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C. P. O. KELSEY DISCHARGED.

WEDNESDAY, MAY 2, 1928.

His Lordship, in asking Mr. STUDENT HYSTERIA. Fitzroy what he had to say in reply to Mr. Sheldon's contentions, Bald Counsel for the Crown could assume, in his favour that the MANSLAUGHTER CASE ENDS. man's death was caused by the

+

Without calling upon prisoner to give evidence the Chlof Justice, Sir lienry Gollan, speck fically instructed the jury to re- turn a verdict of "Not Guilty against Petty Officer W: G. Kelsey, of H.M.S. Ambrose, on the charge of manslaughter; at the Criminal Sessions yesterday afternoon;

Without retiring the jury re turned the required verdiet and

•P/O Kelsey was discharged, A

Mr. Sheldon gubmitted that there was literally no evidence that could be referred to the jury that the prisoner's act was the direct and immediate cause of Tam Tak-yuen's death, and even if there was, there was no evidence to show any negligence on the part of the prisoner. Thirdly, Counsel submitted, there was no evidence of dangerous driving.

Evidence for Jury. '

Hin Lordship, putting the case as he saw it at the moment, said the man's death was caused by the prisoner's action. That being so the onus was shifted on to the prisoner to prove that there was no negligence, Counsel could use the evidence which had been produced for the Crown for that purpose.

prisoner.

BOYCOTT URGED AGAINST JAPAN:

UNIVERSITY RIOT.

FIFTY STUDENTS EXPELLED IN HAVANA.

Demanding 4 Boverance

Havand, May 12 Mr. Fitzroy replied that the economie mlations with Japan, The Council of the University of speed of the car was not relied the National Chinese Students' Ilavans has expelled over 50 stud- upon by the Crown and it never Union are loudest among Shang- enta who participated in the re- could be relied upon in such a hal organizations in protesting cont riots, which resulted in the Cass. The question was, did the against the decision of the Japan-closing of the university and the prisoner drive with a disregard forese Government to despatch a divi-placing of troops on the campus.— the life and safety of people, and sion of troops to Shantung to pro- Router's American Service, that was what the Crown case was toct Japanese lives and property based on. A motor driver, be con-as the tide of warfare sweeps

Today Tomorrow

Feeling "off your food" today!

inped; owed duty to everyone northwards to Peking. Deeper to the Imperiál Japanese Govára. Nothing tempts you. Everything else on the road. The evidence tone to the volume of protest was Iment's action, painting out that is wrong. The whole world seems showed that the prisoner did not furnished by apelat meeting of the Central Party and Government askew Your trouble is "liver." take sufficient care, with the reorganizations, headed by the Chin-authorities are already taking the Most probably intestinal indetivity sult that Tam Tak-yuen was dead, ese General Chamber of Com-necessary steps to deal with the too. Just take a little dose of Pinkettas tonight; you'll be sur merce, held on Monday of laat situation......

prised how much better and week.

Five Resolutions Passed. The following five resolutions brighter you will feel, how well.

you will eat, tomorrow morning. tung has aroused the greatest in were finally adopted at the meet- All chemists soll Pinkettes, or

No Evidence,

His Lordship: Well, what is the evidence? I cannot see any evidence

The despatch of troops to Shan-

of reaklessness in failing to take dignation in Chinese circles in ing

uelent care, and the onus is on Shanghai, judging from the flood you to show that. Doesn't, it ther go to show that the car was being driven at four o'clock in the morning at 20 miles an hour? The Lending local commercial or-counselling them to rectify the street was certainly not unduly ganizations, including the Shang- mistake of Promier Tanaka,

2. That in view of the fact that full of people, although there is hal General Chamber of Com always danger of people walking merce, the Amalgamated Associa-the presence of Japanese troops across the Praya. The speed is a tion of Street Unions, Labour in Shantung is an obstacle to the very material thing. What is the Unions and other organs jointly progress of the northern punitive evidence?

held a niecting at the General expedition, all public organiza- Chamber of Commerce building to tions and other civic bodies should discuss and formulate measures unite together to strengthen the against Japan as a protest against rear and to maintain peace and the despatch of troops to Shan-order do as to hasten the advance tung by the Imperial Japanese at the war. fronts.

1. That in order to maintain post free, 60 cents the vial, from of telegrams, declarations and air the friendly relations between The Dr. Williams Medicino Co., 60, culars denouncing the action of China and Japan, a declaration Kingse Road, Bhanghal.

be issued to the Japaneso people, Pinkettes Keep You Well Premier Baron Tanaka.

