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THE HONGKONG TELEGRAPH,
RECENT RAILWAY
INCIDENT.
CHARGE OF ASSAULT AGAINST REVENUE OFFICER.
DEFENDANT'S VERSION
That there existed special in structions
før 'carrying out searches and the subsequent arrest of members of the crews of the tralna belonging to the Kowloon Canton Railway, was mentioned at the Kowloon Mugistracy yesterday when a summons for assault brought by two employees of the Railway against Revenue Oficer Tallon was. heard by Mr. T. S. Whyte Smith.
Following the issue of 1 sum- monses for assault, Revenue Officer Tallon applied for sum- monses against three employees of the Railway for being in unlawful possession of raw opium.
The case for the Railway work- men, an engine driver and two firemen, was conducted by Mr. F. C. E. Rendall, while Mr. L. Andrewes, Assistant Crown Salici- tor, appeared for Revenud Officer] Tallon, Mr. J. D. Lloyd, Super- intendent of the Imports and Exports Department, watched the ease on behalf of his Office.
Dr. D. J. Valentine repeated his evidence of finding certain bruises on the driver and fireman whom he examined at the Kowloon Hos- jutal
Prosecution's Evidence.
The allegations contained in the evidence of the prosecution are that on October 10, on the arrival of the express train from Cantor at 7.22 p.m.. Revenue Omeer Tallon boarded the engine cabin] where the driver was alone, the tws firemen having alighted to at- tend to their dutles. The Revenue Ofleer carried out a search, caus: ing the driver to query his' intru- sion as he was wearing plain
clothes at the time.
It was claimed by the prosecu- lion's witnesses that, without re- ply, the driver was struck under the chin by Revenue Officer Tullon. In answer to the driver's shout Leung Choi, one of the firemen arrived in time to see a blow being aimed at the driver, who success fully dodged with the result that the steam gauge was broken by the spanner which the revenue officer had in his hand.
The fireman, who had been un coupling the engine, was carrying Apanner, which he had been using, and it was stated that he was also struck on his appearance in the engine cabin. The men denied that there was any opium on the train or that they had as- saulted the revenue officer.
Under cross-examination, the witncares were informed by Mr. Andrewes of discrepancies in their evidence as compared with a state ment, which each had made the day following the incident, to Mr. J. Smith, through an interpreter. One witness intimated that what he told Mr. Smith was "what he had told the Court' and thought that the interpreter had made a mistake,
Case to Answer.
At the conclusion of the evid- the prosecution Mr. ence for
WEDNESDAY, DECEMBER 18, 1929.
CHARTS AFFECTED.
'NEW SOUNDINGS NEEDED
OFF NOVA SCOTIA. Halifax, Nova Scotia, Dec. 17. Reports from the fleet of cable ships now attempting to repair cable breaks caused by the recent earthquake on the Atlantic coast indicate that the ocean bed has radically changed over the affected aren, and must be re-charted,
The Swedish liner Kungsholm arrived from Gothenburg, and the captain said soundings taken in an area of two hundred miles in length approaching. Cape Race showed variations of forty to fifty fathoms from the soundings re- Only corded in existing charts.
a few chart soundings were found to be correct-Reuter's American Service.
case to answer he would call Re- venue Offear Tallon.
Mr. Androwes said that revenue- officers had instructions not to interfere with the work of the railway employees when a search was being made. The reason was that it was desirable that the train should be taken out of the station as quickly as possible. When the oplum was found in the, engine! cabin on the day in question, Re- venue Oficer Tallon sent a Chin- ese R. O. to find Mr. Winyard, but the Railway official was not at the station. "On returning he asked a ticket collector 10-go to the en gine to witness the seizure of tha opium.
As to what happened on the engine, Mr. Andrewes said that Revenue Officer Tallon would say that a lump of con! had struck him, and seeing the form of Leung Chol through the steam he struck und hit the fremun.
Revenue Officer's Story,, Giving evidence, Revenue Officer Taflon Bald that he had been in the Imports and Exports Dopart ment for seven years, and had had considerable experience in opium. He could tell ruw oplum by sight.
On October 10 witness said that
he went to the station with party of fokis and after he had despatched them to their various posts to search the gassengers, he and one of the men went to the engine.. As witness approached he saw one man jump off the cabin on the track side of the engine,
When witness boarded the en- gine the only person there was Sung Kam, the driver. Witness romained on the platform side of the cuhin while his foki went round the other side. On opening a drawer 'under the driver's seat witness found it half full of what he recognised" 16, be raw oplum. After picking up two packets ho replaced them and closed the drawer again, while he sent the foki-to summon Mr. Winyard. At the same time witness told the driver to carry on with his work.
13
Driver's Alleged Act.
