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Colonial Cases

Mixed Court, Shanghai, 1876

The North China Herald, 20 January 1876

MIXED COURT

Shanghai, Jan. 17th.

Before the Chinese Magistrate, HSIEH, and O. J. R. ALLEN, Esq., British Assessor.

Raid on a Gambling House

   Twenty-seven natives were charged with gambling in a house in ne-pa-doo, a thoroughfare off the Honan road, in the neighbourhood of the Soochow Creek, on Sunday night last.  Having been captured by the Police in the act, there was no attempt at defence. The sentences were, however, lenient, three of the prisoners being sentenced to two months', and the reminder to a fortnight's cangue. -  $130 and a quantity of cash, found in their possession were, however, ordered to be confiscated.

...

   About fifty other prisoners, charged with various offences in the settlement, ranging  from shop-lifting, false pretences, and larceny, to obstructing the public thoroughfares and begging, were also dealt with.  The near approach of China New Year, coupled with the fact that no Court was held on Saturday last, explains this sudden increase in the number of detected offenders.

 

The North China Herald, 27 January 1876

MIXED COURT

Shanghai, Jan. 20th

Before the Chinese Magistrate, HSIEH, and Dr. YATES, U.S.  Assessor.

Creaking Wheelbarrows
   Latterly, the excruciating nuisance of creaking wheelbarrows has been on the increase, and complaints thereof have been somewhat numerous.  The Police took one of the delinquent proprietors to-day before the Mixed Court.  He was cautioned and discharged, a mild example being deemed sufficient at first.

Letting Off Fireworks

   Three respectable datives were brought up by the Police, charged with the above-named offence.  It seemed that on Wednesday night, the defendants, in common with many others in the Settlements, had been celebrating an annual custom, at this season, of chin-chin-ning their Lares and Penates on their approaching departure to Spirit-land, to make room for their successors for the New Year.  The defendants were, however, for some reason, more than properly demonstrative, and consequently found themselves in the clutches of the law.  In consideration of the time and the object which led to the offence, the delinquents were discharged with a caution.

Jan. 24th

Before the Chinese Magistrate HSIEH and W. R. CARLES, Esq., British Assessor.

Jinrikisha Nuisances

   Thirteen jinrikisha runners were brought up for inspection by the Chinese magistrate, as to their unfitness to be employed in that capacity, owing to their unsanitary and generally unwholesome condition.  The appearance of the poor wretches in custody was miserable in the extreme, not only on account of ragged and dirty clothing, but for other reasons also.  Complaints of the increased employment of such unfortunates having been so frequent of late, that the police were compelled to interfere, in the hope of clearing the Settlement of them; but it is asserted that owing to the large number of jinrikisha plying, and the consequence small earnings of the runners, a more respectable class of coolies cannot be obtained. - The experiment of interviewing Hsieh on the subject, however, turned out a failure, for, struck with the pitiable appearance of the men before him, he ordered them to be paid 100 cash each and dismissed, making no order as to their future employment.

Letting Off Fireworks in the Settlements

   About thirty more offenders of this class were brought up, but as in all previous cases of the kind, they were discharged with a warning - probably for the encouragement of others.  The Police state their inability to stop the nuisances, owing to the fireworks being discharged in the native parts of the settlements, and also to the seeming impossibility of getting such offenders as are apprehended punished.

 

The North China Herald, 29 April 1876

MIXED COURT

Before the Chinese Magistrate HSIEN, and W. M. COOPER, Esq., British Assessor.

AMOORE v. AKEE.

Embezzlement, Overcharge, and Theft.

   The case was first heard on the 10th instant: the first charge was in consequence of certain sums of money, in all $21.70, having been appropriated by defendant, Mr. Amoore's boy, instead of being  paid to certain tradesmen, whom Akee (the boy) said he had paid at the close of the last Chinese year. The second charge was to recover $10 paid to Akee in excess of the actual cost of some fans purchased in the city; and the third to recover a Chin aware vase taken without plaintiff's knowledge or consent.

   Plaintiff, however, stated that his object was also to compel defendant to produce his books, and thereby show that Akee's statements made in the Pollute Court on the 3rd instant, as to the total amount of wages he received, were false, although His Honour, Mr. Mowat, had been induced to believe them.

   The evidence being very clear, the Court ordered the various amounts (excepting g the  tailor's bill which Akee had paid on the previous evening,) to be paid out of the money held by the Police Court to await the decision of this Court; also that one half of the commission that Akee had appropriated to be paid back to the plaintiff, the Magistrate declaring fifteen per cent to be the usual commission where native servants purchase for their foreign masters; that the vase be returned, and the case be remanded till, the 12th instant to allow of defendant's producing the tailor in support of his statement that the tailor had assented to the retention of the money as a loan.

   When the case came on again, the tailor attended to deny Akee's statement, but the defendant did not appear, and the Court issued a warrant for his arrest.  Information has since been received from the Magistrate, of Akee's having left this for Canton on the 13th instant.

 

The North China Herald, 19 August 1876

MIXED COURT.

Shanghai, August 14th.

Before the Chinese magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

State of Crime in the Settlement.

   Before commencing the business of the day,

   The Assessor, addressing Mr. Superintendent Penfold, said, in the last Municipal Police Report, there was a statement to the effect that the gaols were as full of native prisoners as ever, and that thieves continued to flock into the Settlement from the country.

   Me. PENFOLD said that that was the case.

   The ASSESSOR asked if the Police had brought any cases against the Mixed Court Yamen runners?

   Mr. PENFOLD replied in the negative.

   The ASSESSOR - Are your gaols full now?

   Mr. PENFOLD replied that the gaols were not only full, but two new cells were being built at the central Station, and other alterations made, by the removal of water-closets, &c., by which accommodation would be made for 50 more prisoners sentenced to long terms of imprisonment.

   The ASSESSOR - How many professional thieves are there known to be in the Settlement?

   Mr. PENFOLD - About 300 or so, known professional thieves.

   The ASSESSOR - And how many rowdies?

   Mr. PENFOLD - I should suppose about 500 or 600.

   The ASSESSOR said he was led to ask these questions, because Mr. Grosvenor's boy had complained that he had been stopped and robbed in the Maloo, by five men armed with knives.

   Mr. PENFOLD said there were known to be in the Settlement a number of Tientsin rowdies, connected with the theatres.

   The ASSESSOR - And there are no means of getting rid of them?

   Mr. PENFOLD - Not unless they do something that will bring them within the reach of the Police.

   The ASSESSOR - Do you remember the case of a man sentenced to be deported to Tientsin, who appeared in the Settlement again a shirt time afterwards?

   Mr. PENFOLD - I do not now remember that particular case.  Sometimes the mode of deportation is to simply put the person on board a steamer, or give him money to go away with.  In either case, there is nothing to prevent him coming back, because he can get off the steamer at the very next port and return, if he likes.

   The ASSESSOR - Do you remember one single case in which deportation has been carried out properly in all these years, since the Mixed Court has been established?

   Mr. PENFOLD - No, I do not.

   The ASSESSOR - And returning from deportation is not taken notice of?

   Mr. PENFOLD - No, the Chinese authorities do not notice it.

   The ASSESSOR - Do you ever remember an instance of thieves being thoroughly beaten in this Court?

