1929-09-03 — Page 5

CANTON'S FLYING

MEN.

SEVEN 'PLANES LEAVE FOR NANKING.

REGULAR SERVICE TO BE INAUGURATED,

[FROM OUR OWN CORRESPONDENT. ]

K.O.S.B. MEN IN

TROUBLE.

SERIOUS ALLEGATIONS.

ALLEGED ASSAULT" ON «

OLD WOMAN.

Private Thoman McEwen and Harry Shen, of the 2nd Battalion the King's Own Scottish Borderers, were before Mr. E. W. Hamilton at. Central Magistracy yesterday morn- ing on charges of assaulting an aged Chinese woman at about 11 p.. on August 30 at Shelley Street and also assaulting a Chinese, a chair coolig, at Lyndhurst Terrace the sanie evening..

קוי

CANTON, Sept. 2. Generals Chen Ming Shu and Chen Tani Tong were among the many people present at the Tại Sta Tau Aerodrome this morning to wish good luck to the aviators, under General Chang Wai Cheung, Chief of the Aviation Board, who Defendants in answer are piloting seven machines to charges pleaded not guilty to the Naoking. Immediately before the first count of attacking the old machines took off there wad a woman. MeEwen admitting hitting formal ceremony of farewell and the man, but Shea denied this speeches wishing the flyers a suc-charge. eeas with their enterprise delivered.

ting.

were

to the

Inspector R. Murphy, who prose- cuted, told His. Worship that the The machines left at 8.30 .8. defendants were alleged to have and were due at Amoy at noon. gone to No. 3, Shelley Strees, where They will stay there over aight they found an old woman about 60 and start for Shanghai early next years of age, was sitting on the morning, flying along the coast, doorstep with a number of girls and They will make a short stay at men around her. The defenadata Shanghai, and then go on to Nun-rushed the door and the young girls | ran away, but the old woman was Two of the machines, the "Spirit too fumble to follow them. Both de- of Canton" and the "Chu Kiang," fendants are alleged to have seized made a trip to North China last hold of her and to have thrown her year. The other five, the "Nam into the street. She was knocked Hai," "Poon Ya Chung Shan," unconscious and a Chinese doctor. "Toi Shan," and "Tung Koon,' a practitioner in European medi- are making their frst fight to cine," was summoned and testified Central China. These five aero- that she was suffering from shock planes were recently purchased and in danger of her life. She had from America at a cost of over injuries to her head and a sprained $10,000 each, and are said to be ankle. very satisfactory.

PLANS FOR THE FUTURE.

The very careful preparations made by the Canton Aviation Bureau to found reliable and off-

eient air routes in China are likely to bear fruit in the near future, and Arrangements for a service between

The defendants went to No. 1, Shelley Street, but did not commit any assault there. They later went saulted a chair coolie by striking to Lyndhurst Terrace where they as

him in the face.

"The defendants were later seen

THE HONG KONG DAILY PRESS. TUESDAY, SEPTEMBER 3, 1929.

SOLICITOR'S “BREEZE’

"

WITH BENCH.

PROTEST AGAINST EVIDENCE OVER-RULED.

**NEGLIGENCE" CHARGE: DRIVER'S CONVICTION,

SEQUEL TO MRS. J. GIBSON'S

ACCIDENT.

A strong protest made by Mr. T. G. Bennett that evidence rA- lating to injuries received in an accident was not relevant, and should not be taken into consideration in meting out punishment in a case of alleged negligent driving,"was overruled by Mr. T. 8. Whyte-Smith at Kowloon Magistracy yesterday. The Magistrate hold that the extent of the injuries served ́as some guide to the ex- tant of the negligence.

The case was one in which a young Chinesë, driver in the em- ploy of the China Motor Bus Company was convicted and ined, and was a sequel to Mrs. J. Gibson's accident on August 17 when a 'bus collided with a ricksha in which she was riding.

Mr. Lao d'Almada a Castro held a watching brief for Mr. J. Gibson and Mr. T. G, Bennett appeared for the defendant.

THE DEFINITION OF NEGLIGENCE.

ܕ܂

Mr. Beanett: With regard to this statement, Your Worship, if it

Outlining the case for the Police, Inspector MacWalter "said that at about 12.10 a.m. on.. August 18, Mr. and Mrs. Gibson and another friend were going along Nathan Road in rickshas. It was raining at the time and the hoods of the rickshas were up. They were on the left-hand side | comes to a question of any punish of the road proceeding in the direc- tion of the Star Ferry when they were overtaken by a bus which struck the rear ricksha in which Mrs. Gibson was riding.

