Further evidence in connexion with the claim of Denis McDermott, against the Shanghai Municipal Council was heard on Monday afternoon in the Court of Consuls, in session at H. M. Supreme Court. Mr. E. S. Cunningham, U.S. Consul-General, wsa president of the Court, the other members "i which were Mr. Sidney Barton, H. M. Consul-General, and Mr. N Aall, Consul-General for Norway. Plaintiff claims damages in the sum of Tls. 15,000 for an alleged illegal arrest, and assault in connexion therewith.
Mr. J. G. Priestwood, for plaintiff, resumed with a presentation of the law with regard to damages, and in the course of his argument observed that damages were awarded with a view to preserving the peace. As the law stood, a man might be justified in repelling an invasion of his personal liberty and property. McDermott might have been justified in using a gun, or something of the kind, if it had.been by him at the time.
Among other cases mentioned by counsel was one in which a man was awarded £500 damages merely for having his hat knocked off. There was no scale of damages, counsel concluded, and the matter must remain with the Court acting as a jury in the matter.
In presenting the case for the Council, Mr. N. H. Langley-Smith said that at about 9 o'clock on the evening of July 20, Mrs McDermott went to Hongkew Police Station. She was in a dishevelled and nervous condition, was suffering from bruises, and stated that McDermott had been drinking heavily, had been cruel to her and had threatened her life. That was clear ground for an immediate arrest by the police, but Mrs. McDermott requested them not do so, expressing the fear that interference might cause her husband to be more cruel afterwards.
Text read from the printed page and cleaned; old type leaves the occasional error.