1930-01-17 — Page 7

DR. BREITLANDER'S

CASE.

OPERATION DEEMED »

ILLEGAL.

A LENGTHY REPORT,

(FROM OUR OWN CORRESPONDENT.]

will

THE HONG KONG DAILY PRESS, FRIDAY, JANUARY 17, 1930.

XMAS NIGHT IN HAPPY VALLEY.

FEUD LEADS TO ASSAULT CASE.

AN ALLEGED "GANG" ATTACK.

NEIGHBOURS AT LOGGERHEADS.

The case in which Mr. G. H. Blok, of the Daily Press, summoned CANTON, Jan. 16. Messrs. H. A. de B. Botelho, and The lawsuit of Mesars. Wong, B. Maher for assault, and Mr. Tak Kwong and Wong Tak Cheung. C. Botelho, Mrs. Botelho and agala Dr. Breitlander, which has Miss C. Botelho for abusive lan aroused so much interest in both

guage, came before Mr. A. W G. legal and medical circles in Canton,. Grantham at Central Magistracy

moet probably be decided

yesterday. in the City Court in the course of the next few days. The offer of the Public Prosecutor has sub. mitted a detailed report of its find ings and recommendations to the Court. According to the Prosecu-was for the defendants. tor, hoth Dr. Breitlander and D... Ling Pool Ki are guilty of

There were also four, cross-sum. mouses against the complainant.

Mr. F. C. Rendal, of Messrs. Russ & Co., was for the complain ant, and Mr. Leo d'Almada, sar.;

Outlining his case, Mr. Rendall said that his client lived at 59, Wong Vet Cheong Road. The Botelhos resided two doors away, at No. 93. After relating the facts of the Mr. Maher alac lived at the latter cass as already published, the re-address. He is a nephew of Mr.

criminal offence.

and Mrs. A. C. Botelho.

Some Iriends then came out of his house, and pulled Mr. Botelho awas. and held him back. Mr. A. C. Botelho, the latter's father, came out in his dressing gown together with Mrs. and Miss Botelho. Wit- ness said that they were speaking in Portuguese and flung swear words at him. Mrs. Botelho came near him, and demanded the return of Darkie's (Mr. H. A. "Botelho) scarf. Witness replied that he hadn't got it, whereupon Miss Botelho insisted that he had, and asked to search his pocket saving that witness would be a coward if

he did not allow her to search. This statement, witness said, was followed by a general demand from the crowd, but witness refused to allow them, and added that if they insisted they could come to the

Police Station with him.

Witness said that he went inside,

and later went to the Police Station, where he made a report and rang up Dr. Strahan. Dr. Strahan re- ferred him to Dr. Nicholson, who Witness went to Hospital came. two days later as a result of injuries

received.

port...

Ends that Dr. Breitlander

On Christmas night the family at took out a part of each organ for his client's residence gave a dinner experimental purposes.

party attended by about 18 people. After dinner about 18.30 p.m.. some When the plaintiff learned of of the guests made their departure. this," the report goes OL, he His client would say that shortly after he was looking for a cigarette brought the matter up in court, holder which he had dropped on charging Dr. Breitlander with mur the steps leading to the house. He Next Door Neighbours, dering the deceased for this pur-continued his search on the pave Examined by Mr. Rendall, witness pose. The court referred the mat rushed towards him from an empty Botelho for a long time but just as ment outside, when suddenly a man said that he had known Mr. A. C. to the Municipal Hospital, plot opposite the house. He recog passing acquaintance. He also which sent out chief surgeon, Dr. nized the man as Mr. H. A. Botelho.

knew Mr. Maher, as the latter came Chow Koon Mling, to examine the

Mr. Botelho, in threatening to the house often. In fact he met What do you mean him every day. Witness added that body. He confirmed the Prosceu by calling us loafers?" M. Blok whenever Mr. Maher saw him the tor's findings.

ignored this question, and Mr. latter paid him particular attention Hotelho, after repeating it, hit his and would whistle the tune of "It

continued day after day," said wit client on the right side of the mouth.nin't going to rain no-more. This

TCSK, but I took no notice of him., I was told later that he did it just

ter

manner, said,

"Now the performance of a 1st mortem examination, accordIt was then, continued Mr. Reddal!, ing to official rules and regulations, that Mr. Maher came up from be- is restricted to special medical inhind and struck two blows at his

stitutions and to local hospitals, and only when such action becomes

client, who fell to the ground, Mr. Maher then ran away. but Mr. Botelho continued to strike Mr. necessary for medical research. Ia and Miss Botelho came on

Blok. At this juncture Mr. Mrs. the addition, the consent of both the scene. relatives of the deceased and of the proper Government authorities

must first be obtained.

