Skip to Content

Colonial Cases

Mixed Court China 1880

The North China Herald, 15 January 1880

MIXED COURT.

Shanghai, 8th Jan.

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

A hardened Criminal.

   Among the cases disposed of by the Court this morning, there was only one of any special interest.  A Chinese scoundrel had been sentenced, about seven months since, to one year's servitude in the chain-gang for having committed a robbery from the French Bank.  He had not been in the gang long before he became ill and had to be sent to the Hospital.  Under skilful treatment he had nearly recovered, when one day he suddenly disappeared after stealing a number of articles belonging to the Hospital.  The police subsequently found him, and the Court now sentenced him to 100 blows, to five months' servitude in the chain-gang, and then to another 100 blows.

12th Jan.

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

Cantonese Gamblers and the Police.

   There were twenty-one cases down for hearing today, but the majority of them were devoid of public interest.  The most important case was one in which three men were charged with gambling and threatening the police.  On Saturday last a party of four or five native policemen, in plain clothes, went into the country on the Hongkew side to search for some clothes that had been stolen from a washerwoman.  In passing a house standing alone in a field they unexpectedly came across a gang of about twenty Cantonese gamblers, actively engaged in their nefarious occupation, and all mire or less armed with bludgeons.  Recognising the policemen, and doubtless concluding that they were in search of them, they raised the cry to attack them.  The policemen, being only four to twenty, deemed it advisable to retrace their steps, and they hurried back to Hongkew Police Station.  Their number was increased by some foreign and native constables, and they returned to the house where they had left the gamblers, who it is needless to say had gone elsewhere.  They arrested the landlord, who is a Shanghai man, one Cantonese who was recognised as one of the gang, and a countryman.  The materials for gambling were found in the house, and they were seized and produced in Court.

    The foregoing facts having been proved, the landlord was ordered to pay a fine of $200 or in default of payment to work six months in the chain-gang.  His house was also ordered to be closed.  The Cantonese was sentenced to one hundred blows and three months' imprisonment, and to be followed by deportation to Canton.  The unfortunate countryman was fined $1 or in default seven days' imprisonment.

 

The North China Herald, 29 January 1880

MIXED COURT.

Shanghai, 22nd Jan.

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

Thefts.

   There were a number of cases of petty thefts, of no special interest, disposed of this morning.   One case, however, was of considerable importance.  A young Chinese of respectable appearance was prosecuted by the proprietress of three native hoses of established character with having stolen from their premises a large quantity of jewellery, clothing, etc.  Suspicion latterly, however, began to point toward him, and he was arrested.  A quantity of the missing goods were found, while a number of pawn-tickets representing the remainder were discovered on his person.  The rascal was given 200 blows and sent to the chain gang for three months.

Destroying Public Property.

   Two coolies were engaged yesterday in recklessly running a hand-cart over the Garden Bridge.  A policeman warned them to stop, but they laughed and went on.  A moment later, the cart swung suddenly to the left, knocked a portion of the bridge-railing into the river and shattered the glass of one of the lamp-posts.  The total damage amounted to $4, which sum the Court ordered the offenders to make good, the police in the meantime to hold the cart as security.

27th Jan.

   An opium-smoker yesterday had an altercation with a coolie and a small boy in an opium-divan in the Fuhkien Road.  He cut the coolie's head in two places, and bit the boy's hand.  The Court ordered him to pay the complainants $3 damages.

Thefts.

   Thieves have, during the past several months, selected the Astor House for the scene of their depredations.  Several who have been caught have already been dealt with.  A waiter and a coolie have recently been suspected and were therefore arrested.  Upon searching their houses, a quantity of the stolen goods were discovered.  The coolie proved to be an old thief had had on a former occasions served three months in the chain-gang.  The Court now sentenced him to 100 blows, another three months in the gang, while the boy was given 40 blows.

   A few night s since Commander Johnson of the U.S.S. Ashuelot had stolen from his room a gold watch and chain and several gold trinkets, of a total value of $300.  Suspicion pointed to the Commander's boy who alone was supposed to have access to the room at night.  The boy, however, positively denied the theft, but admitted having on one occasion stolen from his master's cash box $3.00 ! The pollute have searched through all the pawn-shops, but without success.  The Court ordered the boy to be locked up on remand till Thursday, pending production of further evidence.

 

The North China Herald, 5 February 1880

MIXED COURT

Shanghai, 28th Jan.

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

Theft.

   Four youthful offenders were charged with stealing a jacket.  They persuaded a well-dressed little boy to accompany them to see some "sights," and when they got him away they divested him of the jacket.  Two of the prisoners had been in trouble before, and they were each sentenced to six months' imprisonment in the Municipal gaol, with instructions to the Inspector of police to keep them employed in cleaning the cells and in other similar work.  The other two prisoners were sent to the refuge at Sinza, where they are to stay until their friends can be communicated with.

Training a Boy to Steal.

   A Hupeh man was charged, on remand, with picking pockets in an auction room.  He was believed to have been associated with a boy who was commuted to gaol on Saturday last for a similar offence, and the boy was now brought up to give evidence against him.  In the presence of the man the boy was afraid to speak.  The man was removed and then he admitted that he had been trained to steal by him.  The Magistrate demanded ocular proof of his ability to steal.  With this object in view one of the servants attached to the court placed a watch in his girdle, and the boy, standing close to him, passed his left hand under his right arm,. Which he held in front of him, and got possession of the watch so cleverly that its owner and the spectators did not know it had been removed.  The man was then brought back into Court and sentenced to nine months' imprisonment, and the bony was also sent back to the cells.

29th Jan.

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

Fighting.

   An extraordinary fight occurred yesterday between two natives in the Taiwan Road, over no greater an item than six cash.  Hey were locked up in a cell, where they came to an understanding regarding their financial complications.  The Court deemed that twenty-four hours in gaol was ample punishment, and, therefore, discharged them with a caution.

Thieving.

    A wheelbarrow coolie had the good fortune to be engaged yesterday by a Chinese trader, to convey a quantity of merchandise to a distant part of the settlements.  The trader gravelled with his freight, but chanced to meet on the way a feting with whom he stopped to talk.  The carrier proceeded and soon vanished from sight.  Later on, a policeman was attracted by his guilty actions and took him to the station.  Here the offender found the trader lodging a complaint against him, and a warm greeting took place.  The Court gave the offender 100 blows and ordered him top pay a fine in the value of the sum of the value of the goods he had attempted to steal.

   There were several other cases but of no general interest.  There were also a large number of cases brought up on remand, but mist of them was placed on remand again till next Tuesday.

3rd February.

House-breaking.

   A native was brought up on the charge of breaking the lock from the door of the watchman's room in a Chinese theatre with intent to steal.  The prosecutor, however, did not appear, and the case was accordingly dismissed.

Assault.

   A constable arrested two jinrikisha coolies whom he found fighting in the Fuhkien Road yesterday.  The evidence showed that one of them had assaulted the other and given him a "black eye."  The Court ordered the offender to gaol for three days.

Firing Crackers.

   Two adepts in the never-ending native amusement of cracker-firing were fined $0.50 for violation of the nuisance ordinance relating thereto.

Theft.

   A thief of old standing was convicted of stealing a number of garments, chairs, lamps, &c., from No. 254, Shantung Road.  He pawned the articles, sold the pawn-tickets, and had used up all the proceeds of this lucrative transaction.  The Court gave him 100 blows and placed him in the cangue for one month.

4th Feb.

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

A Suspicious Character.

   An old thief was found in the stable belonging to a foreigner, and being unable to give a satisfactory account of himself it was concluded he was there for an unlawful purpose.  He was sentenced to three months' work in the chain gang as a rogue and vagabond.

Assault.

   A mafoo in the service of a foreigner, living on the Bubbling Well Road, charged a man with assaulting him.  Complainant alleged that the prisoner struck him on the arm with an iron bar and exhibited his arm which was much discoloured and swollen.  Prisoner denied all knowledge of the affair, and said it was a case of mistaken identity.  He was remanded for further inquiries.

Firing Crackers.

   Three persons were each fined 20 cents for firing crackers in the street.  One of them paid his fine immediately and managed to get safely out of the Court before it was discovered that the coin he had tendered was a brass one.

 

The North China Herald, 12 February 1880

MIXED COURT.

Shanghai, 5th Feb.

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

   In the calendar before the Court this morning there were only one or two cases of any interest:-

Theft.

   Six Chinese complainants appeared against one old native thief with six separate charges of theft committed during the past two months.  The stolen goods were brought to Court and were of the most varied character.  The prisoner pleaded guilty, and was sentenced to 100 blows and six months in the chain-gang.

Drunkenness.

   About 5 'clock this morning a constable stumbled over something in the street.  Upon closer inspection, he discovered the obstruction to be a native in a drunken and incapable condition.  His hat and shoes had been stolen, he was covered with mud, and he had fallen down somewhere and cut his face in a number of places.  In this condition, and with irregular steps, he came before the court.  Hr swore he had never been drunk before, and the court then dismissed him with a warning.

 

The North China Herald, 19 February 1880

MIXED COURT.

Shanghai, 17th February.

Before R. F. MACLAY, Esq., U.S. Assessor and Acting Chinese MAGISTRATE.

   Chen, the Chinese Magistrate of the Court, proceeded to the provincial capital with the Taotai on Saturday evening last on official business.  Mr. Maclay, therefore, acted as Magistrate today, and disposed of the calendar of cases, amongst which the two following were the only ones of any interest:-

Gambling.

   A municipal constable yesterday discovered a party of gamblers plying their vocation in Sungkiang Road.  The gamblers fled and the constable only succeeded in arresting one of their number.  The prisoner denied having participated in the gambling, although the usual gambling appliances were found on his person; and he stated that he did not know the names or whereabouts of the other gamblers.  The Court ordered him to be exposed in the cangue for half a month.

Thefts.

   The proprietor of a jinrikisha hong had stolen from his house No. 141, Hoopeh Road, by one of his jinrikisha coolies, several articles of clothing and a silver watch and chain.  The prisoner admitted the theft and confessed that he had pawned the goods at three pawn-shops in the Settlements.  The proceeds he claimed to have lost, so he was unable to redeem the articles !  The Court ordered him to be given 150 blows, which were vigorously given on the spot.

 

The North China Herald, 11 March 1880

MIXED COURT

Shanghai, 2nd March.

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

Theft.

   A thief of long repute was brought up by the police on three charges, the first being a theft of two opium pipes from the opium-divan No. 589, Peking Road, the second a theft of one opium-pipe from another divan at No. 146, Tientsin Road, and the third a theft of a bed quilt from No. 150, Hankow Road.  The prisoner proved guilty on each of the charges, and was ordered to the chain gang for four months.

Desperate Assault.

