The Archive · 1934

Car Damaged in Bubbling Well

on 'Saturday' in connection with, this. sceident The concluding evidence given for the defence was that of Dr. E. G. Gauntlett, who arrived at Sinza Police Station on the night of the: accident at about 11 pam, and con+ @ucted an examination of the defendant. He agreed with the question put by Mr. Lipson Ward that the smell of alcohol did not necessarily mean a man was drunk. He also agreed with the ruling made a select. committee of the British Medical Association that the symptoms of intoxication were Similar to those of sudden nervous shock. Further if Mr. Brinsden had had no alcohol after 845 pin. he must have been drunk before that, and he agreed, that if he was sober before 845 pin. then these conelusions were wrong.

Dr. Gauntleit said he examined the patient who had given a similar account as to that which he stated in court. He said it was possible for a man suffering from sudden' nervous shock to act automatically without knowing what he was doing. After his examination he con: sidered his condition was due more to sudden nervous shock than intoxication, his cross-examination Mr. Livingstone stated that although he was not speaking from personal experience Caughter), he believed! that after a drunken "man vomited the effect was to sober him, This was agreed to by Dr. Gauntlett Referring to the evidence given by Dr. Bennett on the flushed appearance of the accused, Mr. Livingstone asked if it was not' true that a sudden nervous shock would probably tend to make the face pale. Dr. Gauntlett replied that this would only be the case if it affected the person's heart.

The witnesses called on Friday mot-ning ing, were Dr. C. Bennett, who is in charge of the Shanghai General Hospital, Miss Woo Pei-chun, Miss Kow King-yuen, and the chauffeur of the Chinese car, Lee Ah-yung, the last three named all being occupants of the car collided into. In' the afternoon Madame Cheng Chun-sze, the owner of the Chinese motor car, gave evidence, and this was followed by the testimony of Lab Sze-pao, the assistant chauffeur.

Evidence was also given by Chinese Police Constables Tien Zang-ping and Wang King-tsu. The former Stated that after the accident a foreign lady was. standing close the car. In cross-examination said that he did not see the lady get of the car. Wang King-tsu who was on traffic duty at the time near the Grand Theatre said there were two foreigners in the front of the car and a foreign lady was behind. She [got out after the accident occurred.

The last three witnesses to be called fon Friday afternoon were Detective Sergeant S. Craig, Detective-Sergeant Gazeley, and Sergeant W. F. Taylor, all of whom are stationed at Sinza Police station. On the day of the accident Det-Sergt. Craig and Det.- Sergt. Gazeley were on patrol duty together. They came into Bubbling Well Road from Park Road shortly after 9 pin. and noticed a large crowd ear the Grand Theatre. On further investigation they found one car, an Austin 12, numbered 2687, which had evidently been involved ina collision.

Det.-Sergt. Craig went on one side of the vehicle and Det.-Sergt. Gazeley on the other. Det-Sergi. Craig Stated re found the accused leaning against an electric light pole supported by a lady. The manner of Becused at the time war listless, He eventually persuaded him to go to the ambulance which was then only a few feet away. He took him by the arm but the accused was unable to, get into the ambulance and so he got In and Det-Sergt. Gazeley who came round from the other side of the car hoisted him up, and they Put him on a stretcher in the car.

Cross-examined by Mr. Lipson Ward and in reply to a question why he did not take the name of the RoaD

Brinsden's car shown after the smash in front of the Grand Theatre the evening of July 18. Me. Brinsden was found guilty in HMC. Court lady, witness stated that he had' asked her enough to wait a while, but when he came back she had gone. Det Sergt. Gazeley estimated the crowd around the car as between 200 and 300, He also gave evidence concerning Mr. Brinsden's entry into. the ambulance. Both officers stated the accused was smelling strongly of The last evidence heard on Friday was that of Sergeant W. F. Taylor. He was in the charge room when Sub-lisp. J. Mason brought in. the accused. As he was busy at the time, Sergeant Taylor told the accused to sit on a chair which was placed behind the charge desk. Shortly afterwards the accused fell off) and vomited.

He had heard it suggested by Mr. Lees, who also came down with the accused, that he should call a doctor.

