Skip to Content

Colonial Cases

R v. Ford [1873]

murder

Supreme Court for China

Shanghai, 27 October 1873

Source: Supreme Court of China (Shanghai), Judges' Notebooks, The National Archives (U.K.), FO1092: 339, pp 104-144 (143-144 missing)

Regina v. George Ford

Wilful Murder

Jurors, sworn: J. Buchanan; H. Morris; W. Crawford, G. [Lydnesey]; T. R. Whhelock.

Mr. Rennie for the prosecution

Mr. Robinson for the defence

Prisoner pleads - Not guilty

Revd W Minshead - sworn as Interpreter.

Chan hang chien - "sworn & cautioned"

On the 19th day of the 7th month, I was hired by the Prisoner at 8 o'clock in the morng. I was hired to work until 8 in the Eveng. We asked for wages towards Evg about 6 ½ wishing to go away. There were six men altogether, one of them was the deceased, he was hired also. The prisoner complained that they had not taken a [ ] which he insisted upon their removing. They had no means of removg it & asked for some wheelbarrows - which he refused. On his refusing the wheelbarrows we waited for our wages, he offered them 300 Cash for all. He went up stairs & brought down a Pistol & hit the head of the deceased with it. This man had the 300 cash, the Cook of the Prisoner gave it him. They then ran away. All took place outside the House in the yard. 5 men were at the outside gate - the deced was inside the gate a very little distance. Immediately after the Prisoner went up stairs & brought down a gun. The deced called his companions beck to get the cash. I saw the deced with a gun. They ran further away, being afraid - some distance - it was very dark. We heard two shots of a Gun - clap - clap - Three remained at a distance, two went back a little & saw this man - the deced - dead. I did not know the deced before. I had met the others previously. I did not see any foreigners - it was exceedingly dark. I saw the Cook when he brought the money - I saw no one else. It was about 7 o'clock when the gun fired, about ½ past 6 when we asked for the money.

X

I did not see a Canton woman. This is the man who was with the Foreigner when I was hired. This is the Cook who gave the cash. I was hired at a place called Chung Foong. I had no buckets or rope. I was hired by the watchman. The Prisoner was with him, he did not speak to me.

(Deposition put in.) The Foreigner did not speak to him - we worked all day.

Ku yung wo - Chu ha seng - Yen se soo were engaged with me.

The first thing I did was to remove doors, Planks, [&c] in a barrow. I had never done any work for him before. It was a foreign Cart we moved the things in. It was taken from the place where we removed the things to - it was about 3 li distant - we went & brought it. They first fetched the Cart. I went. The watchman went with me - the six men went for the cart. Before I went for the I had not been there before for the deft. I saw the accused at [????]. The accused went in a carriage, he got there before. The witness & 5 other Coolies came back with the Cart, the Watchman also about 8 ½. We loaded the Cart. We took it to [??above??] - we made six loaded trips during the day. The last load was a Kennel two - a board - we reached [??above??] about 6 ½ .After unloadg kennels we asked for the money, the deced asked for the Cash - we asked the Cook - I saw him ask. I was outside - I saw the [deceased/accused] when he asked for the money. The Prisoner was walking up & down some times up the stairs & some times down. It was very dark. At the outset he had nothing at all. I saw the Prisoner give the Cook the Cash - it was between after half past six & seven o'clock. There was a very little time. The [accused] was present. He had not at that time anything in his hand. The discussion about the [stones] arose before we recd the 300 Cash. The Cook came from the Kitchen. I saw no one else when the Cash was pd. I saw a Canton woman several times. I saw a Canton upstairs constantly - on the verahndah. She did not come down. We stood outside wanting more money. The accused walked up & down the Stairs & brought down a Pistol because they would not go away - I did not known it was a Pistol until he struck the deced with it. He came down very quickly. He struck a man on the head. The man was just inside who was struck. The accused came outside. I was afraid & went away on seeing the Pistol - a little away from the Gate. When we saw the Gun we ran down the path out of the gate across the road. That is the Girl I saw. The Prisoner beat no one else. He went in again. He immediately went up stairs & brought down a gun. I saw him go up & come down with the Gun. I was in the road opposite the Gate. We saw the flash of the Gun-barrel as he came down & we ran away frightened. 1 st 4 went, then 1 behind, & 1 behind him - I was one of the 4. I saw him only go upstairs to fetch the Pistol & then again to fetch the Gun. I heard the shots but did not see the gun fired - the missing Coolie & two others went in first - they saw the body first - when they told us we went & looked at the body. I have never seen the missing Coolie since. One of the Coolies went & saw the [Tefoo] & told him all about it. The Tefoo found me & found out the others.

