Anderson, charged with assault and battery in a complaint by Mrs. Elsa Baruksen, Russian, was continued on October 14 in the U.S. Court for China, Mrs. Anderson was arrested on October 9 on Mrs. Baruksen's complaint that 07 October 8, she, in company with, Mr. E. Matthey, head steward of} the Majestic Hotel, had gone to to the home of Mrs. Anderson to demand payment of debts. Mrs. Baruksen alleged that on that day Mrs, Anderson had hit ber, bruise: her flesh, slapped Mr. Matthey. across the face, and thay she had been forcibly ejected by Mr. Ander-
At the hearing, Mrs. Anderson testified that the alleged debt to Mrs. Baruksen had. been to Mr. Baruksen, proprietor of the Cathay Pharmacy, and that $00 of the alleged $109 debt to the Majestic Hotel had already been paid to Mr. Duer. In answer to the District Attorney's question as to whether or not was Mrs. Anderson's habit to issue'
cheques, Mrs. Anderson I refuse to answer that Mrs. Anderson also tcrtified that she had not hit Mrs. Daruksen at any time but that Mrs. Barukse had followed her into the dining room after having been invited to leave, and had called hee vile names.
At this point, witness alleged, Mr. Anderson had come to Ler rescue, Mr. Matthey had made a "pass" at Mr. Anderson, and Mr. Anderson had retaliated by twisting his arm. Mrs. Anderson nad implored her husband to desist and he, azcordingly, had done so, much against his will.
Mr. Anderson was next swore and stated that he had gone ahead fon the American theory that his home was his castle and had put Mrs, Baruksen, chief invader, out. When questioned as to why he had not called the police Mr. Anderson plied, "There is nothing wrong ith me physically. If there is any ejecting to do Ti do it" Mr. Anderson testified to tan fact that he had used a "half-Nelson" hold on Mr. Matthey but hed released him upon Mrs. Andersst's request. He then gave Mrs. Bacuksen, after Mr. Matthey had gone to get the police, exactly nine minutes to evs enate. Upon her persistent refusal to do so he had carried her the ease by Commissioner A. Krisel_and the court was crowded. 'The Commissioner postponed the commitment until a later date. Dr. [George Sellett, U.S.' District Attorney, Prosecuted and Mr. J. B. Davies defended.
Jean Lafranke, known as "Tex", an American citizen and an ae. Jquaintance of William Garcia, who met his death at 4.15 on Sunday morning September 28, 1930, by reason of a wound inflicted by. a sharp instrument, was the first, witness. He said' he was a professional motor cycle rider, employ-fed at the New World, and he became acquainted with Gi cla when he also was employed by that establishment, Garcia came to the New World on July 1 of this year as a mechanic.
On Saturday, September 27, wit. ness stated that he first saw Garcia, 11.30 a.m. at the New World and later went for tiffin with him at 136 Sechuen Road where, in company with Mrs. Kane, the three drank two quarts of beer. and Tex went to Cafe and had a quart of beer ang two glasses of port wine each. They arrived at, the New World at 5.30 where they parted. Garcia came back at nine o'clock to take tickets and at 11.30 the couple set out to do a little drinking. They bought a quart of port and consumed half of it while walking to Peking Road where they took ricshas and went to the Tumble Inn cafe. There Garcia became quarrelsome with some strangers and drank, with Tex, the other half Jof the port, a bottle of heer, and two glasses of straight whiskey. They left the place at 3.30 Sunday. morning, took rieshas, and turned south on Szechuen Road and cast on Range Road, Tex in the lead [changed, witness alleging that at mo time did Tex hit the ground, as the former witness had declared. Leon, another friend, also joined in the fight to keep Tex away from Garcia, Suddenly Alvido saw a knife in Tobias' hand and, warned him not ito use it. He then ran down the alleyway towards his home and was Jovertaken by Tobias who accompanied him to his room. Tobias, witness alleged, was covered with blood and wanted him to go to his house and get clean clothing for him. This Alvido refused to do and seven minutes Jater Garcia left, Witness declared that it was very likely that Tobias carried a knife inasmuch as all saxophone players tuse them daily to trim the reeds but Tobias was not naturally quarrel some and he had never seen -him Jarunk.