Dr. Gauntlett arrived a few minutes before 11 pin. He had assisted the accused into another room and was present while Dr. Gauntlett examined Mr. Brinsden. He put him through various tests. The accused was told to stand up with his heels together. This he did but when he was told to close his eyes he swayed backwards and forwards. "He was then told to walk towards the door and turn round and come back. Sergeant Taylor said he this but he took unnatural strides and also swayed a little from left to right, Dr. Gauntlett then questioned the accused but at this point another policeman entered the room, and Sergeant Taylor was unable to say what the questions or answers were, that were put to the accused, cross-examination Mr. Lipson Ward asked why the witness was present at the examination which he alleged was a private one.—Sergt. Taylor answered that it was generally understood in cases of this ature that a policeman might be present, but if he had been asked to out of the room he would have done $0. Also, since the accused was in his charge it was his duty to look after him and see he came to no harm.

his evidence on Friday Dr.

Bennett, who is in charge of the Shanghai General Hospital, said that the accused had been brought into the emergency room at about 928 pam.

"When I came into the room." said Dr. Bennett, "I saw the accused Somiting copiously into a bucket. He was on a couch and T asked him where he came from and he replied, "England I tried to get some statement from him of what had happened but I could not get anything."

Putting further questions to the accused Dr. Bennett said that he understood a Mr. Lees was his friend. Tt was about this time that Mr. Lees came into the room with Sub-Insp. V. F. Mason, Mr. F. G. Livingstone: "How did he pronounce the name of his friend?"

Dr. C. Bennett: "Leash."

Mr. F. G. Livingstone: "You mean that he slurred his Dr. C. Bennett: "Yes."

Continuing, Dr. Bennett said that the accused' had clutched "his arm and told him that Mr. Lees had had nething to do with the affair. Dr. Bennett had then. attended to Mr.

Tees, who was suffering from small cut near his eyebrow. After that he wrote out a certificate, concerning Mr. Brinsden's condition, Dr. Bennett said, "I certified he was suffering from the effects of alcohol" He had come to. this decision because the accused smelt strongly of drink, secondly, his pupils were widely dilated, thirdly his face was flushed, and lastly he was slurring in his speech, Dr. Bexnett said that in his opinion the: accused was not in a fit' state to drive a motor car.

In cross-examination Mr. Lipson Ward asked Dr. Bennett why he gave a medical certifeate since he was not a police doctor. Dr. Ben nett answered that he knew the matter was already in the hands of the police and he considered it, his duty. Referring to the alleged' smell of alcohol on the accused, Dr. Bennett agreed with the point raised that to smell of alcohol does not imply a man' is drunk.

Mr. Lipson Ward: "It you were ge and stand outside the Shanghai Club and smell the breath of persons leaving the Club, they" would ell strongly of alcohol?"

Lr. C, Bennett: "They most certainly would?" (Laughter), Dr. Bennett said that it took very little' alcohol to make a man smelt of it. He agreed with Mr. Lipson Ward that mistakes had often been made in the diagnosis of an illness by medical men. He "also. said it wes true that medical students were Warned against assuming a man was drunk because the smelt of alcohol. Referring to other cases the symptoms of which were similar to that of drunkenness, Dr. Bennett said that similar symptoms would occur 4 cases of sunstroke, apoplexy, and Mr. Lipson Ward: "Concussion'

Dr. Bennett: "Yes. High fevers."

Mr. Lipson Ward: "Sudden nervous shock?"

Bennett: "No, 1 do not think Mr. Lipson Ward then read out from the Bitish Medical "Journs Jan.-June 1927, that a committee of erlect doctors of the British Medical Astociation, has gone into this same question of other illnesses. similar to that of drunkenness in 1925, In the Feport in 1927, which was read out by Mr. Lipson Ward, sudden nervous, shock was Included in the list. of similar finesses to the symptoms of @runkenness, Asked if he would accept the €ecision of the Board of the British Medical Association, Dr. Bennett replied in the amrmative, fair of you, doctor.' als Mr. Lipson Ward: "That is Atter the accused, Mr, F, 1 Lees and. Subelnep. Mason had' tet the General Hospligt on the might of the Sccident, they went to. Sinza Police Station Mr. Lipson Ward on behalf of she accused and himself expressed their sincere regrets 0 the Chinese who were involved in the accident Inquest on Mr. D. Campbel pastes a Bane arm Po ington he Dacn Came

Tuesday uly and the "evidence was returned, tts it Seth Sse ome as Sa a Beer Ee rtd" tnt Poot of Sele' naa SINE Cement a shonin lits eat tee

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