Peking, June 20, Evidence for the defence was heard when the Weatherbe case was resumed at the British Legation this morning. The proceedings again attracted little or no public attention. On the Bench with Mr. W. P. W. Turner, British Consul in Peking, who presided at the trial, was Dr. Chang Vu-chuan, Counseller of the Waichiaopu, who acted as Chinese Observer.
Opening the defendant's case briefly this morning, Mr. P.
Kent indicated that Mr. Weatherbe would deny that he struck the complainant on the chest, but would admit that he struck him once on the face. His defence for this. striking was that it was done under ireumstances of strong provocation, in self-defence, in defence of his property and his servant, Mr. D'Arey Weatherbe, who! described himself as a retired consulting engineer residing Paomachang, then gave his evidence. He said that previous to the occasion under review he had collected parcels from the Post Office and had never paid any Octroi tax. When he collected parcel on April 23 he was handed paper and he supposed it to be! written entirely in Chinese as had been the case always before. He did not realize: that it was written in English until his attention was drawn to the fact two days later at the British Legation.
'After paying the Customs duty' on the parcel, proceeded Mr. Weatherbe, he took it away from Post Office and threw it into his motor car. He then told his coolie (he had no chauffeur) to crank up the ear. When he attempt-nobody; to. his "knowledge, bad spoken' to him. Just before he. got in he noticed that one or two Chinese were following him. Pushing these two men aside, he got into the car and sat down in the driver's seat. He then saw that-the coolie was held by two men, not including the complainant. Witness called on the coolie to start the car, but the others held on to him and prevented him from obeying. Witness then got tout and protested, but he saw that it would be impossible: get the coolie away without a Struggle, He therefore re-entered the cav with the object of starting with the self-starter and was seized by the men and violently pulled and pushed. He managed eventually to get into the car, but could "not shut the door because these men crowded in after him. They continued to poll him about and, seeing that it was impossible to get the servant away, he jumped out of the ear and rushed at them and they fell back. He struck at the nearest one, who happened to be the complainant, and hit him on the left side of the face. Witness struck nobody but the complainant, and him only once. The man did not fall down and Mr. Weatherbe Temarked that he saw no blood. He explained that he struck the blow fu order to get away from theca men and he did not know of any other method he could have adopted.
Struck Twice by Complainant that'after fe struck the blow he Continuing, Mr. Weatherbe said returned to the car and secing there the policeman who gave evidence yesterday, he called on him to pre-Yent these men from bitting Ind. to. make them release the coolie, The complainant had struck twice, while he was getting into plai The policeman took no ear, before he struck the com-
notice whatever of witness then jumped into the car and, managing to close the door, started the ear. Several men, including the complainant, jumped on to the footboard and at least one held on to witness's sleeve. When the ear started they jumped off and witness drove off into the Legation Quarter, leaving the car near the Chartered Bank and returning on foot to the Octroi in order to de-rand the release of his, coolie and the return of his parcel, which had been taken from him. He saw the Head of the Octroi and complained of the assault made upon him, The official "said that witness hed brought it upon himself by running. away with the parcel and he refus-fed to let the coolie go. Later on he went to the British Legation and made a complaint about the in-
'When the question of the coolie giving evidence came up about 10 days ago, Mr. Weatherbe said, the man was' very nervous and reluctant to appear. The coolie stated that when he was held prisoner in the Octroi he was intimidated and threatened.
His Honour caid that this eyidence could not be admitted and, Mr. Weatherbe having concluded' his statement, he asked the complain. fant whether he wished to cross examine, The complainant replied that he would like to ask a few questions and His Honour then Gecided to adjourn the Court for half an hour in order to give him 'a chance to prepare them. been sent to the Waichigopy. His Honour ssid he had no judicial-knowledge of this and Mr. Prideaux-Bruno, when questioned, said. that no despatch had been sent either to the Waichiaopu or to the Octroi. He added that the morning after the incident occurred he went to see the Superintendent of the Octroi, under instructions from the Minister, and communicated Mr. Weatherbe's complaint. He later wrote a private letter to the Superintendent asking for the release of Mr. Weatherbe's coolie.
At this point the hearing was ad-Journed to the afternoon, Addresses to the Court, After tiffin, addresses were heard from both sides. Mr. Kent, for the defendant, suggested that the evid-fence for the prosecution was aggeration and should be received with caution, It was inconceivable, he said, that a man of Mr. Weather-e's age, experience and position should have committed the unprovoked assault alleged. No: Rridence had been called to show that the complainant's duties justified him in arresting or restraining people and Mr. Weatherbe was in any case technically within the law. Mr. Kent concluded by asking that the summons should be dismissed.
The complainant's submission was that Mr. Weatherbe hed been guilty wult_and had also. "forcibly to pay the Octroi tax. Hu. therefore asked that the defendant should be punished according to British law and should be made to Pay, compensation.
The Court reserved its decision, His Honour stating that the date of judgment would be communica ed to the parties in due course—Renter's Pacific Service, Defendant Fined $25 and Ordered to Pay $25
Compensation Peking, June 25.
Judgment was given in the! Weatherbe case this afternoon, Defendant was fined $25, and ordered to pay the complainant the same amount. Mr. Weatherbe asked and was granted stay of execution to enable him to consult a lawyer with 'a view to appeal—Reuter's Pacific Service, Tue Hankow Houhu Tax Bureau, which was instituted by Marshal Pei-fu several months ago, props pledge a tract of Ind som 820,000 fong in area to a certain ist syndiente in Shanghai, Bureau is willing to allow foreigners to purchase land at the back of the concessions. provided they are willing to pay the taxes and abide by the laws enforced by the Bureau, cays the Chinese proes.
Text read from the printed page and cleaned; old type leaves the occasional error.