The Judge:—This is a serious case and there can be no amicable settlement. I will take into consideration accused's offer.
Dr. Wilhelm pointed out that the money had been collzeted from various people who took an interest in accused. Acecaed was not. paying the money himself, because had none.
George Haliendatsky, 9 venrs old, a Russian boy, said that he was playing with ' accused's _younger brother and had witnessed everything.
The Judge:—I must warn you. If you tell lies, you will be punished land be given a beating.
Witness:—I do not tell ties—Witness continued by saying that they were playing near the riesha coolie when the latter picked up a piece of iron from the ground and hit the other boy on the back with] it, The iron came from a broken-down house and it did not belong the coli Similar evidence was given by Moses Skolnik, accused's younger brother, who said that he felt the pain when the coolie hit him and he cried out, His brother came out of the house and hit the coolie on the jaw, the latter falling slowly to the ground.
Anna Filemann, Russian, said she witnessed the affair and saw accused strike the coolie on the chin.
He only struck one blow. The cooli stood still for a while and then fell slowly backwards.
Court Inspr. Jefferson at this juncture stated that the payment of a compassionate grant constituted the civil part of the ease and, on behalf of the police, who had' brought the charge, he would ask for a sentence, The evidence before the Court and accused's own admission was that he strack the Dr. Fischer said that this was tone of the most unfortunate cases he had conducted in all the years of his practice and he sympathized with both accused and deceased. He could not share the opinion of the police that a sentence should be passed. Although accused had admitted striking deceased, he was entitled by the Chinese law to do so, There was no malice and accused acted in the self-defence of hhis younger brother. Article 15, of the Criminal Code said:—"No act constitutes an offence which is done for the defence of the person or. property of oneself or of another} tiniminent unlawful attack."
Too Many Requests brother, continued counsel, would, in the circumstances, have done the same thing. Witnesses! for the prosecaticn had made statements that accused struck the coolie, twice on the temple, but the doctors said that deceased was not struck the temple but on the jaw. The post-mortem examination showed that deceased died of the result, not} of the blow but of concussion of, the brain. Counsel, therefore, asked that the charge should be dis Accused had been detained and Dr. Fischer thought, that this was sufficient punishment. Friends had collected some money to send accused to America to start life because it was hard to make a living in Shanghai and] accused was to have gone away last swtek. If a sentence were imposed,
Text read from the printed page and cleaned; old type leaves the occasional error.