In this case Yih Yih-sze, shopkeeper, Yih Ping-kwang, shopkeeper, and Pao Sim had been charged with gross carelessness in allowing a fire to break out! on their premises, Nos. 77-78 Honan Road, and with failing to give an alarm and report of the outbreak to the Police, on Jane 9. Asa resalt of the original trial Yih Yih-sze was sentenced to four months' imprisonment, Pao Sim was fined Tls. 5,000, and the charge against Yih Ping-kwang was dismissed. An application for a rehearing was subsequently granted on the application of Mr. W. S. Fleming, and the rehearing took place on July 16 and 20, when Mr. G. H. Wright appeared for the prosecution and Mr. G. D. Musso and it. W. S. Fleming appeared for the defendants and also watched the proceedings on behalf of the Sundry Goods Dealers Guild.
The Court now rendered its decision on the rehearing, which was to the effect that the charge against the two men who bad previously been convicted would be dismissed. The Assessor said that a considerable quantity of evidence had been introduced at the rehearing bice was not forthcoming at the trial and on the additional evidence #0 introduced the Court found that the defendants wore not guilty of the charges brought against them.
The Assessor then said that at the last hearing of the case Mr. Land was one of the witnesses for the defence and on the day following the hearing, statements appeared in the newspapers that Mr, Land had said that a statement made by Ipspector McDowell wasalie. He had not heard Mr. Land ase the expression, bnt if the newspapers were correct, it was due to the Court and to Inspector Me-Dowell that Mr. Land should withdraw his remark.
Mr. Fleming said there had been complete misunderstanding between Inspector McDowell and Mr. Land. The former had made certain accusations against Mr. Land, which the latter absolutely denied, and when Inspector McDowell repeated the accusations at the last hearing, Mr. Land again denied them. Exch party considered that the other had done him an injustice.
The Assessor said that, whatever the cirenmetances, Mr. Land had no right to make such a remark in the Court, Mr. Land should withdraw his remark.
Mr. Land came forward and said he regretted having made the remark, bat at the time he was very much annoyed the accusations made by Inspector McDowell. In withdrawing the remark, he wished to explain that the accusation made by Inspector McDowell was quite uncalled for and was quite incorrect.
The Assessor said that if such were. the case, the proper course for Mr.
Land to take would be to bring the matter to the notice of Inepector prior offer, Tu acting Proper respect a the Court.
Land had not shown
Inspectot McDowell pointed out that. Mr. Land called him a liar when he was in the act of apologizing to Mr. Land. He (Inspector McDowell) had told the Cent hat Mr. Land had appeared in previous arson He had written statements (produced) from Sub-Inspector FitzGibbon and Detective-Sergeant Craicksbank as to Mr. Land's previous appearances in that Court in connexion with arson cases, and he thought that Dr. Barchet could also corroborate the statement.
Mr. Land said that Inspector McDowell had alleged that he had interfered with him, whereas be (Mr. Land) simply came to Court in the previous case referred to on behalf of two Chinese who were willing to go bail for the accused. Ho had no further connexion with that case, Mr. Fleming said that Inspector McDowell first attacked Mr. Land when in the witness box and had told Mr.
Land that he had no right to be in Court.
Mr. Land asked if Inspector Me-Dowell had any right to order him out of Court Inspector MeDowell said be did not order Mr. Land out of Court, He told Mr. Land that he had no right to appear in arson cases, and he was of the same pinion still.
Mr. Land said he was not appearing in arson cases. Inspector McDowell was making a mountain out of a mole-bill.
At this stage the Court rose, and the argument was not continued.
Shanghai, July 30.
Before Mr. Wano (Assistant Magis trate) and Mr. Hawittox Burin (American Assessor).
Text read from the printed page and cleaned; old type leaves the occasional error.