The traffic case against Mr. Dudley Brinsden was concluded in H.M. Police Court on Saturday shortly before 1pm, Mr. Brinsden was found guilty fon the two charges and was fined £10 or two months imprisonment in respect of both, The Registrar, Mr. 1.7, Morris, summing up after Mr. H. Lipson Ward, of Messrs, Pla, White-Cooper & Ca,, terminated the case for the defence, said that he was inclined to believe the medical evidence of Dr. C. Bennett rather than that of Dr. B. G. Gauntlett, since the former had examined. the defendant only half an hour after the accident, while the latter's examination was some two hours later. He believed the other witnesses for the prosecution, though one Chinese constable seemed lunsatistactory, but the evidence as a whole had not been shaken, 3f it were possible he would have liked to have given the defendant any benefit of the doubt, Mr. F. G. Livingstone of Messrs Hansons conducted the prosecution. Messrs. Ranald G, MeDonald and Linguan Woo held a watching brief on behalf of the Chinese involved in the collision with Br. Brinsden's car. The accident occurred close to the Grand Theatre on July 18 at about 9pm.
Mr. Dudley Brinsden was charged two separate offences _in, H.M. Police Court on Friday. The! first charge was that he was unlawfully driving a car on Bubbling Well Road on July 18, when under the influence of drink and to such an extent that he was incapable of having proper control of the vehicle. Secondly, he was charged with driving the' car recklessly and negligently and in a manner dangerous to the public. The accused pleaded not_guilty to both charges on Friday. The words "and negligently" were struck out of the charge yesterday. Mr. Lipson Ward pointing out that they did not appear {in the section of the Road Trafic Act under which" Mr. Brinsden was charged. Mr, Livingstone raised objection to the alteration.
'Insp. B, Taylor and Sub.-Insp. V. F. Mazony were the las we witnesses to called. by' the prosecution on Suturday, Ingp, Taylor said due to the damaged done to the car in the coll-sion ie was unable to tort it under its own power. However, he had Bot follow policerien to push it and he had applied the front and rear brakes Independentiy and they were in good order, In his opinion the car was in food eonaltien prior to "the aceldent, Sub-Insp, V. F. Mason said after tue accident, he took Mr. F. L. Lees the 'General Hospital' to have cut attended to over Mr, Lees" eye {nme emergency room he had found he defertiant with Dr. Bennett; the former said there' was nothing) the hatter with him, he wished to die ana faked. why they didn't let hin" die at its shouted rather loudly but eventually quietened down when told fo'by Mr, Lees. After that the three of them, Dimactt, the defendant and Ste, Lees, had tone to. Sinza Police Biation, where they arrived about 10 pam On the way, the witness. said Rev suggested. to. Mr, Lees that he ould ting up for his own doctor it the wished in the station.
nep. Mason supported the evidence of Scrat. W. Fy Taylor, who ave evidence on Eriday, said that the de-fondant had fallen off a chair in the barge room and. vomited, In cross amination answering Afr. "Lipson Qfard_as to. why the defendant was charged hen, Sub-Insp,. Mason ata ihe police knew he Was a Tesi dent of Shanghat and was not kely forgo away. To a further question, Wwithess replied that Mr. Lees and the defendant were at the station, where fnquisies were conducted, for about thee hour, "With the inclusion of Susstnsp. Mason's evidence the case for ihe prosecution was terminated Prior to calling the witnesses for the defence, Mr. Lipson Ward addressed the Registrar and the Court He submited that though he had the Greatert respect For' the work one' by 'Dr. Bennett, he' thought Benneit had." been "hope-Tesaly vaiseredited™ inthe matter When Dr, Bennett had dst examined The accused. he hed. be. knowledge {hat 'Me. Brinsden had. been accident, He later smelt the mon' Breath and sw the defendant. ad Symptoms that might have "been Gue to alcohol, "and immediately tumped to conclusions. He was then informed. by te. police that the defendant bad been' ent it, Lipson Ward submitted that De, Bennett must have known the defendant would probably face criminal charge. Therefore "Dr Bemmett should have put the eadant through the most rigorous fests for drunkenness, "fr. Lipson Ward said that it was very difficult to decide whether a man, who had been through an accident, was suffering from sudden nervous shock or whether he was drunk. Regarding the smell of liquor it may have been taken some time before oF afterwards, and it would still make 'a man's breath smell, Mr. Lipson Ward reminded the Registrar" that where there were two plausible explanations, the one in favour of the Gefendant' and the other in favour of the prosecution, "the defendant should fave the benefit of the doubt.
