1938-07-27 — Page 2

PAGE 2-HONG KONG DAILY PRESS

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COURTS

WEDNESDAY, JULY 27, 1938.

DR. STRAHAN'S APPEAL CEMENT COFFIN What Price

IS DISMISSED

MURDER RIDDLE Life? Judge

Sequel To Conviction And Fine For Dangerous Driving

An appeal brought by Dr. S. Seguin Strahan, of Alexandra Building, against his conviction and a fine of $50 imposed by Mr. .FL. R. Butters at Central Magistracy, on charge of- dangerous driving in Lockhart Road 'on May 26, was dismissed by the Acting Pulsne Judge. Mr. Justice R. E. Lindsell, in the Supreme Court yes- terday.

1. Dr. Strahan was represented by Mr. W. A. Mackinlay; of Dea- cons, and Mr. J. Whyatt. Crown Counsel, appeared for Traffic-In- spector S.C. Saunders.

After the appeal had been dismissed an application for reduc- tion of the penalty was also refused.

from not

Heiress's Husband Asks Jury

Accused After Girl's Discovery

How much is life worth? Lord Hewart, the Lord Chief Justice, asked in the King's Bench Divi- sion recently. And hẹ änswered.

his own question thus:

The arrest and arraignment of John Paul Bathelt, 28-year-old

I a man were asked in' culd dapper husband of a reputed Park blood what he would take to sub- Avenue heiress, launches a new mit to a violent end he would say and eerie murder mystery apon there was no such sum, America's attention. It is labell

"It is not merely that there is ed The Cement Coffin Murder nu sum large enough, but that the Case, and the facts are these, nd recolls from such a problem." Recently a group of girls on a Bord Hewart was speaking of "the church plenie were swimming in infinitely various incidents of a river not far from Northamp-life."

That act still existed, but upon It had been superimposed another law, the Law" Reform Miscellan ecus Provisions) Act, 1934.

ton, Massachusetts, when they His Lordship... sald that before came hurriedly from the water 1934, the law gave a right to de- Opening the appeal, Mr. Macin- | 50, Magistrates had been

and told of a floating bundle from pendants of a person killed in 20 lay submitted that there was not dime to time criticized for

which a skull was protruding. sufficient evidence on which the putting down their reasons tor

accident to sue the negligent par- The police found the bundle ty for damages which would Magistrate could find the convic-allowing questions. and If the tion.

Magistrate and not put down his contained the remains of a body represent the pecuniary loss they which. from the trousers beit suffered from the death of that The evidence in the present case reasons, he would have called

bearing gold initials, they ten persou. did not allow the Magistrate to forth more criticism.

His Lordship remarked that it is, a racehorse owner who disap

tatively identified as Charles Mork "come to the conclusion that there

was danger. It was not denied would be going too far to say the

peared last year. Close to the that appellant was driving at 36 Magistrate had doubts. All that place where the body was brought miles per hour, but it was only the appellant could say was that

ashare the police observed an Lord "Hewart explained that. six miles per hour more than the the Magistrate had considered the

empty summer cottage. locked stripping the Act of its legal limit. Such a speed was not dan- | proprietory of it.

and heavily boarded.

teenalcality, it meant that. gerous, said Mr. Mackinlay, "and Driving at 36 miles per hour on

They broke in. On the kitchen although a man was dead, there there must have been something the wrong side of the road was floor were stains and traces of nevertheless remained, not indeed else that influenced the Magis-evidence of dangerous driving. hurriedly mixed cement, Th for his own benefit which was Mr. Whyatt went on. There were cellar and garden yielded unmis- not possible-but for the benefit of side lanes coming into the main takable evidence that the body of his estate, all causes of action What Dr. Strahan had done was road. It was also a built-up area a man had been encased in con- vested in him. to pull out to pass cars in front where a speed limit was imposed. crete buried and later dug up, 6X- The natural thing to do in those It was not disputed that there was tracted from the concrete and circumstances would be to go over long line of traffic ahead of the taken away. the crown of the road on to the appellant pr that there were a wrong side in order to avoid the large number of pedestrians about cars which were being passed pull. The only dispute counsel could see between the evidence of Dr. ing out.

Strahan and that of Inspector Saunders was the reason why ap- pelant was driving at such a high speed, which was that the doctor was in a hurry to attend an ur gent case at the French Hospital

trate.