X

The deced was spokesman of the [port]. The deced Coolie was the only Cong poo - The Cong poo was hired at the same time.

Ku-yung-wo - (sworn)

I am a labourer. I was engaged by the Prisoner on the 19th day of the 7th moon - early in the moning about 8 o'clock by the Watchman. I worked all day with other Coolies who were engaged - one was very much afraid afterwards & ran away & he has not since been seen - & the deced. The deced was a Cong poo [*Gong-pu*] man. I know nothing of what the man who ran away was. The others were not Cong poo men. We worked from 8 to 6. We worked on to 6 ½ then rested. We then wanted our Cash, but the Foreigner wanted us to take a stone to [??Woku??] [Woku] is about 3 li from Chung fo[ong]. Prisoner would not give us our cash but said if we would remove the stone he would give it. We had no means of removing it - he would not lend us the Cart & we could not move it. We wanted money & he would not give it. At last he told the Cook to get 300 Cash & the Cook gave it to the deced - he made a [noise] & the Foreigner went up stairs & brought down a Pistol. The deced told me it was a Pistol, after he was beaten with it. I did not see it myself. We were still tumultuous asking for our money, for more, we retired a little bit. The prisoner went up stairs & brought down a gun & we went away - because it flashed by the light of the lamp - we ran away quickly so did the deceased - down the inside road to the outside out of the gate. I could not exactly see where the deced was. I was one of the first running away - I was the second of the 4. I was at the gate when I heard the gun fire, it fired twice. I was the 5th who was running away - four were running before me. The deced did not say any thing to me. I ran until I reached the outer gate - because the deced did not follow me I returned for him. I was at the gate outside when we heard the shots fired & came back to see about the 6th man - four men came back - we saw him on the ground. We then went away. I did not hear deced say any thing when we were running away. I turned half way round & saw deced following me - I proceeded - it was so dark I could not see the Prisoner, whether he was following or not. The man was lying near the gate but but 3/4ths of the path. I don't know that prisoner was following. The Cong-poo man was our spokesman in the matter of the money - we were all crying out. I did not see any other Foreigners. I heard the deceased speak, he said "come back & you'll get the money." This was just as I was running & looking round. The deced looked as if he was turning back.

X

I never worked for the Deft before. I had no bamboo when I was hired. The deced had none either - he was the only Kung poo man that he knew of the six. I do not know if the Prisoner was there when I was engaged. I saw him soon aftwds before I went with a load to Wohu. I saw him in side Chungfongka. The Watchman arranged about the wages. The first time I did not see him the second time I did. (Deposition read to him.)

The watchman hired us - there were 3. The deced [margin note: on same occasion] was engaged at the same time. I arranged wages with the Watchman, 250 Cash. We went to fetch an empty Cart from Wohu - all the men went. The Watchman went with us - I went part of the road but not all - we were all going but the Cart was empty & some remained. I was one of those who remained. They all said they were going there, 3 or 4 went. I cannot remember if deced went - it is a long time ago. [The] three men all went - while they were away I was taking a Cup of Tea. We all loaded the Cart & took it to Wohu. 1 st load consisted of Planks & wood dorrs &c. 1 st time was heavy Planks. We reached Wohu. I don't know in the [????] course of work we arrived. I eat my rice in the middle of the day, I eat it at Chung-fung-Ka. We had taken 3 loads before then - 6 times altogether - we left off after 6 o'clock. The heavens were already dark - last load were dog kennels & a door - we asked for payment after that. The Cook was asked by the deced for payment but all asked together. The Cook was there & I was just outside the door - I saw the deced close to the stairs. In bringing out the Cash the accused had nothing in his hand.

