1933-06-20 — Page 7

:

HONG KONG DAILY PRESS, TUESDAY, JUNE 20, 1933,

MR. H. P. BAILEY FINED $350

SEQUEL TO SERIOUS ACCIDENT IN

QUEEN'S ROAD

EYESIGHT ABNORMAL AFTER USING

FLOODLIGHT APPERATUS

The fact that the Bailey case had created widespread interest was emphasized by the large number of Europeans who were pre- sent at Central Magistracy yesterday when the case came up for bearing before Mr. W. Schofield.

It will be recalled that Mr. H. P. Bailey, an electrical en- gineer employed by the General Electric Co., was driving his motor car along Queen's Road on the night of May 25, last, when he collided with a tickshaw on which Mrs. Landau was riding. The lady was thrown out of the rickshaw and was sent to the Govern ment Civil Hospital in a serious" condition. The poolis, however, escaped with minor injuries while the vehicle was only slightly damaged.

As a result of the accident, charges of (a) dangerous driving; (b) falling to stop after an accident; and (c) failing to report an accident, were brought against Mr. Bailey who was fined $200, $100 and $50 on the three charges respectively.

Mr. D. Brittain. Evans appeared for the defence and he plead, i ed guilty on all counts. Inspector G. F. Alexander prosecuted while Mr. C. D'Almada held a watching brief on behalf of Mrs. Landau. Mr. T. H. King, Deputy Superintendent of Police, was

also in Court.

DEFENDING SOLICITOR'S

EXPLANATION

OF THE MISHAP

Mr. Evans: I am going to plead before he left at 0.800.p.n. when he guilty on all three charges and stopped in front of it at a very shall have something to say on the short distance and noticed that each charge of dangerous driving. of the bulbs were functioning cor- Inspector Alexander, in outlin-rectly. He then left and took the ing the case, said:-

9.30 ferry and got in his car in the Praya when he arrived at Haag Soon after 10 p.m. on May 3, Kong, and proceeded at what he fast, motor car No. 2023 was driven thought was a normal pace. towards Queen's. Road up Murray Road. It is alleged at a speed be "In the first place the defendant tween 30 and 10 m.p.h. The car in was extremely tired It was

ex-

Worship will take into considera tion these explanations and also

LIFE SENTENCE PASSED

THE LEGISLATIVE COUNCIL

not suspend his driving licence. Echo of Shooting in the Queries About Release of

City

WOUND-BE ASSASSIN FOUND " GUILTY ***

understand he uses this car very ex- tensively for business purpose` AS his calling, being that of an elec trical engineer, takes him from one end of the Colony to the other at a moment's notice. In addition to that is the fact that he lives in the Ropulse Bay Hotel and bis car is a very convenient form of convey- ance. I ask you Worship to give "The unanimous verdict of the indulgence in view of these ex-jury is that you are guilty of the planations.

first count on the indictment, that of shooting Lo. Wai Keung with intent to murder him. If the bul let had gone another way Lo Wal Keung might have been killed and you would then have had to atand your trial on a murder charge and on the same evidence you would

Mr. Schofield: Is it not the usual practice to use deep, tinted red glasses for such purposes?:

Mr. Evans: Not in that particu- lar case. These glasses are only used for acetylene welding.

Mr. Schofield: I know from my own experience of search lights we have always had to keep red tinted glass on. I should think it would be advisible for any one dealing with such powerful lights to use strong tinted red glasses in the future. Knowing himself to be in such a condition, it might have been much wiser for him to have hired

3 CAT.

*

have been convicted and sentenced to death,” said Acting-Chief- Justice Wood at the Criminal Ses- sions yesterday when he passed sentence of life imprisonment on Chan Hi, who was convicted of attempting to murder Lo Wai Keung, proprietor of a Chinese newspaper at 82 Hollywood Road.

Addressing Mr. Ng. Tak Wing, a prominent local athlete who arreal- Mr. Evans: I should have men-ed the prisoner after a long chase tioned it before but there is in fact in the city, the Chief Justice an explanation for that. The de Said: "I want to say, Mr. Ng fendant thought it was not right Tak Wing, and I am sure the jury for him to leave his car parked on would also wish mao to say so, that the Praya all through the night, you have performed a brilliant He was under the impression that piece of public service by your conduct in effecting this arrest. I thank you."

the car had to be removed.

