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Colonial Cases

Mixed Court 1879

The North China Herald, 10 January 1879

SUMMARY OF NEWS.

   A marked illustration of the similarity of Chinese Guilds to some Trades' Unions in England has been given in a case which was investigated Tuesday at the Mixed Court, before the Chinese Magistrate Chen and Dr. Macgowan, United States Assessor.  Carrying on the trade of a carpenter in Hongkew is a Cantonese named  [Chinese Characters], known among foreigners by the name of Ah Cutem; and  for some time past, we understand,  he and his two brothers have been working at Messrs. Boyd & Co.'s works at Pootung.  It is the custom of the Cantonese Carpenters' Guild for each member to pay a contribution equal to 20 per cent of his earnings, and all Cantonese carpenters are expected to join the Guild.  But Ah Cutem, working almost exclusively for foreigners, refused to join the combination, and in consequence he has been subjected to much annoyance by the leading members, who demanded of him the payment of $30, and also $30 from each of his two brothers.  They all objected to pay.

   The carpenters' society is subordinate to the general Cantonese Guild, which ultimately took the matter in hand; and a few days ago a warrant was issued by the District Magistrate in the City for the apprehension of Ah Cutem to compel payment of his subscription, or "natty" as it is called in England, to his trade society.  Before the warrant could be executed, Ah Cutem being a resident in Hongkew, it had to be signed by the United States Consul, which Was done by H. D. Bailey, Esq., on the understanding that before Ah Cutem was  sent into the city he was to have a trial at the Mixed Court.

   He was arrested the day before New Year's day, and gave security for his appearance at the Mixed Court Tuesday, when the case was investigated.  Messrs. Roberts and J. Riach, from Boyd & Co.'s, appeared and explained that the case was one seriously affecting foreign employers of Chinese labour, and asked the Court to protect Ah Cutem from the extortion which the Guild seemed determined to exercise. 

   The foregoing facts having been elicited, Dr. Macgowan explained to the Chinese Magistrate that guilds, conducted as appeared to be the case in this instance, were oppressive and detrimental to the progress of trade, for like some  Trades Unions in western countries they put the indolent, unskilful and opium-smoking operators on an equality with the industrious, careful and ambition workman.  Ah Cutem and his brothers belonged to this latter class, and were anxious to be allowed to pursue their avocation independent of the Guild, and he thought it was only proper that they should be allowed to do so.  He expressed the belief that the District Magistrate had not been informed of all the circumstances of the case when he issued the warrant, and thought that under the circumstances he would approve of the man being released. 

   Chen, the Chinese Magistrate, acquiesced in the view expressed by the Assessor, and Ah Cutem was accordingly released.  Mr. Riach applied for him to be protected by the police from further molestation, and instructions were given by the Court that if he were subjected to any more annoyance he was to make a formal complaint against the offender, and it would be duly considered.

 

The North China Herald, 17 January 1879

SUMMARY OF NEWS.

[MIXED COURT.]

   Tuesday, at the Mixed Court, two proprietors of a gambling house in Hongkew, were ordered to be bambooed, to undergo a year's imprisonment, and afterwards to be deported.

   Two boatmen, charged by the river police with throwing mud into the Hwangpo, were ordered to pay a fine of ten dollars.

...

   An impudent attempt at extortion has just been brought to our notice.  A well-to-do Chinese woman was stopped in the Foochow Road on Friday last by a native who represented himself to be a broker.  He claimed acquaintanceship, and asked her to lend him $20.  She failed to recognise him and told him so, but he still continued to importune her and told her if she did not pay the money he would have her arrested.  She ridiculed his impudence, and he  went away declaring vengeance.  Shortly afterwards he appeared at the Mixed Court and represented that the woman was his second wife, and that she had left him taking away property of the value of about $250.  Credence was placed in his statement, and a warrant was granted for the woman's apprehension.  It was afterwards signed by Mr. C. F. R. Allen, the British Assessor, and handed over to Inspector Wilson, of the Louza Police Station, for execution.

   The woman was apprehended and taken to the Police Station, where she denied all knowledge of the man who claimed her as his wife, and on enquiries being made her statements were found to be true.  Bail was accepted for her appearance in Court on Monday last, when the whole thing was explained to be an attempt to extort money from her under fear of arrest, and she was liberated. An application that her persecutor should be punished was discountenanced by the Chinese Magistrate.

   The man has not lived long in Shanghai, and it is thought he was ignorant of the fact that the warrant would be executed under foreign supervision, otherwise it would not have been difficult for his roguery to have succeeded.

 

The North China Herald, 17 January 1879

MIXED COURT.

Shanghai, 10th Jan.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq. British Assessor.

Systematic Felonies.

   Two well-known native thieves were brought up in the custody of the Municipal police on five different charges of felony.  It appeared from the evidence adduced that prisoners were in the habit of frequenting the opium shops attended by well-to-do Chinese, and taking advantage of somnolent smokers, they walked off with coats or any valuables they could get into their possession.  In this way prisoners have made a lucrative livelihood for some months past.  It was proved that they had recently pawned five valuable skin coats, and other charges have been brought against them.  One of them was sentenced to two years' imprisonment, and the other to one year's imprisonment,

 

The North China Herald, 24 January 1879

SUMMARY OF NEWS.

   The proverbial ingratitude of the Chinese has again been strikingly exemplified in a case which came before Chen and Mr. J. Haas, Austrian Assessor, at the Mixed Court, on Saturday.  Among the twelve native prisoners liberated on Thursday last, in accordance with the New-Year custom, was a Ningpo man who had been imprisoned for stealing a bust of Pius IX;  and on leaving gaol he seems to have gone straightway to the premises of Mr. Saunders, photographer, Hongkew.  A short after he left there it was discovered that two coats had been stolen.  His whereabouts were soon ascertained, and, having the coats in his possession, he was marched back to gaol, having been away only two hours.  Chen was wrathful at the prisoner's rascality, and sentenced him to receive one hundred blows, and to be imprisoned for twelve months.  The case is worthy of prominence as affording another illustration of the mistaken policy pursued in regard to criminals, and should claim the serious consideration of persons who are inclined to believe that clemency is in any degree appreciated by the Chinese.

...

Another daring attempt to extort money under false pretences came before the Mixed Court on Monday.  The details of the case illustrate a phase of Chinese life repulsive to Western ideas, but revealing, as they do, the history of a girl's matrimonial career, they will doubtless be read with interest.

   Six years ago a native of Soochow, represented as being in comfortable circumstances, was engaged to marry a girl seventeen years of age.  Both parties then resided in Soochow, and the marriage was to be celebrated at their parents' shrine, the usual marriage arrangements being made and the day fixed for the ceremony.  But at the eleventh hour the girl expressed her dislike of her lover, who, however, declined to assent to a compromise and insisted on his rights.  The girl resolutely refused to marry him, and clandestinely escaped to Shanghai.  He followed her, and soon discovered her whereabouts, whereupon he had her apprehended and taken before the Nixed Court.

   The Magistrate ruled that she must return to Soochow and fulfil the contract she had entered into.  Still she defied her lover, and in this extremity, to make the best of what was apparently to him a bad bargain, he sold her for $200 to a woman, living in the French Concession, and retuned to Soochow.  The girl stayed with her new mother only a few months, when she was married to a Shanghai man, who paid $200 down to obtain her freedom.  After being married a little over two years her husband died, and since that time she has been living under the protection of one of his friends.  A few days ago her original would-be husband appeared again on the scene and obtained, at the Mixed Court; a warrant for her arrest, and representing that she had ran away from him at Soochow.  The warrantor was signed by Mr. C. F. R. Allen, the British Assessor, and handed over to Inspector Wilson, of the Louza Police Station, to be executed.  The girl w as arrested and taken to the Police Station, where she described her carer as above narrated.  Inspector Wilson tested the truthfulness of her statement, and at the Mixed Court he produced the documents of each transaction under which she had changed owners, and represented that the case was a dastardly attempt to squeeze her, the man having lost all claim to her when he sold her at the time she refused to marry him.

   Mr. Allen, who was sitting with Chen, said he preferred not to interfere in this class of case, and left it to Chen.  When the man on whose complaint the woman had been arrested was called, he failed to appear, and Chen, under the circumstances, said he would further investigate the matter, and, if he found it to be an attempt to extort money from the woman, he would have the man punished.

 

The North China Herald, 24 January 1879

MIXED COURT.

Shanghai, 15th Jan.

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

   At the request of the Chinese Magistrate, and on the recommendation of Mr. Penfold, a number of prisoners were released.  It is the custom to select a number of prisoners at the close of each year, who are thought worthy of pardon. - The cook of an American vessel was allowed to commute his further imprisonment by a fine and deportation.

18th Jan.

Before the Chinese Magistrate CHEN, and J. HAAS, Esq., Austrian Assessor.

Theft of 600 Cash.

   A Ningpo man, unknown to the police, was sent to gaol for three months for stealing 600 Cash.  While passing, he snatched the cash from the counter of a shop, being, as he said, anxious to go to his Home for the New Year festivities, and he had no money to pay his passage.  When he got the cash into his possession he ran away and was chased by the shopman.  During the race the cash fell gradually  from the strings, and he had lost all when arrested.

Impropriety and Assault.

   A powerful-looking Canton man was charged with an assault.  The troupe of Japanese acrobats who performed at the Lyceum Theatre a short time ago, are staying in a house on the Soochow Creek, and some Chinese were seen behaving improperly towards one of the girls.  The offence was witnessed by a Japanese man, who interposed, whereupon the offenders ran away and concealed themselves in a godown of which defendant had charge.  He refused  to allow search to be made for them, and assaulted the Japanese, scratching his face.  Both Chen and the Assessor regarded the case as one of a grave nature, and imposed a fine of $50, half of which is to be given to the Hospital.

A Would-be Thief.

   A youth, sixteen tears of age, in the service of Messrs. Fonseca and Silva, was charged with attempting to open the safe in their office.  He secretly obtained what he supposed was the key.  Failing to open the safe with it, he knocked off the guard over the lock, which he thought prevented the key working, but instead it led to the discovery of his dishonest intentions.  He had no defence to offer, and was  sentenced to receive one hundred blows and to be imprisoned for one year.,

20th Jan.

Before the Chinese Magistrate CHEN, and Mr. C. F. R. ALLEN, British Assessor.

'Disputed Contract.

  A week ago a case was heard in which a native building contractor sought to recover Tls. 800 from Kum Allum, a merchant and commission agent.  From Kum Allum's statement it appears that he entered into a contract with the plaintiff, who was to erect on land belonging to him (defendant) in the Chefoo Road, a row of about twenty houses for Tls. 1,1290.  He paid Tls. 1,000 on account, and was willing to pay the balance when the houses were finished.  But plaintiff alleged that he had erected more houses than was stipulated for in the contract, and for which he now claimed the Tls. 600.  Kum Allum denied this statement, and alleged that the plaintiff had not performed his contract, and as soon as he had done so he was willing to pay him.

   The COURT, after hearing some evidence, ordered Kum Allum to pay Tls. 300 before the Chinese New Year and Tls. 120 subsequently.

   KUM ALLUM says he complained that his witnesses had not been heard by the magistrate and claimed to be a British subject, but as he could not produce his registration paper for the year 1878, the Assessor refused to recognise him, and told him he must conform to the decision of the Court.

   After the proceedings at the Court, Kun Allum registered himself at the British Consulate, and when payment of the claim was demanded by the Mixed Court runners he refused to pay, claiming to be a British subject, and he explained to them that the contractor, to get the money, would have to take proceedings against him in the Supreme Court.  The result of his refusal to pay was that the contractor and his men on Saturday commenced to pull down the doors and windows of the hoses they had erected, and when Kum Allum made his appearance they forced him to the ground by his queue and otherwise ill-used him.  The contractor and three of his men were taken into custody by the police, and this charge against them was investigated to-say, and resulted in the contractor, who was described as the instigator of the attack, being fined $20.

   KUM ALLUM  expressed dissatisfaction at the decision, and again appealed to the Assessor for protection.

   The ASSESSOR informed him that as he was not registered as a British subject until after the action was brought against him by the contractor, he would have to conform to the judgment of the Court; but in regard to the case of assault, he was recognised as a British subject.

   KUM ALLUM has informed us that he is a native of Singapore, and that he has registered every year at the British Consulate at Shanghai from 18765 to 1877, but he inadvertently omitted to register for 1878.

 

The North China Herald, 7 February 1879

SUMMARY OF NEWS.

      A native of Shanghai, who has been a constant source of trouble to the police during the last three years, was rather severely dealt with at the Mixed Court on Saturday.  He is a young man of twenty-five years of age, and is the son of an old and respected gardener in foreign employ, whom he reduced to impecuniositiy, and then commenced to purloin property belonging to him and his employers.  Five or six cases of theft were proved against him at the Mixed Court and he was sentenced to six months' imprisonment.  When liberated he returned to his father, and, promising reformation, was again admitted to the family circle; but soon afterwards he stole a bird and cage and  some flower pots belonging to his father's employer, and was committed to gaol were twelve months.  This was in June last, and in August he escaped from the Police Station by breaking off the lock of the yard gate, taking with him four new blankets and three pairs of prisoners' trousers.  Four days afterwards he was captured and sentenced to a further term of three months' imprisonment to take effect at the end of his previous sentence.  At the commencement of the year he became ill, and on the 15th January was sent to the Gutzlaff Hospital, and in the usual way was secured to the bedstead by means of a thick chain.  A week in the Hospital was sufficient to cure his sickness, and on the 21st he effected his escape by cutting the chain which fastened him to the bed by filing it with pieces of a broken basin, an operation which occupied him, according to his own admission, fourteen hours.  Five days afterwards he was captured again, and on Saturday at the Mixed Court, for his last diversion, he was sentenced by Chen to receive four hundred blows and to undergo three years' imprisonment.

 

The North China Herald, 7 February 1879

MIXED COURT.

Shanghai, 27th Jan.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

Charge against a Policeman.

   A native police constable was charged on remand with inciting a foreign child, about five years of age, to indecency, in the Public Gardens, on the 16th inst.  The father of the child appeared and stated that he found his son in the Public Gardens with his trousers disordered, and when subsequently questioned the boy explained that the state in which he was found was the result of the prisoner's conduct.  Prisoner indignantly denied any impropriety on his part, and the evidence of the Japanese amah, who was in charge of the children at the time, tended to exonerate him from blame. 

   The case was considered proved, and prisoner was sentenced to receive 1200 blows and to be imprisoned for three months.

An Impudent Theft.

   For stealing an umbrella and an opium pipe from the house of a native broker, in the Tientsin road, a well-known Ningpo thief was sentenced to receive 100 blows and to be cangued for three months.  While the broker's wife was partaking of her mid-day mean in a back room, prisoner walked into the room opening into the street and possessed himself of the umbrella and pipe, but in leaving the house he made a noise which led to his detection, and he was handed over to the police.  He had been several times in gaol, and not long ago he was deported to his native place, with strict instructions, of course, never to return to Shanghai again.

28th January.

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

   Eleven persons were separately charged with gambling in the Canton Road on the day after New Year's day.  Before they were apprehended each one was cautioned by the police, but they took no notice of the warning.  They were each sentenced to a week's imprisonment.

...

The other cases disposed of were unworthy of notice Dr. Macgowan, the Assessor, took occasion to remark on the evidence which this state of the calendar afforded of the law-abiding character of the people among whom we reside.  Some cities, he said, boasting of a more advanced civilisation needed to have their police forces increased at holiday times, while in Shanghai during  seven successive days of holiday, the usual number of police had but little extra to do.

29th Jan.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

A Determined Thief.

   A native of Pootung was charged with entering the dining-room of the Comptoir d'Escompte de Paris on the previous night, for an unlawful purpose.  Shortly after midnight hew was found in the dining-room by one of the foreign employees in the Bank, and when questioned he admitted that he was there with the intention to commit a felony, and he also acknowledged that a  day or two before he stole some clothing belonging to one of the coolies employed there.  He repeated these admissions before the Court, and was sentenced to one year's imprisonment.  Formerly prisoner was temporarily employed as a coolie at the Bank, and in June last he purloined a case containing about sixty sample dollars and decamped into the country.  He was captured by the Police, and was sent to gaol for nine months, bur after serving a little over two months of his sentence he was released on account of sickness.

