1923-01-11 — Page 2

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HONGKONG DAILY PRESS, THUESDAY, JANUARY 11, 1923

THE MOTÖR-UAR TRAGEDY VERDICT OF MANSLAUGHTER" AGAINST BOTH 'CHAUFFEURS.

motor accident on the Causeway Bay Road on New Year's Eve, when returning from a Carnival dance at the Repulse Bay Hotel.

41

A uber of riders were added to the Jury's verdict with regard to speed, etc.

Mr. J. R. Wood, presided.

All the evidence having been completed, the Jury (Messrs. H. Greenwood, H Dreyer, and L. Scott) were addressed by the solicitors.

SPOET

FOOTBALL

Mr. R.J. Wilton presided over a fulf meeting of the H.K.F.A. at Vietaris Barracks on Tuesday evening.

The Chief business was the arrange for the Interport match with monts Shanghai at Chinese New Year.

INTIMATIONS

THE KEY TO GHOW RICH,

THE CHINA INDUSTRIES: DEVELOPMENT BANKING CORPORATION. LIMITED, of 5 DUDDELL STREET, gives to all its Depositors a Handsome Rate of Interest.

It was decided to have three trial games the first of which will take place between two selected teama on the Club ground, at 4 pm. on Saturday, the 13th inst.

A stand will be erected on the North side of the ground, extending the whole AUTHORISED CAPITAL......$1,000,000.00 length of the touch line.

Begg,

THE SHIELD COMPETITION, The following is the draw for the Senior and Junior shields, the first round in each competition to be played on- Saturday, soth inst.

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by could find that the drivers of both care were indulging in a race, then, by law, they were both guilty of man- slaughter. To find this they would have to say that car i6 continued to necelerate JURY'S RIDERS TO THEIR VERDICT. with the idea of racing. The driver of A verdict of manslaughter against the car 48 stated that his car was unaffected chauffeurs of the two cars concerned in by the actions of car 118; he proceeded the accident was returned at yesterday's along a free road, passing on thy of sitting of the Enquiry into the death side of 118, along his ordinary course of Lieut.-Commander Hooper, R.N., and without crossing, the path of 118. He slowed down at the curve, and whén H.M.S. Hawkina, who was killed in a

he got to the straight be went on without having any knowledge of the accident. No-one had accused car 46 of racing, ant

The teams selected aro:" that cleared its chauffeur or blame in

Blues: Swan; Gerrard and Chan So; that respect. What the "chauffeur of 118 did any was that car 48 was travelling MoLaren, Stewart and Loung Yuk Tong at high speed, and when he passed us, Chui Kwong Yeung, Forsyth, altered his course to cut him off. Ha Dr. Valentine and England. came so close that the lights of the' rent Whites: Hill Smith and Grant: Mar- nur flushed on to his wind serce, and rison, Hudson and Fost; Burnett, ip dazzled his eyes. If they accepted that Kau; Osborne, Valentine and Chan statement, then car 16 came dangerously Kwong Yin. elose to car 118, and if that were true Mr. T M, Hazlerigg, who appeared the Jary might well accept it as starting for the Crown said that his duty was only the chain which culminated in the death, to ensure that all the available evidence He thought no blame could be thrown on was placed before the Coroner and the the passengers of car 48. Then they Jary. He submitted that he had done came to the responsibility of car 116. that, and therefore his duty ceased. The chauffeur denied giving 48 the

Senior: Durban e. Titania; Tumor 2. need not address the Jury and would gigual to pass. But be invited them so Hawking Club Kowloon

Byes: leave any direction to the Coroner. to do by turning in to the left, He Ambrose, Police, RG.A., King's and