C&L

кто

Mr. Schofield: It is true that wher

leaves the

It will be recalled that on the one the Paya all night, one is apt night of April 13, at about 8 p.m. to And it removed when one returns Mr. Lo Wai Keung, the proprietor for it, either by natural or other of the Tin Nam Yat Po was shot causes. Certainly it is not advisat near the junction of Lyndhurst able to leave it all night. I take Terrace and Wellington Street. The it there is no suggestion that the scene of the shooting was at 19, defendant bad consumed alcohol be. Lyndhurst Terrace, and it would appear that while Mr. Lo was pro fore the accident.

eneding along the road he noticed that he was being followed. On

Mr. T. H. King: There is no evi dence that he was under the i fluence of drink. There is no evi-looking round he found that he saw a man who was armed with a dence that he had not had a drink, but he had driven from the scene opened fire on him. Mr. Lo ran revolver, and who immediately of the accident to Repulse Bay into a shop, was chased inside and without any further mishap. We do not allege intoxication; we have several more shote were fired at no evidence on that point. But it him, but fortunately without caus

ing him any serious injury. The chased by two constables and Mr. Ng Tak Wing and after lending them a long chase through several streets and by-ways, the prisoner was caught by Mr. Ng who took him to the Police Station.

turning east along Queen's Roadtremely hot, and he did in fact feel is also not alleged that he is would-be assassin was immediately East did not keep to the left but extremely sleepy, and it is part of teetotaler.

took a wide sweep and nearly colony submission that this sleepy feel- Mr. Schofield: It certainly strikes fided with lamp standard. It tog was induced largely by theme that one of these explanations travelled along Queen's Road East glare that he had subjected his eyes is a possible one. Putting aside the for 50 or 60 yards and collided with to. It is a well-known fact that question of his being under the in- 'public rickshaw No. 509. The rick gazing at a bright light for any flucrco of liquor, I cannot under shaw was on its proper side of the length of time does induce sleepistand how defendant could have road, and the front left side of the mess and that is emphasised by the driven on without taking notice of Car collided with the right rear ond fact that hypnotists always use of the rickshaw. A European lady bright lights to induce sleepiness. in the rickshaw was thrown to the

"I may mention that after duty ground and rather seriously injur- that night, he had not had any din ed. The coolie also was thrown toner at all and was on his way back the ground. The car did not stop to Repulse Bay to get some sand but went back to Repulse Bay Hotel wiches, before turning in. The where it was put in the garage.

effect of driving in that state, therefore is no defence, and it is for that reason that" I advised my client to plead guilty. But it is a very possible and probable explana- to how this accident oc tion 25 curred.

Later that night, I went to the hotel and went to defendant's room. He admitted driving the car and said a girl walked into the ear. The number of the car was obtained through some men of the South Wales Borderers and also the rickshaw coolie who got it from passer by. When this car collided with the rickshaw, a lady, Mrs. Vincent, was in Queen's Road, and

she heard the crash and went to the

The other explanation is this. There are two conditions of eye strain or eye affection due to glare. The first is known as adaptation

from light to dark and as your Worship knows, the converse is

the accident.

Mr. King: I cannot offer a de- finite axplanation. It is clear though that the defendant was not unaware that he had hit something. must ask your Worship, to take serious view of his going on with out giving any information to the Police.

Mr. Schofield: What is the evi, dence that he had no knowledge?

Mr. King: The statement that he made to Inspector Alexander when be eaid, "I was driving the car, the girl walked into the car."

Mr. Schofield: That may not be a

reference to the accident.

reference to that night.

