1928-03-21 — Page 2

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THE HONGKONG TELEGRAPH,

WEDNESDAY, MARCH 21, 1928.

MOTOR CAR IN A Road. The vehicle was in a small pond about five or six yards off POND:

and about four feet below the level of the rond. Sitting next to the defendant was 6. Chinese lady.

CHARGE AGAINST MISS G. GALE FAILS:

the influence of drink. When * ho asked her to go do the Station after he had visited the scene, the du fondant told him not to be so damned officious, ti

Witness Baked the European Witness in reply to Mr. Blake lady if she were injured and al- said that he, like the other officers, though he received a negative had formed a allent opinion that reply he suggested that she should the defendant was under the in-

fluence of drink. He said nothing | DRUNK OR NERVOUS?o to hospital, but she refused.

Witness told her that she might to her about it. be hurt unknowingly, but she still Mr. Blake submitted that it Without calling upon the defence to present their case, Mr.refused to go to hospital. It was was not till after the doctor's W. Schofeld at the Kowloon then suggested that she should go examination that any of, the wit Magistracy yesterday afternoon to the Shamshuipo Police Station, nesses had formed. any, opinion dismissed the summons against but she again met the suggestion that the defendant was under the

influence of liquor. Miss G. Gale, of No. 53, Hollywood with a refusal.... Road, who was alleged to have driven a motor car on the Taipo

tho on

afternoon of February 29, in an intoxicated condition.

Road

No Case?

Proceeding, witness said that he then asked the defendant how the acoldent had occurred, and she' Sub-Inspector. Smith went Into replied that sho "hadn't the the witness box and said that dur faintest idea." The defendanting the doctor's visit he waited at then asked if it were possible to the door of the room whilst Dr. back the car on to the road, but Newton spoke to the defendant. that being impossible witness When the doctor. left the patient, offered to telephone and make ar-witness asked him if she were in- rangement for the ear to be hauled jured and then telephoned to Con- The defendant suggested tral for instructions as to what that a message be sent to the he should do. Peninsula Garage,

out

The case for the prosecution failed on a technicality, Mr. D. H. Blake, who appeared for the de- fendant, successfully submitting that there was no case to answer as the defendant was not proved to have been driving the car. In his cross-examination of the wit

Sergeant Tyler then arrived on nesses for the prosecution, Mr. Blake suggested that the defen- the scene and he tried to persuade dant's nervous condition was due the defendant to leave the car and to the accident and not to the th-ho would take her to the Station fluence of liquor.

in his side car, but Miss Gale re- Dr. 1. Newton, Medical Omeer fused. Sergeant Tyler was then of the Kowloon Hospital, gave instructed by witness to take a evidence of visiting the Sham-message to the Peninsula Garage shulpe Police Station on the after- and he then loft.

Other Police officers later ar- noon of February 20 ns the result

of a telephonic report to the effect rived on the scene and after some that a European lady had met with persuasion the defendant went to an accident and was probably the Shamshuipio Police Station in

Sergeant Baysting's sido car.

hurt..

Witness arrived at the Station between 3.30 and 1 p.m.'and found Miss Gale, the defendant, in bed. She refused to be examined and objected to being taken to hospital for observation. She said that she had not been Injured in any way. Witness spoke to the de fendant for about half an hour and formed the opinion that she was suffering from the effects of alcohol to such an extent that she was not in a fit condition to be in charge of a motor car.

She assured witness that she had not been injured but witness noticed a bruise on her left arm It was too early to say whether it was likely to be serious,

In reply to Mr. Blake, witness said that as far as he knew the defendant was not then charged with any offence. She was in bed because she had got wet and had no clothes to wear.

Thanked Everybody.

It was a doctor's duty to exert every possible effort to examine a patient if he thought it was neces- sary. The defendant's speech was extremely thick and she Was CX- ceedingly emotional." She took witness by the arm and thanked him for offering to take her to hospital, and also everybody else for their kindness. She was smell ing strongly of alcohol.

Asked why he had not given

A.D.C.'s Report.

Sergeant Tyler on being called said that His Excellency the Governor's A.D.C. went to the Shamshulpo Police Station report the accident.

to

Mr. Blake objected to this being admitted and remarked that he had to complain about this case. All the witnesses had put in a lot of irrelevancies which were all to the detriment of his client,

Witness then went on to say that he warned the defendant that she

would be charged.

Sub-Inspector Smith, who con-

ducted the case for the prosecu- tion, then said that that closed his enso

Mr. Blake to his Worship: I submit I have no case to answer as there has been no evidence

whatsoever that the defendant was in charge of the car.

His Worship (after contempla- tion) Do you consider that_the Witness was about to say some-amah was in charge of the car?

