It will be seen that there is no charge of excessive speed. Defendant testifies, when heard in relation to the penalty, that he was running at a rate' of not more than 15 miles per hour, and while the Sikh and Chinese' policemen say that he was going "very fast," they do not claim to have tested the speed by watch, and defendant's estimate seems reliable in view of the fact that he had gone but a short distance and had just changed to third speed when the collision occurred. At any rate ho could not be convicted of excessive speeding without a specific charge thereof.
The "canvas shed" mentioned in the information had been erected in the centre of Bubbling Well Road between the south side and the "traffic island," by the Shanghai Mutual Telephone Company of which the deceased was an employee. It is undisputed that the collision occurred while defendant's attention was momentarily diverted from the wheel by a' bouquet of flowers which he had just purchased and placed on the seat, but which was jarred therefrom by the car's motion. Such deflexion could well have been involuntary
Text read from the printed page and cleaned; old type leaves the occasional error.