Skip to Content

Colonial Cases

R v. Everett [1872]

wounding - assault

Supreme Court for China

Shanghai, 18 November 1872

Source: Supreme Court of China (Shanghai), Judges' Notebooks, The National Archives (U.K.), FO1092: 339, pp 53-57

Regina v. Joseph Everett

1st. feloniously wounding William Cockle with intent to do him grievous bodily harm.

2nd. Unlawfully and maliciously wounding the said William Cockle.

Jurors sworn: F. H. Balfour; E. P. [Lalance]; G. H. Thompson; Alex Davis; E. C. Smith.

Mr. Stripling prosecutes

The prisoner is undefended

Plea Not Guilty

William Cockle.

A. B. of the Hastings. The [eveng] past of Sunday 3rd Nov we had been on shore. The Prisoner was with me. We had a few words in the Sampan coming across. Everett was nagging me. I thought it was all quiet & went to get my dinner. Everett came annoying me & shovg his hand in my face. He plagued me, I got up to leave the forecastle. He stooped & bit me in the thigh. I hit him on the nose. He let go & went & sat down. I went to the further end of the forecastle. I saw him lean over his bunk. I thought he was going to turn in. This was about 10 mins after we had the scuffle. I was leaning down getting my soup. I heard him get down from his bunk. He struck me in the side with a knife. I rose up quick. I was going to take the ladle but had not time. He was standg ready for another blow. I asked him what he meant, he then struck me with the knife. I put my arm up & he struck me with the knife in the wrist. I closed with him & tried to get the knife. I did not succeed. I gave him a [thump] or two on the [deck] & went aft to the Capt. & told him I was cut. He cut one of the tendons of the hand. I cannot move two of my fingers. I did not notice Everett was drunk. I think he was not - we had had a drop on shore but not enough to intoxicate us. I was sent to the Hospital. I fainted when I got there.

 

Dr. Little.

 

I am the Doctor of the Genl Hospital. I exd the last witness when he came. He was suffg from 2 incised wounds - one on the buttock the other on the wrist. The last one had injured some of the tendons. The other one was a skin wound. The wound in the wrist might impair the use of the hand. He has been in Hospital about 15 days - he is not entirely cured.

 

John Brown. See Deposition.

 

Prisoner was drunk, tipsy-like. An ordinary seamans' knife.

 

By Prisoner

 

It was in trying to knock knife out of your hand that he got the cut on his wrist.

 

Thomas McEvan

 

I am an A. B. See Deposition.

 

Fredk Wilson

 

I am an A. B. of the Hastings. I remember Sunday the 3rd of Nov. Shortly after dinner time Cockle & Everett came on bd. Everett was very drunk & Cockle a little so. They began quarrelling. I heard Cockle said you had better leave me alone or I'll make you. It went on some time. Everett went to sit down beside him. Cockle told him to get out of that. Cockle then struck him after some words & knocked him down. He struck him sevl times. I interfered. Everett was lying down. I went away. I heard a noise. I went in again. I saw\ Cockle [bumping] Everett. I told him not to kill the man. He said he's struck me - he had cut him. I believe they had had a few words before. Everett was put to bed & washed.

Capt. Addison Carpenter

Master of the Hastings. There was a quarrel, my steward came & sd McEvan had come aft. I saw that the men had been fighting with knives. I said it [????] but went forward. I met Cockle, blood was dripping from him. He said Everett had done it. He was also stabbed in the back. I dressed the wounds as well as I could. He was excited [??????????????] [how] the man not told me he had been drinking. I should not have known it. I found Everett was bleeding from the nose. I exd him, he was not stabbed, he had had a blow in the eye - he was not sober, he gave me nonsensical answers. I had him put into his bed as I was not afraid that he would get away.

Inspr Skinner.

I went on board to arrest the Prisoner. I found him drunk in his bunk, it was some time before I could rouse him. He asked me what I wanted him for. I told him for stabbing Cockle, he refused to come. I got his clothes & 3 [/4?] his shipmates put his clothes on. Capt. told him he was to go, he asked for what, & he came. I searched for the knife, I did not find it. I exd Cockle. I saw a [mark?] on Cockle's thigh - the inner part as if he had been bitten. This was last Monday.

Case.

Prisoner: said he did not know anything about it. I may have been drunk & I may not have not done.

Guilty.

Six months imprisont with hard labour.

Wages to go toward expenses in Prison.

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