1928-05-01 — Page 4

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THE HONG KONG. DAILY PRESS, TUESDAY, MAY 1st, 1928.

PETTY OFFICER CHARGED WITH

MANSLAUGHTER.

CHINESE KILLED AND CAR TOPPLED INTO

HARBOUR.

SEQUEL TO DRIVE IN THE SMALL HOURS.

The charge of manslaughter against Chief Petty Officer W. G. Kelsey, of H.M.S: Ambrose, commenced yesterday at the Supreme Court before the Chief Justice, Sir Henry Gollan, and a jury.

The prisoner was alleged to have killed à Chinese in the early hours of March 93th while driving a public motor ear along Con naught Road Central. The car eventually toppled over the Praya wall carrying with it the prisoner, and a naval stoker with him, the driver and an assistant

According to the evidence of witnesses for the prosecution the prisoner drove "the car at an excessive speed, and forced the driver to let him drive.

I

Mr. Sheldon: In that statement you' tald him that the car was going at about 2 to 25 mph, at the time of the accident T-At the time when he questioned me, I said the car was travelling at 20 m.p.h.

Mr. Sheldon: How do you judge the speed of the car you were driv in When I passed a row of houses and they disappeared from my sight quickly, I know that my car was going faster than the ordinary speed.

Answering further. questions. wituess admitted that he had a speedometer in his car but it was not working. He also could say definitely that he saw Tam struck by the car. It was the right sules of the front bumper that struck the deceased. He also admitted that at the Police Court he said it was the mudguard which struck the deceas ed

M: Sheldon: Was it true or not that he was hit by the mudguard 1- The bumper streck him and not the side of the mudguard. It was done by the right side of the fender.

"Mr. Sheldon: Then it was untrue when you said that it was the mud- guard that knocked him down and the fender struck him on the head as he foll-At the time' I did not

the fender is ahead of the mud- guard

Mr. H. Somerset Fitzroy, Acting Mr. Sheldon: I put it to you that Attorney-General, conducted the you would expect injuries" to be case for the prosecution, and the more severe if the same car was defence was in the hands of Mr. | being driven at 20 miles an hour!—know how to state it clearly because

I should expect more severe H. G. Sheldon, instructed by Mr. Yes. G. S. Hugh Jones, of Messrs. injuries. Wilkinson & Grist.

Mr. Sheldon remarked that there was a pool of blood on the road, and asked witness whether there would be bleeding from any part of the body other than the head.

Witness replied that there would be sufficient bleeding to form what was termed a pool of blood.

The jury empanelled were Mesars. H. Goldenberg (foreman), A. A. Alves, J, McKelvie, J. E. Noronha, L. A. da Costa, D. S. Neilson, and E Antonio.

Would Be. Equally Guilty. Before outlining his case, Mr. Fitzroy said that he would like first of all to deal with the question as to whether the deceased, Tam Tak Yuen, was actually hit by the car, ar whether he jumped out of the way of a speeding car and sustained his injuries by falling down. The prisoner was equally guilty in either caac. That point was established in law.

His Lordship said that he would prefer to hear the facts of the case first.

case,

|

Mr. Sheldon: Considering the injuries found at the post-mortem examination, was the man likely to have moved himself again after being knocked down?-It is pos- sible.

Mr. Sheldon: Were his injuries such that he could have got up and walked along 1-I don't think he could have done that with a fracture of the skull.

Yes.

Replying to this Lordship, wit ness stated that if the mudguard

Mr. Sheldon: The injuries were consistent with the man having Casa Outlined,

fallen or having been knocked down

In

Mr. and fallen on his right side ?-Yes. outlining the

And not consistent, with his Fitzroy said that in the early hours of March 25th, the prisoner and a having received those injuries stoker went up to a European Ser-through falling on his left side - geant in West Point and said that they wanted to hire a motor car. The Sergeant took them to a car outside the To Yuen Restaurant. They then drove to No. 2, Kee Prisoner and his Cheong Road. friend went into a house without paying the car hire. A feki was sent up by the chauffeur to demand the fare. This man returned with in- structions that the. car was to be sent round again to take the pris oner and his friend home at 4 a.m.

Accordingly the car returned for them and was met by the prisoner and his friend at the mouth of Kee Cheong Street. Prisoner demon- strated the driver that he under- stood the working of a car and asked to be allowed to drive. The chauffeur refused, whereupon the prisoner pulled him out of the car, and took the wheel himself.

the

waterfront at an

had struck Tam Tak Yuen it must have been very lightly.

