R. v. Cus!
Alexander Cushny, junior, was charged with assaulting P.C.389 whilst in the execution of his duty Native P.C. 389 stated that on the night of the 2nd inst. at 9 o'clock he was on duty between the Canton and Szechuen Roads when he saw defendant coming from the German—Club. Defendant then approached witness jan spoke in a language he could not understand. Then without witness saying anything defendant struck bim with natick, Witness only said "I do not understand," when defendant at once hit him on the arm and on witness trying to ward off the blow defendant struck him with his fist on the mouth making his lips bleed. Witness then blew his whistle when P.
came to his assistance. A coolie employed in a house next to the German Cub also witnessed the assault. When P.C.397 came up defendant bad hold of witness arm, He tried to make defendant understand that a case like this would have to be reported at the station, and defendant took bold of his arm to prevent his going to the station. Four gentlemen then came out of a house and persuaded the defendant to give his card. After handing witness his card defendant struck bim again twice with his fist. Witness then took the card to the station and reported the matter. He had never seen Uefendant before and did not know who he was. He had been in the force for 1 year and a half. He was in the middle of the road when defendant came up. Ho was on traffic duty.
Mr. Cusbny—Is this warrant in order at all?
His Worship—This is a summons and not a warrant.
Mr. Cushny——I understand that a complainant has to give the information on doth before a warrant or a summons is issued.
His Worship—I will point out to you that I will not issue a warrant without statement on oath.
Mr. Cusiny—May I ask you what power the Municipal Council has to interfere with residents in this way?
Lis Worsh{p—Do you mean to hint that the Municipal Council has no status at all?
Mr Cushny—I admit I have struck this man because he got hold of me. No howe else, has any right to get hold of an, whether Sikh or Chfnese, or me. Task you whether the police are justified in doing this to a man who has been i a here for the past twenty years. Before I put myself in any false position I would Mr. Duncan McNeill. the acting Crown ' like to know whether tis warrant is per-'Advovate, applied for the practice in this Court of Mr. admission to, fectly in. order. lis Worship—If you had refused to Mornay Bidoulac, barrister answer to that swmmons you would have Danish subject. committed a great wrong, and T shoul Mr, McNeill handed to his Lordship the B® issued a warrant at once for your arcettiticates referred to in the affidavit, ces that Bir. Bidoolao had practised: f+ Curbos—Z would Fas beter ectiatec in' Caldenbo; Rangoon, and {to 207: ommanas mace on hee Bangkok.
His Lordship said—Mr. Crown Advo- fect order and the police were right in [cee Worship—The summons is in per Worship—cate, T have great pleasure in acceding to' doing what they did. your motion. It gives me great pleasure, Mfr, Cushny—May Task you if this By. Bidoulc, to ait you to pratog in evmmons is in order. Mey 1 hana subject, will be admitted subject to the Soon erased from it. Ts that in order? being a British soy, You will observe that something has Mr. Nelson opened by mentioning that usual conditions.
His Worship—Entirely in order. You Mr. Bidoulac—As your Lordship pleases. would hare done a foolish thing if you had he desired to make another small amendment in the amended answer.
Mr. Bidoulac afterwards signed the roll. j refused to come.
Text read from the printed page and cleaned; old type leaves the occasional error.