At first I did not see anything in his hand. There was a discussion about the stone. No. all ready to go if they got the cart. We had no ropes, no bamboo. The Cook was present. He explained that his Master would give them cash if they fetched the stone. I saw the cash paid. The Cook paid it to the deced - we were just outside the gate. The accused brought the 300 Cash & gave it to the Cook. He got it from upstairs. No one else was present. I saw a Canton woman upstairs - it was too dark to see her then. I saw when we finished the work - that is the woman. We raised a noise & said how can we be satisfied with 300 Cash. The accused was there - He went up stairs - I saw him come down. Deceased was beaten with it, that is how I know accused had one. The accused struck no one else - came out close by the door - did not come outside - All Coolies were outside - retired a little from the gate on the opposite wide of the road. I did not know if the Pistol was loaded - I was very much afraid because the deceased had said he had been beaten. The Gun was bigger. We still continued to cry out give us our money. Accused went up & fetched his Gun. There was a light there a foreigners make use of a lamp In the House. The flare flashed down below generally. As soon as I saw the Gun I ran away. Two men went away with them - the deceased was behind them - 4 first - then me - then the deceased - not very far behind - I stood a little [part] while the deceased said stop a bit have your money. I cannot say where he stopped. I was so frightened. I & then 3 men were there with me - You ce ci, Chi tai sung, Chang-hang-you (the last was the 1 st witness.) - I went him immediately. I have not seen the missing Coolie. I have never tried to find him. Originally I was an agriculturist - I am not a Coolie - I have not a [???????].

Chu ta sung

I recollect being engaged with other men to work for the Prisoner, about 8 o'clock - altogether 6 men. I know them now (ment. the 3 other men). I worked with them all day, from 8 to 6, when we spoke of [clothing] - we then applied for 250 cash each, we did not get paid - only 300 amongst from the Cook. The foreigner said if they would take away the stone they wd get all their money, if not they would not. It was a large stone. We were to take it to Wohu. At Wohu the altercation took place because it was very dark we could not take the stone - we thought to borrow the Cart & the accused would not give it us. We had no ropes & no bamboos & we could not bring it away. He said he would not give us the money if we would not bring the strone. He gave the money 300 Cash to the Cook.The Foreigner went up stairs & brought down the Pistol, with that he struck the deced & went inside. We contd to make a noise wanting more money. He then went up stairs & brought down a foreign gun & then we ran [fast?] the whole six. The deced was last. Then the last witness Ku tu yung & I was with the others.

[Margin note: did not seem except this interpreter to know [???????] last Witness.]

That was the order in which we ran. It was dark when we ran away after the Foreigner came down. He ran out of the outside gate - I heard two shots close together - very slowly after each other - not much time betwixt them. After the shots they waited outside until Ku you wong came up & then went back with them - short of the 5 - one did not go back - we saw the deced - I saw no foreigners about.

X

I don't know the missing Coolie or his name. Before that day I knew none of them. After he was killed some one told me his name, Kung-you-wo. I never worked for the accused before. Arrangement was to work from 8 to 6 at 250 Cash. I had no [??bintary??] with me - no ropes - a Ningpo man & Watchman hired me. The accused was with the Watchman when he hired us. Identifies the Watchman. This is the Cook who paid us the cash. - we six men were all called together - the 1 st & 2 nd witnesses & the deceased, then the missing man & myself & a sixth. Six men were engaged but 2 did not come forward - only four went with the Cart. Two went away &* came aftwds. They altogether went to work - two did not go for the Cart - but they afterwards did work. I went to fetch the Cart - just as we were hired - the deced did not. 1. 2. 3 & 4 - we fetched it from Woku, it is 3 li. I saw the defts house. The model is like the house - I had never been there before. I saw the accused at Woku. The Foreigner remained at Wohu. I don't know how he got there. I have forgotten whether he was there or not. I brought the Cart along with the others. [Margin note: [????] no pronunciation with] The Watchman showed us the way. The Watchman came back with us - all six proceeded to load the Cart & they took the first load of things to Li Ku. They reached the house after 8 o'clock & I cannot say when. I left off about 6 o'clock very dark. The lamp was lit in the house, there was a light in the kitchen when we left off work. 2 Kennels was the last load we took - only the 2 Kennels. We asked then for payment - money - we all asked. We asked the Foreigner - we saw the Foreigner. [The] accused was inside, & the deceased just out side the gate. The accused was walking to & fro at the foot of stairs. The Cook brought the 300 Cash. Before we recd it there was a discussion about a stone - we said we would bring the stone to morrow. 300 Cash was brought. The Cook gave it to the deced. I saw him. He gave it inside. I saw the Foreigner bring the money down & give it to the Cook. I saw him go upstairs & bring it down. I did not see any thing else it was so dark. We contd to make a noise outside. I was outside the gate. I saw the accused go up stairs. In a very little time he came down stairs - he brought a Pistol down. I saw it. We all retired a little bit when the accused beat the deceased. The Prisoner did not come outside. We called out for more money. I saw him go up stairs a 3 rd time & fetch a foreign gun. They all began to run as we saw him coming down stairs - I was No. 3 in the first 4, behind the 4 was Kung-youing-wo & behind him the deced.

