1933-05-09 — Page 7

HONG KONG DAILY PRESS, TUESDAY, MAY 9, 1933

Tragic Death Of Young Schoolmistress

VERDICT OF

TURE

DEATH BY MISADVEN-

RETURNED

Driver Cleared of Serious Accusations by Deceased Counsel's Speeches and Coroner's Summing up

verdict of Death by Misadventure" was returned by the jury at Central Magistracy yesterday at the Coroner's enquiry into the death of Yeung Wai Li, a young schoolmistress who was fatally injured in a motor crash in Victoria Road on the afternoon of March 11.". No less than nine hearings were taken to complete. the enquiry, and considerable Interest evinced amongst the Chinese as was evident by the large crowd in the Court yesterday.

The deceased was "Joy riding" with her younger sister and Kwok Hung Ei, the driver, at the time of the accident, and serious allegations were made by the deceased herself just before her death and by her sister to the effect that the driver had deliberate- ly tried to kill them."

The feeling was so strong against the driver that at the outset of the enquiry, the Coroner warned the jury not to be misled by other persons, and indicated that possibly a grave charge arising out of. this enquiry would be preferred against the driver.

Mr. W. Schofield sat as Coroner, assisted by a jury comprised of Messrs. C. F. Andrews (foreman), Wong Ping Kwan and Tsoi Nai Ming.

Mr. Hin Shing Lo appeared for Kwok Hung Ki, and the owner of the car, was reprearuted by Mr. R. A. Wadeson. Inspec- tor C. F. Alexander watched the case on behalf of the Polien.

7

SEARCHING ANALYSIS OF EVIDENCE

The Coroner: We have now finish

d the whole of the evidence ?

Inspector Alexander: That is so, your Worship.

The Drivers Defence."

The Coroner (to Mr. Lo): Would you like to address the Court?

The Insurance.

Continuing Mr. Wadeson', said that the statements made by the "deceased and her sister asemed to him to be fantastic, because, the driver hitself was in the cant the time, It had been suggested by several witnesses that the car was going at a speed of 10 miles an hour, but acording to the evidence given by the police, the maximum speed one could safely drive at such a place was 25 miles. If the driver had driven 40 miles. ns alleged, the

must have lost control before it plunged down into the hillside.

COP

The driver had stated that the cause of the accident was due to n pedestrian who was wearing a suit similar to a Dairy Farm's work

| MAIL.

TO-MORROW'S

COUNCIL MEETING

SEVERAL IMPORTANT

BILLS

The next meeting of the Legia. lative Council will be on Thursday, May 11, and among other business, the Attorney General will move. Tut the rules dated the 27th day of April, 1933, made by the Chief Justice, ler section 10 of the Criminal Procedure Ordinance, 1809; as enacted by the Criminal Proce dure Amendment Ordinanca, 1930, bo upproved.

Other business to come before the The jury had visited the Council will be the first reading of scene of the accident where there "A Bill to make provision for were usually quite a number of mea licensing, permitting, regulating and putting grass Besides that it seem-controlling the special services ed to be place where the workmen known as teleprinting., teletyping of the Dairy Farin were, usually and telephotography," and also "A to be seen.

Bill to amend the Divorce Ordin- There lad been no motive suggest-ance, 1932," and "A Bill to amend ed, na nocarding to the evidence, and consolidate the law relating to the driver was on friendly terms the Hong Kong Volunteer Defence with the girls right up to the mo- Corps." ment of the accident..

Although the driver had increased his insurance from $1,000 to $3,000- only a few days before the accident, he had stated he was in a better financial position when he did it. Besides professional motor drivers usually insured themselves.

The Summing-up.

In summing-up, the Coroner,

.

said:

Gentlemen of the jury-You have heard the evidence and the state ments of Kwok Hung Ki and the sister of the deceased. It is for you to decide which of them you believe

I

?

SWIMMING POOL FOR SWATOW

A LEAD TO HONG KONG!

FLOOD AND BANDITS -IN HONAN

BIG DRIVE AGAINST REDS

(From Our Own Correspondent)

Kaifeng, April 18. Statistics compiled by the pro- that the number of higher primary vincial educational ministry show schools in Honan totals 027 with 87,340 students of whom 77,740 are boys and the remaining 0,600 ara girls. These are taught by 4,705 teachers of whom 4,355 are men and 440 are women. The annual ex- penditure is $1,384,469,

On April 4, more than twenty 11 of the Yellow River bank in Meng- tain hsien in west Honan, was washed away. As a result, several thousands of mow of wheat-field were damaged and a large number of houses collapsed.

