Smith if he had got a permit. He said the only harm that could have occurred would gentleman was in front, when he rose, also The sergant was pulled down, and another have been my neglecting my duty when I was No; d—u the permit; this is my private told to stop the opening, of the toad. When leaded. I saw then that the sergeant property, and you'd better off at going to the place I met one of the Municipal was pulled down again, some one holding him once." T told, him J did not know it was pri Toad inspectors, who told me there was no by the hair—T could only sec the hand and not vote property; being a public roadway, and if permit taken out. I never mentioned Mr. who was pulling. I walked on to the Honan hho wanted to open it up he must get a permit, Smith's name the night before, or said I was went forward to the first coolie working, prepared to arrest him. Johnson, the watch-Bridge and, prepared to cross, 1 saw. the sergeant pulled down again, for the third time. took the shovel from him, and threw it on man, had been at the station the day before When I was half way over the bridge I saw ide, The other coolie had stopped, seeing about something, and chanced to say he had Johnson, and asked what was the matter, but this, but I motioned to him to go on again been locked up once but would take care not he gave we no reply and went on to the Sta-ant' he did so, Mr. Smith did the same to tobe again, for he had a good backer now Mr. tion, I went across and heard Mr. Smith hin, I then said T must fill it in myself. I Smith had come out. I told him it was quite say to the sergeant you are a scoundrel," took the shovel, and as I was stooping in the act of putting & shovelful in, Mr. Smith ran immaterial whether, Mr. Smith, was there or and the sergeant said "I am no more a scounnot, any one who did wrong deserving of it forward, took the shovel out of my hand, would be arrested. dral than you are." I saw them stand till and more police came and they went away, threw it down, got hold of me by the collar To Mr. Rexwre.—The length of the ditch with one hand, and with the other hit me on Mr. Eanes said, with regard to the instruc-dug was 57 feet. There was a lot of earth the side of the face, Then with both hands he thrown up for 4 or 5 fest across the road. tions to the Police, he would quote a very shoved me clear of him, knocking my cai oft "I then told him that he. had assaulted To the Court—The length of 57 fect was sensible bye-law No. 38, which seemed conclusive of the power of constables to arrest—me la the execution of my duty and would already opened when I got there and averaged a depth of 14 £016 inches, with a width of "It shall be lawful for any officer or agent: of the Council, andah persons called by him have to go to the Station with me. I perhaps 18 inches. This opening was between to his assistance, to seize and detain any. por-took hold of him, but he strongly resisted, the footpath-and the main roa, along the son who shall have committed any offence struck: me several times, and also called. kerbstone. his foreign watchman to assist him. In his In answer to the Court, Mr. Clark here said against the provisions of these Bye-Laws, and whose name and residence should be unknown resistance, he marked my face with his nails, the road was 24 feet wide, without the foot-but dit not do so in striking me, to such officer or agent, and convey him with path which ran up one side. tle striggling we came to a standstill; every-Mr. Rexwte did not know if the Court all convenient despatch before his pro Consul, without any warrant or other autho-thing was quiet; I still kept hold of his col-would think it worth while to go into the con-ai. i called on the native constable, who versation which between Mr. Smith rity than these Bye-Laws." was standing alongside, to go to the Station and Mr. Clark, but if it did, the latter was here, Mr, Rexate said the arrest here was not for assistance, He did' go, but in the mean-prepared to give evidence. for a breach of bye-laws but for assault on the time another of Mr. Smith's men, named An-Mr. Eaos said that testimony would be derson, a rent collector, came up." Mr, Smith called on this man and the watchman to re-intents and purposes, a permit, Mr. Smith's portant, to show that Mr. Sith ta, to al Police.
Mr. Eawes agreed, but if the testimony for the defence was believed, this point would be-lease him out of my custody. They stood for defence was that he had built that side walk, come important. Their statement was that afew moments, and I told Anderson not to and always repaired it, and had never been in-Sergeant MecElvey undertook to, arrest Mr. interfere—there was no disturbance going on, terfered with. Mr. Clark discovered these Smith, and that he did so before ever Mr. and if he interfered he would have to answer repairs going on, and Mr. Smith explained Smith' touched him, Mr. Smith took the the consequences. Mr. Smith said he would how it was he did them. Mr. Clark said the shovel from the coolie and the policeman took dear all the responsibility, if they rescued explanation was new to him, and gave Mfr. the shovel from Mr. Smith, and arrested him him. Anderson got hold of my left hand and Smith the impression that, asa matter of form, because he struggled and refused to, gi put it behind my back, and Johneon, the he would apply to the Council for a permit. watchman, took hold of the other, by which Mr. Smith concluded this was enough, and Which were ofa very cautious and restricted several years ago or ce, free, balevl ihere wera aeration pro, Iwas holding Mr. Smith, aided by Mr. Smith. went on with the work in the meantime.