I went to the interior gate - just as I arrived at the gate I heard 2 shots. I had not stopped. I can give no idea of the distance between us. I did not see the deceased running behind. The shots were close together one follg the other pretty quickly. Not very long after the shots [observing] only 5 at the outside Gate they went back & they saw the dead body. 4 came back & the other one I don't know where he went to. 5 men came back. I went away, I was so afraid. I only stayed there a little time - I stayed by the body while I could smoke 2 Pipes. I only saw him go up stairs once for a Pistol once for a gun. The foreigner brought down the Cash. I did not see the Canton woman after the 6th load.

Counsel proposes to ask the witness whether all the testimony he has given to-day was not false. He never having been present at all.

I refuse to allow it to be put in that form - there being no evidence that he has told a lie - or in any way given false testimony by [contradiction] or otherwise - or any reason.

[Margin note: I allow to be put in this form.] I say by heaven, Earth, & my conscience that I was at Wohu between the hours of 6 & 7.

Yeu-si-so

I am a labourer - sometimes I do Coolie work. I was hired on the 19th day of the 7 moon by the accused. Altogether there were 6 - we were hired to take a Cart along with things in it. I know their names now. I did not then (mentions them.) - one ran away, I don't know his name. One of them was killed. I worked all day until 6 o'clock. I did not get paid. We asked at 6 & compelled to work out a little later. There was a long affair about a stone - it was in the earth & we could not move it. We recd 300 Cash between us. It was too dark to move it - we asked for a cart & it was refused. We had no means to carry it - we insisted upon getting our money, aftwds the Cook gave them 300 Cash. We did not go away - aftwds the accused brought a Pistol & the deced was beaten & we retired a little way. I saw the Pistol - there was a little light then & I could see it. The deced came outside. I saw he had been beaten by a foreigner & they wanted more cash. Aftwds foreigner went uipstairs and they thought to get more money but he came back with a Gun - we all ran away. I was the first of the six - we ran to the outside gate. I was the first to get out. I heard the report of the Gun. 2 noises - there was not much time between the two. The others followed running - found one missing & went back & then we talked aboutr his havg been shot. We went back to see what was the matter - four went back, but one was so frightened that he did not go back. We saw the body, it was on the ground. It was dark. This was about 7 o'clock - events followed quickly after half past 6. There were no foreigners there.

X

I had no bamboo. I did not see the accused when I was hired - we were all called together. We worked all day from 8 to 6. The Watchman fixed the wages - he offered 250 Cash. The 1 st thing we did was to fetch a Cart for the things. We had never worked for accused. I went to fetch the Cart - all the 6 went - & the Watchman & all the six went to Wohu & they all came back with the empty Cart. I don't know whether the deced was there or not. Wohu is about 3 li from Chung-fong-ko. In a very short time we got back from Wohu, not so much as an hour.

We proceeded to load the Cart & took it to Wohu - we left off about 6 o'clock - the sun had gone down & it was dark. It was light enough to see from one gate to the other when we left off work. We could not see the other gate aftwsds. The last load was 2 large Dog Kennels & a leaf of a window. It was myself & the 5 other Coolies that took it. We saw the accused there. He told them to go back & to bring the stone. He did not blame us for bringing the Kennels. He sd he would not give us our 200 Cash until we brought the stone. The Cook was in the small House. He came out of the kitchen with 300 Cash & told us to go away. The Cook sd nothing but that I saw the accused give the Cook the cash - he gave it to the deceased. The deceased was inside the paling at the time. I saw him [??????] go up stairs. I did not see him fetch cash but he told the Cook to give it them. The other Coolies were present. A Canton woman was upstairs. I did not see her - I saw a Canton woman during the day. I did not see - my mind was not upon her after the unloading of the last load. I did not see anything in the accused's hand. We made a row - we were outside. The foreigner went up stairs & brought a Pistol down. I saw him beat the deced - no other person. This was at the entrance of the door. The accused did not come out of the [houserhold] of the gate. We had ran outside down the path when I saw the Pistol - [mark] can't say how far but we came back again. The Deft was inside the entrace, he went up stairs - it was very dark. The house lights were lit. There were also lights in the kitchen & in the House above. He came down with a Gun. We were expecting him to bring down some money. I was standg outside - the deced was a little in front. When I saw Gun I began to run away. All ran away [simultaneously]. I was too excited to see who ran with me. The last was the deced. The deced said - he only brought it down to frighten us, he will not let it off. This was said in the [????] Paling - while they were running away. He knew he was last because we heard him say Oh, he is only going to frighten us. I was very close to this outside paling. It was while we were all running. I heard two shots when I arrived outside. I did not see the accused after he came down the stairs with a Gun. I only heard the shots. I don't know where the 5th man went to. I went back to see the dead body - the other 3 went with me 1.2.3. [I] immediately retired. The others I don't know whether they went with me - the deced had an old blue dress on.

