1932-02-19 — Page 7

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FATAL MOTOR®

SMASH.

DRIVER CHARGED WITH MANSLAUGHTER.

The fatal accident in Waterloo Road on Wednesday when un earth coolle was killed had a se- qual at the Kowloon Magistracy bafore Mr. Fraser this morning when a lorry-driver named Yong Kam-Joung was charged with manslaughter.

It was allowed that whilst in trying to overtake another lorry. defendant's vehicle collided with a handtruck in Waterloo Road near the Kowloon Hospital, kill ing a man between the shafts and injuring two others.

Inspector Mason applied for

SHIP COLLISION:

JUDGMENT

N. Y. K VESSEL TO BLAME.

THE HONGKONG TELEGRAPH. FRIDAY, FEBRUARY 19, 1932.

C. N. CO. SUCCEEDS.

8.4.

Declaring that the Toyooka Maru was the chief contributory to the collision with the

(Sir Kinngou, the Chief Justice Jureph Komp) this morning gaze his judgment for the China Navi-

er Company against the Nio- pon Yusen Kaisha.

The Chief Justico found in favour of the China Navigation Company in both instances, allow. remand when the case was mening, their claim for $40,000 and tioned this morning, and his Wordlemissing the counter-claim chip necordingly remanded the $40,554. Con until to-morrow morning.

NO REPLY SENT TO

ULTIMATUM.

(Continued from Page 1.) hai are contributing financial as alatance to the Nineteenth Route Army. Representatives of the public bodies will look after the fund.

of

Mr. Elden Potter, K.C., and Mr. F. C. Jenkin, K.C., instructed by Mr. M. Mr. Watson of Megara. John- ston, Stokes and Master, were for the plaintiffs and Mr. H. G. Sheldon, instructed by Mr. E. S C. Brookes. of Messrs. Hantings, Dennys and Bowley, was for the Article. Nippon Yusen Kalsha.

hia

The Judgment.

After reviewing the circum- stances leading up to the collision

Lordship said, in part: the main cause, at least, of the have no hesitation in anying that

was the action of the Toyooka Maru in crossing the penen with fairway into fog. It was a very

BUSINESS FEELING. The Associated Chambers of Commerce In China, with their collision headquarters in Shanghai, held a meeting to discuss Japan.

り

Words are not needed to describe this picture which shows a small section of ruined Chapsi following the terrible fires and bombardments of the past fortnight. There are scres of territory lika this all displaying the enormous ruin and havoc created in this once crowded area.

On the other ground of com- plaint hold that the Kiangsu was to blume. She may have been justified at firat in assuming that

Maru were those of an outward the fog signals of the Toyooka

bound ship which would obey the |

starboard rule, and so that they

were the signals of un ascertained | ship, but at 7.47 a.m. at intent when those signals had become nearer and finer on the port bow, j he should have realised that the other ship was not behaving as a normal outward bound ship would

dangerous course to take, and ako The meeting resolved Chat)

hat I might with safety have anchored in so long as the Japanese declined to the then clear water to the south leave Chupet and Woosung there or south-east of her 7.13 a.m. pasí- should be un peace negotiations. tios. She was perhaps again at They further hold that settlement fault in not porting when Rhe of the Shanghai "war" must be

heard the Klangau's fox signal at negotiated together with the Man-7.44 m., but I do not so find and chuclan problem. This meeting do not base my judgment in any denounced the proposed estabilsh-

way on that allegafton. I think ment of a buffer zone in Shanghai that it la no answer, to my finding behave, and she should have then insisting that the Japanese must clear out.-Renalin,

Maru had

above, that the

Toyooka "reached an anchorage ground and should have been safe" One reply to that remark is that she had not anchored but was still moving across the area, with fog SUGAR TRADE. | signals sounding on her starboard

WORLD DIVIDES

CHADBOURNE EXPORT QUOTA SCHEME.

Brussels, Feb. 18. The International Sugar Con- ference has agreed to Mr. Chad- bourne's scheme for the limitation of sugar production.

