1930-06-12 — Page 10

The

THE HONGKONG TELEGRAPH, THURSDAY, JUNE 12, 1930.

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MR. BRAYFIELD AGAIN FINED.

SUMMONED FOR CAUSING OBSTRUCTION:

FRAUD ALLEGATIONS NOT PROVED.

CHINESE MANAGER ACQUIT- TED ON 23 CHARGES. "Had the complainant naked, or taken the trouble to go through the books with the defendant, I am of these charges sure that none would have been laid.. There is absolutely no evidence on any of them."

The prominence of a notice sus- pended at the entrance of the Kow- loon Railway Station notifying motorists that parking under the archway was prohibited, was ques- tioned by Mr. J. T. Prior before Mr. Whyte Smith at the Kowloon

These remarks by Mr. Grantham, Magistracy yesterday afternoon, when Mr. T. H. G. Brayfield was in the Central Magistracy yester summoned at the instance of Mr. day afternoon, presaged, his dis- of the missing 22 charges of larceny, Robert Baker, manager Rallway, for causing an obstruc-forging and uttering and fraudulent conversion against Kwok Chan tion to the approach..

Mr. L. R. Androwes, Assistant Sing, a young Chinese, formerly House Crown Solicitor, appeared for the manager of the Health prosecution, and after drawing his Washing and Disinfecting Bureau. Worship's attention to the rule Mr. E. C. S. Brooka, who pro- prohibiting parking under the arch-secuted, alleged that defendant had way, sald that on the 14th, 16th illegally obtained several sums of and 16th May, Mr. Brayfield parked his employer's money for the pur his car No. 924 under the archway pose of financing a typewriting at the approach entrance of the school which he had begun. Kowloon Railway Station. He bad not previously obtained permission. It was left there practically the whole day.

On the 14th and 16th certain re- pairs were carried out on the car whilst it was left outside the Eta- tion. On the first day part of the hood was painted, while on the second adjustments were made to the engine. On May 21 a summons was issued against Mr. Brayfield and since then there had been no complaint against him.

Watchmen's Evidence.

A watchman on duty at the Sta- tion gave evidence of having seen Mr. Brayfield drive his car to the approach and leave it there on May 14 and 16 although witness had signalled to the driver that he was not permitted to park his car under the archway. Witness men- tioned that on May 14 a Chinese later arrived and started to paint the hood.

Another watchman who was on duty on May 16 stated that he saw the defendant's car left under the archway on that day.

In reply to Mr. Prior witness said that he did not see a Euro- Station pean from. the Railway throw any tools into the road whilst a Chinese was making adjustments to the engine.

Defendant was examined yester day by his counsel, Mr. F. X. d'Almada senior, and was subject- ed to a lengthy cross-examination by Mr. Brooks. It was not his in- tention to defraud the Bureau he said and his evidence was a denial of all the charges. Complainant, ho said, had not asked him for any explanation of the accounts nor had he made examinations of the books. He (complainant) had looked at several of the account books of the school when defendant had shown them to him, but did not ask for any explanation,

The Court was not concerned with the question whether defen- dant was a good or a bad manager or if his

instant dismissal was justified, Mr. Grantham declared. It was concerned only with the question- whether defendant had acted in such a dishonest way as to bring himself within the criminal law. The prosecution had not proved any of the 22 charges and they would all be dismissed.

THE WATER SUPPLY.

BIG INCREASE IN AMOUNT

IN STORAGE.

In consequence of the heavy Mr. R. Baker said that the ap rains last week, the quantity of proach was under his control as water storage in the reservoirs of been greatly administrator of the Railway. He

the Colony has

The total storage in saw the defendant's car parked increased. under the archway, certainly on May 14 and 15, and he thought it the laland reservoirs on the morn ing of Monday, 9th June, amount- was there also on May 16. He had cd to 908.68 million gallons show- given no permission for it to be there. A notice board was susing an increase of 307.51 million

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pended at the entrance to the arch-gallons during the past week; the WHY SWELTER

way forbidding the parking of cars there.