Wong-she-chiu

I am Cook with accused. I have been with him 2 months. I was so on the 19th of the 7th moon. I remember that the Coolies wanted money - I recd 300 cash from the woman to pay the Coolies. I gave it to the deced. They wanted more - I did not give them any more. The Master said bring the stone & I will give you more. They said it was night - & would bring it to-morrow. They wanted to borrow the Cart. The Master was unwilling & said it was too late. He persisted they should bring it. They said that they should call a Police man. The upper part of the house was lit - but not in the kitchen. After the Gun had been brought down the candle was lit in the kitchen. I did light the lamp in the kitchen after I gave the money, before that the lamps in the house were lighted. When the [watchman] came back the master came back. I saw the Master speakg to the Coolies telling them to fetch the stone. I did not see him come down. I heard aftwds the report of a Gun - two - one after the other. It was not so dark as it is now. I saw the Master coming in & his body was covered with dirt. I did not see him go out. A servant of a neighbouring house & said his master was in his house. The neighbour came.

X

We had been at Wohu about a week. Coolies had been employed before at 250 Cash a day - I had been in the habit of paying them. Chinese woman used to give me the money to pay them. She has been living with the accused for a long time. I saw the Coolies when I paid them. I have been off & on his Cook sevl times. I paid the 4 Coolies who had worked on the 18th day 250 Cash. The Coolies of the 18th fetched away the empty Cart on the morning of the 19th, the same Cart. This one No. 1 fetched the Cart in the morning along with 3 men - none of the 3 men were amongst the men who did fetch the Cart. I went to market with the Coolies who brought the Cart. I accompanied them on the way to Chung foo yue. We met the Watchman on the road. The Watchman's duty was to bring the Newspaper & bottle of milk - we met the watchman before 7 - as I was going along with the Cart. I returned to Wohu at ½ past 8. I took up Coffee to the Master in his bed-room. My Master was not dressed. He was with the Canton woman.

On the afternoon of the 19th I remember Prisoner bringing home a little child. I remember Coolies bringing the last load - they brought two Kennels & half a window after 6 o'clock. Outside we could see - not able to see across the Wangpoo. I heard the Coolies ask for payment, they said Cook give us our money, & further tell the Master the work is done. He was inside the enclosure. No. 3 was not there all the day. On the day of the examination on the 18th the 1 st man spoke to me not this man.

[margin note: who told him that]

I have not spoken to this man No. 3. I am certain he was not at work at Wohu from morng to night. This man was not with the Coolies when I paid it to the deced. The Canton woman was down in the yard with the Prisoner after they unloaded it. The Master had no Pistol in his hand when he was talking about the stone. I did not see him with a Pistol. The Prisoner desired 300 Cash to be brought. He told the Canton woman to get it. The Chinese woman went. The Chinese woman brought it down. She went up stairs & came down with the money. At the bottom of the stairs she gave me the money - the Coolies were all about the gate. The Cong poo man was inside, the others just outside. I gave the cash to the Cong poo man. I walked to the Cong you man & gave it him there. He then went outside. One of the Coolies came in & got a bamboo. The Cong guo went outside [margin note: 6 men outside] - they all talked complainingly & some talked of callg a Police-man. Both the accused & the Canton woman went up stairs - During the talking she stood at the foot of the stairs. Afterwards she went up stairs with the Master. They all went away crying out we will call a Police-man.

I heard the reports of the Gun not half an hour aftwds. Afetr paying them the 300 Cash I went into the Kitchen. I first washed the dishes before he lighted the lamps - about half an hour after the Coolies left. Before I lit the lamps after I heard the shots. I was inside when I heard the shots in the front room. One of the Coolies came into my Kitchen to fetch his bamboo - It had been there from the time of the third load. I don't know his name. No. 2 came into the Kitchen to fetch his Bamboo. My Master did not beat any of them - he told them to go away. I did not see any Gun in his hands before they went away.