His Lordship: On the whole you think the man received his injuries by falling from some cause or an other without having been struck! by a car at all 7-Yes,

His Lordship: Do you think the injuries, consistent with his having fallen as he was walking slowly along or with his having made some movement to avaid anything I don't think the injuries were con- stent with walking slowly. I think he made some effort.

His Lordship: That is having tried to jump out at the way Yes.

Quite Sober.

Wong Hoi Tung said that the The car was then driven along prisoner had visited him on the excessive morning in question. Prisoner, and speed. This speed was maintained his friend appeared to be quite throughout the journey. When near- sober and while they were in his ing Po Tak Wharf, a Chinese was house, they shared a big bottle of seen coming out with a sack over beer between the three of them. his shoulder.. Prisoner did not

'Driver's Evidence. attempt to slow down nor did he

Chung Ping Hung, licensed driver swerve to avoid the man. The car got to within about 20 feet of the of public car No. 313, gave evidence man, and, seeing that the prisoner bearing out counsel's statement. was driving straight toward the He drove prisoner and his friend man, the chauffeur stretched out his to a house in Ke Cheong Road. hand and pulled the hand brake. The prisoner on leaving the car It was, however, too late and the refused to pay. Witness sent his Chinese was knocked down. Im-assistant up to the house to demand mediately after the

accident, for payment and his assistant came prisoner swerved and in doing so back with the instruction for the the ear went over the Praya Wall car to return for prisoner at 4 a.m.

He returned for the prisoner, who The chauffeur swam back to shore and on reaching terra firma, be then demanded to drive the car found that the defendant and his He refused and was then pulled off friend were walking away. He his seat into the road. Eventually blow a police whistle and when the prisoner took the wheel and constable arrived, prisoner and his drove the rar, along the waterfront. friend were detained. The injured Witness was sitting next to prison- man was found on the side of the t, his assistant and prisoner's road and taken to hospital, where friend were at the back. he died,

Medical Evidence.

His Lordship: Well, anyhow, it was incorrect 1-Yes, it was the fender. Witness added that while sitting in the left hand seat he could not see the right hand front of the bumper.

Mr. Sheldon: Well, how do you know that the man was hit by the right side of the humper 1--Becauso the bumper is ahead of any other part of the car.

Mr. Sheldon: You really did not see this man hit but you presumed he must have been hit by the bumper 1-Yes.

Mr. Sheldon: You were warned rather severely by the Magistrate (r. R. E. Lindsel) were you not for telling lies in the Police, Court! .—Yes, the Magistrate warned me to

tell the truth.

Wituess was further questioned with regard to tyres. Mr. Sheldon then referred him to the fact that during the morning's hearing he had stated that the prisoner and his companion were walking away from the scene of the accident singing. Now, why did you not mention that before?"

Witness replied he forgot whe- ther he did mention it at the Police Court or not but "they were really hugging each other as they were walking along and singing.

They had their arms round each others shoulders."

you

Mr. Sheldon: You mean saw them walking along supporting each other?—They had their arms round each others' shoulders.

Witness admitted that he knew the prisoner was injured when he arrived at the Police Station and added that the prisoner was not too seriously hurt to be unable to walk by himself as he only had a slight - abrasion on his face,

Mr. Sheldon: It is a pity you did not understand what he said when he said ** can · drivet ”—I did not understand what he meant then. his car, witness said that both back Cross-examined on the working of whecis could be locked by the ap plication of the foot brake but if the car was travelling fast the hand

brake would not lock them. The wheels lacked at the time of the accident when he (witness) put on the band brake. When the wheels were locked the car would go straight on a dry day but might zig-zag on a wet day. agreed that the prisoner was so expert driver.

Witness

Magistrate's Note. Mr. Fitzroy drew his Lordship's attention to a part of the deposi tions containing a note made by evidence of the licensed driver. the Magistrate with regard to the Counsel said, that is the opinion of the law officers of the Crown that note ought not to have been made.

His Lordship remarked that he quite agreed and did not think it ought to have been made.

