The Archive · 1936

Course: Mr, P. G, Livingstone for Pro

Mir. "Morris Diamond. for sur, he explained, for the sum of 12 cents, The beggar first asked him 20 cents for the implement, and he sugested eight cents, after which 12 cents was agreed upon. He bought the wood, defendant explained, order to affix it to his hoe.

Mr. Livingstone: (in cross-oxamination): Why did you not take a piece of wood from the public garden?-—It against the law.

Do you always adhere stridly to the law?

Sing, represented by) Mr. sore Mr. C. H. Haines, Reglatrar (Adjournment Ordered)

A Japanese member of the Shang-hal. "Municipal Police was closely questioned by one of counsel for the defence as to his actions at the seen of the fracas between a number of Indians at Miller Road on the afternoon of July 12'when the case atis-Ing out of this incident, brought by the SMP. against a number of the Indians involved, was' resumed_before Mr." C, H. "Haines in, HM Police Court on August 18." The Japanese policeman, Haruyoshi Araki, explained that twelve minutes elapsed between his telephoning. the police station, andthe arrival of the police on the scene, 'Mr. 'Reeks: _(eross-examining): 'What did you do during those twelve} minutes?—I tried to stop certain In= dians from assaulting' other Indians who were lying on the ground, severely injured. The frst named Indians, "however, were carrying wooden weapons so that T cauld not stop them.

T understand that you, seeing these men on the ground" being beaten, because the main body had sticks, id nothing. "Were you armed?—Ye Did you draw your weapon?—No, Why not? can't state any reason, Witness later stated that he way afraid that he would shoot some the other "Indians, He therefore Waited until the police arrived, Mr, Reeks: You" said "until after the police arrived." Are you "the poli, oF not?—Yes, But T understand that you did nothing until other police came to your assistance?—No "other person could have done anything more than what 1 dia.

Have you any sense of accuracy?—1 think T have.

Have you a' good memory?—Yes. Have you powers of observations?

Whom did you see on the scene of the disturbance during those 12 minules?—I don't remember, Did you, as a police oticer, mak any effort' to remember who were the men striking those Indians who) were lying on the ground?—There were about 40 Indians there, so T do not remember.

Tu re-examination, Mr, Livingstone! asked the witness what were his.

Instructions with regard to drawing his revolver assuming that he saw some men lying on the ground, and other men assaulting them with slicks, Witness replied that if a. person were on the point of death through being beaten, his instruetions Were to use his' revolver, Mr, Livingstone: Under these cir cumstances, did you feel that you were justified in drawing your revolver?—I thought it was not the time to draw it.

"Questioned later as to whether he would recognize any of the Indians at the scene of the fracas if he were to see them again, witness said thee, to him, all Indians looked alike, Bvidence was then given by Sorgeant LIG. Barton, who accompanied Detective-Sergeant F. O. Guess fo Miller Road on the afternoon of Suly 12.

Text read from the printed page and cleaned; old type leaves the occasional error.

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