   Mr. PENFOLD - Yes, recently some gamblers were thoroughly punished in that way - while you were absent.

   The ASSESSOR - But as a general rule they are not beaten at all severely?

   Mr. PENFOLD - No; 100 blows are at times given so lightly that it is almost impossible to see that the punishment has been administered; scarcely a mark is made.

   The ASSESSOR - Did you ever weight the Chinese cangue?

   Mr. PENFOLD - Yes; some weight only seven catties, others twenty-eight.

   The ASSESSOR - Twenty-seven is the regulation weight.  Do you think such punishments have any deterrent effect?

   Mr. PENFOLD - I think the hard labour system is very much better.  The prisoners are kept healthy and strong by it; whereas if they are only cangued or imprisoned they soon fall sick.  The little exercise they get is not sufficient to keep up the circulation, and health soon begins to fail; but while out at work, they talk, laugh, so their work easily, and are kept in good health.  In the case of opium smokers, the case is somewhat different.  They suffer a good deal at first by being deprived of opium, and it requires about four months to being them round.  Afterwards they go on as well as the others.

   The ASSESSOR - Do you think the twelve months' imprisonment system is of any use as a deterrent?

   Mr. PENFOLD - Yes; I think it is working well.  Thieves who have undergone it do not return here again.  But I do not think you can ever reform them, because they say they find it impossible to get an honest living.  Their statements are that they are obliged to pay the yamen runners black-mail, or they threaten to charge them with offences they have never committed.

   The ASSESSOR - Then they cannot do any honest work because the runners interfere with them.

   Mr. PENFOLD - Yes, they all say so.

   The ASSESSOR - You have never been able to bring anything of the kind home to the runners - that they squeeze in this way, or anything of the kind?

   Mr. PENFOLD - Oh, yes; the runners frequently make the thieves pawn their clothes in order to get money from them.  We have had cases of that kind, but the runners have never been punished for it.  The runners are not under Municipal Police jurisdiction, and such things are usually done in the city, and then the thieves come back in to the Settlement to steal.  It has been done in this very yamen (the Mixed Court.) We know of an instance in which a man confined here was seen without a coat, and on being asked what he had done with it, he said he had been obliged to pawn it to pay the runner his money.  It is the regular thing.

   The ASSESSOR - I do not see why it should be so, or that the yamen runners should not be dealt with like other people.

   The cases were then proceeded with.

 

Larceny.

WONG FAH-KING (characters), an old offender, was charged with stealing a piece of silk from a shop in the city.  He was apprehended on the English Bund with it in his possession.  The case was clearly proved, and

   The MAGISTRATE wished to inflict a lenient punishment.

   The ASSESSOR said that would not do, the man had been brought to Court over and over again, and must be punished severely.  The Chinese law laid it down that crime was to be suppressed and punished.

   The MAGISTRATE ironically suggested that the prisoner should be strangled.

   The ASSESSOR said - I do not want the prisoner strangled or beaten, bur properly punished.  It seemed the desire of the Court that these criminals should be locked up and maintained at the expense of the Municipality, but that was not in accordance with the spirit of the Chinese law; while the short terms of imprisonment were of no use.  All I call upon the Magistrate to do is to properly punish their own criminals.  But they do not attempt to catch them, and when we catch them they do not punish them, and they are simply kept at the expense of the Municipality.  This is a system as injurious to British interests as it is derogatory to the character and well-being of the Chinese administration, and I want him to suggest some alteration.

   HEDING, who interpreted all through, explained this to the Magistrate, but he merely nodded his head to show he understood it, and made no remark.

   Mr. PENFOLD, in answer to further questions, repeated that there were between 200 and 300 old thieves, and perhaps, 600 or 700 rowdies still in the Settlement; but he thought the infliction of long terms of imprisonment would have the effect of reducing them - that was sentences of 12 months or more.

   This having been interpreted to the Magistrate, he wished to order the prisoner 200 blows and three months' cangue.

   The ASSESSOR - That will not so; we want long terms of imprisonment.  We have tried canguing and blows for a very long time, without producing any permanent good; and now we  want these criminals sent to prison, - but the question is, what prison?  The Chinese law distinctly states that punishment for theft shall be banishment, military service at a distant station, or death.  If that is the law, why is it not put in force in these cases here?  Foreign nations have for many years found that it is impossible to put a stop to crime by short terms of imprisonment.

   The MAGISTRATE, on this being interpreted to him, replied that the thieves when convicted were sent to the Municipal Council prison!

   The ASSESSOR - Why are they taken there?  Only because the Chinese administration had not provided a place for them.  There were now 200 or 300 native thieves, and 700 native rowdies loose in the Settlement, and not a prison to put them in when detected in crime.  Why was that?

   The MAGISTRATE only replied - we have no prison.

   The ASSESSOR - Then would it not be advisable for you to communicate with the Minister of Justice and the Minster of Finance of this province, and endeavour to get money to build one at once?

   The MAGISTRATE expressed his inability to do this.

   The ASSESSOR - Then in the meantime build up a mat-shed to put them in, under care.  I am very anxious about this matter, because it was lately said to me by a very high native official, that wherever foreigners come, they want to govern.  We latterly read in the Foochow Herald, about a man who was put into a cage for some offence, and starved to death in eight says.  When thieves knew of such severe sentences being inflicted, they naturally run here where penalties are light from all parts - Foochow, Tientsin, and elsewhere.  All I want the Chinese administration to do, is to punish thieves satisfactorily.  At present they are either punished insufficiently or sent into the city, where they are not punished at all.

   The MAGISTRATE continued to express his inability to take any of the steps suggested.

   The ASSESSOR - Then why not run up a mat-shed?

   HEDING - He says a mat-shed will not do.

   The ASSESSOR - Then the simplest plan will be for Mr. Penfold to keep the prisoner in custody until the Magistrate can get the authority of the Minister of justice and of the Minister of FiancĂ© of the province to provide a place for punishing their own criminals.

   The MAGISTRATE - If the Police do that with the prisoner, they will have to do the same with others afterwards.

   The ASSESSOR - Mr. Grosvenor's boy had not been back three days, before he came and complained about having been robbed in the Maloo, by Tientsin men; and two days afterwards Mr. Grosvenor's coolie came and said some Tientsin rowdies were continually coming to his shop and trying to squeeze him, because, they said, he must have made some money in Yunnan.

   The MAGISTRATE here suggested that the police should take charge of the prisoner for three months with hard labour.

   The ASSESSOR - That will not so either.  With such sentences as that, we shall always be harassed and worried as we are now.  The Treaty says native thieves are to be punished according to the Chinese law, which has not been done.

   The MAGISTRATE now proposed that the prisoner should be sent into the city to be dealt with by the Chehsien.

   The ASSESSOR said - That will be of no use.  Mr. Penfold can give plenty of evidence that the chehsien does not punish thieves sent from this Court.  The object of Sir Harry Parkes in establishing this Court was, because the Chehsien did not punish offenders sent to him by foreign Consuls.

   The MAGISTRATE said he had no authority to carry out the Assessor's suggestions, and could only act in accordance with his own powers.

   The ASSESSOR - Then we are to understand that the Chinese Government can not punish thieves taken in this Settlement?

