1933-09-07 — Page 7

LORRY DRIVER SENT TO

PRISON

BAD CASE OF DANGEROUS DRIVING

Sequel To Island Road Fatality

Counsel's Address.

evidence

HONG KONG DAILY PRESS, THURSDAY, SEPTEMBER 7, 1933.

TO

THE NEW CHIEF JUSTICE

Mr. A. D. A. Macgregor

Of Kenya"

The Colonial Secretary informs

approve

the

SITUATION IN SINKIANG

Growth Of Russian Influence

The following extractä taken from

Russian Christians.

(The officials

Born in 1883, Mr. Macgregor educated at George Watson's Col-

less station for the graves.) The lege. He is a Bachelor of Arts of a plot of ground near the wire Oxford University and a Master of Russian Baptist sang beautifully at

He the burial service. Arts of Edinburgh University is a Barrister-at-Law of Lincoln's Inn (1909).

JUNIOR T.T. RESULT

Amateur's Fine Time

London, Sept. "5. THE Junior Motor Cycle Tourist Trophy Race open to amateurs

Pirie bumped along at a terrific

tyre.. speed for some miles with a sat

us that a telegram from the Secre "China's Million's" are from let. tary of State for the Coloniestera written early in June, and dis- Intimating that His Majesty has patched to Shanghai by Eurasia was run to-day over the famous been pleased to

which had roached difficult. mountain course in the appointment. of Mr. Alasdair seroplanes,

length. Duncan Artholl Macgregor, Attor-Tihwa (the capital of Sinkiang) Isle of Man which is 228 miles in The race was won by A. Munks ney General, Kenya, to be Chief from Berlin.

The young men have helped very on a velocette machine at 74.14 Justice of Hong Kong in succes- The case in which Lo Lung, a

Mr. Lo then addressed the Masion to Sir Joseph Horsford Kemp, much, nursing day and night. The miles per hour, F. Frith on a Nor- lorry driver, was charged with

Postal Commissioner and his wife ton being second at an average dangerous driving and with carry-gistrate: As regards the charge of K, C.BE

The "Colonial Office List" gives have also been exceedingly kind to speed of 7213 miles per hour, and us, and also the two Governors and Mr. Pirie on a Norton was third ing ten passengers in excess of the dangerous driving Your Worship. proper number concluded at Cen is justified in drawing inference the following particulars of the tral Magistracy yesterday, when from the facts. But I submit that career of the new Chief Justice: the officials, and the Chinese and at 72.09 miles per hour.

whatsoever Mr. Schofield registered convictions; there is no

dan on both counts. The police asked that there was negligent or

gerous driving. From the evidence for a prison sentence and this was

of two or three of these so-called granted.

passengers it appears that when the

During the past few years car was descending the hill it was going at a faster speed than usual.

In March, 1912, he was appoint-large number of Russians have been There are other causes which the prosecntion does not even allege, ed District Commissioner of Southcoming over the border into Sin-

Kulia or Ili. Most of then have Wireless. such as the lorry being over-loaded.Nigeria and in the following year kinng and settling in Tahcheng and From the police point of view there he became assistant secretary at is e complaint that, because the the Colonial Secretary's Office, come in because of persecution in their own country. From among lorry was over-loaded it enhanced South Nigeria In April, 1914, he the risk. There was no suggestion was appointed Station Magistrate these people the late Governor re eruited 2,000 for the defence of the province. The Russians are the only that the driver was incompetest, and on January 1, 1917, he was

people that the rebels are afraid He passed his examination in the appointed police magistrate. same way that the police passod his lorry. So the mere fact that there was a man killed by the ac sident, the gauss of which remains

It will ho recalled that the case arose out of an accident to a lorry on Island Road on Aug. 24, near a Chinese Repnise Hay in which was killed. The driver was origia-" ally charged with manslaughter, but at the suggestion of Inspector!

this Saunders, who prosecuted, charge was withdrawn and the two mentioned were substituted.

Mr. Hin Shing Lu, instructed by Mr. J. M. Hall appeared for the defentiant.

Too Fast.

41

mystery, is not evidence from which Your Worship is compelled

He became Crown Counsellor of South Nigeria in March, 1921, and two years later, in September, 1923, he was raised to the post of Solicitor General.

On July 21 he was appointed

of.

