1925-11-20 — Page 4

THE

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HONGKONG DAILY. PRESS, FRIDAY, NOVEMBER 20TH

BUS ACCIDENT - ENQUIRY. DEATH BY VERDICT OF

MISADVENTURE."

Suppose you were driving a bus on the read, within three feet of the edge, and something hit your front wheel, could you keep yourself from going oft the JURY CENSURE MR. BARRATT. ́ ́ road ?—If my steering gear was in order, yes; but I don't think I could with a Ford. With a Ford the steering wheel would come clean out of a man's band.

The enquiry into the circumstances surrounding the death of 13 year old Bessie MacKay, who died as a result of injuries sustained in a bus accident at Kowloon, was concluded before. Mr. E W. Hamilton at the Kowloon Magistracy yesterday afternoon.

The Jury comprised: Messrs. D. A. Goodwin (foreman), E. H. Short and Ho Leung.

When the enquiry, was resumed & clerk produced the log book referred to by Mr. P. J., Condon, Assistant Superintendent of the Fire Brigade, Hongkong, at the previous hearing...

Dr. Patterson, reeniled, said that Dr. Craig telephoned the Victoria Hospital for a bed.

Sergeant R. W. Smith who gave evidence as to making an examination of the road, said that there was no test for anyone who wanted a motor cycle licence, but as regards & car licence there was.

Inspector Kent, questioned by the Coroner, said that anyone over 18 years could get a licence without undergoing a test. As regards licenses for cars, erries, etc., a very strict test was set. His opinion was that there should be

some sort of test.

THE CORONER'S SUMMING UP The Coroner, in summing up, said that it was the duty of the Jury to return

Mr. Hamilton: What were you expect. a verdict in the matter of the death of ing A simple case of fracture of the Bessie MacKay, which would be, of riba.

Do you know if Mrs. MacKay had left the Hospital before you made an exami- nation of the child? Yes, she had

When you had completed your exami nation did you telephons directly

Yes.

Mrs. Mackay was naturally very much upset ?--Yes; she was hysterical and was

course, in accordance with the medical

You gave that message to the Sister?-evidence as to the actual cause of death. It was for them to say whether the oc- Yes.

currence warranted them in returning a verdict of manslaughter against any of the parties. It was possible for them to arrive at such a verdict if they were of the opinion that the accident was caused by the gross negligence of any person. That was to say it must be more than trifling careless. It must be that sach person had shown, absolute diste- gard of all ordinary standards of safety. It was possible for them, if they did not consider the charge amounted to man slaughter, to give a verdict of death by misadventure, or accidental death and at the same time censure, or severely. censure any of the parties concerned. Or, if they did not think that anyone was to blame they could bring in a ver- dict of accidental death,

vory, upset

Mrs Mackay was then questioned by the Coroner.

Mr. Hamilton: There seems to have been some misunderstanding with rogatd to what happened at the Hospital, so will you please answer my questions.

You left the Hospital in the motor ambulance -Yes." But I went there with the express purpose of staying.

Do you know whether before you left the Hospital Dr. Patterson had seen the girl-He had not made his examination, You then asked if you could remain Yes. I asked the Sister, and she said "Don't talk to me about spare beds. We have not got one in the Hospital.”

You did not know at that time that the Hospital authorities had been in formed that the case was an ordinary case of fractured ribs 1-No.

She immediately did so.

Mr.

.

were to blame.

1945

KAIPING COAL

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ALLEGED CONSPIRACY. CHINESE R.O, AND WINE DEALERS

IN COURT

CHARGED WITH ATTEMPT TO

: DEFRAUD REVENUE. At the Central Magistracy yesterday, before Mr. R. E. Lindsell, à Chinese wine dealers were charged with conspiring

Revenue Officer and five local Chinese.

to defraud the Revenue of liquor duties. The wine dealers were further chargeil with making a false declaration in an attempt to defraud the revenue, and the also charged with Reveaue Officer was false declaration. aiding and abetting them in making the

Mr. J. D. Lloyd (Superintendent of M. W. Le appeared for the defence of Imports and Exports) prosecuted and Mr. the Revenue OBeer; while Mr. F. C. Hall represented the other defendants

|

LOCAL SPORT.