Mr. King: It could only be a

kay.

assistance of the injured lady who from dark to light. There is a Mr. Evans: Defendant under was taken to the Dockyard where a period during which you cannot stood from Insp. Alexander that a stretcher was obtained and later she was taken to the Government Civil focus correctly and no amount of lady had been hit, and not know- that. ing how he hit her, he thought it concentration car remove Hospital after having been attended During that period one's eye-sight was the best possible thing he could to by a Navaj surgeon. She was is togged and misty and the period discharged from Hospital on June of adaptation in cases of extreme Mr. Schofield: I should like to 19. and is still under medical at-glare is forty-five minutes. That is compliment Mrs. Vincent in help tention at her house.

the maximum period; the minimuming the injured lady: I think she period might be about 10 minutes. did very well. With regard to the damage to the rickshaw and the in- jury to the coolie, I will make an order serving both.

Mr. Schofield: Is it known de finitely in which part of the road the rickshaw was running!

Insp. Alexander: On the proper side; on the left hand side.

Mr. Schofield then directed that 810 be paid to the owner of the rickshaw for damages and 39 to the

Analysis of certain stains found on the prisoner's bande led to an interesting experiment with the pistol. It was found that the stain contained metallic lead and, on the police firing the revolver at the Kennedy Road Range, similar stains were found on a white glove which encased the hand which fired the shot at the range.

At the Criminal Sessions yester- day, the prisoner at the close of the Crown's case indicated that he had nothing to say.

FOUND NOT GUILTY"

Conflict of Evidence in Stabbing Case

CROWN SOLICITOR'S EXPLANATION

Prisoners

OPIUM REGULATIONS TO

BE AMENDED

At Thursday's meeting of the Legislative Council, the Hon. Mr. R. H. Kotewall, O.M.G., LL.D., 'will ask the following questions:-

ด้

1.-Is it a fact that on account of overcrowding in the Prisons, the Government has sanctioned or contemplates. sanctioning the re- lease of certain prisoners before the expiration of their terms of imprisonment?

2.Will the Government'furnish this Council with comparative figures for the month of May, 1839 and 1933, showing:-

(1) The number of prisoners serv

ing terms in Victoria Gaol and the Laichikok Prison res- pectively.

(3) The number of prisoners serv-

ing terms for

(a) hawking, offences, and (b) other minor offences. (3) The number of juvenile pri

soners, if any.

3. If the comparison reveals an increase in the present number of prisoners, to what cause or cauzes docs the Government attribute such an increase i

The Attorney General to move the first reading of "A Bill to amend the law relating to opium."

The Attorney General will also move the second reading of

"A Bill to amend further the Supreme Court Ordinance, 1873,”

A Bill for the further amend- ment of the Code of Civil Proce- dure."

"A Bill to amend further the Probates. Ordinance, 1807."

"A Bill to make provision for the redemption of the bonds issued under the authority of the Public Works Loan Ordinance, 1927."

Sale of Opium,

The Ordinance to amend the law relating to opium states that no person except the Superintendent or a person appointed by him shall sell or offer or expose for sale any prepared opium.

No person except the Superin- tendent or a person appointed by him under section 10 shall have in his possession more than five taels of prepared opia.

No prepared opium shall be sold or purchased otherwise than for cush.

Except in the case of sales to the Superintendent, no person shall purchase, sell or expose for sale any opium dross,

No person being the owner or oc- cupier of any premises, or having, or acting or assisting in, the man- agement or control thereof, shall knowingly suffer any person to use the same as an opium divan. A

The objects and reasons states that under an agreement signed at Geneva in 1923, His Majesty's Goy- ernment undertook to prohibit the purchase and sale of dross except when the dross is sold to the Mono- poly.

Section 13 of Ordinance No. 7 of The jury returned a unanimous 1939 ng amended by section 4 of verdict of Not Guilty in the Ordinance No. 36 of 1932 did not case in which a Chinese, a former expressly enact this prohibition and District Watchmen named Lau So, apparently authorised sales by the was charged before Mr. Justice Superintendent; though in fact no B. Lindull at the Criminal such sales have ever been made or Sessions yesterday with wounding proposed. Point on Aprii 21. one Li Chuen, a hawker, at West

