1933-10-21 — Page 12

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•

INQUEST ON PHILIP DOUGLAS WATERTON

"Death By Misadventure"

NO BLAME ATTACHED TO ANY PERSON

The accident in Castle Peak Road on the 8th inst., in which Philip Douglas Waterton, the five year old son of Mr. and Mrs. D W. Waterton was killed, when a car driven by Mr. J. L. Tetley overturned, was recalled at Kowloon Magistracy yesterday when an enquiry was held into circumstances of his death. The jury was com- posed of Messrs. E. W. Simmonds, foreman, A., A. Alves and H. Overy while Mr. E. I. Wynne-Jones acted as Coroner,

Sub-Inspector Saunders, Officer in charge of traffic. Kowloon, watched the case for the police and Mr. Horace Lo appeared for the Automobile Association and Mr. Tetley.

After a lengthy hearing, in which seven witnesses gave evidence, a verdict of death by misadventure was returned.

Dr. Mackie, who conducted the post-mortem said that externally there were some bruises on the left side of the chest and loin.

..:

There were extensive internal in juries and the causes of death were:~~-

(a) rupture of the kidneys and

the superenial gland (b) suffocation whilst under an-,

aesthetic.

Immediately after the accident Dr. Sousa saw us and he told me that he did not consider young Waterton's injuries to be very serious."

In answer to the Coroner Mr. Tetley said that when he was in the line of three cars he was not going more than 25 miles an hour. Before that he had been travelling faster, probably 35 m.p.h.

Dr. Uttley, in charge of the New "Territories, said that he examined the boy with Dr Court and they were of the opinion that an immediate opera- tion was necessary. The condition of The Coroner When you "starteri the patient was not good, his pulse swerving about were the brakes on or being about 160 when the doctor start-not-No. 1 believe the car would ed the anaesthetic. Just when every bave turned over immediately if 1 had thing was ready for the operation the put the brakes on, .. child was sick and before they could Inspector Saunders: You are certain act he had swallowed some of the that you wounded the born before matter and was suffocated.

overtaking the car? Perfectly car- tain; I repeatedly sounded it. When you started to pass, was the first car in its proper position? It gave me sufficient room to pass but not gen

Dr. Court said that when be exantin- ed the boy, immediately after Dr. Mackie had finished, it would have been a great responsibility not to have examined the abdoinen because if the small gut had been ruptured, as they suspected and an operation was not carried out, he would inevitably have died. As soon as the doctors realised that the patient's breath had stopped all measures of resuscitation were adopted, including an injection of stychnine.

erous.

21, 1933.

did not think that she would have passed if she thought it was risky Porhaps she had more space left her than she imagined at the time, but Mr. Booker was positive that" she could only just get through. As re- gards the question of the sounding of the horn by Mr. Tetley sho said she heard no noise of that descriptich but it was more than" possible that she missed it. Her car was a saloon, although the windows were down and there were six people talking in it.

Measurements

Sub-Inspector Saunders said he went to the scene of the accident on the next day and made measurements,” The place was between the ninth and tenth milestones and was bordered by sidechaunels in some places six ve seven feet deep.

There was a mark on the north side channel forty feet long which had been caused by the right rear wheel of Mr. Tetley's car. He next saw marks ten feet long made by the same wheel after it had left the channel. There were also marka ou the left of the wheel furty-seven feet long made by the left rear wheel. Further ou were marks thirty-seven feet long which had been made by both rear wheels. The overall distance of these marks was 180 feet.

He examined the car and found it badly damaged. Both mudguards were bent, the windscreen was knocked off and the hood appeared to be flat, while the left dickey sent was bent and the left door broken.

Mr. Lo: Would it be safe in your opinion, for a car to be driven fairly fast along that part of the road) —Yes. Would it be dangerous if a wheel get into one of these sidechannels!--Yes, if the car was being driven fairly fast.

Mr. Lo's Submissions. That concluded the evidence of the enquiry and Mr. Lo addressed the jury, He said that he had been instructed by the A. A. to watch the case for them as well as being Mr. Tetley's advocate.

Mr. Wynne Jones remarked that perhaps he bad better confine his remarks to those of Mr. Tetley's adviser.

