1934-09-25 — Page 10

Daily Press 孖剌西報 All

10

HONG KONG "DAILY

PEAK PARTY SUMMONS WORLD BALLOON

(Continued from Page 7)**

that a policeman should come into the party. The noise was certain-

ly very subdued after that.

absence of the real, complainant. who appears to me to be shelter-- ing behind the screen of tran-

Was there any jubilation after quillity I suggest this case should his-visit? Yes, moderate.

'Do you think you were making u shocking noise or not?-Denitely

not,

Mr. Hulmes: I think you are quite satisfied that Mr. Ross dia not lodge any complaint against you or the other defendants, that so?-I had not thought 'about it

be dismissed.

THE ""BARBED ARROW"

In his closing address Mr. Holmes sald:-

**In the first place the last words that my friend used brought me right back to the very conirmencement where he referred 15 my presence here. I am the last person who attaches any more importance to 'the fact that I am speaking than to the words that Mr. Evans used, and if it is of any interest to this particular case. from the

ANOTHER PARTY?

Well at any rate you will admit that Mr. Ross was awakened four times and finlly when the party went down the slope

house?-A party you mean? "Was there another party?

know there was,

Why didn't you tell your solict- tor. If you had done so, the ques- tion would have been put to Mr. Ross. Do you mean to say that you sat there and believed that Mr. Ross was complaining about" the other party, do you really say: so?--I do.

Did you allow Mr. Ross to give evidence against your house and and you just sat there "mumb" then say that it was another party Mr. Ross was complaining about.-- Yes, but Mr. Ross gave no proof about our party.

Do you mean to say that when Mr. King sad that he heard shouts of "boy" at his house approximate- ly 500 yards away, he was talk

ig about some other people call- ing "Boy" in some other house?- I don't say that. I have noted that Mr. King could hear shouts of boy" from across the valley under certain conditions.

What sort of Jubilation was it? I thnk it has been fully des- cribed by Mr. Sullivan.

Hls Worship: This is a court of law and you are here to answer the questions of Mr. Holmės.

Witness: Very well.

Or

to that last little barbed arrow" about someone shirking themselves

and saying they were annoyed,

behind

He quite agreed that the section dealt with two different offences namely noise calculated to disturb or to annoy any person. When the summons was brought to him he had proceeded on those lines and he definitely had refused, and took full responsibility for it, not to bring somebody to support a charge which was not the charge with which he had to deal

1

Mr. Holmes then reviewed the evidence at great length after which his Worship remarked that he would deliver a written deci- slon on Saturday morning: of the jubilation that's all?--I should call it an exclamation of delight at the success in winning a hand at the card game. I do not describe it as a shout.

Was it in the nature of a cheer at any rate?--Yes. A private cheer or a community cheer (laughter).

Mr. Holmes: I think it is a rather apt déscription. Would you expect 1 to carry 100 yards on this particular night? On this particular night, yes. It might be audible 100 yards away.

Would there be comparative silence except the shout of "boy" that carried about 500 yards? No Not silence,

Was there other noise much the same made by calling "boy"? No. I suppose you mean the other noise was not so loud-Yes. The other noise was merely meant for the people in the house at the time,

Mr. Holmes: I am trying to

from get

you

views your what noise was calculated to disturb and if the noise was not reproduced to his Worship.. he thought it extremely difficult. He proposed in any case to deal with any of these noises as likely to disturb

not.. The nearest submitted between this offence and any similar ...offence in English law was that alk was a public nuisance.

from the heard They had ..Crown. Solicitor that he thought

Have you really a clear recol- of the Beak district as a country. district with houses bere tection of what happened after there, dotted about where one midnight?—Yes. might expect peace and quiet and

analogy, he

and

he (Mr. Evans) was not very far from him on that point.