30th Jan.

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

   A foreigner charged his mafoo with stealing a blanket.  The offence was proved, and the thief was sentenced to one month's imprisonment, which at the intervention of the prosecutor was reduced to two weeks.

...

   A rioter, who with the cook of an American vessel had been imprisoned, petitioned through his friends to have his punishment commuted to a fine and  deportation, on the ground that the chief culprit, the aforenamed cook had been released on the same conditions.  Petitioner was accordingly fined $25 and to be deported.

...

   Sung Ta-lung petitioned for release from prison on the ground that he was dangerously ill, and that his friends had subscribed a small sum of money to meet his liabilities.  He owed a foreigner 3,800 taels, and a much larger amount to natives.  Four hundred and fifty taels had been subscribed as an offering to the creditors.  His bankruptcy, which occurred about two years ago, was a fraudulent one, he having obtained goods on false pretences and then absconding to Soochow.  However, as there does not seem any prospect of any more money, the foreign claimant assented to his discharge, receiving one-half of the money collected, the District Magistrate claiming the other half for Chinese creditors.

3rd Feb.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

Embezzlement.

   A shroff, in foreign employ, was charged with embezzling $143.  In the usual way bills were given to him to collect.  When asked if he had received the money, he represented that he had not, his excuse, as a rule, being that "the master was out" or "he had left the bill with the boy."  When enquiries were made, it was found that he had collected the various bills and appropriated the money to his own use.  His defalcations, as far as had been ascertained, amounted to $143.  Information was given to the police, and prisoner was arrested on Saturday as he was taking his departure with his wife and family by the Kiangleen to Ningpo.  He admitted having misappropriated the money, and he was ordered to be imprisoned until it was repaid to his master.

More Embezzlement.

   A native servant, employed at a foreign hotel, was charged with embezzling $3.  His mistress gave him $4 to purchase half a dozen bottle of whiskey.  He left the house for that purpose, and when he returned he represented that he had paid $3 for the whisky which was to be sent, and returned the remaining dollar.  The whiskey was not delivered, and, on enquiries being made, it was found that prisoner had neither ordered not paid for it, but had appropriated the $3 to his own use.  This was the third occasion on which he had been detected in embezzlement while he had been in the same employ, and as it was believed that he had been previously before the Court, he was remanded for his character to be investigated.

A Batch of Gamblers.

   A batch of twenty-nine prisoners were arraigned on a charge of gambling.  On Sunday evening the proprietor of a foreign hong in the Honan Road was attracted to the servants' quarters by hearing a noise.  One of his employees tried to persuade him that there was no occasion fir him to trouble himself, but while they were talking the lights were extinguished and about half a dozen men ran off the premises.  This convinced him that there was occasion for his presence, and after securing the premises so that non one could escape, he sent for the police.  A sergeant and constables soon arrived, and twenty-nine persons, who admitted that they had been gambling, were found on the premises.  They were all arrested and conveyed to the Police Station, and in their possession, and in the room in which they had been carrying on their operations, about $130 were found.  Before the Court they acknowledged the offence, and were ordered to pay a fine of $300 among them, towards which the $130 found by the police are to be devoted.  The Magistrate intimated that when the money was paid it would be devoted to some charitable purpose.

Attempted Suicide.

   A native of Hangchow was brought up in the custody of the Hongkew Police charged with attempting to drown himself.  About seven o'clock on Saturday evening he threw himself into the River from the Garden Bridge, and several of his countrymen, who witnessed the occurrence, took no steps to rescue him.  But a foreigner, who happened to pass, saw him struggling in the water, and gave a sampan man a dollar to save him.  The sampan man succeeded in doing so, the dollar apparently having the effect of casing him to forget the superstition natives have with regard to rescuing a drowning person.  In an exhausted state the would-be suicide was conveyed to the Police Station, where he was properly cared for and soon recovered. Before the Magistrate he told a pitiful tale, and instructions were given for him to be sent to his native place.

4th Feb.

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

Properly Punished.

   A troublesome character was brought up to-day, his latest offence being an attempt to alarm the police by cutting his throat while in their custody, by a piece of broken tea-cup.  He had been just apprehended under very suspicious circumstances, and had not long been released from prison owing to sickness.  He had been imprisoned for burglary, having been found in a foreigner's dining-room at midnight. He was sentenced to receive 100 blows, which were inflicted on the palms of his hand in open Court, and to be deported.

Novel Case of Fraud.

   A sprightly young banker was brought up for obtaining money under false pretences.  He went to one Chinese bank and purchased ten dollars'' worth of small silver coins, asking to have a servant accompany him to another bank to receive payment.  On arriving at the second bank, he took the money from the servant, told him to wait for it, and then disappeared inside, making his exit by another passage.  This answered very well on two occasions, but on the third he was captured.  Chen ordered him to receive 100 blows on the spot, on the calves of his legs, and to make restitution of the money he had fraudulently acquired.

 

The North China Herald, 14 February 1879

MIXED COURT            .

Shanghai, 6th February.

Before CHEN, Chinese Magistrate, and Dr. MACGOWAN, U.S. Assessor.

Fireworks.

   The police brought up a crowd of nearly thirty offenders against the Municipal ordinance against firing crackers; a number of whom were dames, all Cantonese.  Wednesday being a holiday, the temptation for a feu de joie was too great to resist, or rather the penalty was too insignificant to deter them.  Shopkeepers who desire to indulge, depute a coolie to attend to the explosions, providing him with the amount of the fine, a couple of ten-cent pieces, and a cumshaw for suffering arrest, and as there is always a chance of escaping the work goes bravely on.

Street Obstructions.

   Nearly as many jinrikisha men were brought up for obstructing the Maloo, which they rendered impassable, and refused to disperse, or restrict themselves to an adjoining lane.  They persisted in crowding round a temple where a performance was going on.  Chen said they should be forgiven, as they were merely anxious in seeking employment, and the Municipality received large revenue from the taxes which they paid; but the Foreign Assessor insisted on some punishment being inflicted, as they had endangered the safety of carriages and annoyed all foot passengers.  They were mulcted in a small fine each, and their vehicles ordered to be retained for three days.

7th Feb.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

CHIEN PAO-SHAN v. KUM ALLUM.

Disputed Nationality.

   In this case judgment had been given against the defendant for the sum of Tls. 300.  Defendant, at the hearing of the case, it will be remembered, claimed that he was a British subject and denied the jurisdiction of the Court; and Mr. Drummond now appeared on his behalf, and produced documents to prove that Kum Allum was born in Penang, and that he had been registered as a British subject for the years 1865, 1866, 1867, 1868, 1869, 1870, 1871, 1872, 1873, 1874, 1875, 1876, 1877, and 1879, having paid on each occasion the $5 fee.  He, Mr. Drummond, then read the following statement made by Kum Allum:-

On Monday, the 13th January, 1879, I was summoned to appear at the Mixed Court.  I went together with the constable who brought the summons to the Louza Station, and told Mr. Wilson that I was a British subject, and thought that I ought not to go to the Mixed Court.  Mr. Wilson, however, told me to go and see Mr. Allen, the Assessor.  When in the Mixed Court, I produced my certificate for 1877, and also showed him the certificate from the Straits authorities.  I told him that I had been registered every year since 1865.

   Mr. Allen asked me, "Why were you not registered in 1878?"  I told him that on account of the non-receipt of a reply to or petition about the changing of dress, which we sent home to the Foreign Office, I did not register for that year.  Mr. Allen refused to recognise me, because I could not produce my registration paper for 1878, and so told Chen the Magistrate to treat me as a Chinese subject.  I was remanded and detained in prison.  The case was not tried that day.

   I was bailed out by Mr. White in the afternoon, and was told to appear again on Friday.  Thinking all British subjects are allowed to renew their certificates in this month, I might have renewed mine also, and so the following day, the 14th January, I went to the Consulate and got my registration paper for this year.  On Friday the 17th January, I appeared at the Mixed Court in foreign clothes.  Mr. Allen still would not recognise me, and told Chen to decide the case.  Chen,, without going half into the case, and without hearing any witnesses, or perusing the contract, ordered me to pay Tls. 300, before the Chinese New Year, and as soon as the contractor finished the houses to pay him Tls. 120, and the balance to be decided after New Year.

   I showed Mr. Allen my new certificate, and told him that I was not under the jurisdiction of the Mixed Court, and if the Chinese had any claim against me they could sue me at the Supreme Court.  I objected to pay the money and would not submit to the Magistrate's decision.  Mr. Allen said, "You pay the money, and you can appeal to the Consul."  I objected to so so, and Mr. Allen told me to call at the Consulate on the following day and see the Consul.  I went there, but did not see Mr. Davenport.  I saw Mr. Allen, who told me, "All right, I have spoken to the Consul and will write to Chen that it is settled."

   In the afternoon the assault case occurred, and on Monday, 20th January, the contractor and three others were tried and fined $20.  This fine was paid by the Magistrate himself, who told the Assessor that the men were poor, and could not pay, so he, the Magistrate, would pay for them.  Chen was pressing the Assessor hard to get me to pay the Tls. 300, but Mr. Allen told him he would see the Consul about it, and so ordered me to go to the Consulate at 2 p.m.  I went there and saw the Consul.

   After some conversation with Mr. Allen, the Consul asked him if he was satisfied with the magistrate's decision.  Mr. Allen replied, "No," if he should try the case he would decide it differently.  Mr. Davenport asked me why I did not tell him about the case, when I came to get my certificate.  I replied that I did not know the case had been tried when I got a certificate; it was decided three full days afterwards.  Mr. Davenport said, "You have to settle it yourself; I have nothing to do with it, and I won't interfere."

   From the 21st up to the 29th nothing happened during the New Year holidays.  On the 30th January, I received a note from Mr. Allen saying Mr. Davenport wished to see me at 2.30 p.m.  I called there.  Mr. Davenport told me to "conform to the Mixed Court decision, and not to conform exactly," and then read Lord Derby's instructions about the changing of dress.  Mr. Allen came in and was asked by Mr. Davenport to see the Chief Judge.  After being away for about half-an-hour, he came and spoke the Chief Judge's opinion about the case, and not coming to any definite understanding, I asked Mr. Allen whether I should have to pay the money.  Mr. Allen replied, "Do as you please."  The next day, two Mixed Court runners called at my house and demanded the Tls. 300.  Having been given an option, I naturally refused to comply.  They went away and nothing was heard for two or three days.  On Monday, the 3rd February, a policeman and a Mixed Court runner came, showed me a summons, and told me that the Magistrate wanted me to go at once.  I declined to do so, thinking that as a British subject I was only amenable to the British Courts.  I went yesterday, the 6th instant, and saw Mr. Allen, and told him that Mr. Penfold sent me the summons, and asked him whether I should appear or not at the Mixed Court.  He said I ought to go, and if I did not go a warrant would be issued for my arrest, and when the arrest was made, Mr. Davenport would perhaps help me.  I went and saw Mr. Davenport and showed him the summons; he said I ought to go to the Mixed Court, and told me as before that he wouldn't interfere about the case.

   The ASSESSOR explained that in the assault case he told Kum Allum that he was recognised as a British subject.  He admitted that Kum Allum's statement was tolerably correct, and explained that he only wrote on summonses and warrants as a notarial act.  In this particular case he had acted entirely under the orders of the Consul, who had declared that he registered the defendant for 1879 under the distinct understanding that the registration was not to have a retrospective effect.

   Mr. DRUMMOND thought that this was ultra vres on the part of the Consul, and warned the Assessor of the responsibility he incurred if the case was carried further.

   The ASSESSOR requested Mr. Drummond to see the Consul.

   Mr. DRUMMOND said he would do so.

   The ASSESSOR explained to the Magistrate that Mr. Drummond was in Court to represent Kum Allum, whereupon the Magistrate handed to Mr. Drummond a copy of a despatch from Mr. Davenport, H.M.'s Consul, on the case.  The despatch was as follows:

BRITISH CONSULATE,

Shanghai, 31st January, 1879.

SIR, - H.M.'s Vice-Consul at this port, Mr. Allen, has brought to my notice a case in which Kum Allum, a person of Chinese descent, born in the British Island of Penang, had declined to submit himself to the jurisdiction of your court.

   In this matter, I have the honour to inform you that, as at the time in question the defendant was not conforming to the British regulations, and was not registered as a British subject, he was not entitled to claim British protection or interference.

   During the pendency of this case, the defendant having conformed to the regulations, I granted him a certificate of registration, on the distinct understanding that it would not entitle him to protection in the case referred to, as I would not allow the registration to have a retrospective effect in this particular instance, for obvious reasons.

   Kum Allum being now registered as a British subject, in future cases he will, so long as he conforms to our regulations, be subject solely to British jurisdiction.

   I have the honor, &c.

His Worship CHEN, Deputy Magistrate, The Mixed Court.

   The ASSESSOR admitted that Kum Allum had accurate papers of his nationality up to 1877 and for 1879, but he had no registration paper for 1878.  He again suggested that Mr. Drummond should see the consul on the matter.

   Mr. DRUMMOND said he would do so, and withdrew from the Court.

  1.    We are informed that later in the day Mr. Drummond applied to H.M.'s Consul and asked him to reconsider his decision, but Mr. Davenport declined and said he was prepared to support the course he had taken.  [See also, Editorial Selections, 'National Registration,' 7 March, in Newspaper commentary China 1870s.]

 

The North China Herald, 21 February 1879

MIXED COURT.

Shanghai, 11th Feb.
Before the Chinese Magistrate CHEN, and Dr. MACGOWAN, U.S. Assessor.

Cruelty to Horses.

   A proprietor of horses was brought up by the Police for allowing one of his animals to be employed while it was suffering from ulcers, which must have been a perpetual torture.  He was fined and admonished.

Stabbing.

   A native living in Hongkew was charged with stabbing.  He plunged a knife into the breast of a man with whom he had a difference.  The weapon pierced several wadded garments and inflicted a wound over the region of the heart, a rib averting much injury.   The culprit received 100 blows and was remanded, so that the condition of his victim might be reported on at a future day.

Felony.

   A Soochow man, who came to Shanghai in search of employment, was sent to gaol for three months for stealing some incense burners, brass candlesticks, and two opium pipes, amounting in all to the value of $30, from a friend's house in the Fukien Road.

17th February.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

An Old Offender.

   An old thief was brought up charged with robbery from a foreign hong.  In September last he was sentenced to a year's imprisonment, but was released when he had been in gaol two months on account of sickness.  On the 7th February he was again before the Court, and was sentenced to receive one hundred blows; and for his present offence he was committed to gaol for twelve months.  He is suffering from disease, and doubts were expressed whether he would be able to undergo the sentence.

A Determined Burglar.

  Another old thief was charged with burglary.  He acknowledged the offence, and it transpired that he had previously been convicted for breaking into the same house that he devoted his attention to on the present occasion.  The Magistrate sent him to gaol for four months, the Assessor making objection to the lightness of the sentence.

 

The North China Herald, 7 March 1879

MIXED COURT.

Shanghai, 1st March

Before the Chinese Magistrate CHEN, and H. HAAS, Esq., Austrian Assessor.

Theft of $45.

   A "boy" in foreign employ was charged with stealing $45 from the house of his former master.  He was in the service of the prosecutor for two months, and was discharged on account of laziness, but was employed by the next-door neighbour.  During the absence of his successor, who had to take the master's meals to the office, the house was entered and $45 stolen from an upper room.  The surrounding circumstances connected with the robbery caused suspicion to be placed ion the prisoner, who was arrested and questioned at the Louza Police Station.  The statements he made as to where he was on the night of the robbery were found to be false, and after an investigation at the Court resulting in his remand for an indefinite period for further enquiries to be made, he admitted having entered the house and stolen the dollars, 27 of which he had buried in an adjoining yard, in three different lots, and the balance he had spent in convivialities.  He was sentenced to receive 200 blows, and to undergo six months' imprisonment.