The force of the impact turned the ricksha over against a tree, The hood probably saved Mrs. Gibson from being thrown out. She received injuries to her legs and is still confined to her bed.

The Inspector added that although Mr. Gibson was in her company,,

evidenco as he was riding ahead of he would not be called upon to give

his wife at the time and did not

by a European Sergeant in Chitectually see the accident occur... Road who saw that they were being rowdy. He followed them and ar-

"Heard a Shriek," "

rested them. He did not see the Mr. James P. Robinson, G, Gun actual assault on the chair coolie Club Hill, said he left the Kowloon but the prosecution had six wit-Cricket Club at about 11.60 p.m. on nesses to call on that point.

the evening in question and engaged

4

After the accident, did the "bus stop i-It pulled out on the hard covered section of the road and then stopped. It travelled about 15 yards.

What was your idea in telephan ing to the Police 1-Naturally any body would do so. As a resident in this Colony it was my duty,

Did you come to the conclusion that the driver should be prosecut- ed for negligent driving 1-1 should imagine that anybody who could have seen the accident would have thought the same.

I suggest to you that if it had really appeared to you to have been a case of negligent driving, as a reasonable man, you would have examined the 'bus and the ricksha and would have taken men- aurements?

Magistrate: Oh, no, no,, Mr. Bennett!

Mr. Bennett informed the Court that he made no implication when he asked Mr. Robinson if he was on friendly terms with Mr. and Mrs. Gibson.

Conficting Stories,

Mr. Bennett said that it would be stated in evidence that, the 'hus was running on a dark night and along a wet road, When he got to within about 30 or 40 feet of the three rickshas, the coolie pulling Cross-examination.

Mrs. Gibson's drew out a little Continuing Mr. Robinson said behind it, the ricksha turned out When the bus was only 10 feet that Mr. Gibson was in a very dians if to pass or draw level with tressed condition and complained the ricksha in front. The 'bus that her legs were injured.

driver applied his brakes and locked the wheels. The 'bas kidded for ward and hit the ricksha. As a result of the blow the driver alleged and let the ricksha run down and that the rickasha coolie lost control ment being meted out to the de-strike the tree, when it toppled fendant, the injuries should not be over. Did witness agree with this taken into consideration at all. view be asked..

Magistrate: Surely, there is more negligence if you hit a person than if you miss them and, the harder you hit them, the greater the neg. Ligence? However, I have made the following note: "Mr. Bennett pro- tested that the nature of the in juries are irrelevant in a charge of negligent driving."

agree that this story was compatible Mr. Robinson, however, did not

with what he had seen.

In reply to the Magistrate, Mr. Robinson said that if the 'bus and kept on the course it was on when it passed him the accident would not have happened. The ricksha in no way pulled out and he consider- ed the coolie in no way to blame for what had happened.

The ricksha coolie said that he had been hired by "a missie" who indicated to him with her hand

"Still," he added, "I have over ruled that to a certain extent."

Resuming his evidence, Mr. Robin-that she desired him to keep well in to the gutter. He was passing son said that Mr. Gibson, who was

very close to a tree in the vicinity in another ricksha leading the line, of the garage when something ran back. Handing Mrs. Gibson. to

atruck the ricksha. He fell forward and the ricksha turned over and fell him, witness hurried of to tele- phone the police and acquaint them with the fact that an accident haded

occurred.

Canton and Nanking, are nearing completion. The Nanking China Aviation Company organised some

Inspector Murphy went on, to say

Mr. Bennett: There had been a time ago was sponsored by the that the spot where the assault took

a ricksha to take him to the Penin-concert at the K.C.C.1 Central Government, its capital place, was a Chinese quarter. All sula Hotel. As he was nearing the Mr. Robinson: Quite right, there' being largely furnished by rich the people whom the defendante Duro Garage be noticed some rick- had.

were said to have assaulted were merchants. Several aeroplanes from respectable people. The defendants shas ahead, some with the hoods America have been ordered and a apparently thought they were visit-up and some with them down. The etart will be made when they arrive,ing a brothel. The old woman was last ricksha in the line had the still in a bad way and unable to Each of the 'planes will be capable appear in Court. Inspector Murphy of carrying 12 passengers in addi-then asked His Worship for a If, however. His tion to a certain amount of freight. Worship found the prisoners guilts

week's remand.

on the evidence before him he would MORE COINAGE TROUBLES, ask His Worship to inflict. the

maximum penalty.

