Kuang Hsit, 24th year, 5th Moon, 30th day.
Warrant ismed by Chang.
Runners Lee Neu, Ling Tsen, Doo, Ling, Zao Zia No mention is made of the prisoner in this warrant. Itistrue that at the end he is mentioned, but in the body of the warrant it only refers to those two families. I would like to call the Court's attention to the fact that in my knowledge at the time the warrant was issued there were living the father and brother of Chu, and there is not the slightest doubt that these two men were gamblers. They were brought up for it. The father came before the City Court and was convicted, and T understand that he died in prison. The brother way brought at the Mixed Court and sentenced. But, Sir, in this warrant the name of the prisoner does not appear as one who must be put upon his trial for gambling.
The Assessor—I don't quite follow that. How do you suggest he came to be involved in the case? Who brought his name forward You say his name was not originally on the warrant issued by the Shanghai Hsien, but there were probably several supple: mentary warrants issued upon which his name did appear.
Mr. Ellis—I have been trying to trace any possible way in which this man's name did appear or was made to appear, but I have failed.
The Assessor—As far as you know all the warrants that were ever against this man in Court sector Ramsay—Yes, Sir. Perhaps I may be permitted to say something. Mr. Ellis suggests that I had this warrant sny possession, Th slipped me on Friday last Mr. Ellis—Be careful, Inspector Ramsay.
Tuspector Ramsay—It was my mistake, Sir. T was under the impression that ho was arrested on this warrant. It was on the first warrant that he was arrested, though this warrant must have been in existence at the time.
The Assessor—Did you ever have the warrant against him for gambling in your possession Tuspector Ramsiy—Only the one issued at the instance of the Viceroy of Nanking, and that we can say positively had his name upon it.
Mr. Mayers—His name got upon that warrant owing to information given to the City magistrate, who was instructed to stop gambling in Li Hongkew. He put his Yuuners on that work, and among the names reported was Chu Lung-lung. His name was upon the warrant, but apparently he was never arrested.
Mr. Ellis—Such are the charges in respect of the prisoner, and you ask me to explain why this man is the cynosure of the City authorities and the police. T feel that a great deal of responsibility rests on me in answering this, and T felt on Friday that it would be more respectful to thi Court if I gave the subject every consideration. You kindly granted an adjournment, Sir, and I have thought over the matter. There is a well-known custom which has the force of law in this Court—have no better authority for the statement than you, Sir—that if a criminal charge is made it must be before an Assessor, and if the prisoner is going to be sent into the City for trial on that charge it can only be after a primi facie case been established to the satisfac-of the Assessor. Now I ask you, whether you consider a prima facie has been made out. It may be that the Chinesu authorities think that a prima facie case is simply the issuing of a warrant on a statement made to them. But surely, Sir, you cannot rule that that is also your idea of the establishing of a primi facie case before you. You have also said that before sending the man for trial the Court had to be satisfied that the case was a valid one. I ask you, Sir, to insist to the Magistrate—and you' have the power—that in the practice and rulings of this Court there shall be extended to avy prisoner who comes before you fairness and consideration, 'This prisoner is on-titled to that privilege, and he is on-titled to be protected' against having trumped-up charges made against him, There have been three charges made against him on which—I don't wish to say a credit to myself—had T not been here that man would possibly now be undergoing punishment. As to the question why this man has been such an object of interest to the police, my answer is this. I most emphatically say that it is not incumbent upon me as acting for him. It is a rule of this Court, although it may not be written down in black and white, that if an accusation is made against a man, before that man is called upon to show that he is innocent it is the duty of the accuser to show that he is guilty. But out of consideration and respect to you, Sir, who have extended to me so much consideration in this case, and out of respect also to the magistrate, Thave gone out of my way. I have shown the lived here all his life, and I can bring the prisoner is a Shanghai. man, has letters which disclose the more powerful fact that he has never attempted to disguise his identity. 'The prisoner's mouth' has been closed all this time. It was closed because I insisted that it should be closed. What I have done and said in this case his been entirely on my own responsibility. (he prisoner left his defence entirely in my hands, He was quite prepared at any time to answer questions in this Court, but Ielosed his mouth not because I was afraid, but because if you sit in this Coure and wish to see justice administered you will not insist that people who are represented by counsel should be subjected to cross-examination until that becomes necessary. Tam prepared to say, Sir, that unless you insist on this man answering questions here he will not do so. I have attempted to be as brief as Ican. Ihave had to bring all these facts before you, to you to be extremely careful "before you send this man to the City, because he is entitled to your protection. There has not, I say emphatically, been a tittle of evidence brought forward by the City authorities. If they come here and want to avail themselves of such privileges as taking away people from the Settlement they have got to comply with what is law im this Settlement. With these remarks I leave the case in your hands, Sir, but if you want to know what this persecution-I use the word which you have used yourself—has been, Iam prepared to offer eridenco which will' show
Text read from the printed page and cleaned; old type leaves the occasional error.