*

of

Continuing, Mr. Lo said: You will preseritly be asked for your verdict and I think the Coroner will ask you to say how. the death of this un- fortunate boy came about. I propose to speak to you as far as Mr. Tetley's is concerned. In your review of the evidence you will have to see whether Mr. Sousa's car was in the right or wrong. In this case there is some conflict of evidence. Mr. Sousa and Dr. Sousa say there was no horn rounded and Mrs. Booker also says she heard nothing, but Mr. Tetley and Mr. Waterton, have testified that they sounded their horn. I ask you gentle- men to accept the evidence Mr. Tetley and Mr. Waterton on this point, I suggest that the horn was sounded together with that of the first car and therefore not heard. Mr. de Sousa's' Evidence by Dr. and Mr. Sousa. In any case, The Coroner: Would that rupture of

Mr. O. de Sousa, medical student at gentlemen I ask you if you think fit to the kidney necessary be fatal No. the Hongkong University, the driver say that Mr Tetley was in no way to It was a very severe one but not neces of the first car, that is the car which blame for the accident, for whatever Biry fatal

I might add that all was alleged to have suddenly who Tetley is bound to feel the matter the legal responsibility may be, Mír. authorities I subsequently consulted out into the centre of the road, when are unanimous that operation is neces-being overtaken, said he estimated his greatly, as he is a great friend of the sary in cases displaying the symptoms speed at the time of the accident Watertone." found in the boy. I agree with the cause of death as given by Dr. Mackie, second car passed him & horn had The Coroner, then instructed the I was present at the post-mortem. been sounded, witness had pulled to jury: Gentlemen, I think your duty Mr: Tetley's Evidence the left and had waved the car behind is quite simple. This is a death

*

Mr. D. W. Waterton, father of the deceased boy, gave evidenca corrobor ating to Mr... Tetley's except that he said that when the wheel of his car wont into the gutter the car was slightly ahead of the one they were passing.

to

be between 20-25 miles. When, the

The Summing Up

Mr. J. L. Tetley was then called. Heon. When that car End passed witness enquiry and you have heard the

pulled back to the Teft centre of the road and to his surprise saw another car coming on him.” He was not aware that there was another car behind He did not hear it sound its born and he did not signal it to pass. The next thing he knew it had passed him, tig zagged across the road and surped complete someranult. He immediately

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NOTICE CONSIGNEES.

HAMBURG ALERIKA LINIE."

NOTICE TO CONSIGNERS

NOTICE TO CONSIGNEES PENINSULAR AND ORIENTAI. STEAM NAVIGATION Co/s SAME "COMORIN,"

ARRIVED HONG KONG ON 18TH OCT., 1933.

FROM ANTWERP,LONDON,GIBRAL- TAR, MARSEILLES, MALTA, PORT SAID, ADEN, COLOMBO AND STRAITS,

said that on 8th he was proceeding in bis car, a "Ford Roadster No. 106, to wards Castle Peak with Mrs Waterton and young Waterton in the front seat with him, while Mr. Waterton and his wife were in the dicky neat. Conting ing he said: I had followed a car for some considerable distance about five miles and hest, Cheung Wan Village stopped his car and ran up to see what | ant details. It is difficult to say what Ports of call, Conagnews of Cargo me that their Goods are being landed and ̈

we came up with a third car, That is assistance he could render.

evidence of Dr. Mackie who said the deceased was killed through inhala tion of vomitted matter and that his injuries might or might not have proved fatal. As to bow the boy was injured I leave it to you as to whether you wish to make any remarks. You have heard the evidence which as Mr. Lo says is conflicting is rather import exactly happened and when one can't any exactly what happened it is wiser to leave the matter alone.

The jury retired for a few minutes above, remarking that they did not wish to add anything to that.

The Coroner: I thank you gentlemen

THE Motor Vessel

̧" VOGTLAND. daving arrived," from Hamburg and

JONSIGNEES of Cargo by the above- named Vesssi are hereby informed

placed 47 x 22 in the Hong Kong and Kewloon Wharf and Godown Cou pany's Godowas at Kowloon, where canh by Mark and Delivery can be obtained as We Goods are landed.

and then returned the verdict and Godowa Company's godowns Consignment will, be sorted out Mark