Under the quota system now endorsed, Java la allotted a 1932 export quota of 1,350,000 tons, Cuba is allotted an export quota of 2,350,000 tons, Germany's omit la 350,000 tonn, Poland is permit ted 308,000 tone in exports, Czecho-Slovakia's share in 570,000 tons, lungary's 34,000 tons, Bel glum. 30,000 tona and Peru's 371.

000 tona.-Reuter,

SILVER

MARKET

IDLE.

HONGKONG DOLLAR

bow.

Collision Avoidable.

treated that other ship as an un- ascertained ship and she then im mediately stopped her engine, but continued on her course.

Quertion of Onux.

It was impossible on the ev dence to say If the nonstoppage st the engines had Ray physical I have also come to the concha-f effect in helping to produce the sion that after sighting the other collision. If the Klangsu's engi- ship, the Toyooka Maru could❘nea had been stopped, there might have avoided the collision by at have been no collfeton, but, on the once dropping anchor, an obvious other hand, the collision might manoeuvre and one which ought have been worec. aluost to have been automatie un- less the Toyooka Maru had then no way on. I find that she had way on. The master admitted that it would have been bad weа- manship not to drop anchor if the Toyooka Mara had had way on, but he said that she was at a standstill.

As the evidence did not clear up the point, one was driven back on onus. He need not give his: reason, said Sir Joseph, but he had come to the conclusion that, as the Kiangau had broken- statutory rule, and had done a wrong thing in regard to another vessel, the Another important piece of the wrong thing did not physical- onus was upon her to show that evidence Maru's stem was bent to port by She obviously failed to discharge 1s that the Toyooka ly contribute to the collision. the impact. This would have been very difficult to explain if that onus. That finding, however the Toyooka Maru had been did not dispose of the matter, be- cause of the "subsidiary" rule, stationary in the water, seeing that a ship, herself antecedently in that the Kiangsu was then turn- ing under starboard helm. The fault, can nevertheless recover in full if the other ship, also in fault, erew of the Toyooka Maru were standing by to anchor, the could have avoided the collision operation could have

per by the exercise of ordinary care formed at once, and the Assessor and skill. agrees with me that the first an- ehor dropped would have had an almost immediate effect, and that In the present case he was sati- there would have been no colll-shed, that it was the Toyooka Maru sion. The Toyooka Maru was which mainly contributed to the accident and the rule was here invoked in favour of a ship which contributed in only a minor degree to the collision. Further the Kiangau's negligence was not the initiating act of the manoeuvres which resulted in the collision, but was a negative default into which slie was betrayed by the positive negligence of the Toyooka Maru.

been

DECLINES. Silver is unchanged both in London and New York, but the local dollar has dropped 1/8th, the demand rate being la. 6. 3/16d. thus at least the main cause of London reports a fentureless the collision, and she could also market, with conditions very j by ordinary care and skill have salt. After the official fixing, avoided it at the last moment. the market ruled idle.

New York is also unchanged, but the market is steady.

Locally, the market is a little steadier than yesterday, but there is practically nothing doing.

DE BEER'S CLOSE DOWN MINES.

STAGNATION OF INDUSTRY.

Kimberley, Feb. 18. It is officially announced that Da Beer's mines are being closed down on March $1 owing to the very serious conditions prevailing in the diamond trade.

The company considers that a complete cessation of diamond pro-] duction will tend to produce con- fidence in the trade and will lead to an earlier revival of the diamond Industry-Renter.

HOME FOOTBALL RESULTS.

LEICESTER DEFEAT WEST HAM.

London, Fob. 19. League football matches played to-day, resulted as follow:

First Division.

Leicester.

2 West Ham Third Division (North).

Walsall Accrington

2 Tranmere

0. Barrow

-Reuter.

Excessive Speed Not Proved. The next point is the speed of the Klangai. The master said that at the moment of sighting he was going at "about 6 knots over the ground", or "about knots through the water", thus putting the tide at about 2 knots. a: master of the Toyooka Maru puts the tide at about 1 knot. The Kiangau's preliminary act puts the tide at "11⁄21⁄2 to 2 knots' I have taken it ns 15% knots, and the Assessor agrees.