" ILLEGAL ACT. "The Canton Sanitorium is not a special medical institution or a Jocal hospital. Even granting that the Sanitorium has the right to perform an autopsy, the explicit consent of the relatives of the de- ceased and of the Government must be first obtained. This was not done, and the act constitutes a violation of he law.

"The defendant, although

After some discussion, continued accused his client of keeping a counsel, Mrs. and Miss Botelho

sear! belonging to Mr. H. A. Blok denied this, Botelho. whereupon Miss Botelho asked to be allowed to search him. Upon his refusal she went to the Police Station to make a report. The officer on duty could not see his way

clear to interfere in the matter."

Medical Evidence.

to annoy me.""

Mr. Bendall: Are you musically inclined." In a way

Mr. d'Almada: Have you ever THE WATER SUPPLY.

had any trouble with the other de fendants (referring to Mr. and Mrs. Botelho and family) -No.

Mr. d'Almada: That being the case, can you suggest any reason why. Mr. H. A. Botelho came out of the car and spoke to you i-Maher may have told him something and he got angry. 4

1,235 M.G. IN ISLAND RESERVOIRS.

The total storage in the island reservoirs on the morning of Mon- Referring to Mr. Botelho, Mr. day, January · 13, amounted to d'Almada asked witness if he was

1.295.30 million gallons shewing a aware if the latter, drank. Witness.

decrease of 44.27 million gallons said that he knew Mr. Botelho did not drink. In reply to another ques. Į during the past week; the amount tion, witness said that he had only collected from streams being 1.33 one on two drinks that night.

million gallons.

Shouted" You Loafers,"

The week's consumption amount- Mr. d'Almada: I put it to youed to 45.60 million gallons. that you were actually standing on the footpath outside the house that night and Mr. Botelho, Miss Jorge and Miss Ribeiro were in a motor car and you shouted out "You leafer."-Witness denied this.

Mr. d'Almada: I further put it to you that Mr. Botelho left the car and said “What do you mean by calling me a loster" and you struck him --Witness also denied this.

Mr. d'Almada I put it to you that you were the first aggressor and struck Mr. Botelho on the eye1

No. I did not.

Mr. d'Almada: And when you hit him he defended himself and retaliated and a 6ght occured?--

No, I did not strike him.

>

|

KOWLOON SUPPLY...

The total storage in the main- land reservoirs on the morning of Monday, January 13,, amounted to 430.51 million gallons, shewing a decrease of .99 million gallons during the past week.

The week's consumption amount ed to 24.17 million. gallons, not in- cluding 1.87 million gallons sup plied to Water Boats at Lai Chi Kok.

The yield from the Shing Mun River and streams during the week is 18.05 million gallons.

Mr. d'Almada: So you received all the injuries without retaliating 1 THE KWANGSI SITUATION.

I was floored and knocked down again by Mr. Maher. I got one

DIFFICULT CAMPAIGNING hlow from Mr. Botelho and two from Mr. Maher and some more when I was on the ground,

According to

the vernacular

Mr. Almada I put it to you Press, the situation in Kwangsi is that, in consequence of your aggres-obscure and reports are meagre and sive nature, a fight occured bo-conßicting. News from a fairly tween you only and Mr. Botelho No. Mr. Maher came in also.

Mr. d'Almada: Have you grudge against Mr. Maher-No. only an ill feeling. When a person has a grudge against another he goes after the other's blood!

17

reliable source at Wuchow states that the Kwangtung-Nanking forces which captured Piaglok a few days ago are now attacking Laipo to the west of Pinglok. There some two thousand "Ironsides" bave rallied. When Laipo is captured, the A Previous Incident.

