Joun Hvanss, a police constable in the employ of the Shanghai Municipality, was charged on remand with assaulting a woman named Koo Wan-pao on the night of the 30th ult, Capt. McBvew again appeared to watch the case on behalf of the police.
Mr. D. P. Druxamonn, who appeared for the defence, called Parnick Vincent Murruy, who said—Tam a sergeant in the Shanghai police. was in charge at the Louza Police Station at twelve o'clock on Friday night. I sent the accused on his beat at about ten minutes past twelve. He was then sober.
Phillips that if acoused was drouk I should By Capt. McEvex—I said to Sergeant call the Inspector.
By the Courr—I said this on account of accused not coming at his proper time, twelve o'clock.
Sergt. Pumps recalled by Mr, Drummond said—I saw the accused before he went out on his beat. He was fit for duty. The arrish came to the Station at two o'clock, By the Covrt—Accused seemed to be under the influence of drink when he returned to the Station at three o'clock! There was mud on his knees and on his cape.
he trousers and cape were here produced.
Toxo Cx1xa-saxe, native police sergeant aaid—I was at the corner of Hankow and Hupeh Roads at seven minutes to one on Friday night. Accused came up and asked me the time, and I asked him if he had Jost his watch. He said he had no watch. I told him the time, and he said all right" and went away. Ho walked quickly. Native constable No. 227 passed at the time. None of the native constables reported any disturbance to me.
Native constable No. 227 said—I was at the corner of Hankow and Hupeh Roads on Friday night. I saw accused, I heard him ask the last witness the time. I cannot say if he was sober or not, as he was in the middle of the road and I at the side.
Inspector Howaxp called at the request of the Court said—Accused would have been on his beat if at the spot and at the time described by the last two witnesses, His regular time to return to the station would be about three o'clock.
Joun Crowar, police sergeant, called by Capt. McBuen said—I was on patrol duty between midnight on Friday and 6 a.m. Saturday. I was in charge of the accused. In the ordinary course I should have met him three or four times; I did not see him atoll, I saw him when he came to the station at three o'clock. He had a sergeant coat, (No. 8) on, his own constable's number being Mr. Dromtoxp, in submitting the accused's version of the story, urged that it was improbable that the accused should have dragged the complainant out of the house when he could more easily have effected his nefarious purpose inside. The mud on his clothing might be easily accounted for by the dirty and rainy weather.
His Worsmtr, in giving judgment, said—I do not entertain avy doubt about a common assault having been committed. The reason why I said on Saturday that I did not think there was any case to go to a jury in regard to the graver charge was that this waa a charge brought by an admitted prostitute and unsupported by outside evidence. Any jury would be very loath to convict of rape; and if I were the judge on the occasion I should not have recommended them to do a0; but I did not mean to say that I disbelieved the prosecutrix's story of having been dragged out of the house to the alleyway and there assaulted. When such a woman is assaulted in that way she would probably make less resistance than a virtuous woman would but the evidence suficiontly satisfies me that a very serious assault was committed by " police officer in uniform. If the evidence of the woman, even though she is a prostitute, had been' supported by independent testimony, I should have had no hesitation in sending the case for trial as one of rape; but being unsupported as it was, Icould not dose. have no hesitation in convicting the prisoner of ® common assault. It was a very grave one, committed under colour of his office and in uniform and to my mind the evidence of the female witnesses is strongly corroborated by Sergt. Phillips, who' finds him coming to the police station under the influence of liquor, with his clothes in such a condition as to show that the atory or the prosecutrix is correct. It 18 an offence which I cannot pass over lightly; and the accused must go to prison for six weeks with hard labour.
Text read from the printed page and cleaned; old type leaves the occasional error.