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Witness said that his instruc- tions were not to interfere with the machinery until the engine was taken back to the depot. That was why he had replaced the two packets of opium,
Continuing, witness said that the driver deliberately smashed the steam gauge with a spanner On looking into the cablu wit which he had found either on or ness saw the form of a man
in reply to a further question in the tool box. Witness had through the steam and struck the Andrewes intimated that the evid never been in an engine cabin person with the spanner. After witness repeated that if he had ence was inconsistent, but his before when the steam gauge had alighting from the engine witness known what would happen subse- Worship remarked that although been smashed.
waited for a short time for the quently, he would have taken all
the oplum from the drawer. it was conflicting in some detatis Mr. Andrewes: What was the steam to clear.
Mr. Rendall: May I put it to Revenue Officer Tallon had a case effect on you?
Witness said that the plum to answer as it had been shown.
Witness! I was in front of the could easily have been disposed you that you may have been mis- that the men suffered severe In-gauge at the time and boiling of. It could have been thrown taken? There wasn't any opium juries.
water was coming out. I didn't into the fire or out of the train there?
Witness: I am absolutely cer- Mr. Andrewes Intimated that it know what was going to happen. When a second search was madej was admitted Revenue Officer I had no idea what was going to the drawer, in which the opium tain of that fact.
Continuing, witness said that Tallon had inflicted the injuries, happen.
had been seen, was empty.
when he had alighted on the plat- but that he had the strongest Mr. Androwes: 1 suppose, it
Cross-Examination. justifications for the assault. caused you considerable surprise?
form he watched the engine cabin, Mr. Rendall: I put it to you that which was full of steam, but did His Worship, remarked that heIt did. would say that even if there had What did you do?-I immediate when he (the driver) moved as he not see anybody take the opium been opium on the train a revenue ly closed with the driver to get did you thought he was going to from the drawer. officer was not justified in laying possession of the spanner and attack you and you aimed a blow a man out unless it was in self having got possession I made my at him? defence.
way out of the enbin.
glancing blow on the right should going to happen he would have in drawing his weapon because he er., Witness stated, in raply to Laken the whole lot. Witness add- had been hit. Mr. Andrewes, that when heed that he had intended thorough- snatched the spanner from the ly to anarch the engine after it driver he was not thinking of be had been taken back to the depot. ing gentle with him.
Mr. Rendall: Opium has a habit of disappearing hasn't it?
Witness: Yes.
Mr. Andrewes replied that his ease was that the injuries were inflicted in self-defence, and if his Worship held that, he had a
· SALESMAN ŞAM
KILOME PLACE ON THE
"
Witness added that as he was making his way out he received a nasty knock on the back of the left hand and at the same time a
MEBBE HE'S
HERE'S SOMETHIN' FROM WAY UP WHERE IT'S COLD- | WRITIN' FER
MUST BE FROM. SAM-
MONEY-
VERGE OF THE FAR NORTH, SAM IS STILL
CHUGGING ALONG ON HIS|| 3. MOTORCYCLE,]İZLEM WHILE BACK Co.
HQME
OFFICE BOY
RED
STARTS
SOME
EXCITEMENTS
us.
GUNFENDER
TEA
KEEP MATCHES
AWAY
Witness (emphatically); I"did} not.
When asked why he did not taka some of the dplum, witness replied that if he had known what was
There With Both Feet
(KIN YA BEAT: THIS, MRS. GUZZ? I'SAM SENT US A PICTURE OF
HIMSELF HE'S IN THE ARCTICS.
ALREADY!
KREDIT
TO KESH CUSTOMERS,
ONLY
WE'RE
STRONG ON
WEAK
FISH
WHAT?IMPOSSIBLE!
HE'S ONLY BEEN GONE SIX DAYS!
602219
PRIVAT
IWACK
On being asked why he did not arrest the men, witness repeated his instructions, and when told that the train was not taken back by the driver witness said that he did not wait, as he was "so dis gusted with their conduct that he left them to it.".
Mr. Rendall: So that you were willing not to take any proceed- Ings against them for the opium that you had seen?
w
C
Witness replied in the negative, and added that he would have re- ported the matter to the Superin- tendent of Imports and Exports the following day.
Re-examined by Mr. Andrewes, witness said that it was as a re-, sult of a previous seizure, that the instructions not to interfere with the duties of the driver were is sued. On that occasion the Rail- way authorities had" remonstrated very strongly with the Imports and Exports department for ar resting the crow of an engine at the station.
Disgusted With Conduct, When asked if he had been arm ed, witness replied that he had been but would not think of using his revolver among Government servants, nor did he feel justified this afternoon,
IL KNOW IT- BUT HE'S: IN THE ARCTICS'
·JUST TH′ SAME- TAKE A LOOK AT
HIS FEET!
The case was adjourned until
By Small
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