Mr. Fitzroy: I think I am right The car was driven at an exces in drawing your Lordship's atten sive speed, and when they came tion to it. anwa Chinese coming out with a there was a provision in the Civil near to the Po. Tak Wharf, witness

His Lordship greed. He said sack ever his shoulder, Prisoner Code which allowed a judge to make made no attempt to avoid the man

Medical evidence was then given by, Dr. J. K. Craig, of the Govern ment Civil Hospital. He described the injuries of the deceased, and

that a police magistrate should in reply to Mr. Fitzroy, he said that nor did he slow down. Instead he such a note but he did not think the injuries could have been caused put his foot on the accelerator make any such notes when taking:

Witness put on the hand brake evidence. by deceased being knocked down when he saw that the car was head. by a motor car. It was also posing straight for the man. The car pro himself had not called his Lordship's Mr. Sheldon remarked that he sible that the man might have ceeded at the same speed even when attention to the note but he thought fallen.

the brake was on. The man was that the prisoner was entitled to Cross-examined by Mr. Sheldon, struck by the mudguard and the have it read to the jury or the Dr. Craig said that the external prisoner then swerved. He turned burden of it explained to them. injuries sustained by the dead man the car out in the direction of the Explaining the note to the jury were really of a slight nature,

Mr. Sheldon: They were not the harbour with the result that 'vehicle his Lordship said it contained no and occupants all had a wetting thing against the prisoner and was, kind of injuries you would have He swan back to shore and found in fact, in his favour. They could, expected to find if he had been hit the prisoner and his friend walking straight by a motor car travelling away and singing as they went.

nowever, judge the demeanour of the witnesses for themselves.. at a high speed 1-No.

Later his Lordship after referring to the Civil Code, said there was such power given to a judge of the Supreme Court

Mr. Sheldon: I put it to you that

Els Ides of Speed.

the injuries were not consistent Cross-examined by Mr. Sheldon, with the man being hit by the mud-witness said that he had been grant guard of a 7-seater Studebaker ed the licence only a week before travelling at 40 miles an hour and the accident. Before that he was in falling, being struck on the head in Annam learning how to repair

The licensed driver's foki, who was riding in the car at the time

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There Mast Be a Silver Lining (That's Shining For Mo)

Fox Trot With Vocal Refrain WARING'S PENNSYLVANIAMS My Stormy Weather Pal-Waltz With Vocal Refrain

JOHNNY JOHNSON AND HIS STATLER PEBİNSYLVANIAMS

No. 21227, 10-Inch Ramona-Walts With Vocal Refrain Lonely Melody-Fox Trot

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Away Down South In Heaven

Fox Trot With Vocal Refrain

"PAUL WHITEMAN AND HIS ORCHESTRA

No. 21228, 10-Inch

Black and Blue Blues With Ukulela and Piano Lickens With Piano

No. 21226, 10-Lach

Bungalow of Dreams From Midnight Till Dawa

No. 21430, 10-inch

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Hi Lordship remarized that the an hour,

His Lordship: I wish there were more drivers like that in Hong

of the bumper -No, I don't think motor cars. Witness said he did of the accident, gave evidence with that they were consistent with not know English and all he knew regard to the amach and said the that.

was the terms Hand brake and car was being driven by the prisoner law was quite clear if there was Mr. Sheldon: Or the same car foot brake. He did not know the so fast that he (witness) put his any evidence at all and added that travelling at 30 miles an hour meaning of Have got."

Mr. Sheldon could not say anything Kong galang hend down, jotta s Well, I think there is little differ- Mr. Sheldon I put it to you that Mr. Bheldon, before cross-examin to that effect at that stage of the ence between 30 and 40 miles an when you returned for the prisoner, ing, said the driver and the fok case hour.

Mr. Sheldon referred to witness's the asked you "Can drive," and were the only two witnesses vho Mr. Sheldon: I put it to you that zou answered "Havo licence" had given evidence against the evidence in the Police Court when quite obviously the injuries were No.

prisoner of any negligent driving. heid he had no idea of speed Counsel submitted that there was as he only drove round Happy no evidence against the prisoner Valley, which was reserved for *(Continued an next Oolaisvii). learners, at not more than six miles

3

not consistent with that speel Mr. Sheldon: Do you remember

I should have expected them to be finaking a statement to Inspector

Alexander 1--Y

more severo,

Answering his Lordship, witness said he did not put his head down when he was driving at about six miles an hour, and in reply to Mr. Sheldon, denied that he was going to sleep at the time of the accident.

the case was adjourned until morning