It would appear therefore that the Klangsu was going at a little more than 4 knots through the water on her own showing. .. The onus was on the Toyooka Maru to prove excessive speed, and she has fall- ed to prove any speed higher than a little over 4 kuota through the

water.

Border Line Case.

Mainly Contributory.

It was argued that even If the Toyooka Maru wan to blame in not anchoring, she should be excused on the "agony of the collision" principle, but ho thought that that principle was inapplicable in the case of a ship which was herself mainly respon sible for the existence of the agonising moment.

Could Have Avolded Collision.

FANLING GOLF.

A

STARTING TIMES FOR SUNDAY.

New Courne.

0.32 .:. G, T. May. W. D. Harris. 0.40 am. J. Gardner, Mrs. Watson, 9.48 nm, Mrs. Sherry, J. S. Dyken. 10.44 m. R. A. Rodgers, Mrs.

Rodgers.

Old Course.

-

9.12 sam. H. Dulley, J. B. Lanyon. 9.14-9.20 a.m. Not to be booked H.28 a.m. by travellers

Train

On

9.21 a.at. W. 1. Vallance, C. W. F.

Benker.

9.28 a.m. A. S. Adamson, J.

French.

J.

9212 a.m. A. D. Humphreys, R. C.

LUN

9,30 m m. L. li. S. Dodwell, O. E. C.

Marton.

Bu Larry Montes, E. D.

Matthews.

544 a.m. W. Stewart, J. G. Camp-

bell.

9.48 a.m. C. B. Johnson, A. B.

Raworth.

9.52 a.m. G. A. Leiper, H. M, Muir, 0.58 a.m. J. D. Humphreys, J. W.

Alabaster,

10.00 .m. Kidd, P. S. Grant. 10.04 a.m. L. M. S. Lloyd, J. R.

Collin.

10.08 m. G. Thomerson, E. R.

Price.

10.12 .m. C. C. Starke G. F. Hole. 10.16 a.m. W. D. Deaharri, A. G.

Coppla

10.20 m. A. R. 'Cox, A. Webster. 10.24 J. Harro»,, H. 3. Dinsdale, 10.28 aim. A. E. Lissaman, W. C.

Shields.

10.32 am. L. Yates, C. Mycock. 10.36 0.

G. Thwaites, W. C Clack, 10.40 am, Y. Segalen, W. S. Hillier. 10.44 m. A. W. Muir, L. Hampton. 10.48 a.m. G. W. Tolmie, D. J.

Mackio.

10.52 a.m. E. Stone, W. A. Weight. 10,50 am, C. W. Jeffries, J. Coul

thart.

11.00 am. E. des Voeux, F. A. Red-

mcnd.

11.04 m. K. K. Valentine, W. M.

Bartos.

11.08 a.m. S. J. H. Fox, 1. H. C.

Highet.

11.12 .m. G. R. M. Robertson, R.

M Giddy.

11.10 p.m. G. C. Worrall, R. C.

Webb.

11.20 a.m. A. O. Brawn, E. J, Ed-

wards,

11.24 a.m. A. Reld, 11. A. MI.. 11.28 a.m. J. K. Jones, D. Black. 11.32 a.m. G. R. Horridge, J. Divett, 11.30 a.m. T. J. Price, H. G. Waf-|

lington,

11.40 sin. A. J. R. Wolff, H. Lowe, 11.64 a.m. T. R. Chasselt, J. Thayer. 11.48 a.. B. J. Lacon, E. Kern. 11.62 a.m. J. D. Danby, C. c.

Roberts.

11.50 am. R. Stock, C. F. Hyde.

MOTORIST FINED TEN DOLLARS.

FAILURE TO CARRY

LICENCE DISC.

RADIO BROADCAST

A LECTURE ON INFANT WELFARE.

By Z. B. W. on a wavelength of 356 metrez (845 K.Cs).

