The hearing of this case, in which three men are charged with assaulting one Li Ching-pao with intent to murder, was continued, Mr. G. F. Curtis appearing for the prosecution and Mr. Macleod for two of the defendants, the third being undefended.
A certificate from Dr. Marshall, describing the condition of the complainant when admitted to the Shantung Road Hospital, was put in.
it. Curtis having closed the case for the prosecution, the first witness for the defence was the principal prisoner, Chang Sze-dong, who stated that on the night of the lith May he left the Sunlight Hotel at 7 p.m. and walked about till o'clock, when he went toa bathing house in Fokhien Road, where he remaiued until 10 p.m., after which he went home to bed and did not leave his house until 6 a.m. the next day. At Y am. on the 12th May he was sent to the Police Station with a letter from Mr. Hamilton, proprietor of the Sunlight Hotel, and was arrested. He denied all knowledge of the assault, and had not seen the complainant since the day he was arrested.
The wife and mother of the last witness gave evidence that he returned to his home at 10.30 on the night of the 11th and did not leave the house till 6 am. next day. In cross-examination however, they admitted sleeping soundly, and could not be certain that the accused might not have left the house without their knowledge.
The second prisoner, Chang-sung-dong, stated that he was employed by Mr. G. Dowler, at 133, Bubbling Well Road, and on the night of the 11th May did not Yeave the premises. Ho had never seen the complainant before coming to Court.
Mr. Dowler gave the last witness an employ for over twelve months, and had never been away a single day. In cross-examination by Mr. Curtis Mr. Dowler admitted that he could not say what the man did after he had dismissed him for the night.
Mr. Macleod contended that the case nce of the third unsoner, and ho consider-for the prosecution rested upon the evid-
ed that evidence perfectly unreliable. The man had paid 200 dollars to the complainant as compensation and the latter wished him to get off scot free. For the defence they had the evidence of three persons, throwing the balance in favour of the accused hom he represented.
Mr. Curtis said that an indisputable fact was that the complainant had had his leg broken and that he had been in the hospital for over six months. He certainly did not break his own leg. When on the point of death he had state ed to Detective-Sergeant Brown that he was attacked with an iron bar by Chang Sze-dong. It was not to be doubted that the latter stole a ring and $40 cash from the complainant on the morning of the 12th May, and that the latter "had his finger broken in the struggle. There could be no possible doubt that the third prisoner would not have paid $200 to the complainant as compensation had he not been present at the time of the attack, and he would not come into Court and admit the fact if it were not so. He had stated emphatically that the brothers Chang ley in wait for the complainant and assault ed him with an iron bar. He had no doubt of the identity of the men, for he mew the Changs well and saw the assault committed, By telling this he was implicating himself in the matter, which made it all the more likely that his story was a true one. The statement of the complainant made shortly after the assault, when he was in a dying condition, was surely worthy of credence. Hoe had been under heavy ex-Penses at the hospital, and had suffered such agony as only those who had experienced the pain of a compound fracture of the leg were competent to imagine. That Chang Sze-dong was not in the shadow of the gallows was due to no fault of his own, but to the unromitting care and skill of the Shantung Road Hospital stof. Chang Sze-dong was 2 candidate for the han; 's noose, and should be behind the bars of a prison. He was a would-be assassin, and if permitted liberty would be 2 menace to the community. The complainant had been given an excellent character by two em-Ployers, both reputable American citizens and business men of the Settlement, one of whom had employed him with every satisfaction for eight years. Mr. Dowler had admitted that he could not account for the movements of his mafoo after dismissing him for the night; and the wife and mother of Chang Szodong had admitted that they slept soundly. The Court would surely reject. the absurd story of the bath house told by the principal prisoner. The third prisoner had said he was taken to the theatre by Chang Sze-dong on the night of the assault, and was then led up to the spot where the two Changs lay in wait for their unsuspecting victim. What motive could he have to concoct a story that implicated himself in the matter? Whatever conclusion the Court came to on the case it was hoped that consideration would be shown to the third prisoner.
The Court reserved judgment until Wednesday morning at 10 a.m.
Shanghai, 3rd December.
Before Mr. Cxaxo (Magistrate), and Mr. B. Gites (British Assessor). The' British Consulate Flower Pots.
'The adjourned hearing of the case in which a man was charged on Monday last with stealing flower pots from the house of Mr. R. W. Mansfield, at the British Consulate-General, was' resumed.
The amah of Mr. Lowe, employer of the accused, stated that she knew the accused was in the habit of going to his homo in Hongkew through the Consulate Grounds, and that he sometimes carried flower pots with him.
The Assessor remarked that the only cause for adjourning the case was that the accused had denied being in the Consulate compound at all on the night in question. However, in view of the evidence which had been adduced for the do-fence, ho would order the man to be discharged.
Text read from the printed page and cleaned; old type leaves the occasional error.