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Colonial Cases

R. v. Davis, 1874

[obtaining by false pretences]

R. v. Davis

Supreme Court of China and Japan
Shanghai, 17 April 1874
Source: Supreme Court of China (Shanghai), Judges' Notebooks, The National Archives (U.K.), FO1092: 339, pp 172-177

 

Regina v. Philip Davis

Indictment - Obtaining goods by false pretences.

Mr. Stripling conducts the prosecution.

Not Guilty.

Jurors, sworn: W. Glover; James Johnsgton; C. Y. Mavricar; W. Miller; F. G. [W]alsh.

Mr. Stripling - on behalf of Police - prosecutes.

???????????

I am an assistant in the shop of Chen Sing. Van fo shin is the Proprietor. The shop belongs to 2 men. Kai ching is the other owner - he is a Pilot, he lives in Hong Keu. I know the Prisoner - he has come to get things from my shop - he came on Friday four weeks ago, Eveng time. He said he wanted 500 lbs large Biscuits & 100 other Biscuits & a Box of Cigars. I gave him a Box of Cigars of the value of 9 $. I went with him in a jinriscksha to the French side No, 14. It was a store. He told me to wait outside - he went inside he took the Cigars [outside?] - he said wait I will go along with - he came out & returned with me to Hong Keu to the Old Dock. He sd [I've] one pound - you pay the Carriage - to morrow I come and pay you carriage money. He did not pay me for the Cigars when I deld the Biscuits. On Saturday he came & said 250 lb. of Biscuits would be enough.

Saturday he came & gave me $1 & I gave him 70 cents change. He came [he came] & got other stores on Saturday 1 Box of Tobacco, 2 doz Pocket Knives, 2 Neck-ties, 2 Bottles of Scent, 1 Hat, 1 Bottle of Lozenges. I went along with him to the same store. He said he wanted the Biscuits on Sunday - because the Fuseyama was going away. He wanted to send the Biscuits to Hankow. I belong Ku Chi No. 2 & do good [pigeon]. He said he could get 10 per Ct. He said I had a large business to give you by & bye. I took them to the same store. I thought it belonged to him. He told me. He took the things & told me I need not wait. He came Sunday - on Sunday he came in a horse carriage. He sent the Carriage away - he sd he wanted some of Roger's large knives - he took [9] piece - he said he wanted a [Commition??] I gave him half a dozen scented soap, 1 bottle of sweets, 1 bundle of Cigars. He took them himself.

He said he would comed again Sunday for Biscuoit - he did not come. I went to French side & met him in the road & asked why he did not come - he said I have been in [your] store. He said I will come to-morrow. He sd he would pay when he took dely of Biscuits. Biscuit money keu Chong Compradiore would pay - the Compradore would pay for all. He has not paid - I should not have giben him the goods unless he had me he had a styore & had taken me to Ku-ching. On Thursday I [first] to thje store. Inside that store they said they did not know. He gave the name of "Williams." I asked for Williams & they said they did not know him. I then went to Ku-ching. I saw a Black man. I showed him a list of goods addressed to Williams. Mr. Butler said he did not know him. The Prisoner gave me the list - he wrote this in my shop. (Produces 2 liusts in Prisrs hanbdwriting.) I belong head man in shop. All the property belonged to my Master. I look after his shop.

X

There are two masters - one no keep shop he is a Pilot. You said you stopped at Ku-ching. If you belong Master I want ready money. If you keep one store master I can give credit. You said when Biscuits were ready you would pay me. I have not paid these biscuits. You have talkie me that store belong me. At my store you said that you had a store in the French Concession. I thought it was true & therefore gave you the goods. You said you were No. 2 Russell & Co stores. You said No.2 Russell & Co, & that you had a store on the French Concession.

Boyson

Police Constable. The China man, the last witness, took me to a store on the French No. 14. I went & asked whose store it was. It was Mr. Goldenburg. I know it is his store. There is no Partner.

Goldenburg

My name is Isaac Goldenburg. I am a store keeper No. 14 Rue de Consular. I know the Prisoner. I have no Partners - he has no interest in [your] store. I have had it two months. Prisoner came to my store & sold me some goods - he sold me Cigars, Tobacco, Pocket Knives.

X

I am a Jew. A Box of Cigars you brought, I paid you next day. I took a receipt on the followg day. A few days after I bought muslins & Cotton - you gave me a receipt.

Case for Prosecution.

Prisoner addresses Jury.

Jury found him "Guilty."

Prisoner asked

Sentence 6 mos with hard labour.

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