Mr, Usban held further that the ecused had been confined to his house by Chinese soldiers due to the absence of gaol accommodations and that these soldiers had refused him permission to communicate with HM, Consul-General.
He argued that the accused had been in China since 1884, was 70 years of age and was destitute. To sond him back to England would mean he would be an immediate charge on the State there and he faked that the sentence be quashed, Bir, Mossop in reply stated that he held all the arguments submitted by Mx, Urban to be intenable and that it was dificult to believe that a British magistrate wovid refuse to permit a fellow countryman to call witnesses in his own behalf.
He yead from the minutes' of the ease that the accused had pleaded guilty to having eight logs of wood in his yard which had keen hollowed out and which contained machine Charges of assault, preferred by Wong Yuen-ong against Chanan Singh were dismissed by Mr. A. J. Martin, HM, Registrar, in the Police Court on July 15. Inspr. P. J. Dunne prosecuted for the police and defendant was unrepresented.
Opening the ease for the prosecution, Inspr, Dunne called a Chinese constable, who said that he was patrolling hhis beat in the vicinity of Vu Ching Lee Alleyway at about 4 am. on July 15, when he heard loud cries. "He rushed in the alleyway and saw accused and complainant struggling on the ground, the accused being on top.
On behalf of accused, who did not frame questions, Mr. Martin asked the witness, whether the struggle took place on the greund or whether they were on their feet, The con stable reiterated that they were on the ground when he saw them, adding that the Chinese had blood on his arm and braises on the back.
The complainant, Wong Yun-oen, said that he was a cloak room boy at the Canidrome and was returning: to Chapel. As he passed the alleyway, the Sikh said, "Friend, come in to the alleyway," witness refusing. Thereupon, according to the evidence, accused pulled him inside and tore off his trousers. led with him and he in the mouth," complain~ ant added, and he also bit my arm and pulled me to the ground."
Why Defendant Bit In reply to Mr. Martin, complainant said that they struggled for 10 minutes and he called for help five or six times. Then the constables came and took them off to the station. gun parts and munitions of war. He said the accused had pleaded guilty to having smuggled much of the material into Shantung Province in bedding and in trunks, He told the court that the accused according to his own admission had been the manager of a coal mining property in which he had put $20,000 of his own saving together with $80,000 subscribed by others and he held that the appeal of destitution was not in keeping with the facts.
The Deportation Law Mr, Mossop traced the history of the laws governing deportation and said that since 1909 there had been a gradual tightening up of the laws. Previously, he said, in a case of this sort the accused was ordered Accused elected to give evidence in his own defence, saying that he employed in the complainant attempting to make off with his rain coat, whereupon the latter turned and ran, but he, aceused, caught up with' him. "As he was not wearing his turban the according to witness, caught him bythe hair with one hand and the other seized his shirt collar. As they struggled, he shouted, "thief, thief." Accused explained the bite on the Chinese's arm by saying that he had to bite him in order to force the other to release his hold on his (accused's) hair, His Worship dismissed the case. to give a security for Lis good behaviour and upon failure to comply with this, could be deported. Now, he: held, deportation could be added to any other punishment meted, and the failure to give a security did not enter the que Previously to 1909 the Order-in-Council said that were the Court had reasonable ground to apprehend a British sub-Ject who had exeated was exeating, or. was about to create a breach of the peace, the default of security innet precede the order for deport tion. But in the Order now standing the article has been split and where a man has already created or is creating a breach or acting in a manner prejudicial to the preservation of peace no security need be demanded, but deportation may be ordered in addition to any other punishment.
Mr. Urban held that the wording of the article was sufficiently am-bignous to be construed in favour of his client, and long argument followed between his Lordship and counsel, In summing up Judge King went vayefully into all the points of the appeal, and found that he could not vay. that the rave in the lower court lad been improperly conducted or
Text read from the printed page and cleaned; old type leaves the occasional error.