Ernest William Campbell Kirkland as charged with having fraudulent. Ty incurred a debt of $13 to George Tkachenko, John Tkachenko, and Andtieff Tkachenko, proprietors of the Tkachenko Gurden-Cafe in Avenue Joffre, contrary to the Debtors Act (1869) See, 13 (1).
It was alleged that he signed a chit for refreshments in the name of "Scott" early yesterday morning. Te had previously been bound over un a personal bond of $50 after veading guilty to a charge of theft from Mr. C. Young on July 1.
Mr. R. S. W. Winter, Assistant Municipal Advocate, who proseeuted, asked for a remand as the police wished to investigate farther charges of the same nature.
The Registrar (Ar. C. H. Haines) adjourned the ease until August 11 and released the accused on his own recognizances of $200.
Outlining the ease for the prosecution, Mr. Winter said that the necused was handed over to the Settlement authorities by the French Police early yesterday morning. He had signed chits in the name of "H. Scott" for refreshments valued at approximate-S13 obtained at the Tkachenko Garden-Cafe. He had inst Eis real name was "Scott
But had. admitted his real identity the French Police, when interrogated at the Bubbling Il Police Station, T signed the chit Mr. W. G. Pierre, of the French Police, said that he arrested the scoused, on the complaint of the management of the Tkachenko Ga den-Cafe. He made no statement then beyond acknowledge had signed the chits and to pay' them, Evidence was given on August 11 by Mr. John Billoysky, of the Tkachjenks cafe, who stated that on August 8 the accused asked if he could sign further chits, having signed chem fon two previous occasions, He had. heard" something about the accused, however, so he called him into hi office. He. then said that he ha no money and that the chits should be sent to the Shanghai Power Company for payment. Witness. asked for payment, then and sai he would call the police, to which accused assented. Accused went with the' police to Lukawei station and was. subsequently handed over to the Shanghai Municipal Police.
Sub-Inspector Thomas, Hongkew Station, gave evidence that accused had been handed over to him and duly cautioned.
Accused, who is a me officer, pleaded that hard luck and was unemploy-He had tried to get away from inghai for over three months but without saccoss. He admitted the charge.
The Registrar then stated that, in view of necused's plea, it would save time if he put the other two charges to him, of fraudulently: in-
Cat cafe and $14.50 to Watson's Garage. Accused admitted bots these, and pleaded hard luck, sentence was then passed of one month's imprisonment on each of the charges. The Registrar, in addition, addressed the prisoner, on July 3 last he had bound ever for 12 months on sonal bond of 850, for stealing:
gold-plated watch, a white gold and locket and $1, It had explained to accused that if failed to keep the hand he would have to come up for sentence, and forfeit his bond, and as a yesull he was sentenced to one month's im= prisonment, concurrent with the other sentence. serious Charge Against Indian In 1. M. Police Court on August]
before the Registrar (Mr. C. Hf. Haines) Mangal Singh was charged remand with being in possession of 302 rounds of British Army small arms ammunition, contrary to ai cle 79 of the China Order in Cou (1925).
At an carly stage of the proceedings, Mr. Victor Priestwood, Assistant Crown Advocate prosecuting, said that with the per sion of the Court he proposed to amend the charge to cover Sect Explosives Act (1875). terms of that Act a person found in possession of explosives, such as the, ammunition found in the possession, of the accused, was deemed to have! committed a felony and was subject: to imprisonment for not more than. two years or penal servitude for a. period of not more than 14 years. The Section of the Act referred to read: "Any person who makes or knowgly has in his possession or under his control any explosive substance under such circumstances as to give ise to reasonable suspicion that he is not making it or does not have it} in his possession or under his control for a lawful object shall, unless hho can show that he made it or had: it in his possession or under his contral for a lawful object, be guilty of; a felony."
Regarding the applicability that Act in particular and English Jaw in general to British subjects} in Shanghai within the terms of the. China Order in Council, Mr. Priestwood quoted a number of precedents. which had been created in trials before H. M. Supreme Court. These uneluded Pickwoad & Ca. ¢. The Shanghai Mercury ("*North-China Herald," January-June, 1901, p.609), Mealle' & Ca. x. Khoo Ewe-clive Ca. ("North-China Herald" Jancary June, 1901), Tai Wan-wa v. Ad son ' Bell & Ca.
Herald," Jul; 1872), and Rex. r. Hodds ("North China Herald," 1912).
It was obvious, he id, that the] quantity, of ami on found in the possession of the accused brought him well within the scope of the Act. 'The ammunition ofn" tained a large amount of condite, He would have to prove that the ammunition was' for a legal and innocent purpose.
The Registrar said that he would yonsider the application. In the meantime he thought it only, fai that the accused should be acquainted with the terms: of the application inasmuch as he was not defended by counsel, after which he. would hear evidence of arrest, 'The application was then tran lated to the accused, who made statement' when he learnt that whereas the maximum sentence. under the original charge would be. two months' imprisonment that under the Explosives Act would be penal servitude for 14 years.
Tsang-Ya-din, detective attached to the Shanghai District Wates! Police, giving evidence of arrest said that while on duty at Van Jetty, Nantao, on August 4 he saw, the accused, who was carrying heavy parcel, try to engage sampin. When questioned og to the contents of the parcel he said "nothing." He was arrested and taken to the Public Safety Bureau, Where, after communication with, H. M. Consulate, he was handed. over lo the Settlement authorities, Det, Sgt. G.J.B. Pryde, attached to Central Police Station, said that acting under instructions from his superiors he went to the Publig Safety Bureau at 5.45 p.m, om August 4 and arrested the accused, When taken to Central Station he was cautioned ands Parcel was found to contain 902 rounds of 303 British army small arms ammunition, Kishen Singh, police interpreter, said that he accompanied Det, Sgt. Pryde to the Public Safety Bureau, Ne interpreted his caution to the accused who replied that he had known nothing about the ammuni" tion until he was arrested, Act-Det, Insptr. D. B, Ross said that he had searched the house of the accused at 1192 Wuchow Road, bhat found nothing of an incriminat= ing nature, On August 11, the Registrar pointed out that the ease had been adjourned marder that it might be ascertained that the Explosives Act of 1883 applied this ease. Ho stated that tion 30d. of the China On in Council "made it clear criminal furisd formity with English law, unless loca} conditions vend ed applicable. He found 10 such local condition, and the the Explosi fore ruled that t applied, The second point to be decided was whether a cartridge was an explosive within the meaning the act, and because of its cordite he ruled that it was The accused, unless he was to te found guilty, had therefore to show that the cartridges were in his possession for a lawful purpose, The accused was then asked when ther he wished to make a statement or give evidence on oath, being warned that in the latter case he would be subject to examin: Mangal Singh decided to ake a statement His story was to the effect that on August 4 at 1 pam, he was on his way to the Dollar Wharf. When in Chinese territory, at a jetty whose name he did' not know, he got out of his riesha, with the intention of taking a boat to cross the When engaging a boat, had trouble with some co: lies who too% his coat away: two cooliva from the boat apprcacked him, he blow his whistle, A Chinese policeman approached him, accompanied by another and he told them what had happened. He went with them to the road, there saw a coolie sitting fence. This cache had a par Vis possession, which, when op was found to. contain the ami tion, and the coolie, on being ed, was found also to have rounds of pister ammunition:
The coolie was taken to station, and 20 minutes 1: jao had, wall avoid further trouble with the Chinese policeman come 1 ing up to the boat he bad enter and said his, coat was fond, soon as accused got out of the teat he was arrested, ud, on asting why, tas told that as' his coat was
Text read from the printed page and cleaned; old type leaves the occasional error.