1916-10-21 — Page 3

"OUR DAY.""

$500 FOR A ROSE,

THE AUNGKONG DAILY PRESS, SATURDAY, OCTOBER 21H 1916.

PEAK TRAMWAY CO. SUED, to my friend saying that we have

MANY PASSENGERS.

broken hem all..

FOUND GUILTY OF CARRYING TOO Mr. Buyers. And how is at that the trani has been running for twenty years without an accident to any human being at engine?

It has not yet been possible to arrive. even at air estimate of the financial re sults of Our Day" and in view of the kong Magistracy yesterday of the case in The hearing was resumed at the Hong fact that the fair will be continued which four charges are preferred against to-day, the total proceeds of the fair and the Peak Tramway Co., Ltd, for carry sale of roses will not be published antiling an excess of passengers on the 5th next week.

instant, the Chinese festival of Tsung It is known, however, that some high Yeung, or ascending on high," on

SPORT.

FOOTBALL.

OPENING FIXTURES.

The first matches of the season will be

for carrying an excess of passengers, and 2nd Division, Hongkong League com Mr. Messer. There are four sumisonshery the following teams will meet in the played at Happy Valley this afternoon,

I think Mr, Mattingley is trying to make. out that the regulations on which they Navy 83 Co. KG.A.. Navy ground

petition :-

are based are obsolete, and that the tram hick off at 1 pm,

all That is his cate.

INTIMATIONS

LANE

CRAWFORD & Co.

prices, were paid for roses; one was sold which day the Chinese make a point of sang without any regulations at . E. A Co. K.S.L.LM NEW

for the substantial sum of $500; and even the football kicking side-show realised Over $1,000.

The golf competition, for the three lungest consecutive drives, will be decided to-day. On Thursday" Colonel Bogey

journeying to the summit of the Peak.

Mr. Mel, Messer, Captain Superin

Mr. Mattingley.That is saj AK I shall show. The solicitor for the defence.

ground Kick off at 3pm.

tendent of Police, prosecuted, and then went on to eny that a great deal of 87 Coy., R.G.A., 39 Day,

Mattingley defended.

The Captain Superintendent of Polise continued his cross-examination of Mr

unreasonable animosity had been evinced by the prosecution against the Tramway Co., and a great deal of capital had been

took on fifteen or sixteen golfers at $5 a/C: B. Buyers, Superintendent of the made by Mr. Lesser, in his cross-exami-

time and only jest on one occasion.

Some fine marksmanship was seen in the jungle, but the Peak tiger survived all the bullete, and will be ready to face the music again to-day despite the fact that he was once posted" by H.E. the Governor. This is a anost: remarkable animal. He realises that all the marks much are keen upon securing his akin, but he is extremely elusive when roaming

Tramway. Witness said he noticed Sergt. Cashanan at the top Peak tram station on the 5th; he had been there for some time. At the lower tram station there were on duty an European Inspector, two Chinese brakesmen and two Ladian watchmen.

Witness and two Chinese were on duty at the top tram station.

Mr. Messer. You made complaints

1. K. P. R. Islamics, Navy ground

Kick off at 4.30 p.m.-

R.G.A., Military ground Kick off at 4.30 p.m. The programme for the season is a heavy one, the total number of matches being

Hongkong League, Division I .30. Hongkong League, Division II........01 United Services League

1.20.

In addition, there are the matches in

nation of Mr. Buyers, of the fact that Mr. Buyers knew that he was breaking the regulations. Mr. Messer had been urging all the time that the Tramway the Shield Competition, so that players Company were pretending that they know will be kept busy and spectators will better than the Government. He sub-be able to witness matches every Satur- mitted that that was a great distortion day and Wednesday from 10-day until of the facts. His worship would realise ()wing to the large number of teams

at least the beginning of April next..

aamong the giant trees and rocks of the about the absence of police. Have you from the evidence before him that the now competing, the want of addition) |

jungle, and glares in a most contemptuous manner at the many rifles levelled. nt. him. It is sincerely to be hoped that he will be severely "straffed" to-day.

ever asked for police to assist you?

