A cafe proprietor, named Carl Ganther was charged on a United States Consular warrant, for that be did on December 28, 1910 unlawfully break and enter the premises known as the Werner Cafe, 287 Broadway, closed under seal of the Mixed Court, and remove goods therefrom in contempt of " Mixed Qourt order.
Mr. C. G. Kirk appeared to prosecute on behalf of the police, and the defendant was represented by Mr, 8, McKean. Inspector Bourke was alo present.
Mr, Kirk said that the premises on December 27 were sealed up by the mixed Court, the defendant being amenable to Mixed Court jurisdiction that day. The defendant then regis as an Amorivan citizen and on the following day he wont down to the premises in Broadway, forcibly entered them and, be believed, took away certain goods.
Mr. McKean:—The fundamental question is whether the Mixed Court had any authority to close the premi Mr.—I don't think that arises here, Mr. McKean:—Oh, yes, it does, and T contend that the Mixed Court had no jariediction.
Det. Sab-Inspector Fitzgibbon was then called, and be stated that he reotived instructions from the Mixed Court to close up these premises on December 27 in pursuance of " Mixed Court order for the non-payment of rent. The defendant was given the five hours' notice. At that time dant was rot registered as an American citizen, bat he told the witness that he was endeavouring to do fo. At 5 pin. on December 28 the witness found the premises opened again aod be sscertsined that the defendant and another man had effected an entrance.
Mr. Montaga Harris defended.
The evidence for the complainants was fendant kicked one of them in and struck the second in the month. For the defence it was alleged that the women bad been ducking and that one of them threw a chair aod a saucepan at defendant, who denied the charge of assaulting the women.
Mr. Harris addressed the Court on the case. He said that the defendant had served for ten years in his present employment and bad not a stain on his His Worship ssid that it was quite clear that both parties had not told him the whole story. He found the first complainant to blame for the whole trouble and dismissed the case, warning the parties as to the fature, The hearing of the case the! attention of the Court nearly all day, Io reply to Mr. McKean the witness said that the Mixed Court order was granted by the Mixed Court Magistrate, The defendant did not tender any money to witness when he went to the premises on December 27. He had heard that the defendant had previously been under American protection, bat he had been strack off, Det. Constable Rye aid that acting upon certain information that he received last Thursday, ho proceeded to Soochow and with the assistance of the local police he arrested the accused at the Ningpo Hotel. He brought the accused to Shanghai the next morning. He read over the wat-rant to him, and cautioned him, but the accused made no reply.
Chinese door-keeper stated that he saw the defendant and snather mao effect an entrance into the shop with iron bars, and remove " number of wooden boxes on wheelbarrow.
Text read from the printed page and cleaned; old type leaves the occasional error.