Government forces will advance in Mr. d'Almada referred to a pre-two directions, on Liuchow and brought before Mr. Hazlerigg and Liuchow. Much difficulty has been vious incident wher. Mr. Maher was Kweilin. The main body of the Kwangsi- Ironside " troops is at bound over for six months.in con- sequence of witness's complaint. and will be experienced by the expeditionary punitive forces on "I put it to you, man" to man,' said Me. d'Almada to witness, that account of lack of communication Inountainous parts of in consequence of his being bound over you tried to get him to break Kwangsi. his promise?"I deny that ab

As to Lui Woon Im, who again "turned, over " to Kwangtung solutely.

Mr. d'Almada: Because of your he will do much for the Kwangtung recently, it is doubtful whether ill-feeling. And on Christmas night Mr. Rendall remarked to the you were looking for trouble so that ordered him to send his troops General Chen Tsai Tong Magistrate that it had all led up to you might put Maher off his pro-northward from Sanchow to attack the incident. He would bring a mise-I did nothing of the kind. Liuchow but Lui insisted that he Mr. d'Almada also put it to wit had not sufficient troops to cope that Maher had said that, he was witness who would tell his Worshipness that Mr. Botelho did not use going to cut Mr. Bloke wireless obscene or abusive language. Wit with the situation. He has tele ness replied that the words were in graphed to General Chen that he is sending his troops against Li sulting.

Ming Shui's forces which threatening Nanning.

Witness said that he took no notice of Maher, but the whistling was kept up until the incident com plained of.

Aerial Cut.

aerial. It was all done to create annoyance," said Mr. Rendall,

Mr. d'Almada objected and re- marked that it had nothing to do Dr. M. Nicholson, of Drs, Allen with the case. It was merely pro- and Strahan, then gave evidence. longing the evidence and time of the lle said he received a telephone Court to bring the matter up. message from Mr. Blok and saw Witness said that he found the him" shortly after midnight. He aerial cut the day after he heard found considerable swelling and the threat and found it on lying the bruising on the side of his face, both { roof,

abore and beneath the eye. Two

Cross-Examined.

days later, continued the doctor, he Mr. d'Almada, cross-examining

Mr. d'Almada: When Mr. Dotelho asked you to return the scarf you told him to go and fumigate himself, because he was the Secretary of the Fumigating Bureau, and told him that he was the uncle of a loafer (Mr. Maler) I did not use those words.

Mr. d'Almada: Do you incan to suggest that if the defendants were told to go into the witness-box

they were in a conspiracy between you ask the Court to believe that

Maher and the family to give you a

in it (referring to Mr. H. A. Botelho Mr. d'Almada:

and Mr. Maher). Never had a' quarrel with anyone 1-Yes, at times

Mr. J'Aimada also mentioned to there are disagreements,

witness that he met a certain Mr. Mr. d'Almada referred to an in- Soush on Boxing Day and on being cident at the Craigengower C.C. and asked of his injuries said that "he said that on 508 occasion wilted got them from young Botelho and

ir. the

calise,

MR. K. E. GREIG ILL.

arc

foreigner and above suspicion as examined Mr. Blok in his office witness, asked if he was by nature they would all be telling lies! D Greig, manager of the Taikoo

again, and found blood clots beneath of a quiet disposition and inoffen the eye. There was much bleeding sive Witness said that he was. when he first saw' complainant.

to any ulterior motive connected with his net, is a registered medi. cal practitioner here, and should therefore conform to the Chincec

Witness said that in his opinion Iaw. As he violated it openly he the injuries were caused by a blow must take the ronsequences.

from the fist in fact, it rather Dr. Liang Pooi Ki is the man-heavy bw. Possibly there was ager of the Sanitorium, nad could more than one blow. He then ad- have stopped Dr. Breitlander from vised complainant to go to the hoa- committing the oflence. On the pital. contrary he encouraged and helped the German doctor. He is there-juries could have been caused by Questioned as to whether the in- fore guilty of complicity, and must falling against 'some blunt- instru- also hear a part of the responsibili- | ment," witness said it was possible. tica.

Mr. Blok's Evidence.

of the opinion that Dr. Breitlander

A COLLAPSE ON MONDAY.

We regret to learn that Mr. K. E.