Mr. Dennys, who appeared for the knew so was behind him; he know the South China. Admiralty, said the Jury's first, task was road; he knew he was travelling at al Junior' Ambrose, e. Titania;. Harkins to find out the primary cause of the high speed, and that the car behind him. United. Byes: South China, Kowloon, accident. It was perfectly plain that was coming still faster. He knew that King's, St. Joseph's, R.G.A., and Mara- doorused's chr, No. 115, was overtaken in the ordinary course of events the ion. by car No. 46. According to the evi- carve should have been taken at a lower dence the pace was excessive, and, that speed. When 40 drew alongside, the being the case, the duty of the enquiry chauffeur of 118, thinking from the noise was to fix any culpability which might that the passengers were making that reat on either or both drivers. He sug they required him to race, accelerated. gested that the overtaking car saw no They had to say whether the chauffeur sigants quade by car 113 insiting them to was acting recklessly in so doing. He pass, and that no such signal was given. did not think they could avoid anding: The driver of car 48 was the only man car 118 to blame. What they should ask The Ambrose raised the question on | COMMCTERAL LETTERS OF CREDIT. who said the signal was given. But this themselves, among other things, was mau's car was a right-hand drive, and whether the drivers actions were the matches, but the meeting decided that deceased's cas was a left-hand drive, so actions which would be taken under the Secretary was justiffed in cancellingį. that the chauffeur of the latter would similar circumstances by ordinarily pru. the Ambrose'. King's match on Monday have to stretch considerably to make his dent men. If they thought an average last. hand show at all, and it would be next prudent driver would have taken the The Hongkong Club are to be called to impossible, therefore, for the driver of bead at that speed at night in order to up for playing Angus in a league match car to to the signal were it given. avoid being overtaken by another car it last Saturday without the written ap The action of ear 46 in passing car 118 was up to them to bring in a verdict proval of the Police Committee. was, in his opinion, the primary cause accordingly. If they brought in a man- of the accident. "There were two or slaughter verdict against 118, another three things arising out of the accident very serious point arose. The chauffeur to which he wished to draw attention alleged that he was told by the naval The first was that the spur stours on the officers in the car not to be overtaken. side of the road appeared to he of not They had had the perfectly frank evi the slightest se excepting to facilitate dence of Pay-Lieutenans Wallace that an accident. With the rale of the road be imitated the action of a jockey as it was in the Colony, cars with a left they took the evidence of the chauffeur hand drive should not be allowed or the that all the passengers urged him to roads. In crowded streets, amongst a accelerate at that point, then a verdict lot of trafic, it was very difficult for a against him would not be complete with driver with a left-hand drive to signal out a supplementary verdict against the A car behind him to pass. Finally they passengers of the

Cat Any person had had expert evidence that 20 miles urging the, driver to drive recklessly was an hour' was fast enough for cars to take equally responsible a curve of this sort, but it was plain that these two cars were going considerably faster. Spaul should be regulated, of, if there was a regulation in existence, it should be very strictly enforced. Also, there should be à stricter examination of chauffeurs.

Mr. F. E. Nash, representing the Connaught Motor Co., and also the driver. asked the Jury to accept the version of the affair as given by the officers. They were in high spirits at the time of the accident, but they said that the car was in good running order, and they had no fault to find with the chauffeurs. That exonerated the company. On the night of the accident the driver underwent terrible ordeal, and, on top of that, was detained by the police for a couple of days. As a result his story was most probably & little mixed, though told in all good faith. Ee, naked the Jury to believe that the real causes of the accident simply were the speed of the cars, the presence of the overtaking car. the swerving in to the left of car 118. and the presence of the treacherous spur atonos,

|

The Jury retired for over half an hour to consider their verdict, which they brought in as follows:-

65, Broadway, New York.

Sub-Committee was appointed to INTERNATIONAL BANKING draw up the Shield Competition Rules. match on December 23rd last against the Citics the World to provide, commercial For failing to turn out in a league Eighty offices are established in the principar Tamar, the Police were fined 83.and the organisations and private individuals with a. points for the game awarded to the complete International Banking Service.

l'amar.

the irregularity in cancelling league DEPOSIT AND CURRENT ACCOUNTS.

CRICKET.

H.E.C.C. 28 XI. v. TAIKOO,

FOREIGN EXCHANGE, TRAVELERS CHEQUES. LETTERS OF CREDIT. CABLE AND POSTAL REMITTANCES PURCHASE OF BILLS OF EXCHANGE

Every Approved Banking Transaction."

R. P. BOYCE,

Manager.

1st January, 1923.

