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Colonial Cases

Affray on the Lennie Burrell, 1887

[shipping, affray]

Affray on the Lennie Burrell


Police Court, Shanghai
December 1886-1887
Source: North China Herald, 5 January 1887

Shanghai, 28th Dec., 1886
Before G. Jamieson, Esq., Acting Assistant Judge.
  The following is the continuation of the evidence held over from our last issue.
.   .   .   
This concluded the evidence for the defence and his Worship intimated that he would not adjudicate upon the case as it was a much too serious one, and should be sent for trial.  The case was therefore adjourned till the next day for the witnesses to have their depositions read over.
4th January.
  Cornelius Lee, the man charged with mutinous conduct and stabbing the captain and mate of the above named ship, and also with discharging a revolver, was formally committed to take his trial before a jury.  The depositions of the witnesses were read over to them, and the Captain, who appeared annoyed at the delay, was informed by his Worship that he was bound to attend at the trial in discharge of a public duty.

North China Herald, 5 January 1887
4th January.
  Cornelius Lee, the man charged with mutinous conduct and stabbing the captain and mate of the above named ship, and also with discharging a revolver, was formally committed to take his trial before a jury.  The depositions of the witnesses were read over to them, and the Captain, who appeared annoyed at the delay, was informed by his Worship that he was bound to attend at the trial in discharge of a public duty.

North China Herald, 12 January 1887
Shanghai, 5th Jan., 1887
Before George Jameson, Esq., Acting Assistant Judge.
  The summonses against the captain and mate of the Lennie Burrell, by the prisoner Jervis, for assault will come on for hearing in a few days.
North China Herald, 12 January 1887
Shanghai, 6th Jan., 1887
Before George Jameson, Esq., Acting Assistant Judge.
  George Lee, of the Lennie Burrell, was charged by Captain J. Murphy with stabbing J. Collins with a knife on the 27th August, 1886.
  Mr. Emens watched the case on behalf of the United States Consul-General.
  M. Latham appeared for the defendant.
  J. Murphy, sworn, stated:- At 6 a.m. on the 27th August last, I was called by the chief mate who said that a man named Collins had been stabbed by George Lee.  I went forward and saw that Collins was stabbed in the left leg above the knee, and that the wound was bleeding badly.  The wound was from half to three quarters of an inch wide - I do not know how deep - and at the back of the leg.  The blood was spurting out.  I made a tourniquet to stop the bleeding.  The blood was coming out in a steady pour, and I judged a vein had been cut.  I dressed the wound and kept it bound up for two days, putting cold water on it.  I went forward on the second day, I think it was, and dressed the wound again.  When I took the bandage off, the blood spouted out in a stream the size of my finger, to the top of the berth; the man lost a considerable quantity of blood on both occasions, and he was in a painful condition.  After the wound had healed sufficiently, I gave him dressing and did what I could for him to the best of my ability.  The day after he was stabbed, he reported to me that he had a wound in his left side, but it was only a slight one.  He complained, after he went on duty, of the leg bothering him; he thought some of the arteries or sinews were cut.  One day at the wheel, I asked him what he was going to do about the stabbing case.  He said "I intent to give him the full benefit of the law."  He afterwards laid up again on the 29th October, complaining of his left leg being swollen and discoloured.  He also complained of severe pain in the left side, below his ribs.  On the 1st October, he complained of fever and ague.  I treated him for that.  On the 29th November, he complained he could get no sleep.  On the 21st he complained of much pain in his leg.  On the 25th he again complained of not being able to sleep.  I gave him some medicine.  At 4 a.m. on the 28th, the mate called me and said that Collins was dead.  We buried him at 2 p.m. on the same day in lat. 26.50N. and long. 129.40E,
  Cross-examined by Mr. Latham - When the stabbing occurred, the ship was in lat. 41.33 S. and long. 29.9E.
  Mr. Latham here called the attention of the court to the Order in Council of 1884, sec 7, sub-sec 2 which he thought he might read.  The Order in Council provides for the jurisdiction of "British subjects" and "protected persons" on board British ships.  The defendant is not a British subject, but an American citizen, and Mr. Latham aid, in his opinion, the Order in Council did not give jurisdiction over foreigners on board British ships.  The term "protected person," he said, he was unable to obtain the exact meaning of, as it was a new term, and he asked the opinion of the Curt on the subject.
  The Court replied that the Order in Council referred to extended the term "British subject" to mean any person over whom the crown had jurisdiction by Treaty, capitulation, usage, sufferance or otherwise.  It was quite clear that Courts in England exercised jurisdiction over foreign subjects serving on the Articles of a British ship for offences committed on the high seas.  There seemed no doubt therefore that British Courts could exercise the same jurisdiction under the sections quoted.  It might be that the foreign authority could exercise jurisdiction too if sufficiently empowered by his own laws, but there was no doubt of the jurisdiction of the court.
.  .  .  
  His Worship said his powers were so circumscribed that he did not think he could, but he finally remanded the case till 10 o'clock the next morning.
7th January,
  The prisoner Lee was this morning committed for trial.
North China Herald, 12 January 1887
Shanghai, 7th Jan., 1887
Before George Jameson, Esq., Acting Assistant Judge.
  Captain James Murphy, master of the British ship Lennie Burrell, appeared to answer a summons taken out by Cornelius Jervis the man who is awaiting his trial for mutinous conduct and other charges.
.  .  .  
His Worship said that the point at which he had to look was - Did the captain act bona fide in locking Jervis up and had he reasonable grounds for believing that he was a dangerous man? He did not see why counsel called upon him to punish the Captain criminally.
  Mr. Latham said that was what he was there for.
  His Worship dismissed the summons.