   A Cantonese villain was requested by a native yesterday on the Hankow Road to return a loan of $2.00 that had been made a long time since to him.  The Cantonese refused payment, shouted out in an excited manner, and finally stabbed the native with a dangerous-looking knife which was shown the Court.  The wounded man was conveyed without delay to the Shantung Road Hospitals for treatment.  The Magistrate wished to send the prisoner into the City for examination by the District Magistrate.  Mr. Maclay refused to allow this course to be adopted, however, unless the man's injuries proved fatal; he desired the caser to be placed on remand for two weeks pending a report as to the nature of the wounds.  If the man progressed favourably, he wished the prisoner dealt with summarily by the court without reference to the city authorities.  The Magistrate agreed to this course, and the prisoner was then locked up on remand for two weeks.

8th March, 1880.

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

   There was a long list of cases down for hearing this morning, but the majority of them were of an interesting nature.  The most important case was one in which the compradore of the Hongkew Wharf, together with the No. 1 godown-keeper and some collies are charged with misappropriating cargo placed under their care.  The case has previously been before the Court in a preliminary manner, and we understand the compradore has now assumed the whole responsibility, and he was the only one of the accused brought up this morning.

   Mr. R. E. WAINEWRIGHT appeared, and informed the Court that he had been instructed to conduct the case as Counsel for the compradore.

    Mr. ALLEN, the assessor, told Mr. Wainewright that his instructions were to leave the Court and not sit as Assessor in any case in which he or Mr. Drummond appeared as counsel.

   Mr. WAINEWRIGHT asked if this had a personal reference.

   Mr. ALLEN said he had no personal feeling in the matter, and repeated what his instructions were, as given above.

   Mr. WAINEWRIGHT presumed that this course of action had reference to the Swatow guild case.  It was his intention, however, to have the compradore properly defended if possible, and he could put the matter in the hands of another lawyer - there were more than one or two of them in Shanghai.

   Mr. ALLEN said Mr. Wainewright could write to Mr. Davenport to confirm his statement, if he thought fit to do so.

   Mr. WAINEWRIGHT replied that he might perhaps communicate with a higher authority.

   It was decided that the case should be adjourned until two o'clock the following day, the defendant in the meantime to be released on the security of the owner of a native tea hong, and a naive bank.

Thefts.

   A coolie who had been temporarily employed in the kitchen of the Shanghai Club was sentenced to three weeks' imprisonment for stealing a silver spoon.

Assaults.

   A coolie in foreign employ was fined $4 for hitting his master on the hand in the courser of a dispute between them.

   A coolie was accused of cutting and wounding a countryman with a chopper.  Prisoner wanted the complainant to give him some rice, which he refused; whereupon prisoner struck him on the head with a chopper, inflicting a rather serious wound.  Prisoner also threatened with the implement the policeman who affected him.  Prisoner was sentenced to 100 blows, and to pay $3 compensation to the wounded man; in default to be exposed for one month in the chain-gang.

9th March.

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

Jail-breaking.

   Another of the gang of five criminals who succeeded in breaking out of their cell at the Central Police Station during the night of 20th December last was caught by the Municipal detectives yesterday, and brought before the court this morning.  Mr. Maclay told Chen that he wished the man made an example of, and that he ought to be made to serve in the chain-gang for two years.  Chen expressed himself as being of the same opinion, and the prisoner was then ordered to the gang for two years.  Inspector Fowler, to whose energy the authorities owe the re-capture of the prisoner, further informed the Court that the man had given certain information which it was hoped would soon lead to the re-capture of the two remaining jail-breakers who are still at large.

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

   A special sitting was held in the afternoon for the hearing of the charge against the compradore of the Hongkew Wharf.  The case was before the court on the previous day, when Mr. R. E. Wainewright intimated that he had been instructed as Counsel for the accused, whereupon Mr. Allen, the British Assessor, told him that he had received instructions to leave the Court, and not sit as Assessor in any case in which he or Mr. Drummond appeared; and the proceedings in consequence were adjourned until this afternoon.  Mr. Hannen and Mr. Wainewright were present in Court when the Magistrate and Mr. Allen took their seats at the table.

   Mr. ALLEN opened the proceedings by asking for the plaintiff in the case.

   Mr. HANNEN - I appear on behalf of the Hongkew Wharf Company.

   Mr. ALLEN - You appear on behalf of the Hongkew Wharf Company, not on behalf of the compradore, the accused.

   Mr. WAINEWRIGHT - I appear on behalf of the compradore.

   Mr. ALLEN - I can't listen to you in this Court.

   Mr. WAINEWRIGHT - I dare say you can't, but the Magistrate will.

   Mr. ALLEN spoke to the Magistrate in Chinese, and some conversation ensued between them.

   Mr. ALLEN (to Mr. Hannen) - The Magistrate wants to know whether you are retained by the plaintiffs, Messrs. Jardine, Matheson and Co.

   Mr. HANNEN - yes.

   Mr. WAINEWRIGHT - (to his interpreter) - And tell the magistrate I am retained on behalf of the accused.

   The accused was then called forward and addressed by the magistrate in Chinese.  The Magistrate, we understand, informed him that if his cased was a straightforward one there was no necessity for his employing a lawyer.

   Mr. WAINEWRIGHT - (to his interpreter) - Tell the Magistrate I claim a right to be heard in this case.  He is the Court and not Mr. Allen.

   The INTERPRETER - The Magistrate says if the accused will employ another Counsel, the Court will hear him.

   Mr. WAINEWRIGHT - Does he say he won't hear me?

   The INTERPRETER put the question again to the Magistrate, and then said - he says he has no choice in the matter.  If you like to speak you can speak.

   After some more conversation in Chinese,

   Me. ALLEN addressed Mr. Hannen as follows: - Suppose I retire from the court, as I certainly shall do if Mr. Wainewright remains here, the Magistrate wants to know if you will retire too.

   Mr. HANNEN - No. My business of course is simply to act for my clients.

   Mer. ALLEN took up his hat, removed the box containing his papers, and seemed as if he was going to leave.  The Magistrate attracted his attention by taking hold of his arm, and another conversation took place in Chinese.  Turning to Mr. Hannen,

   Mr. ALLEN said - The Magistrate is very anxious for me to stay, and he says if I go and you go too, he will go also, and there will be an end of the case.  If you go, of course there is no prosecution.  If I go, and he hears the case alone, he fears there will be some complaint about the justice of the case.  I have told him there is n o fear of that, as I have perfect confidence in his justice.

   Mr. HANNEN - You leave the case for him to hear?

   Mr. ALLEN - Yes, but he says he would prefer I should remain.  He wished me to stay, but if I go he wants me to allow the interpreter to stay.  I see no objection to that.

    Mr. HANNEN - I should prefer the interpreter remaining.

    Mr. ALLEN and then Magistrate had some more talk in Chinese, and after drinking tea together, Mr. Allen left the court, the Magistrate accompanying him.  The Magistrate soon returned, and the case was then proceeded with.

   Mr. WAINEWRIGHT asked to be furnished with the charges preferred against the accused, saying it was only reasonable the man should know what the charge was.

   Mr. HANNEN undertook to furnish Mr. Wainewright with the charge within twenty-four hours.

   Mr. WAINEWRIGHT then applied for the case to be adjourned until after he was furnished with the particulars of the charge, and he asked the Magistrate in the meantime to apply to the Supreme Court for summonses for Mr. Law, Mr. Henderson, Mr. Poignand and Mr. Cooper, all British subjects and employees at the Hongkew Wharf, to attend the Court to give evidence on behalf of the accused.

   The proceedings were then adjourned until two o'clock on Friday afternoon.

 

 The North China Herald, 18 March 1880

SUMMARY OF NEWS.

   The investigation of the charge preferred by Messrs. Jardine, Matheson and Co., against their compradore at the Hongkew Wharf was adjourned at the Mixed Court on Tuesday until two o'clock on Friday afternoon.  The parties did not put in an appearance at the time appointed, and we hear it has been decided to refer the matter to three private individuals for investigation, one to be appointed by the prosecutors, another by the accused, while the third will act as umpire.  In case it should be proved that the compradore has been guilty of the offence with which he is charged, we are informed it is understood that he will be punished.  Though an ordinary compradore, #we hear he is a blue-buttoned mandarin, and a prominent member of the Canton Guild.

 

The North China Herald, 18 March 1880

MIXED COURT.

Shanghai, 15th March.

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

C. RIVINGTON v. CHEE WOO.

   This was a claim arising out of a transaction in shares, and it was originally before the Court on the 24th November last, when it was decided that the British Assessor should further enquire into the matter at the consulate.  The case was accordingly privately investigated before Mr. Allen at the Consulate.  Mr. Rivington failed to prove his case then but on his shewing that he had further evidence in support of his claim, the case was again brought into Court.

   The plaintiff, it will be remembered, claimed from the defendant, who is Messrs. Butterfield and Swire's compradore, the sum of Tls. 276.75, as commission on the sale of 200 Hongkong and Shanghai bank shares; and the defence raised was that the defendant had been released from all liability by the plaintiff in consideration of certain payments he had made.

   Mr. ALLEN now told Mr. Rivington that the case had been heard privately, and that he (Mr. Rivington) had been requested not to report the matter in the newspapers, but in defiance of this he had done so.  He considered his conduct exceedingly improper and exceedingly rude to him, and he asked him to apologise.

   Mr RIVINGTON said he considered that an apology was not due, the case being one of public interest.

   Some conversation then sensed and ultimately Mr. Allen said he would put a few questions to Mr. Rivington, and if he would answer them yes or no, he thought the case would be easily settled.  He might also have occasion to read a few letters in open Court.

   Mr. ALLEN - Will you tell me whether you were not engaged in a share transaction in regard to 1,100 shares of the Hongkong and Shanghai Bank between four or five Chinese on the one side and some four or five Europeans on the other.

   Mr. RIVINGTON. - Yes.

   Mr. ALLEN - And in this transaction did not the foreigners look to you as the responsible party - look to you as responsible for any loss?

   Mr. RIVINGTON - No, they did not.

   Mr. ALLEN        - Then will you please inform me whom they did look to?

   Mr. RIVINGTON - The accounts are here and you can see them.

   Mr. ALLEN - To whom did they look to as responsible for any loss?  I want you to answer definitely.

   Mr. RIVINGTON - I did not sell all the shares myself.  Some were sold by Mr. Thorburn.  In the first place, they looked to Mr. Bidwell, and eventually they looked to me.

   Mr. ALLEN - That is, they looked to you for the loss on the 1,100 shares.

   Mr. RIVINGTON - Yes.

   Mr. ALLEN - And did not those shares result in a loss of something like Tls. 6,700?

   Mr. RIVINGTON - yes, and more than that.  They resulted in a loss of over Tls. 22,000, nearly Tls. 30,000 in fact.

   Mr. ALLEN -I have got it that they resulted in a loss of Tls. 6,604.