INCIDENT AT TSUN WAN-

I was last in a line of three pars. Com The Coroner: What did you do when ing into the straight stretch between you suddenly saw this car come up tha winth and tenth milestones on your right-It passed at mocha the second car drew up to the first, speed that I could do nothing. hooted, "awang out and prepared to In answer to Mr. Lo witness said he pasa. The driver of the first car did not estimate the speed of the first pulled out a little to allow it to get car that passed him to be very great through. I also closed up on the but the car driven by rakley or the very careful attention you second ear in order to pass I blew my passed him at about 40 miles per hour. have given and I am sure you will horn several times indicating that I Dr. Bernado de Sousa, whose car join with me in expressing my also was overtaking it, When I was Mr. de Bouse was driving gave evidyapathy to all concerned. almost level with the first car it swung

Mr. Simmonds: Yes, your Honour. out suddenly to the right, causing me ence. He was sure there was no horn

enca corrobemting his nephew's ewid to swerve to "the extreme right sounded when the car driven by Mr. edge, and before I could check it my Tetley came up on his. In answer to rear right wheel slipped into the side Mr. Lo he said that when the first car channel. The car travelled some little sounded his horn, if Mr. Tetley, had way with the wheel in the channel sounded his at the same time, he might before I was able to get it out. On not have known, but there was an in- regaining the road I found that the torval between the first car's sounding loon Magistracy yesterday George car was out of control. It swerved of its horn and Mr: Tetley's passing him Clarke, aged 31, of London, was charge aoroes the road to the right side, I

with larceny from the person of $4.10 pulled it back and then it took a

The Overtaking Car violent swerve to the right again. It Mr. FEE. Booker, wife of and with assault,

It was alleged that defendant hired turned a complete somersault ending spector Booker of the Police, who was a taxi on Tusaday morning and after right way up on the left hand side of the driver of the car which prased Mr. being driven to Castle Peak assaulted the road, facing almost back the way Sousa's first, in safety, said that in the driver near Tan Wan on the it had come, certainly more than half answer to ber sounding the horn to in- return trip robbed him of 4.10. Two | way round. :)

wife was thrown dicate her desire to pass his car, Mr. de Indians who were stated to have been and Mrs. out as the car turned over. We three her just sufficient room to get through.

waterton was thrown Sousa did not draw to one side and left with Clarke have also been, arrested.. in the front were still in the car and I She was pressed on this point by hours to verify a statement that he The defendant was remanded for 24 Was still holding the wheel when the Sub Inspector Saunders, who said he had recently arrived in the Colony car turned the right way up again.

clear

baby odd that their Goods are being landed and placed at their rink into the Hong Kong and Kowloon Whard Kowloon where Delivery may be obtained as soon as the Goods are moded. ham, unjess. Notice has been given. 48

Optional Cargo will not be landed hours prior to vessel's arrival, but carried on from port to port to the fuel port of call to which the option extends.

No Claims will be adatted after the Goods have left the Godown, and all "Goods, remaining undelivered after, the be in bject

Friday, 27th October, tc Beat

Allbroken, chated, and damaged Goods are to be left in the Godowns,

anless Instructions lars heen given to the Optional Goods will be landed here contrary Six Hours before wrival of the Steamer, Goods including date of arrival will be subject to Dot cleared within 8 days Bent

No Fire Insurance will be effected by us in my case whatever. Godowas, for examination by the Con- Damaged Packages must be left in the gases, and the Company's Surveyors.

London Youth Charged Before Mr. Wynne-Jones, at Kow, where they will be examined on Thurs-MCSTS: GODdann & Doudian, at 10 sin,

had known her driving and that he the Gleneara.

Surveyors, Messrs. Goddard & Douglas day, 26th October, at 10 am, by our

on Mondays and Thursdays, within the Free Storage period. Warehouse Regulations, consignees must it is necessary for Baranne Officer to

To comply with the General Bonded-

Consignees are specially notified, that are Rayenue Officer in attendance i be present at the canister to examined. Thondamage dutiable goods are damaged dutinbin cargo, ngent Friday, 17th November, 1988, or they before Bith Nov,

All Claims must reach us before the be presented to the Undersigned, on or All Claims against the Steamer must

will not be recognized.

or they No Insurance will be effected.

be recognised, 18, Bills of Lading will be countersigned by Goods have left the Dodown, TE

No Claims wil bo'admittaci after the JHBSEN &00. MACKINNON MACKENZIE O

[1908 Bong Kong, 18th Col. 1931. (1879

Agents

Hong

20th Oct., 1933.

not