Cedric Arthur Mason, of the Shanghai Municipal Police, said on Sunday morning September 28, he heard a ery for help while going along North Szechuen Road on: his motor cycle, He saw a man lying fon the ground bleeding profusely from a chest wound and another man talking to him, He was ro quested to take the wounded man to a hospital and obtained a motor ear for that purpose, Dr. Cecil Bennett, of the General Hospital said that on the morning lof September 28 he received a telephone call requesting his presence the hospital. He arrived at 4.30 in time to see the patient die a moment or two after. Dr, Bennett declared that his death was caused deep wound between the second Jand third ribs which had penetrated the Jeff lung, and also stated that it would be impossible for anyone live for more than half an howe with such a wound, The wound, witness stated, wax at least three Janda half inches deep. Dr. Win. about 20 feet. cla call, K, Nance, the U.S. and the words, Tex, wait alsician and Gaol Phy: minute," he looked back and saw a that he was called upon to view the street ght in progress, composed body. He found the deceased to be of Garcia and five others. Tex went Jo man of good physique, strong and back to see if he could be of assist-Jathletic. The fatal wound was like ance and one man struck him and that described by Dr. Bennett and knocked him down. When he got was Dr. Nanes's opinion that such two men knocked him across the wound would require a heavy street to the south side of Range bladed instrument with a blade four Head and suddenly took to their inches long. heels and fled. Tex walked towards Det-Sgt. Henry James Stocks, the light at the intersection and saw. attached to the Hongkew—Polioa jareia walking towards him. Garcia Station, stated that he discovered exclaimed, "Tex, better get a doctor, Tobias on Sunday, September 28, at they've stuck me."
130 Boone Road. The accused first Tex attempted to put him into a denied that his name was Tobias but riesha but Garcia fell out, face latter much questioning admitted his Jdown between the shafts. He then identity and stated that he had turned him over and hold him until stabbed a man in self-defence. He motor car arrived and took them was turned over to Det.-Inspector to the General Hospital where he J. Schmidt, who wrote out his helped put Garcia on a stretch Janswers which were re-read to Upon question the doctor whether Tobia and signed by the accused.
not there was any hope the doctor The accused was not placed in replied, "Your friend is dead." the witness. box.
The ' second witness was Jose Mr. Davies, attorney for the de-imper, a Filipino employed in the fendant, pleaded that a charge of French Club orchestra, who stated first degree murder presupposes that, hat on Saturday night, September the act must have been done deliber= 127, he worked until two o'clock on ately, wilfully, and with malice Sunday morning, ate his supper, and. aforethought, It was his conten-started for home. Arriving at the tion that in this case there was not Jeorner of N. Szechuen and Range the slightest evidence of premedita-Roads he saw friends and conversed ion and that the only thing proved with them. Among them was Tobias was the actuality of the fight. Up cho told him of difficulties he had until the moment of the fight, the the he wits Smpleyet agee having at the Night Clap {accused had never seen the victim. In terly, Dr, Stlet. pointed out witness stated, [that the term "premeditation" may toxicated, and was quarrelsome frame] two American sail be defined as being a of seconds, or in this ease, any of the several moments of the fight, passed he called after them in i sulting terms. A few moments after two other ricshas appeared, more insults were exchanged, and Garcia jumped out of his riesha and hit Tobias twice across the face. A. fight ensued and witness saw a red spot on Gareia's white shirt which he at first thought was a flower. It grew larger, however, and he:
Replying to Mr. Davies' plea that charge of manslaughter be substituted for that of murder, the District Attorney argued that manslaughter was an act committed under the influence of passion with suitable provocation. In his opinion, there had not been suitable provocation in this matter.
A commitment will be gut to the hall gether on her] epic the hall, set her on_her|Fealized it was blood. When Tobias made on October was ood When Tebiaa on October 22 and the 22 and the
Baraktes, 'Witness' alleged, "bari @uicks" he needed no second invita-lin the US. Court when Judge Mile broken five windows in vengeance, tien. but fled. doing considerable screaming in the Alfredo Alvido testified that he meantime. was a Filipino, employed asa At this time Mr. F. J. Schuhl, musician at the Canidrome. Finish-attorney for the defence, asked to ing his work at 3.85 on Sunday morning he had gone to the Tavern be excused and the case was al-with a friend and a few moments journed. later they had taken throe Filipino girls and their father into the car Murder Case to take them to. th on Dixwell Road. Goi 'A egal argument rega: ting the Range Road he saw liberation of a prisoner committed for and wishing to talk business, trial on a second degree charge of with him he had left his friends murder was the reason for post-land returned to North Szechuen poning the commitment at the U.S.|Rond and Range Road. He avcived Gourt on October 17, of Raymondo! justin time to seo the fatal git ton DP. Purdy returns, eer of negligence and responsibility for damages was accorded against John W. Clam, an. American, who collided with a motor car belonging to Miss Nellie MeLeish, a British subject, on July 1, 1930, by the Commissioner, Mir. A. Krisel, in. the U.S. Commis sioner's "Court on "October I The action was for the recovery of the sum of 96 taels, coat of repairs to plaintiff's motor ear, which was damaged by reason of the detend=
Text read from the printed page and cleaned; old type leaves the occasional error.