1926-05-14 — Page 5

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MR. S. J. SQUIRE COMMITTED FOR TRIAL.

THE CASE FOR THE DEFENCE.

SHOOK AND LOSS OF FACULTIES.

SEQUEL TO CAUSEWAY BAY MOTOR-CYCLE FATALITY.

The case in which Mr. Sidney John Squire, an architectural draughtsman

CROSS-EXAMINED. Cross-examined by Inspector Eent: in the employ of the Hongkong Electric Had you a speedometer on your ma- Co., Ltd., is charged with manslaughter,chinef-Defendant: No.

THE

HONGKONG DAILY PRESS, FRIDAY, MAY 1418, 1926

THE SPEED ESTIMATE,

Cross-examined by Inspector - Kent: You had no speedometer and your seed might have been more than you esti te -It is possible.

It may have been thirty instead of 20 miles an hour1-It is possible.

How long have you been riding a eyelo Since last September.

motor-

You have said that there were three spokes broken in the rear wheel of your machine. Have you reported that to the police ?—I reported the accident the and also with driving in a reckless

How do you estimate the speed at me evening and thought everything was manner, was concluded yesterday after which you "were travelling-From 130.K. I did not think it was necessary to noon, so far as the Magistracy proceed years experience of ending motor-cycles report further. I have not been asked ings are concerned, the Magistrate The speed might Have been over about my machine. (Major. C. Willion) committing Mr.miles an hour-I said approximately. Squire for trial on the first charge. The charge of reckless driving was adjourned

vine die..

D

The whole of the afternoon was oc- cupied in hearing the case for the de- fence. The defendant in the witness box, said that he swerved to avoid a serious collision with the motor-cyule in front of him, and that after lightly hit ting its rear wheel with his left foot-I rest he remembered nothing of what hap pened. He did not recover his senses until he was being taken to hospital.

Further points of interest were the estimates of speed, and the evidenes given by an expert witness called by the defence. The damaged motor-cycle was exhibited in Court..

It was argued for the defence that defendant having lost entire control of his faculties after the collision with the other motorcycle, could not be held re- sponsible for what happened and there fore was not guilty to gross negligence. It was also submitted that the prosecu- tion had failed to prove "gross or

criminal negligence or reckless and negligent conduct," and that therefore the defendant should be discharged. His Worship, however, held that the prosecu- tion had established a prima facie cane sufficiently to warrant the defendant be ing sent for trial before a jury.

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The place where the collision took place was 500 feet from the tramway

shelter --I should estimate the distance at 83 to 50 yards.

· Mr. Lensk interposed that the prosecu- tion knew there had been an accident aud could have found out about it.

If a motor-cycle hits the pavement at that speed would the rider be thrown over the handle bars or would be fall on one 1 aide - think he would be thrown clear.

His Worship: F don't think sd expert witness, can give evidence as to how a na will be thrown off his machine.

Mr. Lenak: Yau bavo been to Brook- land and have Joen accidents -Wit- Bess: Yes

1

Mr. Leask said it was because of the Past experience of witness with regard to such matters that he had put the ques- tions..

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witness, in reply to another question. said that it was impossible to judge the speed at which a motor-cycle had been travelling by the damage done to the

machine.

1

2

•

EXPERT CROSS-EXAMINED,

Inspector Kent said he knew nothing

Cross-examined by Inspector Kent, about the spokes.

witness gave his age as 25 years. He had What was it that caused you to lose

Witness remarked that he knew no-heen in Hongkong for just over four your senses-I do not remember anything of the damage to his machine at years thing after the first collision. I do not the time he made his report of the de- Inspector Keat: How long were you la remember seeing the tramway shelter, or cident. Since then there seemed to be military services -Witness: Över four anyone standing near there, neither do

years. remember the smash.

no reason to report the matter further and he had been asked nothing about

Had you been drinking at the Clubit. Not more than I do every day.

.

Inspector Kent mid since it was deci Mr. Leask objected to this questioned that Mr. Squire was to be charged and thought it should not have been and he understood Mr. Leask was calling asked. He had understood, be said, from Mr. Western as a witness. he did not Inspector Kent that this question would think it would have been fair to quer not be brought up.

tion, a witness for the defence. If he had done so, he thought Mr. Lensk would probably have had something to say about it.

