1935-04-30 — Page 12

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NINETY - FIRST YEAR OF PUBLICATION

HONG KONG, TUESDAY, APRIL 30, 1935.

Ainsworth

(Continued From Pogi 1)

Trial FEDERATION

IN INDIA

"My client's case is," Mr. Mac: MAJORITY OF

hamara continued "That he was YARDS OR FEET Mr.

Macnamara "Don't you travelling past Wallace Harper's think that when the accused said garage' at a speed of 35 m.p.h. On that he first saw the deceased at a entering the controlled area ho distance of 75 yards what he real applied his brakes and slowed his ly meant to say was 76 fest?" Wit: speed down to 20 mph. At

¡ness: "I don't know what he distance of about 75 feet he saw meant to say, all I know is that he a Chinese crossing the road: lle said 75 yards and I took that sounded his horn, but the man did

down."

"With regard to those Was Mr. Ainsworth present

1

not pay any attention. He sound-

STATES LIKELY

TO ADHERE Travancore Claims May Decide Issue

tests, ed his horn, again and this time the FORMER MISUNDERSTANDINGS

REGARDED AS LIQUIDATED when man changed his direction into the Mr. Ainsworth path of the car.

Simla, To-day, the test were carried out."

"Witness: "I told him that swerved to avoid him, and, in so

cyclist and then It is learned that adhesion to the was going to test the brakes but doing, struck a

Federation plan of at least 51 per he took no stepa to attend, and so killed the other man."

QUESTION OF SPEED I didn't trouble any further."

Sergeant Baker was the next "The Crown allege that the car cent. of that part of India which is an excessively ruled by the Princes is regarded in witness called. In answering was travelling at questions put by the Crown, wit high speed at the time it struck the official circles as practically cer- news. said that accused had not man. I do not see then, how it is helped with the measuring of the that it was not travelling swiftly akid marks immediately after the, when it struck the traffic island. accident had occurred. in one of which they do not allege."

Mr. Fraser: "It is not part of the his statements accused stated that

tain.

Among the larger States whose entry into the Federation is counted on are Hyderabad, Travancore, Mysore Gwalior.

he had. The skid mark was 97 Crown case that the car was travel-Kashmir, Jaipur, Jodhpur, and feet long and the accused had sakding at a high speed when it struck Udaipur. "That's right," on being informed the man. It is alleged that it was

of this by witncas.

skid mark. made no comment.

Although it is expected that travelling swiftly when it entered some of the smaller States will the controlled area.".

continue to agitate against the SKID MARK UNKNOWN

Mr. Macnamara: "Then I fall to scheme, official circles regard the Mr. Macnamara interjected at

previous misunderstandings as this point and said that he would see why we are here at all."

Ainsworth then took the stand to liquidated, prove that accused had in fact

He stated that If the claims now being urged known nothing of the length of the give his evidence.

Consequently he had he had been on his way to the Kow-by Travancore are fairly met it 1oon Hospital at the time the sci-jis declared that the other mari- Indian Police Constable B 505 dent had occurred. He was not in time States are likely to follow lead and accept the was then called to give evidence. any hurry. He had in fact stopped her

Reuter. He stated that at the time of the at the Duro. Garage In order to fill scheme. accident he had been about to turn up with petrol, but, seeing that the left off Nathan Road into Jordan pump was occupied he had carried When passing Wallace Har Road. He heard the sound of a faxton. approaching vehicle and turned per's garage his speed was appro- and was accused's car coming ximately 30 m.p.h. In the controll- down Nathan Road. He paid no ed area it was 20 m.ph. When he thirdly, an extension of the tele- further attention unl the sound took the car out he was given to phone service making the tele-1 of the crash. He did not see the understand that it was in perfect phone by the end of 1986 ás actual crash because he had al mechanical order. He had driven it readily available in rural and re- mote parts of the country, as in ready turned into Jordan Road. be twice before.

the cities and towns and involv- ACCIDENT RECONSTRUCTED fore it occurred.

Cross-examined by Mr, Macnamara Mr. Fraser: "I am going to sug-ing the installation of additional witness stated that he had not gest to you, Mr. Ainsworth, that 1,000 telephone call offices, and seen the deceased, although he was you are in the habit of travelling finally an improvement in the

at the same spot from where, ac at a fairly high speed.” cording to the Crown, deceased was stated to have stepped. NON ISLAND NOT PAVEMENT

211

Witness: "That may be so." Mr. Fraser: "Did you sound your horn when you saw deceased?"

Witness: "I. sounded my horn

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Mr. Macnamara: "Of course you did not see him. You didn't see when I entered the controlled area."sion between May 6 and May $1, Mr. Fraser: Am I to understand the standard of the Radio Tele- him because he was never there. Deceased came from the traffic that you always sound your horn phone rates between Great Bri island in the centre of the road and when you enter controlled arean?" tain and "the Dominions and In- Witness; only at cross-dia, would be reduced by one- not from the pavement.".

Counsel for the defence then roads.", addressed the the jury. He stated Mr. Fraser: "But you sald that the indictment which had moment ago that you sounded your been served against Mr. Ainsworth horn because you were entering a Ainsworth, Mr. Fraser reconstruct! Jed the scene of the accident with the was one of the most serious in controlled area."

Witness: "I am sorry if you mis-jrelative positions of the car, the de- There

too criminal law.

were

I don't do it at ceased, and the traffic island" many accidenta on the roads and it interpreted me. nould be proved that these ac- every controlled area, only in this, Mr. Fraser: "How do you sug- cidents were mostly caused by case because there happened to be afgest he was struck?"!-

Witness: "I don't know. I think three types of drivers-young dangerous crossing.

Mr. Fraser: "This is the second that it is possible that he could drivers with Úttle experience, drivers with many previous con- time you have made a statement have caught hold of, some part of You will the car, but I don't know 'I did victions; and drivers under the in-and then corrected it. fluence of drink. Fortunately not have to be more accurate in your not see him hit." one of these things could be alleged evidence.", against his client.

..

>

The case was adjourned at this Acting on the Instructions of Mr stage until this afternoon.

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