A this stage Major Wainwright was closely examined by the Presient in regard to the execution of Judgments given in the Mixed Court. Witness was not sure whether the Judge who rendered the judgment signed it. Judgments were executed by the police, immediately they were ordered by the Court. The Mixed Court, added witness, was originally Chinese court, Then the Consular Body stepped in and appointed. assessors, The Chinese magistrates were mostly appointed by the Chinese authorities with the approval of the Consular Body.
The President said he noted that the copy of the criminal Code before the Commission stated that it was. bring their' grievances management, but issued handbills. What they wanted were better working conditions, a 10 per cent. increase in wages, which they desired paid every two weeks, discharged men to be re-engaged, wages during the strike to be paid in full, the bonus system to be abolished, no workman to be discharged without reason, and, lastly, certain of their number who had een arrested to be released.
Questioned as to what the com-any had done for the Chinese work-med, witness said that houses in the,'Chinese style had been built and let tos the men at rents very peh, below normal rates. 'There was a free school. for Chinese child-and free medical attention was provided for the' labourers. Some of the workmen had been ent to the, firm's roills, in Japan in order to increase their efficiency. ay, aped Witness dig not think the men bad.
would Et" hook "of them rough. the respect The sioned a great amount of shoating, fand the crowd began to move west: ward, "There were some foreign policemen outside the crowd, and their best to pacify! however, was! and the police had to)
back. Witness's car was held up for probably three minutes, after which he was allowed to proceed down Nanking Road. The crowd was by this time very excited—witness meant that part of it which appeared to lead the rest of the crowd. Those in the rear seemed to be sightseers as much as anything else. Witness saw no violence as the police were pressed back. He did not hear the firing; did not know until after as a matter of fact, that there had been any firing.
Tu reply to Mr. Macleod witness said he was not connected with the Municipal Council. He did not know! Mr. MeBuen.
Dr.-T. M, Burton br. 7. M. Barton then gave his mill Secount, of the affair.
He was in tion, Mr. Harris.
Mir, Reader Harris remarked that, like the Council, he desired to place all available evidence before the Commission. That was why he had brought the matter up.
The President thereupon stated that, by. the same token, perhaps counsel would consider the question of calling Chinese witnesses who were in the street during the affa He could not see any real difference between bringing up Chinese who were in the charge room during the afternoon in question and bringing up Chinese who were in the street.
Mr. Reader Harris said that this would be a more difficult matter. had been. suggested by the Com. mission that Chinese members of the firing party should be calle but counsel thought it would be hard to get them to testify if they were in the firing squad whereas those who were in the charge room were likely to come before the Commission more easily.
The President reiterated that the matter would be considered by the ting, the following day, unless he Inappened to be arrested on a Saturday, in which case he was brought tup on the Monday. The Court was composed of a Chinese magistrate sitting with a foreign assessor. The two British assessors sat on Monday, and Friday; the two Americans Jon Tuesday and Thursday, and the [Italian and Japanese on Saturda; There were as a Tule two crimini courts. Chinese were charged under the Provisional Criminal code lof the Republic of China.
'A copy of the Code was admitted Jas evidence, as also was a record of a case concerning four men who [were charged in the Mixed Court on Febraary 20.
One of the men continued witness, was charged with acting as the ring leader of a strike. Recents of all criminal cases were kept, the re-Ports being taken down by' police sub-inspector or sergeant.
Counsel (Mr. Badeley) in the course of his examination of Major Wainwright, freely quoted sections from the Chinese Criminal Code, [EFotedure which drew forth from 1 to come into force from the day of promulgation. When, he asked Wi hess, was the Code" promulgated. Witness was understood to reply that the date was March 10, 1912.
The President—are there any appeals. from the decisions judges of the Mixed Court—Ther no appeal court, but there is mngement by which a re-hearing can be applied for and, if granted, the case is re-heard. There is no appeal to a higher court or any other court.
Further questioned by the President, wit \id there was Chinese Civil Code in operation in the Mixed Court. He thought that this had been promulgated.
Mr. Macleod remarked that this not 0. A Civil Code existed, but had not been promulgated, The President—Which is to say that the Mixed Court is enforcing law which has not been proigated—T know there is a Code of Civil Procedure in Court, and was under the impression that it had been, promulgated, mangers: "The bwagre ceralaly the car With his wife on the after-
Commissioners.
President the remark that "it ie Major Wainwright, undertook. to inquire into this and other matters
Text read from the printed page and cleaned; old type leaves the occasional error.