North China Herald, 12 January 1887
Shanghai, 6th Jan., 1887
Before George Jameson, Esq., Acting Assistant Judge.
  Mr. Sullivan the second mate of this ship was summoned by a Norwegian man named Stephen Tholde for an assault. .  .  .   
  His Worship said the only assault proved was a trivial one and ordered the defendant to pay a fine of $1 and costs.
  There was a second summons for assault against Sullivan by the seaman SPARVETT.
.  .  .  
  His Worship said there was no doubt that Sullivan had been using the plaintiff very severely.
  Sullivan said he knew nothing about the assault.
  He was ordered to pay a fine of $5.
  There was another summons against the Chief officer Gilbert Sanderson for assaulting a sailor named Job Perry, who also had the boatswain, Anderson, summoned, but as the prosecutor did not appear in either of the cases they were dismissed.
8th Jan.
  The first mate, Gilbert Sanderson, and the second, Michael Sullivan, of the Lennie Burrell, appeared in answer to a summons by Cornelius Jervis for assault and also for discharging the contents of their revolvers at him on the 12th August.
.  .  .  
The defendants were then formally committed for trial, bail in $500 being accepted for their appearance.  They reserve defence.  The Captain said he would not go security for more than the money due to the mates, but it is understood that he eventually signed the bail bonds, and the mates were released from custody.
11th Jan.
  A carpenter named Lockhardt belonging to the ship Lancefield from New York was charged by the Master Capt. Delapa with refusal of duty.  The case against the defendant was that he was ashore without leave almost constantly since the ship came into port, and could not be got to do his work.  His defence was that he went ashore with the second mate's permission on one occasion, and on another because the first mate assaulted him and cut his face which necessitated his going to see a doctor.  As there was a cross-charge against the mate for assaulting the defendant his Worship adjourned the hearing of the case till the morning when both charges will be heard together.