The Communists. According to local military, au thorities, about 200 square li ia Kwangshan hsien on the Henan Hupeh border, is now occupied by Communista. They number over 10,000 and their suppression is be ing argently requested by the local people there.--. |

ting on instructions from the chief bandit-suppression headquar ters for Hogan-Hupeh-Anhwei," in Hankow, the provincial govern- ment is to recruit, 300,000 for the in Army in the province for self-defence...

At the 3rd. annual meeting of Gen. Chang Fang, cofmandant the Chung Shan Public Garden of the 20th Route Army, sent; 000 Reoganization Board of Swatuw, picked soldiers to the northern the Chairman, Mr. Fox Chung front and will send some 500 more Shum, proposed that an open-air later. Acting on instructions from swinuming pool be built in the the Minister of War, the eth Bear garden.

Hospital is to be established in Kunghsion and the 7th Rear Hos nan the 10th Rear Hospital is to carried un-pital in Yeahsih; both in west Ho

be in Changte, in north Honan. and the 11th Rear Hospital will be established in Chengehow on the junction of the Pingban and Lung- hai Railways.

The proposal was animously, and three of the com- nittee, Messrs. Wong Ting Yue, Pang Shiu Yin and Lam Yue Sun, were appointed to manage the affair.

It is expected that the work will commence very shortly.

Referring to the insurance taken or whether sither can be accepted: out by his client, Mr. Lo said: I In considering this question think the jury would be right in would remind you first of the in returning A verdict of murder dependent evidence of Dr. To's against my client if they believe houseboy who witnessed the accident the dying doclaration, coupled and is positive that nobody was on with the statement made by her the road ahead of the car. Second, Mr. Lo: I appreciate the op. younger sister, Yeung Wai Yuk. there is the Police evidence as to portunity. May it please you, Sir.

If the jury accept these statements 20 miles per hour being the highest quite realise this is an inquest it is a matter of grave suspicion speed at which that corner can be where direction to the jury and that the driver insured himself a safely rounded, and the absence of lew days before, the accident. I comments on the evidence are mat- I think, if this case can be put be-earth at its side. Third, there are by Yeung Wai Yuk is not borne out]

skid marks on the road and the evidence of excessive speed given ters exclusive to your Worshipfore the jury, they might be justi. the statements made by the deceased by the first witness who states the

free man.

First about the reports of the profed in returning a verdict of mur-

after the accident to Dr. To's ceedings in the English and Chinese Pross. They appear to be correct, der. In that respect I submit either house boy to her two uncles and but without some explanation I fear a verdict of murder or of accident. to the Police. These were made in they might be easily misunderstood. There can be no verdict of ran the absence of the man against In these reports, mention has been slaughter in this case. In other whom they were directed by gravely cases of similar nature if that kind injured persons and in two cases made of the criminal trial on which of statement is excluded, the exto near relations. They are evidence my client stood in another Court clusion will seriously affect the re- I wish to avail myself of this of mining part of the case. The jury at the time, but should be weighed of the belief existing in her mind portunity of saying that the facts brought out at this inquest have no dence in correct, whether be swerved the light of Yeung Wai Yuk's state may say that if the driver's evi-with the greatest caution and in relation whatsoever with those of the other case.

In fact the car into avoid a pedestrian or whether ment that Kwok and she and her this inquest has no connection with that part of the road, there must and had apparently quarelled not he drove at forty miles an hour on sister were not on the best of perma the other concerning which mybe some skid marks, and yet accord- long before. client is charged. The drivering to Inspector Alexander's evi- Kwok, has never been arrested or fence there are no skil parks. But using a friend's motor car, and The circumstances that Kwok was detained in connection with this in- we have to consider the matter of that only nine days before insured quest, and he attended the Court as time and the nature of the road his life for 26,000 should not be Perhaps the jury may ask Why regarded as necessarily significent. 1 wish to make several observa did the man insure himself a few He was on ordinary good terms tions in regard to this inquest. days before the accident? It raises with the friend, and life insurance First of all I wish to remind the grave, suspicion but that is not for a professional chauffeur is an jury regarding the admissibility of enough. The man had insur-act of common prudence. He has the evidence heard in this case. હતું himself previous to the given an explanation of its increase There had been certain allegations | accident, It is true he insured to 88,000 which seems to me reason- made against my client. These no only For $1,000 at that time, but he able. A further test of the truth- cusations, whether they were made has given the reason to your Wor- fulness of the girl Young Wai Yuk by the dead sister or by Yeung Waishin as to why be increased it to and Kwok Hung Ki is provided by Yuk, are large based on the dying | 85.000 just a few days before the the statements of third parties re- declaration. I submit that the ccident he was in a better finan-garding the gossip over the girls'