THE AGE OLD DOCTRINE

Mr. Evans then went on to say that one of the principles of civilised community life WELS to adhere to the age-old doctrine of "Live' and 'let, Live" and without that, he said, life would be ex- tremely difficult. It seemed a matter of some humour to those happy people who live in Kow- Toon to find that it was right at any time to take summonses in respect of a sing- lar isolated instance of excessive noise after 8 pm.

their

out

THE MISTAKEN PARTY?

i

was.

When the party broke up, was the

It holse loud? No. normal. Just conversation farewells.

RACE

Gordon Bennett Contest

[Special to the "Hong Kong Dally Press" (Copyrith....)]

Warsaw, Sept. 23. The world's champion ballóon race, the annual" Gordon Bennett ceremoniously begun contest, wAS

here on Sunday afternoon before & large and distinguished crowd m- cluding Premier Kozlovski and the President of the Polish Aero Club, Prince Radziwill. The Polish bai- Loon "Warszawa" was the first to get away, rising at seven minutes past four o'clock to the strains of the Polish national anthem ren- dered by a military band and mel- ting away to the north east car- ried by a strong fresh wind which augured well for the results of the race. The German balloons "Stad-

lessen." "Wilhelm von Opel," and Deutschland" were next to take

the air.

General regret and some hisun- derstanding were roused by the

minute last

technical dis. qualification of Spain's single entrant. Since the Spanish bal-| || loon arrived too late to win the

automatic permission to start the race, the rules required the candi- date to get a separate approval" from each other entrant. The French Aero Club, however, refus- ed to approve of the request and the Spanish airmen were thus for- ced to stay on the ground.

One other unexpected incident marred the beginning of the con- test. the gasbag of the French bal- loon "Torun" tearing free from the basket and careering off into the race unaccompanied by the balloonists.

Transocean Kuo Min.

DARE-DEVIL MOTORIST

Special to the "Hong Kong Dally Press" (Copyright.)],

Madrid, Sept. 23. German racing cars put a double stal on the season of almost unbro- ken series of victories on continental tracks when two Mercedes Benz

tian course

Did you hear concerted scries of machines whirled over the finish- words at a fairly high tone?Nong Une of the famous San Sebas that I can recollect.

on Sunday fully ten minutes ahead of the nearest com petitor to win the grand prize of the Spanish season. An Italian driver, however, brought the winn- anding car home, the dare-devil Luig

Fagioli clipping off the 5.000 kilo- metre distance in 3 hours 19 minutes and 14.6 seconds. Rudolf Carriocola. whe. despite the Italian name is a German citizen and the most popular race-driver in the Relch was flagged close be- hind in 3 hours 20 minutes and 24 seconds.

Mr. Ross said that he was the breaking up of the party. did aroused particularly' in regard to you hear that?-Mr. Ross gave no

time at all.

that Mr. Ross was speaking about Now look here do you still say

the dispersal of another party? He might very well have been mistaken.

+

The third was the Italian driver and car, Nuvolari in a Bugatti machine which crossed the line

Have you any real doubt that Mr. Ross made a mistake and was in 3 hours 30 minutes and 48 talking of what happened in this seconds, just afteen seconds ahead case whereas he was really of Germany's master showman, taking about something which has Hans Stuck of the Auto Union nothing to do with it whatever? who provided the day's sensation by a well finished drive in which

His Worship: They know it. I have been on the Bench there.. --I have,

Continuing. Mr. Evans said that were it tolerance that existed in Kowloon, the Learned judge' there would be Inundated with these summonses.

As to the dispersal of the party not for the friendly you think he might have meant the dispersal of the other party?

--I do.

And do you really think that

that tolerance when he was giving his evidence?

he caught his way up from eighth to fourth place.-- Transocean Kuo Min.

He suggested

should have been exercised in this-I made, a mental note to that that he case, and he submitted that the effect, when he said he could give section under which the summons no time.

come

a.y

was served did not mean to apply

to a singular Bolated ease.

This completed the case for the If deferice.

his Worship convicted the defen-

REMARKABLE CASE

dants, he said, he thought it

Mr.