Inspector Kent replied that he did not infer that defendant was drunk. He did ant know that defendant was going to say that he did not remember anything of what happened. That was the reason he put the question.

In reply to His Worship, defendant said he was not conscious of receiving any blow. He felt afraid when he saw

Mr. Western cross his path. It appear ed to him that a collision was imminent, and he therefore prepared to throw him- self, off his machine if any, crash eme. Whether it was the strain of this that caused him to lose his senses and his memory he did not know."

Chief Inspector W. Kent prosecuted for the Traffic Department; Mr. J. A. In reply to Mr. Leask, defendant said Gordon Leask was for the defence; and that his front number plate, was slight- "Mr. H. Somerset Fitzroy held a watch-y damaged before the accident. It was ing brief on behalf of the widow and bent on Easter Sunday when he and others went around the New Territories. dependents of the deceased Chinese.

After leaving the witness box and ins- pecting the number-plate, defendant said it was different now to what it was prior to the collision. The corner was hent more than before.

LOST HIS FACULTIES: Mr. Leask briefly outlined his case and related how ir Squite left the Hong kong Electric Company's Recreation Club on his motor-cycle about nine Defendant, addressing His Worship. o'clock on the evening of Saturday, said that if necessary he could produce April 17th, accompanied by two other his club chits to show what drink he had European employees of the Electric Co.,on, the evening in question. on another motor-cycle.

His Worship replied that this was not Mr. Leask said that no one, could tell what really happened in connection with cessary. There was no suggestion that

he was drunk. the accident. He said that the shock Bustained as the result of a slight coll- sion with the motor-cycle ridden by his companion, caused Mr. Squire who swerved in order to avoid a more serious collision, to lose his faculties. Mr. Squire, continued Mr. Leask, saw the other machine swerve and swerved also and after his left foot reat hit the rear of the other motorcycle he did not re member thing that happened until he was being taken to hospital. Mr. Squire knew nothing whatever about the cident or how it happened.

se

Replying further to spector Kent, witness said he did not notice a constable on trafic daty outside the sentry box.

Inspector Keat: That officer stated that you went up Caroline Road -Then the officer would not have been in his proper position; otherwise be could not state that I went up Caroline Road

When the collision occurred between the two cycles did either of you pass any remark did not hear Mr. Squire pass any remark and I myself did not.

You said there was a push bicycle on the road. Which way was it travelling?

Towards Causeway Bay.

On the wrong side of the road -No we were all traveling towards Causeway Bay on the same side.

There were no other vehicles oh the road ---None at all

That is eight years out of your motor- ing experience 1-Yes.

Your position in the P.W.D. is that of a second-class overseer 1-Yea

In this case it is not alleged that; the cycle collided head on with the tramway shelter, but with the man.

Would that not, bring the machine to a dead stop and cause it to fall over i-Yes.

You say 20 miles an hour is a reason- able speed travelling around that bend ---- Provided the road is clear.

Is it often clear between 6 am and midnight 1-Now very often.

When I took you. down to the police garage and you saw the machine was there any difference in its condition then and, when you saw it is the tramway shelter on the Sunday morning-No, only that the lamp wag off when I saw

the machine in the garage.

How would you account for the front. wheel being buckled in two places ?—I cannot account for it. I can understand it being buckled in one place. //

This evidence concluded the case for. the defence.

NOT "GROSS NEGLIGENCE."," Addressing His Worship, Mr. Leask said the defendant had two charges pre- ferred against him, one of manslaughter and one for reckless driving. As His Worship would know, in order to prove PILLION PASSENGER'S STORY.

manslaughter, one of the most difficult by the Hongkong Electric Company, who prosecution to establish that the defend- Mr. Alfred Frank Paul also employed charges to prove, the onus was on the

Was the pillion passenger Western's machine, estimated the speed negligence," but also of gross neglig on rant was guilty not only of ordinary at which the machines were travelling ence," along the Causeway Bay Road at 20-25 reckless and negligent conduct. That or as another judge had said miles an hour. Witness gave corrobora- bad to be proved to bring even prima tive evidence regarding the swerving of facie case of manslaughter. It had to be proved that the negligence was so the machines.

gross as to make it criminal. There had been nothing in the evidence of the pro- secution to suggest that negligence had been criminal or gross.