dying declaration," which in the cial positione

characters. Mok Taz But. denies gist of the allegations against my In conclusion Mr. E said: gossiping Kwong says deceased client, is inadmissible. In order to There was no doubt that the complained to him of Mok's gossip be admissible it must be produced driver was on very good terms with ing. The girl declares Kwok was in writing. The questions by the the younger sister, Yeung Wai Yuk, the gossip, and Kwok agrees with questioner and the answers by the The girl had very good reason to Kwong that the girla considered declarant must be completely taken deny this, not that she was a girl Mok as the offender. On the other down in writing.

of bad character, but any Chinese hand Kwok's evidence is not con- The Coroner: You mean a “dying girl in her position would natural-firmed by. La Tee, as to the manner deposition" must be taken down, y say especially in the face in which he borrowed the car, nor A dying declaration" is one made of the Magistrate"] do ano na regards the state of the footbrake. casually to the first hearer.

know him because of him my. There is clear evidence that no one sister lost her life." It was found anything wrong with it until natural that any respectable girl, in the accident. From this it will be her position have told, what may olear that the evidence of both the term, a tissue of lies unless there chief witnesses can only be accept was closer relationship between ed with the greatest caution. them. The driver was an honest out by the way in which he gave an and not liar-this was borne evidence and the way in which your

Mr. Lo: I agree. But I am mak ing this from the point of ite weight.

no

Worship tested him.

How the Car Left the Road, the road is a material point. Did it The angle at which the car left leave the road in a head long plunge

speed was "ordinary.*

In considering whether Kwok in- tended to do what he did, evidence of intention is practically confined

Three questions.

HOME FOR NEEDY WOMEN

PLANNED BY LEADING * LADIES IN CANTON

Canton-Plans, for the opening of

to the assertions of the girls and a home in the city where women will there is no clear evidence of motive, be taught various kinds of handi The circumstantial evidence can be craft by which they will be able to tentional driving over the edge coby explained otherwins than by in-earn their living, are being made number of distinguished ladies rash to say he must have intended La, wife of the president of the Sun that in my opinion it would be very in the city, including Mrs. Chou

Yat Sen University and Mrs. Taia to drive down the hillside.

Ying Chou, wife of the Commis- sioner of Education.

The organizers of the proposed is necessary to answer three ques-peed in the city in these days of Having considered the evidence it industrial home feel that it will fill

tions:-

general depression by training wo- men who will not be burdeng to their homes but will be helpers in- stead. Women of the poorer classes only will be admitted into the home where courses branches of trade suitable for wo- will be given in men, such as tailoring and dyeing, and in domestic sciences. As these women will generally be illiterates courses in the Chinese language and dementary mathematics will be given them at the same time.

(1) Did Kwok drive the car over the edge of the road intentionally and for a criminal purpose?

(2) If the answer is No" did he.drive in a manner indicating criminal recklessness and disregard

for human life 7

(3) If the answer to the second question is also "No" did he drive in a careless or negligent manner deserving of censure 7

Madam Chin Yin Shu has 'donat. ed to the organizers a piece of is "Yes" the verdict should be in the northern outskirts of the eity, If the answer to the first question vacant land at Tang Fung Road, one of wilful murder of the deceased of an approximate area of 80 ching. by Kwok Hung Ki. To prove our The site has been found most suit- der, intention either to kill or to able for the building of the proposed he meant for instance to kill himing drawn. An anneal will won commit orime must be proved. If home. plans for which are now be.

self by driving as he did and in he made to the public for contribu

deing killed the deceased his tions to enable the home to be act would be murder.

operated at an early date-Canton Gazette.

If the answer to the second ques tion is "Yes" your verdict should be one of manslaughter of decessed by Kwak. To prove manslaughter grom and culpable want of urinary care such as to be deserving of punishment or a reckless disregard

of judgment is not enough to justify mere ordinary negligence or error of safety, for life must be proved;

such a verdict.