He sub-

would thought it

great shock 2

to many Peak residents to realise they were also that

sub- jècted to these provisions. That never was the case until 1932 un- lèss his friend, the Crown Sollel- or had been able to and similar would be impossible to hold an Addressing his Worship,

provisions' in the laws of England. extremely cheertul party on the Evans said that the case was re-

markable for one thing and one He submitted that there was a Peak any more.

the difference in creating noise in a Some stress was laid by the thing "only and that was Crown Solicitor by declaring that gravity in which it appeared to public street and in a house. Quite Mt. Sewell's home was his castle. be considered by the Police and apart from this the words "cal- ane culated" and "public tranquillity" He submitted that this was a very the Government when the proper doctrine and it was one in imposable was only $100. It was are not without difficulty, and it

saw the seemed to him the question whe which English judges had been very seldom that one determined to uphold and it was Crown Solicitor appearing in such ther calculated noise or noise cal- culated to "sturs meant either one which he suggested that his a trivial case, he said. Worship should loathe to de- mitted that the interpretation of any of three things: (1) Buch Section 13 of Ordinance 32, 1030 rise is likely to disturb, (2) such rogate.

as is bound to disturb was so wide that it required the noise Mr. Evans' then reviewed the

noise evidence at great length after very greatest delicacy and judg and/or aces, and (3)

"If you ment in dealing with a case under actually intended to disturb. which he concluded: convict in this case then the this section. It was easier to as absolutely Junior messes must go and live imagine the case

If the second and third mean- in Kowloon forthwith. In Kow- absurd and ridiculous The sect loon I believe there is more on he said was an re-enactment ings were his Worship's version tolerance than have been shown of section 31 of Ordinance No. 1 of it then his case would be sub- la this particular case. The lack of 1845 and was very different instantially easier. If the first was of tolerance in this case seems to that whereas the old section ap- his Worship's version of it, then This is an plied only in districts which the his Worship, he said, was left be extraordinary, folated instance supported only Governor-In-Council appointed, with a very difficult problem, by the evidence of Mr. Ross I the present section applied to the He suggested. It had

conclusion of submit it has been brought by the entire colony.

was noise police under pressure and in the

Continuing,

A

A FUBLIC NUISANCE

**

come .to

E

Mr. Evans sald calculating : what

PRESS,.. TUESDAY, SEPTEMBER 25, 1934.

DRAW FOR NEW

SUB-GRIFFINS

"

Messrs. Mackie & Grayburn

Acquire Most Promising Candidate

(BY. "MORNING DEW "}

The draw for the 1935 subscription griffins took place yes- terday. There was a large attendance of owners, jockeys and racing enthusiasts, at the paddock at Happy Valley "to follow the proceedings.

Interest in the draw was belghtened by the fact that an official tryout was held earlier in the afternoon at which most of the subs made a good impression.

Particularly outstanding, was a bay pony of 13.3 (No. 90) ̈ which seemed to be the pick of the new`arrivals. At the draw No. 90 remained la the drum" until every subscriber had drawn a pony. Then those owners who have subscribed for more than one pony had another chance at the draw and the elusive No. 98 did not come out until only two ponies" re- mained in the paddock. He was then drawn by the "Mackle and Grayburn" stable, and a cheer greeted the announcement. Other ponies which appeared to run well during the trials were as follows:-

11

No. 37, A 14 hand bay pony drawn by Messrs, Kong Bros. No. 47, A 13.2 black pony drawn by Mr. J. F. MacGregor. No. 56, A chestnut pony of 13.3 drawn by Mr. "Lão." No. 64. A dum mare of 14 hands drawn by Dr, S. N. Chau, No, 16, A 13.2 bay pony drawn by Mr. Li Fook Wo.

. No. 87, A bay pony of 14 hands drawn by Messrs. Tester and Abraham.

No. 94, A chestnut of 14 hands drawn by Mr. Li Fuk Fai No. 110, A chestnut mare of 14.1 drawn by Messrs. Lewis and Tinson.