2

The Competitors number 48 and included undergraduates, profes- sional men, tradesmen, mechanics and one man whose daily occupa-

miles

hour. British tion is to drive steam roller at three

per

CLAIM BY DAVID SASSOONS

Sharp Passages Between Counsel

baskets of fresh. fish. While going to infer that defendant must have Attorney General of Trinidad, and place, he asked us if we would assist The hearing was continued yes-

Yuma Hi, one of the passengers, said that on the day of the aceid ent, the lorry was carrying about fourteen passengers and several down the steep road to Repulse Hay, the ferry travelled faster than its usual speed, and witness shout rd to the driver (the defendent) "uot to drive so fast," to which the,

replied, "not fast." crtendant Shortly after he said this, the lorry suddenly overturned, and witness was knocked unconscious,

Chang Tai Yam, another passen ger on the lorry, gave evidence cor

roborating this. He said that

de

}

1

evidence of

General of Kenya, a position which been guilty of negligent driving In 1929 he was made Attorney- submit there is no negligence. Our reasoning of the he has since held. case placed before as is seriously. affected by the moral consideration of the death of a man, but this is not evidence from which you ean punish the driver.

Sergeant Baker, that very fair- minded police officer, has told your Worship that even if the car had travelled at 20 m.p.h. it might not. have overturned. So I think the charge of negligent driving cannot prevail. If there were an inquest and if the jury were properly dir going so fast that he could not seeeted by Your Worship, they would what happened.

2

dant was going down at very fast pace. In answer to His Lordship witness said they

ware

return a verdict of Death by mis-

Mr. Le: Were you all awake in venture, that is the driver would the lorry Ye4.

be exonerated to the extent that he was not guilty of dangerous driv- ing.

You said that when the lorry was descending the hill it appeared to Le going faster. De you mean that it was faster than going uphill

Police, Evidence.

Yes.

Sergeant Baker said that when he arrived at the scene accident he saw that the lorry had

j

As for the charge of overloading submit that my client is also not guilty. I myself know for a that sometimes on

fact

ARMY HARBOUR

RACE

--

Campbell Breaks Record

BORDERERS IN FIRST

The

THREE

Vor

.!

Annual Army Harbour swim took place yesterday morn- ing and was won by Private W. T. these Island Campbell of the South, Wales Bar- Roads coolies creep into lorries derers. af the somehow, and if necessary, my Campbell was in fine form and client will give evidence that he did Anished in the excellent time of overturned at a tad bend about not know there were so many peo-23 mins. 27 sees., breaking his own half a mile from Repulse Bayple on the vehicle till after the record of last year by 1 min. 56 Three people had been taken to accident: but I submit that he has secs. His new record is 70 secs. above the Colony record, put up bospital by the time he got there nothing to explain. and he found six other injured nes sitting by the roadside. When the serud ambulance arrived these people, were also sent to hospital.

Defendant in Box

His Worship disagreed with Mr. Los submission and the defendant was put in the Lox. He said that Witness tried to take the lorry he had "been driving since Febru back to Shaukiwau but when he go to Repulse Bay he found that ary last, but had never driven the there was absolutely no water inity in question before. He des eribed the incidents leading up to the radiator. A police lorry: then the accident, and then said that took it in tow.

In answer to Sub-Inspector Saun- when he got to the bend where the accident occurred he was going at ders witness said that when he got 11 miles per hour. He saw an old to the steep hill at Shaukiwan he

woman walking in the road on the Free-wheeled the vehicle down. The left side. He swerved slightly to lorry was then only controlled by the right to avoid her and the its brakes and witness found these ry suddenly turned over on its to be very good.

Inspector" Saunders. You knɔw how the lorry was loaded at the time of the accident. Do you think it would have been safe for it to be driven round the corner where the accident took place at 15 miles per hour?-Yes.

At Yes, that too. Cross-examining Mr Lo asked witness: Do you go so far as to say that if the lorry had been go- ing at 15 m.p.h. or as there would have been no accident 1-N5.

side.

In answer to His Worship he said that he had oounted eleven passen- gers after the accident. When he luft Stanley there were only three or four and the rest must have jumped in.

It was pointed out in his favour that he was at the scene when the police arrived, although he could have run away.

Mr. Lo then said: There is no evidence that the lorry was going at over 20 m.p.h. There is no Sub-Inspector Saunders then gave doubt that there was swerving-the evidence himself. He said that He previous evidence proves, it. There got to the scene of the accident at is no evidence there was dangerous corroborating driving, although the extraneous about 7.15. After

the circumstances of the ease may force Sergt Baker's evidence as to -place where the accident occurred us to this conclusion.

