1930-05-28 — Page 2

Another Amazing Descriptive Ballad

THE

VILLAGE BLACKSMITH

As great a Triumph as

THE TRUMPETER

THE HONGKONG TELEGRAPH, WEDNESDAY, MAY 28. 1930.

MR. BRAYFIELD AND THE RAILWAY.

Collector's Evidence.

The Chinese ticket collector said that when Mr. Brayfield appeared ho said to witness "punch It," but

CONVICTIONS RECORDED ON as he could not see the ticket clear-

SUMMONSES.

A conviction was registered against Mr. T, H. G. Brayfield on two summonses taken out against him by officials of the Kowloon Canton Railway and fines of $5 on each were imposed by Mr. Whyte Smith at the Kowloon Magistracy yesterday afternoon.

The charges

that -were

ho (1) wilfully obstructed or impeded Mr. F. Winyard, a rail- way servant, in the discharge of his duty, in that he did refuse to show his ticket for the purpose of examination, or, at least, that he

Columbia showed it in such a way that it

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was impossible for the complain ant to examine it, on May 8 (2) wilfully obstructed or im peded Li Yan-leung in the discharge of his duty in that he did refuse to show his ticket for the purpose of examining or punching it, or, at least, that he showed it in such a way that it was impossible for the complain ant to examine it, on May 8.; (3) unlawfully did without permis віоп of the Administrator of the Railway, leave or cause to be left motor-car No. 324 on the railway premises or approach thereto which is under the control of the Administrator on May 14; 15 and 16.

Mr. L. R. Andrewes, Assistant Crown Solicitor, appeared for the Railway officials, and Mr. J. T. Prior was for Mr. Brayfield.

The Magistrate, at the outset, pointed out that the three sum monses related to two different subjects and asked which of them the Crown wanted taken first, or whether they could be all taken to gether.

Mr. Andrewes suggested taking the obstruction summonses first as they related to an earlier date than the other.

Mr. Prior asked that the motor car summons be proceeded with be fore the other, as he would like to question Mr. R. Baker, manager of the Railway, on the general aspect of the case, because Mr. Baker might not be called in the other two incidents.

ly he did not dare to punch it in case it had already been punched.

Under cross-examination, the witness denied that Mr. Brayfield had proffered the whole ticket. He said that the defendant had a half ticket between his thumb and finger. When he first saw Mr. Brayfield witness said "ticket pleaso" and extended his hand to receive it, but did not demand that Mr. Brayfield should give it to him, as the defendant withdrew the ticket when witness extended his hand.

"It Is My Property.".

Mr. Winyard was next called.

He said that when be asked the de fendant for his ticket the latter ro- plied that he had already shown it at Kowloon, and when witness told Mr. Brayfield that a report had been made that the defendant had not done so the defendant produced his ticket and held it at arm's length away from him. On being told that witness wished to examing the ticket, the defendant replied, "I will not allow you to touch it; to handle it.” When witness held out his hand the defendant told him to take it away as he would not let him handle the ticket and that was definite. The defendant also in- timated that the ticket was his pro- perty.

Witness mentioned that he could not see what sort of a ticket it was except that it was white.

Replying to Mr. Prior witness said that each ticket collector had a different pattern punch so that on seeing the mark the officials would know. which collector had punched the ticket.

Mr. Prior: Had you any doubt that Mr. Brayfield had a proper ticket?

Witness replied that Mr. Bray- field had a great sense of humour, and pointed out that the defendant had travelled on the train on a third class ticket with a first class ticket in his possession also.

Answering another question, wit ness said that a complaint, which Mr. Prior suggested had been made against Mr. Brayfield, had not been made by witness.

Mr. Prior: Except on one oc- Mr. Andrewes intimated that Mr.casion have you ever known Mr. Baker would be called in both, and Brayfield to travel without a ticket? it was agreed that the obstruction of the Railway officiala be settled first.

Railway Rules.