No. 116. A dan pony of 11 hands drawn by Messrs, Bellamy and Gordon.

The full list of the draw is as follows:-

Brand No. IK/E

31 Mra. Pearce

Drawn By

32 Li Shiu Ki and Ho Sai Cheong... Bay 39 Lan

34 Misa Yvonne Shenton

35 E. S. Tseng

36 Finder

87 Kong Bros.

64 Wong Ki To

58 Lar

57 S. 8. LI

58 W. H. Choy... 59 Hall and Shenton 60 Max

61 Mrs. Liang

62 Mrs. Li Shui Kl

63 Young Brothers

64 Dr. S. N. Chau

65 Choa Po Min and W. C. Choa

68 Mackle and Grayburn

U. S. BASEBALL

Double Header Programme

New York, Sept. 23, New York Yankees and Cleve

land Indians succeeded in win- ning both games in their double headers.

LOCAL TENNIS

The Varsity Match At Mountain Lodge

At the invitation of His Ex-

cellency The Governor the annual" tennis match of the Oxford and Cambridge Society Was held at Mountain Lodge on Sunday, 23rd September.

Detroit Tigers leaders of the American League, received a set- back when they were nosed out by 4 to 3 tally in the first leg of their double-header against St. Lauls Browns, but recovered in follows:- the second match to win bỷ 2 to Captain Cannon & G. R. 1-3

The Oxford team won by 81 games to 78 games, the sets being equal (9 dll). The scores were as

The following were the results:

National League

New York Bostan

New York Boston

Brooklyn

-Sayer (Oxford) against Major Withington & R. R. Todd

6-4 6-1

R.

H. E.

against J. L Tetley & J. Barrow

2-6 6-1

B 13 ง

4

0

against G Miskin & R. E. Lindsel .........

6-4 6-0

Farmelee pitched

N. L. Smith & J. G.

Pilcher. (O'ford) against"

3 13

1

Major Withington »őz

4

4

R. R. Todd

3-6 0-6

There were 11 innings

Against J. L. Tetley &

J. Barrow

2-6 6-3

Philadelphia

4 15

0

2 12 2

Leslie homered

against G. Miskin & R. Undsell

5-7 7-5

D

8.W. Liang, & Rev. N. Pilcher (Oxford) against Major Withington & RR Todd cabano ana against J. L. Tetley & J. Barrow

1-6 4-6

6-2 4-6

9 16

against G. Miskin & R

I

E. Lindsell

5-7 0-2

7 11 2

.

3

8 4

1

0

TRACK ATHLETES

Philadelphia ........ 2 € Brooklyn

7. 8 0 Boyle and McCarthy homer- ed W

St. Louis Cincinnati

St. Louis Cincinnati

Hoag, Selkirk and Gehrig homered. There were 10 in- nings.

2 9.1 8 2

[Special to the "Hong Kong Dally

Press" (Copyright.)]

· 17

Magdeburg, Sept. 23."

The strongest all-German track team for many years romped through to an expected victory over the picked French track and feld athletes in the 29th annual Franco-German contest held here on Sunday, but by a margin sur- passing even the predictions of their hopeful compatriots...

The Reich representatives took! first places in no less than twelve of the fifteen events and scored both first and second in seven--- Transocean Kuo Min.

1

Johnsonärid Williams hom-

éted dame called owing to darkness

ין

Chicago

3

0

Klein homered Pittsburgh

2

Colour Grey

Age 4

14.1 Aged 14.0

Height

American League

Boston

3

0

Bay

7

14.0

Gomez pitched

Roan

17

13.3

New York

1

100

Bay

"

14.1

Black

13.3

Boston

4

6

Bay

6

14.0

New York

5 12

0

38 Li Shiu Chun

Grey

6

13.3

39 Helenside

Bay

11 1

13.3

41 G. W. Sewell

Dun

Aged

13.2

42 Dr. L Shiu Ki

Ches.

