Siny' Ah-pao were charged on romand with obstructing native detective Ming Tet whilst in the execution of his duty on the 26th of March; also with assaulting and heating the detective and rescuing a prisoner from hiv custody, This cave was continued from the previous day.
Tuspector G. Matheson appeared for the Police, and Mr. A. 8. Wilson for. the Wong Kwai-twe, a farmer of Singza stated that about 7 p.m. on the 2ist o the second moon ho saw the well-known thief Wong Yoh-ying in Morriss's village. Witness saw the thief enter the tea-shop and having placed another second to watch the house he went to the police station to inform the detectives. On returning the detective asked the second where the thief was, and he said he had gone in a southerly direction. The detective called the thief by name and asked him where he had been recently, and he replied he had only just returned to Shanghai. The thief was accompanied by another man, who while they wore talking went away and returned with more than ton persons and demanded of the detective, the reason for arresting the man, The detective told the men that the man he had arrested was a thief. The people whom the thief's friend had fetched then began to fight with him and the thief got away. Five or six persons assaulted the detective who was knocked down and fell into a ditch. Witness arrested one of the accused because he saw him assaulting the detective. Witness was knocked down and he heard people shouting "knife, knife," but he did not see any instrament in any man's band, it was too dark. The accused were taken direct to the station after the assault.
By Mr, Wilson—As soon as these people commenced fighting the detective blew his whistle. Ho was then knocked into the ditch. Witness was assisted by a ricsha coolie to arrest the man he conveyed to the station. He was quite certain the thief went off in " southerly direction, Re-examined—Witness saw over ten orsons assaulting the detective but only the five prisoners were arrested.
Chang Ab-sai, ricsha coolie in the employ of detective Ming Tsu, said his master was told of the presence of the thief in Morriss's village so be took him there. They were than told that the thief had gone in " southerly direc tic Witness put the ricsha into an alleyway and followed: his. master who overtook the thief, Wong Yeh-ying. Witness corroborated as to the conversation, and assault. Eight or nine men went to his master's assistance. Hoe assisted Wong Kwai-tze to arrest a man who had assaulted Ming Tsu and knocked Wong Th Kwai-tze down.
The case was further adjourned.
Shanghai, 3rd June. This case was continued from the previous day.
Me, Wilson said that on the evidence befor: the Court he wished to apply for a dismissal. of these charges. Assuminy the existence of te thief fa Shanghi, an assuming that the story of the d.tective was true, that clearly was not supp rt of the charges, or wax it possible to substaiitinte these charge, mad. According to the statement. of the detective he knew of the presence in the French settlement of this thief several mor got} his infor had yee that thee convicted
a light sentence. the m fter to his superior officers Tnying ts motion before thew, whol on it his superior office: might t there were reasonable of the th entirely rards the detective was informed by one of his seconds that this thief was at a certain place in' Murri-s's village (Counsel was assuming the story was true). This thief had been deported and only just returned to Shanghsi. There was no'hi in the conduct of the thief to raise cion at this time that he had comm felony but in spite of that tt took pou himself t" decide mut was a thief, and, without the ponnission of his superior officers, to arrest the mau without a warrant at all. Such an act on the part of the detective wxs xo egal nct Tt was enact which amounted to a breach of the peace, and on such an act being committed any. bystanders were ly entitled, justified, and lawfully allowed to into-fore and prevent such an assault being made, That was a well-e-tablished princi; le of law which would apply in this cave in Shanzbai, and there was no reason why uy difference should made because it was in Shanghai. There were only two grounds on which anyone could be arrested without warrant, name.y, firstly, when " charge was made to a police constable by sri independent person then the coustab'e might arrest the person and bring him up before a magistrate at nce. The second case was where the police coneable had reasonable suspicion that a felony hat teen committed What amounted 10 was not a matter for Counsel the eves on the the det ctive but for the Court to decide, "Fen xn Broo inw tas Lire" Oterke's is warranted point, "and at home it was held that ble suspicion was in such oases as 8 man coming out of premises at night time with a bundle under his arm, ing along with a knife dripping with blood and a corpse near by. It was only such cases that arrest ut & warrant was justifiable at all, To show the how far the Oouris at home had gone in the matter he would refer to the case-of Moore v. Kays. This was case where a man hat toryed dividend warrants and information.was lodged by an accomplice who had turned King's evidence, and the Court held that this arrest was absolutely illegal. -He wished the Court to compara that with the facts of the case before it.
only information which the detective had was that given to him by a man in the mistaken hope, be expected, of hit sentence made lighter. That in any way. constitute ® suspici as the convicted man might say that if he could bring some offence home against another. man he would get lis own sentence lightened: It was absolutely absurd for the. detect call this reasonable suspicion—convicted man. Considering' the matter from a practice point of view it was quite true that in dealing the Chinese a certain latitude had to be allowed to the detectives so as to allow them to arrest on suspicion, but if a detective was allowed to keep. back information. from his superior corruption, if arrest was allowed Officers it would open the door to endless simply on' the information given by the Bet] detective it seemed to conusd] to matter of rent concern and likely to lead to great mircarringe of justice. The detective could keep back what he liked and tell only as much as he liked. If the Court was of opinion that the detective Ming Tou was going outside his duty in arresting this man, and assuming his story to be true, he was wrong in trying to arrest the' man Wong and the accused were not committing any offedcs in trying to prevent the arrest. Ming Tou was not acting in the execution of his duty and therefore the charges could not be upheld. On these grounds Mr. Wilson asked the Court to dismiss the charges xt once and mischa: ube prisoners.
"The Assessor said that if the application for dismissal of the charges were made separately they would have to adjourn it would take some time in consideration, but if Mr. Wilson finished his oxse then the matter could be considered as a whole, Mr. Wilson said that he hoped. their Warships would decide the question at once. The accused had been in prison more than two months and had only about three weeks more to serve and it seemed a Kreat injustice to keep them in prison.
The Assessor said that in any case they would have to leave the decision of the question raised to anvthor day.
Mr. Wilson asked if he- might open his cave and then the matter be considered.
Tt was decided to hear Inxpector Mutheton in reply to Mr. Wilton. The Inspector said when this case wax before the Court in the first instance on the 27th of March last, there wore four witnesses called for the prosecution including the detective Ming Tou. At that time the case was carefully enquired into xnd the Court prisoners now ut the bar were guilty of the el brought against them and were sentenced to three month,' imprison Daring the hearing the second time the prosecution called ten witnesses. The first witness was Ming Tsu who said that one of his seconds reported to him that there was a well-known thief in a house in the Taku Road. The detective was very enthusiastic about. it and without consulting xnyoue he went off to Taku Roxd in his ricsha, When he arrived at the house the thief hai le.t but the detective caught lim up in the street.
waa well-known thief and had
Text read from the printed page and cleaned; old type leaves the occasional error.