   Mr. RIVINGTON - They finally resulted in a loss of Tls. 30,000.

   Mr. ALLEN - The foreigners looked to you to reimburse them.

   Mr. RIVINGTON - Yes.

   Mr. ALLEN - And was it not in the power of the Chinese to sue you in the Supreme Court for this sum of Tls. 6,604, but did not Chee Woo free you from that responsibility and as consideration you relieved him of his responsibility.

   Mr. RIVINGTON - No.

   Mr. ALLEN - Then how were the foreigners paid?

   Mr. RIVINGTON - The Chinamen paid some money on my account, and some was paid to me direct by them.

   Mr. ALLEN - They paid direct to you, and you paid what they gave you to the foreigners.  What was their consideration for paying the money?

   Mr. RIVINGTON - They owed me more money than they paid me.

   Mr. ALLEN - Amongst the money they handed to you, was not the money which is the cause of this action included?

   Mr. RIVINGTON - Not in the accounts.

   Mr. ALLEN - You settled with the foreigners, and the Chinese found you the money to do so.

   Mr. RIVINGTON - They paid me less money than they owed me.

   Mr. ALLEN - They relieved you from your debts to the four foreigners, and you released them in consequence.

   Mr. RIVINGTON - They did not do that.

   Mr. MYBURGH - In consideration of the Chinese finding the money to pay the foreigners, Mr. Rivington released them from all liability under a document drawn up by Mr. Cowie.

   Mr.      RIVINGTON - They paid me part of what they owed me.

   Mr. MYBURGH - You released them from all liability.

   Mr. RIVINGTON - It is a -------- low caddish thing for you to come here and talk like that.

   Mr. ALLEN - I will not allow such language here, and unless you apologise at once, I will leave the court.  Will you apologise for making use of such language?

   Mr. RIVINGTON - I will apologise to you certainly.

   Mr. ALLEN - Will you apologise to the Court?

   Mr. MYBURGH - I don't ask for an apology from a gentleman of Mr. Rivington's stamp.

   Mr. ALLEN (to Mr. Rivington) - Upon my word, your behaviour is utterly intolerable - your behaviour is disgraceful.

   Mr. RIVINGTON - I don't see why a man should insult me here.  What has this man to do talking so much about me?  (Turning to Mr. Myburgh) - You had better be careful, or you will have an action brought against you.

   Mr. ALLEN - I cannot allow you to use such language as you have done before me.

   Mr. RIVINGTON             - I will give the case up altogether.  I am not coming here to be coolly insulted like this.

   Mr. Rivington then wrapped up his papers and left the Court.

   Mr. MYBURGH (to Mr. ALLEN) - The Chinamen found him the money to pay the losses to the foreigners, and he, in consideration, relieved them from their liability.  The case is now finished, I presume.

   Mr. ALLEN - Yes.

   The remaining parties then left the Court.

 

The North China Herald, 25 March 1880

MIXED COURT.

Shanghai, 23rd March.

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

Thefts.

   There were six cases of theft disposed of by the Court this morning, mist of them being of a petty nature.  Two of them, however, were of some importance.  In the first one, a river-thief had stolen some cargo from a cargo-boat lying in the Hongkew Creek, for which he was given 200 blows and ordered to be cangued for one month.  In the second one, two mafoos formerly in Mr. C. J. Ashley's employ were convicted of stealing from Mr. Ashley a quantity of gun gear and riding apparatus while he was up-country in December last.  The Court ordered the offenders to forfeit to Mr. Ashley the wages due them (about $20.00) and to be sent to the chain-gang for two months each.

Assaults.

   Two cases of assault came up from Hongkew.  In each of the cases a rowdy had gone to a wine-shop, become exhilarated through samshoo, refused payment, and been cut about the head by a basin in the hands of the proprietor, who claimed, however, that the basin had fallen out of or slipped from his hand in some manner.  One of the worthy wine-sellers was ordered to pay $3.00 damages, while the other was sent to gaol for half a month.

Miscellaneous Charges.

   Tow cases of obstructing the public streets, one of keeping a gambling-stall, and two of drunk and disorderly conduct, closed the session, the offenders in each case being dealt with as usual.

 

The North Chinas Herald, 11 May 1880

SUMMARY OF NEWS. [THE MIXED COURT.]

   An erroneous impression seems to prevail among certain foreigners that if they change and quibble about their nationality there is no law to reach them in our cosmopolitan community.  Several instances have occurred, however, which should be sufficient to show them the error of their ideas, and another illustration of the folly of versatility as regards nationality was given on Friday at the Mixed Court.

   A foreigner, supposed to hail from a country on the continent of Europe, was placed in the unenviable position on Friday of having to accept the justice of the Chinese magistrate at the Mixed Court tempered with the advice of the British Assessor.  We have good reason to believe that he indignantly scorned to attend the Chinese tribunal in answer to a summons, and that to secure his attendance a warrant was issued.  The execution of this instruction would have placed him in a Chinese prison, but the authorities were satisfied with his promise to attend the Cop yurt, and thus through the leniency of those we are perhaps too apt to revile - the Chinese Magistrate and the police - he escaped the ignominy of his true [position. 

   We direct attention to the matter as a warning to others.  Those who are not recognised in Shanghai by their own authorities are amenable to the law as administered at the Mixed Court so long as they remain here, and they can claim no more clemency than the commonest coolie in the street.  The case referred to was one for debt, and the defendant admitting the claim and being unable to find security for his appearance at the Court on Monday, he was placed in the custody of the Municipal Police.  On Monday the plaintiff accepted an order on a firm through which the defendant had shipped goods to England, as the most likely means of obtaining a settlement of their claim.

 

The North China Herald, 18 May 1880

SUMMARY OF NEWS.

   For the second time within eight days a deadly weapon has been used in Hongkew with fatal effect.  It will doubtless be remembered that on the night of Friday, the 7th inst., a China man was shot in Tiendong Road, and now at 8.15 a.m. on the morning of Saturday, the 15th, a Spanish subject, named Theodor Guillermo, a musician belonging to   the Public Band, was found dead almost in the middle of the Yangtsze-poo Road, just opposite the entrance to the site of the proposed new cotton mills. He was lying on his back, and on the right side of the head just over the ear was a wound caused apparently by a pistol-bullet.  Neither the hair nor the skin in its vicinity showed any evidence of scorching or burning.  A white handkerchief was found carefully folded under the head, of which only the small portion immediately below the wound was stained with blood; the shirt worn by the deceased was also discoloured on the left side from the same cause; and there was also a little blood on his hat, which was crushed up.   Below the skin on the left side of the head, and almost immediately over the right ear, there was a hard substance, which subsequently proved to be a bullet.

    The body was removed to the Hongkew Police Station, at which place Dr. Macleod arrived about half-past eleven.  A. de Garay, Esq., the Spanish Consul, was already there, and Dr. Macleod proceeded to make a superficial examination in his presence.  There were no other marks of violence visible except the wound in the head, and the doctor remarked that as far as he could judge from what he had seen, the probability wad that death had been caused by the means that had produced the wound over the right ear.

   Mr. de Garay showed the doctor a letter found in deceased's room, purporting to have been written by him on Friday.  It was signed with his name, dated 14th day, 1880, and underneath the signature was the mark of a cross.  The document was written in the Spanish language, and was addressed to the authorities.  It was to the effect that none of his friends were responsible for "the misfortune," and it begged them not to institute any enquiries as to the cause, of which it gave no details.  It was not, however, understood to make any reference to death in any part of it. 

   The Police have been actively engaged in investigating the case, and we hear that three persons, two members of the Town Band and a Manila woman, have been arrested.  They, together with a Chinaman, have been examined by A. de Garay, Esq., the Spanish Consul, and from what we hear it seems not improbable that they will be sent to Manila to be dealt with by the authorities there for being concerned in the death of the deceased.

The North China Herald, 15 June 1880

   On Wednesday morning, at the Mixed Court, Senor A. M. d'Oliveira, Interpreter at the Spanish Consulate, and the Chinese Magistrate Chen, as the representative of the Chih Hsien Magistrate, continued the examination of the persons who appeared before then last Friday, who are supposed to be more or less acquainted with some of the circumstances attending the death of Theodor Guillermo, late a member f the Town Band.  The jinrikisha coolie detained by the Police, who had previously told two different stories as to the way in which he spent the Saturday on which the death of the deceased took place, now came forward with an altogether fresh narrative.  The Court manifested its appreciation of his inventive powers by ordering him to be beaten, and a sound castigation was promptly administered.  A similar penalty was awarded to the man who had taken a watch chain from the deceased as he lay on the ground.  The other men and the boy examined contented themselves with repeating their former statements, no fresh information being elicited.

   The persons now detained by the authorities will not be released until after the Spanish Consul and the Chih Hsien have been communicated with.  We understand that it is the intention of the Spanish Consul to do his utmost to fathom this mysterious affair.

 

The North China Herald, 18 May 1880

SUMMARY OF NEWS.

Our readers will remember that in the beginning of March last a case was before the Mixed Court in which the compradore at the Hongkew Wharf and some coolies in his employ were defendants, and the charge against then, though not defined in open Court, was represented as a misappropriation of cargo.  The compradore, at the preliminary hearing of the case, assumed all responsibility, and the coolies were discharged.  Then at the next hearing, the case gained notoriety from the fact that Mr. C. F. R. Allen, the British Assessor, acting under instructions, withdrew from the bench in consequence of the appearance of Mr. R. E. Wainewright, who was instructed to conduct the defence on behalf of the compradore.   Chen, the Chinese Magistrate, regretted the withdrawal of Mr. Allen from the bench, expressing his doubts as to whether the parties would be satisfied with his justice, but having no alternative, he expressed his willingness to hear the case alone.

   An adjournment, however, was decided upon, for Mr. Hannen, who appeared for Messrs. Jardine, Matheson & Co., to furnish Mr. Wainewright with the particulars of the charge against the compradore, but on the day fixed for the hearing neither party put in an appearance at the Court.  It leaked out, however, that an arrangement had been made to refer the matter to three private individuals for investigation, one to be appointed by Messrs. Jardine, Matheson and Co., another by the accused, while the third was to act as umpire.

   Though an ordinary compradore, the defendant was a mandarin of the same rank as the Mixed Court Magistrate, and a prominent member of the Canton Guild, and it was generally supposed at the time that this latter fact - his membership of the Guild - had a great deal to do with the case being settled out of Court.

   Mr. A. C. Westall and Mr. Tong-king-sing were the arbitrators appointed to investigate the case, the former being chosen by Messrs. Jardine, Matheson and Co., and the latter by the accused, with Mr. J. G. Purdon as umpire.  Their decision has not been made public, but we are informed that the found "the compradore guilty of something," and as a result $600 were paid by him into the Mixed Court to be devoted to charitable purposes.  $200 the Magistrate has assigned to the refuge established by him at Sinza, and the $400 he has handed over to the Police, which is to be equally divided between the Hospital in the Shantung Road and the Rev. Dr. Nelson's Hospital. The compradore also loses his position at the Wharf. 

