1930-01-16 — Page 12

12

THE HONG KONG DAILY PRESS, THURSDAY, JANUARY 16, 1930.

ROUND THE COURTS. The defendant was stated to have PANAMA CANAL TO MR. MORRISS LOSES

INDIAN LAD DUPED BY HIS FRIENDS.

TEA PARTIES FOLLOW CYCLE THEFTS.

The Kowloon Magistrate (Mr. T 8. Whyte Smith) had a busy time yesterday bearing 4. number of cases in which he had to order cor. poral punishment, the cane for a foolish youth, and the birch for a returned banishee.

been employed at the Docks for six years and to have borne a good character.

#

His Worship remarked that it was a very serious offence to steal when a man was trusted by people. Defendant pleaded that he gave way to sudden temptation. Taking into consiration defendant's good recurd of rvice and character, his Worship he would pass sen- tence of one month's hard labour. ·

BANISHEE AND A JACKET.

Lan Pu, against whom there was charge of stealing a cotton jacket from the verandah of a house in Canton Road and a more serious

A sad case was that of an eleven-charge of disobeying a banishment

year-old Indian boy, who pleaded guilty to a charge of stealing a

cycle which he had hired. Mr. Arthur Covey, on behalf of the defendant, submitted that the

lad was led natray by another youth

defence. order, had nothing to say in his

His record disclosed that during his banishment term of ten years he had previously returned three

times.

The sentence was six months' hard labour on the charge of theft. who sent the defendant out on two

A term of one year's hard labour occasions to hire bicycles. The ma-with 24 strokes of the birch was chines were subsequently sold and

the second count, the the originator of the scheme used in on

prison sentences to run concur the proceeds to give tea parties.

reatly. He suggested that it his Worship ordered a caning, the lad's father be allowed to do it in the presence of Det. Sergt. Humphreys,

In another case in which a man was brought up for assault, Insp. Phillips said that it had since been found that the man was a banishes, The defendant, who was on bail, was remanded in police custody uo

to-day.

His Worship remarked that the caning had better be done by the Court Sergeant, and he orderedil that the lad be given twelve strokes.

AN ELECTRICIAN'S LAPSE.

AN ILLEGAL CHICKEN SHOP.

An electrician of the Kowloon Docks pleaded guilty to the theftau of 83,40 from 28, West Terrace the residence of Mr. E. ("id")

Marriott.

Came

Mr. Marriott explained that the defendant

to repair the electric bell in the house, and after he had gone, the money which the servant bad feft on a table while Mrs. Marriott was busy had dis- Later. the defendant appeared. was searched and the money found in his pockets.

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A Chinese woman was fined $13 Mr. Whyte Smith for keeping illegal chicken shop at 999, Can- ton Road without the limits of the Public Market. Sanitary Inspector Reid said that the complaints were, made by the Market stall- of ur. Bair competition. heiders Judging from the number of noul try, the woman apparently carried on a large business..

The woman used one half of the shop as a rice shop, but kept the chickens in the back yard. (Continued at foot of dext column).

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Fifteen years after American engineers dug the big ditch through the Panama jungle, the Governor of the Canal Zone reports that pre- liminary work has already been undertaken looking toward the first step in expanding the size of the interoceanic caual.

A record of constantly increasing trafic through the waterway is car ried, forward to new high levels in the year and gives emphasis to the need for looking ahead to the time when it will be necessary to make the canal bigger. Army engineers are already surveying a proposed reute through Nicaragua, in care a second ocean-to-ocean canal becomes necessary for the increasing com- mercial fleets of the world. Sub- stantial work, Governor Buess re- .e year ports, has been taken in on preliminary operations neces sary to the first move for expand ing the capacity of the Panama Canal. This is the construction of the Madden Dam at Alhajuela for impounding additional water star- age for lockages, and the rain- tenance of the summit level during dry seasons.

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HIS ACTION.

"TERRIBLE CHARGES" AGAINST WITNESSES.

Judgment for the defendants, with costs, was entered in the King's Bench Division last month in

of Pippingford Park, the action brought by Mr. Hayley Morriss, Nutley, Sussex, against Messrs. Withers,

Bensous, Curric, and

Williams, a firm of solicitors, of Mr. Morriss claimed damages for Arundel Street, Strand. alleged negligence and breach of duty. He contended that the de- divorce suit in 1921, wore negligent fendants, who acted for him in a in not securing a permanent, agree ment with the solicitors of Mrs. Daphne Morriss, his first wife, int regard to maintenance of herself and the children of the marriage.

Mesars. Withets, Bensons, Currie, and Williams denied negligence or that they were liable.

The last was the fifteenth day of the hearing.