The Clever Capture of Burglars.

   In last Thursday's Daily News was reported the arrest of two old thieves for burglaries in different parts of the Settlement, and to-day they were brought before the court.  In the case of the man who was captured near the Loong-fei Bridge, by a Native Sergeant, with a case of champagne and 33 different bottles of wine in his possession, which he had stolen from a foreign residence on the Bubbling Wells Road, having effected an entrance by cutting a hole through the cook-house door, the prisoner was sentenced to two years' imprisonment and to receive two hundred blows.  He had been four times previously convicted of burglary, and, besides the case just mentioned, there was a further charge against him of entering a house on the Szechuan Road, and stealing wearing apparel to the amount of $50.  He is to be exposed in the cangue near the [place of his robbery for a time, in the discretion of the police and the prosecutor, as a warning to others.

   In the other case, it will be remembered, the prisoner was found in a house in the Fuhkien Road, which he had entered by slipping the latch, and was regaling himself, at three o'clock in the morning, with chicken and wine was disturbed by a native constable, to whom he represented that he was the proprietor of the house and invited the constable to join in the feast, but his nonchalance was not successful in saving him from arrest.  Two other cases of burglary were proved against him, one in the Woosieh Road and the other in the Fuhkien Road, and he was   sentenced to receive one hundred blows, and to be imprisoned for six months.

 

The North China Herald, 14 March 1879

MIXED COURT.

Shanghai, 6th March.

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

Kidnapping.

    A case of kidnapping drew a large crowd of native auditors to the Court this morning.  The kidnapper had been in the habit of renting a house near the Yang-king-pang, and of giving sweetmeats to a boy of six years of age.  On Sunday the child was missed, and after three days' search he was found in the possession of a Cantonese woman at Hongkew, who paid $38 for the child.  Further inquiry showed the accused to be the kidnapper.  He did not deny the charge, but stoutly refused to refund any of the money that he had received for child-stealing, although several persons who had aided him in the transaction refunded what he had given to them.  They appeared innocent of the crime.  The culprit was sentenced to be flogged from time to time until he gives back the money.

   There was another case that contributed to draw a crowd of spectators.  Some women were brought up by the Hongkew police for assaulting a doctor and breaking his sedan.  He had been dragged out, and pulled and pounded by the women without mercy.  The defendants admitted the charge and pleaded malpractice on the part of the doctor in extenuation.  He had inoculated a child for the small pox, the patient died, and as the doctor refused to come and see it during its illness, the indignation of parents and friends was aroused, and they wreaked vengeance accordingly on the doctor.  To further damage his reputation, it was charged that while in this case the virus that he had inserted into the nostrils of the child was too potent, in others it failed to produce any effect.  The case was dismissed, Chen, however, thinking the woman ought to have spared the sedan.

11th March.

Attempt at Arson.

   A native doctor, who for many years has lived in Hongkew, was brought up on the charge of attempting to set fire to an adjoining dwelling.  It appeared that prisoner's family and that of his next-door neighbour had been at perpetual variance, and on the previous night the home of the latter was discovered to be on fire.  There were indications of the application of kerosene oil, and on an examination being made traces of this inflammable material were found leading to the prisoner's house, whose belongings, moreover, were packed up ready for removal.  After a lengthy investigation the case was remanded for the Magistrate to visit the place.

 

The North China Herald, 21 March 1879

MIXED COURT.

Shanghai, 6th March.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Asssessor.

Rival Lodging-house Keepers.

   A batch of ten natives were brought up on remand from Friday last, charged with creating a disturbance at a lodging-house in the Shantung Road and wilfully damaging the furniture.

   From the evidence adduced it appeared that the disturbance was the outcome of the keen competition between lodging-house keepers to obtain passengers arriving by steamer. On Thursday last a steamer arrived from Hankow whom the proprietor of the lodging-house in the Shantung Road expected to stay at his house, and his employee took possession of his luggage.  While they were thus engaged, the keep of another lodging-house in the French Concession got hold of the passenger and persuaded him to go to his house.  The passenger yielded to his entreaties, but on arriving at the house, he found that his baggage was not there and was told that it had gone to the lodging-house in the Shantung Road, but it would be fetched.  He was satisfied with this explanation, and the keeper of the lodging-house in the French Concession, accompanied by over a dozen others, among whom were the prisoners, thereupon went to  the Shantung Road and demanded the luggage to be given up to them.  Their request was refused, whereupon a general melee ensued, during which the furniture in the house was damaged, as was represented in Court, to the extent of $30, but this sum was said to be excessive.  The assistance of the police was called, and the prisoners were apprehended. 

   The proprietor of the lodging-house in the Shantung road presented a petition to the court, in which he set forth that he had been in business nearly a year, and that in consequence of his success Li Foo-sin, the owner of the lodging-house on the French Bund, was jealous, and that he, with more than twenty of his men, armed with heavy tools, entered the petitioner's house on the 13th inst. with the intention to kill him.  Petitioner, when he saw them coming, hid himself, and fortunately got rid of their attack, but all of his inmates were wounded and nearly all the household furniture broken.  Under such a dreadful insult, petitioner humbly begged that the honourable Court would pay attention to the case, and the petitioner, as in duty bound, would ever pray.

   After a long investigation, the court was of the opinion that two of the prisoners were alone responsible for the row, and one of these was sent to gaol for one month, the other bring ordered to pay a fine of $40, $10 of which is to be given to the keeper of the lodging-house in the Shantung Road.

 

The North China Herald, 28 March 1879

MIXED COURT.

Shanghai, March 20th.

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

Curious Case of Arson.

   The disposition of the Hongkew arson case perplexed the Court exceedingly.  It was finally decided to inflict a nominal fine on the doctor, whose slave girl, aged eleven years, and daughter, a young lady, appeared to be the guilty parties on both occasions when attempts were made to fire the premises.  The young lady presented a striking appearance and evidently overawed the worthy Magistrate.  Her feet were the smallest of the small, and being insufficient duly to sustain her, she was held up by attendants on either side.  Chen declared that her tiny feet could never have ascended to the staging where the incendiarism was attempted.  She was accordingly discharged, and the slave girl reprimanded.

...

   Chen was desirous of having a woman thief beaten on the face after the usual style, for stealing, but at the request of the Foreign Assessor imprisonment was substituted.

...

   The Foreign Assessor and Chen had a long discussion touching the amount of the fine proper to be inflicted in proprietors of stray ponies, which had injured municipal trees.  Chen gradually rose from $1 each, as a fine, to $4, which was a dollar less than that which the Foreign Assessor asked.  Four dollars were, however, fixed as a fine for each offender.

...

   Further examination of the great abduction case was deferred until Tuesday next.

25th March.

SUNG CHI-SZ, the Abductor.

   The abduction of Sung Cheong was again considered this morning and several important facts elicited by the examination of the tepao, in whose village the abducted storekeeper was discovered; but Chen having occasion to attend at the Supreme Court at an early hour, the decision of the case was deferred until Thursday next.

   The Magistrate's departure was, however, unexpectedly delayed by Mr. Penfold,  bringing in two members of the chain-gang, who, the night before, had committed a violent assault on a fellow prisoner, to the extent of breaking the poor man's leg; it was a case of refracture, a late fracture of the leg having hardly hard time to unite.  All newcomers in a Chinese prison are required by those who are already in confinement to pay a fee.  Nothing of the kind is allowed among Municipal prisoners, but advantage was taken of an opportunity to enforce the usual custom, which the new comer resented - chiefly perhaps because he was not a stranger to the prison, and knew that no such rule obtained there.  He was set upon and his leg broken by two prisoners who are notes for crimes of violence.  A report from Dr. Johnston represents the patient as likely to be laid up a long time before the fracture can again unite.  Three hundred blows were inflicted on the culprits, who groaned a goof deal under the infliction.

...

   As there were several "travellers" present, Dr. Macgowan explained that after mouth slapping, which the abductor had suffered for contempt of Court, the punishment just inflicted was of the mildest description.  Speaking comparatively, confinement in a Chinese prison was much more severe than such floggings as were inflicted in this Court.  For the most part, foreign Assessors advocated flogging, but others thought there was a more excellent thing.  However, as things are at present, no change could be looked for.  Flogging on the back of the thighs had been found by the Chinese to be less hurtful than on the calves of the legs, &c.  Blows inflicted in other regions often caused ulcers that in some persons never healed.  In ten days or two weeks these men will be able to resume work in the chain-gang.

...

   An edition of Dr. Macgowan's treatises on the treatment of the apparently drowned, on the treatment of attempted suicide by opium, and the cure of opium smoking, having been printed from fines, copies were distributed among the native police, who, being instructed on these subjects, will often be able to render timely assistance - if they will do so.

 

The North China Herald, 4 April 1879

MIXED COURT.

Shanghai, 26th March

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

Gambling.

   A batch of nineteen gamblers was brought up in the custody of the Police.  On the previous night they were all found by the police in a house in the Woohoo Road, in which were all the materials for gambling and large quantities of cash on the floor and tables.  The headman was fined $50 and costs, and the others were sent to gaol for fourteen days each.

27th March.

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

Semi-Official Squeezing.

   It appears that unceasing and untiring efforts are made to exact duties from boatmen who visit Shanghai from the country, and it is only in flagrant cases that this system of squeezing is exposed.  A case was presented today, which, in the opinion of Mr. Stripling, who prosecuted, and which, according to the views firmly expressed by the Foreign Assessor, called for condign punishment.  The accused, who, by the way, is a sub-contractor of the Municipal Council, seized or carried off the yuloh and other property of a boatman who had brought a load of straw to town for sale.  He did this because the boatman refused to pay 2,000 cash duty on the cargo.  In the opinion of Chen, this was a trifling affair, scarcely to be noticed except by a fine of a dollar, which finally he was willing to impose. The Foreign Assessor thought it best to remand the case so that Mr. Penfold might appear and aid in insisting, on behalf of the Municipal Council, on such a punishment as would prove a deterrent for some time to come to such assumption of authority.

1st April.

   The accused in this case, it will be remembered, is a sub-contractor of the Municipal Council, and he seized the yuloh and other property of a boatman who had brought a load of straw to town to sell, because he would not pay a squeeze of 2,000 cash, as duty on the cargo.  The case was remanded a week ago for the attendance of Mr. Penfold, Superintendent of Police, to attend and aid the Assessor in insisting, on behalf of the Municipal Council, on such a punishment as would prove a deterrent for some time to come to such assumption of authority. 

   Mr. Penfold attended, and the question of the amount of fine was discussed, and ultimately one of $5 was imposed.  The Assessor remarked that the amount mulcted in this case was something in excess of what the Penal Code directs; remarking also, that the leniency of the Mixed Court of which foreigners so often complained, was due mainly to the fact that Chen is often held up to the ridicule of his countrymen through the Chinese press, and that by foreigners for yielding too readily to the demands of Foreign Assessors.

The Hongkew Abduction Case.

   Today was fixed for the further investigation of this case, which has now been before the court on several occasions; but as the tepao of the district where Sun-sheong was confined was not in attendance, another adjournment was necessary.

A Ludicrous Scene.

   A wheelbarrow coolie was brought up under the following circumstances.  A market gardener near the Gas Works left his home on Monday evening, and returned about ten o'clock, when he found his house door secured.  He forced it open, and on entering found that the prisoner had usurped his connubial rights.  The estranged husband seized him bib the queue and dragged him out of the house in a nude state, when hundreds of natives assembled and prisoner was very toughly handled.  They pulled him across a yard strewn with granite chips, and afterwards mobbed and jostled him in a most unceremonious manner all the way to the Louza Police Station.  On arriving there prisoner was in an exhausted state, and his body covered with bruises.  Chen, after hearing the circumstances and seeing the prisoner's body, thought he had been already sufficiently punished and discharged him; but he soundly rated the prosecutor's wife for her infidelity.

 

The North China Herald, 15 April 1869

SUMMARY OF NEWS.

   A batch of nineteen natives, including men, women, and children, were brought up at the Mixed Court a few days since, for damaging trees in different parts of the Settlement.  To celebrate the festival of Ts-ing Ming, the opening of the Spring, it is customary for the Chinese to have small branch of a tree in their households, and to obtain them the trees in the foreign Settlement and outlying roads generally suffer to a serious extent, and to prevent this as much as possible, the police, we hear, had over fifty constables on special duty to arrest offenders.  Each of the nineteen persons had small branches of trees in their possession, and in some cases great ingenuity was displayed to evade the vigilance of the police.  In each case a fine of 20 cents was imposed.

(   Also a report on the murder of Moh Yung-ching.)

 

The North China Herald, 15 April 1879

MIXED COURT.

Shanghai, 3rd April

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

Stealing Foreshore.

   Three sampan men were brought up by the river police, for giving chace to a ballast boat, cutting away a small boat which she had in tow, and making off with it.  An aged woman presented herself as counsel for the accused, whom she had employed to pursue the ballast boat for having dug away some mud from her foreshore property.  The sampan men hailed the ballast boat and demanded payment, which was refused, whereupon they cut away a small boat she was toping and were making towards their shore with their prize, when they were seized by the police, who had witnessed the capture.  Chen detected the police to restore the boat to the ballast men, who were ordered to pay 300 cash for the mud stolen, and the sampan men were released.

   This with a few minor cases, concluded the day's proceedings.
4th April.

The Hongkew Abduction Case.

This was a special sitting of the Court today at two o'clock in the afternoon to further investigate the case of the abduction of Sun-cheong, storekeeper, Hongkew.  The tepao of the district where Sun-cheong was confined appeared and corroborated the facts already published in reference to the way in which he was treated.

   At the conclusion of his evidence, prisoner was promised a mitigation of punishment if he would divulge the names of his confederates, but this he stoutly refused to do.

   The COURT sentenced him to two years' imprisonment.

   Mr. PENFOLD, Superintendent of Police, urged the necessity of the prisoner being placed in the hands of the Municipal Police to undergo his sentence, inasmuch as if he were left in the care of the officials of the Court, it was to be feared he would be shortly released on the pretence of sickness.

   SUN-CHEONG explained that the prisoner had threatened to kill him when he was liberated from gaol, and he asked for him to be ordered to find security for his good behaviour at the expiration of his sentence.

   CHEN ordered that the prisoner should find security at the end of his term of imprisonment, which it was decided should be served in the cells at the Central Police Station.

9th April.

Before the Chinese Magistrate CHEN, and C. F.  R. ALLEN, Esq., British Assessor.

Breach of Municipal Regulations.

   Five native women appeared to answer summonses, issued on the previous day at the instance of the police, charging them  with living in two houses in the Honan Road, under circumstances alleged to be in contravention of the Municipal regulations.

   Foreigners appeared to watch the case, and on their application this hearing was remanded for a week.

10th April.

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

Nuisance.

   The manager of a large native eating house in the Nanking Road, near the Honan Road, was charged with having about a dozen live pigs on the premises contrary to the Municipal Regulations.  It was explained that the defendant was in the habit of killing pigs at the eating house as early as three o'clock in the morning, and that the nuisance arising therefrom has been often complained of by the foreigners and natives living in the immediate neighbourhood.  Bedsides, it is contrary to the regulations for pigs to be slaughtered in the Settlement or driven along the streets east of the Honan Road.  The Magistrate cautioned the defendant as to his future conduct, and ordered the pigs now on the premises to be removed within five days.

 

The North China Herald, 6 May 1879

SUMMARY OF NEWS.

   A rather singular accident recently occurred in the Honan Road.  A native wished to go for a drive as far as the Bubbling Well, and was arranging the price of a carriage for that purpose.  The fare demanded was 70 cents, and another mafoo hearing this stepped forward and volunteered to make the journey for 35 cents.  The result was a fight between the mafoos.  The pony belonging to the man who asked 70 cents was elated at the diversion and as if to demonstrate his superiority over his rival dashed away.  But his hilarity was checked in the bud by a collision with a trap driven by a foreigner, whose life was endangered and his vehicle referred temporarily useless.  The Police interfered, and the case was investigated at the Mixed Court next say.  Chen, the Magistrate, held the mafoo who lowered the charge one-half responsible for the damage, and he was ordered to pay $8 - a proof positive that in the celestial mind at least profitless competition is a pennywise and pound foolish game to play.

