Davie Mars, an employe of the Shanghai Waterworks Ca., appeared again on a summons charging him with having assaulted a Chinaman named Chao Yung-ch'ang by striking him on the head with an iron water pipe key. The complainant come into the st age ies which he laid at his feet yritness box with his head elaborately ndaged and carrying a bundle of blood
and assumed an air of great feebleness generally.
Mr. Warvewetcur appeared for the defendant who pleaded not guilty.
'Cuao Yoc-cu'ane cautioned, stated that he keeps a hot-water shop in the Chinkiang Road at the back of the Mixed Court. On the 2ist inst., Mr. Main came to his place and wanted' to increase the charge for his water supply by 50 cents. Witness understood last year that there would be no increase, but on Mr, Main's demand, he agreed to pay 20 centa a month more, saying that if all the other hot-water shops consented to the increase of 50 cents he was willing todoso too, Mr. Main then took up the iron with which he was turning off the water, and struck him over the eye and on the head with it, and kicked him two or three times. Witness took the iron rod to the Mixed Court Magistrate who sent him to the Hospital where he had been two days. Witness was covered with blood and had to be helped by another man to the Mixed Court.
In reply to his Worship who asked him if he wanted the man punished or if he claimed any money or compensation, Witness said—I am a poor man and will leave that to his Woeshie.
(is Worsurp asked if he had been put to any expense, Witness said that he was put to the expense of having a native doctor, to attend him for three days.
Mr. WarewnicHT observed that he thought it would be rather hard to find the doctor.
In reply to further queries by the Court the witness said that he had not been able to attend to his work on account of the injury to his hand which he was unable to move, He had been in bed ever since the assault.
Cross examined by Mr, WAINEWRIGHT—It was only the day previous to the assault that Mr, Main spoke to him about the increase in his water rate. On that occasion witness replied that business was very dull and he could not afford to pay another half dollar, "Mr. Main said he would come 1 again and that witness must pay the extra cents. When defendant came next day
50 cents or not, to which witness replied he asked witness was he going to pay the that he would do so if the other water shop owners were willing to do likewise, Witness did not say to Mr. Main that. would go back to the Whangpoo again, that he did not want the Company's water any longer; but he did say that he had paid Ts. 5 for putting up the water pipe and fittings. "The witness told Mr. Stain not to close the tap as he would have no water for his shop, and it was for this that defendant struck him.
A large iron implement with a cross bar at the top was produced, which the witness said was similar to the one with which the assault was committed.
Witness caught hold of the key when Mr. Main went to the water, but he did not try to take it away until after he was struck with it. Ho then tried to get it from Mr. Mai Witness caught hold of it before he had been struck, but he had to let it go before he was struck. He got it away after he was struck and took it to the Mixed Court. He put it aside.in the shop first, then brought it to the Mixed Court. He went to the Police Station first. Wit: ness was arrested and taken to the Louza Station after the occurrence. Two Chinamen connected with the Water Works Ca., and a jinricsha coolie witnessed the assault. Witness had since agreed to pay the extra half dollar to the Conrpany.
Mr, Warxewnicur in defence said that the witness's whole story was a fabrication. equated to pay the increase of 50 cents What happened was that this nan when
said, no, he would pay 20 cents, which Mr. Main said was not sufficient.. His client then went to turn off the water with the key, when this man rushed at him, -seized hold of it, and they had a struggle and the key was wrenched away from Mr. Main and flew up, the end of it striking the witness in the face. The fine theatrical pose of the witness in the box was all put on; the key simply flew up with the result of his own exertions and struck him.
In reply to his Worship, the witness said that Mr. Main struck him, and it was not
Text read from the printed page and cleaned; old type leaves the occasional error.