Dockyard and Engineering Co., Ltd., is at present lying ill at the French Hospital. We understand

a function at Government House on Monday night, and on his removal to, hospital it was found that he was suffering from internal hemor thage. Mrs. Greig, who has been

Mr. d'Almada: So far as you jolly good hiding 1-They were both that he collapsed whilst attending

know you have not entered into a scrap -No.

at Home for some time,, is due here

by the s.s. Karmala to-day.

aérose and atruck Mr. Blok. Wit- Maher who was nearby, because he knew Mr. Maher was angry with. Mr. Blok.

had had trouble with the bay there Mr. Maher. He also showed the others," but made no mention of over the latter's refusal to allow scarf to Mr. Sousa "Can you sug a police officer to sign in the book gest any reason why Mr. Souza gaveness was keeping a look out for Mr. of another member; and that wit-this information voluntarily 1" ask boy that Mr. Maher had signed the ness became annoyed and told theed Mr. d'Almadn Probably be book of Mr. Botelho. Mr. d'Almada cause he is of the same nationality."

replied Mr. Blok. Baid that withess "went for the

Suddenly Mr. Maher rushed up Mr. d'Almnda remarked that on and while they were struggling, he bay," who referred Mr. Blok to

Someone tried to Christmas night witness was in an hit Mr. Blok. the notice board. He said that Mr. exciteable condition and on account stop Mr. Maher as he rushed at Blok went to the board and tore the of his ill-feeling he stood waiting Mr. Blok but he pushed the person notice down.

away. Mr. Blok fell to the ground. He saw young Botelho ask for his handkerchief but Blok replied that he hadn't got it.

to see Mr. Maher pass. You were

looking for trouble and got it," add.

ed Mr. d'Almada

"..

An Offensive Remark,

"In view of these findings we are Mr. Blok, in evidence, said that has violated Article 260, section 1, o Christmas night a dinner party of the Penal Code. And Liang was given at his house. Later in Pooi Ki, being an accomplice in the the evening, at about 10.30 p.m., offence, should be punished accord when a certain number of the party ing to Article 44, section 1 and 3, had left, witness went outside for a of the Penal Code. But the while before retiring. He stood out. defendants had no personal animus, side the front door for a anoke, but

Witness replied that he only and, their autopsy was purely in dropped his cigarette holder. He pointed out to the boy that others the interest of medical science, was standing at the top of the steps leniency should be shown, in ac At the time, and hent down to look had been allowed to sign the books cordance with Article 77 of the for it. He continued his search and why was it refused on that pe- casion. He did not tear the notice, Code."

until he renched the bottom of the

from the board, but referred the steps.

matter to the Secretary. He was standing on the pavement looking up the steps towards the Mr. d'Almada: And you say you door when Mr. H. A. Botelho sud-are not of an inoffensive nature." denly came up, and pointing his finger in witness's face said, "What do you mean by calling us loafers 7" Witness replied that he didn't call anyone a loafer, and continued lock-conductor to produce his monthly away 1-No. I was not within kick ing for his cigarette holder, paying ticket. Mr. Blok refused and the

attention to Mr. Botelho, who conductor took him to the Police ing distance of him. however, kept saying, "You did, Station, there the police officer told you did call is loafers."

FERRY-BOAT SINKS SAMPAN.

A CANTON TRAGEDY.

:

[FROM OUR OWN CORRESPONDENT. ]

A

CANTON, JRD, 16. river tragedy occurred of Shameen yesterday morning, when a ferry boat of the Canton-Samahui Railway rammed a sanupan, throw ing all the occupants overboard. Of the seven passengers, on board the sampan, only three were gived. The owners of the craft, a man and his wife, were sayed, but their three children were all drowned. The man was caught by the pro- peller of the ferry, and suffered severe cuts on the legs and lower parts of the body. He was taken to" hospital.

Suddenly, witness received a blow from Mr. Botelho, on the right side

WOS,

A Tram Incident. Mr. d'Almada also brought up an incident which occurred on a tram. Witness had been asked by the

Mr. Blok that the conductor was perfectly justified.

