1929-04-16 — Page 2

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THE HONGKONG TELEGRAPH.

NO PARKING PLACE.

THE ENTRANCE BAY AT THE RACECOURSE.

Instructed by the Hongkong Autonmbilo Association to uppear for the defence, Mr. Horace Lo

Mr. E. W appeared before. Hamilton resterday afternoon in the summons against Mr. W. D. Fiddes Wilson for obstruction caused by parking his car outside the entrance to the race cnclúsure at Happy Valley. A plea of "not gulity" was returned.

TUESDAY, APRIL 16, 1929.

PRISONER'S DEATH.

DOING PENAL SERVITUDE

-FOR-LIFE-·

An Indian prisoner named Nur Ahmed, undergoing a contence of ponat sorvitude for life, died, in Victoria Gaol yesterday from tuberculosis. An inquest was held yesterday by Major C. Willson and a jury consisting of Messrs. H. N. Mehal, M. Santos. and Lam Wai- man, when it was stated that the prisoner was committed to prison on August 11, 1925, having, bean Traffic Sergeant Kelly; at whose sentenced to death for the murder instance the summons was taken of an Indian guard. On Septem out, deposed that while on cyclo-ber 3 his sentence was commuted patrol duty, he anw, at 6.45 o'clock on the morning of March 22, Mr, to one of penal:soryitudo fór life. Fiddes Wilson's car, No. 1049, parked outside the entrance to the race-enclosure.

Questioned by his Worship, witness said the parking of cars at that particular apot had been a frequent occurrence.

Mr. Horuce Lo (cross-examin- ing): You said just now, that the car was ao parked that, had a tram been passing at that point, and a ear were to come from the other direction, there would be an obstruction in that the other car and tram could not pass each other at the same time?-Quite.

Cumulative Obstruction. That, I take it, is your only ground for saying that there was an obstruction in this case?

Witness pointed out that there was another ear which, being parked at the same apot, was ala causing an obstruction.

Mr. Lo: Your point in, that Mr. Wilson's car Was 'causing an obstruction inasmuch as another car was parked beside it?

His Worship auggested that this was "cumulative obstruction."

Witness: Both cars were caus- ing an obstruction.'

Drawing a diagram of that por: tion of the road, in question, which showed a uniformity of width, excent where the wall cury- ed in to form a bay, for the main entrance to the race-enclosure, Mr. Lo put it to witness that there was enough room for a car to put between a tram and the wall.

Witness agreed. He also agreed that Mr. Wilson's car where it was parked, did not extend beyond an imaginary line drawn across the mouth of the hay.

In evidence, Dr. Cannon stated

that the Gaol records showed that the man was examined by Dr. Pope when he was admitted to prison in 1925. Later he suffered from malaria and during 1926 and 1927 was almost continually under treatment by Dr. Craig. During his illness prisoner was confined in a special cell and special treat- ment was laid down for him,

Tuberculosis developed last year and in February it was found that the evidence of consumption was becoming generalised in the blood. On March 2 the prisoner was visited by the Director of Medical and Sanitary Services when it was found that nothing more could be done for him. A verdict in accord- ance with the medical evidence was returned.

Civil Service Club. Those are legitimate phyking places. The spat mentioned in the summons in the only one to which I object.

⚫ Warning Necessary.

Mr. Lo: You agree that this is clearly a case where a warning should be given to defendant be- fore summonses were, taken out

Yest

And if that is the case, in fact and in truth, no warning was given to the defendant?

Witness reply was inaudible.

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When you find a car obstruct- SHARE SPECULATION. ing, you can very easily find the number of the car and the owner of the car?--Yes.

If you so desire, you can 'com- municate with the owner by that means?--Yes,

Is that public parking ground, opposite the public entrance, a legitimate parking ground at all Mr. Lo then remarked that there times?--It Is Just a stand for could not have been any obstruc-publle cars during faces. When tion to the flow of traffic since no race meeting is pu, private cars witness had agreed that Mr. can be left there unattended, Wilson's car was not obtruding into the unifortn width of the roadway,

Question of Access,

FEDERAL RESERVE BOARD'S ACTION CRITICISED.

New York, Apr. 15. Mr. W. C. Durant, the motor: manufacturer, in a wireless address sharply criticised the Federal Re- sorve Board for its recent effort to curb speculation in stocks through restriction of brokers

loans,

In reply to another question, dred prominent industrialists

He stated that he sent five hun-1 witness said it had not come within his knowledge that public. questionnaire, and In 163 replies received all except twelve opposed; cara left there during the racen were taken away by police off-the action of the Board.

not enough

Mr. Durant characterised the Bourd as "an autocratie bady, not even responsible to the President of the United States," and predict- ed a nation-wide movement to limit) 11.9 powers-Reuler's American) Service.

Illa Worship #nid whether the rers. There was matter was a trivial one or other-pace for private cars to be park- wine, he had to take inte of aed there during race meetings. technical obstruction, the ques. No Obstruction in Law. tion being that the defendant waa not obstructing another ear, (not Mr. Fiddes Wilson, on necessarily a passing one) in its called into the witness box, said legal rights freely to use the road. he had been parking his car for His Worship said he did not care two years, he would not say at the if the parking of cars in the bay identical spot, but withi the had become a custom of five or bay. The first intimation he had ventence,

afty years. Mr. Lo had to re member, in his defence, that it was not a question of panning, but of having access to that spot on the morning in question.

"

being

28 an

of its being regarded offence, was on March 22 when he received the present. summons. Since receiving the summons, be had ceased parking his car at that spot.

was for Mr. Wilson an incon-

for

His Worship said he did not think 300 yards off a great dis- Lance

a person energetic) enough as to go down to the Course at six o'clock in the morning. It seemed to his Worship that there] was a technical obstruction and he must find the summons proved.

He did think however that It was a great pity that the Police did not inform defendant or the Jockey Club in general. It would

have been the easiest thing in thej

Inspector Nicol, in charge of

Mr. Lo, in hla final submissions, the Traffic Office, was next called as a witness. In reply to Mr. Lo, said that the facts in the case did he agreed that cars had been left not constitute an obstruction in

authorities, law. Quoting

he at the disputed spot for years.

In reply to his Worship, witness argued that the free flow of said that before the present traffic was not being interrupted, summons was taken out, he had his client having parked his car directed Sergeant Kelly to go cioso against the wall, and such world to have informed them that round and warn the drivers not to obstruction, if any existed, was they were parking care in a posi

Inappreciable and did not hinder tion which the police considered park at that particular place.

traffic to such an extent as to con- Sergeant Kelly brought in four of the Jackey Club and enjoying the present case.

On the 22nd of last month, stitute obstruction. As a member was causing an obstruction. He thought that a caution would meet Bummonses, for obstruction, in the privileges of such member- His Worship: Cautioned, Mr CALDBECK, MACGREGOR & CO., LTD. forming witness at the same time ship. Mr. Wilson was but parking

that he had, prior to this, warned his car in the same way as a man Wilson, please do not park there drivers off the spot.

would leave his car outside his #gain. Mr. Lo: Have they been parking residence, and to be obliged to The chauffeur of private car almilarly anywhere clac 7-Yes, the park his car at a epot 100 yards No. 1271, public entrance and near the off and walk back that distance summoned, was also cautioned.

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