1934-09-25 — Page 7

HONG KONG DAILY PRESS, TUESDAY, SEPTEMBER 25, 1934.

JUDGMENT RESERVED IN PEAK PARTY SUMMONS

OBJECTIONS TO PIANO PLAYING IN

THE AFTERNOON

"ABSENCE

OF THE

REAL

More Tolerance

COMPLAINANT

Shown In Kowloon

30. ja tag

The interest manifested by the public at the first hearing of the case in which Messrs. G. W. Sewell, A. L. Sullivan and H. C. Meeke were summoned for allegedly committing A nuisance at 286, The Peak at 12.45 am on August 31, by making or permitting a noise' cal- calated to disturb or interfere with public tranquility. was again in evidence' yesterday" after- noon when the hearing was resumed before Mr. E. W. Hamilton at Central Magistracy, ·

L

Among the witnesses called" for the defence were three ladles, Mesdames Berg, Gray and Langston, the last named making a statement to the effect that she had once received a complaint regarding piano-playing on the Peak in the afternoon.

Messrs. A. L. Sullivan and H. C. Meeke were also in the witness-box, and in the course of his closing address. Mr. D. Brittain Evans sald "If you convict in this case, then the jun ior messes must go and live in Kowloon forthwith. In Kowloon I believe, there is more fo- lerance than has been shown in this particular case I submit that it has been brought by the Police under pressure, and in the absence of the real complainant who appears to me to be sheltering behind the screen of public tranquillity, I suggest that this case should be dis- missed."

Court Crowded With Spectators

You think you made any ex- cessive noise when leaving? "No.

Did you hear the name of Bir Thomas Southern shouten cut No. Not at all, I am quite sure about it.

Was he the first to suggest it? Yes. No one else suggested t

Mr. Evans Have you had any complaints about noise in your house?—Yes; once.

Was that through the police? No. Not by the police but by Lady Southora. Just for plano playing in the afternoon.

Cross-examined by Mr. Holmes. witness said that she was not awakened at midnight.

ነ

In answer to his Worship, Mrs. Langston said that she had never heard of any noise from defen- dants' house.

WITNESSES NOT CALLED His Worship then enquired of Mr." Evans 17che was going to call Mr. Berg and Dr. Gray, the other members of the party. Mr. Evans replied that he was not.

H's Worship: It seems rather curious that you have them on. subpoena and then refuse to call thein

L.

Mr. Evans: It is not essential that I should call them. If I am not calling them I am not forced

to.

Mr. Arthur Leslie Sullivan, one of the defer.dants, was then call- ed. He said that no songs were. sung at dinner, but after. At one time or other all the men joined in these songs.

Mr. Evans; In your opinion was the noise excessive? No. We sang close harmony with quartet. Was there any noise while you were playing cards?-Beyond the usual laughter and conversation,

no.

there

OF

Were

any cheers shouts?--Yes. When somebody had a "natural" possibly there was Can you say whether the party a certain amount of jubilation. as far as you can see, and your-

Before Inspector Kirby arrived self included, considered that in did it strike you that you were some way Lady Soutborn was re-making a frightful noise? No. It I think this is not the first sponsible for sending Inspector certainly did not, party you have

Kirby? Yes.. peak?-No.

Mrs. Sverre Berg af 50 The Peak, said that on the night of August 31 she went with her hus- band to a party at 286, The Peak, at which defendants and Dr. and Mrs. J. M. Gray were present. Din- ner was started at 9.30 and prior to that" they bad been sitting on

verandah.

No songs were sung before dinner which Was Did it strike you as an unrea- finished at about 10.30. After din-sonably noisy, party compared to ner she left the dining room and what you have been?-No. went into the drawing room. From where she was she heard singing, in the dining them.

the

Mr. Evans: Did the volume sound strike you as excessive?

Mrs. Berg: No,

of

been to on tre

;,

While you were on the verandah playing cards were there occasion- al shouts other than those cheers when you had a successful band? ---Yes. We shouted "We want 'Boy'" on two or three occasions.