In fact there had been no evidence as regarded reckless. One witness went so far as to estimate did not turn into Caroline Road. Neither the speed at 34-10 miles an hour, but be did it go around the block on which the was not definite. Other witnesses had shelter was built.

described the speed as terrific.

Continuing, he said that after Mr. Squire's machine came into contact with Mr Western's, Mr. Squire rode straight on and appeared "to" hit the tramway

In reply to Inspector Keat, witness did not think the speed could have been over es miles an hour.

AN ESTIMATE OF SPEED. Mr. Douglas Edwin Western. also em- played at the Hongkong Electric Com-shelter. pay, anid he left the Hongkong Electric In reply to Mr. Leask, he said he wasness. Company's Recreation Club soon after certain that Mr. Western's motor-cycle nine o'clock on Saturday, April 17th, with the intention of dropping Mr. Paul, whom he had as FL: passenger on the pillion of his machine. at East Point Terrace, Yee Wo Street, where Mr. Paul's quarters were. Mr. Squire, who had been at the Club all the afternoon, lelt the Club at the same time and started off about thirty seconds ahead of Mr. Squire and took the lead along the witness. At Bay View witness overtook Causeway Bay Road. Along the straight he thought they were doing about £5 miles an hour. He had no speedometer! There was no trafic on the road.

TO AVOID A CYCLE.

shelter at the tram terminus. :

"APPEARED TO CRASH.

+1

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Inspector Kent: What speed were you going from the end of the Polo Ground to the tramway terniinus? Did you in- creased. crease or decrease 1-Witness: We de-

approaching the corner.

For what reason? Because we were Did you actually see a man riding a push bicycle —Yes.

HEARD A CRASH. -

lished that the second cycle did not go Mr. Leask thought it had been estab anywhere near Caroline Road and that in fact it pulled up.

VAGUE ESTIMATES OF SPEED.

DEFENDANT GIVES EVIDENCE.

Mr. Squire went into the witness box,

After quoting various legal authorities, sad said that on Saturday, April 17th.

Mr. Leask said that if His Worship con- he was playing tennis at the Hongkong

sidered the evidence he thought he would. Electric Company's Recreation Club,

discharge defendant." The suggestions of North Point. He was there during the

speed had only been vague and nothing afternoon and after finishing play be

had been established even now. Sub- remained talking with other members

Inspector Field said that two machines were doing 35-40 miles an hour when until approximately nine o'clock, when By the Jockey Club Stables witness

A Chinese regulator employed by the 100 yards away from the tramway shelter. he left the Club on his motor-cycle. swerved to avoid a push bicycle and Hongkong Tramways, Ltd., said that he Yet Inspector Field did not know of Until passing Bay View Police Station immediately afterwards Mr. Squire's was sitting in his office at the Causeway the sucident. Putting the speed at 40 be had no companions, but after passing machine came into contact with his Bay tram shelter on the night of April miles an hour it would only take five that point Me Western and Mr Paul machine.

17th when he heard a crash and went out seconds to cover 100 yards and if Inspec joined him. Mr. Western was riding his Mr. Leask: Did it make any dif- to see what had happened. He saw the tor Field had turned his head, as he own motor-cycle and Mr. Paul was rid-ference to your balance or speed-Wit-motor-cycle lying outside the shelter and said he did, he faust surely have ding as a pillion passenger,

neas: With a passenger on the back it the two injured men in a pool of blood.seen what happened. He could not iden Describing what happened while pro was hardly noticeable.

In answer to Mr. Leask, witness said tify the two machines nor the riders. He ceeding along the Causeway Bay Road, What happened next1--Mr. Squire that one of the European Inspectora, Mr put it that Inspector Field was inore. delendant snid Mr. Western's machine passed me and went straight for the Manton, moved the damaged motor-cycle than 100 yards away at the time. There drew level with him at Bay View, from

into the shelter and gave witness instruc was considerable doubt as to where the which point Mr. Western took the lead.

tions to get some water and wipe up the two rickshas were and if was very diffi- Defendant rode about. B to 7 Teet behind

blood. Mr. Western and about three feet clear Mr. Leask: Did he crab into the to the right. Lintil the speed limit area tramway shelter I-Witness: So far as I