They had them both behind my back, and Mr.
Smith was then freed. He got hold of my 'CHARLES Brook CLark, sworn, stated—on ature. (Mr. Penfold handed in a apy Friday the 12th Mr. Smith came into my these) Ho found it stated here that" The hair with both his hands, forced me down to office. I was out. He then went. into the constable must be particularly guarded the ground, and held me there for about a Police Station and found me there. He ex. in the exercise of his power to apprehend per-minute, pulling at my hair. He then released plained that his coolies had been interfered suns for any of these offences against himself. ime, Anderson all Keeping bold of my hands, with and requested me to grant a permit. I He should not take persons into custody at till T told him he had better let go, and got told him I could not do so without first having the time, if they are known to him and can and shook him off. We all stood still together obtained the sanction of the Works' Combe apprehended afterwards on warrant oband Mr. Smith told Johnson to go for Mr. mittee, as I believed he was going to tak tained from their Consul."
Penfold. He left to doo. In the meantime up the stone forming the kerb of the side My. Sun said, to save the time of the the assistance I had sent for to the Station walk, He said "Yes, I am, but I will replace Court he would read a statement of the facts. camo—Sergeant Dzionk, P. C. Collins, and P. it by abetter and explained to me that the He then read the following Doyle. When they came 1 pointed to stones there were his private property. I left Last Friday, the 12th instant, my workmen Anderson and told Sergeant Dzionk to take him there, but he came in afterwards and I commenced to repair the pavements in front him in custody for assaulting me. He did so, asked him if he would write an application for of my shops on the Honan Road and the assisted by P. C, Doyle. I then took hold of permission to remove these stones, and stating front of my shops on the "Yang-king-pang Yang-king-pang Bund, and the pavement in Mr. Smith myself-and called on P. C. Collins to assist me, We took him to the Station, that he would replace. them by others more but on the way going we met his watchman suitable. He ead, "No, I wil of; they are Bund between the Honan Road and a private my private property, andi will not ask the returning, I told Collins to leave Mr. Smith Council for what is my pwn." Under those road separating my large Tea House from a European House. The former are private and to take the watchman in charge and he did circumstances I said I would bring it before pavements on my own ground, the latter is a 80, I saw Anderson resisting the two men the Works Committee without a letter, and Pelonging to the Municipal Council: Alf these avement made at my own cost on and who had him in custody, and trying to strike explained to him that it was out of my power, Daionk. Mr. Smith resisted on the second entirely, to give the permission. Prior to this pavements were not only made army own. occasion,.on the impulse of the moment, but conversation, the matter had been reported to ust but have been kept in repair by me for then went with me quietly, and told Anderson me, andi went out and found a trench cut many years past and up to the present time, to dose, on the outside of the footpath.. I directed The Council have never expended one cent To Mr, Eames—The coolie partly picked the shovel off the ground and then I took hold the police to prevent the road being opened. upon either of them, neither have they ever To Mr. Eastes—i am Clerk of Works to the notified me that I could not continue for the it. Mr. Smith did not take it from the Muncipal Council. Mr. Smith could not have future repairing them. Some of the men at-coolie and I from him. I swear he struck me the impression when he left me that he might tached to the Engineer's department of the before I put my hand on him, though without goon. I can swear I did not say the applica-'Municipal Council whose duty itis o look after marking me, He struck me once and shoved tion was a matter of form. I said nothing the reported to Mr. Clark what my work. me by the collar, and I took hold of him after-equivalent to that. I said it was a matter for men were doing, and believeorderswere issued wards by the collar—not by the whiskers, the Works Committee to decide, and apoloby Mr. Clark to stop the work commenced by though being long there might have been a gised to Mr. Smith for interfering with his me. Atall events, upon my shroff telling me portion of them on it. Then he struck me. work; but said it was my duty, and he agreed that my men at work with the pavement in a Eames asked what were sergeant Mcwith me. front of the large Teahouse had. een stopped ntoferenoe with edna. "He. understood Wvey's instructions with regard to To Mr, Rewxte—The work had been br the Kungpoo, I went up to the Engineer's stopped when Mr. Smith came to speak tome. office and explained to Mr. Clark what I was
Text read from the printed page and cleaned; old type leaves the occasional error.