   The MAGISTRATE, evidently becoming vexed, but bursting into laughter, said he was governed by the regulations of the mixed Court, and could only apply imprisonment and the bamboo.  It was not a superior Court.

   The ASSESSOR - We also in foreign countries have Courts like this, which are called courts of first instance.  If offences are too grave to be dealt with there, the accused are committed for trial by a superior Court, and I now propose that this prisoner be committed for trial.  If the magistrate will promise to keep him here until he is tried, I shall be satisfied.

   The MAGISTRATE at length assented to this.

   It was also arranged that the police should keep a watch upon the prisoner, to see that he was not liberated in the meantime.

 

Loitering.

   An old thief, who had been four times in custody previously, was brought up charged with loitering suspiciously in the Seward road at about three o'clock in the morning.  He said he was looking for a head coolie.

   The MAGISTRATE wished this prisoner to be sent to the police Station to work for a month.

   The ASSESSOR objected to this, on the ground that it would be still laying foreigners open to the charge of wanting to govern.  He thought the prisoner had better be kept in the Magistrate's yamen for two months.

   The MAGISTRATE agreed to this, on the understanding that if the prisoner fell sick, he should be liberated.

   The ASSESSOR - The  he will be sick in a day or two.  (To Mr. Penfold) - Will you look after him?

   Mr. PENFOLD p- yes, but directly prisoners in the yamen complain of sickness, they are liberated.

   The ASSESSOR - It is monstrous to go on in the way we have been and are now going.  If the Chinese had gaols of their own we should not be troubles with such cases.

   Mr. PENFOLD - There is a great deal of trouble in keeping 100 native criminals in our gaols.

 

Burglary.

   A native was charged with entering a house through an unfastened window, and stealing 12 pieces of clothing, 2 umbrellas, and 2 silver hairpins.

   The MAGISTRATE, after the usual opposition, consented to commit this prisoner for trial also.

   The ASSESSOR explained that the court before which the prisoners would be tried would be former by some competent persons whom it was hoped would be deputed for this purpose.  It was not meant that they should be taken before the chehsien's Court in the city.

August 16.

Gambling.

   Fourteen gamblers, captured by the Police in a house on the Yan g-king-pang, on Tuesday evening, were brought up.  Fifteen were taken, but it being shown that one was sick at the time, and that some of the others had only sought shelter in his room, where they were found, he was liberated. - The headman was sentenced to a fortnight's cangue and 60 blows, the thirteen others to 60 blows each; but as several of them left the court smiling, it is supposed that the punishment will as usual be commuted on payment of a few cash to the yamen runners.

 

The North China Herald, 19 August 1876

MIXES COURT REFORM.

To the Editor of the NORTH-CHINA DAILY NEWS.

   SIR, - Mr. Davenport, I observe, returns very fresh from his Yunan ramble, and routs out the Mixed Court cobwebs in a style which shakes old Chen out of his proprieties, however much her may affect to be ironical and to laugh off the propositions of his energetic Assessor.  But where is the use of this momentary outburst?  The colloquy, first with Mr. Penfold, and then with Chen., reads well on paper, but what is the result?  Chen remains, as he helplessly, but reasonably pleads, powerless to grant the necessary reforms.  As for declaring the Mixed Court to be a Court of first instance, and committing men for trial before a higher Court yet to be framed, surely this can only end in a dead-lock; when the committals, becoming so numerous as to be unmanageable, the old practice, wretched as it is, must of necessity be resorted to once more.

   The fact is, the system is to blame, not Chen; and Mr. Davenport is only putting his hand on a sore which Consuls and Assessors before him have repeatedly probed, but without result.  What is needs is an abolition of the Mixed Court, and either the erection, by Imperial Mandate, of the Shanghais settlement into an independent Fu, or even Hsien; or the delegation to the Municipal Council by the Chinese Government, of powers that will enable them to establish a Court of judicature upon enlightened and effective principles.  This can only be brought about by the combined action of the Foreign Ministers, to whom the case should be strongly and unceasingly represented by the Ratepayers, or by the Council on their behalf.  Till that happy con summation arrives, we must fain content ourselves with the wretched travestie of justice, at present yclept the "Mixed Court."

I am, Sir, &c.  A PLAINTIFF.

 

The North China Herald, 26 August 1876

MIXED COURT.

Shanghai, August 25th.

Before the Chinese magistrate CHEN, and A. DAVENPORT, Esq. British Assessor.

An Old Thief Caught.

   A well-known thief was brought up charged with stealing two umbrellas, a brass pipe, &c.  He had been before the court previously, and it was well known that he had committed robberies, and had been punished, in the French settlement. - The present case against him was clear, and it was said that he had been so repeatedly bambooed that his skin was as hard and callous as a labourer's hand, and that bambooing was no longer a punishment to him.

   CHEN nevertheless wished to inflict a lenient sentence of imprisonment upon him.

   The ASSESSOR said that would be of no use.  Punishment to be deterrent in such cases, must be severe and prolonged.  It was simply monstrous to go on in the way they had been going on in that Court.  Here the community were at the expend se of catching thieves, and the Chinese would not punish them when taken.  All he wanted was for such fellows as the prisoner to be committed for trial, and detained in custody at the Magistrate's yamen until they could be properly tried.

   HEDING, the Consular interpreter, who happened to be in Court engaged in another case, having interpreted this to the Magistrate,

   CHEN replied that he could not any longer take charge of prisoners in his yamen, and must refuse to continue to do so.  He could not ask for superior powers, nor for the appointment of any one else to try the prisoners who were convicted.  For himself, he could only punish them in accordance with the regulations of the Mixed Court.  If any Chinese went to the British Consul, and asked him to try their case, the Consul always said he had no power to do so, and they must go the the Supreme Court.

   The Assessor directed Heding to inform the magistrate that Her Majesty's Government had been at very great expense to provide a Supreme Court in Shanghai, although there was not more than one British subject to eighty Chinese in the Settlement.  Not only had that expensive Court been provided, but a very large Gaol had also been built, which at the present moment was occupied by only eight prisoners. The Chinese had neither a Supreme Court nor a Gaol, notwithstanding  the very large number of thieves and other offenders who were brought by the Municipal Police to the Mixed Court to be dealt with again and again.  With reference to the Consul not trying cases when asked by Chinese, one Court was quite sufficient for the purpose in a small community like this.  And all he (the Assessor) asked was that there should b e one judge of superior  rank appointed in the Settlement, to properly try and punish Chinese offenders.  The Mixed Court was not intended for the trial of grave offences, which were supposed to be dealt with in  a straightforward manner by the Chinese authorities.

   CHEN repeated, with some heat, his utter inability to comply with the Assessor's wishes, and also that he could no longer undertake the care of prisoners committed for trial;.

   The prisoner was therefore remitted to the care of Mr. Penfold, at the Central Police Station, to await his trial at some future time.

Larceny.

   A thief who confined his operations to trifles, was charged with stealing a roll of 100 cash, which it appeared he snatched up as he passed a shop window. - There were no convictions against him in this Court, but he was known to be a pilferer. P- Chen was again going to pass a light sentence, but the Assessor insisted on a more severe one, and the prisoner was ultimately ordered to be cangued for three months.

