Det.-Sgt. Okajima was next called and was cautioned by his Worship, who pointed out that, as he was liable to be prosecuted in the Japanese Court for the same offence, be was not bound to answer any question which he thought might incriminate him or which might affect his trial before the Japanese Court. He replied that he understood his position.
Proceeding with his evidence, Sgt. Okajima stated that he ordered the car and went away to Thibet Road with the complainant and a Chinese detective. Balchin was not with them. On returning to the station, witness' signed the chit for tha car. Had Balchin been with them, witness would have had to enter the fact in his diary, and Balchin as_ senior, would have signed for the car.
Mr. Macleod—Is there any rule that a prisoner may not be taken from the station unless accompanied by_a foreign officer?
Witness—There is no rule. We sometimes get permission to do so.
Mr. Macleod—Why do you ask; permission if there is no rule?
Witness—It is not necessary to get permission, but we always inarm them. I informed Det.-Sub.- Inspector Gabbutt in this instance. Witness went on to say that he took Loh to Thibet Road because he heard him confess, in the presence of Gabbutt and the Chinese detective,' that the stolen money wag there. He confessed at 12.15 a.m., and Gabbutt told witness to get the car. No beating occurred while witness had charge of Loh. Mr. Macleod—According to your diary, you did not go home until 3.95 that morning?
Witness—I had been aroused from my sleep te go on this journey and, as I could not sleep afterwards, went to the detectives' room and read the newspapers, just to make me go to sleep. I da not know whether Gabbutt was in the station all that time.
A COLD SUPPER, Det.-Sgt. Schmidt stated that he saw Balchin that night about 10 minutes before midnight and invited him to go to Eddie's Cafe for a cold supper. They left the station about midnight and returned about 1 am., just as the cafe was about ts close.
In answer to Mr. Macleod, witness said he had nothing at all to do with investigation of Lch's case. No one else went with them to the cafe. There were some foreigners downstairs in the dining room, but witness did not remember who they were.' He did not know when Bal-
It would not be unusual to enter in a police diary the fact that an Officer had been out to supper, j Witness did so as a rule, but not if he went after official hours, and especially not after midnight.
Det.-Sub-Inspector Yorke was (called to speak as to Balchin's j knowledge of Chinese. He himself, he said, had for seven years drawn a first-class bonus for Chinese. Balchin was not a good Chinese scholar, and would perhaps know what the usual man in the street knew. Witness did not think Bal-chin would have understood what. the Ohinese were saying. Anyone who only knew the Shanghai dialect would find it difficult to understand.
This was all the evidence offered for the defence.
COUNSEL'S COMMENT, Mr. Reader Harris—I have already addressed your Worship on the merits of the case, and I think I have fulfilled my promise to satisfy you that complainant has. committed wilful perjury in saying that Balchin went with him on this visit to Thibet Road. If he did not go, there is no evidence against him whatever. If the prosecution has the temerity to suggest that he did go, they imply that Sgt. Schmidt is lying about the supper party, and that their own witness, Sgt. Ling, who saw the' two men leave the station together, must also be a liar. I submit the evidence shows conclusively that Balchin was not there. If he were not, there, complainant has committed perjury, and no jury would convict Gabbutt on his evidence. I ask that both the accused be discharged.
His Worship—I do not think I need call on you, Mr. Macleod, at the present time. It will be proper for me, J think, not to make any comment now, and I shall only say I consider this is a case which should go before a jury. The accused will therefore. be committed for trial on the three charges which have been framed against them under sections 18, 20 and 47 of the 1861 Act.
Text read from the printed page and cleaned; old type leaves the occasional error.