   A marked example of Chinese justice was revealed yesterday in a case heard at the Mixed Court.  About four months ago an itinerant dealer in jade stone ornaments was staying at a lodging-house in Tinghai, near Ningpo, when a fellow lodger, whom he had made a companion of, decamped with ornaments belonging to him of the estimated value of $800.  The delinquent could not be traced, and the loss of the property claimed to be recopied by the lodging-house keeper, who pleaded impecuniosity.  The case was then taken before the Chehsien of the District, who sentenced the lodging-house keeper to receive one thousand blows and to be imprisoned for three months, because the felony had taken place in his house.  The blows were given and he served his term of imprisonment, obtaining his liberty a few days ago.  With a determination to exonerate himself in the eyes of his relatives and neighbours, he at once set out in search of the thief and came to Shanghai.  He walked the streets, and visited tea and lodging-houses, and yesterday he met the object of his search in the Maloo, and dragged him by the queue to the Louza Police Station, where he was detained.  He was taken before Chen, the Mixed Court magistrate, yesterday, and he remitted him to the Chehsien who had so severely punished his captor.

 

The North China Herald, 6 May 1879

MIXES COURT

Shanghai, 29th April.

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

   There were several cases of an unimportant nature disposed of today - petty thefts, fighting in the streets, and nuisance cases.  Only one was worthy of notice.  A man who had previously been convicted of theft was charged with stealing an opium pipe and breaking a pane of glass in an opium shop.  Though the offence was proved, Chen refused to inflict any punishment, giving as his reason for adopting that course that all provincial officials were taking stringent steps to stop opium smoking, and it was his intention to do the same.

   After the ordinary business of the Court was disposed of, Dr. Macgowan and Chen took leave of each other; the remarks made were mutually complimentary.  Chen in conclusion expressed regret that the court could no longer have the advantage of Dr. Macgowan's extensive experience and profound knowledge of the reciprocal duties and rights of foreigners and natives, adding that he might consider himself as Interpreter of the Mixed Court, and have the privilege of appearing in behalf of clients in civil cases.

   Dr. MACGOWAN then addressed a few remarks to Mr. Penfold, making acknowledgment in behalf of the court of the services of the Police, paying a tribute to their zeal and integrity, and commending them also for the intrepidity which in trying occasions they were wont to display.  He added that their fidelity rendered life and property perfectly secure, and that the community were under special obligations to them.

 

The North China Herald, 13 May 1879

MIXED COURT.

Shanghai, 5th May

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., United States Assessor.

Run to Earth.

   On Tuesday, a coolie stole some wearing apparel from a boat in the Yang-king-pang Creek, and being detected, he ran into one of the Municipal sewers, where he remained for nearly three hours.  Hundreds of natives assembled to see him captured.  He was sentenced to seven days' imprisonment.

8th May.

Petty Thefts.

   A Cantonese loafer was brought up for stealing a fish worth seventy cash from a fishmonger's stall; and, after a prolonged discussion, was mulcted in the sum of 300 cash.

   One man and two boys (natives) were brought up for stealing about twenty feet of fencing,  from the premises of a foreigner, a portion of the wood being sold by them to an old woman.  The case led to a lengthy debate between the magistrate and the Assessor as to the gravity of the offence.  Both agreed, however, that the woman should be fined $0.50 for receiving stolen property.  As to the thieves themselves, the Magistrate finally yielded to having the man sentenced to six weeks'', and the two boys to four weeks' imprisonment respectively.

9th May.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

Stabbing.

   The mafoo, in the employment of a foreigner, who was arrested on the previous day for stabbing a shopkeeper and his assistant in a store on the Yang-king-pang, was brought up.

   The circumstances of the case were reported in our issue of yesterday.  Prisoner admitted the charge, but pleaded provocation.  He was sentenced to receive 100 blows and to be imprisoned for three months.

Finding a Bank Order.

   Two Cantonese were brought up under the following circumstances.  A bank order for Tls. 118 was lost, and it was found by them in the Maloo.  Instead of taking it to the police Station they laid their heads together as to the best way to turn it into cash, and went to s foreign exchange office, where arrangements were made with them, but when the note was taken to then bank it was found that payment had been stopped by the Police, who subsequently obtained possession of the note from the exchange office, and the prisoners were arrested.  Chen, the Magistrate, decided that they had not committed an offence, but cautioned them that when they found anything in future they were to take it to the Police Station.

10th May

Before the Chinese Magistrate CHEN, and P. G. von  Mollendorff, Esq., German Assessor.

A Dishonest Lowdah.

   A lowdah, in foreign employ, was charged with stealing fifteen fathoms of chain from a house-boat's anchor.  He was before the court a month ago, when he alleged the theft had been committed by a friend of his, who had ran away.   He was remanded so that he could take steps to find this friend but he had not done so, and the police had evidence that the stolen chain was sold for $5, of which the prisoner received $2.  Chen held the prisoner responsible for the loss of the chain, being the lowdah of the boat, and sentenced him to a month's imprisonment.

 

The North China Herald, 22 April 1879

MIXED COURT.

Shanghai, 17th April.

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

The Canton Road Raid.

   The thief and boatman concerned in the daring robbery at the opium store in the Canton road on Tuesday night, and who were captured by native defectives the next morning, were brought up this morning.  There was a much greater throng of spectators even than were attracted by the recent murder case in the Maloo, heard a few days ago.

   After a careful examination, it was decided that the prisoners should be sent to the District Magistrate's yamen for trial, after the return of Messrs. Stripling and Fowler, who were still up-country in pursuit of the thieves who escaped capture at the time.  - [It will; be seen by a paragraph in another column that the two officers returned to Shanghai about 3.30 yesterday afternoon, having succeeded in capturing another of the gang.]

19th April.

Before the Chinese Magistrate CHEN, and P. G. von Mollendorff, Esq., German Assessor.

Damaging a Street Lamp.

   A Ningpo man was charged with damaging a street lamp post the property of the Municipal Council.  A native policeman detected in his possession an iron door of a lamp-post, where the meter is kept at the base, which he had torn off and said he intended to sell it.  He was sent to gaol for one month.

Robbery by Boatmen.

   Five native boatmen were charged with stealing thirteen pieces of satin, each piece being worth $14.  A Cantonese merchant engaged the prisoners to tale the silk on board a northern steamer, and while they had it in their possession thirteen pieces were extracted from the parcels.  Information was given to the Police, who ascertained that the stolen property had been given to a broker to dispose of, and they succeeded in recovering nine pieces.  Prisoners did not deny the theft, and they were remanded for a week in order to give the police a further opportunity of recovering the remainder of the stolen property.

A Defrauding Jeweller.

   A well-dressed Cantonese jeweller, who came from Hongkong about a month ago and had been staying in a shop near the Astor House Hotel, was charged with having defrauded a native pawnbroker of about $100.  Soon after his arrival he commenced to pawn jewellery, principally chains, which he represented to be gold.  He pawned seven of these on separate occasions, and a day or two ago he wished to pawn another.  The pawnbroker's suspicions were aroused by the number of chains the prisoner was in a position to pawn.  He examined all the chains he had received from him, and was surprised to find they were not gold but brass, with a thin coating of the finer metal, and he had the prisoner arrested.  He was sentenced to twelve months' imprisonment.  Among the other articles he had pawned were a silver lever watch, made by Roskell of Liverpool, and a wedding ring, the latter being stamped inside "H.H.N., 1845."  As these are believed to belong to some foreigner, probably some one living in Hongkong, they were handed over to Inspector Fowler, who will keep them for a month and steps will be taken to discover the owner.

 

The North China Herald, 29 April 1879

MIXED COURT.

Shanghai, 18th April

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

   After the usual cases were disposed of, five Cantonese women were brought up by the Police, charged with refusing compliance with a certain Municipal Regulation.  Chen did not give definite decisions as regards their offence, but ordered them to close their houses.  Subsequently, a gentleman who took an interest in the case, obtained from Chen the opinion of Dr. MACGOWAN, the American Assessor, on the case, which is as follows:

(Copy.)

TO HIS HONOUR CHEN,

Chinese Magistrate to the Mixed Court,

Shanghai.

   SIR, - In accordance with the desire of yourself, several Landrenters and Chinese renters, and with the approval of Vice-Consul Allen, British Assessor of this Court, I submit for your consideration my views on the disposal of the charge brought by the police against Chinese woman for refusing compliance with a certain Municipal Regulation.

   I hold that the accused ought to be discharged.  That the ordinance to which they refuse submission is beneficent in design cannot be disputed, so neither can its inutility be questioned.  If, however, the measure could be  rendered effective in lessening disease, which is doubtful, and if it could be enforced without giving rise to grave abuses, which is impossible, it would be a mere question of hygiene, which being subordinate to the public weal is a matter of secondary importance.

   Let it be admitted that the Regulation can be made to accomplish all the physical good that is claimed for it.  Yet, being one that cannot be enforced, save at a cost which foreign interests in China can ill-afford to sustain, placing them all in jeopardy, the measure must be deemed ill-advised and impolitic in the extreme.  That, however, is a question of legislation which hardly concerns this Court.  If the Regulation in question is not contrary to the quasi constitution under which we live; if it does not contravene fundamental principles which are of higher authority than that constitution, then, indubitably, it would be incumbent on us to enforce it, however obnoxious is might appear to those on whom it bore; but it is a partial and unequal law, selecting for its operation only one race in this heterogeneous community, and it is therefore, ipso facto, unconstitutional, and should be declared null and void in this court. Inasmuch as its operation is restricted to a class which, however large, represents but one side, and that the weak side of the case, and which is quoad hoc not chargeable with any crime, those women should suffer no further molestation.

   If in this, my closing official act, my views should be happily sustained, it will of course be open to the Honourable Municipal Council to appeal to the Consular Body, which, with the Taotai, can bring to its consideration more knowledge than we possess.  I am unaware of the opinion of any member of that body, or of the Taotai, on the subject, having simply given expression to my own views on the question.

   Most respectfully, &c., &c.

26th April.

Before the Chinese Magistrate CHEN, and P. G. Mollendorff, Esq., German Assessor.

Wholesale Robberies by Cargo-boat Men.

   Three cases of robbery by cargo-boat man were investigated today.  In the first case two prisoners, employed by foreigners, were charged with stealing 115 pieces of Pongee silk of the value of Tls. 300.  In December last the silk was shopped from Shanghai, and on arriving at its destination several bales were found to contain a less number  of Pongees than was expected.  Information was sent back to Shanghai, and on enquiries being made it was discovered that out of a shipment of 36 bales, 23 bales had been opened and five pieces of silk extracted from each.  The theft was found to have taken place while the silk was being taken on board the vessel in the boat in which the two prisoners and three other men, who are still at larger, were employed.  The missing silk was traced to the shop of a well-known receiver of stolen property, who was sentenced to nine months' imprisonment about twelve months' ago.  After serving three months of his sentence, he was liberated on account of sickness, and has now escaped to Ningpo.  Prisoners admitted their guilt, and also implicate the other three men who are not in custody.  They were each ordered to receive 200 blows, and to be remanded in custody for a month to afford the police an opportunity of capturing the other three men.  If these men are not captured during the month, at the expiration of that time the prisoners are to be brought up to receive sentence.

   The same foreign firm, who were prosecutors in the last case, next preferred a similar charge against another cargo-boat man in their employ.  In this case it was proved that prisoner, in December last, stole 25 pieces of Pongee silk from bales in his charge, and sold them at a shop in the city.  This shop has now closed, so there is no chance of recovering any of the stolen property.  Prisoner admitted the offence, and was ordered to receive 200 blows, and to be brought up for sentence with the two prisoners in the last case.

   Last week we reported the case in which six boatmen were brought before the court by the Hongkew Police, on the charge of stealing 13 pieces of satin, of the value of $182, from bales placed in their charge to convey to a steamer bound North.  Prisoners were then remanded until today to give the police an opportunity to trace the stolen property, and it is satisfactory to find that they succeeded in doing so. The 13 pieces of satin had been disposed of at different shops for $86, and all were recovered by the police.  Three of the prisoners were sentenced to receive 200 blows, and to be afterwards imprisoned for six months; the prisoner who had pawned the goods was committed to gaol for three months, and the others were remanded with the view to the arrest if two other men who are supposed to be implicated in the robbery.

Theft of a Sable Robe.

 A native cook, in the employ of a foreigner in Hongkew, was charged, on remand, with stealing a sable robe of the value of Tls. 200, the property of his master. Some months ago he stole the robe and pawned it in the city, and with great difficulty it was recovered by the police.  He was then brought before the Court, and admitted the theft, but before sentence was passed he was liberated on account of having some sick friends to attend to.  He was now sentenced to three months' imprisonment.  Bumping his head on the floor, he pleaded to be allowed to serve his sentence in the Chinese gaol, which was objected to.  He then carried his demonstrations to extremes, berating his head violently on the ground,  raising a cloud of  dust, and crying piteously.  His entreaties were of no avail, and three of the runners seized him by the queue and literally dragged him from the Court.

 

The North China Herald, 13 May 1879

SUMMARY OF NEWS.

The appended items of news are taken from the Daily Profess: - "We understand that the question of the costume to be worn by Chinamen claiming to be British subjects has recently been engaging the attention of Sir Thomas Wade, who has intimated that some distinctive mark must be worn, though not necessarily such as to interfere with the characteristic dress of the Chinese.  The persons affected are to confer together and decide what form the distinction shall take."

[See the various reports concerning Kum Allum, in the Mixed Court.]

 

The North China Herald, 20 May 1879

MIXED COURT

Shanghai, 13th May

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

Shop-lifting.

   A clever "shop-lifter" was brought up for stealing some socks, cigars, &c., from a Chinese store, and sentenced to a month's imprisonment.

Gambling.

   A case of street gambling was investigated by the witty Magistrate.  A party of gamblers were engaged in the amusement on the street, when a policeman walked up unawares.  The entire party bolted with such rapidity that only one could be caught, the gambling table as well being taking possession of by the constable.  The sentence was simple.  A hole was to be cut through the centre of the table, and the gambler's head to be cangued therein for two weeks.

Cargo Boat Robberies.

   Five native boatmen were brought up for stealing a quantity of strawbraid from a cargo-boat belonging to a foreigner, who stated that thefts of a similar nature had been in progress for over a year past.  It had been found impossible, however, to fix the guilt until yesterday, when the five men were caught in the act.  On their persons were found a knife and two large iron needles used for cutting open the bales, and sewing them up again, after some of the contents had been abstracted.  The thieves were well punished, two of them being sentenced to three hundred blows each, and six months' imprisonment, while the other three were sentenced to two hundred blows each.  The same foreigner had another charge against six other boatmen, who were caught stealing ginseng from a package on board the boat.  Five of the party, however, escaped, the remaining one being captured.  The case was remanded till Thursday to enable an important witness to appear, as well as to give time for search to be made for the other thieves.

15th May.

Pocket Picking.

   Three charges of pocket picking were preferred against a man hitherto unknown to the police.  In one case he stole $4, in another $1, and in the third a pair of spectacles.  In each case he committed the theft by cutting a hole through the prosecutor's dress with a razor.  He was sentenced to a month's cangue.

Breaking a Man's Rib.

   An elderly man was charged with an assault.  He was a vendor of cakes, and prosecutor had complained to his employer of his saying something improper to a woman who was making a purchase.  His master discharged him, and prisoner, meeting the prosecutor in a tea house, struck him on the breast with a stool, breaking one of his ribs.  Prosecutor was removed to the Hospital, where he now remains.  Prisoner was remanded until the prosecutor could appear.

Another Cargo Boat Robbery.