FOOTBALL.

· KOWLOON F.C... H.M.S. "TAMAR.

To be played at Kowloon on Saturday. Kick-off, 18 p.m.

Kowloon:-Vickers; Wheeler and Reed; Turner, Sims and McKelvie; Taylor, Carville, Mason, Duncan and Hayes.

Reserve McBride.

KOWLOON RES: 7. SURREY'S RES.

To be played at Kowloon Baturday. Kick-off, 2.15 p.m.-

Kowlopa Res. Rasmussna; Guest sad- Urquhart; Street, Brown and Pasco; Marris. Latham, Liuaker, Fitzgerald and

KOWLOON “B”. RECREIO. To be played at Sockunpoo "B" on Eastman. Reserve: Vickers

Kowloon "B"Matchima; Spary and Saturday. Kick-off, 2:45 pm - Bliss, White, Morrison and Hast Duncan, Hedley Miles, Nicolls and

".

HOOKEY.

SUBMARINES . H.K.H.C.

The teams werd

Mr. Lloyd in outlining his case said that since the end of 1999 there had been W. M. Mason. Reserves: Jordan, Ross When they did return their verdict various attempts made to defrant end l. Niehalte.

H.K.F.C. POLICE. Havenue, both in the office and outside.

To be played on the South China was within their power to put in riders,

ally able to bring one of the employees ground on Saturday: touching on outside points which they This, was the first time he had been actu-

H.K.F.C.-Rodger; "Summera and thought would be of public interest. For of the office before the court. On Novem

was the point raised ber 2nd, Mr. Fraser, his assistant, went Bishop: Maid, Stewart and Watson; instance, there about the examination of motorcyclists across to where what had been landed Brodie, Forsyth, Howard, Johnstone and

on the Praya was being weighed and Kay. Reserve: Stewart before licenses were issued. They could checked by the Chinese Revenue Officer also set down on paper whether they charged. While watching the process, made a mistake of elbs, in weighing one thought there was any slackness or in- Mr Fraser noticed that the defendant had competency at the Victoria Hospital, or

jar, which should have been given as They could weighing 2lbs more than was actually

Oh the D.B.R.C ground, Kowloon, called out. This occurred a second time, You were told that there was no room in the two Fire Station. in the Hospital for you?-Yes. The censure these parties if they thought they and Mr. Fraser pointed it out and had on Wednesday evening, the Hongkong the figure corrected. He remained watch Hockey Club 1st XI. and the Submarines Police Sergeant told me I must go at

If they thought that the road in ques- ing the operation for sometime and fol- drew with one goal all.

Most of the attacking was done by the once with him as the ambulance could

lowing his intervention the Chinese tion needed widening it was open to them Revenue Cicér gave the correct weight Club, but the Submarines defended welt." not wait af S

each time. Revenue Officer Powell, who They led by one goal, registered by An- The Club Witness said that when she returned to bring in a rider to that effect. home a friend who was waiting told here thought they would recollect that was sitting inside the office at an open drews in the first half.

as called out by the Chinese officer, half, Woodward scoring a fine goal. that a message had been received to the the evidence as to what happened in window, entering the weight of the jars succeeded in equalising early in the arcond effect that she must return immediately. the accident was unanimous. Everyone noticed that while Mr. Fraser was there Both sides struggled hard for the mas

seemed to agree. Mr. Barratt's evidence

up by about 3lbs. on the average of each The Coroner said that it seemed that was given very frankly, and one point the weight of the jars had suddenly gone tery, but no further goals were scored.

was that there were no swerve marks on

He then reported the matter to him (3.