Aftwds & saw my master & the Canton woman go up stairs. Previously Mr. Ford had not been out shooting - on previous days he had been out shooting - small birds - He gave me four to cook. There were often people there shooting.

X

The same four Coolies worked on the 18th & on the 19th. Two extra ones at Wohu on the 19th. These two were not working on the 18th. The deced was not workg on the 18th - he was one of the extra ones working on the 19th. Some of them worked & some gave up & that created confusion. When I am there I recognizing them. The Coolies with the empty Cart only one is now here. I was [blank] washing the plates.

Cook - recalled - 4 Coolies of the 18 worked in the morning of the 19th. No. 1 was one of those Coolies - he worked on the 19th all day - he fetched the Cart from Wohu with 3 others.

After [4] I saw in Court 3 worked it - they worked in 19, i.e. 5 loads - one 6 loads. 2 of them from the 2 nd load. One did not work at all - three of them were present, 1, 2 & 4. No. 2 left his bamboo in the Kitchen - he left his bamboo when he came with the second load - when he began to work.

I called them on the 19th. I arranged to pay them Beyond Chung fung ka. The whole four came to Wohu on the morng of the 19th - they havg been hired previously. The Watchman did not hire them. 6 worked altogether on the 19th - three of the men who worked on the 18 only worked for one load. They then went away - they did not come back in the Eveng. I did not call any more. From the 2 nd load more came. I have never seen any of them since. I have not talked it at all with the Watchman. I have not talked with the Prisoner's friends. I have not told any thing to any body - I merely went down to [remove] things - with no one. The Canton woman & a wine shop man went down. I went afterwards but I had no communication with them - the 5th or 6th of the 18th month. I went with Mr. Robinson & several others - a Canton man - a China woman. Ford, Watchman, & one of the Constables - Mr. Robinson. I told Mr. Robinson about the Coolies what I have said to-day.

Gerald John Ellis

A Broker. I live in the [O. T. P. O.] - last month I was living in the same compound as the accused. I was living there on 10th of Sept. I did not know the Pris. personally - by sight - (shows his house on Plan). I saw him on the Eveng of the 7th. I was at home before 7. I think I had finished [eating] by a lamp. It was a little dark. My boy came & told me 1 foreign man came to see you - it was Ford. He was very excited - he sd that he was in great trouble, that he had employed some Cooolies to work for him & that he had a dispute with these men & it ended in havg shot a China man. He told me that this Chinese had assaulted him & that he shot the man. He sd I am afraid he is dead - he said whatever he had done he believed had been done in self defence. He said he had marks on his head & wished me to feel it. He asked me to go and see the body. I declined to do so. I advised him to put himself under the protection of the law as soon as possible. I did not want to hear any more. He asked me how he should get away. I proposed his taking a sampan which was lying there. He said he had a [???] but he dare not use it. I offered to lend him a stick - he asked me if I would lend him anything to defend himself with. I lent him a stick. He was absent a short time - he came back & said there were too many Chinamen at the gate & he proposed to go back to his own house. I have never seen the stick since. I saw him later in his house. I saw some lights close to his house & I went to see that they meant. I found sevl people there, Mr. Penfold, Fowler, Stripling, Macgowan. They appeared to be searching his house. I went to see Mr. [Marks] & I aftwds went to the Bund.

X

I have a good memory. I think I have told all that took place. I shd think about 7. I think it must have been after. I was standg just inside the door of my room, there was a lamp beside. I first talked to Ford in my bed-room. My lamp was burning brightly [??????].

[Margin note: told his story very well.]

My Deposition is right. I cannot exactly say what precise words he used. The purport is as I have stated it. I did not press him to go away - He said one thing - "that he fired one barrel [over?] the China men to frighten them but he did not [mean] to [???] him the second went off" - this was before about the stick. I lent him a dollar & he gave it me back again. He did not ask him to lend him to lend [???] a [pony?]. I think a conversation did take place aboiut my pony - I believe I left the [club]. It takes me about 20 min. past 6. I went up stairs. I heard no report of a Gun. It is about 16 [?] to 18 [?] [???]. I would [surely?] have heard it. I did not notice he was dirty - I did not notice any mud on his trousers. I said to him I think - calm yourself is my advice - I am [cooler] than you are. I took the Police Station in my way to the Bund. I won't deny but I don't recollect havg said he [must] put [me] up & come down with me. Mr. [R????] did go back with me. When I saw the lights I believe I sd let us go & see what it is - I took up a sword bayonet & put it down. He dismissed me. I had seen Mr. Ford shooting birds.

