1931-06-05 — Page 7

HONG KONG DAILY PRESS, FRIDAY, JUNE 5, 1931.

DISASTER DUE TO ABNORMAL RAINFALL. SELF-DEFENCE PLEA HOW STAMP FORGERS ARE HONG KONG STOCK

JURY'S VERDICT, AND FINDINGS IN TRAIN SMASH

INQUIRY.

PRAISE FOR WILLING HELPERS: PRESENT RAILWAY SYSTEM SATISFACTORY.

Tho special jury which ant with Mr. FW Hamilton as Coroner at the Kowloon Magistracy to conduct an inquiry into the Railway disaster between Shatin and Taipo which occurred on the afternoon of April 20, 1931, returned their findings yesterday?",

The immediate cause of the disaster, was attributed to the ́abnormal rainfall which resulted in the collapse of the railway em-

bankment.

A number of recommendations were made by the jury who also took the opportunity to place on record the spl did work doss by Dr. Smalley, Dr. Farr and Mr. Arculli.

The actual inquiry, it will be recalled, was into the cause of the death of a Chinese woman. The full text of the jury's finding is as follows:-

NEW MEASURES RECOMMENDED.

We return a verdict of accidental, death due to injuries received in the derailment on train No. 10, which left Shumchun for Kowloon at 4.39 pim. on Monday, April 20, 1931, and that the cause of death was naphyxin caused by some heavy weight pressing on the front of the body preventing the lungs from ex- panding,

Morale of High Standard. The morale of the Railway officials on the unfortunate train evidently reached a high standard, and special mention must be made of the guard, who acted very coolly and promptly in his endeavour to send a message for assistance, in addition to which he excrried out his duties by placing detonators at intervals on both sides of the derailed train,

The first aid work of the Railway Company's employees appear to

FAILS.

SOLDIER SENTENCED BY MAGISTRATE.

HUNDRED DOLLARS OR SIX

WEEKS.

TRAPPED

CHINESE NAVAL CADET AS INFORMER.

An interesting account of how the nge informers for the police engage purpose of trapping forgers of Hong Kong revenue stampi was given 'when the case, in which two. The case, in which Priveto Brain Chinese are charged with the and James, of the South Wales

rossession of 240 810 stamps, pró- Borderers, wore charged with caus-ceeded before" Mr. W. Schofield ing grievous bodily harm to a Chinese detective, was concluded at Central Magistracy yesterday, when Private Brain was fined $100, or, in default, six weeks' Eard labour, while Private James was discharg ed.

yesterday.

At the opening hearing, one of the informers, a young Chinese, gave evidence of how he

met the defon- dants and how they were caught at the Kum Toi Hotel, Yaumati, by the police.

When the case wds resumed he. was cross-examined by Mr. F. C. E. Rendall and Mr. Hinshing Lo, who are appearing for the first and second defendants, respectively.

MARKET.

CROUCHER & CO.S DAILY REPORT.

The market is practically lifeless with hardly any demand for any counter.

Dairy Farma are offering at $30.30

Cements, after busincas at 822

August, weakened to $21.65, nt

which rate there are a few buyers.

There was no business in Ropes, Watsons or Trama,

Ewon strongthened to Tis. 13.70. Hotels were sold to Shanghai at

817,50

Chins Lights weakened, to $27.26 sellors. Electrics are 883.25, and Star Ferries 06.78 buyers..

Lands came to business at 808.78 August.

It will be recalled that a Chinese detective was sent to the Govern ment Civil Hospital following the assault and for a time it was feared he would suffer from loss of memory Evidence, however, was given by

The witness said he was studying Dr. Newton in the couras of the at the naval academy at Canton, case which showed that the loss of until his arrival in the Colony memory related only to circum-recently, He was introduced to stances in connection with the as- Lam by the police, and Lam in his sau. The doctor added that this turn introduced him to the first Y.W.CA CONCERTS.

was not an uncommon occurrence.