L

Officials Take Part

8. That special precautions be taken against the Communists. who are taking advantage of the situation to fomont troublé and; While the meeting was in pro-te impair success of the northern greas, Mr. Miao Bin, Quarter punitive expedition. Master-General of the Headquar 4. That for the purpose of ters of the Nationalist Comman- bringing the revolution to a sục- der-in-Chief General Chien Ta-coastal conclusion, all unprofitable chun. Commander of the Shanghai movements, such as strikes in and Woosung Gendarmerie, and schools and factories, detrimental Mayor Chang Ting-fan of the to the peace and order in the rear, Special Municipality of Shanghai be avoided.

5. That the Nationalist Gov- and Woosung, arrived together and were introduced. to the meet-ernment be requested to assume full responsibility for the protec-:

Counsel for the Crown replied they had heard the evidence of the Mr. Sheldon went on to refer to foki of the licensed driver who various sections covering the said they were going so fast that charge of manslaughter, including he put his head down. Except for Government. that under which the prisoner was that they had no evidence of ex-| charged, in the course of which hecessive speed. dealt with unintentially, killing His Lordship: It seems to me and causing death by culpable and your evidence goes to show that gross neglect Counsel remarked there was no negligence at all and that the law did not require the that the most that can be sald is utmost precaution, but reasonable thint, if he (the prisgner) had done precaution. The negligence, he something otherwise he ought have said, must have been the direct avoided the accident, by steering a and immediato cause of a man's slightly different course. death. If the particular negli- gence was not proximate and suf Mr. Fitzroy replied the only ficient cause of the death they evidence the Crown had to show could not convict. There was no that the prisoner showed wanton evidence at all, commented Coun- disregard for the safety of other. sel, that the negligence deputed to people, was that the car skidded In the course of their speeches,tion of foreign lives and property, and thereby removing the excuse for the prisoner was sumelent to for 78 feat. If his Lordship did Mr. Miao, General Chien

not think that that evidence Mayor Chang, all counselled mo-the dispatch of Japanese troops. cause Tam's death.

His Lordship said he was amounted to anything then he deration by the people in regard to Shantung. against Mr. Sheldon on the sub- (Counsel) had nothing more to mission that there was literally no Bay.

evidence that, the prisoner's act His Lordship shook his head at was the direct and immediate cause this and intimated that he did not

of Tam's death and continued that attach weight to that evidence.

"Not Guilty."

The prisoner was not called

if the death was proved to have béen caused by the prisoner there was evidence to go to the jury and the only thing that remained for Counsel to do was to show that upon to give evidence and, in ad- the death was due to an accident dressing the jury, his Lordship and not to negligence. There was reminded them that the only ovidence, in the caso for the witness who could be said to have Crown, that death was caused by given direct evidence was the an accident, though, according to licensed driver, His Lordship added ¿the Crown case, death was caused that he thought he could assume

by the prisoner. His Lordship held that there was ovidence that the prisoner's act was the proxi- mate cause of the man's death.

No Dangerous Driving.

that the jury would not pay very much attention to his evidence,, After referring to discrepancies in the driver's evidence his Lordship commented that it was "not worth much." He continued that he did Mr. Sheldon then spoke, with not see how he could leave tho regard to the evidence relating case to the jury and say there was to dangerous driving When it any evidence at all. from which was tonsidered, he said, there was they could come to the conclusion! no evidence at all that the prisoner that the prisoner was guilty of drove the car dangerously. The wanton disregard for the lives and Hicensed driver had told Subenfety of others. He directed the Inspector C., F. Alexander, on the jury to return a verdet of "Not

a. morning of the accident when the Gulity." incidents were fresh in his mind,

Without retiring the Jury re-

that the car was traveling 42 20 turned a verdict of "Not Guilty." miles an hour. That was the only

reliable evidence with regard to His Lordship then commopted speed, Counsel submitted, unless that that was all they could have they attached weight to the evid-] done. It was very regrettable that ence of Sub-Inspector A. 11. Mason, Tam Tak-yuen should bave met who had estimated the speed at his death on that occasion, but 25 miles an hour. Mr. Sholdon they were dealing with the eri- said they could not attack migch minal law and, before. A person weight to that evidence so they could be punished any offence had were left only with the statement to be proved beyond all reasonable of the driver. He did not think doubt "I think the only verillet is that anyone would duggest that 20 the one that you have returned miles an hour at three o'clock in upon my instructions.” the morning was dangerous driving.

Prisoner's Regret.

His Lordship remarked that Mr Sheldon sald the prisoner there was the etatement of the had specifically instructed him to driver that, he catimated the speed express to the Court and jury his at 40 miles an hour,

real and very earnest concern for Mr; Sheldon submitted that his the unfortunate man. Lordship could not take that into consideration,

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