Continuing. Mrs. Berg said that Cross-examined by Mr. Holmės. she was later joined in the draw-witness said that the impersona- ing room by Mr. Sewell who put tion of a Chinese, sing-song gir on the wireless.

She could hear by. Mr. Sewell was received with the singing in the next room cheers. while the wireless was going on.

Mr. Holmes: While you were out When the other male members in the verandah when the boy was wanted: did you shout so that he came into the room sung. They all Joined in. and this could hear you anywhere? went on until about 11.15. They Mrs. Berg: We shouted loud so. had not been singing continuous- that he could hear us if he had ly and Mr. Sewell gave his imper-been in the kitchen. sonat.on of a sing-song giri.

songs were

And even if he had been asleep Mr. Evans: Was it entertaining? would it have been load enough to Mrs. Berg: I found it very enter-wake him up? No. I don't think talaing.

it would have wakened him if he had been asleep.

His Worship (to Mr. Evans): Is that relevant?

his

Mr. Evans: Yes, because here is a man trying to entertain guests,

His Worship: But does it affect the case?

Mr. Evans: Yes, Absolutely.

THE "TOM-TOM" FOLLOWS Continuing her

evidence. Mrs.

Inspector Kirby said that after

In reply to Mr. Hamilton. Mrs. Berg said that the windows to the verandah were open as it was a very hot night. Those who said that they heard shouts of Want Southorn",

"We

the truth.

were not telling

a

V

"CHEERS AND JOY" Mrs. Leonore Gray, wife of Dr. Health, and of 513 The Peak was J. M. Gray, Medical Officer of.. then called. On the instructions given a chair in the witness box of his Worship, Mrs. Gray was

as it was stated that she had just come out of hospital. Witness told the Court that the noise was not

"rowdy" and they sang for about half an hour in the course of which Mr. Sewell gave his Chin- ese "stunt."They then went to the verandah and started to play cards. There was no singing but cheers. They were and when

playing "21"

"natural" there" were cheers and some one turned Ho

joy:

A

His Worship: That is the ars

he had left the house he remain-intelligent explanation we have ed fairly close and he mentioned had of the cheers and turns of that some song which "s about

the game. "Daisy" was süng. Is that cor- rect?-I am quite sure no songs were sung after he left. INSPECTOR'S VISIT A DAMPER

He saya

that now and again Berg said that after Mr. Sewell there were loud cheers as if some- had given the impersonation of a body had a successful" hand, is it Chinese sing-song girl, Dr. Graycretc?—Yes. There were cheers gave the "tom-tom." She did not but they were not as loud as those think the noise was excessive. At before his arrival, 11.30 they adjourned to the veran- Was there a concerted shout dah where they played a game of about "we want somebody" at all? cards. They did sing quite a num--We did shout "we want 'Boy". 'ber of songs' after the game was I am sure that there was started. There were shouts and shouting of "We Want Southern." cheers at intervals-when a mem ber of the party had a good hand. but it did not strike her as being excessively noisy.

A LEGITIMATE COMPLAINT Was there any shout at all at your party-May I say that if I shout at the top of my voice it might be heard in Kowloon and it might not be heard in the cor- responding distance, how can I say the volume of sound.

You mean

even if your voice reaches Kowloon it is not a shout?

Certainly shout,

it is é considerable

And you think that if you had shouted at the top of your voice people in Kowloon might have heard you?-That would have been a legitimate complatot (laughter)..

If you really let yourself go, you wil be heard in Kowloon ?--That ta an exaggeration, naturally.

But when you like to shout you really can do you mean that?-- Yes.

"WHOOPS" OR "WHOOPEE" The evidence as you have heard I think is that at intervals of 8 or 10 minutes while the card game was going on there was a shout or jublation, do you agree that is about right?-I cannot say more than that it is possibly correct.

The purpose of your evidence h's Worship?---Exactly. ls to try and give an indication to

in a few words as to the type of If you had to give a description sound how would you give it?-- whoops" or "whoopee," that is as Well presumably something like

near as I can get to it.