Question, of Half-defence. Addressing Mr. Williams yester day, Mr. T. Murphy, Assistant Superintendent of Police, who pro secuted, stated that the defence had raised the question of self-defence. Mr. Murphy cited authorities to show that self-defence in its proper

At the close Unions are wanted at.$820 with sales at 8625.

Banks in London are at £103. June 4, p.m.

IN AID OF CAMP FUND.

who broached the question of stamps, handing him an envelope with the remark: You can pay

The Young Women's Christian me after you have seen the stamps.

Witness was questioned regarding Association is presenting concerts at the Theatre Royal at 8pm. what took place at the meeting with the accused at the Kum Toi Hotel, to-day and to-morrow. The follow- when the police, who remained ining are the programmes:

We find that the derailment which took place about 5.10 p.m. on April 20 'was due to the collapse of the have been excellent, and reflects sense would mean that a person first concealment in an adjacent room,

great credit on their mentors, the St. John's Ambulance Brigade Over-

scas.

railway embankment between bridge 22 and tunnel No. 3. The damage to the permanent way was un- doubtedly caused by a tremendous

1.The jury recommend that in head of water coming down, the stream and overflowing the divert-addition to the diverting wall being raised, the bottleneck above the ing wall into the old course of the

waterfall should bo widened thus waterfall, which is situated just

onsuring a quicker overflow, "and a' above that part of the lino where

direct fall of water into the pool

the accident took place, thus under mining the railway track at that point.

retreated as far as was possible be- fore he turned round and defended himself by attacking, his opponent. He said that in the case of the defendants there was no question of retreat even according to their own evidence

Mr. Murphy went on to say that from the evidence it was clear that the defendants started the trouble. below,

2-That the railway embankment Ho submitted that the woman, Chan at the scone of the accident shoulding, who gaye evidence, did so be pitched on the land side with straightforwardly and she clearly stone set in cement, and the cut implicated the first defendant. running alongside same he, wideo- ed

We find that this sudden and extraordinary rush of water was the result of the very, abnomal, in fact unprecedented rainfall in the valleys above, many inches of rain

"Strengthening Embankments. falling within a very short period of time, the downfall practically 3-The jury are strongly of the amounting to a cloudburst, resulting opinion that the Railway Company in a sharp riso in the stream clearly should thoroughly investigate the indicated by an examination of its necessity or otherwise of strengthen banks. This rise in the water leveling the railway embankment was considerably assisted by the bridges, etc., at other places subject previous day's heavy rains.

to action by fresh and/or salt water,

Satisfactory Co-operation.

The Aud that the co-operation between the Railway, Police, Fire Brigade and Medical officials was entirely satisfactory, and represen- tatives of these departments were promptly on the scene of the acci- dant.

...

That electric torches be car ried in first aid boxes and included in emergency equipment.

"5.-Hack twa to be carried on all trains, and that one of the emergency jacks be carried in the brake van,

-That a supplementary supply

of breakdown gear be kept advisedly say at Taipo.

In making the above recommenda tions the jury are aware of the

Bary.

Mr. Murphy went on to say that originally three Europeans in plain clothes were on the scene. He ask ed why the third, European, Private Booth, had not been called to testify in favour of the defendants.

Touching upon the question of losa of memory on the part of the de tective, Mr. Murphy pointed out to the Court that such a case was not uncommon according to the medical evidence and he wished to impress upon his Worship's mind that the loss of memory was gonuine.

Intervention Justified. Continuing, Mr. Murphy said that assuming for a moment that the story told by Private Brain was true; that he did accost. a Chinese girl in Peddar Stroot and that, on

sprang their trap.

Further questions were put to the witness after which the vase was. adjourned.

RESCINDED!

MUZZLING ORDER FOR DOGS.