Mr. Blake: I do not consider thing about a hysterical Jady when Mr. Blake objected to the evidence, anything. The case has not been remarking that such evidence was made out. It is not for me to make not admissible.

out a case.

Not Proved. '

Witness then went on to say that in strict accordance with in- structions received he hurried to

His Worship: Two-people were the junction of Nam Cheong Street in the car. It is to be presumed and the Tai Po Road, where he that one of them drove it. found Miss Gale sitting at the Mr. Blake: I don't know. From wheel of a tavo seater motor car the case before you the amah was which had gone over the embank-just as much in charge of the car. meat. The amah was sitting on as my client was. It is not for the hood with her feet on the peat your Worship to conclude any- beside the defendant.

The defendant was covered with mud and appeared to have been Immersed in it. The Chinese wenian was not quite so wet, One of the front wheels was broken and witness informed the defend- ant of this. Her speech was not

normal.

After corroborating part of the previous witness' evidence witness said that he saw the defendant again at the Shamshuipo Police Station. She was in a pitiable condition, Witness asked Sergeant

Mair if it was advisable to give

thing.

Hia Worship: I am not prepared to accept that view entirely. If she (defendant) had been found away from the car, yes; but she was found sitting in it.

Mr. Blake: That's no evidence.

Anybody might have been sitting in it. It is easy enough to prove, but it, has not been proved. If the prosecution has not put the case properly then your Worship has to

7 discharge.

His Worship: The lady was

Mr. Blake: The fact that she

seen sitting at the wheel, it seems. her some brandy, and the latter was sitting at the wheel does not agreed,

Witness then gave her some that in hin evidence-in-chief brandy, after which she seemed witness replied that he was now to be steadler. She had a bath giving his reasons for her condi- and then went to bed awaiting the tion. The defendant had told arrival of her clothes which had witness that she had some alcohol been sent for. but had not stated whether this was before or after the accident. As far as witness could remember she did not say what the alcohol

Was.

Mr. Blake: I put it to you that she told you she had been given glass of brandy on arrival at the Station?

Witness: No.

prove that she was in charge of the car. We have evidence that the car was immovable.

Sub-Inspector Smith: This car is licensed in the name of Misa Gale and Mias Gale is a licensed driver...

Mr. Blake: This evidence has never been called, The case has

case was closed. bean closed. I waited until the

J

'Defendant's 'Condition.

that the defendant's condition Asked what he meant by saying

was pitiable, withess replied that she appeared to be under the in- fluence of drink. She had to be assisted to the Station and was continuously mumbling to herself, which conveyed to witness the fact that she was not quite aware of Mr. Blake: As your Worship her condition.

pleases. I strongly ask your Wor- ship to make a noto of that.

In reply to another question witness said that it was quite

In answer to Mr. Blake witness possible that it was because of said that he had made no notes the accident that she was not in aand preferred no charge against fit condition to drive a motor car, the defendant.

Witness laid emphasis on the word "possible."

"Hadn't "The Faintest Idea.”~-

His Worship: I still don't agree. I think your ellent bas à case to anawer. I think she was in charge of the car if she was at the wheel, even if the car was not in her name.

His Worship: Yes, I will note the fact that the license, has not been put in evidence.

Sergeant Baysting stated that

Mr. Blake (referring to the the defendant's speech seemed charge on the summons): You see very Indistinct and she was very your Worship, the charge is "while confused in everything she did. in charge of private motor car No. Sub-Inspector Hoare wae next Witness admitted in cross-ex-912, did drive"-drive mark you,— called. He quid that he received a amination that it was quite pos- There is not evidence of driving. report of an accident and pro-sible that a nervous woman would Now I still more strongly protest ceeded to the scene. The defend-be confused and not a little hysteri- and ask for dismissal. Now your ant was found sitting in a motor cal after an accident such as the Worship I really thank you for car which had gone over the aide defendant had,”

calling my attention to it, of the road at the Junction of Nam Sergeant Mair said that he Cheung Street and the Taipo thought the defendant was under

SALESMAN ŞAM

SAM, OL' MAN PIPP WANTS YA T' TAKE 'CARE OF HIS LAW OFFICE FOR TH' DAY- HE'S GOT A CASE OUTA

TOWN!

CACH

YEAH? ..

A CASE

WHAT

After consideration his Worship dismissed the summons,

A Wisé Spouse

ĮWHADDA YA, KNOW-

A CLIENT AWREADY! „O' BOY, HERE'S WHEREI

I KNOCK 'EM COLD WITH SOME HOT.

LEGAL ADVICE!,

/RNOCK!

KNOCK!

YES MADAM, I THINK MR. PIPP CAN GET YA A DIVORCE FOR CRUEL AN' INHUMAN TREATMENT-

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TH' SUIT?.

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CANTON'S REIGN OF TERROR

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