An Incorrigible.

   A thief, who was released only five days ago from undergoing two month's cangue, was now brought up for house breaking.  It was stated that on Wednesday night, about eight o'clock, the shopman in charge of a cash exchange shop in the Nanking road, had gone to get his supper, having previously closed the shop and locked the door with a common  Chinese lock.  On returning soon afterwards, he found the lock broken and the door open.  He went next door to obtain  a light, and on entering the premises found that some boxes of clothing had been brought  down from an upper room, and placed ready for removal.  Continuing his search, he found the prisoner concealed in a corner of the shop behind some other boxes, and at once  seized him, but he made no attempt to get away.  Further investigation showed that nine articles of clothing were missing, and it is therefore supposed the prisoner must have had an accomplice, who took the opportunity of decamping while the shopman was gone for the light. - The prisoner was remanded, to permit enquiry to be made after the missing property.

Cutting and Wounding,

   A native shopman lately in the employ of a tradesman in the Fohkien road, was charged with cutting and wounding another shopman in the same employ.  The prisoner had been discharged for being idle, and thinking g the prosecutor had been tattling about him, and was really the cause of his dismissal, went up to his bedroom, where he was resting at three o'clock Thursday afternoon, and with a sharp knife cut him in the side, inflicting a wound an inch-and-a-half long an d a quarter of an  inch deep.  The weapon had been  ground to a sharp point, but luckily the edge only was used, or the consequences would have been much more serious.  As it was, the prosecutor lost much blood, and appeared in Court in so weakened a state that the Magistrate told him to sit down. - The prisoner was remanded, until the wounded man is better able  to appear to prosecute.

 

North China Herald, 2 September 1876

MIXED COURT.

Shanghai, August 28th.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

A Siamese Thief.

   A Siamese seaman was charged with stealing a bag of pepper found in his possession.  The theft was clearly proved, and prisoner was sentenced to three months' imprisonment.

Larceny.

   A well-known thief was charged on remand with stealing a pewter jug from a lodging house on the Yang-king-pang.  He slept at the house one night, and having no cash, was permitted to leave his fan as security for payment.  When leaving the house, he stole the jug, intending as he said to pawn it to raise the cash to pay for his lodging and redeem his fan, by was detected by a French policeman, with it in his possession, and taken into custody. - He was sentenced to three months' imprisonment.

August 29th.

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Stealing Wearing Apparel.

   A native was charged with entering the house of a foreigner, and stealing some clothing belonging to the houseboy, to the value of $7.  He was sentenced to receive 200 blows with the bamboo and to be cangued for two months.

 

The North China Herald, 9 September 1876

MIXED COURT.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

Charge of Extensive Embezzlement.

   WONG-JZE FU [Chinese characters], a shroff in the employ of the compradore of a foreign hong, was brought up on remand, charged with embezzling about $10,000.  His present explanation is that he lost it all through gambling, and he has given the names of seven or eight natives, with whom he alleged the gambling took place, and who, he says, won the money from him.  These are all to be summoned.  When the compradore discovered the serious defalcation, he absented himself in the city for some days, until the amount could be procured to satisfy the native bankers with whom he did business. - The case was again remanded, to a day to be fixed.

 

The North China Herald, 16 September 1876

MIXED COURT.

Shanghai, Sept. 11th.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

Embezzlement.

   An office-boy, employed at the Celestial Empire Office, was charged with embezzling $2.  He had received $5 to purchase postage stamps, expended $3, and kept the remaining $2.  When asked about it, he told several falsehoods, and exhibited his facility for lying even when questioned by the magistrate.  He was sentenced to a month's cangue.

The "Paper Man" Mania.

   Two natives, one of them the carpenter who was on Sunday morning supposed to have gone mad and run into the country, having been, as alleged, afflicted by the black cat and some paper men, was charged by the Municipal Police with creating a disturbance in the settlement, and also with threatening to assault the two men who were taken to the Louza Police Station for safety, as narrated in yesterday's N.C. daily News.  The carpenter appeared to have soon recovered his senses and returned home, for he was soon afterwards seen assisting in the neighbourhood of the Soongking road to find the black cat, or any man within 100b yards of his (prisoner's) house, the superstition being that a person so found is certain to be in league with the paper men!  Unluckily for the two prosecutors, one of them, the discharged solider, sleeping in an empty boat, and the other, drunk and asleep on a piece of waste land near, were discovered, and rather roughly conveyed to the carpenter's house, where, when the Police appeared, preparations were being made for binding them with ropes, though for what purpose did not appear. - Chen wanted to send the prisoners into the City to be dealt with by the Chehsien, but it was pointed out to him by the Assessor and the Superintendent of Police that such a step would be useless, ads the Chehsien would not punish, and had actually, in another case (reported below), not only refused to punish, but had accused the Municipal Police with conniving with a prosecutor to bring a false charge against a prisoner, and that the prosecutor in the case alluded to was in hourly fear of being himself arrested by the Chehsien for proceeding against the thief who had robbed him! - Upon this, Chen reluctantly consented to order the two prisoners to be cangued for a month, but insisted on the two prosecutors being sent into the Chesien's Yamen for further examination.  There being no help for it, the poor fellows were obliged to go, and what their treatment will be no one can foresee.

The Chesien's Interference with Justice.

   About three weeks ago, a respectable Chinese lodging-house keep in this Settlement, received as a lodger a man who described himself as a mandarin, and who had remained in the house for a short time only when articles of crockery, candlesticks, &c., began to be missed.  Suspicion fell upon the new lodger, and he was ultimately given into custody.  On his box being searched at the Police Station, several oaf the missing articles were found in it.  It being also proved that he really was a mandarin, the magistrate decided to send him into the city to be dealt with by the Chehsien.  On his arrival at the yamen, it was discovered that his father was an intimate friend of the Chesien.  Consequently, instead of being placed in a cell, he was appointed a room in the yamen, and treated with great luxury every day.  Since he has been there, the Chehsien has expressed his entire belief in his friend's innocence, and that the articles must have been placed in his box when at the police Station, with the connivance of the inspector for the purpose of enabling the prosecutor to prove his case! -

   The prosecutor to-day appeared in Court, to ask for protection, as he hourly dreaded to receive a warrant from the Chehsien to appear before him for examination. On this being explained to Chen, he demurred for some time having anything to do with the case, but ultimately said that the Chehsien had not as yet sent for the prosecutor; when he did so, then he (Chen) would interview him and explain matters.

Sept. 12th.

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

The "Paper Man" Mania Again.