   Two cargo-boat men, in foreign employment, were brought up charged with stealing a quantity of ginseng.  Some packages of ginseng were entrusted in their care to deliver on board a vessel in harbour and during transit they extracted 30 catties.  They were detected in the act and were arrested.  Three other men implicated in the theft are still at large.  As in other robberies of this kind which have lately been before the Court, the principal was sentenced to receive 300 blows and to under go six months' imprisonment, while the other prisoner was sentenced to receive 300 blows and one months' imprisonment.

16th May.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

An Incorrigible Thief.

   A native who had been beaten and liberated from gaol ion the French Concession within the last few days, was charged with stealing  four coats belonging to the servants of a foreign hong in the Foochow Toad.  He admitted the offence and was sent to gaol for one month.

 

The North China Herald, 27 May 1879

MIXED COURT

Shanghai, 20th May.

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

Robbing a Child.

   A Ningpo thief, who had stolen a silver bangle from a small child while it was playing in the Woosung Road, was well punished for his rascality.

One result of Jealousy.

   A young man was brought up for creating a disturbance, while in a fit of jealousy, in a house of dubitable repute, and breaking the furniture in regular order just as it came to hand.  The case was remanded for the production of further evidence.

Well Caught and Punished.

   A young thief, who took advantage of last evening's celebrations to ply his calling, was brought up for snatching a hair-pin from the head of a Chinese lady.  Upon being pursued, he rushed into the river as far as he could; but, having a natural antipathy for water, he was finally captured before getting more than shoulder-deep in that element.  The bath was probably the most expensive one he had ever enjoyed, the punishment being 80 blows.

22nd May.

Robbery.

   A Ningpo man, who had stolen a silk gown and $6, but was shortly after caught in the act of pawning the gown, was sentenced to 100 blows and three months' imprisonment.

Petty Theft.

   Another Ningpo man was brought up for taking part in a disturbance in the Kiangse Road, in the course of which he took an opportunity of snatching a pair of ear-rings from the ears of a Cantonese woman.  The offender was fined $1.10.

A Merciful Decision.

   A famine refugee from Shanse was brought up for stealing a quantity of bamboo fencing.  He presented the most abject appearance and was evidently in a state of starvation.  It was suggested to him that he should be sent back to his native province; whereupon he fell on his knees, performed the ko-tow of gratitude, and wept tears of joy.  Instructions were accordingly given that he should be forwarded to Shanse through the District Magistrate.

23rd May.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

Extensive Embezzlement by a Compradore.

   A compradore formerly in the employment of a foreign firm at Hoihow, in the island of Hainan, was brought up in custody charged with embezzlement.  About twelve months ago he absconded, indebted to the firm to the extent of over one thousand dollars, and subsequently it was ascertained that he had used the name of the firm in sugar transactions to a large amount - over $20,000 we believe.  One of the members of the firm traced him to Hongkong, thence to Shanghai, and a few days ago discovered that he was staying g at a hong in the French Concession.  The foreigner, in disguise, watched the hong and captured the object of his search on Thursday and handed him over to the police.  Application was made for him to be sent to Kiungchow to be dealt with by the authorities there, and the Court took time to consider its decision.

 

The North China Herald, 3 June 1879

MIXED COURT.

Shanghai, 27th May.

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

A Public Nuisance.

   A native, who persisted in amusing himself with fire-crackers on the public street in close proximity to the open windows of a godown, full of goods belonging to a foreign firm, was fined $1 for his temerity.

Stealing Sugar.

   A coolie was sentenced to receive one hundred blows and to be cangued for one month for stealing about 20-lbs. of sugar from packages on board the P. and O. str. Zambesao, on which vessel he was employed.  He extracted the sugar from the packages and concealed it under his clothing.

The Escapes from Gaol.

   Two of the right prisoners who escaped a few days ago from the Louza Police Station, under circumstances which have been fully reported in our columns, have been arrested, and were brought before the Court this morning. One of them who had served two months of a six-months' sentence, was captured in the French Concession, and the other was tracked to Najen, a village about 30 li from Shanghai.  Here he pawned a pair of trousers to obtain food.  The trousers were stamped with the character "prisoner" which led to his arrest, though in the meantime he had travelled to Kading and back.  This was the longest term man who escaped, having been sentenced to three years imprisonment, or an indefinite period at the discretion of the police, and it was he who gained notoriety by filing the chain securing him in the hospital with a piece of ordinary Chinese basin. 

   The police did not ask for a further term of imprisonment in his case.  They only wished him to be flogged, and as regards the other prisoner application was made for an additional sentence of six months; imprisonment together with a flogging - 200 blows in each case, to be given on the spot.  Chen thought six months too much to add to the man's previous sentence, and consented to give him two months' extra, which gives him six months to serve.  He did not object to give them 200 blows, but said the flogging must take place in the afternoon.  The police objected to this, and pointed out that in previous cases of the kind the punishment had been inflicted on the spot, and pressed for the same to be done in this case.  Chen for some time was obstinate, and he would told that the prisoners would be sent back to gaol without the flogging if the established custom could not be followed.  The prisoners were accordingly leaving the Court, when Chen called them back and ordered them each to receive 200 blows, which were there and then administered.

28th May.

Before the Chinese Magistrate CHEN and W. C. HILLIER, Esq., Acting British Assessor.

The Public Carriage Nuisance.

   A mafoo having the charge of a carriage plying for hire on the stand in the Honan Road, was ordered to be cangued for a week for impudence to a respectable Chinaman whom he importuned to hire his carriage to take him to the East Gate of the city.

Theft of $200.

   Two wheelbarrow coolies were brought up in the custody of the municipal police, charged with being implicated in a theft of $200.  It appears that on Tuesday five wheelbarrow men were employed to convey $50,000, in boxes of $5,000 each,  from a foreign bank on the Bund to a native bank in the Nanking Road.  All the boxes were delivered by the coolies, who were then told there was more work for them to do, but they objected to do it and three of them ran away without payment for what they had already done.  This created suspicion that all was not as it should be, and the boxes containing the dollars were examined.  It was found that the hinges of one of them was insecure, and that $200 had been abstracted during its removal from one bank to the other.  By this  time all the coolies had decamped,  but the police were soon on their track, and the two prisoners were apprehended.  It was ascertained that the other three prisoners had gone in the direction of Koompoo, the town near Soochow where all the wheelbarrow men come from, and it is supposed they have the $200 with them,  as none were found on the prisoners.  To afford an opportunity  for the arrest of the three men who escaped, the prisoners were remanded for a week.

29th May.

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., United States Assessor.

An Incorrigible.

   A culprit who had been but three weeks out of jail, was brought up for stealing a clock form a foreigner's house.  He was detected while going out of the house with the clock under his clothes.  He was sentenced to one hundred blows and three months' imprisonment.

Properly Punished.

   A Ningpo Mafoo was brought up for assaulting a foreign employee of a foreign firm, and tearing some of his clothes  during the struggle that ensued.  The mafoo had come into the stables in so drunken a condition that the ponies became unmanageable,  and threatened to break loose.  The foreigner, accordingly, put the mafoo out of the stables' but, as he still continued violent and abusive, he was put off the premises entirely.  During the struggle attendant upon expelling him  from the premises, however, he  seized a club wherewith to beat the foreigner, and caught hold of his clothing which he thus damaged by tearing.  After a prolonged hearing, the obstreperous mafoo was sentenced to one hundred blows, and a fine of $2.00

A "Boy" Thief.

A remarkably bright and prepossessing lad of about 16 years of age was brought up for stealing a large number of articles from his foreign employer.  As it was elicited that he had had the character of a thief while serving previous masters, and as the present prosecutorial thought it probable that he would be able to influence the culprit to a full confession, the case was remanded.

Capture of an Escaped Prisoner.

   Another of the eight prisoners who escaped from the Louza Station a few nights since, was brought up, having been captured in the country some distance from Shanghai.  Six dollars were found on his person, which money he confessed to having stolen since he escaped.  He was sentenced to receive 200 blows on the spot, after which he was to return to jail to serve out his original sentence, the $6.00 being forfeited and forwarded as a subscription to the Hospital fund.

An Incorrigible.

   A thief who is afflicted with a monomania for stealing slower-pots, having been up on previous occasions for the same offence, was sentenced to eight months' imprisonment for stealing three flower-pots from the garden of a foreigner on the Bubbling Well Road.  He had sold the pots to a shop-keeper for sixty cash, who had in turn subsequently sold them for 420 cash.  As a knowing receiver of stolen property, the shopman was accordingly sentenced to a fortnight's imprisonment.

 

 

The North China Herald, 10 June 1879

MIXED COURT

Shanghai, 3rd June

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

Cruelty to a Pony.

   A mafoo was fined $2.00 for driving a pony in a vehicle, when the animal was suffering from a sore beneath the yoke.

The "Boy" Thief.

   The "boy" thief, before the court last week, was brought up ion remand, and sentenced to forty heavy blows on the hands (administered on the spot), and one months' imprisonment.

Damaging a Jinrikisha.

   A wretch was brought up for stealing the wheels, bolts, linch-pins, &c., from a jinrikisha which he found at night outside the door of its owner, and  sentenced to one month's cangue.

Robbing the Gods.

   A thief who evinces a strong partiality for "ribbing the gods," having been up on previous occasions for the same office,  was brought up for stealing certain articles in a neighbouring Joss-house, and sentenced to one month's cangue.

5th June.

Stealing Bamboo Fencing.

   Two boys, caught stealing bamboo fencing from the premiers of a foreigner in Broadway, received 20 blows each on their hands, given before the Court.

Public Gambling.

   A coupe of street gamblers were brought up for plying their vocation on the Canton Road.  Such a charge number of these gamblers had congregated on the street that the thoroughfare had become completely blocked.  A constable, upon walking up to ascertain the cause, succeeded in arresting two, all the others taking flight.  The culprits were sentenced to 80 blows each.

 

The North China Herald, 17 June 1879

MIXED COURT

Shanghai, 10th June

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

Thieves Well Punished.

   A thief was sentenced to 100 blows, for stealing a bed-cover from a house in the Tientsin Road.

   Another thief was convicted of breaking into the house No. 913, Broadway, and stealing therefrom three cotton beds, for which he was sentenced to twenty days' cangue.

   A third thief was convicted of having stolen several articles, of an aggregate value of $2.50, from the house No. 223, Quangse Road.  He was sentenced to 100 blows and to redeem the articles from the shop where he had pawned them.

11th June.

Before the Chinese Magistrate CHEN, and C.  F. R. ALLEN, Esq., British Assessor.

Shoplifting.

   An old soldier, a native of Honan, for sent to gaol for one month for stealing a rug from a store in the Honan Road.  An accomplice who aided in the committal of the theft is still at large.

Looting at a Fire.

   There was considerable looting at the fire in the city on Tuesday morning.  One of the thieves was apprehended in the Settlement with a large bundle, which he admitted he obtained from one of the burning houses.  He was this morning sentenced to one month's imprisonment.

Disputed Ownership of a Dog.

   A "boy" in foreign employ was summoned by a foreigner living on the Bubbling Wells Road, who sought to obtain from him a Pekinese dog, which he claimed as his property.  He lost the dig a few weeks ago, and discovering it in the possession of the defendant applied for it to be returned to him.  Defendant claimed that the dog belonged to him and refused to give it up.  It was now proved to the satisfaction of the Court that the dog belonged to the complainant, and defendant was ordered to hand it over to him.

12th June.

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

   The good government of the Settlements was forcibly illustrated by the appearance of but one case before the Court yesterday morning; and even this was a petty offence.  The offender had   stolen a small stick of wood from the premises on which the new Japanese Consulate-General is being built, and was sentenced to three days' cangue.

13th June

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

Assault.

   A native shopkeeper was charged with assaulting a woman who was his rival in business.  He had a shop in the Wuhu Road which he sold to her, and then opened another only three or four doors away. His new venture did not prove a profitable one, and he tried to make amends for his mistake by demanding $10 extra for the business he had sold his rival, who was   doing a lucrative trade.  She refused his demand, having paid the amount she bought the shop for, whereupon the prisoner became enraged and struck her a blow with a wooden stool over the eye, inflicting a rather seraphs wound, necessitating medical attendance.  Prisoner was immediately arrested, and before the Magistrate he had no excuse trio offer for his cowardly conduct.  He was sentenced to receive one hundred blows and to be imprisoned for one month.

14th June.

Before the Chinese Magistrate CHEN, and P. G. von MOLLENDORF, Esq., German Assessor.

Street Robbery.

   A daring looking native, who had previously been in trouble, was charges with stealing an umbrella from a Japanese woman.  Between seven and eight o'clock on the previous night prisoner snatched the umbrella from the prosecutrix on the Bund and decamped.  He was followed, and being confronted by a Municipal watchman he ran into the servant's quarters of a foreign boarding house, where he was captured, but by some means or other he had made away with the umbrella, which was not recovered.  He was sentenced to receive one hundred blows and to be imprisoned for two months.

A Bad Excuse.

   Early on Saturday morning a native constable watched the movements of a man whose suspicious manner attracted his attention.  He went first in one direction and then in another, and, having a bulky  waist, the constable eventually stopped him, and searching him found six balls of opium in his possession.  In answer to the constable he said the opium belonged to him and he was trying to avoid the lekin runners.  His explanation was no doubt feasible and consistent with his round-about course, but the constable took him to the Police Station, and further inquiries were made, resulting in the discovery that the prisoner had broken into a friend's house on the French Concession and stole the opium therefrom.  Before the Court he did not deny the theft, and was sentenced to receive one hundred blows and to be imprisoned for two months.

An Unwelcome Guest.

   A foreigner living on the confines of the Settlement has often been much annoyed by ponies turned out to graze breaking through his fences and damaging his tastefully laid out grounds, and on not a few occasions the owners of the animals have been brought before the Court and fined for allowing their ponies to stray, but apparently without any deterrent effect.

   On Friday evening the foreigner left his house for a short stroll and on returning lingered in the front garden.  While there he heard a peculiar thumping noise in the house, and on entering he was surprised to find that a fine specimen of the Chinese equine race had taken possession of his dining room and seemed quite at home.  The foreigner, no doubt thinking that discretion was the better part of valour, or at least that discretion might save his furniture and ornaments, welcomed him with the orthodox "Woo,Woo," followed by the hint "click, click," which the animal acknowledged by turning round and walking out of the room, along the passage, down the steps, and into the garden, with the air of a contented guest; and, what is more, his behaviour was so good that if he had taken his exit by the back door when he heard voices in the garden, his visit would have passed unnoticed, for nothing was broken and the carpet scarcely soiled.

   But, as it was, he had been caught in a gentleman's dining room, when uninvited, and was detailed for further inquiry.  The next morning two other ponies strayed into the garden, and the owners had to appear this morning at the Court and were each fined $2 - $6 in all, which the foreigner requested to be handed over as a donation to the native hospital.

 

The North China Herald, 8 July 1879

MIXED COURT

Shanghai, 1st July

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

   A boy, in foreign employ, was charged with stealing from his master a silk umbrella, valued at $5.  The case was remanded for further evidence.

   A case of considerable interest occupied the attention of the Court for over an hour this morning.  A fight had taken place on Friday last, near the lower limits of Hongkew, between the employees of two leading residents, the disturbance having arisen out of a matter of comparatively slight importance.  Each of the foreigners appeared before the court to represent the case in its several hearings, and the testimony of several important witnesses was taken, after which the case was adjourned till Thursday morning next for the appearance of other witnesses.

   An insane man as brought up for stuffing into the Municipal letter-pillars quantities of refuse papers which were produced for examination by the Curt.  The papers [roved to be nothing more than old newspapers, castaway envelopes, &c.  The offender, however, stoutly maintained that they were compositions in prose and poetry over which he had spent many years' labor, and which he wished to have preserved in the iron pillars.  A friend came forward and gave surety that the offender should not again interfere with the pillars, and the case was accordingly dismissed.