In reply to further questions, witness cult to estimate speed at night. was passed at Bay View their speed was could see he did. He went over the said no one was told to look after the

Mr. Leask then referred to defendant ten miles an hour, but going along the pavement and appeared to go straight machine. He did not think anyone would straight in the Causeway Bay Road, they for the shelter. Whether he actually tamper with it. The shelter was locked losing bis faculties as a result of the struck it I don't know, but there wero up every night, but some employees slept shock and submitted that he was not opened out to 15-20 miles an hour.

guilty of gross negligence in matters & few scratches on it. I pulled up along-

- AN EXPERT'S EVIDENCE.

over which he had no control. He side the shelter.

thought medical evidence, if it had been Mr. Frederick Baker, called as an ex- pert witness by the defence, said he was called by him, would have shown that it was possible for a man to lose his facul- an officer of the Public Works Depart-ties under the circumstances in which ment, Mechanical Transport. He had had Mr. Squire had been placed. Mr. Squire thirteen years' experience with regard to was the only man who could possibly motor vehicles. He was familiar with have told them how the accident happen this particular stretch of road at Cause: ed, and he only remembered striking Mr. way Bay and travelled over it daily. Western's cycle and nothing more.

Mr. Lenak: Would you consider 2005 miles an hour a dangerous speed at which to take the corner coming westward past the tramway shelter, provided there was no traffic-Witness: No.

A SUDDEN SWERVE... Pasting the wall of the Jockey Club Mr. Leask: Evidence has been given Stables Mr. Western's eyele suddenly that your bicycle went up Caroline Road. swerved to the right. Although defen- is that so?-Witness. It most certainly dant saw no reason for the awerve, he is not so.

Yes,

also attempted to swerve to avoid a colli. Another witness has said that you sion. He failed to swerve enough and circled the plot of ground on which the a slight collision took place. Mr. Wes tramway shelter is built and then pulled tern retained his balance and he (de up? That is not 50. fendant) managed to retain his by thrust- You are certain that you pulled up ing out his right foot."

alongside the shelter and that your DID NOT REMEMBER ANYTHING. bicycle was facing towards Hongkong After this, defendant continued, he did What happened after you pulled up not remember anything until he was Mr. Paul jumped off and helped Mr. taken to hospital. They did not meet Squire. I put the machine on the stand any traffic while going along the Cause and went for two rickahas to get the way Bay Road. The road for the tims of two men to the 'hospital, night was exceptionally clear of traffic. Was Mr. Squire thrown clear of his He could not swear to passing any machine ?-He was lying astride of it rickshan, but he had a faint recollection with his right leg underneath the of passing two going towards Bay View. machine.,

there.

LOSS OF MEMORY.

In conclusion, Mr. Leask said: You have heard, the evidence and in the face of that evidence I shall be surprised if your Worship holds that there is even la prima facie case of “gross.nelgigence" sufficient to justify a charge of man- slaughter...

COMMITTED FOR TRIAL.

His Worship: I consider that the pro- secution has established a sufficiently strong case to go before a jury. There fore I commit defendant for trial at the Criminal Bessions.

Continuing, witness said he first saw the damaged motor-cycle about 10.30 am- on Sunday, April 18th. He went to look at it but of curiosity, having heard that there had been an accident. The damage. was as given in the newspaper reports, with the exception of the lamp which was then on its brackets and not merely hang-

Mr. Lenak: If a motor-cycle being On the application of Inspector Kent, driven at a speed of 25-30 miles an hour His Worship ddjourned the hearing of collides with an object such as the tram the charge of reckless driving nine die. way shelter what would happen? Would On ne further application of Inspector the driver be thrown clear or whatt - Kent bail was increased, His Worship Witness: I think he would be thrown allowing defendant bail in 8500 cash and clear.

"$500 security.

In reply to further questions by Mr. Did you notice the deceased man ing by the thread of the cable" Leask, defendant said that he was an Not until I Bew him. lifted up. I did experienced motor cycle rider. He had not know until then that another man held & licence since, 1911 and had driven had been hit."," considerably in England. When work- In reply to another question by Mr îng for one firm he covered about 60-80 Leask, witness said, that. Mr. Squire's miles per day and while in France he number plate was damaged before the was a despatch rider for three months accident.

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