the Mixed Court on Wednesday morning before Me. Wong (magistrate) and Mr. F. Mayera (British assessor), Moh Kwei-too, tailor, surrendered to his bail of $5,000 to answer to the charge of feloniously setting fire to his shop No. 334, Woochang Road, on the 22nd inst. with intent to obtain the insurance thereon. A basket of bamboo shavings soaked in Kerosene and a four-gallon tin of kerosene found on the premises were brought into Court. Four servants in the employ of the defendant appeared to give evidence. Inspector Ramsay had charge of the prosecution and Mr. W. A. C. Platt (Stokes and Platt) appeared on behalf +f the Imperial and Commercial Union Insurance Companies. P. ©. 36 was first called and stated that he first saw the fire at 4.30 on the morning of the 22nd inst., and that at the time he was in the Szechuen Road and from 200 to 300 yards distant, and was from tivo to three minutes getting to the scene. On arriving he discovered smoke issuing from the door of the accused's shop. He immediately broke into the premises aid tried to arouse the inmates, if any. He could hear nothing above the crackling of burning wood and could see nothing for the smoke. Examined by Mr. Mayers, the constable stated that the door was barred on the inside by a wooden bar, that there was no blaze in the front room but that the flames were about to work through and that the smoke was too dense to allow hin to look for inmates. He was quite satisfied there was no fire in the house at the rear, and that the fire bells rang about two minutes after his arrival. Mr. E. W. Sharples, foreman of the Mih-ho-loong, who was next asked to give evidence, stid that he resided close by the scene of the fire and first heard the policemen's whistles he did not take the time but wa told by his people that it was at 4.30 stated. He looked from his window and caw smoke issuing from the roof ut the back of the shop, pointing out the spot on the plan of the buildings Isid before the Court. Questioned by the Assessor he asserted thut the smoke issued from the back of the store; that he went up the alleyway to look for n good place to play the hose and that at the time there was no fire in the house at the back; that had the hose arrived earlier the house at the rear (No. 172) would have been saved. 'The evidence as given was then interpreted to the Magistrate. Mr. L. J. Cubitt's evidence was next taken. He stated that he was the foreman of the Salvage Corps and corroborated the previous accounts of the fire. A pack of empty P. Coats' cotton boxes, intended to represent part of stock, were brought into Court' which Mr. Cubitt ndiitted having salved. In reply to Mr. Mayers he stated that the prisoner's stock was of little value and tha" he had probably from 20 to 30 rolls of cloth on the premises, besides a quantity of very inferior soap, scent, etc., and, on being shown the plan, stated that he believed the fire originated on the spot marked by the police. The servants of the prisoner then underwent examination which was conducted solely in Chinese, but from an inter-prefer engaged by tle Insurance companies, we learn that they stated that at the time of the outbreak, they were sleeping in the middle room upstairs. They did not see any iceman, and were aroused by sume-one They came down the stairs leading out into the alleyway and at the time there was no fire on their premises. On being asked why they did not assist the police in removing their chattels they said they were so confused they did not know where torn. 3 ings, as in Court, were used for lighting kitchen fre. They declared that the fire broke out in No. 172, Szechuen Road. In cross examination they contradicted themselves regarding the declaration that there was no fire on their premises when aroused. They also sail that the prisoner slept out of the house the night of the Gre and the two previous nights. This was afterwards con tradicted by prisoner asserting that he only slept out the night in question and that he was in the habit of occasionally sleeping out for one night. The prisoner in his defence indignantly resented the charge of arson, declaring several times that he was incapable of com act; that his house and how could a fire originate there? and that the kerosene in the shavings was owing to a leak in a lamp suspended from the ceiling. At the conclusion of the examination Inspector Ramsay informed the Court that a deputation of about a dozen of the leading tailors had waited on hin on the Monday morning cottifying that the prisoner was a man of high' moral character, had a good business, and could have no motive for firing"his premises. They also stated that they were willing to give any security for him. But on this Wednesday morning Messrs. Ching Fong and Chang Chow had called on behalf of the said deputation and stated that they wished to retract all they had said, as they had since learnt that the prisoner was a man of bad character with numerous outstanding debts. Magistrate finding the case proved said: "Yon cheating devil! you can't chet me!" and thereupon declared the prisoner guilty. In summing up he stated that ho wanted to be just in his dealing with so serious a charge and therefore reserved his judgment until Friday that he might consult with the Taotai At the Mixed Court on Friday morning before Mr. Wong (magistrate)and Mr. S. Mayers (British assessor), Mol Kwvei-too, tailor, who was tried and' found guilty on the 26ch inst. of feloniously setting fire to his shop, No. 334, Woochang Road, with intent to obtain. the insurance thereon, was brought up for judgment.
On the prisoner kneeling at the bar, the magistrate said: Moh Kwei-too, I have visited your shop and found everything as stated by the Police and others. I saw there a heap of bamboo "shavings saturated with kerosene oil, and on that point I am confirmed in my suspicion that you ate guilty of the charge of arson. You removed your family to Ningpo in the 2nd moon. Moreover, ina store like yours where business was transacted on so large a scale you ought to have on your premises at least ten or more people, but on the morning of the fire only three persons were found. At the back of your premises are three houses, and I have found that they are occupied by new tenants who are your friends. In the middle house I also found a quantity of bamboo shavings likewise satur rated with oil. In your defence you stated that the fire originated in those premises, and I have examined them and found the ground floor in perfect condition and not burned at all, I have taken away some shavings from your house and, as they are now beside you, you can smell them."
Mr. T. R. Jernigan here interrupted the magistrate and asked leave to make a motion.
Me. Mayers—The case has already been tried twice, and the prisoner is found guilty; if Me. Jernigan, on behalf of the prisoner, wishes to make any motion, he can appeal ton higher Court, We cannot allow. any lawyer to come and interrupt the proceedings after the case has been decided. No precedent hag been established for such a case, Mr. Jernigan—I am sorry to interrupt the business of the Court, but the assertion of the British assessor is entirely uncalled for.
Me. W. A. C. Platt (Stokes and Platt), representing the Imperial and Commercial Union Fire Insurance Companies, here stated that if Mr. Jernigan entered a motion he would object.
The magistrate then, through an interpre~ ter, informed Mr. Jernigan that the case bad been tried by him and the British Assessor on the previous Wednesday, and that they, had found the prisoner guilty. Sentence was deferred till Saturday in order to communicate with the Taotai, and also to visit the scene of the fire.
Mr. Jernigan—I have nothing personally to do with the case, but I have been asked by a friend of the prisoner to put this motion on his behalf. My motion is this, to -postpone the case until Monday my reason is that I hope to bring fresh evidence to justify a reopening of the case The magistrate then sentenced the prisoner to one year's imprisonment in the new gaol with hard labour.
Mr. Mayers hereupon informed Mr. Jernigan that if he were dissatisfied with the finding of the Court he could appeal to the Taotai.
Mr. Jernigan then intimated he would make the appeal.
Text read from the printed page and cleaned; old type leaves the occasional error.