   Two men were charged with causing a disturbance and attempting to assault another man, in the Woohoo road, early on Tuesday morning.  A constable patrolling the upper part of the Yang-king-pang, saw a man running from a large crowd, who were following him.  He stropped the man, and when the people came up, asked what he had been doing.  Two or three of the crowd said they were sure he was one of the men who were sending up "paper men," and that they wanted to inflect chastisement on him.  In order to satisfy them, the constable laid hold of the man, and asked those who had spoken to accompany him to the Police Station.  But the people behind were in such numbers, that, during the time this conversation had been going on, they had not only hemmed the constable and his charge in on all sides and torn the latter's clothes, but had pushed them on to the bank of the creek.  Seeing this, the man who had been pursued, and who was dreadfully frightened, suddenly broke away, plunged into the water, which was about waist deep, and ran into the French Settlement.  Here he was met by some French policemen, who had been attracted by the noise, and taken to the police Station.  Having stated what had happened to him, he was forwarded to the Louza Station, and inspector Wilson sent him out with a constable to endeavour to identify any of his assailants.  He recognised the two defendants, and they were at once apprehended.  One of these, he now stated, had enticed him from an opium shop to go with him, and when they had got him half-way down an alley, called out that he had found one of the "paper men" starters.  A great crowed quickly gathered, with the result above narrated.  - Chen sentenced this prisoner to a month's cangue, and as there was but little evidence against the other, dismissed him.

 

The North China Herald, 23 September 1876

MIXED COURT.

Shanghai, Sept. 18th.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

Robberies at the Shantung Road Fire.

   Among the numerous cases of theft detected at the above-named fire, two were of more than ordinary magnitude.  In one of these two thieves were charged with stealing clothing and money to a considerable amount, and the offence being clearly proved., the prisoners were sentenced to receive 100 blows each with the bamboo, and to be cangued for a month. - In the other case, in which the property stolen was of less amount, the thief was ordered 80 blows and a month's cangue.

House Robbery.

   An old offender was charged with stealing a piece of coke from the residence of a foreigner at the east end of the British Gaol.  About half-a-ton had been previously missed, and prisoner was caught by prosecutor in the act.  Prisoner must have climbed some high rails to get to the place where the coke was kept.  He was committed for trial.

Extensive Robbery.

   A native was charged with stealing $320, under the following circumstances:- Prisoner and a friend had come from Woochow to Soochow, for the purpose of selling bamboos.  They lived at the same lodging-house together.  The prosecutor sold $1,100 worth of bamboos and the prisoner only $500 worth.  One morning, about ten days ago, the prosecutor went out, having left the room in charge of the prisoner.  On his return, he found the prisoner had decamped, taking all his own property, and on his (prosecutor's) examining his box, he found it had been broken open and $320 abstracted.

   He thereupon consulted a fortune-teller, who told him that if he went due east he would recover his money.  He also consulted a friend, who, more practical than the fortune-teller, advised him to ascertain if a boat had been engaged from any of the boat-hongs to proceed to Shanghai.  He followed the latter's advice, and found that a boat had been engaged to proceed to Shanghai.  Shanghai being almost due east of Soochow, he resolved to follow both oracle and advice, and took the boat for Shanghai also.  He, however, failed to overtake the other boat, and could hear nothing of the delinquent until last Saturday, when he met him accidentally in the Settlement.  A conversation ensued, and at length prosecutor asked prisoner where his box was, intending to search it.  Prisoner said he had taken it on board a steamer going for Hankow.  The box was afterwards procured, and sent to the Police Station.  $94 in money were recovered, the remainder having been spent in purchasing a large quantity of  new clothes and dissipation.  The prisoner claimed to be a partner of the prosecutor, and the case was therefore adjourned for rehearing, Chen ordered the money recovered, and also the property found on prisoner, to be detained until the case is settled. - The Yamen runners, it is believed, will have a nice picking out of it.

 

The North China Herald, 30 September 1876

MIXED COURT.

Shanghai, Sept. 25th

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

Felony.

   A Ningpo man was charged with stealing three pieces of calico at the fire in Shantung Road, on the night of the 15th inst., and a native of Soochow was conjointly charged with receiving the property knowing it to have been stolen. The former was sentenced to 100 blows and two months' cangue, and the latter was committed for trial.

Sept. 26th.

Before the Chinese Magistrate CHEN.

Stealing Opium Pipes.

   An old thief, CHEN CHING-NUEH (Chinese characters), was charged with stealing eleven opium pipes from various places.  Sixty-two pawn papers were found upon him, twenty-seven being for opium pipes, only eleven of which, however, could be recovered, the remaining papers having gone out of date.  There was no doubt of his having stolen all the property named in the pawn-tickets. - Chen sentenced him to receive 200 blows with the bamboo, to be cangued for two months, and then to be deported to his native place, near Hangchow.

 

The North China Herald, 12 October 1876

MIXED COURT.

Shanghai, Oct. 10th

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Furious Driving.

   A maloo was charged with furiously driving a pony and trap on the Yang-king-pang, and upsetting a jinrikisha containing two foreigners, who sustained some injury.  The offence was proved, and he was ordered to receive 100 blows, and to be cangued for a week.

False Pretences.

   A native thief was found guilty of obtaining goods from a Chinese store, in the Honan Road, by means of a forged order.  He was sentenced to 100 blows, and to be cangued.

 

The North China Herald, 26 October 1876

MIXED COURT.

Shanghai, Oct. 24th

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Charge of Cutting and Wounding.

   A coolie, employed at the Canton road native theatre, was charged with cutting and wounding another coolie, belonging to the same establishment.  It appeared that both men were engaged chopping wood, that a dispute arose between them, and that the prisoner struck the other man on the head with his hatchet, inflicting severe wounds. - The prosecutor did not appear, and the prisoner wished to make it seem that the whole affair was the result of a lark! - It was stated that the prosecutor, after being wounded, was hastening to the hospital when he was overtaken by the proprietor or manager of the theatre, and induced not to go, and it was believed that the reason of his non-appearance in Court arose from similar influence being brought to bear upon him.  Rows and disturbances at this theatre during the early hours of the morning have, latterly, become frequent, and the presence of Municipal Police is often requested to preserve the peace, two or three native constables being sometimes required to act together, to the unavoidable neglect of duty elsewhere.  Not long since a man was sentenced to deportation for participation in one of these brawls; and in another recent affair, the servant of a public official was beaten. - The alleged proprietor of the theatre, being in Court, was called, but of course knew nothing of the actual circumstances of the present charge. - After consultation with the Assessor, Chen sentenced the accused, who had virtually admitted his guilt, to five days' imprisonment.

 

The North China Herald, 2 November 1876

MIXED COURT.

Shanghai, Oct. 26th.

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Assault at a Hospital.

   Two houseboys were charged with assaulting the second native doctor at the Shantung road Hospital, on Wednesday last.  It appears that the fact of the unfortunate woman who was stabbed at Pao-shan-jao having died in the hospital, had become known outside, and when the bearers of the coffin were taking it into the building, the two defendants tried to force their way in also.  They were resisted by the porter, whom they assaulted.  The complainant hearing the disturbance, went to see what was the matter, and was in his turn violently assaulted. - the charge being fully proved against both defendants, they were sentenced to receive 60 blows each with the bamboo.

Oct. 30th.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

Street Obstructions.

   Twelve carrying coolies were committed to gaol for one day each, for obstruction in the street, by walking on the pathway with their loads instead of on then roadway. - Eleven jinrikisha men were sentenced to two days', imprisonment each, for loitering and soliciting hire on the street.

Stealing a Coat.

   An old offender was charged with stealing a coat from a cook house in Kiamgsi Road.  He was detected walking away with the coat in his possession, and was handed over to the police.  He was sentenced to six months'' imprisonment.

Assault with a Chopper.