His Worship. I fail to under- and the removal of the injured to

say: I stand how such a mark as that of hospital, he went on to found the lorry lying on its right 45 feet could have been made by side obliquely across the hill-side any vehicle travelling at 11 m.p.b., half of the road. The rear of the even with that swerte, lorry was at the centre'

of the Prison Sentence asked for rund, and the front within three

Inspector Saunders showed two fret of the hill-side of the road.

previous convictions against de The driver's cat and the covering fendant for minor offences and then to the lorry had been knocked com said: If Your Worship decides to pletely off. I saw a long mark in the rond 15 feet long and about 2 convict I ask for a prison sentence, inches wide. It was at the bend in These drivers do not seem to realise the road and was within six feet that besides endangering their own and in sonte places five feet of the lives they are also a menace to the hill side. The mark was a distinct people who may be coming in the pattern of the right edge of the apposite direction.

His Worship: I shall convict on right rear tyre of the lorry There both charges. Six weeks hard la were also two deep cuti on the road hotir for the first and 10 days for which had been made by the iron the second, hinges on the right side of the lorry tody. I examined the lorry ati Central, Police Station. It had twin rear wheels. The treads of

four rear tyres were good, but, those at the front were smooth. I tested the brakes by allowing the lorry to drift down the slope of Central compound: They

were good and stopped the lorry easily.

NEW CROSS-CHANNEL RECORD

London, Sept. 5. For the second time this year The footbrake acts on all four all records for cross channel air wheels and the hand brakes on the traffic have been broken. rear wheels only.

During August 12,035 prosen Lorry Driver sent to prison(2) ters passed through, the Croydon The lorry was last examined and Airport, an increase of nearly paased fit by me on Aug. 18. 1.000 over the number for July, This concluded the evidence for when a previous record was, es-

tablished British Wireless the prosecution...

was Course

With all this fighting there have been many wounded, and as Dr. Ma is the only Chinese doctor in the hin. We only had to see the men terday before the Acting Chief to realize the tremendous need,

Justice (Mr. J. R. Wood) of the Many needed urgent attention, and

claim by David Sassoon and Co., such attention as only. Dr. Fisch-Ltd., against the Yan On Firm for bacher was able to give, but he $1,910.76. would not undertake the job' unless wa assisted him and did the dres sings. The patients were housed in large rooms, and lying on the. floor amidst dirt and filth. The wounds were horrifying to behold to our inexperienced eyes, and aa some had not been attended to for days, you can realize a little their condition....

Mr. H. G. Sheldon was for plain- tiff and Mr. Duncan McNeill for defendants...

Plaintiffs claim was for non- acceptance and non-payment of goods ordered on contract by de- fendants in 1931, and eventually sold by plaintiffs by public auc- The tion in January this year. amount claimed was the difference between the auction price and contract price plus interest and commission.

During the last couple of months we have had several thousand troops arriving here from Manchuria, sol-

Wong Hok Chi, plaintiff's com- dirrs who had fled before the Japan-pradore, denied under cross-ex- ces and gone into Soviet territory.amination by Mr. McNeill that he They came run by the Siberian had not put the right amounts Railway, and entered Sinkiang from in their "proper places." He also the north.

denied that there had peen mis- appropriation.

On April 13 a change of gan ernment took place. For some time the Russians had been very displeas- ed with the way the late Governor was acting. "The Moslems had said that they would stop fighting if the head of the Governor was given to them. So to end the trouble the Russians attacked the Yamen (Gov. ernor's residence) and captured the

in 1906 by J. Finch. Privates Fulla-Governor. They then took charge ger and Wallace, second and third of the place. The Governor later respectively, also broke the pre- escaped, gathered men together, and attacked the Russians, but he vious record.

The

the from was defeated. The attack made by to the the Governor's men was made early Hallway Pier, Kowloon, rather heavy quite a few of the know what was happening. The R.A.SC. camber, and going being in the morning, and we did not swimmers could not finish the firing seemed to be coming from all The first ten to finlan parts of the city. When daylight course. were:-

came the Russians took the offen Pte. Campbell (S.W.B.) 23.27.0.

sive and the Governor's men were Pte. Fullager (S.W.B.) 24.5.2.

gradually driven back, At 4 o'clock Pte. Wallace (S.W.B.) 24.27.2.

the Governor left and made off to- L/Cpl. Sutherland (S.W.B.).

wards Tahcheng, causing trouble Pte. Smith (S.W.B.).

along the way. The Russians now Gnr. Beazley (R.A.).

have control of things, the Chinese Pte. Lockett (Lincolns),

from Manchuria have been put in Gnr. Mooney (R.A.).

charge of the city, while one of the Pte. Jackson (Lincolns).

local inen has the position of Gov- "L/Cpl Chicker (Lincolns).