Club.-P. W. F. Mills; D. H. Sher- a telephone message was sent saying the the road. Another point was that Sergt. Lloyd) and he told Revenue Oficer man, A. 1. T. Farquharson, A. S. Hett, case was serious, and then someone else Hallam, who had driven for many years Powell to re-weigh samples of the con- Lieut. F. G. Billitoe, M., Bov. E. W. the ribs, which was not considered and was an expert, had told them be signment, one in twenty-five, this being a Martin; H. Owen Hughes, A. S telephoned saying that it was a case of

would not hesitate to overtake a vehicle the usual practice adopted in weighing Exell, W. Woodward, B. D. Evans, T. J. dangerous.

Hamilton (to Mrs. MacKay): provided he had a clearance of about 80 jars of Chinese wine. The whole of the Price

Submarines Honing; Lieut. Emley, When you returned to the Hospital was to 100 yards. That might assist them consignment was then re-sampled and it everything done to make you comfort as to whether Mr. Barratt's action in was, found that on the average the jars Stimpson Lieut. King; Lieut. Simpson, ables. I was provided with a compassing the bus in the circumstances was were 2 or 3lbs heavier than those weigh Lieut. Broome Armstrong, Lieut. Blade, grossly negligent or not. He thought ed by the Chinese Revenue Officer. The Lieut. Majendie, Lieut. Andrews, Lieut.

Revenue Officer, Garwood. fortable, arm-chair. pital, said that of the time the Hos- the amount of his responsibilities. With Powell agreed with those obtained by

Sister A. Warner, of the Victoria Hos there remained little difficulty in finding gires obtained by

HARBOUR MISHAP pital was full. In regard to the Bessie egard to the question of the Hospital Me Fraser in the morning. The figure Mackay case she at the time was expect he thought they should bear in mind that given in the first place by the Chinese

LAUNCH AND JUNK COLLIDE. ing & woman with broken ribs. She did in case of this nature everyone was Revenue Officer worked out for the con not expect a dangerous case. She ask- very highly wrought at the time. That tents of a 281 catty jar; while those sup- it seemed to him, would explain the conplied on the re-weigh approximated to

collision Early yesterday morning a a 30 catty jar. The extra duty due to ed Mrs. MacKay whether she was going to stop, and she told Mrs. MacKay, inversations which took place.

If they were not satisfied with what the Revenue, calculated on the whole of occurred in the Harbour between the answer to a question, that the case was

was done at the Hospital they should the wine landed for that particular day Harbour Department, launch, No. 2, and one of broken ribs. There was no ques

would have been 8223, but the extra duty an unknown junk. tion of a Bed for Men. MacKay. If a say so.

payable in the case before the Court The launch was proceeding from You- person came to stay with & dying

would have been about $11. Therefore, mati to West Point, and collided with a patient naturally it was not expected the

the duty that would have escaped the large sailing junk going in the same Revenue in consignments like this would direction. Three stanchions and the awn- would want to sleep.

be considerable. Other jars from othering spreaders on the launch were broken.. consignments arriving by reamers from The junk sailed away, and its occupants We Macho were also weighed on November did not wait to investigate the extent of

2nd and the following day, Mr. Lloyd the damage. added, with a view to making a test of the weights. The weight, given by the Chinese Revenue Officer had approxim Mr. Taylor went on to give evidence ated to a 201 catty jar which would con- regarding the difference in Chinese wine Mr. P. J. Condon deposed that on the To this the following riders were add-tain about 33 gallons of wine; wheress jars and the amount of wine they would

imported wine was usually in 30 catty usually contain.TERSAN

In answer to Mr. Hall, witness said night in question the ambulance waxed

1-We are of the opinion that the jars, which would contain nearer four

gallons

that importers would fill up the No. 1 away at Mount Austin barracks on a case there. There was a chit book signed by Civilian ambulance should be relieved of

Mr. H.. A Taylor (Assistant Superin form and guess the amount of their con Sergeant Coomber, East Surrey Regi-the work of transporting Service cases by

the provision by the Naval and Military tendent of Imperts and Exports), said signment from the amount given on the ment, to this effect.