Mr. Justice Horridge, in his sum- wing-up, said that the case had heen a very sore trial to the jury, and he thought that they would agree that it was a case which re- quired the exercise, of the greatest care in investigating it. No such agreement as had been alleged could passing through, for tolls collected legally have been made binding and This enforceable. The defendants con- and tons of cargo carried.

tended that they bad core to an bears out previous forecasts made

understanding as between two soli- by army engineers, that traffic through the Panama Canal will citors which they were trying to grow larger and larger so that the get their clients to carry out. canal itself must be made wider and the facilities improved as the years pass and ultimately a new Atlantic-Pacific waterway seriously considered.

1920

to

Record Tolls. in Tolls amounted $27,198,869, a new high record for all time, yet not large enough to return the 4 per cent on total in vestment which the Government sets 24 a minimum before reducing charges on gessels seeking pasange through.

7.

In the past year the once distant Panama Canal Zone has been brought within a few days journey of all parts of the United States by expanding air mail and air passenger routes with expectation of farther extensions immediately, both to the north and to countries. to the south. The canal zone is now a flourishing community of 20,300 people, or 2,300 more than & year ago, and apparently well satisfied with conditions.

Although the volume of traffic is expanding, the time has not yet come when it will be advisable to establish continuous operation throughout 24 hours a day, or even extensive night operation, the re port explains. Fogs make night operation, particularly difficult, it 18 explained:

However, the report adds:-"The continued growth of traffic has em- phasized the importance of provid- ing for a greater future traffic."

"A" PERSISTENT CRIMINAL"

An opinion that Yeung Kee was dangerous fellow to be at large was expressed by Det-Sergeant Humphreys when he charged the man with entering IT, Haiphong Read, and stealing clothing.

The officer said that the defen- dant broke into the house when all the occupants were at work in the Kowloon Godowns. One of them happened to return to the house to sce the door. fung орет and defendant ransacking the room,

Sergeant Humphreys added that the man had completed three terms of banishment and was a persist- cat criminal.

Defendant, who pleaded guilty, was sentenced to six months' hard labour.

STREET PRINTER

CAUTIONED.

The importance of that was that the jury would find letters in which an understanding was mentioned, and they must hear in mind that there was as between the two solicitors an understanding which could very well have been referred to between them.

There was also no doubt, said the Judge, that Mr. Morriss was paying alimony, and therefore they had got to read the correspondence. and evidence in the light of the facts although the defendants said that there was no binding agree- ment there still was between the two solicitors an understanding that they should try and work upon the the working arrangement, like agreed order of November, 1921.

"Window-Dressing."

The Judge said that Mr. Comyns Carr had said that he had to make very serious charges, but the jury might think that if Mr. Morriss's case involved these sort of things it was less likely to be true than if it did not involve these charges. Mr. Morrisa did not hesitate to say that Mr. Covell would go into the box and commit perjury, and that all of them would do their dirty work." It might cause the jury to hesitate to believe Mr. Morris's story that everybody connected with it should have to behave in a dis reputable manner.

NEW CODE OF ROAD MANNERS.

FOR MOTORISTS AND PEDESTRIANS.

JAVA-CHINA-JAPAN-

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Tel. AddersN JAVALYN

Tel Coutral 1574

The Ministry of Transport in N London is busy preparing a very remarkable document. This is the now "Highway Code," which will

book of etiquette for drivers of be issued shortly. It is, in effect,

for walkers. all types of erhicles and

The remarkable part about it,

alties for those who offend against | its excellent maxims. For a Gov- ernment department to issue rules without punishments is a very un- usual procedure,

however, is that there are no pen

If Mr. Morriss is not right in the case he is a very consummate liar," observed Mr. Justige Hor ridge, who added that a consum mate liar very often put likely in- cidents into his evidence so that it very likely appeared to be true,

Referring to the allegations that Mr. Morriss was "excitable and incoherent," the Judgo said that it might be that that was a matter which the jury would have to con- sider in relation to the statement of Covell that that was the reason

he did not answer letters as he would have done to other men.

Dealing with Mr. Morriss's inter- views with Sir John Withers, the Judge said that if the jury took the view that Mr. Morriss put certain words in an interview for the pur pose of window-dressing they might apply

to subsequent events.

that test

Walkers will be told that they should not cross the roads at any but authorised crossing places- that is, when these are available:

walk

They will be advised to along country roads in a direction facing the stream of approaching trafic. They will also be told that all good walkers keep to the foot. Path and do not ream about the

streets.

The code for motorists will con. tain all the unwritten laws that bave been broken so freely in the past."

gocs

Watch the White Line, The niotor-car driver who the wrong side of a white line will be breaking the Government code good manners, but he cannot be prosecuted for breaking the code.

His only danger will be that if the new Road Traffic Bill becomes an Act, he might be arrested for dangerous driving quite apart from the code. It is distinctly stated in the Bill that disobedience of the code may not be taken in itself as or dangerous an act of careless driving.