Witness-Yos, about two years ago, asked a Police Sergeant to let me have posse of police. I believe the Sergeant wrote to you and you refused assistance. You said that if I wanted any police

This afternoon at 430 m, special feature will be made of the Dancing Floor, The enclosure will be enlarged; and the whole illuminated with a myriad.. of lights. Icos, ric, will be served at help I should have to pay for it. tables in the enclosure. Season tickets- for the dancing enclosure for the whole evening will be obtainable at $5 each; and for a single dance, 20 cents.

A jewelled the pin was found on the Murray Parade Ground on the afternoon of Our Day." The owner should apply to Mr. H. Sandford, Hongkong and Shanghai Dank, giving the description. BAFFLE FOR CIGARS CIGARETTES. TOBACCO, ETC,

WINNING NUMBERS.

Kindly drawn by Mrs. Farr and Miss May at "The Everything Stores" at 6 p.m. on the 10th inst

Prize Winning Prize

No!

Winning

No.

1st

575

638

Bud

910 27th.

640

3rd

503

Esth

813

4th

470 20th

883

5th

682 30th

112

6th

7B0 31st

304

7th

814 32nd

719

8th

∙151 3rd

stb

24

228 102

10th

780. 9th

275

11th

300 30th

874

12th

071/ 37th

13th

032 35th

34th

255 396h

16th

124 *40th

$9 585 -149. 235

16th

807 41st

626

37th

·244

42nd

18th

808 43rd

320 440

Jath

203 44th

201

20th

326 45th

12

21st

30 Jith

212

22nd

419 17th

212

23rd

264 486b

278

24th 25th

****, 784 49th

059

287

380

Both

One thousand tickets were sold, realis ing 500 for the Fund. Holders of win ning numbers will receive their prizes upon sending tickets to Mr. F. A. Perry, 18, Bank Buildings, Hongkong.

LADY MAY'S OUR DAY * ROSE FUND.

Miss Marley...... Commander and Mrs. Myburgh..

Mr. U. Rumjabu

Mr. Trai Siu Cho

Lieut. G. A. Burn, R.N.R.

Mr. Faul Kremer

Mrs. A. E. Crapnell

Rev. Pere Robert

Messrs. Kew Brothers'

Mr. Lo Shun Wan

Mrs. N. Lake Watson o

Messrs. J. R. Michael & Co......

Mr. A Findlay Smith

The King Edward. Hotel (per

Mrs. Choy Shing) S.S. Tai Shan, per Capt. Birse-

R. A. B.

.....$5.00

Mr. J. S. Johnson 2.00 Mr. I. Chalmers 2.00 Mr. J. F. D'Azevedo... 2.00 Mr. Fung Shiu Wa.... 9.00 là Tong Lai Chươn... 500 Ar Lee Hi Son

Ir. Leong Yu Kan

r. Wong

6:00 5.00 0.50

Mr. She Tat Tsoi

5,00

M. She Shiu Tat

6.00

M, Chan Chi

10.00

Mi Chan Foon Ng

1.00.

Mr Mock Mun

0.00

Mr. Loo Yee Yuck

8.00

Mr. Tong Hok Ting

1,00

Mie Tong

1.00

Mr. Leung Ho Kin

1,00

Nrg Ho

1.00

Master Tong

1,00

Mrs Tong

1.00

1,00

1:00

1.00

1.00

Mr. Tong

Mrs. Tong Rok Ting... 2.00

Mrs. Chan

Alisa Tong

Miss Siu So Tong

Ar.. $. Tso Tat

Mr. Wong Lai Foo

Mrs. Rose Tae lat

1,00 1.00 1.00

Mr. Yang Tin Fao ...

1.00

Mr. Su Ying Chow....

5,00

Chinese Staffs Taishan 4,00

10.00

.10.00

Mr, Messer. That is probably correct. They would have to pay for help, your point later on. Did it occur to you, Worship. I shall have to deal with that

Mr. Buyers, to ask Sergt. Cashman to assist you in turning out the people?