We have been unofficially in- formed that the inteźling order for dogs has been rescinded.

where no drinks were served. The

European Sergeant in the Charge Room stated that both men were sobor. If his Worship believed the police, it would mean that, these two perfectly sober men, for no. reason whatever, suddenly decided to assault the detective.

The discrepancies in the evidenco given by the prosecution were, then discussed in detail by Mr. Evant.

defence was one of self-defence"

Regarding the suggestion that the ́

Wo find that the Railway Com financial stringency at present ob failing to come to terms, he tried Mr. Evans said: I don't think Mr. pany's system for patrolling and in-taining in the Colony but feel sure to retain her by force, if the de-Murphy is quite right there. I don't that under the circumstances the tective did intervene in such circum- think we have pleaded self-defence. specting the line is a good one, and Government will see its way to pro-stances, Mr. Murphy asked his Wor- What we have ploaded is that this that those duties are carried out in vide funds for such work and equip a thorough and efficient manner. ment as may be considered neces-

Where so many did such heroic and, useful rescue and first aid work under most difficult and at times dangerous conditions, it would be superfluous to single out individuals, would forward a copy of the de allegation that the detective on the injured detective which went

Coroner's Remarks,

Mr Hamilton, addressing the jury, said that he agreed almost entirely with their verdict, and

ship to say that such intervention was in retalliation for an assault was thoroughly justified since 4 and in doing so you are entitled to helpless woman was being held up use so much force as is necessary in the highway, en

to prevent a recurrence." He point- Mr. Murphy asked his Worshiped out that the medical evidence to dismiss as highly improbable the showed that there were no bruises

...

came

but we are of the opinion that it positions and their verdict to the up and violently pushed the soldier would be only right that the Government. With regard to their away from the girl. "I have never splendid services rendered by Dr.remarks about the St. John's Am-

bulance Brigade and the training of in the course of my Lwenty years Smalley, and all those associated

the staff of the Railway, he under with the Force known of case with him should be placed on re-stood that they referred in actual where one of our Chinese detectives bord.

Dr. Farr, who was on the fact to Dr. Covey.

He thanked them personally, very. | have interfered unnecessarily with spot early, deserves every credit for heartily for the tremendous amount any European whether in uniform aumming up the situation, and act of work they had put into the case, or out of it." Mr. Murphy felt sure ing promptly. Mr. Arculli also gave and for the very pleasant way in that the Beagh would have no dif: which they had co-operated with most invaluable assistance in remove him, which had made his task a com.ficulty in coming to the decision that ing the injured in his motor car. paratively simple one,

the first defendant, at any rate,

AN OLD OFFENDER,

to show that even it blows were struck, such blows were both light and few in number, d

His Worship, in convicting Private fed that at least one witness for Brain; said that he was quite salis. the prosecution gave an impartial account of what happened and that was the woman Chan Ying The blow struck by the first defondant was an unlawful blow and he must,

therefore, stand by the consequence of his act Had the man died be would have had to face a charge of manslaughter stron

à Man"

Good

attacked the detective and that such attack was unwarranted and unpro voked. I would ask your Worship His Worship felt satisfied that to. tako a very serious view of the to make a search in the pawn shops case and in the event of a convic. the blow could not have been a when they ran into a man carrying tion I ask that the option of a fine heavy one but nevertheless the de- fendant must stand by the consc.: should not be given. a parcel under his arm. The de- Mr. B. D. Evans, for the defence, quences. It was unfortunate in that CAUGHT WITH THE SPOILS tective's suspicion was aroused and pointed out to the Bench the reit resulted in such a serious sequel

on searching the man, the parcel markable divergence of the bald for the detective. Taui Choung Wing, of 459, Hen- was found to contain Toni's belong told by various witnesses on both The record of Private Brain was supplied by an officer of the Regi nessey fiend, was surprised to findings. Under pressure, the man took night of May 3 on the meat, to the Court: The officer said that bis flat had been burgled when them to an empty flat in one of the If your Worship believes the that Brain had given no trouble he went home late on Monday night, many buildings now being put up police said Mr. Evans, then it whatever and that he was a "very

would mean that you are going to good man The reason was that the door had on the reclamation and there they believe that two British soldiers in Carelessly been. left ajar and the found the fan and other articles.tirely unwarranted

and brutal When brought before Mr. Alchor assault on a Chinees detective

Both Men Bober feld, the man admitted the charge

intruder walked in and made a selection from the property included.

