or SHancual.
Before J. A. Leosanp, Esq., Consul-General U.8.4., aki R. A. Mowar, Exq., H.B.Mf. Acting and vox Lorne, Eeq., HI. German M.
Acting Consul-General, The Court met in the Court room of the U.S, Consulate-General at 10,30 o'clock a.m, Mr. H. Parkes Wilkinson appeared for the Plaintiff and Mr. R. E, Wainewright for the Defendants, The plaintiff's petition was as follows denied, and wish to hive the Court decide it.
The defendants are the Council for the The method of beginning thie case was Foreign community of Shanghai in the Empire discussed by Counsel, and the Court deci-of China elected by the ratepayers of Shang-ding that the right to open rested with the {hai in pursuance of the powers vested in plaintiff. them by the Land tions for the Foreign Mr. Wilkinson said—The plaintiff Angus Settlements of Shanghai north of the Yang-Macpherson is a Scotchman. He was a king-pang.
3.—By an agreement dated the Ist day of Policeman Tefore he came to, Shanghai has no recollection of signing' thi April in the year 1890 and expressed to be preliminary agreement he is alleged to made between the said Council on the one signed before coming out. He signed said Council to employ the plaintiff as part and the plaintiff on the other part, the final agreement. - Afterwards and on the constable of the Police Poise of Shanghat Bist of March last while on duty on and plaintiff to serve the said Council Broadway he saw a coolie obstructing as constable id for the period of five the side walk, He told the coolie to re-years from the Ist of April 1890 and under move the obstruction, The coolie assaulted and subject to the terms and conditions in Macpherson with a bamboo and ran away, the said agreement set forth.
4.—The plaintiff files with this petition a caught old of him by the pig tail, It was at Macpherson follow hin into & house und copy of the said agreement and claims leave this time that the coolie's mistress appeared. to refer to the same at the hearing of this Tu doing all this Avgus Macpherson was cheving at least eight of the police regula-5.—The plaintiff served the defendants as tions. Lad been an assault with a constable until the dismissal hereinafter weapon, and obstruction to the side walk ioned, and was always ready and willing to and a' disturbance had been created, continue such service for the remainder of The plaintiff reported the matter to the said term of five years.
6—On the 7th April 1891 the defendants Inspector Kluth at the Hongkew Station, or their agents wrongfully and contrary to the terms of the said cabeonteat of the Ist day of who told him he had done right. After: ward the coolie was sent to Macpherson as April 1890 dismissed the tiff from his he wanted to apologise, and thus prevent said employment as constable the matter from going fur This
has suffered and will suffer very grievously in 7.—By reason of the premises the plaintiff Macpheraon objected to and insisted that the case be taken before the Mixed Court, character and reputation and will lose the At the Mixed Court there was a hearing at wages and advantages that he would have which evidence was admitted which would derived from the said service, and the plaintiff not be allowed in any other Qourt, therefore prays that the defendants be ordered.
The evidence of Mr. Rylander was to pay him the sum of $3,000. as to what his wife had told him, The answer of thi \dants to the peti-Inspector Kluth testified as to what tion was as follows Mucphersom had suid at the station, All hearsay evidence. The case was dismissed +.—The defendants admit the allegations contained in the Ist, 2nd, and 3rd paragraphs of and the English Aesossor made some report ing Mnopherson to the police, signing the agreement in the petition men-the petition, and they further any that before was put on the defaulters' tioned, and thereunto annexed, the plaintiff having exceeded his duty. It when first.d by the defendants' agents that the Captain-Superintendent and before leaving Scotlan for Shanghai has acted with great kindness, signed a document headed ' Understanding towards Macpherson, but it must be re-upon which the undersigned proceeds to shang: menibered that the police is not military hai to join the Municipal Police Force" and but civil body and his mistaken ideas of which contained amongst others the following kindness are due to mistaken ideas of hin clause (1), The undersigned undertakes to However, the plaintiff was sum-submit to all fines, penalties and punishment: marily brought before the Captain Super-customary in the Shanghai Municipal Police intendent at a sort of military court martial Force for the maintenance of discipline and behaviour generally. The undersigned and Inepector Cameron gave his evidence xg to what had occurred at the Mixed Court. jas also read-and understands the agreement which he is required to sign on arrival in Macpherson was then asked what he had Shanghai as also the particulars of pay attach-to say for himself, When attempting to ed hereto. make his statement he was stopped. He 2.—With reference to the 5th paragraph of then said he did not want to be judged the petition the defendants admit that the the Captain Superintendent, te write plaintiff served them as constable until he was also ready and willing to continue such Was dismissed, but they do not admit that he the case judged by the British Consul,
service jer these regulations 3.—With reference to the 6th paragraph of 'Captain McKuen t. the petition the defendants admit that the would dismiss him, Jaintif' was on the 7th day of April 1891 plied that he could not di but they deny that such dismissal was wrong:
ese from his employment as constable, he had done nothing to be Captain McKuen then said he would refer [ful or contrary to the terms of the said the matter to the Watch Committee.
ment in the petition mentioned, and, on the contrary, they say that they were justified Mr. Wilkinson related what took place at in dismissing the plaintiff inasmuch as on the a meeting of the Watch Committes when rd April, 1891 the plaintiff behaviour towards Macpherson's case was brought before it, Captain-Superintendent MeEuen, his superior and read a copy from the minutes of officer, was insubordinate and insolent, and meeting together with a Board Order, 8i when on the 6th of the same month he was by the Secretary of the Council, dismissing fined and his promotion temporarily stopped Macpherson. by the Watch Committee of the said Council, he refused to submit to the devision of the 'The plaintiff was t'.en sworn and testified Committee. as follows:—My name is Angus Macpheroon. [was a police constable in Scotland—The defendants deny that they are in for seven yenrs before coming here, My. any way liable to the plaintiff on account of discharges in Scutluud are all good. Ido any injury he may have sustained of may sustain by reason of his said dismissal. not recollect signing thie document howl the particulars of Shanghai police pay Mr. Wi ison opened the case by stating to come out to Shanghai as a that since petition and answer hed been man forthe Municipal Council, (Plaintiff's filed the pla ntff had obtained employment agreement with Municipal Council hynded and that he was prepared to settle for the to him.) I signed this agreement, I was Court costs and nominal damages. not informed of the existence of a body Mr. Wainewright said that with the called the Watch Committee. (Book of defendants the matter was one of principle Police Regulations handed to witness.) Tt was claimed that the plaintiff had been wrongfully dismissed, This defendants This is the book of regulations that waa given to me.
Text read from the printed page and cleaned; old type leaves the occasional error.