The following will represent the Hong-THE INDUSTRIAL AND COMMERCIAL, kong Cricket Club 2nd XI. rers Taikoo on the Clab ground on Saturday the 13th: inst., at 2 p.m.-

D. Reid, W. Fraser, C. Blaker, H. H. Day E. W. Alderson, H. Remington, J. W. McPhail, B. E. Hollands, J. R. Way, E. Grimble, F. Miller.

THE TRADE-MARK CASE. AGREEMENT REACHED OUT OF

COURT?

* Our verdict is manslaughter. against the drivers of cars 40 and 118 in an equal degree, dus"to negligent The case in which Mr. Carl Ingeooh!, driving on their part. We attach ao trading as the Orient Tobacco Manufac responsibility to the passengers of car tory, Mongkok, sued a Chinese, named.

40.

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THE OHINA SPECIE BANK, LTD.

HEAD TSICE

:: Er. Groen's Buzzing, HomeronG,

Chairman of Board of Directora MA RONG CHIU HAM

Chiel Manager.... .... Mử. Lì 8. BólUR Aurf. Manager...), m.Mr. E. T. Wora Hongkong Meniger „Mr. L. P. AzLEN.

Foreign exchange and General Banking- business tracssated,

Sam Hing Teng, of Queen's Road Central, With regard to the passengers of for wrongful use of the trade mark La 118 we consider that their behaviour Perla del Oriente," on certain boxes of immediately prior to the accident, cigars, has been settled out of Court. Mr.. being misinterpreted by the driver Turner, appearing at the Magistray for contributed in no small degree to his the prosecution," asked yesterday for the actions, which resulted in the fatal colli-summons to be withdrawn. sion with the tramway standard."

Mr. Turner said the trade mark used The Jury added the following riders :

by the defendant on certain boxes of The first is to the effect that as cigera was similar to that used by Harry the spur stones in question apparently serve no useful purpose they should Olsen & Co.. Manila. Recently the com be removed forthwith.

plaint, Mr. Ingenobl, had obtained judg The second is to the effect that a ment in the Supreme Court, preventing "rule should be made whereby the the firm of Olsen & Co. from using the owner of a car, when travelling in a trade mark in question. It was just pos car, and in the case of hired cars the sible that the defendant in this case had

Current, Bavings and Fixed Depozita bonn person in whose name the car is bought the rigars from the Manila Com- hired, should be made equally respon- pany previous to the Supreme Court interests så vater of 5 per cent., 4 per cent, and sible with the driver of the car for judgment. He had been requested to get 8 per cent, per annum, respectively. speed, and we suggest notices to this rid of these cigars, and the case had been effect should be clearly exhibited in settled out of Court on payment, by the all fivery cara.

défendant, of a very small sum of money. "Further, that greater attention The prosecution, Mr. Turner added, bad should be paid to the examination been brought with the idea of impressing of applicants for driving licenses and upon those concerned that the trade mark ensure that they are fully conversant could solely be used by Mr. Ingenohl. with all the rules of the road before The Magistrate ordered the summons they are passed ₤18 competent to be withdraws: drivers."

what actually, occurred. at the end of the

[Pay-Lieut. Wallace writes saying that SHIPPING GOODS WITHOUT last sitting of the Court was that he turned to the witness-box to repeat (not amend) evidence he had already given,

A PERMIT,

ALLEGATIONS. AGAINST A CHINESE STEAMSHIP CO.

.

L. 8. HOLUME.

Hongkong, Detobar wil 1940

"

PREPAID WANTED

ADVERTISEMENTS

•

7 Letters are lying at thir Office for

Bozen QV, RF, BU, RW, TH, TU,

VO, VP.

WANTED. For the middle of February Lady (British), to act as Secretary to the HELENA MAY INSTITUTE. Apply by letter: only to the CourCIL, HELENA MAY Institute.

