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Colonial Cases

R. v. Horley, 1893

[assault]

R. v. Horley

Police Court, Shanghai
Scott, 23 December 1893
Source: North China Herald, 29 December, 1893

LAW REPORTS.
H.B.M.'S POLICE COURT.
Shanghai, 23rd December.
Before James Scott, Esq., Police Magistrate.
R. v. HORLEY.
  Henry Horley, Detective, appeared to answer a summons charging him with having assaulted a Japanese named Nakakita, by striking him with a walking stick on the 18th instant.
  Defendant denied the charge. Inspector Reed asked to be allowed to defend the accused, to which his Worship assented.
  Complainant stated - I struck a Chinaman about noon on the 18th instant. A Chinese policeman came and said he wanted me to go to the Police Station, but I told him to wait; he would not wait and went away. In about 10 minutes he came back with Mr. Horley, who asked me to go to the Police Station with him. I said I would go but asked Mr. Horley to allow me to go into my house first to put on my coat. He would not allow this and caught me by the sleeve. I complained of the cold and still wanted to be allowed to get my coat, and then the Chinese policeman took hold of me and Mr. Horley struck me on the arm with his walking-stick, cutting me in two places. (Witness produced a certificate signed by Dr. Tanabe describing his injuries; and also a shirt, showing some bloodstains on the arm.)
  Cross-examined by Inspector Reed - Did you and some of your friends on the 18th inst. take a Chinaman into your place and tie his arms and legs with a rope?
  Complainant - I did not.
  Inspector Reed - Did you not take him into your goodown and tie ropes around his arms and body? - I do not comprehend wherefore to speak of that now.
  His Worship - You must answer, please. Did you touch the man? - I struck him.
  Inspector Reed - Did you put a rope around his neck? - I do not know.
  Inspector Reed - Were there many of your Japanese friends there at the time? -  There were two of my esteemed friends.
  His Worship - Japanese friends? - Yes.
  Inspector Reed - Was there a large crowd of people in the street at the time? - Yes, and there were two Japanese.
  Inspector Reed -  On the 19th, the day following the assault, were you convicted by the Japanese Court and fined $3 and were two of your friends fined $1 each for assaulting the Chinaman? - This is truthful. I was fined $3, and my two friends $1.
  Inspector Reed produced a police charge-sheet on which the charge and conviction by the Japanese Consul was entered.
  His Worship - I see by this that you were convicted of assaulting and beating the Chinaman and tieing him up with rope in a house in Nanking Road. Do you deny tieing him up? - I do not know.
  Inspector Reed - Did not two Chinese policemen go to your house while the assault on this Chinaman was going on? - Only one, No. 133.
  Inspector Reed - And when the policeman attempted to interfere on behalf of the Chinaman, did not you and your friends push him out of the house? - No.
  Inspector Reed - When the policeman asked the Chinaman a question, did you not put your hand over his mouth to prevent him answering? - I never have not.
  Inspector reed - You did not? - I did not.
  Inspector Reed - And when the Chinese policeman attempted to arrest you, did you not spit on your hands this way, and make as if you were going to trike him? - I never did.
  Inspector Reed - How long have you known Detective Horley? - I do not know him at all.
  Inspector Reed - When he attempted to arrest you, did you know he was a policeman? - I did not.
  His Worship - Horley told you he wanted you to go to the Station? - Yes.
  His Worship - Did you know what he wanted you to go to the Station for? - Yes, for the beating of Chinese.
  Inspector Reed - And when he attempted to arrest you, did you step back and threaten to strike him? - I did not.
  Inspector Reed - Did not Detective Horley put up his tick to ward off your blows? - No, I have not resisted Horley.
  Complainant had no witness to call.
  Defendant stated that at 0.40 p.m. on Monday, he was sent for by the sergeant on duty at Hongkew Station. When he went down to the charge-room, he saw a Chinaman there with a rope tied round his neck, and a native policeman, who said he tried to arrest some Japanese in Nanzing Road for assaulting the Chinaman, but had not been able to do so. Defendant then went with the Chinaman and the native policeman to Nanzing Road, where the Chinaman pointed out complainant as the Japanese who had assaulted him. Defendant then requested complainant to accompany him to the Station, but complainant refused to do so and attempted to strike defendant, who warded off his blows with his stick. Eventually complainant was arrested with the assistance of some native policemen, and was next day fined $3 at the Japanese Consulate for the assault on the Chinaman.
  Defendant's story was corroborated by a Chinese police sergeant and two constables, and by an independent witness, a dealer in ballast carrying on business in Nanzing Road.
  His Worship dismissed the case.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School