   This apparently ends a case which once threatened to be of considerable importance in view of the action of the Guild.

 

The North China Herald, 25 May 1880

MIXED COURT.

Shanghai, 21st May.

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

   Three petty cases of theft and assault were disposed of, two of the culprits receiving a month's imprisonment each, and the third getting the same punishment with 100 blows in addition.

   Messrs. Drysdale, Ringer & Co. sued Tong Chin Chi for Tls. 11,700, the value of piece goods, &c., of which he had not taken delivery.  The case had been before the Court on a previous occasion.  The Court now found that sufficient evidence had not been produced to prove that the contract had been completed, and judgment was accordingly given for the defendant.  The defendant, however, was ordered to pay Tls. 50 for not having returned the Customs re-export passes to Messrs. Drysdale, Ringer & Co. when he determined not to conclude the contract.

   A native merchant named T. W. Song sued a man called Chao Lien-hua as security for a defaulting shroff to the amount of Tls. 812.  The Court considered that there had not been satisfactory proof that full security had been given, nor that the amount alleged to have been lost was established by the account books produced.  The defendant was ordered to pay the sum of $200, which was awarded as damages.

 

The North China Herald, 1 June 1880

SUMMARY OF NEWS.

[MIXED COURT]

   A Chinaman put in an appearance at the Mixed Court on Tuesday, charged with having in his possession seven large [packers of spurious "tea."  The "teas" was confiscated and ordered to be burnt, and the owner was fined $10, which was sent to the Sinza refuge.

 

The North China Herald, 8 June 1880

MIXED COURT.

Shanghai, 1st June.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

   A skilled workman in the employ of Messrs. S. C. Farnham & Co., who was charged last week before the Court with stealing four plates of zinc worth $12, was brought up on remand.  The offence was proved, and for fifty days he will be engaged on public works in connection with the chain-gang.

   For a petty theft a native was sent to gaol for a week.

Alleged Assault.

   A man was charged by a woman with having assaulted her.  The complainant presented a somewhat picturesque appearance, as she entered the Court in a white robe stained with blood in various places, and was further adorned with sundry cuts about the head.  To add to the effect she also displayed a knife and some broken crockery.  It was stated that the cuts had been inflicted by herself in order to support her charge.  The defendant said that the lady had some bedding, &c., belonging to him.  The Court discharged the prisoner, confiscated the knife and crockery, and ordered the complainant to restore the prisoner's property to him.

 

The North China Herald, 15 June 1880

MIXED COURT.

Shanghai, 11th June.

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

Assault.

   A native who forcibly interfered in a quarrel between another man and a woman got three months' imprisonment for his trouble.

Charge of Theft from a Steamer.

   A man who was charged with having stolen property from some of the cabins of the s.s. Teucer was remanded, as it was thought that evidence would shortly be produced against him of other offences of this kind.

 

The North China Herald, 22 June 1880

MIXED COURT.

Shanghai, 14th June.

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

Nuisances.

   Fifteen Chinese were charged by the Inspector of Nuisances with keeping piggeries in Hongkew, which were regarded as objectionable by some persons who had foreign notions on sanitary matters.  The proprietors of the swine were fined a dollar apiece, and ordered to find other accommodation for their animals within 14 days.  Five other individuals were ordered to abate cesspool nuisances.

Assaults.

   A Chinaman was sent to prison for a month for assaulting a woman.  Another native received a penalty of 100 blows for striking a man and kicking him in a part of the body where severe injury might easily have been inflicted.

   A fortune-teller who attacked a barber during a quarrel was sent to prison for three days.  It is not stated whether he was able to predict the consequences of his display of muscular force.

Thefts.

   A man who had stolen some clothes from a garden, will be out of reach of temptation for 20 days.  Similar terms of imprisonment were inflicted in an individual who had stolen some planks from his employer and a man who had taken some cooking utensils from a house.

   A shop-lifter who had robbed Yuet Sung of some flannel will make his appearance in public for the next month decorated with a cangue of elegant design and superior workmanship.

Gambling.

   An enterprising individual who had established a gambling stall on one of the bridges crossing the Yang-king-pang, will have a week's vacation from business in a police cell, and one of his patrons will occupy the adjoining apartment for a short time.

 

The North China Herald, 29 June 1880

MIXED COURT.

Shanghai, 22nd June.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

  A man who had appropriated a weighing balance from the Hector will spend the next month in confinement.  Five others who had been guilty of petty larceny of clothes, &c., were sent to prison for 15 days. 

   An old offender, who had probably found the quarters lately occupied by him in the Shanghai Magistrate's prison very comfortable, will render valuable assistance on the chain-gang for six months for stealing a clock and some other property from a compradore in the Settlement.

Assault.

   A man was fined a dollar for striking a native constable when in the execution of his duty.

   Three individuals who had offered personal violence to a man and an old woman were sent to prison; the chief offender for two weeks, and others for one week.

24th June.

Assault.

   Two cargo-boat men were charged with assaulting and wounding a sampan-man by perforating the calf of one of his legs with a boat-hook.  They were remanded until it should be found whether the wound was serious or not, and they were ordered to pay $6 and $4 respectively for medical attendance to the injured individual. 

   Three men had a difference in a tea-shop and proceeded from arguments to blows.  During the settlement of the matter by this means, a dollar's worth of property belonging to the owner of the house of entertainment was destroyed.  A native constable appeared on the scene, and one of the combatants, probably feeling that he had not yet had sufficient muscular exercise, assaulted him and tore his clothes.  The latter offender was ordered to pay a dollar to compensate the constable for the injury to his clothes, and he and his friends who had been fighting were mulcted in the sum of $2 between them, and to pay $1 for the property destroyed.

Gambling.

   Five individuals who had been playing some "beautiful, but uncertain game," were brought up charged with gambling in Hongkew village.  The two principal ones were fined $2 each, whilst the other three atoned for their misconduct by the payment of a dollar a head.

Theft and receiving Stolen Goods.

   Four men were sent to prison for a month for stealing palings, and a woman was fined $2 for receiving these valuable articles.  A man who had acted as a receiver for a stolen Chinese sign-board paid the sum of $2 to appease offended justice.

Charge of Kidnapping.

   Two men were charged with kidnapping a child of only seven summers, at Soochow.  The man who preferred the charge against them now took possession of the child, with whom he had been previously acquainted, until the parents could appear, the men being remanded meanwhile.

 

The North China Herald, 6 July 1880

MIXED COURT.

Shanghai, 28th June.

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

Assault.

   A native was brought up charged with assaulting one of his friends.  He had kicked him in the body with such violence that he had to be taken to the Hospital and could not attend to prosecute.  The prisoner was remanded until the wounded man was able to perform that duty. - A man and a woman, who had assaulted a female by striking her on the face and head, were remanded until the extent of her injuries should be ascertained.

Theft.

   A destitute individual, who was, moreover, apparently in very bad health, was charged with stealing a plank from a compound in Hongkew.  His circumstances excited the commiseration of the Court, and he was discharged with an admonition.

29th June.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

   A miserable-looking boy, twelve years old, had stolen a piece of iron weighing about 75 lbs. from the Ningpo Wharf, belonging to Messrs. S. C. Farnham & Co.  He was sent to Sinza to be taken care of. - Three individuals were sent to prison for a week for petty thefts of old clothes and other things of trifling value. - A man who was caught in the act of robbing a fellow-countryman of a string of 1,000 cash while he was making an investment in fish was sentenced to a month's confinement. - Two thieves, who had appropriated some old clothes worth about $4 from an opium-shop, went to prison for two weeks. - A man was brought before the Court, who had stolen 500 cash from a shop in the Hongkew market.  He admitted that he had enriched himself before to the extent of $2 at the expense of the proprietor.  He was ordered to make good the amount he had stolen, and to go to prison for a month.

    A Chinaman admitted having stolen a piece of camlet produced in Court, from a box on Messrs. Jardine's Wharf at Hongkew.  He will have the privilege of wearing a cangue for a month. - An old offender was brought up having become unlawfully possessed of an opium piper.  A large number of pawn tickets were found on him.  He will spend the next month on the chain-gang.

Assault.

   Two jinrikisha men were charged with fighting and making a disturbance opposite the American Consulate-General.  The principal offender was sent to prison for a week.  The other was discharged, the Court considering the blows he had received from his assailant sufficient punishment for his share in the disturbance.

1st July.

Theft.

   A native was charged with stealing a bough from a tree on the bund.  His excuse was that he was sick and he wanted to make some medicine from the leaves of the tree.  He was swan to prison for three days.

Assault, &c.

   Two men were sent to prison for two weeks for having committed a breach of the peace.  They had been fighting, and in the course of the altercation one of them struck a little child. - A man was indebted to a mafoo in the sum of 50 cents, and when his creditor applied to him for payment, he struck him. He was ordered to pay a fine of $1.

   Two men were brought before the Court charged with forcibly taking a Chinaman out into the country near the Rifle Butts, with the intent to do him bodily harm.  The complainant and one of the prisoners are, or were recently, in the employ of the Municipal Council, and about three weeks ago the latter stole some wood, of which action the former gave information, and it was supposed that the offence with which the prisoners were charged was a result of this circumstance.  A foreigner being informed at the time of what the men were doing, pursued them, and the [sword] was then thrown in to a pond.  The Court awarded them a hundred blows each at once, which were given with laudable severity, and for six months they will obey the Municipal official who commands the chain-gang.

Unlawful Entry.

   A man was sent to gaol for two weeks for entering the house of a foreigner with intent to steal.  He entered the house but did not carry out his supposed unlawful intention, and it is hoped that the opportunity for reflection afforded by his incarceration will have a beneficial effect.

2nd July.

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

Civil Suit.

   One of two natives who were responsible for the amount of a promissory note for Tls. 710, in favour of Messrs. Evans, Pugh & Co., the value of ten bales of grey shirtings, appeared in answer to a summons taken out to recover that amount.  The defendant alleged that the goods, the value of which was sought to be recovered, had not been delivered, and that those offered were not equal to mustier.  As the plaintiff and the other defendant were absent, the hearing of the case was adjourned.

Thefts.

   The compradore of the British Consulate charged his shroff with appropriating the sum of $251.80, belonging to the consulate.  The prosecutor begged that the case might be dealt with leniently if the money were refunded.  Two friends of the prisoner were charged with receiving the sums of $70, and $36, respectively, knowing the money to have been stolen.  Several individuals acquainted with the partied came forward and refunded the whole of the money, and at the request of the compradore, the receivers of the sums of money just mentioned were discharged.

   A sickly-looking man was sent to prison for a week for stealing an empty sycee box belonging to the Chartered Merchants Bank of India, London and China.