"I am not including the sentence of imprisonment as I feel sure the Mr. Schofield, who continue that he man), H. E. Fiebig Lo Yuk Tong, explanation was a good one," RAÏú Mesors. R. S. Meadows (fore would not make any order regard-H. Braga, J. Mendham, J. H. ing costs, remarking that that could Hunt, G. A. de Pinna comprised be settled elsewhere,

the jury.AL MORRA

There is a second condition which is popularly called the eclipsed eye. That may be very often an extremely serious matter, as not Was there much damage done to only is there the adaptation perion the rickshaw l-It was not bad but there is actually an injury to coolie for loss of wages. ⠀

the retina of the eye. That injury damaged only to the extent of

maybe extremely temporary, semi- about $10. The coolie was scratch-

permanent ur permanent. It is ed but was not seriously injured. curious fact that if you look at He had to wait for about two or something while in that condition, three days until another rickshaw you don't see the very thing you are was provided.

looking at but do see other things. Addressing the Court, Mr. Evans That, is caused by extreme glare. said:

There is no gaim saying the fact that the defendant did not see "There are two explanatious what he hit. Lam suggesting this which I should like to put before as a possible explanation of why he your Worship as regards this ac did not see the accident. This ex- cident, but before I do ad I wouldplanation can be verified by calling like to mention the activities of

an eye specialist, abould your

the defendant on the day in ques-Worship so desire. Both the ex- tion.

planations are entirely consistent with the fact that defendant drove to Repulse Bay and proceeded to go to bed. He tells me that the im

He is employed by the General Electric Co., and the Empire Fair had started on the day previous to the accident. They were exhibiting pret with the rickshaw was not such an extremely powerful flood light a serious one as to lead him to be and had a candle-power of 750,000 lieve that anything serious had to 1,000,000. Defendant was in happened. And though he now charge of this the previous night realises be should have stopped, he and was on duty at the Fair from failed to do so. Had he any idea 7 p.m. till 9 p.m. He was ab work of the nature of extent of the dam the next morning, at 9 am, and age and injury cared, I am sure. went again at 7 p.m. on the evening your Worship will let me say itera of the accident, remaining there would have been no reason for these

charges. until 9.30 p.m.

During the time he was there, I understand there is no previous he had occasion to step from behind conviction against him in the the light to the front, to satisfy Colony for dangerous driving or himself that each of the nine bulbs any other kind of driving though war functioning correctly. He there was a conviction against him therefore exposed himself to the full for parking outside the Peak glare of this enormous benim. He Hotel am particularly asking did that several times and once that in assessing any penalty, your,

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WEEK ENDING JUNE. 10

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stabbed. In fairness to the secus made a report that he had been | ed it should be said that a whistle was actually taken from him when he was in the Police Station. The complainant's story Mr. H. K. Holmes, Crown Solici they were alone was not borne out tor, who prosecuted, said that many by the Crown case, as witnesses differences would be apparent in

that

the evidence of witnessee for the would state that a detective was Crown. The affair. happened in on the scene.

Second Street, and Li Chuen Was

seriously injured, being stabbed in

Accused's Statement,

the atomach with a small sharp When charged at the Police instrument like a small penknife. Station scoured made" a statement Complainant would state, that they to the effect that it was not be Casen. Deaths were alone when the stabbing took who had cut and wounded Li. He. plece. He would also, state thef himself had been wounded and he the twitted secfised with the remark did not know who had attacked

"You need to squeeze the hawkers | Li

29

and now you have got into trouble At the Magistracy accused said yourself and have lost your job, he struch Li with his fist and that Li retaliated with a blow with an P. Li's story was that hocused

strack him and he retaliated with instrument that looked like a kaila a blow with the Bst, Accused then He had warded off the blow with produced a small sharp instrument his left arm and his coat was torn and stabbed him in the stomach. He then drew back and Li rushed Li ran away shouting" Save Lifest thing and delivered a second and was, dahnite in his statement blow which out accused's right fors fuger He pulled out a whistle that no whistle was blown. Here and blew it and then ran to the was a difference in the Crown evi Police Station to make a report. dence Beveral bth

While he was there Li came in and would sta

ecoused him of stabbing him and blown while the

story Who was then arrested.

that he himself!

Alozandria

ran to a nearby,

(Continued on nex

After hearing the evidence the ury returned a verdict of Not

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