Continuing his evidence, Kelly told the Court that the Chinese detectives who worked with him on the opium case in question were not lurider him at all, "One of these detectives had been convicted of extortion:
Witness, however. had no supervision cover this man. Dealing with the report of the Municipal Advocate, Which "stated that Kelly was either a party to oF cognizant of the extor~ tion, petitioner stated that he had not' been charged with extortion. His being discharged from the force, however, seemed to point out that he had been found guilty of ex-tertian and the report of the Municipal Advocate confirmed this, With reference to the first' charge against Kelly the Municipal Ad-Vocate's report had made it clear that two persons had been arrested. "It two persons had been arrested Sub-Insp, Darlers would have put it In the FIR. The report said that tone person had been arrested for possession of opium," petitioner continued. "Somebody in the char room was at fault. 1t was not fault, 1 was not in the charge-roon CPC. 1705 hed stated, he went on, that two persons had been arrested Jand that the seized opium had been handed 10 Sub-Insp. Darters. The IC.P.C. had déind that he tad noted [down particulars of the two men a had bended them to Clerk Lee. The FAR. however, stated that only one person had been arrested, Kelly. star Jed, and he did not know until later that a second man hart been arrested. If Sub-Insp, Darter's clerk had made the FOR. correctly 1 should have known that two people were arrest said Kelly.
Sub-Insp. Darter made a report that he had been informed that only the man "without the officer was stated somer Translation Incorrect Referring to Jdocument "written in IC.D.C. 260, who was the with petitioner. released the prison: Jer from the charge-room, Kelly stated that the release of the man had been Fecorded inthe Chinese detective's book and his (Kelly's) name was writ. ten at the bottom. The name, Jover, was only typed in at the bottom of the report. He didn't make the Dealing with a copy of a written statement made by a Chinese detec tive found guilty of extortion, Kelly fold the Court that he had not seen this doctiment, "The report hud stated, "I saw Det-Serg. Kelly und CDC: 260 bring a' male Chinese to the Chinese detectives' office." 'This, Iwas untrue, Kelly stated, as he had returned to the station with CDC. }200 and had entered his own arnee, The report further alleged that C.D.C. 260 had found a parcel and a which Kelly had putin his. poche' The parcel was stated to have conined a pistol because the Chinese iclained had overheard one detective {ell another that it contained this article. petitioner stated. There had queen a licence for a pistol but no [weapon had been found in the house, the stated, The only man who had said that he had seized a pistol was the man who had been sentenced in the District Court, When he had been suspended from i's petitioner went to. Insp. Duncan's office to surrender his pistol and at the time this convicted Person was standing in the amice. 'When I surrendered my pistol, he probably thought that this was' the pistol T had taken from Taku Road." Kelly told the Court, It was pointed out in the report that C.D.C. "200, when cross-examined. by petitioner, had changed his statement. The re: port went on "I can only. conclude that this was the result of pressure brought to bear on C.D. '260° by No Pressure did not bring pressure to said Kelly. T'was not in a sumeiently important position to bring pressure to bear." Dealing with the report that complainant's wife seemed {0 be afraid of him, petitioner stated that the translation "was incorrect, This person was, at times, given three or four minutes to think over her answers when" they did not sallsfy Mr. Robertson, he said, She had stated' that she was atratd' of all foreigners, He added that when he was leaving the station on the opium case he was informed of an attempted suicide Peking Road." When he got there the person had been removed to the General Hospital. Upon his return from the General Hospital he deekded to proceed to Taku Rond and EDE, 288 being with im" at "the time, he took him along in case he needed assistance. He added that he had been given no information about the attempted suicide and as It might have been a Chinese house he took the C: D.C. with him.
On the way to Taku Rond the ear stopped at the corner of Tiendong. and Chekiang Roads and the C.D.C, Hot out for a moment or two to got a pair of overshoes as it was raining, No pistol or ammunition was seized hor was any -oplum found, Kelly stated that he" did hot know Cross-examined by Mr. Bryan, that"tere would be 4 preliminary examination. He added. that only tne' or {wo persons in the force feat the Police Guide and. Regulations, At this point. Mr. Recks questioned th interpretation of the rues. Ieelly ned that he dd not know that
18 and he had. been told that wax gong tho clit god nape Robertson" didn't postes the righ to try: hima Asked if hed was in charge of the case and it the two Chinese. detec: tives had been under his supetvic son Kelly replied in the _afhrmac tive, "put it t0 You." said Bit Bryan, "thatthe: reason you your visit to Take Road in. your rime. diary wax because Sou dirt Sant sour superior officers to: know:
eek. then interposed "I'm: very happy to have We" have Referring C.DC. 260, who said lad been arrested, Kelly said that a mistake had boob made and he could not be held responsible, Only tone man had been arrested in pos session of opium, the other man having, been brought in as a aus-peel. "Why wasn't he in the FRR: Mr," Bryan asked, "Why wasn't he in the crime diary?" To this Kelly replied "Because he was notin the FOR" Mr, Recks objected staiement "which followed from Mr, Bryan that the man had been arrested illegally by Kelly's assistant '0 Knowledge of Torture Petitioner denied any knowledge of the torture of the) man, Sub-Insp, Darters, he said, had handed the FIR, and' prisoner to the C.D.C., not to"him. After Mr, Bryan had mentioned that the prisoner had alleged that he had been tortured by "electricity, Kelly emphatic denied any knowledge of the ture and wa told to control self by Mr, EA. Long, Secretary:
the Court of Consuls, He added, answer to a further question, can't comply with all this writing if you have eight or nine criminal cases to conduct The crime diaries were typed by Chinese and he took responsibility for that. Tf all police orders were carried out, he added, there wouldn't be any. time left to do the rest of the work.
put it to you that you falsified that crime diary to cover up your (Continued on page 205, col. 5)
Text read from the printed page and cleaned; old type leaves the occasional error.