Disorderly Conduct.

   Two men who were charged with creating a disturbance in a Chinese theatre and assaulting a foreign constable on duty there, were dismissed with a caution.

 

The North China Herald, 13 July 1880

MIXED COURT.

Shanghai, 5th July.

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

Civil Suit.

   Messrs. Evans, Pugh & Co. brought a suit against a native broker to recover the sum of Tls. 50 [but see 6th July], being the difference in the value of some goods of which he had not taken delivery.  The defence was that the goods in question were not equal to muster.  The plaintiffs finally expressed a willingness to accept $50, and the defendant was ordered to pay that amount.

Assaults.

   Two men were sent to prison for a day for fighting. - Five natives were fined 20 cents each for fighting in a tea-shop and destroying property.  They had previously compensated the proprietor for the damage done to the furniture.

Thefts.

   A man who had stolen a chopper from a house in Tiendong Road was sent to gaol for a week. - A native who came in from the country carrying a basket of green "corn," of which he could not satisfactorily prove the ownership, was sent into comparative obscurity for three days. - A man was sentenced to half a month's imprisonment for stealing a blue cotton jacket from a house in the country.

6th July.

Before the Chinese magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

   A man was sent to prison for two weeks for stealing a shirt and a pair of trousers, and an old offender will serve for two months on the chain-gang for appropriating a pipe and a clock.

Assault.

   Two women who had a muscular contest in a house and damaged a sewing machine in the course of the altercation were fined $2.

Disturbances.

   A native who misbehaved himself in the Canton Chinese Theatre in Kiukiang Road, was ordered to pay a fine of 50 cents, and another who had been crating a disturbance near the American Consulate-General will spend the next four days in retirement.

Cruelty.

   A man was fined 25 cents for carrying a goose head downwards, contrary to a proclamation recently issued by the Chinese authorities.

8th July.

Thefts.

   An old thief was brought before the Court for having stolen as silk coat.  He having been sentenced to three months' imprisonment for committing a similar offence some time ago, but made his escape from the Municipal jail, eleven days after confinement, he was sentenced to serve the balance of the previous term, and after the expiration of that time to be imprisoned for three months for committing the present offence.

   A native was brought before the Court for having stolen a jinrikisha; the wheels were found, but the body of the vehicle had been disposed of.  The thief was sentenced to one month's cangue. - For stealing a quantity of iron bolts, a small boy about 10 years of age was sentenced to the Municipal gaol for a month.

Gambling.

   Two men were charged with keeping gambling stalls and obstructing the streets, in violation of Municipal regulations.  They were both sent to jail for two months.

Assaults, &c.

   Two Chinamen were charged with fighting and creating a disturbance on account of a debt of $3 owing to a native woman.  They were ordered to pay the amount in dispute and cautioned.

   A native was sent to the Municipal jail for one week for assaulting a street sweeper in the employ of the Municipal Council while in the discharge of his duty.

Cruelty.

   A Chinaman, for cruelty to a pony, was fined $2.00 for the benefit of the Shanghai Hospital.

9th July.

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

Civil Case.

   Messrs. Jardine, Matheson & Co. brought a suit against a native for the amount of $40, owing to them for rent by him.  The defendant was ordered to pay the sum due within a week.

 

The North China Herald, 20 July 1880

MIXED COURT.

Shanghai, 13th July.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

   A Chinaman was sentenced to three months 'imprisonment for stealing various articles of clothing, the property of three Chinese women. - An old offender received a like penalty for a similar offence. - For stealing some brass from a brazier's shop in Hongkew, a native was sent to prison for one month.

15th July.

Thefts.

   A native was sentenced to one month's imprisonment for stealing a pair of candle-sticks. - A small boy had stolen a silver bangle from the person of a little girl six years of age.  He was sent to the House of refuge [Sinza] until his parents could be found. - A coolie was ordered to receive 50 blows for stealing some money from a Chinaman, a lodger at a Chinese inn.

Spurious Tea.

   Two men were charged with having in their possession two bags of spurious tea.  They stated that the tea was the property of a Cantonese who had fled.  The tea was confiscated and destroyed.

Drunk and Disorderly.

   An old man was before the Court charged with being drunk and incapable and creating a disturbance the pervious evening.  He was sent to jail for one week.

16th July.

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

Going too fast down hill.

   Three men were brought up charged with recklessly running a loaded handcart down one of the slopes of the Garden Bridge.  The men's employer attended at the Court.  He was warned of the danger caused by the action of his coolies, and was fined $2.

Cruelty to a pony.

   A Chinaman was fined $1 for driving a pony in a carriage when it was not in a fit state to work.  He was ordered not to use the animal for a fortnight.

Collision.

   A mafoo employed in a foreign livery stable was ordered to pay $5 compensation to the owners of two Chinese carriages with which he had come in collision on the Honan Road.

 

The North China Herald, 3 August 1880

MIXED COURT.

Shanghai, 27th July.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

   A native, who had been sentenced to imprisonment in March last for stealing, was brought before the Court this morning charged with having stolen several brass pipes and other articles from three houses in the Settlement.  He was sentenced to be confined in the Municipal gaol for nine months. - Two other old offenders were sentenced to four and three months' imprisonment respectively, for committing a similar offence. - In two cases of petty theft, one of the prisoners was sent to gaol for one month, and the other for 15 days.

Collision.

   A jinrikisha man was before the Court charged by a foreigner with wantonly and carelessly colliding with his pony and trap on the Broadway road, and damaging the trap the the amount of Tls. 13.00.  The owner of the jinrikisha appeared and begged the Court to be lenient with him.  The Assessor was of the opinion that the claim for damages was reasonable, and should be allowed in full.  This the Magistrate did not agree to, but after considerable discussion, judgment was rendered in favour of the plaintiff for the sum of Tls. 12.00, which amount the owner of the jinrikisha paid into Court.

28th July.

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

Suit for Rent.

   A native was sued by a foreigner for $28 due for house-rent.  The defendant was ordered to pay $1-0 within two days, and the balance at the end of the current Chinese moon.

Unappreciated Pyrotechnics.

   A Chinaman was fined 50 cents for letting off fire-crackers on the Bund.

Unlawful Entry.

   A man who has had previous acquaintance with the interior arrangements of the gaol was charged with entering a foreign residence for an unlawful purpose.  The offence was proved, and three months will elapse before he will have an opportunity of repeating the operation.

29th July.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Burglary.

   A persevering individual, who had broken into a house in the Sunkiang Road on three separate occasions, abstracting clothes and other property therefrom each time, was sent to prison for three months.

Thefts.

   A man was brought up charged with stealing some poles and planks.  As this was the second offence, the prisoner went to gaol for four months. - A man who was presumably looking about for a handy article to steal, selected an old table that was standing in a yard.  Another man had taken possession of some one  else's clothes.  The first thief went to prison for two weeks, and the other for a month.- Two men brought up by the River Police "got a month" apiece for stealing lumber from Messrs. Boyd and Co.'s new dock.

30th July.

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

Thefts.

   A man made his appearance who had stolen a Chinese tobacco pipe worth $7.  He had prudently sold the article in question, the jade mouth-piece of which was the most valuable part, and the pipe had not been found. The prisoner was remanded. - A native was convicted of stealing a teapot, some c rockery, and other property from a Japanese shop,  and was sentenced to a month's imprisonment.  He was also charged with having abstracted some print and white table-cloth as well, but this accusation could not be proved.  As the prisoner was leaving the Court, he assaulted the Japanese prosecutor.  He was brought back and sentenced to 100 blows.

An Unfilial Son.

   A man 35 years of age was brought before the Court by his father charged with disobedience to parental commands, and leading a riotous life.  He will have a month in prison during which to repent on account of the past, and to form good resolutions for the future.

Nuisance.

   Seven coolies appeared who had caused a nuisance in Hanbury Road by dropping mud from over-loaded wheelbarrows. Their employer was cautioned and fined 50 cents.

Charge of Embezzlement.

   The case of the shroff in the employ of  Messrs. Boyd & Co., who had been charged with the misappropriation of Tls. 466 on Monday last, was decided.  It was shown that the sum, of money claimed by defendant as set-off against the amount named were owed to him by a man in the employ of the firm, and not by Messrs. Boyd and Co.  defendant was ordered to pay Tls. 466 within ten days, and his securities were informed that in the event of his failing to do so, they would be called upon to make good that amount.

2nd August.

Thefts.

   A native was sent to prison for a week for stealing a piece of zinc.- An old offender was awarded six months' imprisonment for stealing some clothes, shoes, and 500 cash. - A man, who had abstracted a knife and fork from a house goes to gaol for a week.

 

The North China Herald, 10 August 1880

SUMMARY OF NEWS.

[MIXED COURT.]

   At the Mixed Court yesterday three men were brought up charged with having stolen in April last silver bangles, gold tings, hair-pins and other jewellery to the value of $600, from a pawnshop at Pootung, together with $475 in money from, the same place.  A box containing some articles of jewellery, and $200 were found in the possession of the prisoners.  It appeared that the pawnshop from which the valuables were abstracted stands beside a creek. The principal man concerned in the robbery made arrangements with an employee in the establishment, who was to pack the various articles up in bundles and bring them to the edge of the creek.  A rope ass then to be thrown across the creek and the bundles pulled over with it.  Presumably after one of more of the packages had been landed, the rope broke, and the package at the end fell into the water, where it remained for two or three days.  A Chinaman was hired to recover the property, and received $10 and two silver bangles for his trouble.  He was not satisfied with this compensation, and gave information which led to the arrest of the prisoners brought before the Court, who were remanded for the arrest of the principal offender.

 

The North China Herald, 17 August 1880

MIXED COURT.

Shanghai, 10th August.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Burglary.

   A native was before the Court charged with breaking into a house in Hongkew, and stealing 23 pieces of Chinese clothing and a lot of cooking utensils.  He was sentenced to six months' imprisonment.

Thefts.

   Two natives were sentenced each to three months' imprisonment; one for having stolen a silver bangle from the arm of a little girl, and the other for assisting s thief, who had not been apprehended, in stealing $41 from a box of dollars.

Spurious Tea.

   Two Chinamen were brought up for having in their possession six baskets of spurious tea-leaves and four baskets of sulphur, the property of a Foochow man who had disappeared.  The stiff was confiscated.

Assault.

   A native was ordered to receive 100 blows and to be combined in prison for a month for savagely assaulting a Chinaman on the Hupeh Road.  Six others were with him at the time, but they made their escape.

11th August.

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

Assaults.

   A man was fined $3 for striking another who was his partner in a lottery establishment during a dispute about money matters. - A native who had assaulted a man standing in the doorway of his house, and attempted to force an entrance, was sent to gaol for a fortnight. - Three men were brought up charged with assaulting a man, and entering his house forcible.  One of them, who had beaten the complainant severely, was sent to prison for two months, the other two for one month each.