TRADE DEPRESSION IN SUN FUNG

MEETING CALLED TO SOLVE QUESTION.

P

Latest reports to hand state that for the past few years, trade in

Continuing, Mr. Lo said: In this case, if Sergeant O'Donovan's wis the fact that both questions and dence is correct, there still remains answers have not been produced in writing. Therefore théré fo chance of finding out how much the When a girl of fighty tempera- angles to the road or did it travel down the bill almost 'at right deceased had been led. The actual ment gets hold of a man of the in such a

If the answer to the third ques Sun Fang District of Wai Chow words alleged to have been said have driver's class who can get the use wheels ran

manner that it left tion is "Yes" and you consider has been exceedingly dull and as heen given by memory. The seed of any number of ears. I think forging the car off the road and to Kwok then an error of Judgment to close their doors.

over the edge first that no greater blame is attributablu | a result over thirty shops have had point is that the dying, declaration anything may happen." was taken in the absence of the

causing it to roll over Inspection or some carelessness in driving your The District Magistrate, Mr. Mr. Lo concluded by asking the of the scene makes the latter sugverdies should be one of death by Wong Ping Kwan, in an attempt driver who may be the socused per Cormer to direct the jury to re- gestion to my mind, absolutely misadventure, and a rider censuring to get to the bottom of this has son if the jury retumed, a verdict turn a verdict of accident and said impossible. Another explanation the driver may be added. against him. My learned friend,No one regrets this accident more therefore must be found

called a meeting of business-men || Either

| which will be held in the District Mr. Wadeson, pointed out in his than my client."

Kwok intentionally drove the car whatever is to be attached to the

you. consider that no blame Educational Institute.. eross-examination that the feciora

It is understood that every over the edge of he drove in such driver I suggest that a rider to Commercial Union will and dol a manner sa to lost control while turning the corner. This might be that affect should in view of the gates to the meeting which will

serious allegations made be open on the 10th, instans. very

tion was made in, the absence of

Mr. Wadeson's Reply.

the driver, and therefore he had

Mr. Wadeson then addressed the

THE VERDCIT

ho opportunity of cross-examining Court and said that, first of all, either because his speed was exces added to your vardist the declarant. Another point is he wished to remind the jury of sive as stated by both Yeung Wai that there is no evidence that it the seriousness of the enquiry. In Yuk and deceased or because he was made by the declarant under the course of the proceedings he was talking to the girls or because the influence expedition of death had noticed that the father and the he fell into a dreamy state, and After retiring for about, fifteen or pain."

relatives of the girl did not seem failed to realice where he was go Mr. To then dealt with the to bake the serious view one woulding and went over the edge. Tminutes, the jury returned the fol various principles of law upon have expected. The jury were the this is by no means impossible, is death of Yeung Wai I4 was due to lowing verdict: We find that the wich declarations of this kind were judges of the facts of the case, and shown by the evidente in certain Misadventure." not generally admitted In this the best way, in his opinion, to cases that have come before me, 11 case, he said, the girl might be approach the matter first was to would also draw your attention to actuated by spito or influenced by realise that it was & death enquiry, the expression of the first witness-- any rider ↑ pain, or having gained the wrong There were three points for them I saw the car suddenly dashed impression of her sister's relation to consider. First whether the ade this might possibly indicate 100 ship with the driver, Even if Ber-driver had deliberately driven the that Kwok, finding he was heading gebat O'Donovan had faithfully re-car over. Second: whether the wrong put his foot on the scostera-

The Coroner then Expressed on ported the dying declaration," it driver had any care for the lives for in mistake for the brake. I behalf of the Court and himself was of no value and of very little of the girls; and faird: whether it make these suggestions because the sympathy. with the relatives of the 'weight.

was a pure accident."

(Continued on neat Column)

The Caroner: You are not adding

The Foreman: No! Only death by misadventure.

doceased.

LOSS TO THE C.P.S. "DEATH" OF ME, W. A.

WAINWRIGHT.

Yesterday the Canadian Pacific mory of Mr. W. A. Wainwright, flags were flying half-mast in me

who passed away suddenly Sunday morning, May 7, at Montreal.

Mr. Wainwright was the Assistant to the Chairman of the Canadian Pacific Steamships.

His passing is a great loss to the transportation world, where he was well-known and respected by S

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