. D'Almada: Funderstand it concluded. His Lordship thank- has been done in the court before.ed the jurors.
:
Was it possible, he asked, for a Buick touring, car to leave a cor
I want to make drivers clearly understand that the man who is walking on the road has as much right to the road as the driver, and the people who are walking Before dealing with the prison are not to be chased by motor cars er his Lordship asked Mr. D'Alor run over with them in the fu- mada, inn. whether there was any türe. thing he wished to say.
His Lordship: Oh, but, I can- tain spot and accelerate to a speed not consider a fine. of. 40-45 m.p.h. within 200 yards? He ventured the opinion that it
was not.
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