Does it surprise you, that the Mr. Ross?-Looking back on it and noise coming from you house woke

whole thing after this case I now having naturally considered the

across the valley very considerably. realise that sound does travel

I was surprised that Mr. Ross had Can you remember what Inspec- lodged a complaint as I was sur- tor Kirby said, when he arrived?-prised that Mr. King had done the

cannot remember exactly his words naturally. He said to the effect that he came on the, in- structions of Mr. King to stop the noise and I also understood hlm to infer that the original complaint was eltner from Lady or Sir Thomas Southorn.

I

"

same..

The visit of Inspector Kirby caused the ladies, at any rate, to be a little subdued? Yes.

Would it be reasonable that you, as a host, should try and restöre their feelings again?-Not parti- cularly.

CAN'T GAUGE NOISE

Do you think the party took the spector Kirby was there than be-

Was the noise louder when In-visit quite pleasantly, without re- sentment?-I resented, but with- fore he came? There was possibly aut showing any signs of rage or a reduction of noise I don't know how to gauge noise.

anger.

You did not notice any signs from Mr. Mr. Sewell?-No. I was dealing a game of cards at the time,

After he left what was your opinion of the noise? The ladies were naturally rather disturbed by this visit of Inspectör Kirby and "WE WANT SOUTHORN" the party was definitely

a little

Am I right in saying that Mr. what I may call subdued.

Sewell has said that he and the Were there any dhoruses after whole party resented it?-Resent- he left?—No.

ed is different from evincing re- sentment.,

Were there any cheers?--Yes, There was a certain amount or Jubilation even then when some- body got a successful hand.

Do you

shouting out "We want Southorn"? remember anybody

Yes. but I don't know who he

was.

When was that?-I have an im- pression that it was almost imme- diately after Inspector Kirby ar- r.ved.

Did you hear a concerted shout of "We want 'Boy'?"-F cannot say I did.

case we

His Worship: I think in this stenographer, by the pace

should have an official the cross-examination is going.

In reply to a further question from Mr. Holmes, witness sald that the party was definitely kept cheerful after the vit of the Ins- pector but at a lower level than it was before.

the

MI. Holmes: Coming to shot of "We want 'Boy","' did you at any time hear a concerted shout of shout by anybody, or even at a fairly high tone?- have already said I head a shout of "We Want

Inspector Kirby arrived at about 12 o'clock and he said that he had come to stop the noise and that he was sent by Mr.King. She did not recollect any further conver-

Was that shouted sation. While the Inspector was

cul?--In a there, there was a great reduction

very moderate tone of voice. It

in the noise. There was no noise

was not a roar, I would certainly not say it was a shout. It was after he had left and she did not said in a fairly high tone, t hear any shouts about Sir Thomas

Between 12 o'clock and a quar- Southern. The party, she thought,ter to two, was the noise in your was reasonable...

opinion more than it had been Cross-examined by Mr. Holmes, between 10.30 and 11.307-I should | Southorn.” witness said that she was surprised say it was definitely less. no to hear that Mr. J. B. Ross who

Mr. Holmes: You were asked want was living about 100 yards away,

about the noise and you said "be-that. occasions. She was also surprised versation, no, was that the only was aroused by the noise on four yond the usual laughter and con- that Mr. T. H. King who was Hy-

noise?.. Yes. ng 500 yards away should have heard the noise.

You sald you were frightened. did that affect the whole party? Oh, yes.

us: a visit.

Mr. Holmes: My case. is this.

shouts as intervals, that is to say, occasional shouts are calculated to disturb. Was not the nature of the noise that was going on some- thing of that sort-a lull and then a burst of noise 7-Yea

you hear any concerted shout of something?—Yes. We shouted together "We want 'Boy"." I think about twice.

Is it possible that your hosts tried, Mrs. Berg then went on to say: 59 to speak to restore the "swing" Shortly after the game was start- How did the

party react to ed: Inspector Kirby arrived. Mr. the visit of Inspector Kirby?-We Sewell brought bin in and said all actually thought it rather that Inspector Kirby had received funny and were rather surprised a telephone message from. Mr. that the police officer should pay King. Inspector Kirby sald, I was told to come and investigate where Did you resent that?-No. all this noise is coming from. He

Could you see

'Did any signs from was then introduced to us all, and anyone as to how they took it?- sat down. We were all rather Yes, perhaps somebody in the suprised that Mr. King could hear party resented it. naturally. us as he lives such a long way.