   A coolie was charged with assaulting another native with a chopper.  Prisoner was chopping wood in Fuhkien road, when a dispute arose between him and complainant.  Angry words passed between them, and ultimately prisoner struck complainant a blow on the face with a chopper, inflicting rather a serious wound.  The offence was proved, and prisoner ordered to receive 200 blows and to be cangued for 14 days.

 

The North China Herald, 1 December 1876

MIXED COURT

Shanghai, Nov. 23rd.

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Charge of Unlawful Detention of a Race Pony.

   CHOU TEEN KWEI, a dealer in griffins, who makes periodical visits to Shanghai from the North, was charged with Mr. C. H. Hutchings, with forcible taking possession of and unlawfully detaining a pony named Wild Whim, the property of the complainant.

   Mr. ROBINSON appeared in support of the charge, and Mr. H. BROUGHAM MILLER defended. - There was no interpreter engaged, and it was therefore difficult to catch the thread of the defendant's version of the case.

   Mr. ROBINSON, on opening, said this was a charge against Chou teen kwei, for forcibly taking possession of and unlawfully detaining a race pony named Wild Whim, belonging to Mr. Hutchings.  So far as could be understood, defendant was brought to Court the previous day, but Mr. Davenport, who was then sitting, declined to interfere because the complainant was an American, and the case was in consequence adjourned until to-day.

   The facts of the case were, that the pony was purchased by Mr. Hutchings on the 28th Aug.  last, from the defendant, and it had notoriously remained in his possession ever since.  It was trained by him, and entered by him to run  at the last Autumn Race Meeting; and it was not till after the races that defendant claimed anything from Mr. Hutchings.

   Mr. MILLER - Defendant knew beforehand what he thought he was going to receive.

   Mr. ROBINSON went on to say, defendant made no claim until after the races.  The pony was sold for Tls. 85, and on the 16th or 17th September, a payment of Tls. 20 was made on account.  As he had previously said, the pony had remained in Mr. Hutchings's possession ever since the sale in August; but on the 15th November, defendant published the following express:-

I, Chou teen Kwei, beg to notify the public generally not to deal with the pony Wild Whim, as it is my property, and I intend to enter an action of trover against Mr. C. H. Hutchings, in whose possession it now is, for the recovery of the same, in the U.S. Consulate-General.

Mr. Hutchings took no notice of the express, but awaited any course defendant chose to take.

   Mr. MILLER - I must contradict that; I say he has taken notice of it.

   Mr. ROBINSON said if Mr. Miller had any reply to make he could reply afterwards.  Yesterday morning, the pony was being exercised by Mr. Hutchings's mafoo, when defendant met him and forcibly took the pony from him.  But the pony was now understood to be in the possession of the Court, and his (Mr. Robinson's) application now was that it should be restored to Mr. Hutchings, who was its lawful owner.

   Mr. MILLER objected, and said if Mr. Hutchings was prosecuting the defendant, let him prosecute him; but do not ask for the pony to be given up first.

   Dr. YATES - Did defendant accept the Tls. 20?

   Mr. ROBINSON - Yes; it is a custom for these dealers not to take all the purchase money at one time, but to allow some to be kept back until they are ready to return to their own country.

   Dr. YATES - Has the balance of the Tls. 85 been tendered to him?

   Mr. ROBINSON - yes; I tendered it to him myself.

   Mr. MILLER - No money has been offered him.

   Mr. ROBINSON - I tendered him this cheque (produced) in my office; and that is as good as money.

   Mr. MILLER - A cheque is not money, though.

   Dr. YATES -It is considered very good money here.

   Mr. MILLER - I shall want to know how he got into Mr. Robinson's office, as he is my client.

   Dr. YATES said the case must be allowed to proceed regularly.  Proceedings in the Mixed Court were differently conducted to what they were in other Courts, and a straight-forward story must be interpreted to the Magistrate.

   Mr. MILLER - The defendant is brought here on a charge of forcible taking possession and unlawfully detaining, and I say he ought to be prosecuted  upon that charge, before it is asked for the pony to be given up.

   Mr. ROBINSON said the point upon which Mr. Miller was harping, was perfectly immaterial to the case.  The case is brought by an American against a Chinaman for taking possession of and detaining his property, and we now ask for an order of the Court for the restitution of that property.  If this is not done, we shall have Chinamen taking forcible possession of anything they may fancy they have a claim to, and shall all have to come to the Mixed Court in this way.  The express threatened an action of trover, but not a single step has been taken since, and the express was published on the 15th November.

   Dr. YATES said the case must be represented to the magistrate, and he would decide to whom the pony belongs.

   Mr. ROBINSON - he will not have to decide the ownership of the pony - it belongs to Mr. Hutchings.  The magistrate will simply order that it shall be given up.  If the defendant has any claim against Mr. Hutchings, it cannot be settled here; it must be taken before the American Consul-General.

   Dr. YATES now interpreted the facts of the case, so far as it had proceeded, to the magistrate.

   Mr. MILLER - Mr. Robinson should tell you something about the Tls. 500 Mr. Hutchings promised my client.

   Dr. YATES -We do not want any more argument.  We know the facts now - that is, all the facts that we can deal with here.

   The MAGISTRATE then proceeded to question the defendant, who entered into a long statement in Chinese, which was not interpreted.  At its conclusion,

   Mr. ROBINSON said he did not understand a word of what had been said, but if it had reference to any claim against Mr. Hutchings, it must be preferred before the American Consul-General.

   Dr. YATES explained that it had reference to the sale of the pony, and then asked if the sale was a bona fide one?

   Mr. HUTCHINGS replied yes, the purchase-money being Tls. 85; but he promised, if the pony won the Maiden Stakes, that he would give him Tls. 500.  The pony did not win the Maidens', but he (Mt. Hutchings) liked the animal, and told defendant he would pay him something as a cumshaw all the same.  Defendant had, however, been put up by somebody to try to get more, which had led to what he had done.  Defendant was really entitled only to the balance of the Tls. 85 - Tls. 65.

   The defendant had meanwhile kept up a running talk to the magistrate, and

   Dr. YATES said he was telling the Magistrate that the pony did win the Maidens, and that he did not sell the pony.

   Mr. HUTCHINGS said the pony only ran third for the maidens, but it won an outside race.

   Dr. YATES  said the Magistrate wished to know, if when the parties bargained for the sale of the pony, defendant was to receive only Tls. 85?

   Mr. ROBINSON said yes.  Another pony was also sold at that price, but it had nothing to do with this one.

   Dr. YATES - In cases here, the Magistrate likes to have plenty of evidence; where is the evidence that it was an actual  sale?

   Mr. HUTCHINGS - my boy, who made the bargain with the defendant.  I did not think all this would have to be gone into now, or I would have had him here. (A document had previously been submitted to the Court, which was understood to contain the conditions of sale.)

   Mr. MILLER said the express before-mentioned was issued on the 15th instant, and there being no attempt as a settlement since on the part of Mr. Hutchings, the defendant considered the pony was still his property, and when he met the pony in the street on the 21st, he took possession of it without any more bother.

   Dr. YATES - These are points we have nothing to do with yet.  The Magistrate must have evidence as to the sale.

   Another Chinaman, apparently connected with the defendant, also made a statement in Chinese.