H.E. Major-General O. C. Bor-erno, The change has certainly rett, O.C. and Mrs. Borrett, follow- brought peace to this city, and will, wo hope eventually bring peace to the whole province.

41

ed the race in launch and among

the big crowd present was Brig. R. B. Cousens, D.S.O.

A

VICTIMISING THE STRANGERS

WATERFRONT CROOK

SENTENCED.

મ

A Chinese who specialised on victimising country people as they arrived in the Colony from the

river boats was arrested by a dis- trict watchman and brought be- fore Mr. Wynne-Jones yesterday. He was sentenced to two months' The defendant imprisonment. managed to obtain 60 cents from a Hakka newspaper editor.

Complainant and his sister, ar- rived from Swatow by the s.3. Bvale which berthed at the Doug- las Wharf. They hired a coolie to carry the baggage from the whari

Defendant approached them and plied for hire as coolle. He said that it was the custom for "all

That was our hope a month ago; now I am afraid our hopes are dashed to the ground because of fresh trouble. Ma Chong Ing's brother (the Moslem leader in Kansu) has come up from Kansu; one of the military leaders has re- belled the Moslems in. Altai are procuring arins from the Russians and rebelling, also trouble is threa tened again from the people in the south. The Government hero cer- tainly has many difficulties to face.

VERMONT GOES WET

New York, Bept. 6.

It is reported from Montpeller that Vermont, for a long time a staunch stronghold of prohibition, has gone "Wet" by two votes to

one.

None has voted

Tis is the twenty-fifth State to vote "Wet." "Dry."-Reuter.

AMERICAN ACTION

people leaving the wharf to give the Revenue officers 60 cents. The editor refused; and walked on. After they had gone a short-dis- tance, the defendant again accost- ed them, and the lady, in order to

Washington, Bept. 5. avoid trouble gave the money to President Roosevelt has return the defendant. The latter com-ed from his week-end holiday and plained that one of the coins was immediately discussed the Cuban had and the editor changed it. A situation with the State Depart- district watchman on the look-out

ment. for pickpockets arrested the de- fendant,

Two United States, destroyera, the Sturtevant and the McFarland, have reached Cuba and it is be-

After being re-examined by Mr. Sheldon on the accounts Els Lord- ship intimated that he was satis- fled with the evidence on that point.

Mr. McNelll submitted that the amounts set down as the proceeds from Lammert's auction were ac- tually the proceeds of four of the contracts. Mr. McNeill added that his client had been criticised for adopting every possible defence but he wished to point out that his cllent felt very strongly on the matter of the writ of attachment which was obtained against him in January without his having an opportunity to show cause against it. The presence of the balliffs in his house did his credit great harm. Counsel admitted, however, that there was no impropriety in the action taken.

Later in his argument Mr. Mc- Neill alleged that certain papers were withheld by Mr. Wong.

Mr. Sheldon said that this should have been put to the wit- ness to answer.

His Lordship agreed that such a question might have been put.

Mr. McNeill: If I get many more interruptions, I shall get very tired of it and shall cease to conduct the defence.

RAILWAY BUILDING IN JEHOL

JAPANESE ENGINEERS

BUSY

Peiping, Sept 6. The Japanese are planning to improve communications in Jehol as a first step towards tapping the natural resources of the pro- vince. A railroad between Peipiu of and Chengteh-an extension the existing railway to Chinchow is under constraction. Work on be this new line is expected to "completed as far as Pingchuen next month, while the section from Pingchuen to Chengteh may be finished at the end of this year-- Central News Agency.

RIVER FALILNG

Tsinan, Sept. 6. It is anticipated that the food waters in West Shantung which have been gradually receding, will completely disappear in two months.

The river level at Lokuw is steadily dropping-Reuter.

MOSCOW AIR DISASTER

Moscow Bept, 5: Five prominent Soviet ometals Messrs, Butterfield and Swire in-leved that Provent. Roosevelt is connected with aviation, together forms us that the s.s. Diomed. will prepared to send other warships with the wife of one of them, and arrive from Singapore on the 10th if it becomes necessary, in addf- a pilot and a mechanic, were Inst. and the Tyndarens from tion to the four already despatched to-day in an aeroplane crash

near Moscow Beuter. Shanghai on the 9th inst.

ed-Reuter.

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