12th August.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Theft.

   A native of Wusieh was charged with having stolen two opium pipes and some sundry articles from an opium shop.  He was sentenced to one month's imprisonment.

Damaging Property.

   A Ningpo man was charged by a Soochow woman with wilfully breaking four panes of class at her house in Kiukiang road, by throwing stones through them.  He was sentenced to receive 50 blows.

Fraud.

   A Canton man was brought up this morning charged by Cheap Jack & Co. with obtaining from them the amount of $45, with the intent to commit a fraud.  It appeared that the accused had shipped on board the steamer Gleniffer, in the capacity of cook, at a monthly rate of wages of $45. The complainants at the request of the captain of the said steamer advanced to the accused one month's wages.  After he had received the money, instead of returning to the steamer, he secreted himself and the vessel left port without him.  He was arrested yesterday by the police.  The money advanced was returned to the complainants. And the Court ordered that the prisoner should be cangued in front of the complainants' place of business for a month, and afterwards to be confined in the Municipal gaol for a month.

 

The North China Herald, 24 August 1880

MIXED COURT.

Shanghai, 16th August.

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

Thefts.

   A man who had abstracted a carriage clock worth $45 from the Manager's Office of the Chartered Mercantile Bank was sent to prison for nine months. - A native was sentenced to a month's imprisonment for stealing a water-pipe worth $2 from the workmen's premises at the new houses being erected by Messrs. Russell and Co; and an old offender, for stealing some clothes of the value of $4, got a term of six months.

   A month's cangue was awarded to a man who had stolen a handkerchief from a woman with some cash and a gold ting in it.  Another man was sent to prison for half a month for stealing a bangle from a child.

Assaults.

   Two scavengers in the employ of the Municipal Council were fined 41 each, and one of them was sent to prison for a month, for assaulting a littler boy in Nanking Road.

Uttering Counterfeit Coin.

   A man was brought before the Court charged with trying to pass a bad dollar.  He had tried to do this twice, and both coins, though cast in different moulds, were very good imitations of "merry Mexicans." The case was remanded for efforts to be made to discover the source of the wealth.

19th August.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Thefts.

   Two natives were charged with stealing; one a cotton jacket and the other a Foochow pole.  They were both sentenced to one month's imprisonment in the Municipal gaol.

   Three Chinamen were brought up for loitering with intent to steal.  One of them, being a troublesome character, was sent to gaol for two months; the other two for one month each.

   A mafoo was fined $1 for furiously driving a four-wheeled vehicle in the Settlement.

   Two jinrikisha men were sent to gaol for three days each for obstructing the crossing at the Honan and Nanking Roads in violation of Municipal regulations.

23rd August.

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

Theft.

   A native was sent to prison for a month for stealing and trying to sell three pieces of clothing that had been left in a jinrikisha. - A man who had abstracted ten small planks from a new building in the Soochow Road was sent to gaol for a week. - A Chinese servant was charged by Mr. Monteiro with having stolen his silver watch.  As the offence was said to have been committed in the French Concession, the plaintiff was referred to the authorities having jurisdiction there.

Assault.

   Two men were charged with assaulting a Japanese woman, and breaking her umbrella.  One of the prisoners was a jinrikisha coolie and a dispute arose between him and the complainant as to the amount of compensation to which he was entitled for a journey.  The other prisoner interfered, and kicked the woman in the course of the altercation.  The latter was fined $1, but the coolie was dismissed, as it was not shown that he had inflicted any more tangible injury than some vigorous language.

 

The North China Herald, 31 August 1880

SUMMARY OF NEWS.

   A case of most atrocious cruelty occupied the attention of the Mixed Court on Thursday.  It was one in which a woman, living in the neighbourhood of Lao-kee-chong, was charged with ill-treating two little girls, one eleven years old and the other seven.  The elder one had been scalded very severely nearly all over her body, causing her to present a most horrible appearance, and a great many cuts had also been inflicted in the child's face and hands.  The younger child's injuries were not so severe, but both the girls were sent to the Gutzlaff Hospital for treatment.  The prisoner had nothing to say for herself when questioned, but wept profusely.   The case was remanded to see whether the child most severely injured would recover, the prisoner being sent to prison in the meantime.  We understand that she will be dealt with in accordance with Chinese law.

 

The North China Herald, 31 August 1880

SUMMARY OF NEWS.

   We are informed that the long contemplated re-organisation of the Mixed Court has been at last decided on; orders having been received here that the judge at that Court is to hold the rank and exercise the authority of a sub-Prefect, to which position the present worthy incumbent, Chen, had been appointed.  He is to be a Tung-chi, an independent sub-Prefect, instead of, as heretofore, a mere deputy.  This is a most desirable advance, and we hope the new regulation will remedy some of the many imperfections of that much-abused but most useful tribunal.

 

The North China Herald, 18 September 1880

SUMMARY OF NEWS.

   Fifteen Chinese storekeepers appeared before the British Assessor and the Chinese Magistrate at the Mixed Court on Wednesday, charged with managing "furniture lotteries" in contravention of a proclamation issued by Chen last May. Most of the defendants said that they were acting for Portuguese.  It seems that a short time ago complaints were lodged against two Germans, an American, and some Portuguese at their respective Consulates for having established lotteries in the Settlement.  The German and American Consuls ordered their subjects to close their establishments at once, but the Portuguese Consul gave his nationals until the end of next month to conclude their operations.  One of more of these individuals have since that time employed Chinese as agents, and these latter were the men now brought before the Court.  They were ordered to close their stores immediately, and were allowed seven days in which to return any money they had received from purchasers of tickets.  The Portuguese principals announced that it was their intention to employ countrymen of their own to conduct their lotteries until the limit of the time fixed by their Court. [See also Summary of News, 30 September.]

 

The North China Herald, 18 September 1880

MIXED COURT.

Shanghai, 10th September

Before the Chinese Magistrate CHEN and J. R. COULTHARD, Esq., British Assessor.

Civil Case.

   The Shanghai Water Works Company preferred a charge against one Sin Chang of breach of guarantee.  They said that in the year 1879, the defendant contracted to make for them two iron water-carts for Tls. 150, and he also undertook to keep them in thorough repair until 30th November, 1880.  Plaintiffs alleged that owing to defective construction, &c., the carts had wanted repairs on several occasions and the defendant declined to act up to his undertaking.

   Defendant did not admit that he was responsible for injuries, such, for example, as were caused by collisions with other vehicles, that did not arise from any fault of his in the construction of the carts, and said he had effected repairs on five different occasions.

   The Court ordered him to keep the carts in thorough repair till 30th November next.

13th September.

Obstructionists.

   Seventeen jinrikisha coolies were sent to prison for three days, and had their licenses suspended for three more, for obstructing traffic in different parts of the Settlements, chiefly in Hongkew.

Theft.

   A native of Ningpo stole a silk umbrella from the residence of a foreigner in Hongkew.  He had previously made the acquaintance of the Police authorities, whose guest he will now be for three months.

Assault.

   A native of Tientsin lent another man who hailed from the same city the sum of 850 cash about a month ago.  Two or three days since her requested settlement of the debt, when the borrower resisted the claim with a demonstration of physical force.  The Court ordered the debtor to pay his friend $1.

   A Shanghai man who was caught by a policeman in the act of forcing the lock of a house door was sentenced to three month's imprisonment.

   A carriage proprietor was fined $5 for letting one of his vehicles out for hire without a license.

14th September.

Before the Chinese Magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

Obtaining money under false Pretences.

   Two natives were charged with fraudulently obtaining the sum of $5.40.  It appeared that a Chinaman went to a shop opened by one of the accused under the style of "Agents for the sale of passenger-r=tickets for Messrs. Butterfield and Swire's steamers," and there purchased a ticket for Hongkong by one of the said firm's steamers.  He was informed by the shopman that on presenting the ticket to the compradore of the steamer it would be exchanged for another, and on the ticket purchased was written in Chinese, "to be exchanged on board the steamer."  He paid $5.40 to the ticket.  This sum was $1 less than the regular passage money.  He took his ticket to Messrs. Butterfield & Swire's office, where he was informed that it was a forgery, and he was asked where he had purchased it.  He gave the address and the Police effected the arrest of the men.

   Mr. Burrows, from the office of Messrs. Butterfield & Swire, said that the ticket was a forgery, that he did not know the accused, and that the firm had no Chinese agencies in Shanghai for the sale of passenger tickets.  He handed into Court one of the regular Chinese passenger tickets issued by Messrs. Butterfield and Swire, which was entirely different to the one the complainant had purchased.  The prisoners declined to state by whose authority they were carrying on this illegal business, but it was supposed that they were in league with some of the Chinese staff in the employ of the foreign firm.  A number of counterfeit passenger ticket books was found in the possession of the accused, who stated that they had been engaged in the business for a long time.

   The owner of the shop was then sentenced to eighteen months', and the other man to twelve months' imprisonment.

   A Chinaman was sent to prison for five months for stealing zinc from the roof of the house of Messrs. Kelly and Walsh on the Bund, to the value of about $50.

   A contractor was fined $10 for obstructing a road in Hongkew in violation of Municipal regulations.  He had been requested several times to remove the obstruction, which consisted of lumber, but had neglected to obey the orders of the Police.  $5 were sent to the Hospital, and $r to the Sinza Refuge.

15th September.

Before the Chinese Magistrate CHEN ands J. R. COULTHARD, Esq., British Assessor.

Thefts.

   A Shanghai man was sent to prison for three days for stealing two bundles of reeds for fuel. - A native of Soochow will wear a cangue for a fortnight for abstracting some zinc piping from a godown in Honan Road. - A Ningpo man was caught in the act of stealing two waistcoats from a tea-shop.  The Police will take charge of him for one month.

Assault.

   A tenant, on being requested to pay the rent by his landlord, assaulted him and tore his coat.  The Court ordered him to pay 200 cash as compensation.

16th September .

Before the Chinese magistrate CHEN and F. D. CHESHIRE, Esq., U.S. Assessor.

   A Pootung man who had stolen an old stool from a Chinaman living in Hongkew, was sentenced to three weeks' imprisonment.

   The licenses of four jinrikisha coolies and a wheelbarrow man were suspended for ten days, because their holders had obstructed public thoroughfares.

 

The North China Herald, 30 September 1880

SUMMARY OF NEWS.

   Five natives were brought before the Mixed Court on the 22nd inst. charged with extorting $500 from a merchant who had bought some waste silk from the country to the Shanse jetty on the Soochow Creek.  They personated likin runners, and proved that they were by no means novices in the art of obtaining money in this way.  One of the men, a native of Foochow, had been a likin runner in his younger days, and he used his old uniform to give effect to his representations.  Two of the five were sentenced to be cangued for two months, and then to pay a visit of six months' duration to the Municipal gaol; the other three were sent to prisoner for three months.