Sergeant Hallam said that on the night authorities of their own ambulances he had been in charge of the general invoice they received. So far as he knew, We suggest that motor cyclists and supervision of the sampling of imported importers and not been asked by Revenue of the 23rd he was informed of the ac cident, and proceeded along Laichikok cycle and side-car drivers should be wines and the weighing of them for the Officers to calculate that each large jar. past 12 years. In 1922 a new system with contained 3 gallons. The large jars (30: Road to the scene. He found the examined before a licence is issued.

3-We suggest that a spare crew should regard to this checking process was in catty jars) contained near 4 gallons. motor bus overturned and in flames. He was informed that a young lady had been be in readiness, both in Kowloon and stituted. Describing the present system, Mr. Fraser, (Assistant Superintendent injured and had been taken away. He Hongkong, for the ambulances. witness said all imported wines landed of Imports and Exports) also gave evi- 4.We consider that the classes of on the Praya were brought to the dence in support of Mr. Lloyd's state went to Sham Shui Po Police Station and Mr. Barratt, the driver of the motor buses used at present in Kowloon and Revenue Officers for examination, and ment as to watching the weighing and from each consignment the officer took checking process of the wine being car cycle, and also the driver of the bus, district are unsuitable. He took their licenses from them, and 5-We wish to state we are quite satis. one jar in twenty-five. The full jar was tied out. When the Chinese Revenue told them that they would be required fed with the action of the authorities of weighed first and then the empty jar and Officer who was weighing the jars called by this means the weight of the contents out 51 lbs the scale registered three sub- at the Traffic Office at Yaunat, the the Victoria Hospital. following day. He returned to the scene

was ascertamed, An ordinary Chinees divisions above 50-lbs. When questioned beam scale was employed for this par- the man said the reading was correct. of the accident, and found that the Fire Brigade had arrived. After the flames To Me Barratt he said it was his pose, the scale being specially graduated. Witness noticed the defendant, make an- were extinguished he examined the duty to inform him that the Jury had The net weight of the contents of the other mistake in the reading and then vehicle and found that the handbrake found there was no gross negligence sample jar was taken as being the net proceceded to weigh the samples himself was in the on-poion and was badly against him. They, however, found that weight of the contents of each jar and found those that he weighed approxi buckled. He also examined the road- he had, in their opinion, been guilty of The sample jars were taken to the mated The more than those weighed way. This was the same spot where an an error of judgment, and they censured weighing shed and weighed by by the defendant. The contents of the Contentbe- Chiness Revenue Officer, who called out whole of the jars an weighed by the accident occurred some time ago, and hit He would also inform Mr. Barratt that the weight shown on the balance. This Chinese Revenue Oficer worked out f the Jury put forward a rider, that the roadway should be widenedé

he understood that the Traffic Authorities was entered by a European Revende 171:6 gallons, on which $102.56 duty The Coroners Do you consider, as a agreed with the Jury and they were of Officer while another Chinese Revenge would be due. U the re-weigh the con- driver of experience, that it is sale to the opinion that what had happened had Officer noted the weight on a special fonts approximated 1908 gelions, on overtake a bus when shother bus it com- probably been as much punishment to Chinese memo form. This memo form which $14.43 would be due fo ing to meet you about to Fards away him as anything. He had not had was presented with the permit to the At this stage of the Broceedings, His Worship adjourned further bearing of It would be perfectly safe. But it re pleasant time. The Police would take no shroff for payment of duty.

(Continued on next column.) the case until next Thursday afternoon. quires judgment.

further action against him."

THE VERDICT.

The Jury retired for about half an hour, and then brought in the following vet The Coroner: If you had known the diet

We find that the deceased, Bessie true state of the case would, you have allowed Mrs. Mackay to leave the Has Mackay, died from shock and hamorr- pital-No. I was very angry with my hage, following multiple injuries.

and a verdict of death by misadventure. At the time Mrs. MacKay left, you We censure Mr. Barratt for his erring were under the impression that the little judgment, but find no grose negligence. girl's case was serious, but not dangerous We consider it was a case of bad driv- -Yes.

ing

VALUE. self for letting her go,

for $1.25

"

1

The Coroner said he concurred entirely

with the verdict.