Mr. Baker Cross-Examined. In reply to Mr. Prior, witness said that the Railway Ordinance gave him control of the archway which was the property of the Railway authorities. Formerly the Railway controlled what Mr. Prior described as the ferry circus," but that had now been surrendered to the Government.

Referring to the notice board at the approach, witness said that he was willing to accept that it was 11 feet 3 inches high, while there were other notices which were but

eight feet or even less from the ground. Witness, however, pointed out that the lower notices were on the sides of roads and not "over sailing" the roadway as was the case with the board at the Kowloon Station archway.

Mr. Prior: You have never given Mr. Brayfield any notice at all?

Mr. Baker: I have never given the public notice.

You have never rung him up or sent him a chlt?-He won't speak to me. He won't accept my chita.

Mr. Prior suggested that on each occasion when Mr. Brayield had left his car at the Station proach the parking space at Kow- logn Point was always full, but wit- ness said that that was not true and even if it were, it would have noth ing to do with him.

ap

amoant collected from streams being 361.17 million gallons.

The week's consumption amount- ed to 62.74 million gallons which includes 9.08 million gallons from the Shing Mun Supply.

Kowloon Supply.

The total storage in the main- land reservoirs on the morning of Monday, 9th June, amounted to 835.05 million gallons showing an increase of 41.57 million gallons during the past week.

The week's consumption, not including Hongkong supplies and 1.95 million gallons delivered to Water Boats at Lai Chi Kok, amounted to 80.77 million gallons.

The yield from the Shing Mun River and streams during the week was 83.37 million gallons.

belonging to a man who was repair- ing the defendant's car.

A Conviction Registered. Mr. Andrewes elicited from the witness that nobody had ever com-

plained of the notice board at the approach, nor had refused to take their cars away. when requested.

His Worship intimated that he had seen the notice and thought it was a reasonable one.

Mr. Prior argued that it was not sufficiently conspicuous and was not one that "hit you in the eye" as such notices should. Notices should be "offensive" in appearance so that people would see them. He on the point and said that one pointed out that the Railway Sta morning he had been behind Mr.tion notice could not be seen if a Brayfield. When witness arrived

Witness was questioned further

at the ferry he found at least two driver had the hood of his car ap. Mr. Prior intimated that he had He remarked spaces vacant: Mr. Brayfield, how-

was being ever, had gone somewhere else first no evidence to offer. and arrived three minutes after that Mr. Brayfield witness. In those three minutes singled out by the Railway Au- somebody might have taken up the thorities although several others were allowed to park their cars two spacca.

under the archway. He pointed out that Mr. Baker had turned off. the water. from Mr. Brayfield's house........

Notice Stuck on 'Defendant's Car. Witness admitted that he had given instructions for a small notice to be stuck on Mr. Brayfield's .car as was the usual practice when cars were parked under the archway without permission. The notice asked the driver to please observe the "No Parking" notice. It would be placed on the left wind screen, but if no notice were taken of it an other would be pasted on the front screen where the driver could not fail to see it.

Mr. Baker: Why doesn't Mr. Brayfield pay for the water?

His Worship registered a con- viction but indicated that he merely regarded the offence as one of park. ing outside the white lines, al- though Mr. Brayfield had parked outside the white lines and had trespassed on the Railway property. Mr. Andrewes produced a pre- vieus conviction against the defoa- Answering & further question dant who had been bound over.. witness said that he had never His Worship remarked that it given Instructions for Mr. Bray- was not a conviction for obstruc-

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not know until afterwards that an employee of the Railway had moved the car. He denied, however, that the fender had been dented." Nor was he aware that any European official bad thrown away some tools

consideration.

Mr. Prior described the action of the Railway Authorities as insolont oppression and remarked that they had their "drives" annually.

The defendant was fined $5.

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