 

The North China Herald,   7 October 1880

SUMMARY OF NEWS.

[MIXES COURT.]

   There was no session of the Mixed Court on Friday morning, as the Magistrate had gone with the Taotai to Woosung to pay their respects to Peng Yu-lin, Imperial Inspector of the forts and naval defences of the Yangtsze. . . .

 

The North China Herald, 14 October 1880

MIXED COURT.

Shanghai, 6th October.

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

The Gambling Case.

[Not transcribed.]

8th October.

Civil Suit.

   A foreign gentleman appeared on behalf of Messrs. Jardine, Matheson & Co. to sue a native for the sum of $49 due to that firm for house-rent.  The tenant was ordered to pay $20 the next day, and the balance on the 11th inst.

 

The North China Herald, 21 October 1880

SUMMARY OF NEWS.

[MIXED COURT.]

   The hearing of Messrs. E. D. Sassoon and Co.'s adjourned suit against a native merchant for damages arising from refusal to take delivery of forty-seven chests of opium was resumed at the Mixed Court yesterday, before Mr. W. R. Carles, British Assessor, and the Chinese Magistrate Chen.  The plaintiffs' statement showed that the actual loss sustained by them, through diminution in weight and the difference in the marker price of the drug, amounted to Tls. 2,803.  The opium in question had been retained in their godown, but they would rather have delivered it to the defendant.  Mr. Solomon, who appeared on behalf of the firm, was told that the defendant has other large outstanding liabilities, but that the Magistrate would give his claim prior consideration if he were willing to make some abatement.  Mr. Solomon agreed to accept Tls. 1,500, and to keep the opium.  The defendant was called upon by the Court to pay this sum, but he declared that he was unable to do so, and was sent to prison.  The head of the Opium Guild, who had been requested to arbitrate in the matter as far as deciding the amount of damage sustained by Messrs. E. D. Sassoon & C., had declined to act.

 

 

The North China Herald, 21 October 1880

MIXED COURT.

Shanghai, 15th October.

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

Civil Suit.

   Mr. Miller appeared on behalf of Mr. George Martin with regard to the adjourned suit brought by that gentleman against Chu Tzu-chin to recover the sum of Tls. 2,000 of which he was said to have been deprived by unlawful means.  Mr. Miller said that the account of the case that had appeared in the Shenpao was incorrect.  The case was again remanded for the attendance of a witness for the defence.

   A man was fined 20 cents for exploding fire-crackers in the Woosung Road on the previous evening.

Thefts.

   A man who was caught in the act of stealing four pieces of firewood from a boat was sent to prison for a week. - A native who had been remanded from the 6th inst. on a charge of stealing some clothing and some implements for smoking opium from an opium-shop, received a sentence of a month's imprisonment.

Creating a Disturbance.

   Two men were sent to gaol for a month and a fortnight respectively for making a disturbance in a Chinese theatre, and assaulting a foreign watchman and a native constable.

18th Oct.

Before the Chinese Magistrate CHEN and J. R. COULTHARD, Esq., British Assessor.

Cutting and Wounding.

   A native of Tientsin was brought up charged with wounding another man from then same city in the Wuhu Road.  It appeared that the prisoner asked the complainant for some money, and on his declining to furnish the sum desired, he took up a chopper from a fruit-stall that stood conveniently near, and inflicted a somewhat severe wound just behind the shoulder.  He will spend the next three months in the Municipal gaol.

   A man, believed to be  demented, appeared before the Court charged with assaulting a number of persons with a short thick stick in the Yangtszepoo Road.  He had attended the Court on a previous occasion charged with breaking windows with the same implement.  He was remanded until Wednesday so that his mental condition might be enquired into.

Thefts.

   A native of Soochow was sent to prison for two months for stealing a silk waistcoat, with three gold buttons, from the house of the prosecutor in Fohkien Road, on the occasion of the fire that recently occurred in that street.  The value of the articles in question was $17.

   A Chinaman who stole five articles of the total value of $3, from a sampan lying at the Kiukiang Road jetty, was sentenced to two months' imprisonment.

   A "boy" in the employ of a foreign gentleman, abstracted two Silber napkin rings a short time since, and gave them to a friend to pawn.  Thinking that these rings might be missed on Sunday, on the previous day he handed a plated mug to his friend to take to the pawnshop in exchange for the rings.  The police had been communicated with, and they caught the friend in the act of handing the mug to the pawnbroker.  The case was remanded till Wednesday.

Unlawful Entry.

   A native of Tsing-poo was charged with entering a house in Soochow Road with intent to steal.  Several things had been missed from the house, and a man was put to watch it.  He saw the prisoner enter and caught him.  The prisoner will pay a visit of two months' duration to the Municipal gaol.

   A jinrikisha man was found in possession of a jacket belonging to a petty officer of the English navy.  He was remanded till Wednesday for enquiries to be made as to the ownership of the garment.

20th October.

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

   A jinrikisha coolie, who was brought up on remand, having been arrested in possession of a coat belonging to a petty officer of H.M.S. Vigilant, was discharged.  The owner of the garment appeared and identified it.  He said that on Saturday night he was intoxicated, and lost his coat, but he thought that he had left it in the man's jinrikisha.  He certainly had no recollection of being robbed.

Thefts.

   Two men were brought yup on remand charged with stealing two napkin rings and a mug, the property of a foreign gentleman, under circumstances mentioned in out issue of Tuesday.  No prosecutor appeared, but one of the prisoners was sent to gaol for two months, and the other was fined $2, the amount for which the tings had been pawned.

   A Chinaman was sent to prison for two months for stealing a silk jacket worth $6. 

   A fortnight's imprisonment was awarded to a man for stealing several pounds of raw cotton from a field.

Street Disturbance.

   Two men were brought up charged with fighting in a street.  It appeared that the altercation arose out of a gambling transaction, and that one of the combatants was a tout for a stall for gambling purposes.  This individual was ordered to wear a cangue for a month; the other was released. .   .  . 

 

 

The North China Herald, 28 October 1880

MIXED COURT.

Shanghai 22nd October

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

Civil Suits.

   The hearing of the adjourned suit brought by Mr. Martin against Chun Hung-yeh, alias Chun Tszu-chin, for Tls. 4,300, was resumed.  The first witness called was a shroff who had been in the employ of what might be called the joint firm of plaintiff and defendant.  He said that the former received $30 per month from the latter, who furnished the capital of the firm, of whom the Chinaman was the head.  The plaintiff produced evidence to show that when the defendant had been imprisoned for a debt owned to Messrs. D. Sassoon and Co., he had given a security to the amount of Tls. 359 to that firm for defendant as his compradore.  He also stated that the defendant had accompanied him to Tientsin ion the capacity of a servant, and that on their return to Shanghai the Chinaman proposed that they should jointly open an opium shop.  Plaintiff said he advanced Tls. 2,000 in January, 1879, and Tls. 800 in July of the same year.  The remaining Tls. 1,500 of the claim was for profits as per account.  He had not taken any receipts for any of the sums of money said to have been paid to the defendant.  He had never received $30 a month from the Chinaman. 

   Money had passed through his hands on account, of which settlements had been made every month.  The defendant asked for his account-books, which he said were in Mr. Martin's possession.  The plaintiff denied that he had these books.  The defendant said that his capital had been Tls. 1,300, brought him by his wife, and Tls. 700 that he had obtained from his brother. The defendant's wife said that she had given her husband Tls. 1,300.

   The defendant, speaking of an opium chest with a false bottom, which had been discovered by the Police on his premises, said that it was not made for fraudulent purposes.  It had been made heavy top prevent its being taken away.  Mr. Martin said that he had given the chest away.

   The defendant was ordered to pay the sum of Tls. 359 to the plaintiff, as that amount had been proved to the satisfaction of the Court, but the balance of the claim was not allowed.

.   .  .

Thefts.

   A man was sent to prison for a week for appropriating part of a bamboo fence near the British gaol. - A new hand just taken on at the Old Dock stole two pieces of iron from a workshop in that establishment at the end of his first day's work.  Some other man will have to act as his substitute for a month, during which time he will remain in gaol.

   Three men were charged with keeping a gambling-stall and gambling in the street.  They were sentenced to a month's imprisonment.

 

The North China Herald, 4 November 1880

[MIXED COURT.]

SUMMARY OF NEWS.

   Mr. CV. P. Blethen, of the firm of Messrs. S. C. Farnham and Co., appeared at the Mixed Court on Tuesday morning to prosecute six men in the employ of his firm for committing an assault upon the "head man" set over them.  It appears that the prisoners are members of the Ningbo guild of carpenters, and the "head man" had employed some men who were not members of the same guild.  On Sunday the six prisoners, and four others not at present under arrest, went to his house at "Lee" Hongkew, and beat him severely with clubs.  Mr. Blethen stated that the man was now laid up in bed from the effect of the treatment he had received, and that he was in terror of his life because of the threats that had been held out to him.  The case was remanded for a week, and as the prisoners were being removed from before the Magistrate, a number of men in the Court, members of their guild, actually had the audacity to attempt a rescue from the Police, setting up a truly hideous Celestial yell as they rushed forward.  Their efforts were unavailing, however, and the prisoners will appear before the Court next Tuesday.

 

The North China Herald, 4 November 1880

SUMMARY OF NEWS.

[MIXED COURT.]

   Five Chinese boys from ten to sixteen years of age were brought up at the Mixed Court yesterday morning charged with having stolen a quantity of waste silk and goat's wool, of the value of about Tls. 100, from a godown in the Foochow Road.  These enterprising youngsters were in the habit of getting into a narrow passage and lifting each other up to a window of the godown, the shutters not being securely fastened.  By this window one or more of the youths would enter and select samples of the contents from various bales of merchandise.  They used to take their spoils to three men, who also appeared in custody, and in whose possession property to the value of about Tls. 45 was found.  The juvenile thieves were ordered to receive 30 blows each on their hands, and of the three receivers, one was fined $30, and the others were mulcted in the sum of $15 each.

   The following case was before W. R. Carles, Esq., British Assessor, and Chen, the Chinese Magistrate, yesterday. - A woman had bought a small dog, and was in some doubts as to the right of the seller to its ownership, but was reassured on this point.  Shortly afterwards, a native policeman and a Chinaman called on her and told her that the Police were on the lookout for the dog, which had been lost, and that Tls. 10 had already been spent in the search.  It was stated that they told her if she gave them Tls. 10 she should hear nothing more about it.  She accordingly gave them $13 and 600 cash.  Shortly afterwards the matter came to the notice of the Police, and the men were arrested.  It came out in the course of the trial that all the money had gone towards paying off some debts owing by the Chinaman, and that the policeman had made nothing out of the transaction.  They were both, however, sentenced to two months' imprisonment, and the amount received from the woman is to be repaid to her.