   Mr. ROBINSON said if these men were speaking the truth, why did they not, after threatening to bring an action in the American Consulate?

   Dr. YATES asked if the other pony spoken of was paid for?

   Mr. ROBINSON replied yes, in two or three days after the sale, by cheque.  It was found to be worthless as a race pony, and was sold at auction for Tls. 45, Mr. Hutchings losing the difference.

   Dr YATES and the Magistrate conferred together for some minutes, and afterwards

   Dr. YATES said the magistrate was satisfied it was a bona fide sale, adding that the defendant laid claim to Tls. 500 because the pony did win a race, although it did not win the Maidens'.

   Mr. ROBINSON - That has nothing to do with the ownership of the pony.  Mr. Hutchings, having got a good pony, was disposed to be generous to the defendant, and promised him a cumshaw; but now, having been put to so much trouble, and to the expense of from Tls. 150 to Tls. 170, he declined to give him anything.

   Dr. YATES remarked that they had better try to settle the case here, as it would cost something considerable to take it elsewhere.

   Mr. HUTCHINGS stated that he had bought three other ponies of the defendant on the same terms as this one - a promise to give him a cumshaw if one of them won the Griffins' Stakes, at the next Spring Meeting.  It was not an unusual thing to do.  He had altogether, at different times bought twenty ponies of him.  He did not blame the defendant so much for the action he was now taking, as he did some others, though he did not know who they were.  But he was disposed to be liberal to defendant now, and would pay him the cumshaw agreed upon, on the condition that all expenses were paid out of it, and that defendant would sign a document stating that what he had published in the express was untrue.  He (Mr. Hutchings)  had yet to ascertain - and meant to do it - who the parties were who had been inciting him on.  There were Tls. 415 to come to him, and if he would consent to pay all expenses, he (Mr. Hutchings) would pay him the difference?

   Dr. YATES interpreted this offer to the magistrate, who asked what would be the amount of expenses?

   Mr. ROBINSON said he should think about Tls. 150 or Tls. 160.

   Mr. MILLER objected to such a settlement being made.

   Mr. ROBINSON thought it was a very liberal offer.  He had told defendant that Mr. Hutchings would not now give him a cash.

   Dr. YATES - I think it is a very liberal offer indeed.

   Mr. ROBINSON - He would receive as a cumshaw about Tls. 255, after all expenses are paid.

   Dr. YATES - Where is the pony now?

   Mr. HUTCHINGS said it was held by Mr. Mawhood under an order from the Court, as was understood; but he had disputed it all along, and denied Mr. Mawhood's power to hold it.

   Mr. MILLER - You can get it in a moment, if you like, after the case is settled.

   Dr. YATES said the Court was of opinion that there was not the least doubt it was a sale, in the way such sales were sometimes made.

   Defendant, to whom the proposed settlement had been explained, and the previously rejected cheque for Tls. 65, again tendered, now showed an un willingness to accept either.

   Mr. HUTCHINGS said whether he accepted or not, the pony ought to be given over to Mr. Hutchings at once.

   Mr. ROBINSON might say that the other day defendant refused a cheque for Tls. 300 in settlement of his supposed claim, at which time the expenses only amounted to about Tls. 50 or Tls. 60.  He did not know the reason why defendant had refused that cheque, and never could understand it.

   Mr. MILLER - How is it that the expenses have run up so much in a couple of days, this is only the 23rd November.

   Dr. YATES - That is not a question for us.

   Mr. MILLER - But who will settle it?

   Mr. ROBINSON - I will settle it.

   Mr. MILLER - No, you cannot settle it.  If the bill of costs has run up so much, I should like to know how.

   Dr. YATES repeated that this Court had nothing to do with that.  He thought Mr. Hutchings had been very liberal indeed, as he knew it was a very ordinary way of purchasing a pony here.  If it failed, there was nothing given beyond the purchase money.  The other pony failed, and there was no claim made; but now this animal had been well trained and proved a good one, defendant wanted a very large cumshaw, and he (Dr. Yates) thought Tls. 250 would be a very large cumshaw.

   Mr. ROBINSON made a calculation, and said that that was the sum to be paid to defendant, after paying expenses, if he would accept it.

   Mr. MILLER said they would give up the pony, but there was some doubt as to his client accepting those terms.

   Dr. YATES thought it would be the fairest way to settle the case, and Mr. Miller would do well to try and induce the defendant to accept Mt. Hutchings's offer.

   Ultimately defendant consented to take the cheque for Tls. 65, balance of the actual purchase=-money, leaving the cumshaw still an open question.

   Mr. ROBINSON asked that the court would write an order to Mr. Mawhood to give up the pony to Mr. Hutchings; because he (Mr. Mawhood) thought he was holding the pony for the Court.  When the defendant came into his office, and signed a paper contradicting the statement he had published in the express, he would hand him a cheque for the balance of the cumshaw.

   Mr. HUTCHINGS - But I should like it to be explained to defendant, that if this goes any further, I shall withdraw the cumshaw altogether, and not pay him any more than the Tls. 65.

Nov. 27th.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

Daring Robbery from a House.

   A native, resident in Sinza village, was charged with violently entering and robbing a house a short distance from the above-named village. - The prosecutor, who is a gardener in the employ of a foreigner, stated that about three o'clock on the morning of the 18th instant, two men forced open the door of his house from the outside.  One of them entered, and threw some things that sounded, like knives or swords upon the table.  The other man remained outside.  There was just light enough coming through the open door to permit their actions to be observed.  Other voices were heard outside the house, and prosecutor believing there were a number of men engaged in the robbery, and being further frightened by what he took to be the sound of arms thrown on the table, remained quirt in bed, as also did his wife and children.  The man inside the house did not strike a light, but began groping about until he came to a reed screen which divided the apartment in two parts.  This he tore open, and creeping through the hole ha had made, ultimately came upon a box in which the family's clothing was kept.  This he broke open, took out some skin and cloth clothes, and then quietly withdrew, also taking the arms that were on the table with him. 

   After waiting time enough for the robbers to obtain a wide berth, prosecutor got up and made an alarm; and on examining his box found that clothing to the value of $30 had been stolen.  He gave information to the Police, and two or three days afterwards the prisoner was apprehended, wearing a skin jacket the property of prosecutor.  On being questioned, he said he bought it of a coolie in Sinza road, but his after statements being contradictorily, he was detained and eventually confessed that he was the robber.  He also gave the name of the man who was watching outside.  This man cannot be found, and it is supposed he has absconded.  The remainder of the stolen property was found in prisoner's cousin's house, also in the village.  Prisoner had been out of employ for some time. - The Magistrate considered the case a very serious one, and  sentenced the prisoner to receive 40 blows with the heavy bamboo, to be  cangued for three months, and afterwards to be imprisoned for three months.

Street Annoyance

   Eight coolies, employed on the Hongkew Wharfs and neighbourhood, were charged with causing an annoyance by uttering loud cries while at their work.  The nuisance has latterly greatly increased, and the defendant s were brought up  as a warning to others. - sentenced to one day's imprisonment each.

Theft.