The Coroner (3r. J R. Wood), then commented, to sun up the facts. First of all, however, he expressed the sym- pathy of everyone concerned with the relatives and friends of the deceased. He went on to say that the Jary,could bring in one of two verdicts, either accidental death," or manslaughter." He would like to first point out that if they brought in the latter verdict, he should not make the usual Coroner's warrant, but send all the depositions, with the verdict, to the Attorney-General for his consideration. In doing this be cust no disparagement on the Jury. Mr. Wood said the facts did not seem to be very much in dispute. With regard to speed, the chauffeurs assessed it much

but which had been omitted from the lower than the occupants of the written summary (by the Coroner) he The occupants of car 118 put it at 25 had to sign Fay-Lieut. Wallace asks miles an hour, and one at a high for our report to be corrected. We pub- ship Company, No. 2, Pottinger Street, "A representative of the Chit Wo Steam- thirty. They also said that car: 48 ever lish his statement, but must add that the was summoned befors Mr. Lindell, at hour, and he felt inclined to think they reportér insists on the accuracy of his the Magistracy, yesterday, for having bilib. A Reward will be paid to the Finder. would accept the higher figure They report. It certainly seems strange that allowed 12 cases of printing ink to be the Coroner, as well as the reporter, had two cars, one following the other, should have omitted to record so import placed on board the s.a Leung Kwong It was clear that just before reaching by Pay Lieut. Wallace when at the close

Exporta Department. Causeway Bay the chauffeur of our 11 of the inquiry he was required to sign waa perfectly well aware that car 46 was the Coroner's record: ED.] immediately behind him and that he heard the born. It had bean asked whether car 40 had received the signal to pass; thei occupants of car 118 galà no signal was given. The driver of oar 48 claimed that be had passed on a signal Mr. Dennys had suggested that if the car did pass without a signal, that was the first in cident of the chain of incidents leading mp to the accident. But it seemed to him'

took them at from 30 to 35 miles, an

OST from 141. The Peak, on Sunday, 7th, and White, with Black Ear and Spot on Back-

inet, FOX TERRIER PUPPY, Black.

travelling at comparatively high speeds and a piece of evidence as that tendered Without the permission of the Imports and Architect's Office. Apply stating Ago,

THE ASSAULT AT THE

CHINESE SECRETARIAT,

CASE MENTIONED IN COURT?-

11

RAUGHTSMAN (Chinese) Required in

found to be missing from the godown of VQ, co Daily Free Office.

The twelve cases of printing ink were, Experience, Balary required, de, to Box No.. Mestre Ault and Wiborg (China) Com pany sometime ago,

FIT-U PINCE-NEZ

The defendant aid in reply to the charge that the cases were brought on is the latest of the finger operated eys board as luggage.

gloss, mounting and has been designed to Mr. C. J. Roe, of the Imports and, Ex-avoid all the objectionable features of ports Department, asked for a remand

as certain documente needed in the case this type of mounting. The long coll The long-coated man, who attacked a were in the custody of Inspector Wallia springs of the Fit U prevent spring. (the Coroner) that as long as both woman in the office of Mr. Schofield; who was at present in Shangbai, chauffeurs were expecting what the other First Assistant to the Secretary for The caso was adjourned to the 17th breakage, and can be instantly adjusted was going to do, is did not matter whe-Chinese Affairs, on Tuesday morning, inst ther a formal signal was given or hot, appeared in Court yesterday morning Evidence showed that the chauffeur of before Mr. Lindseli.

In another caso a man hamed" Li

to give more or less pressure on the nose, The nose clips are of special shape to prevent slipping Fit U Pince-nez of any

car 118 drow in to the left to let the other, Inspector Appleton said that the woman Cheong of Koshing Street, was fined 850 car peas, which was clear proof that he was not in any danger but she would not by Mr. Lindell for shipping cargo by metal are obtainable from The was expecting car 46 The latter car, be able to leave hospital until the 18th the . Phranang without a permit. It kong Optical Co., successors to Clark therefore, was not to blame. When car inst

118 drew in to the side of the road, car The Magistrate put the case back to was stated by Mr. Rae, of the Importe & Co., Manufacturing and Refracting

and Exports Department, that the per act mit wae taken out the day after the cargo Opticians the most competens optical

46 accelerated to 35 miles an hour and that date. proceeded to pasa car 118, eight or ten The attack is said to have been an

feet to the right, just before reaching the of evenge. The woman is alleged to was shipped. Mr. Roo added that the de manufacturing establishment in curve. But when the cars drew level have been responsible for the death of fendant bad done this persistently and Colony-located in 62, Queen the driver of car 118 accelerated, on his the man's kit fas "wife, who died in a that he had been warned on. own stateme to avoid being passed village in Houngnhan

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