 

The North China Herald, 11 November 1880

MIXED COURT.

Shanghai, 5th November

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

   Mr. R. F. Martins, a Portuguese subject, appeared to prosecute a Chinaman who was charged with having attempted to defraud him by presenting a lottery ticket issued by the plaintiff for payment, of which the number had been altered.  The plaintiff was advised to take the matter to his Consul.

Charge of Theft.

   Six boatmen were brought up on remand from the 1st inst., on a charge of having stolen 25 balls of opium, of the value of Tls. 85, the property of a cargo-boat owner.  The men were dismissed, but the lowdah in charge of the boat when the opium was lost, was ordered to be detained in custody until the value of the lost property was paid.

Thefts.

   A "boy" in the employ of a foreigner was charged with having stolen a meerschaum pipe and other property belonging to his master.  He was sent to prison for two months. - A man was sentenced to half a month's imprisonment for appropriating a basket of charcoal.

Civil Case.

   A suit was preferred by Mr. G. Harrison to recover Tls. 190 from a Chinaman named Hsieh Tan and the Yong-fung Bank, being the value of two notes passed to him for opium by Hsieh Tan and drawn on the Bank.  The Bank has recently closed.  The Court ordered Hsieh Tan to pay the amount of the second note, Tls. 120, and the Bank to meet the first, Tls. 70.  The second bill had not been presented before the closing of the banking establishment.

8th November

Thefts.

   A man who had often been convicted of petty thefts on previous occasions, was sent to prison for a month for stealing firewood. - A fortnight's imprisonment was awarded to a man who had helped himself to forty-five cigars from a shop.

Assaults.

   In two cases of assault, one of the offenders was fined $1, and the other was sent to prison for three weeks.

Drunk and Incapable.

   An ancient individual, 73 years of age, was charged with being drunk in the streets.  He was dismissed with a caution.

 

The North China Herald, 18 November 1880

MIXED COURT.

Shanghai, 17th November.

Before the Chinese magistrate CHEN and W. R. C ARLES, Esq., British Assessor.

Civil Suit.

   Mr. Burrows appeared on behalf of Messrs Butterfield and Swire, to recover from a Chinaman the sum of $46.20, for freight of cargo.  Defendant said that the money had been paid before he obtained the bill of lading and that he had given the money to a Cantonese in the shipping office.  Messrs. Butterfield and Swire's shroff said that he had not received the freight-money.  It was stated in evidence, that the money had been paid to the son of the compradore of the firm, who was now in Canton, and who had given the bill of lading to the defendant.  The case was remanded until the return of the young man from Canton.

Thefts.

   Two miserable-looking men were charged with stealing some bamboo fencing from the premises of The Farm.  Mr. Ferguson did not profess for punishment.  One of the men was handed to the Shanghai tepao, and the other was ordered to be deported to Soochow.

   A cook in the employ of Messrs. Evans & Co. was charged with having stolen several jars and other articles and a quantity of sugar from his employers.  He was sentenced to one month's cangue.

   The case of a servant of Mr. Cargill was remanded until the 24th inst. for further evidence.  The man was charged with having stolen a gold ring and a gold-mounted whip.

   A native who lately served a term of six months' imprisonment appears to have found his quarters and associates so agreeable that he earned another term of three months by abstracting two cooking pans from a boat on the Soochow Creek.

 

The North China Herald. 25 November 1880       

MIXED COURT.

Shanghai, 24th Nov.

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

Civil Case.

   Messrs. D. Sassoon, Sins & Co. brought a suit against Chu Fung to recover damages sustained by them in consequence of the failure of the defendant to take delivery of cargo.  Judgment was given for the plaintiffs, who would furnish a detailed statement of the damages claimed.  It appears that the defendant absconded some four or five months since, and had only recently returned to Shanghai.

Thefts.

   Two servants in the employment of Mrs. Ezra were brought up on suspicion of having stolen a watch, valued at $18.  One was dismissed, and the other remanded.

   A pantry-boy, a saloon-boy and an assistant of the latter, belonging to the s.s. Eldorado, had been suspected of stealing $200 from the captain's cabin.  The ship's steward was held responsible for the money as he had engaged these men, and he was directed to make good $100.  The pantry-boy was ordered to pay $50, because at the time of the theft he had gone ashore and was therefore neglecting his duty.

   A man who had unlawfully entered the premises of Messrs. Boyd & Co. and stolen some servants' clothing therefrom was sent to prison for two months.

 

 

The North China Herald, 2 December 1880

MIXED COURT.

Shanghai, 26th Nov.

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

Civil Suit.

   Messrs. Butterfield and Swire brought a suit against a native merchant called Chu Fung to recover the sum of Tls. 252, as damages for non-fulfilment of contract on his part through not taking delivery of certain cargo.  Judgment was given for the plaintiff for the amount claimed.

. . .

   A servant of Mrs. Ezra, who was brought up on remand charged with stealing a watch, the property of his master, was sent to prison till the end of the current Chinese year.

29th Nov.

Assaults.

   A Chinaman, who had assaulted one of his friends with a hammer and injured one of his feet and a finger, was ordered to pay damages to the extent of $3.

   An undutiful son who had struck his mother and hurt her hand received a hundred blows, and was sentenced to wear a cangue for a month.

Charge of Embezzlement.

   A man charged with robbing his master of thirteen pieces of silk, valued at $260, and stealing $184 in money, was remanded.

Drunk and Disorderly.

   Four Chinamen, under the influence of liquor, behaved in a tea-shop very much as the same number of Europeans would have done under like circumstances.  Two of them was sent to prison for a month, the third was fined $4, and the fourth was discharged.

   Two men were charged with gambling and obstructing the Shantung Road.  One will spend a month in gaol, and the other will wear a cangue until next Chinese New Year's Day.

Cruelty.

   A man was fined twenty cents for carrying a pig with its head downwards. (If one-half the violations of the regulation under which this fine was inflicted that are to be witnessed every day in the Settlement were similarly punished, the Mixed Court would be in receipt of a handsome and apparently never-failing revenue.)

 

The North China Herald, 23 December 1880

MIXED COURT.

THE Chefoo Convention refers to the Mixed Court here as follows:-

The Chinese government has established at Shanghai a Mixed Court; but the officer presiding over it, either from lack of power or dread of unpopularity, constantly fails to enforce his judgments.  It is now understood# that the Tsung-li Yamen will write a circular to the Legations inviting Foreign Representatives at once to consider with the Tsung-li Yamen the measures needed for the more effective administration of justice at the ports open to trade.

The meaning of the last statement would be quite clear, were it not for some other clauses of the convention which lead one to believe that this clause relates only to cases in which a British subject is interested.  We are glad to find, however, that the present Magistrate of the Court, though he does not always act with the firmness and decision which one would like to see, refuses to take this limited view of the matter.

   A case was lately tried before Chen, in which a Chinaman was sued by other Chinese for payment of a promissory note.  It is true that he was at the time in the service of a foreigner, but this could hardly count for much.  To admit that entering into foreign employment was to shield Chinese  from the consequences of their previous acts would open the door to unscrupulous persons to engage all sorts of incorrigible villains who would perform no service and receive no wages, but would pay their nominal master for the privilege of serving him.  The slight advantage of such a rule in particular cases like the present, where a foreigner bona fide engaged a man who had liabilities hanging over him, would be more than compensated for by the outrage to common sense and to decency which would be caused by nominal engagements.  That a man who, after committing a robbery, managed to get engaged to drag a private jinrikisha should be entitled to a trial at the Mixed Court, while a man who opened a store should be liable to be taken into the city on some charge, real or fictitious, would appear to be absurd.  A much more reasonable view of the case is that if the court is to have jurisdiction over cases in which a foreigner had no interest, it should have jurisdiction over all Chinese within the area of the settlement.

   This appears to have been the view taken by Chen the other day.  He had a man before him as defendant in a matter with which the Court was competent to deal.  The transaction out of which the suit arose had taken place in the Settlement, and Chen resolutely refused to allow him to be taken out of his jurisdiction.  It appears to us that Chen acted in this matter with great judgment and good sense, and that such decisions raise the dignity of the Court.

   We conceive it to be most important to foreigners that in a Settlement like ours the Native Courts should have territorial jurisdiction, and that all Chinese living within the limits should feel their persons and property to be secure, and should know that in the event of their being drawn into any case, either civil or criminal, they would have justice.  By justice we by no means imply leniency.  It would be a sorry day for the community of the Settlement became a mere rendezvous for criminals.  We should be glad to see the Court a terror to evil-doers, and the sight of twenty or thirty rascals hauling a street-roller fails to excite our pity; but what we particularly want is a Court where, if possible, trumped-up cases can be probed to the bottom, and where, after a public trial, it will be impossible for some clever scoundrel to excite compassion by alleging that some venal officials have robbed him of his all under the name of punishment for imaginary offences.

   We therefore hail with pleasure any indication that the Mixed Court Magistrate intends to insist on his authority and on the dignity of his Court, for every step in this direction leads us to hope that it will in time hold such a position that foreigners may feel that it is not altogether useless to apply to it for redress in cases where they are directly interested.

   Another matter for congratulation is the way in which the Magistrate appears ready to uphold the authority of the Municipal Council.  We refer to the question of lotteries.  It is doubtless true that the Magistrate convicts under the authority of proclamations issued by the higher Chinese officials, but there is a good deal less observance of forms in Chinese Courts than in ours, and although the Magistrate knows that his superiors agree with the council in thinking that lotteries should be suppressed, he knows quite well that the action in the matter originated with the Council, and, if he wished to thwart them he could easily do it.  We will not for the present discuss the question whether theatre may not exist other forms of gambling in the Settlement which ought to be put down.  Laou-kee-cheong is generally believed to swarm with gambling dens, but so long as the Council are moving in the right direction we will not complain if they do not undertake the complete purification of the Settlement in a week.  We can only expect then to deal with old established customs by degrees. 

   The lottery business took a great start of late, and the Council are doing their best to crush the system in its infancy.  In this they deserve the support of all right-minded men, for although there are many great gamblers who are most estimable members of society, there can be no question that gambling in general has a most demoralising effect on a community, and tends to a great increase of crime and misery.

   The Mixed Court had given great assistance to the Municipal Council in this matter.  Much, however, still remains to be done.  The distinction between its various duties is by no means as sharply defined as it might be.  It has to deal with all cases of street obstruction, petty thefts, trifling assault cases, and the various minor matters affecting the peace and good order of the Settlement; it is also a Criminal Court with jurisdiction in the case of crimes of considerable magnitude, and it is a civil Court competent to try suits involving large amounts.  It is in the last-named sphere of action that there is most call for reform.  There is no doubt that the Court, as at present constituted, is not strong enough to deal with questions in which any of the powerful guilds are interested, and foreigners here often feel that they are not able as a last resort to trust to the strong arm of the law.

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