   A chair coolie, in the employ of a native silk merchant in the Hankow road, was charged with stealing $2, and a large quantity of silver hair ornaments, &c., from a house in the Nanking road, at which he was on visiting terms.  He got off with his booty without being discovered, but was afterwards met by the owner and given into custody.  He denied his guilty, but circumstances clearly showed him to be the thief. - Sentenced to 200   blows and a month's cangue.

 

The North China Herald, 7 December 1876

MIXED COURT.

Shanghai, Nov. 30th.

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Robbery from a Ship.

   A coolie in the employ of the stevedore of the barque Union, was charged with being concerned in stealing four sheets of copper and a large iron ring-bolt for that vessel.   The evidence showed that the lazarette had been broken open and the property abstracted.  On Wednesday morning, the stevedore saw the prisoner going ashore, and noticing that he had something bulky under his clothes, stopped and searched him, finding one of the sheets of copper.  This led to an inspection of the stock in the lazarette, when three other sheets were missed. - Prisoner was sentenced to 100 blows and to be cangued for a month.

Street Gambling.

   A native, who has given the police considerable trouble, was charged with using a gambling table in public thoroughfares.  Prisoner's plan was to come out after nightfall, and set up as table, employing spies to inform him when a constable was approaching, when he would hastily decamp elsewhere.   On Wednesday night, however, he was suddenly pounced upon in the Canton road, and made prisoner while engaged in a game.  Sentenced to one month's cangue.

Dec. 2nd.

Before the Chinese Magistrate CHEN, and J. HAAS, Deputy U.S. Assessor.

House Robbery.

   A native was charged with stealing $37 and a pair of Gold earrings, from a house of entertainment in the Foochow road, - Prisoner was handed over to be dealt with by the canton Guild.

Obstructing Footpath.

   A coolie was sentenced to one day's imprisonment, for obstructing footpath by carrying his burden there, contrary to regulations.

Counterfeit (or small) Cash.

   A native was charged with having in his possession 25,000 counterfeit (or small) cash, intended for circulation.  It appearing that large numbers of small cash are getting into circulation, whereby serious loss is caused to poor people, the magistrate inflicted the sentence of 100 blows with the bamboo, the prisoner afterwards to undergo a month's cangue.

Attempted felo de se.

   A coolie was charged with attempting to commit suicide, when in a sane state of mind.  It appears he went into an opium shop to smoke, and that while there an oil-lamp was overset, some of the oil flowing over the sleeve of his jacket.  He applied to the shopkeeper for a new one, which was refused, and he then left the place.  Some time afterwards he returned, and procuring some more opium, deliberately swallowed it in a spirit of revenge, knowing the trouble that would have been brought upon the shopkeeper, by his death taking place on the premises.  The act was, however, discovered in time, and the fellow removed to the Shantung road Hospital, where restoratives were successfully administered. - The magistrate sentenced him to receive 200 blows with the bamboo.

Dec. 5th.

The Attempted Suicide. [This connected with the Woosung

   Inspector FOWLER stated that he had made equities into the truthfulness of the prisoner's statements on the preceding day, and found them to be false.  He had no sister living in Hongkew, neither was there any trace at his lodgings of any paper offering him $300 to go upon the railway.  He (the Inspector) had, however, found a man with whom the prisoner had been working for two months, making a kind of fuel used by the Chinese in their stoves.

   This man was called, and stated that the man had been missing for four or five days, and for a fortnight previous had conducted himself strangely.  He wished to take the man away with him.

   This, however, could not be permitted in the poor fellow's deranged state, and he was ordered to be taken care of by the Police for a time.

5th Dec.

Before the Chinese Magistrate CHEN, and A. DAVENPORT, Esq., British Assessor.

The Woosung Disturbances.

Very detailed evidence; not transcribed.  See

Before the Chinese Magistrate CHEN, and Dr. YATES, U.S. Assessor.

Theft from a Steamer.

   A native was charged with stealing ginseng, to the value of Tls. 30, from one of the coasting steamers.  The case was proved, and prisoner was sentenced to receive 200 blows, and to be cangues till the end of the Chinese year.

Obstructing Footways.

   Seventeen coolies were charged with obstructing the public footways, by carrying their burdens upon them.  The offences were committed on Monday last, when the rain having made the road muddy the defendants took to the footpaths, - an offence latterly becoming common among their class and causing great annoyance. - They were sentenced to none day's imprisonment each.

Robbery in a Bath-house.

   A native was charged with stealing wearing apparel from a bath-house in the Ningpo road.  It appeared that the prisoner and the prosecutor, with whom he was unacquainted, happened to go into the bath-house at the same time.  Prisoner, who was very badly dressed, saw into which box the prosecutor put his clothing, which was in much better condition, and while he was bathing took the opportunity to make a complete exchange and for a time got clear off, taking his own clothes with him.  On proceeding to dress, prosecutor of course at ones missed his apparel, and gave an alarm.  The bath-keeper, after supplying him with one or two necessary articles, went in search of the prisoner, and came up with him at the Mixed Court gate, wearing prosecutor's clothing, and still carrying his own; he gave him into the custody of the runners, and he was brought up this morning. -sentenced to receive 100 blows, and to be cangued for fourteen days.

 

The North China Herald, 21 December 1876

MIXED COURT

Shanghai, Dec. 15th

Before the Chinese Magistrate CHEN, and W. D. SPENCE, Esq., Act. Brit. Ass.

House Robbery.

   Two natives were charges with breaking into the house, No. 259 canton Road, and stealing therefrom a bed, an umbrella, and several articles of wearing apparel.  The prisoners watched the prosecutor leave the house, and lock the door after him.  They afterwards forced the lock and gained an entrance. - Sentenced each to receive 100 blows, and to be imprisoned for three months.

Dec. 18th.

House Robbery.

   A native was charges with stealing a cotton quilt from a native house in the Fohkien road. - Sentenced to three months' hard labour.

Larceny.

   A native as brought up on a charge of stealing a brass pipe and tobacco box, from a house in the City.  He was apprehended in the Settlement, with the articles in his possession. - sentenced to receive sixty blows with the bamboo.

The Charge of Wounding a Pony.

   This case, which had been adjourned for the production of the man implicated by the first accused, was again called on. - The tepao of the district said he had made search for the man, but could not find him, and it was supposed he had run away. - There was no evidence forthcoming as to who really inflected the wound. - Mr. Silverthorne, to whom the pony belonged, said if the people in the neighbourhood were cautioned that they must not do such things in future, he would be satisfied. - The magistrate on this being interpreted to him, told the accused that it was  a very wring act, whoever did it; and he also told the tepao that he would be held responsible of anything of the kind occurred again bin his district. - The prisoner was then discharged.

Stealing Lead from the roof of the Club.

   A Ningpo man was charged with stealing 58-lbs of lead from the roof of the Shanghai Club.  The evidence showed that the prisoner went into the building carrying some plumber's tools in his hand.  On one of the house boys asking him what he wanted, he said he had been sent to make some repairs to the roof, and was consequently permitted to go up stairs and so obtain access to the roof.  The boy, however, made enquiries as to the truth of the prisoner's assertion, which led to the discovery that the prisoner had told a falsehood, and that he had been busily engaged stripping a portion of the lead off the roof.  This he had rolled up in three parcels and concealed under his clothes, where it was afterwards found.  Sentenced to receive 200 blows, and to be cangued for three months outside the Club.

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