2nd July.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

   Two cargo boat men were charged with stealing seven packages of grass cloth while it was entrusted to their care.  The owner of the boat, an elderly woman, had been held responsible for the loss, which actuated her to take active steps to find the thieves, who were arrested in the neighbourhood of Soochow.  They admitted the theft, and were committed to gaol for three months each.

   A boy who had been engaged at a foreign hong as a substitute was charged with stealing a watch, two blankets, and some wearing apparel.  His master is at present in Hangchow, and though he admitted the theft he was remanded until his return.

     For stealing an incense burner, a native, who had not previously been convicted of theft, was sentenced to two months' imprisonment.

   A coolie from Tsung Island, at the mouth of the Hwang-poo river, was brought up on suspicion of stealing a breaking-in trap from a field abutting the Yangtsze-poo Road, under circumstances reported in our issue of yesterday.  The evidence did not being the theft home to him, and he was accordingly dismissed.

   A respectable native finding that another man had usurped his conjugal rights, fondled him with a club, cut off his queue, and then marched him off to the Police Station.  Chen thought the intruder had not been sufficiently punished, and ordered him to receive 100 blows. - Mr. Allen declined to interfere in the case.

Messrs. W. HEWETT and Co. v. WEI PO-LIN.

 This was a claim for Tls. 1,625 alleged to be due on a balance of account.  Defendant offered to pay Tls. 500 in settlement of the claim.

   Plaintiffs refused to accept this, saying defendant had offered them Tls. 800.

   It was a question of disputed accounts, and the case was adjourned, and will be fully gone into at H.M.'s Consulate today if mot amicably settled out of Court.

3rd July.

Before the Chinese Magistrate CHEN, and R. H. MACLAY, Esq., U.S. Assessor.

   A rogue was brought up for presenting at one of the Foreign banks an order for Tls. 1,000.00, he purporting to have been sent for the money by a w ell-known native banker.  Further enquiry on the part of the bank clerks, however, gave rise to the suspicion that the man was endeavouring to perpetrate a swindle and he was accordingly arrested.  Upon searching his person a beautiful gold bracelet came to light and he acknowledged having stolen it from a Corean who lives at No. 6, Yang-king-pang. 

   The Corean has been a mystery to the natives for some time past, many boldly affirming him to be a spy in certain dangerous interests.  He appears to have an unlimited supply of funds and is held in general fear by the suspicious Chinese.  He identified the bracelet in question as his, and it was accordingly handed over to him on his written receipt.  The Magistrate then handed him a secret despatch he had recently received from the high mandarins, bidding the Corean to peruse it and then return to his country immediately. 

   The Court then sentenced the would be bank-swindler to 200 blows, after infliction of which he was to be handed over to the District Magistrate to be further dealt with.

   The case of the assault committed on Friday last by a foreign resident's servants upon those of a another foreign, was brought to a conclusion, both foreigners interested in the case being present as well  as a large number of spectators.  The charge having been clearly substantiated, the three leaders in the assault were each sentenced to 200 blows and to be fined $15 as damages, to be paid over to the native who received a wound in his head during the fight.  The Court, further, charged the prisoners that they should be held responsible should the injured man become worse.

   A thief was sentenced to 100 blows and a month's cangue, for theft of sundry cooking utensils from a native house; and another to 60 blows for stealing a pair of trousers.

   Another one of the seven prisoners who escaped from the Louza Station on the night of 20th May last was brought before the Court, and sentenced to 200 blows and 6 months' imprisonment.

7th July.

Before the Chinese Magistrate CHEN, and C. F. R. ALLEN, Esq., British Assessor.

   A cargo boatman was remanded on a charge of theft from the steamer Europe, to afford an opportunity to arrest some accomplices.

   A second cook, employed at a foreign house on the Bubbling Well Road, for stealing an umbrella, a jacket, and $1,   from a fellow servant, was sent to gaol for three months.  It was his first offence.

   A "friend" who was in the habit of visiting a cook employed at a foreign store in the Settlement, admitted stealing five pawn-tickets, representing $18, belonging to his host, and he was committed to gaol for one month.

   A quartermaster belonging to one of the Northern steamers, who had failed to appear in answer to a summons, was brought up under a warrant for debt.  The plaintiff was an Indian who keeps a general store on the Yang-king-pang, and claimed $17 for goods supplied.  He first sued the defendant in the British Court, when defendant claimed to be a Dutchman, but on the Dutch consul being appealed to he refused to recognise him.  A summons w as then issued from the Mixed Court, which defendant did not obey, and a warrant was granted. He was arrested, but allowed bail on security being given for his appearance.  He admitted the debt and  said he had been unable to pay owing to the death id his son.  He was ordered to pay $5 per month until the  debt was cleared off.

   Two mafoos in the service of foreigners were charged on remand with kidnapping a boy.  The charge was instituted by another mafoo, who is also in foreign employ, and he alleged that the boy, who was his nephew, had been kidnapped by the prisoners and sent away in a steamer, where to he did not know.  When the prisoners were first before the Court they  denied the charge, saying the boy came to them destitute, that they took pity on him, provided him with food and clothing, and finally paid his passage home to Chinkiang, where, they said, he was living with his parents.  Complainant denied the truth of their statements and prisoners were  remanded to substantiate their story, bail being accepted for their appearance.  In the meantime one of them went to Chinkiang and now appeared in Court with the boy, his father, and two or three relatives, who denied the allegations of the complainant and confirmed the statement made by the prisoners.  The Magistrate reprimanded the complainant for bringing the charge, and ordered him to pay $16 for the expenses incurred by the prisoners, who were liberated.

   An elderly woman living in the Wuhu Road was brought before the Court under the following peculiar circumstances:- She was indebted to a  coal shop on the Yang-king-Pang Creek in the sum of $5, and she alleged that the shroff who called for payment, which she was unable to make, struck her on the stomach injuring her internally.  This was  said to have taken place on Sunday, and in the afternoon her friends carried her on a door to the coal shop and represented that she was dying from the injuries inflicted by the shroff, who, however, protested his innocence of the charge.  The police investigated the matter and found the woman's tale to be a fabrication. Still she remained on the door, and her friends obtaining no satisfaction carried her to the Police Station, where she moaned piteously and feigned to be dying.  From the Police Station she was removed to the Hospital, where the native doctor expressed his belief that she was in good health and not injured in the least, but still her friends persisted she was dying and she herself played her part very cleverly.  She was detained in the Hospital and left alone, but was watched.  Her  death throes, under these circumstances, soon left her, and she sat up on the door and looked round the room, but when told of this she was too ill to make any replay.  She remained on the door all night, but when told she would have to go to the Court, either on the door or walk, she preferred to  walk, and did so without any apparent fatigue.  She represented to the Court that she was very poor and unable to pay the coal dealer's bill.  The Court sympathised with her, and settled the case by deducting $2 from the bill, and the deceitful dame  walked out of Court with the greatest nonchalance, indicating that she was well satisfied with the extent to which her ruse had succeeded.

   There were other minor cases of theft and assault before the Court, of no interest to the general public.

 

 

The North China Herald, 15 July 1879

MIXED COURT

Shanghai, 8th July

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

   A native was fined twenty-five cents for breach of Municipal regulations in firing crackers in the Sungkiang Road.

   A coolie was charged by a foreigner with having stolen a portion of his verandah, but the case was dismissed for want of evidence.

   A fight in a Hongkew restaurant and a street-fight in the Canton Road were disposed of by sentence of those engaged to three and one day's imprisonment respectively.

   A fair young girl of eleven summers appeared before the Court with a charge of assault against a stalwart labourer.  Each had much to say, but the case was finally disposed of by order of the Court to have the defendant pay $1.00 as damages to the fair one.

9th July.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

   Messrs. Butterfield and Swire brought an action against the Chinese hong Kwang-yue to recover the sum of Tls. 235 for freight and duty paid on cargo.

   Defendant did not appear, and it was said he had absconded.

   Mr. PENFOLD, Superintendent of police, explained that he had recovered three letters addressed to the Kwang-yue firm.  These were opened by the Magistrate and were found to contain two native bank orders, payable at ten days' sight, for Tls. 480.  It had also been ascertained that two of the members of the Kwang-yue firm were in custody at the French Police Station.  The proprietor of the Paishan rice hong also appeared in Court and resented a claim against the Kwang-yue hong for Tls. 500.

   The Magistrate adjourned the case until Friday for the production of the two men from the French Police Station, and gave orders for the two bank orders to be presented for acceptance.

   For stealing two watches, some silk clothing and $5, from a native lodging-house, a respectable looking Chinaman was sentenced to six months' imprisonment.

   A coolie was sentenced to half a month's cangue for stealing fowls belonging to a foreigner.

10th July.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Assaults.

   A native overseer in the employ of the Municipal Council presented a charge of assault against a coolie who had until recently been under his orders, but who had lately been discharged for some misdemeanour.  The coolie had met the overseer near the Defence Creek, and had thrown him into the water, where he had lost his silver watch, and might have lost his life but for the arrival of timely assistance.  The Court took a grave view of the matter, and sentenced the offender to two months' hard labour in the "chain-gang."

   A jinrikisha coolie who had been entrusted with a package containing silk garments, &c., took occasion to "bolt" when the occupant of his vehicle left him alone for a moment in the Nanking Road; for which he was sentenced to 100 blows and three months cangue.

   Another jinrikisha coolie was charged with having stolen a parcel of effects that had been entrusted to his care for shipment by a steamer lying at the Shanghai and Hongkew Wharf; but the evidence showed that the coolie had accidentally  dropped the parcel from the gang-way into the rover.  The Court, accordingly, ordered him to pay $0.50  damages to the complainant.

   A  street loafer was sent to jail for seven days for appropriating a pair of shoes he found drying in a doorway.

   Another loafer was sent to jail for one month for stealing a silver bangle from a child that was amusing itself in the Tientsin Road.

   A respectably-attired native was brought up for stealing a silk gown and a jacket  from the lodging house No. 588, Shantung Road; but the case was remanded for production of further evidence.

11th July.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

   An employee in the Municipal Offices was brought up in custody under the following circumstances.  He obtained from the Municipal offices one of the tax collector's books and commenced collecting taxes on his own behalf.  In one instance he succeeded in obtaining $13.50  from a Chinese householder, but two others declined to pay him because he was not accompanied by a policeman in uniform.  Prisoner acknowledged the offence and was sentenced to a month's exposure in the cangue, to be followed by two months in the chain gang.

   Mr. A. Ferguson of "The Farm" appeared and lodged a complaint against nine of his servants, in regard to the number of empty bottles collected by them from customers.  He explained that during the last month he lost over 300 bottles, and that his servants declined to inform him who the customers were who had failed to return their bottles, and, in consequence, he cut the wages of nine of them to the anklet of $1 each.  These men in revenge, made a row and threatened to take away all the native servants at "The Farm," who number 41.  By the direction of the Magistrate the nine men were fetched to the Court, and after an investigation they agreed to draw up a list of the customers who had not returned their bottles, and Mr. Ferguson thereupon promised if they did so to pay their wages in full.

 

 

The North China Herald, 5 August 1879

MIXED COURT

Shanghai, 29th July

Before the Chinese Magistrate CHEN, and R. H. MACLAY Esq., U.S. Assessor.

Nuisance.

   A man, brought up by the police, was fined $0.25 for a nuisance committed in the Woosung Road.

Delinquency.

   A foreigner living in the Nanking Road some time since met his absconded compradore, and , after a sharp encounter with him (the Celestial being of powerful build), succeeded in securing him, when he handed him over to a native constable to be conducted to the Police Station.  On the way there, however, the compradore broke away from the constable and has not since been heard of.  The constable was, therefore, brought before the Court for punishment, as he had evidently been guilty of a considerable degree of carelessness with his charge; and sentence was passed for two weeks' imprisonment.

Assaults.

  A native of Hankow was brought up on the charge of cutting and wounding a Ningpo man.  It was elicited in the evidence that the latter party had become acquainted with the defendant and his wife while in Hankow, and had induced them to come to Shanghai to better their circumstances.  Upon arriving here the benefactor procured for him a situation as a carpenter, and for the wife a dubious position in an opium divan, mortgaging her to the proprietor for $15, and promising the husband a handsome return on the outlay.  The busyness, however, did not prove as lucrative as was anticipated, and, the husband naturally desiring to see his wife again, went to the opium divan to take possession of her, but was resisted by the Ningbo man, whom he then attacked with a cleaver, cutting him on the head with the weapon.  The evidence proved all concerned to be equally in the wrong, and the parties were accordingly dismissed with a reprimand.

Assaulting the Police.

   The lowdah of a foreign cargo-boat was charged by one of the native members of the Municipal police with having assaulted him while in the execution of his duties.  In order to guard against accidents, no boats are allowed to moor at nigh along the front of the pontoons scattered on the banks of the Whangpoo, but they are permitted to take up their position at either end or behind the pontoons.  The cargo-boat in question, having been moored contrary to regulations, a policeman walked up and directed the lowdah where to place his boat.  The latter not only refused to do as directed, but became abusive and finally assaulted the policeman, doing considerable damage to his uniform.  The Court, accordingly, sentenced the irascible lowdah to two weeks' imprisonment and to make good the damage.

30th July

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

Nuisance.

   On the complaint of two foreigners, one of whom addressed the Court in Chinese, the magistrate allowed a fortnight to the occupants of two houses in the Shantung Road to remove, and ordered them to give security for their good behaviour in the meantime.

Tailors at Variance.

   Nine tailors met at the tea-house attached to the native theatre in the Canton Road and had a general fight, smashing furniture of the value of $3.  They were ordered to be detained in custody until the amount of the damage done was paid.

Vagrancy.

   A small girl was brought before the Court charged with wandering about the stutterers.  She stated that she had run away from home because her uncle was about to sell her; and she threatened that if she were sold she would commit suicide.  The Magistrate gave her in charge of the matron of the Court, saying he would make further inquiries respecting her.  He promised the Assessor that he would see she was properly protected.

The Sinza Nuisance case.

   The thirteen inhabitants of Sinza, who complained a few days ago of the existence of a latrine in the centre of the village, again appeared in Court and were confronted with the owner of the alleged nuisance, who asserted that it had existed for two years.  Inspector Wilson said a portion of the nuisance had existed for a long time, bur recently there had been a new erection altogether, which was the one complained of.  The magistrate gave the owner the option of removing the latrine or having the matter investigated by the District Magistrate in the city.

31st July

Before the Chinese magistrate CHEN and P. G. Von MIOLLENDORF, Esq., German Assessor.

   There were no cases of public interest before this Court today.  Four natives were each fined 20 cents for nuisances; two beggars were sentenced to a week's imprisonment each for stealing bamboo fencing; a mafoo for working a horse with a sore on its shoulder was fined $2; a man for stealing a door in the Wuhu Road was sent to gaol for two weeks; and a native living in Hongkew was sentenced to receive 100 blows and to be cangued for one month for threatening to stab a man and his wife with whom he had a grievance.

1st August.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

The Sinza Nuisance Case.

   This case was before the court on Wednesday last, when the magistrate gave the owner of the latrine causing the nuisance the option of removing it or going before the District magistrate in the city.  Three of the thirteen persons who complained, it appears, went into the city on this decision being given, but the case did not come before the District Magistrate, and they went back to the Louza Police Station to ascertain why the owner had not been sent into the city. 

   It will be remembered that when the case was first before the Court, the Magistrate explained that Sinza was beyond his jurisdiction; and the police now suggested that the matter might be reported to the Municipal Council who would then perhaps communicate with the Consular body on the subject.  Mr. Allen said if the Council wrote him an official letter on the matter he would see that the Taotai was communicated with.

2nd Aug.

Before the Chinese magistrate CHEN and R. H. MACLAY, U.S. Assessor.

Nuisances.

   Two natives were brought up by the police for committing nuisances in the Woosung Road and Broadway, and were disposed of by a fine of 25 cents each.

Fighting.

