On cross-examination, Dr. Sellett elicited the fact that accused was crunk. He had seen him previously, und knew that he had been in trou. ble' before in the U.S. Court. He further asked whether he had heard that Fondel was thought to be in-
Mr. Husar (interrupting)—He has been found sane by a jury of his peers.
In reply to further _questions, witness thought that, from the time Fondel took the pistol,, until the Jirst Sikh came to his assistance was about three minutes, Judge Purdy (to witness)—Have you ever held a watch in your hand and watched the second hand for whole minute? Do you realize that it has been less than 30 seconds singe that question has been soked you-by Dr, Sellett?
Mr. Husar—Criminal psychology ists make allowance for these errors of time and-though the struggle might have lested only 90 or 40 seconds, he could have shot Willis many times.
Judge Purdy—Your Sikhs were only across the road, were they not? Why, a man can run 100 yards in 10 seconds, thst is, some men (laughter). However, Courts never take cognisance of the time clement.
Insp. Mackenzie, in_ ence, said that he had talked with accused about 10.30 a.m, that day in Miller Rozd, at which time the negro was sober. He saw him again in the charge room about 1.15. Me was in a violent condition, Wit ness walked over to Fondel and said, "Fondel, what's the matter with you?) What are you up to?" Whereupon accused walked quietly behind the rail enclose The Language Difficulty Three Sikhs told of their attempts. to teke away the pistol and how they removed Fondel to the star and gave general corroborative evid= ence.
This closed the case for the Government.
In his own defence, Fondel said that he wes 46 years old, his wife was deceased, he had been in Shang hai five or six months, but that he could not et a job because he could rot speak any of the languages.
Dr, Sellett, who, throughout the case, attempted to establish the fact} that' Fondel was very drunk, said, "Do you ever get drunk often, for Witness said that a friend had ought him about five drinks ear-Tier in the morning and later he hed purchased un 80-cent pint of whiskey, drinking it alone, and later 2 40-cent half-pint, to be followed a quantity of samshu.
Dr. Sellett—Will the Court take judicial notice that samshu is me I don't really see "an Court eat Continuing, wi said that} some one on the bridge had tol him to sit down before he fell down. After that he did not know what happened, until he found himself ubout 4 o'clock in the American. Gaol. He could not remember extracting: the pistol snd did not know that he had a fight with Willis, that he never had any spite the Shanghai police. Defendant said it would be easy for him to stay away from drink, if he were in the United States," whereupon Mr. em sure you will."
The Summing Up.
At a re-examination in the after-roon, P. C. Willis said that the pistol could not go off, and that the trigger could not be' pulled.
In summing up, Judge Purdy said he thought accused ws probably rot of a normal mind nor was he His Honour:—There is no doubt mind as to the facts of the case. He is guilty of axcaule with intent to kill. I have all the sympathy for this unfortunate defendant, and if I had the le: st reasonable doubt that he did not intend to kill the officer, or shoot him, T would not find him guilty on the first charge. But he rushed at Willis like a med bull. A maudlin crunk man could not have extracted the pistol from the holster. I find him guilty on all four counts, bout will suspend passage of sentence until Friday, ¢s T wish to examine the history of this max,
Text read from the printed page and cleaned; old type leaves the occasional error.