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AND ATTENTION OF
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Phone No. 58008.
Cable KowLOTEL Hongkong.
PALACE
Tel. Kowloon No. 3,
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A First Clans Residential, and Tourist Hotel with all the Con- veniences of a flome. Under Entirely European Management. Cosy Lounge and Billiard Suloon. Three minutes from Ferry. Families
Moderate term. apecially catered for.
Music
Daily.
MRS. J. M. OXBERRY,
Proprietress.
PENANG
RUNNYMEDE
Dinner
Dance
Twice weekly
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With beautiful private lawns to the Sea.
TWENTY ADDITIONAL ROOMS-COMPLETELY MODERNISED AND RE-FURNISHED ARE NOW READY.
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SINGAPORE.
"RENOWNED BY RECOMMENDATION "
DANCING: After Dinner every Tuesday, Thurs-
MUSIC:
day and Saturday.
On the VERANDAH- Monday to Friday-7.45 p.m. to 8,30
pm.
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and 8.00 p.m. to 8.30 p.m. Sunday Concerts-9.50 p.m. toll p,m.
Robert Drescher's Famous Viennese Orchestra Plays During Tiffin and Dinner Every Day.
GRILL:
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Cables " EUROPE.” Singapore.
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TAILOR
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No. 6~D'Agullar Street
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Tal 28780.
THE HONGKONG TELEGRAPH, FRIDAY, JUNE 5, 1931.
TRAIN DISASTER VERDICT.
JURY'S FINDINGS AND COMMENTS.
CHINESE HEAVILY
FINED.
RIOTOUS CONDUCT AND CHOPPER POSSESSION.
SEQUEL TO PEDDER STREET FRACAS.
PTE. BRAIN FINED FOR DELIBERATE ASSAULT.
Private F, J, Brain, of the South Borderers, who
AMUJEMY
with
AT
THE
STAR
Chan Cheuk was charged yester- day before Mr. E. W. Ilamilton, at Wales the Kowloon Magistracy, with hav-rivate H. J. James, of the same ing on May 27 at Mongkek unlaw. Regiment, was charged with com- fully had possession of an offensivemitting an assault and fnffeting weapon, to wit a chopper, with in-grievous bodily harm on a Chin- evo detective, Chan Kiu, during a test to use it for an unlawful pur-fracua in Pedder Street, on the night of May 6, was convicted and weeks' hard fined $100, or six labour in default, at the conclu- sion of the case before Mr. Wiliams at the Central Magis- tracy yesterday afternoon.
Sitting at the Kowloon Magis- tracy yesterday, the Special Jury which heard the evidence given by number of witnesses in the in- quest on the body of Chan Chu, one of the victims of the Kowloon, Canton Railway accident on April 20 last, roturned their verdict. attached to which were several pore, and also with having behaved recommendations to the Railway in a riotous or disorderly manner management.
with intent to provoke a breach of The finding was one of accl-the peace on the same day. dontal death resulting from the derailment of train No. 19. The
were as follow:
'The Verdict,
jumped
**[e 5
The evidence against Private James was found insufficient and he was discharged.
Outlining the facts of the case, Detective Inspector Fallon snid verdict. and recommendations that about 12.40 p.m. on May 27 a bricklayer by the name of Yuen
For the Police, Mr. T. Murphy. Seung boarded a Kowloon bus In Prince Edward Road, and saw in it | A.S.P. spoke of the part played by We return n verdict. of acet- -even men whom he knew. The de- the Chinese woman, Chan Ying, in dental death due to injuries Tefendant was one of them and the cane. The allegation that ceived in the derailment of train abused the complaint, together Chan Klu came up and without No. 19, which left Shumchun for with the others. When they reach any provocation pushed Brain Kowloon at 449 p.m. on Monday,ed the Police Training School, the violently, to nskad his Worship to April 20, 19, and that the enuse cómplainant
off. The discredit entirely. In his long ex- of denti was asphyxin caused by seven men also jumped off, and perience, extending over a period some heavy weight pressing on the defendant produred a chopper of 20 years. Mr. Murphy sold he the front of the body proventing with which he threatened the com- had never known of a case, where the lungs from expanding.
plainant. A police whistle a Chinese uniformed officer or a messenger Chinese detective had interfered We find that the derailmeat, sounded, and a palier which took place about 5.10 p.m. arrived on the scene. He tried to unnecessarily with any foreigner,
the defendant. wizo WBA in uniform or otherwise. on April 20, was due to the cul- stop
As to what happened, continued lapse of the Railway embankment brandishing the chopper. An In between Bridge 22 Tunnel dian Inspector then came up, and Mr. Murphy, or who started the
away and was incident, they could only the defendant ran No. 3. The damage to the per-thased to the Mongkok Theatre, deductions, na the injured 717
way manent
undoubtedly
In Hospital unfortunately caused by a tremendous bend of There a European constable tried now water
the coming down stream to trip him up, but he managed to could not appear before the Court and overflowing the diverting ret away. He was eventually ar
to give his story. It would ap- wall into the all course of the rested crouching under a pile of
pear from the evidence, however, waterfall, which is situated just bricks. He had thrown away the
that the assault by Brain on Chan hove that part of the line where chopper previous to his arrest. On Kin was entirely unprovoked and the accident took place, than him was found a paper sheath, was an unwarranted assnuit, and undermining the railway track which fitted the chopper.
that being the case he would ask at that point,
his Worship to take a serious view of the ease.