   Two celestials engaged in a street fight over a matter representing a few cash.  After one had had his forehead cut open and the other had been well pounded, they arrested each other and proceeded to the Central Station, where both were locked up.  When brought before the Court, they professed penitence and came to an amicable settlement of their dispute.  The Court then reprimanded the offenders and dismissed the case.

Theft.

   A loafer was enjoying an afternoon walk along the Bubbling Well Road, when a pair of old shoes being sunned in a foreigner's garden hard by attracted his notice.  Apparently well satisfied that they would prove a good fit, he took charge of them, but was suddenly taken in charge  of by the ever watchful house-boy and handed over to the police.  He protested before the Court his innocence of any intent to steal, supposing that the shoes had been cast away as useless.  Sentence was passed for one day's imprisonment.

Assaults.

   A woman appeared with a charge of assault against two men, the misdemeanour having been committed in the Fuhkien Road.  The origin of the difficulty was of the usual nature - a dispute about cash.  After a protracted gearing, the offenders were ordered to pay $1.00 damages to the woman and a fine of 50 cents, to be carried to the Hospital Fund.

   There were three other cases of assault before the Court - one having taken place in the Foochow Road, one in the Miller Road, and one in the Chefoo Road.  The first was placed on remand until Tuesday, the 5th instant, for further investigation, and the other two were dismissed.

Street Disturbances.

   A native and a jinrikisha coolie were charged by the police with creating a disturbance in the Honan Road at three o'clock this morning.  At the hour named the officers on duty at the CENTRAL Station were attracted by a loud yelling for the police.  Upon arrival at the scene of the disturbance, a native was found tugging away at a jinrikisha coolie and endeavouring to hold him fast.  Both were placed under arrest and locked up for the rest of the night.  A lengthy investigation proved that the native had lent the jinrikisha coolie some money, and that the latter had declined to repay the amount and had for a considerable period succeeded in evading his creditor.  At the early hour above named the two chanced top meet, when the  row ensued.  The Court, accordingly, passed sentence of sixty blows on the jinrikisha coolie and one day's jail on the boisterous native.

 

 

The North China Herald, 2 September 1879

MIXED COURT

Shanghai, 25th August.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

A Dangerous Driver.

   A mafoo was brought up charged with running over a jinrikisha coolie, severely bruising his arm.  It also transpired that defendant, while driving on the wrong side of the road, damaged a carriage belonging to a foreigner, who complained to the police, but as he did not appear or send a representative, the charge was not entertained.  Defendant was reprimanded and ordered to pay $2 to the jinrikisha coolie.

Highway Robbery.

   Two men were charged with robbery under the following circumstances.  They met a German sailor at a public house, persuaded him to accompany them  down the Woosung railroad track, and when they got beyond the houses robbed him of a silver watch, some money, and a portion of his clothing.  The prisoners were remanded until Saturday next, in order that the case might be heard by the German Assessor.

Fowl Stealers in Trouble.

   Two men quarrelled in the street and one gave the other into custody.  At the police station the prisoner explained that they quarrelled about a stolen fowl; and further inquiries elicited the fact that they were both professional fowl stealers, each having a small bag of rice in his possession, with which they decoyed the fowls into the street to them.  They were each sentenced to three weeks' imprisonment.

26th Aug.

Before the Chinese Magistrate CHEN and R. H. MACLAy, Esq., U.S. Assessor.

Theft.

   Two thieves were sentenced to 100 blows each, the one for stealing some clothing from No. 548, North Szechuen Road, and the other for stealing a pocket-book from a Chinese gentleman at one of the Canton Road theatres.

Robbery.

   The jinrikisha coolie, charged with having robbed a British sailor, whom he had taken into the open country to the North of Old Ningpo Wharf in Hongkew, was brought up on remand from yesterday.  Of the ten sovereigns and several smaller coins of which he had robbed the sailor, the greater portion had been found; but the accomplices in the robbery had as yet evaded the police.  The Court deemed it advisable to place the case on remand for one week for the purpose of enabling the police, if possible, to ferret out the accomplices and to recover the remainder of the money; and order to that effect was, accordingly, given.

28th August.

Before R. H. MACLAY, Esq., Acting Magistrate.

    The Chinese Magistrate CHEN was absent the entire morning.  His Excellency the Provincial Judge, who is passing through Shanghai on his way to Nanking, having summoned him on important official business to the Canton Guild in the Ningpo Road, where his Excellency is stopping

Thefts.

   An old offender was charged with having stolen a gold ear-ring from an eleven-year old girl he found playing by herself in Kiukiang Road.  Having made good his booty, he was in the act of running away when chase was given by a Municipal constable and the offender captured.  Sentence was passed for 100 blows.

   A jinrikisha coolie was brought up for sunning away to Woosung with the jinrikisha he was hired to manipulate.  Having arrived at Woosung, he pawned the jinrikisha for $1.50 at a restaurant.  The Court ordered the offender to be given 100 blows and to be cangued for one week.

   An old offender was brought up on remand for having been caught in the dining-room of a well-known foreign resident withy the evident intention of theft.  The prisoner made a rambling and contradictory defence which only served to show that he was on the premises for no lawful purpose.  The Court, accordingly, passed sentence for three months' on the chain gang.

   A serious case was also brought up from Hongkew, the assault having occurred near the Seward Road Bridge.  The offender, a Ningpo man, had assaulted, severely days ago, a woman with a babe in her arms.  Both the woman and child were severely injured, and the life of the latter was for some time in a precarious condition.  As the case was of a serious nature, the Court decided to place it on remand until this morning next for further investigation.

 

 

The North China Herald, 9 September 1879

MIXED COURT.

Shanghai, 1st Sept.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

Messrs. HEWETT AND CO. v. WEI PAO-LIN.

   The Court had given judgment against the defendant for Tls. 1,489, and in default of payment he has been in gaol.  Today books were produced by Chu Tsung-fu to ascertain whether the defendant had two other partners in business.  The books, to the end of last year, were examined, and showed there was a running account between the defendant and two others, and Chu Tsung-fu stated that at the beginning of the present year he prepared a deed of partnership between these three persons, but whether it was executed or not he was unable to say.  Defendant denied that he had nay partners, or that a partnership deed existed.  The plaintiffs were told that unless they could produce the deed of partnership, or prove that a partnership existed in some other way, judgment would have to stand against the defendant alone.  Defendant was sent back to gaol until he could satisfy the judgment.

4th Sept.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Robberies.

   The case wherein two jinrikisha coolies had robed a British sailor about two weeks since was brought up this morning on remand.  The remaining one of the coolies had now been arrested, and all the sovereigns, &c., of which they had robbed the sailor, had been recovered through the exertions of the police with the exception of $20.55.  The Court, accordingly, ordered the proprietor of the jinrikisha hong to make good the $20.55, and sentenced the two robbers to nine months' hard labour each in the chain gang.

   An old foreign resident about a month since accidentally left his safe-key in his room when he went out on some business.  Upon his return he found that his safe had been ribbed of about $90.00 and that his boy had fled.  The boy having been recommended by the cook's friend, both these parties were brought before the Court.  The prosecutor asked the Assessor as to the best means of obtaining redress, and, the latter replied that the surety should be locked up in the Court gaol while the cook should be given a week in which to produce the boy and the money.  Order to that effect was, accordingly, given and the case placed on remand.

Thefts.

   A native was convicted of stealing some cooking utensils and farming implements from a house in the outskirts of Hongkew, and sentenced to 80 blows; while another who had stolen some carpenter's tools and clothing from a native house in the Shanse Road, was given 100 blows.

Breach of Municipal Regulations.

   A mafoo in foreign employ was charged with leading a pony through the streets for exercise in contravention of Municipal Regulations.  The offence was proved and the mafoo fined $2.00.

 

 

The North China Herald, 16 September 1879

MIXED COURT.

Shanghai, 8th Sept.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

GILMAN & CO. v. TING PING-CHAI.

   This w as a claim for non-fulfilment of contract dating back to 1874, when judgment was given against the defendant.  He now pleaded poverty.  The Magistrate told the defendant that he was instructed by the Taotai to make him pay.  He might make arrangements to pay Tls. 10,000 first, and then Tls. 10,000, or Tls. 5,000 first, and then Tls. 15,000 in instalments, but he must pay.  Defendant asked for twenty days within which he would send a friend to Messrs. Gilman & Co. to arrange matters.  The Magistrate grated twenty days accordingly.

Messrs. SAYLE & Co. v. SUN MING-SHAN & LI YI-CHUANG.

   In this case judgment was given in favour of the plaintiffs about two months ago.  Sun Ming-shan had paid his share of the debt, namely Tls. 100, while Li Yi-chuang is still in gaol.  His relations appeared in Court this morning and applied for his release on the ground that he was sick.  The Magistrate declined to release him until he had paid at least $100 of the amount of his debt, the total amount of which is $221.

Defrauding the Water Company.

   The Pootung Water Works Company accused two of their water cart drivers with embezzlement.  Nothing was provide against one of them and he was discharged; but it was shown that the other had collected a dollar's worth of tickets from customers and instead of handing them to his employers had sold them on his own account.  He was sentenced to a month in the chain gang.

Obstructing the Soochow Creek.

   The owner of the wood hong adjoining H.M.'s gaol was again summoned for obstructing the fairway of the Soochow Creek, by allowing wood to remain below low water mark.  He has been before the Court several times for a similar offence, and on the last occasion he was told that id he offended again he would be fined $10.  Notwithstanding this warning and in spite of the remonstrances of the police he had still allowed the obstruction to remain.  The Magistrate acted up to his word and ordered defendant to pay a fine of $10.

9th Sept.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Tea-Shop Noises.

   Two foreign residents in the Seward Road brought a charge of nuisance against the proprietor of a native tea-shop in the same road for keeping up such an unearthly din upon his premises that the neighbours have not been from nightmares for several weeks past.  The Court took compassion upon the complainants, who presented a wearied appearance, and warned the offender to keep his premises orderly throughout the day, and to have his establishment closed by ten o'clock every night.

10th Sept.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

Thefts.

   A Tientsin merchant who arrived in Shanghai on Tuesday, by the steamer Pingon, for the purpose of purchasing sundry articles for his Excellency Li Hing-chang and others, accused two touts of a lodging-house with stealing a box containing money and valuables of the total value of $370.  He explained that when he arrived by the steamer he entrusted twenty boxes to the care of the prisoners, and that when he got to the lodging-house there were only nineteen.  The prisoners solemnly asserted that they knew nothing about the missing box, and that they only took charge of nineteen.  The case was remanded for the attendance of the lodging-house keeper.

11th Sept.

Before the Chinese magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Drunk and Disorderly.

   The Police brought up two natives for being drunk and creating a disturbance in the Shanse Roads yesterday.  As the offenders committed no damage and professed penitence, the Court dismissed them with a reprimand, it being their first offence.

Assault.

   A coolie was charged with assaulting the proprietor of the native restaurant No. 287, Shantung Road. - The investigation of the case occupied considerable time, and it was elicited that the coolie had run up a long account with the proprietor, who wished the defendant to come to an early settlement.  The Court gave the offender a fixed period within which to pay up whist he owed, failing which he would be further dealt with.

 

The North China Herald, 23 September 1879

SUMMARY OF NEWS.

   R. H. MACLAY, Esq., has been requested to fill the post of Interpreter to the Consular Body and Acting German Assessor in the Mixed Court, owing to the departure of P. G. von Mollendorff, Esq., for Tientsin.  Mr. Maclay will continue to act in the above capacity until the arrival of Mr. von Mollendotff's successor at the port.   

 

The North China Herald, 11 December 1879

MIXED COURT

Shanghai, 9th Dec.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Assault.

   An aggravated case of assault took place some ten days since in a garden in the Foochow Road.  The complainant in the case was a gardener by calling, and had the care of the garden in question.  From the evidence it appeared that he had been much troubled recently by ponies in charge of a couple of mafoos living on the adjoining lots.  These animals would break through the fence and lay waste the old man's garden.  The complainant had frequently remonstrated with the mafoos, but they paid no attention to him.  On the occasion of the assault, some of the ponies had broken down the fence and commenced to devastate the premises, whereupon the aged gardener called his son to assist him in driving the animals away.  The mafoos then came forward, and, after a storm of reviling betwixt the parties, proceeded to thrash the complainant.  Not contented with this, they threw his son into a deep hole, where he was fortunate enough to escape drowning. The Magistrate upbraided the two prisoners for their tyrannical action and ordered them to pay the complainant $10 damages.

Thieves.

   A native was found guilty of stealing a garment from a Chinese lodging-house in the Fuhkien Road and was sent to gaol for one week.

   A Municipal Constable appeared against a fowl-thief, who had been caught stealing a couple of fowls from a native house near the old Railway Station.  The Court ordered the offender to be imprisoned for one week.

   Extensive alterations are in progress on the premises where Messrs. T. Weeks & Co.'s dry-goods establishment is located.  Taking advantage of the confusion caused by so many workmen, a passing rowdy snatched a plank with which he endeavoured to escape.  He was soon caught, however, and the Court now ordered him to be cangued for one month.

   A beggar yesterday made an attempt to steal a goatskin rug from a Chinese store on the Sung-kiang road.  The Court ordered him to be imprisoned a few days, and then to be sent back to Soochow, his native place.

Claim for Wages.

   Last Tuesday, a man who claimed to have been employed by the shroff of a foreign firm, as a watchman to guard against thieves on board the Company's cargo boats, brought a claim against the shroff in question for  wages yet unpaid.  The shroff admitted that he knew the man, and that the man had been a witness in his behalf at the Mixed Court on a previous occasion when one of the cargo boats had been robbed of a quantity of cargo; but he denied that he had ever engaged the services of the man.  The Assessor, accordingly, directed that the case should be placed on remand to enable both of the parties to bring the requisite witnesses, as neither party had come to Court with any.  The Assessor now enquired if the witnesses had been brought.

   The shroff said he could bring no witnesses, while the watchman said that he was to have had two in Court this morning, but that only one of them had, as yet, arrived.  The case was then proceeded with, and it was established that the plaintiff had been engaged on board the cargo boats as watchman, and that he had not been paid his wages by the shroff.  The latter did nothing more in defence of his case than to blindly contradict everything that was said by the plaintiff and his witnesses.  The Court decided that, as the fact of the plaintiff's having been employed on board the cargo boats had been established by the evidence adduced, the shroff should pay him $6.00.  The order was accordingly given and the money handed over.

 

The North China Herald, 17 October 1879

MIXED COURT.

Shanghai, 11th October.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., Acting German Assessor.

Thefts.

   The native who was sentenced to two months' imprisonment at last Thursday's session, he having got into the boy's room attached to the foreign house No. 34, Szechuen Road, and tripped over the sleeping boy while groping about in the darkness, was again brought up.  The police reported that they had since discovered that he had also stolen a quantity of clothing from the servants' quarters attached to a foreign hong near the building in which he was caught.  The Court, therefore, sentenced him to one month's cangue in addition to his previous sentence.

Pillaging.

   A Ningpo man was charged with pillaging a quantity of clothing from the burning building during the recent fire in the Foochow Road.  The charge was substantiated and the offender sentenced to half a month in the chain-gang.

Leaving Employ without notice.

   The Shanghai Horse Bazaar, through a foreigner, brought up a blacksmith for leaving their employ without notice.  The defendant had been paid his wages for September on the 6th instant, and on the following morning he suddenly disappeared.  A person was sent in search of him and he was finally found and locked up.  He told the Court that he left to go to Woosih to see his mother who was sick.  The Court asked why he had then remained in Shanghai so many days after leaving the Bazaar, to which he could give no answer. He was, accordingly, sentenced to forfeit the six days' wages in October and to be sent to gaol for three days.

14th Oct.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Thefts.