Witness. I did not do so because I knew that he would not do it.

Mr. Messer.--Well, his orders were, if called upon to assist, to do so. Police canno: interfere with railway engines or things of that kind unless requested, They cannot get hold of handles or atop engines.

practice of carrying more passengers

ascending on high" had been going than usual on the Chinese festival of

on for years; between eighteen and twenty years. On each day of the festival the trams had been chock full" of passengers, and the Government had never suggested that this should not be done, and had never objected to the crowding on that day

over-

of it.

referees is likely to become acute. We are requested to inform our renders that

forward their names at once to either an examination for referees will be held

Mr. F. W. Wright, Naval Yard, or to at an carly date and candidates should

Qr Mr, Bergt. T. W. Williams, R.E., Wellington, Barracks,

...

There is no evidence that they ever knew anything like so much as a European A Mr. Melbourne (the Magistrate)-tended that a Chineno did not weigh

full car of Chinese could Mr. Messer-There has been evidence weigh so much as a full car of Eura- not possibly that the Company were warned against peros, and an over full car of Chinese, overcrowding. They were recently as August.

a full car of Europeans. The ropes of warned as he thought, would only weigh as much a

that the Company may have been warned tests, the ropes were examined every Mr. Mattingley proceeded to remark the car were all subject to periodical against overcrowding, but they had not day, and the brakes were also thoroughly been warned against overcrowding on tested from time to time and they lad Witness.--If I had known that I should October 6th. The Company were simply always proved effective. The brake rail certainly have asked him to assist.

warned to be careful, when carrying a

was thoroughly strong, it was affixed to Mr. Messer. You cannot interfere with full car load, that market cookies did not steel keepers and was set in concrete, the man at the wheel.

"cram" the hack portion of the car, the stress of the ear on the rape was only The fact that there were so many people five tons, the breaking strain of the rope allowed on the rar on the 5th inst, ap-

was 45 tons, and they had a safety factor peared to the Tramway Company as a of nine tons, whereas the Band Com

Further answering Mr. Messer, witness admitted that he was warned by himself (Mr. Messer), but owing to the terrific amount of traffic there was overcrowding, privilege allowed to them on the "ascend-mission Report on wire ropes for haulage

suc

He did his level best to deal with the ing on "high" festival. They did not stated that the safety factor should be crowd and, after a time, he was

take the warning mentioned as referring six tons. Mr. Messer's evidence showed vessful to a certain extent, as Sergt. Cashman would say.

to the festival day, when overcrowding that the trams and railway had been in was looked upon as a sort of privilege, a perilous condition for many years. Mr. Messer then remarked that a notice Mr. Mattingley then asked why the Com- If that had been the case, why had the was posted in each car stating that the pany were not warned against overcrowd- Government not taken action before if Tramway Co. would not be responsible ing on the festival day. It was usual to they were so keen looking after the public for any accidents to human beings or

warn prople before they were prosecuted, safety? The solicitor for the defence animals. If that were not so, the people but the Government had stepped in and then said he would like to justify the using the car might have a greater sense Prosecuted the Tramway Company with action of the Company in defending of security; hence his mentioning the out warning. The Tramway Company that caso. He knew the feeling seemed point. It was of paramount importance did not dream that a cherished tradition to be that the Company were guilty and that they should care for the safety of would be interfered with in that way. that they should not have defended the the public, and he did not think Mr.In China an old custom generally, assum- case. It was suddenly dropped upon the Bayers should have been called as an ed the characteristic of a law. Thus it Company, and upon an occasion when export upon wire ropes. Mr. Messer did not occur to the Tramway Company they were led to believe that they could was proceeding to quote figures on stress that they were breaking the law at all, crowd their cars, always consistent with and friction when

and they were fully confident that the safety. His defence proper was that the tram was safe. It could not bo sup-regulations under which the charges had posed that the Company cared for this been brought did not apply at all; that great rush of Chinese, which must have they were quite out of date. The regula been very difficult to cope with, and the tions framed referred to cars carrying evidence tended to show that police 40 passengers; the old cars of the Com assistance could not be obtained.