Did his visit act as more or less- Inspector Kirby said he thought it a "damper" to the party? Yes, was really Lady Southern who was Definitely. 'complaining.

"No." Did Mr. Sewell attempt to re- I defin.tely Heard him say so. I asked him if he store the "swing"?-No. thought we were very noisy and

I think you will agree that it he said that he had been waiting would be natural to try? Yes. But outside for twenty minutes before they did not on this occasion.

But you yourself as ringing the bell and he heard no

& hostess poise really to be complained would try?-I myself would not about. After he left there was no try if a policeman came to my further noise.

house.

Within your memory was the name of Sir Thomas Bouthern called by anyone at the party?-

Including Inspector Kirby?--Yes. Mr. Hamilton: Did you think the two shouts "We want South om" and "We want 'Boy'," "could have been mistaken?

Mrs. Gray: No......“,

W

At least two police officers have sad in evidence that they heard After the Inspector had left, washouts of "We want Southern," do the card game carried on just in you say they were not telling the the same way as before? Cheers truth? Yes. I did not hear "We were not as loud as before.

want Bouthern.”~ Mrs. Berg: We were all very Was it after midnight; that you surprised and I was frightened. I shouted together "We want Boy"?

"RECEIVED WITH CHEERS" Mr. Evans: What was your at titude towards this visit?

-Yes..

PIANO PLAY

IN AFTERNOON Mrs. Dorothy Langston, of 237 The Peak which is thirty feet away

"

WHAT IS JUBILATION? And then I think you went on was a certain amount of juhila- to say say "He was possible there

on

Did you hear" the shout """We 'Boy'?"-No, I cannot

нах

Sullivan said that up to the time In reply to his Worship, Mr.

of the visit of Inspector Kirby he still considered the noise to be. normal but after his visit the party definitely reduced the volume of sound in order not to annoy peu- ple.

NO RECOLLECTION

the

But when asked, "if there was any chorus singing, you gave the same answer. Do you think it Mr. Hugh Craigh Meeke, is a fair answer?--I think it is other defendant, stated, that he fair inasmuch. as comparing the did not recollect hearing the shout noise of this party with the usual "We want Southorn," nor; did he party of a simfar nature. There member of any shout of "We want is always a certain amount of Boy There were, howeyer, noise apart from ordinary conver- several calls of "Boy" sation.**

The "Boy's" quarters were at the rear of the house, about half way down its length

Mr. Evans: When Inspector Kirby arrived, can you tell me. what was, saldy

But at any rate. your answer did not include the subsequent jubila tion which in turn became cheers, did it?--Did I say cheers? "If -1 had said so I am sorry but the jubilation is not very much difference between cheers and Mr. Meeke: I cannot give you the exact words but I understood What I say is that your answer that Inspector: Kirby was invited ''s not a proper and full one. Well, to the house by Mr. Sowell and he jublation is: laughter, is it not?" (the Inspector) said that he was I there was a "card game and instructed by Mr. King, who had when somebody got a good hand received a complaint, to stop the and there was a cheer would you noise. He also understood from call that laughter? No. I would Inspector Kirby that he either class that as jubilation,

thought or supposed that it was Lady Southor who had made the complaint to Mr King

What effect had Inspector fairly high tone? May I mention guests were somewhat staggered» that it is rather difficult to gradu

shout not a mar? Yes,

You said there was a moderate And almost Immediately after-

A

didn't quite know what it meant Was Lady Bouthorn mentioned from-defendants" house; said that wards you said not shout but a Kirby's visit on the party? The

About what time did you finish

the party?--I should say we left at all. Yes. How was Lady Sou- she went to bed the house between 1.30 a.m. and thorn first mentioned?-By In-night, in question. 1.35 am.

spector Kirby,

disturbed at all.

at 9:45 on the

She was not

ate the volume of sound.

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