Why then is this claborate code ei road manners bring prepared i Obviously there must be some rea soa for this charter of etiquette. An official acquainted with the situation said yesterday.

The Government are doing more, than asking motorists and walkers to behave as little gentlemen."

to

"In civil cases and cases of man- slaughter the code will play a highly important part. The care less walker will not be able claim damages against the careful driver and the careful walker will' have a strong case if he shows that the driver was breaking the code,"

all the circumstances and ask your selves, do you believe or not that this man would have gone back to his wife."

Mr. Justic Horridge went on:: "Although it is quite true that a mau may commit crimes of a sexual character which are so horrible that they shock even people who might be difficult to shock, it might still be that he was speaking the truth in the witness-box.'

The Judge said that Mr. Morriss's crimes were of an appalling char acter, and were so designated by the Lord Chief Justice when Mr. Morriss appealed. The Lord Chief Justice then said: "If the Ben- tence of the applicant were to be reviewed it would only be reviewed in respect of an increase. A more appalling case of this kind is not! within the recollection of this Court." Mr. Justice Horridge said: that in addition to what was then known they now knew of Mr. Morrias's nasociation with two women at the Marble Arch flat, and the two women lived in the Bat at the same time.

Questions for the Jury. "Mr. Morriss," he went on, "may certainly speak the truth, notwithstanding these maters, but the jury are entitled to take that history into account, when they are weighing in their minds whether or containing as it does charges of a not they can accept his evidence, most terrible character against the evidence of men whose lives, so far as we know, have up to now been respectable and creditable."

Mr. Justice Horridge left the fol lowing questions to the jury :--

1-Did the defendants about December 14, 1921 represent to the plaintiff that they had made an agreement with Mrs. Daphne It was suggested by the plaintiff Morris's solicitors and that the that Mr. Covell wrote to Mr.solicitors had agreed that in the event of her succeeding in her peti- Morriss something which he never intended to be accepted, and merely tion for, divorce she would abide by intended to be produced in the event and never seek to vary the agree anything about at that time. of this action, which nobody knew ment?

Did the defendants on or was suggested that Mr. Covell would about December 14, 1921, negligent- produce these letters as real letters, ly advise the plaintiff that there was when, in fact, they were merely a binding and permanent agres- camouflage, knowing all the time ment?

He asked why the nurse should, in the circumstances, have anything to do with any question of an irre- vocable agreement. The jury might think that it was Mr. Morris's duty to tell his solicitor the actual facts concerning the nurse's existence at the time. "There is no doubt that Mr. Morriss was harping upon sa agreement, and. a permanent agree Apparently the business of printment, remarked the Judge. ing cards for China New Year has already started, for when Dan was charged with obstruction by settling down with his outfit in a busy thoroughfare, he pleaded ignorance of the regulations.

Defendant was discharged with a caution and advised to keep away

from the main streets.

DEFECTIVE WATER PIPE- AND SUMMONS.

E

A Chinese landlord was summon ed by the Sanitary Department for failing to comply with a notice to remove a defective earthenware water-pipe at 171, Cheung Sar Wan Road.

Defendant pleaded guilty but said that the pipe had since been repaired. He said that he did not receive the notice from the Banitary Department.

Mr. Morrisa's History,

It

on

.or

that they (the defendants) had 3. Was the plaintiff by such neg- made an illegal and improper bar-ligent advice caused to disobey a gain in regard to divorce proceed. restitution order and furnish avi- ings, and this was only to save their dence of adultery1 face.

4. Did the defendants negligently omit to bring to the 'notice of the Court any, and, if so, what, per- manent agreement which had been actually made?

Mr. Justice Horridge asked if the jury thought that Mr. Hayley Morriss would have gone back to his wife. He had, he said, the purse to console him from April The jury returned to court after until November 3, 1921, and he had an absence of nearly two hours, and another woman to consolo him for the foreman, announced that their answer to each of the four ques- Sanitary Inspector Frost confirm some months before December 14,. ed this statement and said that1921. Afterwards, when Mr. Mor- tions was "No." Mr. Justice Hor owing to a mistake in the Treasury ries lived at Pippingford, he com-ridge entered judgment accordingly

for the defendants with costa. file the notice was sent to 125, Con- mitted offences for which he was

The Judge added that he was ex- naught Road Central, instead of to subsequently sentenced. Those of the defendant. The defendant ac fences were that he had conspired ceedingly sorry the jury had been tually received the notice two days with another woman whom he ac- troubled with this long and tire after the date on which he was tually married to commit offences some case. In addition to addi- pabeberemeppeared in Against children under sixteentional remuneration, they would be

ik at You have got to

from attendance for 30 (Continued on next Colun..)

Court.

The summons, was

withdrawn.

years.

Year:

!

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