PULLING OUT

Inspector Saunders himself was doing 40 miles per hour in his OWN car, and must have been

keeping an eye on the traffic on the road as well as watching the appellant's car, and he could not

His Lordship remarked, that therefore have been in a better

many years ago, a similar excuse position than

Sergeant Fryer. who was with him, to see what had been made to him by another was happening.

Sergeant Fryer. in his evidence said it was not worth endangering had stated that appellant had the lives of several persons in the -pulled over the crown of the road. doubtful hope. of saving one.

which might be only a foot or

APPEAL DISMISSED

I

doctor, and his Lordship had then

Part of a concrete block found by the police. contained a right

LIFE A PRECIOUS THING" In this case there was a young man approaching his twenty- second birthday. He was an all- round sportsman, with every pros-

JE

shoe which matched the left shoe pect of a long life. un the body from the river.

That prospect had been put to: Inquiries of the cottage an end and the loss had to be owner showed that Bathelt had assessed in terms of bounds ster been in possession of keys to the ling. place since 1936 and that he And against it had to be assess»

formerly associated with Morris ined the chances and changes of race track enterprises.

that" uncertain thing cailed lite.

Life was a precious thing tő de parted with only very reluctant- Ly.

Road Lessons For Singapore Children

"All I can say is Here are the. provisions of this Act and I ́ask' you to exercise your duty in the spirit of moderation and restraint and assess what you conceive to

be a fair sum."

The jury awarded £2,000 to Mr. Frederick Walton. of Senhouse-

Maryport. Cumberland. ·!

over the centre, and if this had After Mr. Mackinlay - had made been the only evidence adduced. this final submissions. Els Lord- would have disposed completely of ship, in. dismissing the appeal, Singapore school children are to road, any charge of danger. The extra said: There is clearly sufficient have their own book explaining against Mr. John Averall Jacob, six miles per hour on the right evidence to justify the Magistrate traffic, dangers shortly.

of Alderman's-hilly Palmers Green, hand side of the crown of the convicting as he did. The ques- Published in Singapore, and en- | London road would involve such an in-tions objected to need not neces- titled "Safety First," it has been That sum, they held. represent- crease of danger as to justify the sarlly have any bearing or his writen by Mrs. B. L. Milne, of the ed the loss the estate of the conviction.

finding that there was sufficient Malayan Education Services. and plaintiff's son. Frederick Jordan Mr. Mackinlay submitted that evidence. The conviction is up-after ts Arst edition: it will be Walton, twenty-one, had suffered before he could convict on the held and the appeal dismissed. translated into Malay, and prob- because of the shortening of the evidence given. the Magistrate Mr. Mackinlay asked if his Lord ably into several vernaculars. Expectation of his life, would have to disregard Sergeant ship would consider reducing the Road congestion in Singapore He died as a result of a collision. p Fryer's evidence of the position ofane, but after hearing Mr. Whyatt has for long proved a menace to on Stags H. Enfield, in Septem- the carrid accept that of In- read out appellant's driving re-children unable to realise the dan-ber. 1937. when as a cyclist he was spector Saunders.

involved in a crash with Mr. Ja cord,

which showed

heger to which they are exposed. that

School entrances have been well cob's motor-car. had been fined $15 for reckless

looked after by the police His second point in the appeal, driving in Caine Road in 1927 but the training of school children. said Mr. Mackinlay, was that a, $10 for driving without due care to understand road rules and traf- question was allowed which would and caution in stubbs Road thistle signs will no doubt bring about show that Dr. Strahan had in the year, and $10 on the present a much better state of affairs. past committed the offence of offerice his Lordship said he saw dangerous driving. It arose from no reason to interfere with the cross-examination by Inspector Magistrate's penalty. Saunders and constituted that whale of that cross-examination.

The question put was how many

SECOND POINT

times Dr. Strahan had overturned

ALLEGED THREAT

ON WAITRESS Further evidence was heard be.

his car previously. There was only one reason for putting that ques- tion and that was to suggest that appellant, had driven so denger-fore My Lockhart-Smith at the ously as to overturn his car.