B

14.0

43 Rain

Ches,

14.1

ફ્રા

44 Wong Biu Ngau

Bay..

Aged

18.2

Washington Philadelphia

45 Widdecombe

Ches.

5

13.3

46 Rain

Brown

13.3

47 J..F. MacGregor

Black

7

13.2

Washington

5. 7

0

48 Stephen Lam

Grey.

7

13.2

Susko homered.

49 Why

Black

6

14.0

Philadelphia

5 11

1

50 K.H.W.

Grey

5

13.2

SI LI Po Chun 52 Brish

Bay

"

14.0

Ches.

Aged

14.0

Aray

FRESH

15.ets-pkt.

75 cts. tin.

53 Li Fook Yim

Ches.

B

14.1

Grey

7

13.3

Cleveland

2 7 0

55 Yip, Bothelho and Pau

BL. Dun

7

14,1

Chicago,

1

8 0

Ches.

Aged

13.3

Dun

ནཱ

13.3

Cleveland

11 2

Bay

Aged

13.2

Averill homéréd.

Ches.

8

13.2

SANDHURST SIZE.

Made

England

Chicago

1 7

3.

Ches.

19.2

Aranjam Buil

Grey

Aged

13.3

Ches.

Ø

13.2

Detroit

3

4

0

Brown

7

*13.2

St. Louis

4 11

0

Sole Ageniaz

Dun M.

14.0

Grey or Rn. S

13.3

Detroit

212

Grey

14.0

St. Louls

1 10

67 Eu Tong Seng

Grey

14.1

68 L.T.F.

Dan

7

13.3

69 John Peel

Ches

Aged

13.2

Dua

70 Chan Wing Tung

Aged 14.1

711 CNK.

Grey

Aged

13.2

72 Li Shiu Pang

Bay

6

14.0

Bay

13,3

Bay

13.2

75 Leong Kwok Cheong

Black

13.2

70 Li Fuk Wo

Bay

7

13.3

77 Yeung and Yung

Ches

13.2

78 L Shiu Ki and Dr. Wonz

Roan

6

13.2

79 Wong and Chan

Dun."

G

13:2

Bay

6

14.0

30 Ulster

81 Mrs. Pearce

Bay

14.1

Brown

14.1

82 K., 8. Wong

83 Li Shiu Pang and A. J. Edgar...

Brown

?

14.1

Dun

7

13.3

84 C.W.K

85 Wong Ping Shun

Grey

7.

14.0

86 Sturt and Lobel

Bay

8

13.3

Bay

14.0

Brówn

13.2

Bay

B

13.3

Spat Cut

Ches.

Aged

13.2

Grey

"

14.1

Cres,

8

14.0

6 laminations

Grey

7

13.3

Grey

of Beech and Ash

6.

13.3

P7 EL I Llang ..

Bay

13.3

86 Parkson Chan 180 Roda.

Grey

Aged

13,3

Dun

140

101 Wong Ping, Shun,

Grey

7

13.3

102. 11 Yu

Brown

7

14.0

103 We Three

Grey

13.2

14 Own

Grey

14.1

106 L Fuk' Wing

Báy

13.3

106 Lewis and Tinson

Bay

18.3

107 Bethl

Grey

13.2

108 LI Fook Chung

Grey

13.2

109 Miss Li Po Chun

Ches,

- 13.2

110 Lewis and Tinson

Ches, M.

14L

Black

13.2

112 Grist and Beck

Dun Ches

Aged

13.2.

Aged 13.3

Ches,

Aged

14.0

116 Bellamy and Gordon

Dun

14.0

73 Ho Kom Tong

74 Leung Lau

87 Tester and Abraham 89 Partners

90 Mackle and Grayburn #1 J. F. MacGregor 93 Longfellow 94 Li Yuk Fai 95 Mrs. Mackle 16 Hebslad,

111 Dynasty.

ta 115 Là Fo Chúa

115 H Law.

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Page 10Page 11

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