[Margin note: ? what time]

D. G. Macgowan

 

I am an M. D. of Shanghai. I remember being called to look at the body of a china man on the 7th of Septr. I exd the body - the cause of death obvious: [shelling] of the brain by shot. Carried away the skull cap above the eye. I found no shot - shot would have glanced off.

X

I think the shot must have glanced upwards - no dIscolouration from gunpowder. The gun must have been close.

Dr. Johnston

I am an M. D. of Edinburgh practising here. I exd body mentioned on the night of the 10th, on the Thursday, the following afternoon. I went there at the request of the Consul. I found a body of a China man - it was lying on the ground in a yard nearly stript of clothing. A large part of the skull blown off & blood & brains scattered about - a gun shot wound. I exd yesterday front of hair - shot were there & in front - that accounts for death precisely. I think the gun must have been fired not level from the shoulder. I think in any case if it had been fired from the shoulder it would have blown back part as well - I think it must have been very close.

Mr. Stripling

I am Inspector of Police. I was on night of 10th. I produce a note from Ford asking me for 2 Police-men as he was in danger of his life from an accident. The Bearer of it told me that there had been a row near [don's] wharf with some Coolies. I met the Prisoner - he told me that some Coolies who had been at worked all day were not satisfied with what he paid them, that he went out to shoot a [C?????] & that he was attacked & beaten by some Chinese - he thought their [????] was to steal his watch & chain & that he held the gun in his hand to protect & recd a blow on his hand which had the effect of firing the gun. He went on to station with Constable - I saw body about 90 ft from the Gate. He was talking about it. I cautioned him not to talk. I went down with Dr. Macgowan at 12 p.m. & Prisoner with Insp. Fowler. I searched his house & found a gun. It was loaded. It is loaded now. It had been recently discharged - loaded with the same shot & I produce also a Revolver, not loaded. Prisoner said that it was the gun used - he sd he had reloaded it. I exd body - it was partially dressed - there was a hundred Cash in the waistband.

X

I have paced the distances - 136 short paces & 120 long ones [136 x 2 = 272 = 90 yds.] from the gate to to the place wherev the body was found - from body to gate - 26 or 27. I imagine it to have been held in the hand - flesh cut more than somewhat about the left eye, right eye intact. I saw Mr. Ellis. Mr. Penfold was not there.

John Wright

I went down to [???????????] godown. Reports Ford's story. "Crane" generally lodged in his compound, & recd a blow on his head - another made a snap at his watch chain - he put his hand on the chain & re[?????] two or 3 blows on the hand & the gun went off & killed one of the Coolies, this he sd on the landg. This was about 10 o'clock at night.

X

Chung-poo-ka - Wohu about a mile & a half. His clothes had dry mud on them, not much. He asked me to feel his head - I did so - it had lumps on it.

Re

The mud was on the lower part of the trousers.

By the Ct.

I could not say if lumps recent or not.

Jury

The Prisoner's clothes were not ruffled - but they looked as if he had had a scuffle.

Adjourns now

Case for the Prosecution

For Defence

-  Imprudent - tampered with -

Unprejudiced minds of Jury

Have sufft evidence without Chinese

[riot] not instituted by Chinese - Jury must do justice

Quotations as to [??????] of the Cart

[In margin: False accuracy of the men]

Their statement that they are monstrous Liars

Chinese testimony - applies to Cook

The Chinese [worth] calling - Prosecution's Chinese Liars

What earthly intent did they have for [??????] him

No atom of proof that he came outside his compound

Why did not the China men say they saw the accused run after the deced & kill him.

Mr. Ellis evid.

Only he spoke of a China man shot.

Ting-ay-wu

I am the watchman of Mr. Ford at Chungfungka - from the 20th day of 6th month. I remember 19th day of 7th month.

Accused from Chung[fungka] ro Wohu 12th of 7th month, 9 days before the disturbance. A week before. I had to bring milk & Newspaper, open the door from Chungfungka to the jetty at Wohu - about 4 li. Coolies had been moving things. I saw them - on the morning of the 19 I did take [????]. I left Chungfungka about 7 o'clock. I went straight to Deft's house. I did not [have] any Coolies before I took the milk. I met the Cook & some Coolies with a Cart - Coolies had used it the previous day. I met four Coolies with the Cook. I had seen them on the previous day. If I saw the man again I should recognise the man. The other three did not belong to the four. In passing I said coming coming. I left milk & Newspaper at Wohu. I saw the Mafoo & left papers then I came back. I did not meet anybody in my way back. I went back to C.fungK after 8 o'clock. It took me about an hour to walk. The four Coolies were there. They loaded the Cart to take things away - they were the same four Coolies - the same four Coolies came back.