MAGISTRATE'S NOTE

Central Court yesterday when three men, Li Chun, Fung Lam and

THEIR MISTAKE

"Now we're all going to join. In singing No. 7 in our song book," the The book will contain lessons on' Master of Ceremonies told dele- the expansion of traffic sense, rules gates to a convention of the Wo for lorry drivers, and how children men's "Christian Temperance Union. should regard them, rules for mn-fat Niagara Falls. tor-car drivers, and also lessons The delegates rustled the pages on model work, which will bring in of their books, then gasped. ... manual training as well as mental. The song was: "There's A, Tavern.

in the Town.”

They tried another song..

-DROVE CAR ALONG

CLOSED ROAD

"AWAY FROM IT ALL” Tired of books and ledgers, Mr. Ng Kwong, appeared on remand Harry Ramskirk twenty-seven, of The Magistrate must have had on charges of threatening a wai Park-avenue. Hull. has given up some doubt about allowing the tress, So Pat, 21, with intent to in-his good job as secretary to zo was question, as he had made a note duce her to become a member of roaming. First

A. Rohreke. of Courtland Hote

Aned $8 when he pleaded destination. is guilty to the summons before Mr.

of his reasons for allowing 1 in society and demanding money Kanderstag. Switzerland. where he Butters at the Central Court yes- the depositions. It was essential with menaces with intent to steal" can't stick office work," he said, along a closed road on July 9.

will be a guide for three months. terday for driving a motor vehicle

that no questions should be asked

Mr. E. S. C. Brooks appeared on

to show that a driver, had in the behalf of the first defendant and past been guilty of dangerous Mr. J. M. d'Almada Remedios for the second and third defendants.

driving

It appeared that the grounds on Detective Sub-Inspector Ritchle which the Magistrate had allowed was for the prosecution.

the question were that Dr. Stra A Chinese detective yesterday han had given evidence of good testified, that he was in the Asia character in that he had said he Cafe where he saw complainant Was an experienced and careful hand over money to the defen

overheard the Con- driver. That was not evidence of dants. He character, but merely Dr. Strahan's versation between the parties, and reasons for pleading not. guilty. arrested the defendants as com- He had never suggested that be- plainant had just left the cafe cause of his experience he would after having handed over the sum The hearing was adjourned to not drive dangerously.

August 5.

Mr. Mackinlay submitted the question was inadmissible and the conviction should be quashed...

His Lordship asked whether the Imputation in the question asked suggested that Dr. Strahan was a reckless driver.''

Mr. Mackinlay replied that he could not frankly see any other

YOUNG GIRL ON OPIUM CHARGE Fines totalling $850 or five months' imprisonment were im

Passenger Robbed Of Spectacles While Travelling On A Bus

A seaman, 'hi Wing, 42; 'was given four months' imprisonment without the option of a fine, when he was convicted on a charge of larceny from the person of Mr. Lo Tse-shou, of a pair of spectacīts and case on board 'a'bus on July) 22′′ !

Chan Ying, 25-year-old widow, who was convicted on a charge of alding and abetting the theft and possession of a watch, was fined $100, in" "défault, two months' imprisonment.

"Mr. Hin-shing Lo pleaded not sengers in the second class com- guilty on behalf of Li Wing, while partment had alighted. Mr. H. A. de Barros Botelho ap- The second defendant, then sat

the defence peared for

of the beside complainant on

the right

him. Suddenly Mr, lo felt a Jostle and he discovered that his It was stated that about 0 b. case and spectacles were missing.

reason for asking the question posed by Mr. Butters at Centra widow. Det.-Sergeant J. Bentley and they were pressing hard on

Dr. Strahan had been driving for 35 years, and must therefore be

an experienced driver.

CROWN REPLIES

*

3

Court yesterday on a 17-year-ola girl, Lo L, when she was found conducted the prosecution. guilty on charges of possession of 101 and 15 taels of raw and pre on the day in question, Mr. Lo He noticed first defendant holding pared, oplum respectively.

boarded a bus near the China En-the article and he then called out Replying for the respondent. Bár, Defendant was arrested on in-porium, and when nearing the "pick-pocket.” Whyatt dealt first with Mr. Mac- formation, received at Bong Lung Chima Building, the two defen- A European gentleman who war Kinlay's remarks as to the Magis- Street. The drugs were strapped dants came up. Li went and sat in the first class compartment lat the left of the complainant and came over, and assisted the com- trate's doubts in allowing the to her legs.

Detective Sergeant Whelen pro Chan was standing. On nearing plainant in handing the defendants question owing to his having made

the Wanchal Market all the pas-over to a constable.

a note of his reasons for doing secuted.