Friedman, of the China Tuesday in the s. President Taft. Motors, arrived from Hongki Judge Reserves Decision In Case; Driver Avoided "Incident"
Hearing of a civil suit in which Mr. V. Chourlianis claims the sum of 2,780 from Driver James Swan, 'AS.C., for damages sustained in an secident on the Garden Bridge on June 2 was concluded Supreme Court before Assistant Judge grant Jones yesterday. Judgment was reserved. In summing up for the defence, Mr. John McNeill contended that thie plaintiff negligently stepped out into the roadway into the path of the Army lorry which Driver Swan was driving and that Swan did everything a careful driver Amona the passengers who arrived could do to avoid the accident. Mr. McNeill asked that the claim be dismissed on the grounds that the plaintiff had not made a, case and also requested that the claim for costs, entered by the plaintiff, be stricken of "Scotue" knitting bags out, Mr. K. E. Newman, counsel for the "been "completed, with a Profit of $215.10 for the B, W.A, War plaintiff, contended that the onus of proof that the plaintiff did step to Work Fund. Thanks are due to Mme, the right and into the path "of the Greenhouse for ribbon and paper lorry rested on the defendant and maintained that the defendant driver was guilty of lack of judgment. Dr. I. G. Anderson gave evidence yesterday that the plaintiff had been under his care in the hospital for ten days and that after leaving the hospital there was no reason for the plaintiff to stay in bed any longer. The doctor said that there was no necessity for the plaintiff to use crutches and that he should have been able to work within two weeks of July 13, when he last examined Manchoukuo at the Ritz Theatre the plaintiff.
Jon Haining Road, yesterday ànd today, al. agcording to the "Tairiku Shimpo."
Driver Gives Evidence Driver Swan entered the witness box and said that he was going over \AcconpinG to the November report Garden Bridge about eight miles per hour, As he passed the first sentry box the saw the plaintiff on the left in the road, close to the near front wheel. Swan changed down into transported sick persons to the second to enable him to go slower various and clinics in the and he followed directly behind the Concession during the month. plaintiff. About two or three yards past the second sentry box the plaintiff suddenly stepped to the right and the driver immediately applied the brakes, the lorry stopping dead. There was a Chinese in front of the Jetty to bid bon voyage to Colonel plaintiff and it seemed to the defend-and Mrs, J. C, Fegan, who sailed ant that the plaintiff stepped to the for the in the s right in order to pass the Chinese. The left fender caught the plaintiff on the hip, said Swan, and flung him forward and sideways. The defendant immediately got out of the lorry and saw the plaintiff's leg pinned to the ground by the near wheel. The escort with Swan and a Japanese sentry helped to push the lorry back about two or three inches. A foreign police sergeant was on the scene and the police sergeant and the escort carried the plaintiff to the pavement. The plaintiff was put in the lorry and was driven to a hospital in Hongkew by Swan. The defendant said that he saw no damage to the plaintiff's clothes.
Swan said that he had been driving army lorries for two years and had been over Garden Bridge about 300 times. He had been driving that ular lorry for about six months and although it was a two-ton lorry Military it was not hard to manipulate ete la vine war, and is now International Incident Lieutenant in the Cross-examined by Mr. Newman, the defendant said that he was going to the Air Wing temporarily at Camberley for training, "He expects twice as fast as the plaintiff was to go to France at the end of the walking. Mr. Newman produced a year. plan of Garden Bridge which showed the positions of the two sentry boxes but the defendant said that he did AN exhibition of Scandinavian not think the plan was correct. The phon i al be held in the defendant admitted that the bridge ch Club 4 pin, today till sloped down near the second sentry box. "Could you have turned to the right?" asked Mr, Newman, vian Women's Association, "Yes, and knock down the post (in takes place at 4 p.m. today, the middle of the bridge) and cause Mrs, R. Sutidsbak will lecture on an international incident with the weaving. Members of clubs under Japanese," was the reply. The de-the Joint Committee of Shanghai fendant said that the reason he did not blow his horn was because he wited, ery Organizations are cordially was not allowed to blow the horn in front of the Japanese sentry, "I was checked far it once," he said, "a Cumess who have returned to Japanese officer told me not to blow Japanese defence areas north of the horn. Asked if he had submitted Soochow Creek totalled 360,819, a written report to the police the forming 36,977 households, at the defendant replied in the negative but end of November, according to said he had reported to his own unit, figures released by the Japanese This report was produced by Mr. naval rehabilitation section, the McNeill but Mr. Newman objected to Mainichi" said yesterday, its being entered. Swan said that The Japanese population in Shang-the lorry was equipped with four-wheel hydraulic brakes. He said Pee ache' thu paver.
Japanese that there was plenty of room between the vehicle and the Japanese sentry box.
Locat Chinese public bodies have Pte. Samuel Hewitt, R.A.S.C., was sent a wire, conveying their con-the next witness, Pte. Hewitt said dolences to the family of General that he was on duty on the ration Wu Pei-fu who died in Peiping on lorry with Driver Swan and was December 4, says a report to the sitting in the left hand seat beside "Sin Wan Pao." A high tribute to the driver. Hewitt reiterated Swan's General Wu was paid by General evidence that the plaintiff had sud-Ho Ying-chin, Minister of War, in denly stepped out from amongst the Chungking in a press interview, Chinese and onto the near side front says another report to the same mud-wing. He said that the plaintiff paper. General Ho warmly lauded was struck on the right hip. his unwavering stand and the great service which he had rendered to his country by refusing to lend his good name to various Japanese Woman is Japanese sel in spite of rẹ- peated invitations to, accept a post in the "Provisional Government,"
Text read from the printed page and cleaned; old type leaves the occasional error.