6.00-7.00p.m. Chinese Programme. 6.00-8.30 p.m. The 3rd of a series of lectures on "Infant Welfare" by Doctor K. 9. Shin, M.B., B.S."The Growth and development of Children." 7.00-10.80 p.m. European Pro- gramme of Victor and H. M.. V. Ror cords.

7.00 p.m. Stock Quotations, Mail Notice, etc.

7.05-7.27 p.m.

The Fire-Bird (Igor Stravinsky).

Philadelphia Symphony Orchestra conducted by Leopold Stokowski. 6779-6775.

7.27.7.44 p.m. Sonata Appassionata (In F Minory

(Beethoven).

Harold Bauer (Planist). 1st Movement-Allegro assal, 2nd Movement-Andante con moto, 3rd Movement-Allegro ma non

troppo. 6697-6498, 8.00 p.m. (Local Time and Wea. ther Report).

7.44-8.60 p.m. Operatic. Song-Mignon-I'm Fair Titania

(Thomas).

Song-Tales of Hoffman-Doll Song

(Offenbach).

Marion Talley (Soprano). 6713: Orchestral-Madam Butterfly-Selection

(Puccini).

New Light Symphony Orch, 01429. Song-Pagliacci-No! Punchinello No

Moret (Leoncavallo). Song-Pagliacci-On With the Play

(Leoncavallo).

Giovanni Martinell! (Tenor), 0754. Violoncello Solo-Dia Meistersinger-

Prize Song (Wagner-Wilhelmj). Violoncello Solo-Tannhauser-The

Evening Star (Wagner).

Pablo Casals. 6820 Song-Tales from the Vienna Woods (Betti-Strauss-La Forze)........ Lucrezia Bori (Soprano). 6800. Orchestral-Samson and Delilah-

Bacchanale (Saint-Saoney. Orchestral-Damnation of Faust-

Rakoczy March (Berliox). Philadelphia Symphony Orch. 6823. Song-Don Quichotte-Finale

(Haizenot).

Feodor Chaliapin (Bass). 6393. 8.50-9.47 p.m. Variety. Humorous Song-Fonso (My Hot

Spanish Knight). Humorous Bong-I Just Can't Figure

It out at AL.

Gracle Fields. 23565. Orchestral-Cupid's Holiday. Orchestral-Poor Little Gigolette.

Cola McElroy's Spanish Ballroom

Orchestra. 22850. Chorus "Dear Love”-Vocal Gems.

Light Opera Company. | C1809. Humorous Song-The Empire Party

Bong. Humorous Song-Fat Flat Flab._

Leslie Barony, B8473, Piano Bolo-Let Love Take Care

of You. Piano Bolo-I Found You.

Rafe da Costa, . 18987. (This record is by special request.) Bong-The Song of the Dawn. Song-It Happened in Monterey.

John Boles (Tenor) 22872. Band-The Girl Friend-Belection.

"Keltic'

and "Bective"

FOOTWEAR,

For Mon

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They are designed by highly skilled craftsmen working upon the finest materiala and will be found economicat and surprisingly durable in wear. All sizes now showing

from size 4 to 11 in Black and Brown Calf suitable for

all occasions.

Sole Agents

WM. POWELL LTD.

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GORDON'S SHOES HAVE

WON THEIR WAY TO POPULARITY ON MERIT ALONE ̈

AND THEIR DEMAND INCREASES EVERY

DAY

GORDON'S, LTD,

Footwear Specialists,

22, Queen's Road C.

COMING SHORTLY

WHO

TO THE KING'S .....

SALESMAN

EMBEZZLED.

CHINESE NEW YEAR TEMPTATION.

Savoy Orpheans. Citov. "I think the sooner

we got rid Camp Songs-Actually recorded at of Chinese New Year the better," H.R.H. The Duke of York's Camp, arallingly remarked Mr. Wynne New Romney.

BC1804. 9.47.10.05 p.m.

that a

WQB

Mr. F. Burrell, of Mensre. But- terfield. & Swire, was summoned before Mr. Schosseld at the Central

Jones at the Central Police Court He therefore came to the con- Magistracy to-day, for parking his

Variations Symphoniques (Cer this morning when he was inform-

Chinese who clusion that though the Kiangsu

Franck) Alfred Cortot and London on February 7, in Mount car,

ed was negligent in not stopping her Kellett Road, prohibited to motor. Symphony Orchestra conducted by charged with embezzlement, had ongines at 7.47 a.m., yet that wan traffic, and for falling to carry an

Bir Landon Ronald.