ODD BEHAVIOUR OF CANTON MERCHANTS,

[FROM OUR OWN CORRESPONDENT.]

CANTON, Sept. 2. Canton is experiencing further difficulties with her coinage and merchants are refusing to accept the old 20-cent pieces. Only new. coin minted this year and the Kwangtung Branch of the Central Bank of Caina notes are now ac copted. This is curious, for when those new coins made their first appearance they were accepted by the merchants with the greatest reluctance. The old coins, thought to contain a greater percentage of aliver, were then 'in demand every where.

Then came the Government edict that every coin must be clean and have no lo marks before it could be tendered. Failure to conform to

In reply to His Worship, Inspec- tor Murphy Baid that MeEwen seem- cu sober but Shea was under the influence of drink but able to stand and talk.

bood up.

.

A 'bus passed witness on the right side "quite clear." Just after this, the bus swerved inwards in such manner that one would have thought it was going to get petrol It crashed into the ricksha "immed- from the garage's filling station. lately in front of witness and knock- ed it over.

He heard a sbrick and then knew that somebody had been injured. The hearing was adjourned for one Telling his boy to drop the shafts week, the defendants being remand-of his ricksha, witness ran to the ed in military custody.

scene of the accident and extricated the occupant of the overturned ricksha.

CANTON'S SIGNBOARDS.

POLICE AND STUBBORN

SHOPMEN ;

upon its left side. He did not know at the moment what had happed-

Cross-examined, he said he heard the 'bus coming when it was a long way off but paid no attention to it da be was keeping well in to the left, Defendant's Story.

Giving evidence on oath, défend- What sort of a night was it 1-Ob, just an ordinary concert night.;ant bore out the statements made (Laughter.)

by Mr. Bennett earlier in the cusc and added that when he applied the brakes to avoid Mrs. Gibson's ricksha the 'bus skidded.

I mean, climatically 7-Rather damp. It rained about 11.30 and continued raining quite hard for about 15 minutes. It was drizzling when the accident occurred.

Was the road wet ?-Not the part the rickshas were on. The road there was rough as the asphalt had been taken ap.

No Stopping Place, Are you suggesting that the road was dry-One could not call it wet, exactly, just, there. It was certain ly quite hard.

Was the 'bus on the rough part of the road as well1-No, it was on the smooth part where the asphalt remained.

41

He then found that the injured How far from the rickahns in person was Mrs. Gibson, the wife front were you when you first saw of Mr. J. Gibson, the manager of them 1--About 10 or 12 yards, Messrs. Watson's Dispensary in The accident occurred outside the Kowloon. He picked the lady up Duro Garage where there are some as she was in a very distressed con- trees 1-Yes. dition and appeared to have been hurt badly.

The Protest.

It was

There is a stopping place there

left 1-

The conductor, whose evidence corroborated that of the driver, was cross-examined by Inspector MacWalter. He said there were no passengers on the 'hus at the time. He was not speaking to the driver when the accident occurred but was standing in the middle of the 'bus.

Despite the fact that the windows were wet, be could see the rickshas

ahead.

Magistrate: You gave evidence in a case here the other day and you middle of the bus then and could said you were standing in the look on the light. What did you mean by that?

look up at the light of heaven and Witness: I meant that I could

swear, (Loud laughter.)

Addressing the Bench, Mr. Beo- nett pointed out that there were two different accounts of the same oc curence: Neither had been shaken. by cross-examination in any way;" Mr. Robinson was quite definite and the driver and conductor also stood the test of cross-examination. Each story was capable of credence but it was up to the police to prove their evidence was no more probable their case. and he suggested that than that of the defence.

It will be remembered that last week the Bureau of Safety in

I know there is not. Canton issued a notification that

Do roots of the trees come up all signboards suspended over the

at this stage of Mr. from the part of the road where the sidewalks were to be taken down Robinson's evidence that Mr. Ben-rickshas were? To the right or the within three daye of the publication nett uttered his protest. of the order, alter which period I think you have gone far Magistrate: The witness is re- police action would be taken in the enough, M. Robinson," he said. lerring to the part of Nathan Rond event of any boards still remaining. We are very sorry indeed to hear where work in connection with the this order meant vonfiscation of the

During the last few days the that Mrs. Gibson is not able to laying of the harbour pipe line has stamped or smeared coins. But somehow, either through misunder-police of the Ninth District have come to this Court to give evidence been going on.