He submitted that right through the ease it was assumed on insufficient deta that Mr. Brinsden" was a @runken man, a helplessly drunken and that explained a great The first witness called for the eetence was Brig-Gen. B. B. Macraghten, who is a director the British-American Tobacco. Ca. (China), Ltd, and acting-Chairman of the Shanghai Municipal Council He stated that the defendant was employed in one of the subsidiary companies of his firm and he knew him through business. When asked by Mr. Lipson Ward as to the honesty, truthfulness, and sobriety of the ccfendant, Brig.. Gen Macnaghten said it was excellent in every way. Cross-examined by Mr. Livingstone the witness said the accused ha: been in the firm for 10 months.
The defendant, Mr. Brinsden, was the next to enter the witness box He is twenty-two years old and employed at the Wing Tai Wo Tobacco Ca, Kiangst_ Road distribution branch, B.A.T. On the day the accident occurred he had gone to cocktail party given by Mr. C. Cole in a room in the China United Apartments. He had arrived about 645 pin. and had nothing to Grink before that. He had three cocktails at the party and had left the party started to break up at 845 pin. There were the usual] sandwiches and other food ingreclients served with the drinks, and there was plenty to ea He had left the cocktail party' with two ladies, Mr. Lees, and Mr. Cole, They had already decided to g0 on to the French Club, Mr. Lees ied gone in his car and the two Indies in Mr. Cole's car. His own car was parked in a narrow passage way. which ran along the side of the building. He had no difficulty in manipulating the car to the front of the alley-way, though there was ancther car parked on the opposite to his, which left him six inches on either' side when he passed it. At the entrance he stopped to await a chance to get into the main road. Mr. Brinsden said he was absolutely Seber at the party and when he got Describing how the accident took place, Mr. Brinsden said, "We were! orproaching a tram island opposite to the Grand Theatre on the left side of the road when I first of all retieed, a slight tremor and then After the swerve the defendant re embered a "bang" and after that nothing else until he saw Dr. Gaunt. ott at Sinza Police Station. Continuing he said, "I cannot tell you what Dr. Gauntlet asked me. I felt shaken at the time, very shaken indeed." After Dr, Gauntlett Tett thought he went back charge room. Mr. Lees had Suggested that they get a solicitor, which they did and on his arrival he took them away in his car.
Under cross-examination, Mr. Brinsden said he was quite sure he had only had three cocktails, and also at the time of leaving he was ie\fectly sober.
Mr. Livingstone: "You have hear the evidence of the prosecution They say you went first to. the: north, south and north, and it was! then that you hit the other car."
Mr. Brinaden: "1 do not think so. was possible.
Mr. Livingstone: "I submit to you that it is."
Mr. Brinsden: "I imagine my swerve was grossly exaggerated."
Supporting evidence of the soriety. of the accused was given by Mr. R. H. Shrap, Mr. F. L, Lees, and Mr. C. R. Cole. Both the defendant and Mr, Lees said there was no lady in the car at the time of the accident.
Mr. R. J. Tomlinson of the Auto Palace Ca. Ltd. was called to give evidence regarding the right front tyre of Mr. Brinsden's car, which was flat after the collision." took! place and also gashed. He examined the tyre in court and stated that the falrie was rotten. The witness said he had had a great deal of ex. perience in cars. when a tyre had blown out. He said that when a front tyre burst the car is usually thrown off its course, unless the driver was expecting it and was clutching the steering wheel with both hands. The noise of the blow-out he considered might or might not heard by the driver.
Text read from the printed page and cleaned; old type leaves the occasional error.