The Archive · 1929

PROVISIONAL COURT

JUDGE AND DEPUTY DISAGREE

A protest was made by Mr. Van den Berg, Senior "Consul's Deputy at an inquest ut the Public Morruary on October 25 which was held over the body of a Chineio boy who had been run over by a motor car along Sinza Road, After evidence was given of deceased's death Mr. Van den Berg. strongly commented upon the fort that in ninety per cent. of the cases in which accidents occur, the driver of a motor car was held to blane rherens the pedestrians were 'A mild sensation was caused when Judge Wong, who was sitting together with the deputy, stated that he did not agree with him and would enter his own verdict.

The inquest was held over_ the body-of @ male Chinese child, fourteen years of age, who after being run. over by the motor car,.was taken to St, Luke's Hospital where he'@jéa: just three hours after the Galiforsia 21, Olympics 19.

Inspector Ginnane said that at 8.30 am, on October 22.2 motor cor was proceeding from west to cast|them. The hearing was modity on Sinza Road when the deceased mostly occupied by.the ial of tie who was crossing the road from eight accused who were recently-north to south was struck -by the arrested, the jalze wishing to digs right front wheel of the car, A.

Pore of the snualler eases first, witness stated that the accident took place 12 ft. from the south Those charged with breaking into Ullmann's store were Kalmar side of the road, whereas the driver said that the accident took plas Gelman, Viadmir A. Bagdanoff, 17 feet from the south side of the Anastasia A. Kutcheshova," and rom Boris Stepanolf, Judge Wong sab with Mr. Herbert, Senior Consul's The Judge's Verdict Deputy, while Br. R. W. 8. Winter After hearing further evidence appeared on eha't of the police and. Mr.. Van den Berg said:—"I con-Dr, Wilhelm apd Messrs, Luchieb, sider that the driver of the motor and Ivanow watched the interest car was not at fault. The accident of the accused. was entirely the pedestriun's fault, It appears that the deceased did Story of a Pull-over not trouble to look to see if any Mr, Winter, outlining tha cage: tragic was approaching. 'The driver said that the four " accused sounded his horn and if the pedee-were concerned in the crime comtrian went on, and an accident tonk mitted on October 5-7, whom place it was his fault. I know it Jewellery to the value of' $40,000: is very risky driving cars in Shang-was stolen. The robbery, he said, hai and if an accident takes place was committed by a well-known and, the chauffeur is always blamed, organized gang. "It appeared that whereas in ninety per cent. of cases was the usual custom to lock up the the pedestrian is at fault for not troubling. to look before he crosses Jewellery at night but not during" the day. Describing the robbery, the road. In this ease the driver sand the way it was discovered by the-Pulled up almost dend after the acturn of the manager at 145 p.m. om cident, October 7, Mfr. Winter stated that The judge's statement was as f>1- coal shed, where the thieves had lows:—"I do not agree with you, worked their way into the store, and will enter my own verdict. The the police found a man's pull-over. ear was on the south side of the This pullover he said, was road and if the pedestrian was on identical with one which Bagdanoff the north side of the road he would had worn when his pass-port had not expect to meet traffic coming: deen taken last year, The pass from the west." port was duly produced in court.

Another stir was caused when the At this stage, Dr. Wilhelm prow judge in writing his verdict sug-tested at the presence of the wite gested that the chauffeur should be nesses in court, and asked that they" sent to the Provisional Court for be excluded and called in one at trial after the deputy had stated in time when wanted to give evidences his verdict that there was no order The application was granted. to charge the accused before the court.

Mr. Winter said that the accused The deputy's verdict read as fol-arrived in Shanghai on June 18 lows:—"Deceased died from injuries ince which time there was no trace Sustained through being knocked of them doing any honest work, down by motor car No. 80 A Russian watchman he stated, Driver not to blame and there is. saw the accused near Ullmann's no order to charge him before the store and, being suspicious, court. Deceased was utterly care-quietly approached, and heard one less when crossing the road and is say hole anit was easier to climb that it was better to make a the only person to blame. Bony to be removed by the relatives of Another Russian watchman, an the deceased." The judge's verdict employee of the American Drug read thus:—"I find that the deceas-Store, would also give evidence in ced was erossing the road from north which he would state that he, being. to south and the motor ear was pro-suspicious of the accused who ceeding from west to cast. When loitering, approached them and nearing the deceased the car asked what they wanted. Gelman swerved to the right and knocked Feplied that he wanted to se0 the down the deceased with fatal injur~ manager, ies, The chauffeur should be sent to the Provisional Court to be pro-'The watchman invited them to secured. Body to be removed by sce the manager and—proceeded relatives for burial." upstairs expecting the accused to follow him, but turning round he saw the prisoners walk away.

Text read from the printed page and cleaned; old type leaves the occasional error.

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