Resuming his cross-examination, standing or otherwise, the Canton been in the streets busily engaged but I must object to any descrip Mr. Bennett naked if any other merchants are refusing to accept in removing numerous signboards tion of injuries being put forward

The Magistrate said he had no. vehicle was approaching. this issue of coin, whether the silver that were still hanging up. The as evidence in this case."*.

hesitation in recording a conviction Mr. Robinson: Not on the side of for negligent driving. is clean or not. Only the bank owners of these boards evidently notes and the twenty-cent

new pieces of the 18th year of the Republic are now accepted.

The merchants claim that they experience great difficulty in telling good coin from bad when the stampa and other ink marks are removed. The best policy, they contend, is to refuse to accept

thought no serious action would be taken. The whole district now has a much neater appearance.

KWANGTUNG MILITARY,

CEMETERY.

Magistrate: On what ground? Mr. Bennett: I must protest very strongly, Your Worship, to the nature of the evidence at this stage. The nature, and extent of Mrs Gibson's injuries should not be taken into consideration when the Court is arriving at a decision in a case of this description. The extent of injuries does not arise when a

Conviction Recorded.

**--

the road I was on.

"I believe Mr. Robinson when Can you give any reason why the he says that the driver swerved." bus should have performed the extraordinary movement you have that Mr. Bobinson gives, no

he said. Mr. Bennett points out described -No reason at all, ex-planation why the swerve took cept that he did. His speed was place. Mr. Robinson's evidence states that the 'bus did swerve and Do you suggest that the driver the onus is upon the defence to show was completely oblivious of the pre- why. The driver and the conductor sence of the rickabas1-An answer say that the 'bus did swerve but province.

about 14 m.p.h.

these coin altogether. The money TO BE FORMED IN KWANT case of negligent driving is being to that question is quite beyond my that the ricksha puller drew out

N

REGION.

into the road and caused the 'bus to

swerve.

tried.

Magistrate: I don't quite agree with you, Mr. Bennett. I think it

After the GreaĞ, does arise. If the 'bus had only Did you see any attempt at, cor- "I prefer to accept Mr. Robin-

ricksha Mrs.rection after the movement just touched the

was son's evidence because it is given Gibson would not have been much made Immediately after, the ae- with more clearness and rings more hurt. If it had crashed into it, she cident occurred the bus get off the true. Even if there is something in might have received serious injuries, rough part of the road."

Mr. Bennett: I still think that evidence of injuries is not relevant in a case of this nature."

Magistrate: I hold that it is quite relevant.

Did you see any signs of the driver's trying to avoid the ricksha? -He did not.

Did you hear the crash f-I ear- tainly did.

changers are also exploiting the ́situation and are said to be fabri- cating all sorts of rumours about these old coins. Many of them are

General Chen Trai Tong is re- offering only 32 coppers per twenty ported to have given orders for the cent piece, as against the regular construction of a military cemetery rate which is at present 40 coppers.in Kwanting in the northern region, All this has meant big loss to the in commemoration of the officers amall merchants, peddlers and and men of the First Division under hawkers,

his command who were killed in In certain parts of the interior the defence of Canton against the of Kwangtung, notably Sun Cheong Kwangsi invasion. and Tick Hoy cities, which the It is understood that a speciai writer has just visited, the new officer has been despatched to sur cains and banknotes are altogether rey the territory and select a suit refused! This is diametrically opable site for this purpose, and that Tosite to what is going on in notice has already been given to Canton The writer was told that the relatives of the men who were it. even the Police and the Govern. killed to exhume the remains in Magistrate I think Mr. Robin-its left side in the gutter. ment tax collectors were refusing readiness for transfer to the now son had better continue his eri- to accept the banknotes.

cemetery,

Mr. Bennett: I still protest, Your Worship, Why, a slight touch given to the ricksbo on such a night and on that road would have upset

dence.

Did you examine the 'bus or the ricksha afterwards -I did not. I had no time as I was in a hurry to telephone to the police,

How was the ricksha lying 1-On

The Gibsons are friends of yours? They are.

the suggestion that the driver of the bus was surprised by the ricksha pulling cut, I still hold that there is a clear case of negligence because the defendant should give suficient margins on clear roads for this sort of thing to happen.

Bus drivers must not drive só

close to rickahns that they will run into them if they make an uqex-. pected move. In this case, the 'bus driver had plenty of room to pasa on the right of the rickshas. Defendant was fined $34.

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