Mr. Mattingley remarked that consid- 10.00 crable interest had been aroused in the 20.00 case and, probably, there was much alarm 25.00 among the public. Did Mr. Messer want 25.00 to make the flesh of the public creep 1 80.00 His (Mr. Mattingley's) object was 50.00 reassure the public.

26.00

50.00 60:00

Mr. Messer. My friend is in a "funk 50 00 hole," and keeps getting up when bombs 100.00 are coming.

100.00

Mr. Molbourne,The evidence showed that police assistance could have been obtained if it had been paid for.

Mr. Mattingley continued that, all

Mr. Messer then asked Mr. Buyers along, his friend Mr. Messer had tried if he thought he had sufficient experience to show the Tramway Company as being to advise the Tramway Company against grabbing, and having no interest but the orders of the Governor-in-Council. that of collecting fares. With regard to Mr. Buyers replied that he considered that he would like to say that it was a himself an expert on wire ropes for most unfair and a most irrelevant re haulage. He had had twenty years' ex- perience, he always examined the ropes closely, and was able to say when a rope should be taken off or left on.

Mr. Mosser.And that is all you can say about them.

pany. The present cars were allowed to carry 42 passengers, and he contended, therefore, that the regulations could not be applied in that case, they fell short. apply to the presca cars. Obviously, The regulations were never intended to they could not have regulations framed a car which would hold 42 without any for a car of 40 passengers applying to overcrowding at all. He had been in stracted to state that the Company have of the seating accommodation, and much no desire to carry passengers in excess preferred not to do so. The convenience traffic often made it difficult for them to of the public and the exigencies of the. avoid doing so. In no case was the prac tice permitted to such an extent so as to involve the extremely large margin of safety being encroached upon to an extent which would be in the slightest degres dangerous. Rigidly to insist in every instance on the passengers not exceeding cause great inconvenience to the residents the seating accommodation would often depending on the tram. Provision existed in the Ordinance for the inspection of Company would be glad to give them the tram by the Government, and the every facility for doing so, and would be happy to discuss any fresh regulations which the Government might think nepea say.

mark to make in a case of that sort, and there was nothing whatever to justify it. The Company had always endeavoured to deal with rushes of that sort, and to avoid overcrowding. Mr. Messer had also referred to an incident which was Mr. Buyers. And there is another somewhat unfortunate, ie, the fact that thing which you seem to have forgotten lady was turned off the car a few days It is dangerous to have too large a ago That was due to the setion of the factor of safety.

Government.

The Tramway Company received a severe fright, because they never anticipated anything of this sort happening, that they would be suddenly Mr. Buyers replied that this was informed that they must stick to an exact Mr. Melbourne, at this stage, paid he caused by the car going down in s rather taber of passengers, and no more. Ipany were charged with carrying an

considered the case proved. The Com fast manner, it nearly broke the wires was very difficult to deal with casos of excess of passengers, and they had admit This was caused by the Chinees beat that, nature. Only the previous might ted that such was the case: Mr. Mat man not working the brake properly.

ab incident occurred on the tram, of a under which the charge was brought did tingley contended that the regulations Mr. Messer then remarked that he did person threatening to prosecute the not apply, but he held that they did not think the case need go on

would "8150

The Tramway Company for refusing to start charged pose a fine uf à on each Company had admitted that they had the car until he had got off and made M. Mattingley Then you say that 658.50 broken all the regulations.

the number correct; there was some time I should like an answer to thist the regulations apply at the present 6,113.50

cramming in the car.

attingley, question in case I wish to take further

Previously acknowledged

80,773.00

Mr. Messer-Was not there almost a serions accident one day when an old man left the cart

Mr. Mattingley-I may say at once that the regulations are not worth the paper they are written on, and I object

referring to the question of

(Continued at foot of next

gbt, con- Column.)

steps in the matter, og

Mr. Melbourne I wm of opinion that, they are in force at the present time

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