1939-08-17 — Page 4

B

TO-DAY. MAMAMA

ONLY

Thoir first show in two years...Their funniest show of all!

JAMES

At 2.0

5.10,

THE CHINA MAIL, AUGUST 17, 1939.

COURT TO MAKE TRIAL

7.15 & 9.30 P.M. TRIP IN NAVAL

MAFEYS GIRL

gfrom the play produced by Clearga Akkayy

Together Apatine!

PAT

CAGNEY O'BRIEN

♫ MARIE WILSON-RALPH BELLAMY-FRANK MƏHIGH-DICK FORAN Directed by ULOVO BACON • Saroen Play by Dolla & Samosć Spowścić • A medii mOGS, FISTORS

TO-MORROW

20th Century Fox Picture

DAILY 2.30-5.15

"KENTUCKY"

IN TECHNICOLOUR

'with LORETTA YOUNG

RICHARD GREENE

4. SHOWS

TAKE ANY TRAM OR HAPPY VALLEY BUS

FLEMING ROAD WANCHA

TEL 28473

7.15-9.30

ORIENTAL

CLAST 4 TIMES TO-DAY

A MARVELLOUS PICTURE FILLED WITH EXCITEMENT! A gripping fast-action story that will hold you spell-bound to the

Thrill as the toughest cop on the force

ends a reign

of TNTerror!

TWO DAYS ONLY !

very finish.

EXPLOSIVE ACTION

HIGHWAY

PATROL

ROHTRI

PALG

JACQUELINES

WELLS *A Columbia Pictures

TO-MORROW AND SATURDAY

THE SEASON'S MOST SENSATION FILM! Robinson lashes out at a hord of human vultures in a burning

drama to clean up crime.

ROBINSON

1 m

The Law

GARBARA O'NEIL · JOHN BEAL WENDY BARRIE - OTTO KRUGER

A COLUMBIA PICTURE

STARTING

SUNDAY

"ANGELS WITH DIRTY FACES"

● MATINEES ➡20c.-30c • EVENINGS #20c,-30c.-50c.-70c.

The China Dail."

DEALS

CONCISELY AND ACCURATELY

WITH THE NEWS

“EARLIEST WITH. THE LATEST"

COLLISION CLAIM CASE

THE $20,000 COLLISION CASE between the Admiralty and the Harbour Department was continued this morning before Chief Justice, Sir Atholl MacGregor at the Supreme Court this morning.

The plaintiffs were represented by he stopped his engines, he was about Mr. H. G. Sheldon, K.C., instructed 30 yards away. He stopped his en-- by Mr. E. S. C. Brooks, of Hastings gines almost at the moment of im- and Co., while defendant was defend-pact; he was about half a cable away ed by Mr. J.-Whyatt, Crown Counsel, and was going at 10 knots... aided by Commodore C. H. Hole,

He denied a suggestion that his story was completely inaccurate and would say that any witness was hope- lessly wrong it he stated that it was a minute or half a minute before witness reached the scene of the ac--

At the commencement, of to-day's hearing, His Lordship suggested going aboard a launch from Tsimshatsui to the end of No. 5 pier and later on a Motor Torpedo Boat in order to test r point or two in the evidence of Lieut.cident. Boddy.

Petty Officer Mitchell, coxswain of Mr. Whyatt agreed and said that Motor boat No. 8 said he had been arrangements would be made to car-coxswain for 14 months. He was not: ry this out on Saturday morning if acquainted with the rules of the har convenient.

bour, limiting speed to 10 knots. He Lieut. Boddy, re-examined by Mr. could not recall any occasion when Sheldon, said that one of the factors his boat travelled at 18 knots in the which confirmed his estimate of where harbour. When the boat left the cam-- the accident occurred was that a vehi-ber it was going at 12 knots; going át cular ferry was nearby and had only nine knots would have affected the: to make a slight change of course to steering.. their assistance.

FOLLOWING M.T.B.

NO CASE SUBMISSION

Lieut. J. Harris, giving evidence, Mr. Whyatt contended, at this stage,- said he was following M.T.B. No. 8. that he had no case to answer. He: He was in charge of M.T.B. No. 11. submitted that an, admission of fact M.T.B. No 3 was involved in an ac- In a preliminary act was absolutely cident where on a course approxim- I binding and could not be deviated ately west. He was about half a cable | from. Plaintiffs had stated in their

preliminary act that 30 seconds be- fore the collision, the launch still did. not alter her course ́or speed, That was the case which he had to meet,- but now plaintiffs, in order to sub... to. stantlate their claim, had tried show that it was, in fact, within a few seconds and not 30 seconds. Lieut. Boddy might have been mistaken but that was his misfortune and not de- fendant's, because it was too late to alter it. Once he had stated: 30 se-- conds, he could not say that he had made a mistake and was sorry, but was bound by that statement in law. Plaintiffs could not succeed in their casc under the circumstances. In or- der to succeed they had to ⚫ throw overboard the statement' in the preli- · minary act and this they could not do, in law, as they must be bound

astern.

Witness noticed the launch when he was about level with the end of the pier. The launch was on a course just East of North, practically at right angles to his boat. He saw Lieut. Bod- dy wave his hands when the launch was close on the port side but did not notice. any reduction of speed either by the motor boat or the launch. Lieut. Harris said that about five seconds before the collision he saw the launch turn to starboard. Motor boat No. 8 also turned to starboard and about this time increased her speed. He did not hear any whistle or see steam for the whistle of the launch. Till the accident, the Motor boat did not alter course to port at all...

Cross-examined, Lieut. Harris said his boat was about one cable west of the pler when the collision occurred. by it.

WOULD NOT AGREE

+

Mr. Sheldon submitted that the pre- liminary act still held, because the He could not agree with any eye-case of plaintiffs remained that ap witness. Mr. Whyatt would call who proximately 30 seconds before the would state that his boat was a few collision the launch did not alter * feet outside the camber and was pro course or speed and the wheel was ceeding straight out to Motor Torpedo then put hard to starboard. The Boat No 8 after the accident.

time was approximate.

He could not remember how long The Chief Justice held that defen- after the collision he went alongside, dant had a case to answer. The case but would say about 15 seconds. When is proceeding.

DAILY

AT

230-

520

720

29-20-4

HANKOW

STARE

TO-DAY ONLY

JACK

KOWLOON

BUCHANAN

in

"COME OUT

OF THE

PANTRY"

with Fay Wray

"RIDE A CROOKED MILE"

TO- MORROW

Akim Tamiroff

Leif Erikson: