1933-11-10 — Page 5

THE HONGKONG TELEGRAPH FRIDAY, NOVEMBER 10, 1933.

NEGLIGENT DRIVING

Mr. D. W. Munton Convicted At Kowloon Magistracy

1.

such a high standard. He had driven his car from the works down. Tai Wan Rond, alowed up at the Junction of Ma Tau Wai Road and had not noticed his brakes were defectiva, Mr. Munton admitted that possibly. If his brakes had been good he might not have hit the man.

Passenger's Evidence,

Mr. G. D. Witchell, engineer with Messrs W. S. Bailey & Co., and, at the time of the accident, a passen- ger in Mr. Muuton's car, then gave evidence. He said that he saw a man walking away from the car on the left hand side of the road and bad warned Mr. Munton. As soon

"It seems to me that Mr. Munton Talled to see the man he knocked down and committed an error of judgment in swinging his car to the right side of the road and un- fortunately killed the man because his brakes would not hold the car. Mr. Munton tooted. the man Mr. Munton,, however, has been began to trat across the road aud very honest and above board about at the second foot. the man in the whole thing," said Mr. Wynne- crensed his pace and ran into the Jones at the Kowloon Magistrney ear. Mr. Munton swerved and at yesterday afternoon, when he same time applied his, brakes. found Mr. D. W. Munton, Manager They struck the post and knocked of the China Light & Power Co., down the mind who was later found guilty on the imunons of negli-lying underneath the car just be gently driving his motor-car, No.hind the left wheel. Mr. Witchell 1014, in Waterloo Road on the did not think there were any _night of October 18......

lights on that part of the road.

Indnector 5: C Saunders in charge of the Traffic Department, Kowloon, appeared for the pro- secution while Mr. R. A. Wadcson, of Messro, Deacons, appeared for Mr. Munton.

In summing up the case for the defence, Mr. Wudeson said:

"It is fairly clear that Mr. Mun- tou was driving as carefully no ho could and, if he has done anything wrong, it is merely an error of A second summons drawn out Judgment. It is all very well for against Mr. Munton for driving as saying after the accident that vehicle not provided with two independent and efficient brakes in proper working order, was withdrawn.

MF, Munton, in ovidence yester- day afternoon, said he had been driving cars since 1914 and had never been involved in any ac-

he might have gone to the left in- stend of the right. If Mr. Munton had gone to the left he would have hit the man with the other side of the ear.

Question of Brakes,

"With regard to the brakes, I eldent serious enough to bring him think it is quite clear that Mr. Mun before a Magistrate. In describ-ton had no idon that the brakes

Photograph taken af the residence of Mr. lakit, at a reception given in honour of Mr. Sagimura, In the photo are seen Mr. Sugimura, General Wo Takichen, M. Meyrier, French Consul-General,. Mr.. fihil, Vies Admiral Imamura, Mr. E. F. Harris,

NEW FILM STAR

HONGKONG RESIDENT IN

HOLLYWOOD

A former resident of Hongkong, Mr. James Yatming Lee, has been selected by Metro Goldwyn Mayer -an Chineso Technical adviser for the production of "Good Earth", Mrs. Pearl Buck's famous novel of China, according to advices

Mr. Lee was

received here yesterday.

ing the neeldent, Mr. Munton said were bad and he belloved that they St. Stephen's Certy a student of

European

amateur theatricals. A brother and afster, Mr. Li Chor Chi, Banking Chow,

OVEISGAEon-chow,

ཡ །

Corporation, and res daughter-in-law of Sir are still reading the Colony, while Well-known br Mr.

Yinson Leo, another brother, is in Shanghai. After leaving St. Stephen's College Mr. James Les became an employee of the the long Donk in Hongkong, and was later transferred to tho Shanghai branch.

Mr. Wynne-Jones analysed the His natural theatrical talent ns- meaning of negligent driving and meeting fact, it was not long betere defective brakes and gave a short he graduated into the motion picture example of a man leaving Toipe industry. He played one or two stellar 1ofes in Chinese pictures produced in for Kowloon and on the way find- ing out that his brakes were de-Shanghai, and in his lust in avade fective. He said:

in Suangna, played opposite Princess Berling, lady-in-waiting to the Em- press under the Munchu dynasty, in "Saving of the Thrane."

in Hongkong, "On the evening of October 18, were in perfect order. It would be and will be remembered here for I was proceeding from my house to great misfortune for him if he the parts he played in Chinese and, the Jordan Road Vehicular Ferry, were convictel. He drove slowly When I arrived at the junction of and carefully on a practically emp-bro Waterloo Road and Argyle Street, ty raad, saw an object but, unfor- tunately, before he really saw him I passed another car. I was then he was right on top of the man. doing 25 m.p.h. When I was 40 Care was taken of the kes prior feet from the level-crossing, Mr. Co was but it possible, Witchell, who was a passenger in of course, for the brakes to have the car with me shouted out look turned defective through the ac- aut. I took a rapid glance to the cident. I ask your Worship to left and saw an object some 30 discharge the defendant." foot away. At the time there were Ho car or pedestriana in front of me. The man then ran across the path of my car, I saw him in the left-hand light beam. At this time, I estimated that he was about 12 to 14 feet away. I immediately swerved to the right in order to Avold hitting the man and at the same time, jammed on my foot brake. The man continued to run across in front of the car and 1 eventually overtook him about four feet away from the lovel-crossing gate-posts. The left mudguard of the car must have hit him and knocked him down. The man, when running across in front of the car, appeared to be carrying some sort of structure on his right shoulder thus obscuring his view of my car. I tooted my horu when fret warned by Mr, Witchell and again when nearer the man. That Junction is very badly lit at night, thero keing dark and light patches on the road. The man was atand- ing in a dark patch. I drove the Studebaker car about a fortnight ago, then left it and drove it again the night before the accident."

Drove Slowly.

"That man could drive into Kow. loon with a fair amount of safety by driving his car in on first or second gear with his hand on the switch so that he could stop the cur almost as quickly that way as with brakes. But, he is silll liable according to the law, because it is the legal duty of any driver to look after his brakes. Inspector Sauh dera would be perfectly within his rights if he took out a summons against that man, even though he had taken great care. Therein lies my difficulty. You, Mr. Wadeson, suggest to me that Mr. Munton was taking reasonable care and did not know his brakes were. defective. My answer to bia inorance re garding the brakes is that in view of that fact that he was driving 4 heavy car, to which he was not accustomed and which was fitted with a free-wheeler, to which ha was also not accustomed, it is obvious to any sensible person that one's first duty when driving such a car should be to make sure that the brakes are good. He should be certain the brakes are good before he takes out a car like that.

Speed Probably High.

Mr. Walcaon: Do you drive fnat or slow Very slowly, I am well-known to be a slow driver. I had used my brakes on that car just once that day in order to bring it to a stop near my house. I also did this the previous day. I have never had occasion to pull that car up suddenly, that is, of course, in "It is impossible for me to gucBA the very few times I have over at what speed he was going in that driven the car. The brake Unings big ear when he hilt the posts, but were renewed on April 25 of this it must have been rather high to year and

were last adjusted on snap those stanchions off in that August 30. According to the fashlou. He was certainly not go- speedometer, the car had gone 800 ing at 5 m.p.h. to hit the posts like or 900 miles aince the last adjust that. He was also still moving in ment. My object when swerving spite of the fact that he had jam- to the right was in order to avoid med on his brakes, hitting the man.

"Then again, he swings his car Mr. Wynne-Jones This car is a to the right because if he had not free-wheeler?--Yes, I have only he would have hit the man with had it out a few times. I usually the right mudguard, in fact, he drive a Morris Minor, which is not hit him with the left. I find it a frzo-whcolor. I am renlly not dimeuit to envisage how Mr. Mun- accustomed to free-wheelers. ton would have lit the man with

his right mudguard if he had

Mr. Wynne-Jones: When you ild jam on your brakes, what effect swing to the left, seeing that he did

avontually hit him with the left

did they have?They pulled up mudguard when he swung to the the car. I felt the bump when I

right. I cannot understand that

hit the post but I did not come up at all. against the steering wheel of the

car.

When you saw the man in front of you, you were then in the mid-

dle of the road ----Yes.

Why, then, did you go behind him? If I had gone to the left; I would have hit him with the right mud-guard and, furthermore, there was a car coming on behind.

"Having analysed it, I think Mr. Munton is guilty of negligence In the driving of his car. The amount of negligence that is involved in of the same ordor as I would accept in civil cases. It is alight negll- gence, not like wanton negligence, but still it is there. He drove a car over which he had not proper control in a manner which, as results have shown, was dangerous Were you in a hurry to catch the to the public. I must therefore Voblcular Forry?—No, I was And him guilty with somo regret, tinking Mr. Witchell down to the as I am sure he must havo suffered fotry where he was working. very much, but I am afraid I have Inspector Saunders then ques-my duty to do. I therefore regis- tioned Mr. Munton, asking him if ter a conviction on the first charge ho knew what was meant by neglig-of negligent driving:

ent driving, and Informed him that "As a fine would be absurd, I due to the higher speeds of cars will therefore bind Mr. Munton those days, the maintenance of a over on the sum of $250 for 12 high standard of brako efficiency months. The second summons le was necessary. Inspector Saunders withdrawn. I suggest that Mr. declared that Mr. Munton was Munton does not attempt driving negligent in that he failed to keep heavy cars again."

Mr. Lee was one of the students who caught the eye of General Chiung Kai-shek, and he was, among others, picked to go to the University of Southern California in Los Angeles to study political subjects.

Whilst in Los Angeles he was able to accurs one or two unimportant "extra" roles in M.G.M. productions, eye of a and one day caught the

director.

Played Leading Role: Three months ago ho was offered a leading role to play opposito William Powell in a picturisation of S.S. Van Dine's famous novel "The Kennel Murder Mystery." The role was originally offered to Waiter Oland, of "Charlie Chan" Inme, but, tied up with Fox Films, Oland was unable to necept.

The wedding took place at the Community Church, Shanghai, recently of Mr. Cal, S. Hirsh, a well-known Shanghai journalist, and Mies Olga Michaelaria Fedorovitch, daughter of Admiral and Mrs. M. I. Fedorowitch.

In this picturo, which has just been completed in Hollywood, James Les plays the role of Phileo Vance, the technical adviser for "Good Earth", Mr. Lee, Incidentally, was born in detective. Mr. Lee speaks faultless and he will re-visit China, with the Sydney, Australia, but was brought to English, and, according to an MG.M. M.G.M. players who are taking part Hongkong at an early age. review, his voice has proved remark in this fim early, in January.

His popularity in Ainerica la sug- ably adaptable to wound-recording. The scenario is by Frances Mardon,gested by the fact that he was ro- completion of "The Kennel Murder George 11, of "Hell Divers" and Students Club of the University Only a week or so ago, following and the filmi will be directed by eritly elected President of the Chinese

Mystery," Mr. Lee was chosen 15 "Min and Bi" fame.

of Southern California.'

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