Before going into the facts of the case, Mr. Andrewes drew his Wor- ship's attention to the various sections of the Ordinance and to different Railway rutes issued by the authority given in the Ordin- ance. Emphasis was laid on the fact that mutilated tickets were not valid and also that the ticket issued to a passenger still remained the property of the Railway authori- ties.

Mr. Andrewes pointed out that there seemed some misappre- hension on the part of Mr. Bray field ho appeared to have thought that having bought the ticket and paid for it, it was his property.

Special Attention. Witness: I have never heard myself but I have heard that he has; paid excess fares.

In reply to his Worship, Mr: Winyard explained that if a pas- senger had no ticket he would have to pay "excess fare."

Witness said the had not heard of any inspectors taking away a ticket from Mr. Brayfield some eighteen months ago.

most

Mr. Prior: It would be unwise to give his ticket to a rail- way official wouldn't it?

Witness: Unwise? Why? Supposing one railway official took his ticket away, couldn't he be accused by another of not hav- ing a ticket.

Mr. Winyard replied that if the ticket were taken away it would be returned to the owner who would surrender it at the completion of his journey.

Mr. Prior: Mr. Brayfield has had special attention paid to him?

Witness: Why?

Continuing, Mr. Andrewes said that Li Yan-leung would say that he was on duty on May 8 punching tickets for the 5.40 p.m. train from Kowloon. About five minutes be- fore the train left, Mr. Brayfield arrived and produced his ticket in his right hand between his thumb I don't know why. Hasn't he? and fore finger thus covering it in He has acted in such a manner that such a way that only the words we had to pay particular attention "New Territory" could be read, the to him. I have reported to the word "residents" and the destina-manager but this is the first action tion together with part of the have taken against Mr. Brayfield. number being hidden by Mr. Bray- Mr. Baker's Evidence. field's thumb.

Mr. Robert Baker went into the witness box and was asked several questions by Mr. Prior. He said that the object of punching tickets was to see that they were not used twice and also to ensure that pas- sengers travelled only from and to the stations mentioned on the tickets.

Mr. Andrewes demonstrated the manner in which the defendant was alleged to have held the ticket and intimated that the ticket collector's punch was constructed in such a way that it would not operate un- less a considerable portion of the ticket were exposed.

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ten or his instructions. In reply Mr. Brayfield had written a letter but he could not remember whether he had seen it or not.

Golfers' Tickets.

Mr. Prior: The accusation in that letter was dropped?-No, we asked for an explanation.

Was any explanation given?-I think Mr. Andrewes showed me the letter but we got no explanation. It was not a complete explanation.

And was it satisfactory?—No, it did not satisfy me.

Does the letter concern a rieket of this sort (ticket produced) I j think so.

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You will notice that one of these tickets is punched?—Yes.

Is that correctly in Mr. Bray- field's possession?-No; These tickets are issued for members of the Golf Club and Mr. Brayfield is not a member.

But he was a member of the Golf were Club when these tickets issued?Yes, but he is not entitled to use them now. When ha ceases to be a member these tickets cease to be available to him.

His Worship remarked that he had never seen such tickets and was informed that they were: issued ́in 1921.

Mr. Brayfield went on board the Witness said that the defendant train without having his ticket had. travelled without a ticket on punched and the collector reported more than one occasion. Mr. Bray- the incident to Mr. F. W. Winyard, field had applied for a season who boarded the train, and, be- ticket for half a month but it was tween Yaumati and the tunnel, refused him as the Railway, did not went to Mr. Brayfield. The latter issue tickets for half a month. He Mr. Prior: Is it stated on the held bis ticket at arm's length away had never been refused a full ticket that they are available to from Mr. Winyard and refused to monthly ticket.

members of the Golf Club?--No, I show it remarking that it was his

have a copy of a letter sent to the property.

Hon. Secretary in 1928.

These tickets were issued in 1921 I think?

Mr. Winyard accordingly report ed the matter and as a result the present summonses were issued.

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Witness admitted that a letter, asking Mr. Brayfield for an ex- planation as to why a ticket he had produced on a certain date had con- tained two punch marks, was writ-'

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