   A cabin boy belonging to the steamer Kiangteen, and a passenger by that vessel on her last trip from Ningpo, were brought up under the following circumstances.  Upon the arrival of the steamer, four days since, P.C. Braner, of the river police observed the prisoners on the point of leaving the vessel to go shore in a sampan, each of them having a heavy bundle in his arms.  He informed the mate, who stopped them, and found that one of the packages was wrapped up in a bed-sheet and the other in a coverlet, both being stamped as the property of the C.M.S.N. Company.  Upon opening the bundles they were found to contain two thousand Mexican dollars.  The evidence elicited showed that the prisoners had brought the money up from Ningpo without paying freight, and that the company had frequently been cheated out of its earnings in this manner.  The Court decided to remand the case till Thursday for further evidence to be adduced, the $2,000.00 being in the meantime placed in the Court Treasury, and the prisoner scent back to gaol.

   A native was convicted of stealing a pair of shoes and a silver bangle from a passenger on board the steamer Ningpo, and sentenced to one month in the chain-gang.

   The Captain of the steamer Deucalion appeared with a charge of theft against his cook's mate and a coolie employed on board his vessel.  It appeared that the captain yesterday noticed the prisoners carrying a basket of ashes ashore, the basket seeming to be very weighty.  He accordingly directed a man to go ashore and see the ashes emptied.  When this was done, six large iron fire-bars were discovered, the prisoners having stolen them from the galley.  The Court ordered the chief offender to be given 200 and the other 100 blows.

   The foreign watchman of a foreign hong, appeared with a charge of intent to steal against a Ningpo man.  The prisoner, it appeared, had gone into the carriage-house on the premises, and went through a varied series of light-fingered manipulations.  All this time (about half an hour) he was being closely watched by the watchman who was looking at him through the blinds of his watch-house.  When the right moment had arrived, the watchman came out and took the affrighted man in charge.  The Court sentenced the offender to one month's cangue.

   An old thief, whose name has long figured conspicuously on the Police Charge Sheets,  was brought up for stealing a blanket and some rice-baskets from the premises of a foreign hong in the Canton Road.  The Court gave the prisoner a sound lecture and ordered him to be placed in the chain-gang for one year to keep him pout of mischief.

Breach of Regulations.

   Three coolies were arrested yesterday for recklessly rushing a hand-cart loaded with bamboo over the Garden Bridge, in contravention of Municipal regulations.  The Court fined the prisoners $1.00 for the offence.

 

 

The North China Herald, 7 November 1879

MIXED COURT.

Shanghai, 30th Oct.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Cowardly Assault.

   A strong young rowdy was charged by an old man, sixty-seven years of age, with having assaulted him in a cowardly manner and pulling out q large handful of his grey beard, in the tea-shop, No. 263, Peking Road.  The complainant produced half of his beard from a paper parcel in his pocket.  The Court thought the Che-hsien would be better able to deal with the offender, and he was accordingly ordered to be sent into the city.

   The usual list of civil and other cases then followed, but were of no special interest.

 

 

The North China Herald, 14 November 1879

LAW REPORTS.

MIXED COURT. 

Shanghai, 11th Oct.

   An old man brought up his son for assaulting him in his house, No. 211, Nanking Road.  The son, who is about thirty years old, was an old opium-smoker, and had been living on his father for some time past.  He has latterly been demanding from his sire more money than he was able to furnish for his luxurious habits.  The old man therefore stopped payment, and hence the assault.  The complainant, however, said that he did not wish to have his son punished, but merely warned to conduct himself properly in future.  The Magistrate, accordingly, upbraided the prisoner, and warned him that a reoccurrence of the offence would call for severe punishment.

Theft.

   A respectably dressed Chinese was brought in by the police for having stolen $20.00 in money together with a quantity of valuable Chinese clothing from the native lodging-house No. 72, Canton Road.  The evidence was in some points contradictory, but the prisoner admitted that he had stolen most of the articles.  The Court, accordingly, sentenced him to 200 blows and two month's' cangue.

   The other criminal and civil cases before the Court were of an uninteresting nature, and were disposed of in the usual manner.

13th Nov.

Elopement.

   A case of "infelicity in high life" came up from Pootung this morning.  A lady, whose husband had died, mysteriously disappeared some time ago, and her whereabouts have up to the present time been unknown.  The young widow's uncle now appeared as prosecutor against a native constable in the Municipal employ who had been on terms of intimacy with the family.  The uncle had been absent from home for about five years, and had just returned.  The delay in taking action he assigned to his absence from the scene.  Lengthy petitions were filed by both the parties, and much time was spent in the investigation; but the prosecutor failed to establish his charge, and the case was accordingly dismissed.

Theft.

   A light-fingered thief was yesterday passing by a native shop in the Fuhkien Road, when he chanced to observe three pairs of stockings lying on the counter.  He snatched them and fled down the street.  The shop-keeper pursued and caught him.  The offender was locked up in the station and the goods returned to their rightful owner.  The Court ordered that the thief should receive eighty blows and be sent to gaol for one month.

   The wife of the notorious gambler, Kao Chia-ch'un, presented a petition begging for the release of her husband; but the Assessor refused to allow the document to be filed, telling her that the prisoner would have to serve out his year in the chain-gang.

 

 

The North China Herald, 5 December 1879

MIXED COURT.

Shanghai, 27th Nov.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Cowardly Assault.

   A young woman, residing in a house of bad repute in the Fuhkien Road, appeared to prosecute a young native for having assaulted her.  It seemed that the man had gone to the house in question and demanded of the prosecutrix a certain sum of money which he claimed she owed him.  She denied all knowledge of the debt., whereupon an altercation ensued, in the course of which he struck her.  A lengthy investigation failed to throw any fresh light on the case, and it was therefore remanded until the afternoon session to give the defendant an opportunity of substantiating his charge of indebtedness, which the prosecutrix claimed had been trumped up merely with a view to extorting money from her.

An Unfortunate Tailor.

   A native tailor who occupies the upper-storey of a house recently had a quantity of clothing stolen by some one who came up stairs at night through the trap-door.  The lower portion of the house was occupied by two of the tailor's friends; and, not knowing whom else to have arrested, the tailor had them brought before the court on suspicion of being the guilty parties.  The tailor claimed that the robbery had been committed about 9 o'clock in the evening, but the defendants swore they were sound asleep at the time specified, and knew nothing of the matter until aroused by the plaintiff.  The Assessor told the Magistrate that more proof would have to be brought before the defendants could be convicted.  The case was, accordingly, remanded till Saturday next to give the tailor time for bringing forward positive evidence.

Thefts.

   A Cantonese pauper was brought before the Court by a constable for having stolen five Japanese coffee kettles.  The offender admitted that he had committed the offence, but claimed that he had been driven to theft through starvation.  The Court ordered him to be handed over to the Canton Guild for banishment to Canton.

   A coolie, lounging about the Shanghai and Hongkew Wharf, and quite at a loss for something more convenient to steal, finally decided to appropriate to himself a huge bar of pig iron.  It is needless to mention, however, that he was noticed and arrested.  The Court ordered him to be cangued for one week.

Desertion.

   A Chinese  sailor was charged with having deserted from the British schooner Willie.  It appeared from the evidence that the prisoner had shipped at the monthly ages of $12.00; that he had received one month's wages in advance; and that he had deserted after having been on board only four or five days.  The offender said he wanted his discharge from the vessel, to which the Captain assented.  The Court then ordered that he should return to the vessel within three days the entire amount of $12.00 wages received and be discharged from the ship.

Cargo-boats in trouble again.

   A native, who claimed to have been employed by a foreign firm's shroff in the capacity of watchman to guard against the swarms of thieves who appear to infest their cargo-boats, sued the company's shroff for wages for over a month which he claimed to be due him.  A clerk of the firm, who was present to defend the shroff, said that the company owed the man nothing, but that he was  ignorant as to any relations between the shroff and the plaintiff. The Assessor decided that the case must be placed on remand until Thursday next, as neither party appeared to have come before the Court with the idea that any witnesses were necessary; and an order to that effect was accordingly given.

 

The North China Herald, 11 December 1879

LAW REPORTS.

CIVIL SUMMARY COURT.

Before H. S. WILKINSON, Esq.

Messrs. LLEWELLYN and Co. v. H. D. WOLFE.

   Defendant appeared in answer to a summons to show cause why he had not complied with a judgment of the Court obtained against him by the plaintiffs for $33.60 on the 9th July, 1877.

   Defendant was sworn and examined at considerable length by his Honour and Mr. Bradfield, of Messrs. Llewellyn and Co., as to his income since the judgment was obtained, and he denied that he had ever been in a position to pay.  All the money he had received had been spent for his board and clothing and was still in debt in this respect, but he hoped to obtain a good situation after the Chinese New Year when Messrs Llewellyn and Co. should be paid.  He had kept no accounts of the moneys he had received and paid away, but if the case was adjourned till the Chinese New Year he promised to do so in the meantime.

   The summons was adjourned until the 1st of March.

   Mr. Bradfield did not require security for the defendant to remain in Shanghai.

9th Dec.

TAI HSIAO-TUNG v. JAMES EDWARD WILLIAMS.

   The plaintiff brought a suit against the defendant, who is master of the British steamer Chefoo, to recover $14, the balance of wages alleged to be due to him on the 30th September.

   Plaintiff, in support of his claim, handed in a list of various sums that he had received at different times from Captain Williams.  The latter could not state whether these various items were correct or not.  The plaintiff being sworn stated that he entered the service of the defendant on the 17th April and left it on the 30th September.  On the defendant being asked if he had any questions to put, he said that he had made a bargain with the "boy" by which he was to pay him $10 per month when he (the defendant) was in Shanghai, and $8 per month when he was absent.   Captain Williams repeated this statement when sworn, but could not tell what length of time he had been in Shanghai, or how long he had been absent.  In reply to a question from his Honour, as to what occurred when the plaintiff was dismissed, he replied that the boy said that he ought to have a little more money; that he went into the account and paid him fairly what he owed him, admitting, however, that he depended chiefly on the man's own account as to how much was due him.  The plaintiff, recalled, said that he had claimed $14 when dismissed.  This the defendant denied, saying that he had wished for more money, but had not named any sum.  The plaintiff, in answer to a question, denied the existence of any bargain in which $8 was mentioned, and no evidence was put forward to meet this denial.

   Judgment was given for the plaintiff for $13.33, and $3 costs to be paid forthwith.

 

The North China Herald, 18 December 1879

MIXED COURT.

Shanghai, 11th Dec.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

Thieves.

   The keeper of a shamshoo shop in the Foochow Road has been in the habit, from pure benevolence, of lighting a portion of the street with a glass lantern, owing doubtless to the bad gas supplied in the Settlements.  A native renegade was wicked enough to steal this lantern, but he was caught; and the Court now ordered him to be cangued for one week.

Gambling.

 The police yesterday pounced upon a gambling-den (No. 505, Woo-hoo road), but found only the proprietor and seven coolies gambling at the time.  They all proved to be poor people and incapable of paying heavy fines.  The headman was, accordingly, fined 410.00, and the others $7.00; in default of which the offenders are to be kept in gaol for one week.

Assault.

   A Ningpo man was brought up for assaulting his mother and brother in the family residence in the Fuhkien Road.  The brother had fared by far the worse of the two complainants.  Nearly the whole of his hair had been nearly pulled out by the roots and one of his fingers had been nearly bitten off by the prisoner.  The dispute had arisen through disagreement as to contributing to the support of their mother.  The offender was given 80 blows and ordered to contribute in future $1.00 per month towards the support of his mother.

Drunk and Creating a Disturbance.

   An old man of seventy winters was brought up for the above offence.  It appears that he has a son in the employ of Mr. Ashley, as mafoo, at his residence in Hanbury Road.  Some one had told the patriarchal gentleman that his son had recently received a gratuity of $80 from his master, and he considered that he had a right to a share in the money.  With this object in view, he had a number of drinks and then went to find his son.  They met on Mr. Ashley's premises and an altercation ensued.  It subsequently turned out, however, that the whole affair was a joke perpetrated on the aged man.  The Court warned him against repeating the offence in future, and dismissed the case.

Shanghai, 16th Dec.

Theft.

   A Cantonese was found guilty on two separate charges; one for breaking into a blacksmith's shop in Broadway, and stealing therefrom an anvil and an adze, and the other for breaking into the adjoining house (a carpenter's shop) and stealing four planes and a saw.  He had sold these articles to two other parties who had also been arrested and brought up as "receivers."  The investigation, however, failed to establish that these two men were aware that they were purchasing stolen property, and they were accordingly discharged.  The Cantonese was then sentenced to 100 blows and two months' imprisonment.

False Pretences.

   A native was brought up charged with a serious case of obtaining money under false pretences.  He had made a quantity of tickets purporting to have been issued by the Municipal Council through Inspector Wilson of the Louza Station.  The scoundrel had not only made use of the name of Mr. Wilson on the tickets, but had Council seals made in Chinese for affixing to the tickets.  Thus provided, he sallied forth and succeeded in collecting from a rice-shop, a pawn-shop, and a tobacco-shop (all in the Fuhkien Road) the sum of 300 cash.  At the fourth place he called, his veracity was suspected, and the wary storekeeper went to the Louza Station to ask for information.  Inspector Wilson immediately despatched detectives, who found  the offender busily engaged endeavouring to collect some money from still another store on the strength of the forge tickets.  Having no other alternative, the man made a full confession of guilt.  The Assessor insisted that the prisoner should be made a severe example of, as the principle involved was of great importance, but the Magistrate was disposed to deal with him leniently, as he had succeeded in swindling to the extent of 300 cash only.  The Magistrate finally yielded to the Assessor's views, however, and the prisoner was sentenced to one year's hard labour in the chain-gang.

 

The North China Herald, 31 December 1879

MIXED COURT.

Shanghai, 23rd Dec.

Before the Chinese Magistrate CHEN and R. H. MACLAY, Esq., U.S. Assessor.

   There was a long calendar of twenty-three cases disposed of at this morning's session of the Court.  Twelve of the number were cases of thefts; six, assaults, one embezzlement and absconding; one, kidnapping; two, civil cases; and one, jail-breaking.

   With the exception of the jail-breaking, none of the above were of any special interest.  This case occurred at about eight o'clock last Saturday evening.  A brother of one of the prisoners at the Central Station succeeded in passing a saw into one of the cells in which five convicts were confined.  With this implement one of the bars was sawed through, and the escape effected.  Four of the convicts were under a sentence of two years each in the chain-gang, and the fifth one was under a sentence of one year.  One of the convicts was shortly afterwards recaptured, together with the boy who had passed the saw into the cell, and both of them were now brought before the Court.  The recaptured convict was given 200 blows, and ordered to serve out his original sentence, while the boy was locked up pending the arrest of the other four jail-breakers, who will doubtless soon be found.

29th December.

Before the Chinese Magistrate CHEN and C. F. R. ALLEN, Esq., British Assessor.

Thefts.

   A mafoo in the employ of a foreigner was charged with stealing a blanket.  On the 26th instant the blanket was missed, and on the 28th prisoner accidentally dropped a pawn ticket which was picked up by the head mafoo, who at once discovered that it related to the missing blanket.  Prisoner made no defence and was sentenced to a month's work in the chain-gang.

   For stealing two steel punches and some iron bearings from Messrs. Boyd and Co., a coolie was sent to gaol for three months; and a blacksmith who gave $1 for the stolen property, when its real value was between twenty and thirty dollars, was ordered to pay a fine of $10 and costs.

  A man who had been three times previously convicted of theft was sentenced to  four months' imprisonment for stealing a pair of shoes and two candlesticks.

   A Shantung boatman, for stealing a wooden mooring hook, wad committed to gaol for one month.

Gambling.

  Two men were charged with keeping  gambling stalls.  The offences were proved by the police.  One of the prisoners had elaborate appliances for carrying on his nefarious occupation, and he was sentenced to three months' imprisonment, while the other escaped with one month's imprisonment.

Kidnapping.

   Two countrymen were accused of kidnapping a small child from the village of Ching-tsze, which is about thirty miles distant from Shanghai.  The evidence was incomplete and they were remanded for further investigation.

Assaults.

   There were two cases of assault disposed of. And in each the defendant was ordered to pay five dollars to the person assaulted.  In one case the defendant stabbed the complainant on the arm with a chisel, and in the other the defendant broke a basin on the complainant's head.

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