jacket and an electric fan,

He then went to make report at ths Wanchai Police Station: was on his way, with a

aides as to what

FRIDAY,

Part I "An Evening Camp Fire

1. Introducing the Campers

2, Hawaiian Music-Mr... Char

Tak Kwong and Playera.

3, Wandering Street Singers

Mrs. Yung and Miss Thong

Song of the Drum and g Fisherman'a Song

4. Gypsy Dangers Pupils of Missen O'Keefe and Henderson

3, Slumber Dance-Miss Eunice

Pon

6, Song-Lullaby

Taps

Part 11. Scottish Sword-danco-

Kowloon Dock dancers and Pipe-Major Mackie

Part

Messrs. Wintam and True will

damage the Pianos Dancing Display-Pupils of Misses O'Keefe and Hepdor.

་ ་

B01

Chinese Music "Conversation Between a Fisherman and a Woodsman."

Ching Mo Athletic Association

Orchestra..

An Episode in Ancient Chinese History—"King Tai Shun," presented by the Wa. Kwong Club of Yeung Chung Girls School...

III, Stringed Quartette-Mies Braga, and Players

Dancing Display-Pupils of Misses O'Keefe and Hender- son Wade Wh

Messrs. Winram and True will

ruin the Pianos,

A Muddle-Headed "Hero" one not play presented by the Y.W.C.A. Dramatic Club.

SATURDAY EVENING..

Part I. "An Evening Camp Fire."

1, Introducing the Campers. 2, Hawaiian Music-Mr. Chan

Tak Kwong and Players

3, Wandering Street Singera

Mrs. Yung and Miss Tseng. A Song of the Drum and Goog Fisherman's Song.

4, Gypsy Dancers Pupils of Miss Viole Capell, Miss Ellen Ford, Miss S. Ho, Miss P. Gittens, Misa H. Ho

⠀5, "'Awakoning of Spring?-

Dance-Miss Corrine Quin.

6 Bong-Lullaby."

Part II, Male Voice Chair" Ist.

Taps

Bn, South Wales Borderers (by

*

w kind permission of Lieut.-Col B. F. Gross, D.S:0,) Conduc tor, Mr. J. L. Gocks, A.D,C.M. Randmaster. M s-Part Song-Comrades in

Arms A b--Song of the Vikings.

2, Tap Dance--Miss Ellen Ford and P. Gittens, Pupils of Miss Capella

3, Mr. Li Chor-chi Songs a-La Berenata (Tosti):

Berenata de Toselli accompanied by Mr. Geo! Grimble and violin obbligato by Mr. P. B: Tan Chinese Music-Ching Mo Ath

-letio Assquistion Orchestra.. An Episode froon Ancient Chi nese History "King Tai Shun, presented by Wa

·Kwong Club of Young Chung School, P

His Worship in imposing o pointed out that although the that no option be allowed yok on the strength of defendant's good character and by reason of the fact that he did not realise the feriötä ( and on it being stated that he was Mr. Evans printed out that the effect the blow would have, the defendants were both at the would give the option of a fine. The Y.M.C.A between 8.30 and 10.30 second defendant, Private James, as

(Continued on next Column) za stated above - was discharged,"

Peddor, Street committed an en fine of unrosecution asked Part III. "Male Voice Choir-Ist

and an old offender, he was given three tective, months' imprisonment.

Ba. South Wales Borderarmi

Woah Air

b—A Sailor's Chorus, Pas-Beul-Dance, Misa Holon

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