WAX
The
defendant denied both charges. He said that the chopper belonged to the complainant, and he had snatched it from him,
We find that this sudden and extraordinary rush of water was the result of the very abnormal, in fact, unprecedunted ratufall in
After evidence had been heard, the valleys above, many inches of rain falling within a very short ir. Hamilton convicted him and period of time, the downfall prac-fined him $250 or three months' im- tically amounting to a cloudburst, prisonment on cacli charge, the sen resulting in a sharp rise in the fences to run consecutively. stream, clearly indicated by an examination of its banics. This
rise in the water level was going raised, the bottle-neck above siderably assisted by the previous the Waterfall should be widened, day's heavy rains,
thus ensuring a quicker overflow, and a direct fall of water into the pant below.
Inspection.
We find that the co-operation 2. That the Railway embank between the Railway, Police, Firement at the scene of the accident Brigade and Medical Officials, was should be pitched on the land, sile entirely satisfactory. and repre- with stane set in cement, and the
entatives of these departments rot. running alongside samo were promptly on the scene of widened. the accident.
We find that the Railway Com- pany's system for patrolling and inspecting the line is a good one, and that these duties are carried out in a thorough und efficient
munner.
be
make
For the accused, Mr. D. 15. Evans referred to an extraordin- Jary divergence in the evidence on a matter which he said could have minutes. lasted for only a few
His Worship was asked to believe, from the evidence of the police; that two absolutely sober British soldiers enmmitted 2111 entirely unwarranted and brutal assault. himself, Brali's version was to be For the reason that it was against believed when he said that he was having a disagreement with the woman, Chan Ying, and was push- ing her from one side of him to another when Chan Kiu interfered and pushed him against the gate. Mr. Evans found that sufficient provocation for any mun la have struck back, which, was exactly what Brain did.
3. The Jury are strongly of the Mr. Evans dealt with the other opinion that the Railway Com-facts, submitting that the evidence pany should thoroughly investi-of the other detective and of Chan ate the necessity or otherwise of Ying was contradictory and that strengthening the Railway em-to believe the one was to discredit bankments, bridges, etc. at other the other. places subject to action by fresh and/or salt water.
His Worship in giving his decl- Where so many did such herole
aion, observed that the inability of and useful rescue. and first-aid 4. That electric torches he car- the injured man to give evidence work under most difficult and at rieri in first aid boxes and includ-made it difficult to arrive at the Umes dangerous conditions 10 ed in emergency equipment. would be superfluous to single out individuals. but we are of the pinion that it would be only all trains, and that one
out. He was satisfied right that the splendid servicesBergency jacks be carried in theeses, as Mr. Evans had pointed rendered by Dr. Smalley and all brake van.
5. Hack saws to be carried on
of the
exact nature of the incident, and there was considerable divergence in the statements of the other wit.
the
whole with the account given by the woman, Chan Ying, as offer ading a more correct explanation of
what happened.
evidence
those associated with him should 6. That a supplementary supply be placed on record. Dr. Farrof breakdown gçár be kept who was on the spot early de- visedly say at Talpo. serves every credit for summing
In making the above recommen- After reviewing the Hup Lic
situation, and acting ations the Jury are aware of the his Worship found that Brain had promptly. Mr. Arculli also gave financial stringency at present committed a deliberate assault, most invaluable assistance in re-obtaining in the Colony but feel the consequences of which might moving the injured in his motor sure that under the circumstances have been worse than they were the Government will see its way and would have rendered him The morale of the Railway Offi-to provide funds for such work liable to trial for rials on the unfortunate train and equipment as may-be consi-Brain would be convicted, his evidently reached a high standard dered necessary
Worship said, of assault and of also causing grievous bodily harm in view of the fact that the injured man had now been three or four weeks in Hospital and that it was
eur.
and special mention must be made Addressing the Jury at the con- of the guard, who acted very cool-clusion. Mr. Hamilton, the Coro
ly and promptly in his endeavourner, said that he agreed almost en- to send a message for asalstance tirely with their verdict, which
manslaughter.
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in addition to which he carried together with the depositions he not known whether the injuries out his duties by placing detona-would forward to the Government. would have a recurrent effect. tors at intervals on both sides of With regard to the St. John Am- In pointing out that Brain was. the derailed train.
bulance Brigade's training of the Ilable to imprisonment on The first aid work, of the Rail-rallway staff, he understood that charge, his Worship said he would way Co'u employees appears to their remarks on it referred intake into consideration the good
character givon have been excellent, and reflects actual fact to Dr. Dorey.
him by his great credit on their mentors the
superior officer and fined him only St. John Ambulance Brigade
$100, or six weeks'. Overseas.
He personally thanked them very heartily for the tremendous amount of work they hnd put into the case, and for the very plea- Fant way in which they co-opern 1. The Jury recommend that in 'ted with him, thus rendering his addition to the diverting wall he task comparatively simple.
Jury's Recommendations.
SALESMAN SAM
SAY, WARDEN,YA GOT AN OLD PAL & MINE IN JAIL HERE- I'D LIKE TA VISIT WITH
HIM!
JAIL BREAKING
16
POSITIVELY
OUT
HERE
THIS
SIDE
́OKE, HOWOY! HERE'S
THAKEY TO HIS
CELL
The fine was paid. Private James was discharged, the his Worship stating that evidence against him was insuffi- clent,
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