Witness replied that he had

of the mouth. Just before receiving already shown his ticket onee to the blow, witness remarked that the conductor and that he put the he looked over Mr. Botelho's matter of shoulder and saw Mr. Maher stand-take a person to the Station to Mr. conductor's right to

did not know who the other man Mr. King, the Acting C:8.P, at the ing nearby with another man. He Bellamy, who referred the matter of

time. A reply was received to the effect that in the absence of a police constable the conductor or tramway inspector had the right to take a person to the Police Station. Mr. Bellamy expressed regret at the incident and the matter was drop- ped.

Struck by Mr. Maher.

Witness said that immediately after he got the blow from Mr. Botelho he got another one from behind which came from Maher. The campon was on its way back Witness said that he noticed Maher to the shore from the Hong Kong behind him, but was too late to boat Tin Yat. The seven passen-avoid the blow. As be dropped to gers on the sanpan bad come up the ground, witness saw Maher running away. Witness managed to on the steamer,

According to the Water Police, get on his feet again, but was again the railway boat is to blame for the struck by Botelho. He fell again, tragedy The captain abeconded and Botelha stooped over him and

ground.

nuring, collision.

Miss Cissie Botelho then asked Mr. d'Almada asked witness whe- for it, but Mr. Blok replied the ther and when Miss Botelho appear same. She said why don't you let ed in front of him and asked for the return of the scarf, he did not make me search you," and Mr. Blok said an offensive remark. Witness denied again, I haven't got it," and pass. ed some other remark. Mr. Botelho this.

(senior) then came up to Blok and said What did you say to my daughter!" He did not hear the reply.

Mr. d'Almada: So this is all wonderfully fabricated story out of their minds. Did you not kick Mr. H. A. Botelho as he was going

Blok say anything about trou- Mr. Rondall: Did you hear Mr. sers-No, I only heard him say the word " buttons."

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TEL. C. 4567.

A COLUMBIA RECORD BY

HIS MAJESTY THE KING

THE SPEECH OF HIS MAJESTY AT THE OPENING CEREMONY OF THE TYNE BRIDGE

The record in a living thing

The

Vibrant tones of the King's voice ars recorded with a realism that will rereal a new understanding of His Majesty's magnetic personality.

Record No. 9414.

The Anderson Music Co., Ltd.

An Announcement

We have pleasure in announcing that we have been appointed Sole Agents in China for

Messrs. Shanks & Co., Ltd. Examined by Mr. Rendall witness Messrs. Shanks

asked if it was not a fact that in- Mr. Rendall re-examining witness stead of witness trying to agitate said that he met Mr. Maher the Mr. Maher, the latter was waiting day he returned from the Police for a chance after the six months Court when he was bound over and

smash him." Witness

he said "I didn't get much." replied that this was so.

was up to

sha

On one occasion Mr. Maher had An Eye Witness.

spoken to him about, wireless sets, he Miss Marie Leonard, age 11, who and Mr. Maher remarked that lived in the same house as Mr. could put Mr. Blok in his pocket" Blok, said that anw Mr. with regard to knowledge of radio. Botelho strike Mr. Blok, and as On another occasion Mr. Maber Mr. Blok had his face over Mr. said to him "I did something. He Botelho's shoulder, Mr. Maher came won't be able to hear any more. from behind and punched Mr. Blok Witness in answer to Mr. Rendall in the face."

מס

said that Mr. Blok was not able to hear the loud speaker"

wire" had Christmas night as the been cut...

BARRHEAD, SCOTLAND.

Manufacturers of high grade

SANITARY WARE & FITTINGS

Botelho there was no reiny on Christmas THE JARDINE ENGINEERING CORPORATION, LTD.

William O'Connor, age 14, also living in the same house, said that Mr. d'Almada: Since that date his mother called him out to stop you have avoided the trams and Mr. Blok from arguing with Mr. Mr. d'Almada mentioned that now ride in a 'bus?

Botelho. He saw Mr. Witness replied that the buses standing at his door and saying night, Mr.. Rendall replied that were convenient and faster for him something to Mr. Blok who was there were other station to listen in in his travelling.

standing across the corridor of his to. terselangoroom The hiringangscaflowned anti

(Vontinued an next Column.) Tuesday, January 21 at 2.15 p.m.

madi grudge against the trims 7-No.

(Incorporated under the Companies Ordinances of Hong Kong)

HONG KONG.