6734-6785, yielded to temptation because ha not in law a contributory cause of

ilcence Iisc. The

10.05-10.27 p.m. Orchestral.,

had no money for the festivities. the collision, because the Toyooka #ppropriate

Funeral March of a Marionette

The defendant, a salesman In') (Gounod). San Francisco Symphony Orch. 8689, the furniture department of the Midsummer Night's Dream

(Mendelssohn).

occurred between

the

War

of the Klangsu was any case ex-collision by the exercise of ordin- Memorial and Matlida Hospitals.

It was also urged that the speed Maru could have avolded the police stated that the incident CeRaivo because of a certain ruleary caro and skill, L.e., by dropping of practice which has been laid anchor. down in, various WBY8 in different cases.

Wing On Company, was charged with embezzlement of $25.40. San Francisco Symphony Orchestra A plea of guilty was entered. by

under the direction of Alfred the defendant.

Hertz. 6075-0376. 10.27 p.m. Rugby Mid-day Press said the defendant, on February Detective Sergeant W. McHardy

10.80 p.m. Close Down,

All records in the above European programmes are kindly supplied by Messrs. 8. Mostrio and Co,

Mr. Burrell complained that his permit for driving in that road The Assas The Toyooka Maru brought her- had been cancelled and he had not sor is of opinion that a little over self into the position of danger, been notified of such action. 4 koots through the water was and default of the Klangeu was

News. Inspector Alexander said per- not an excessive speed for this due to an error of judgment in the purpose, and that any reduction ambiguous position created by the mita lagued last July were effec- below that speed would have Toyooka Maru herself.. He there- tive until June of this year, but in September mude the margin of safely rather fore found that the Toyooka Maru in the meantime,

Government Jast,

regulation bad to case seems me to be was wholly to blame, and entered, very near the border line, but I judgment: for the China Naviga. been introduced requiring that fees he paid for such permits. A Assessored to infer from tion Company, with costs.

notification was sent through, the opinion on,

post to each individual holder, re- quiring that such fees be payable (în January..

Ane. The

am nat

the

this

point. I therefore find

that the Kiangau was naviga The Royal Observatory reports ting "at a moderate speed having

1 careful regard to all the existing that the northern portion of the circumstances and conditions up entlayclene has moved eastward, leaving soparate anticyclone to 7.47

n.m. when

Local forecast:-NE. winds, 16 comes into play and practical-moderate; fair.

In

my

A

א1

SYLVIA SIDNEY

*LADIES

OF THE

BIG HOUSE

a Guramount Picture

1, made a sale of certain articles in the furniture department to the total value of $217.50, but in the books of the Company had entered informed his Worship that the the salo as $192.10. The mis Company did not wish to take a appropriation of the balance of serious view of the case but mere..... $25,40 was subsequently discover Jy wanted it to be ne lesson tó |other employees."The defendant.

ed..

THE BANK RATE.-

In reply to his Worship, r. had admitted that he took the London, Feb. 18. Wilkie Lum, a Director of the money for the Chinese New Year The Bank of England discount Wing On Company, said the.de as he had nens for the festivities. rate has been, reduced to five par fendant had been in the service. His "Worship imposed so find of cont-Rauter.

of the drm for 18 years and re- $50 and ordered the defendant [The rate was raised from 44 Colved about $80, or 383 a month and his brothen to sign bonds ca other count of falling to carry a "off gold" last September.] The prosecuting police officer for one year.

*His Worship, after the position had been explained to the defen- dant, discharged him on the first

1 opinion the second part of Articlo contral to the west of Shanghai aurimons, and fined-him $10, on the to 8 per cent, when Britain wont salary: 437 van 200 for the defendant'a behaviour.

ly supersedes the first part of that

licence disc.

you