1928-07-24 — Page 10

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6

TUESDAY, JULY 24, 1928.*

REPULSE BAY

INCIDENT.

LADY SUMMONED FOR NEGLIGENT DRIVING.

INDECENCY CHARGE

FAILS.

CASE AGAINST TELEGRAPHIST

CONCLUDED..

A summons for alleged nogli- The case in which Chan Tuk- gent driving against a Chinese chan, a Chiness employed at the lady, Mrs. Chan Wai-chi, which Eastern Extension Telegraph Com- was heard before Major C, Will-pany, was charged on two counts 801 yesterday afternoon, was arising out of an alleged indecent marked by a verbal bout between assault on a maidservant, thirteen Mrs. C. 8. Matheson, proprietress years of age came to an end at of "Huntington," Stubbe Rond, The Central Magistracy yesterday, who appeared as the complainant, when Mr. R. B. Lindsell discharg and Mr. Horace Ld, solicitor, re-ed the defendant. presenting the defendant. There Mr. Leo d'Almada e, Castro, was also a cross-summons againat jnr, barrister-at-law defended. Mrs. Matheson's Indian driver for apeeding.

The complainant, in the witnesa box had stated that the alleged pe- onsault took place on the right of June 80, on which night, it was claimed that a dinner party was given at the defendant's house.

Mrs. Matheson said that July 6, at 9.50 a.mm. she had drop- ped two friends at the middle steps nt the bathing bench at Repulse Bay, and her chauffour restarted the car to return to town.

The defendant, in his evidence, stated that the party was given on June 28, and he was not at home while the guests were there.

Opposite the entrance to the Re- pulse Bay Hotel, she suddenly sighted a car, No. 967, which was Balerday, two other witnesses looking as if it was bearing down from the defendant's house, one up on them. It would assuredly nn amah and the other a mess have come down on top of them nute of defendant supported the had not her own driver accelerat-evidence in regard to the date of ed. and got past.

the party.

She asked the Chinese lady who In the witness box, the amalı was driving, if she had a license, said that she recollected that on and a man who was seated besida | the night of June 30 the mald- her replied that she had nono. servant shared witness's bed. She then decided to take the mat-She told the court that her bed ter to Inspector Alexander... was so located that If the com- plainant had wanted to leave it at any, time during the night sho would have to climb over the wit- ness and added that the complain- aut did not leave the bed that light

Driven Recklessly.

Mr. fiorace Lo, cross-examining, suggested to witness that it was no concern of hers if the defendant had a leense or not. lie himself certainly would not have the im- pudence to ask any man for one, and he asked Mrs. Matheson, since when had she constituted herself Traffic Inspector with authority to ask people for their driving licenses. He suggested that Mrs, Matheson's 'rights in such a silun- tion were confined to asking for the defendant'a name and ad- dress.

Witness said the other car was

Obviously Lying.

The Magistrate asked the amah why she did not tell this story to the S.C.A. when she was ques- tloned there.

Witness replied that she was not asked about it.

at-

The witness had also been ques- tioned by the police a fow days after the alleged tempt and had thon shown the polico whero the girl being driven recklessly. She herslept on the night in question. When asked about this, the amah self was endangered as the car was going down the incline fast said that she did not know that enough to have precipitated a col- she was being questioned about ision. The car was eight feet that particular night. from her when It negotiated the incline to turn round.

At the conclusion of this wit nesa' evidence, the Magistrato re- When Mr. Lo suggested that she marked that the witness was ob was out of her bearings to theviously lying. extent that she would not know

on June 30, 1

Chan Shu-fan, a probationer of which was the right side of the the Great Northern Telegraph road and which was the left, Mrs. Company, next gave, evidence and Matheson retorted: I have bes was proceeding with an account driving a carriage and pair for of his movementa 20 years not to know which side when his Worship remarked to Mr. of the road I was going." She d'Almada that if the latter could added that her car was keeping to establish that the dinner party the middle of the road.

was an June 28 and not June 30, the case must fall.

Mr. Lo complained that witness could have given a direct answer to his question without indulging

in sarcasm.

Mr. Lo said that 20 fest would have more correctly represented the distance of the two cars when they sighted each other.

Felt a Bit Nervous,

Mra, Matheson replying to the Bench, said she felt a bit nervous, but was sufficiently composed to think of looking behind for the number of the other car.

His Worship: Do you give directions to your driver about driving at a certain speed?

Mrs. Matheson: Always Afteen alles an hour. I won't go faster than that, Inspector. Alexander will bear me agit, won't 1-7

No reply from Inspector Alexan

der.

Mrs. Matheson further sald that the Chinese lady appeared to be flabbergasted. The man who sat next to her and who jumped up to apply the brakes, did not seem to be able to do anything but talk after the Incident.

The question of the date of the dinner party was then put to the witness, who replied that it was on June 28,

His Worship then remarked to Mr. Williams that he did not think it worth while continuing the prosecution. It seemed to hit (Mr. Lindsell) that if the as- on June 30 and on that point he Bault did take place, it was not was satisfied that the girl was ly fug. He was also satisfied that the girl was lying when she said she was bound and gagged, and he added that whatever vlew he might take of the medien! evi. dence, he was afraid, be could not convitt.

Discharged.

charged and the Magistrate's ob- The defendant was. then dis-

servations were Interpreted to the complainant,

Addressing his Worship Mr. d'Almada said that the charge brought against the defendant, an everyone recognised, was a most grievous one and touched defen- Mea. Matheson's driver allegeddunt's character both socially ant that the Chinese Indy accelerated in business, and he hoped that in from eight to 18 miles when she view of the inconsistent and weak nwerved the car. The man who naturo of the evidence brought by sat next to her had to jump up would agree that the charge was the prosecution, that his Worship to stop the car, the lady would do nothing with it.

Mr. Lo remarked that accelera- tion to such speed was impossible in those circumstances.

A Morning Trial Spin.

trumped up. There were several why the complainant reasons would want to truing up such a charge against the defendant, and one of the reasons advanced by Mr. d'Almada was compensation.

"My client and myself," said Mr. Evidence was given by Johnson d'Almada, "would very much ap- Woo, a student, that he was teach-reciate if your Worship can ingre. Chan Wai-chi to drive make a statement to the effect the car, She had a learner's that he leaves this court without license, while he himself was a a stain on his charactor." licensed driver. of many years' standing,

It was their practice to go for trial spin every morning and to turn the corner opposite the garage at Repulse Bay.

His Worship: I am afraid I

m not prepared to any more than this, that the defendant is dis- charged.

cumstances,

was not sufficient evidence of Major Willson found that there negligent driving to record a con- viction, but he warned the defen- "practicing." Mrs. Matheson was dant against using that corner for quite right in acting as she did and taking out the summons.

To turn the car at that sloping acction of the main road, he had necessarily to go slow. It would be dangerous to accolerante to eighteen miles, for instance.

Inapoctor Alexander said that there was no regulation making it a one-way turning for. cars around embankment, which served as an "island" opposite the Hotel, for speeding, his Worship also As regards the cross-summona It was, however, the usual practica stated that accoloration. In the for cara to negotiate the "Island" circumstances was quite justified when making the turning. It was Mrs. Matheson's driver had to his opinion that in this caso do so to get out of the way and neither car would see each other avoid a collision, until they reached the main road. One of them therefore had to give way to the other under those cir

His Worship dismissed both

summons.

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