The same four Coolies reloaded it [while] did not take it back. The Master came - the Coolies were there. The Master told him to call two Coolies. I did so. I saw one - I don't know his name - the other a Cong poo man was the other. They were to have 200 Cash. They had bamboos - they put them on the Cart. I went with the Cart a 2 nd time - six men went to Wohu - 2 of them were men I hired - the four were changed then - they were new men - somebody else called them. The other Coolies - 4 were called - 3 were changed. I don't know, I saw him yersterday - he was one. I met him in the morning. - They were changed because they were not able to do it. I went again with them in [driving] the cart. The Kung poo man - he was behind the Cart. He saw them put two in the House in the small house - one of them then appeared yesterday. I came before them. The smallest man was hired at 10, the tall man was not at work - not [???] on any journey. I did not go again.

X

I have often hired coolies. It is often the Coolies are subsistuted - Nothing unusual. He does not know who gets the money. The original man gets the money. I don't know if No. 3 got his money in the Eveng. I have had no conversation [margin note: of course he has had conversation] with the Cook or anybody. The Chinese woman is the only person he has had conversation with - the two called the other three. The Cook had nothing to do with it.

AKen

I have lived with him [4] yrs. I remember the night of the 18th of 7th month - the Prisoner was in bed on the night of the 18th - that is the House in which we lived. I was with him all night. He left [Yoku][Wohu?] at about ½ past 9 a.m. We had been there one week. Coolies had been engaged moving - I paid them. 4 Coolies were usually employed - 1000 for all 4. He returned with a child & provisions at 5 p.m. He was [at] that home from 5 p.m. The man took the Pistol to clean. I was in Room also. I remember when Coolies came home - I went down stairs. My Master went with me. I came down back stairs - there were six Coolies. I heard them talking - Coolies wanted cash. He said why did you bring Kennels - fetched them he would pay - [I want cash go time cash???] I pay you 300 cash for food. I fetched the money - upstairs - I brought it down - I pay that Cook at foot of staitrs. I stop all the time down.

[margin note: Unfortunate he should have been playing with a Pistol.]

I [hear][talk][the] coolie. He never bring Pistol down side - Master never have got gun - Then on that Coolie go away - go quite out - out of gate. I [hear] some bamboos taken away - 3 person outside & 1 person cook house. No have beat any man - nothing - I go up stairs after shutting gate. Havve got no light in Cook house. I saw a boat. I have seen a pair of birds fly - told my Master you go shortly. Have got gun under the bed. I went & [???????] Gun. I fetch powder & shot - he loaded Gun. I went to fetch a lock for the outside gate. Master go first. Towards the gate he shot the Bird. I have seen [?????] from that bird.

Four or five persons Coolies coming running come around that Gate. I have seen him flog his master. I ran away. I ran into the Balcony. I have seen my Master fall down. She hear that Gun fire one time. I shut a door. I went into another room. My Master came back in sitting room. He say very sick his head very sore, told me to [bring] him cold water. He then go next foreign house. He was away not very long - & he came back all alone - he came back to asked witness for a dollar for a Sampan. I gave him one - he go along with Cook. Catches Sampan - with a chit to Police Station. Master remain home - laid down. I washed his head with cold water. Clothes belong dirt & face. Have got large bruises on head.

[Margin note 1. Extra ordinary fact never cries out, does not call Cook.]

[Margin note 2. Did not ask the Doctor.]

One or two minutes - half way - Dirty all over. ¾ past 6.

???????????????

I am a groom. - I know the Watchman - on the 19th of the 7th moon night brought milk & Newspaper. In the morng I was in the stable. I came to clean the Lamps. I remember the Cook coming back from market. I sawe the Cook go upstairs with Coffee. He used the carriage about ¾ past 9 - I went to Chung fung ka with my master.

W. Rash

I saw Mr. Ellis on the Eveng of the 10 at night in the public garden - he was excited & in a state of fear - he referred to what had taken place. A man had been killed & the natives down there were very excited & he had no mind to go back. He asked me to put him up or go down with him. I did not see lights at Ford's house. He called for his boy to bring down his sword Bayonet. I told him that he had better leave it behind - he came into the house & found 2 Inspectors of Police.

[The rest of this case is missing; pages 143-144 are blank.]

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