North China Herald, 19 January 1887
Shanghai, 13th Jan., 1887
  This morning the trials of the prisoners Jervis and Lee, seamen, and Sanderson and Sullivan, first and second Mates of the Lennie Burrell, were commenced before Sir. R. t. Rennie and a jury.
  The case of Cornelius Jervis was first taken up.
.  .  .  
  The jury retired, and after ten minutes' absence returned to Court with the verdict of "unlawfully wounding."
  At the request of the prisoner's counsel, sentence was deferred until the other trials had been concluded.
13th Jan.
.  .  .  
M. Latham said the prisoner pleaded "not guilty" simply to raise the question of the jurisdiction of the court, he being an American citizen and outside the jurisdiction of the court. .  .  .
  His Lordship said he had no doubt about the jurisdiction of the court in this matter. .  .  .  
M. Latham said that under these circumstances the prisoner wished to withdraw his plea of "not guilty" and plead "guilty of unlawfully wounding," if the learned counsel on the other side would accept that plea.
.  .  .  
His Lordship, in passing sentence, said that it was unfortunate for the prisoner that the man who was wounded by him had since died; but it was perhaps fortunate for him that so long a time had elapsed from the time he inflicted the wound till the man's death, and no charge had been brought against the prisoner of causing his death.  His counsel had put well before the Court the circumstances which he thought entitled him (the prisoner) to a light sentence being passed upon hm.  The use of the knife as a practice, except in cases of the most absolute necessity or of self defence, that a judge was always obliged to consider a most serious crime.  Seeing that the prisoner did use it deliberately in this instance his Lordship would not be doing his duty unless he passed a substantial sentence upon him, and the sentence was that he be imprisoned and kept to hard labour for 12 calendar months.
  The prisoner, who seemed somewhat astonished at the sentence, was then removed.
  GILBERT ORMSLY SANDERSON, he chief mate, was then formally arraigned .  .  .  
  MICHAEL SULLIVAN, the boatswain and second mate was arraigned on similar indictments .  .  .  
  Neither of the prisoners were professionally represented.
14th January.
.  .  .
His Lordship in charging the jury said it was  a case which he would leave altogether in their hands.  He thought that though the investigation had occupied a long day it was not time wasted. .  .  .  
  The jury then retired and after three or four minutes' absence returned, and said that they were unanimously of opinion that the prisoner (Sanderson) was not guilty of any of the charges.
  His Lordship said he concurred in the verdict of the jury, and discharged the prisoner.
  Mr. Wilkinson intimated that he did not intend to place Sullivan on his trial as the evidence was the same as in Sanderson's case.
  His Lordship thereupon ordered Sullivan to be released from custody.
15th January.
  Cornelius Jervis was today put forward at the bar for sentence.
  The prisoner made a statement in which he asked his Lordship to take into consideration in passing sentence, the fact that he had been wounded and imprisoned for over four months on the ship.
  His Lordship said that he had considered all the points urged by the prisoner, but he was determined to put down such dangerous practice as the use of the knife. Therefore he would not be doing his duty if he inflicted a lighter penalty than eighteen months' imprisonment.
  The prisoner was then removed.

North China Herald, 19 January 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
15th Jan.
  John Wood, a seaman late of the Lennie Burrell, was bought up charged with being drunk on the previous evening outside the Supreme Court.  The prisoner who was arrested immediately after he had given evidence in defence of Cornelius Jervis was sentenced to 48 hours imprisonment.


Source: North China Herald, 6 April 1887

Shanghai, 30th March 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
WILLIAM TANNEY, JOHN HEALY, WM. CARNEY AND JAMES KANE, seamen on the Lennie Burrell were put forward charged, by Captain Murphy, with refusal of duty.  The accused admitted that they refused duty and said that when they went aft to complain of the beef and pork, the Captain bullied them.  His reply to the complaint was that they were causing trouble, and that the meat was good enough for him, and he was as good a man as any of them, therefore it was quite good enough for them.  They asked to be allowed to go ashore to see the Consul, but the Captain would not allow them.
  The captain was sworn and said that the beef was good enough for anyone to eat, but when the men complained of it, he bought a fresh stock of beef and pork in order that there should be no complaints.  He admitted that the first beef was not good, but the defendants refused to go in the ship at any cost.
  The accused Healy said that the old beef was so bad that they had to pass it out on deck, when it came forward to be cooked, on account of the smell.
  The Captain in reply to the Bench said that he brought the old beef from New York.
  The accused said that they had got none of the beef taken in at Shanghai and yesterday they had nothing to eat but bread.
  His Worship said that he would have to have a survey of the beef as it was impossible to believe either party.  He therefore adjourned the case till a survey was taken.
  The accused Healy asked that a piece of the beef should be boiled by the Surveyor.
  In reply to his Worship the captain said that he was going to St. John's, New Brunswick, and had laid in a proper supply of provisions for the voyage, which would probably last a hundred days.
  The case was adjourned till Friday, the men being ordered to go back to the ship.
  The defendant Kane - Mr. Jamieson, I refuse to go in that ship.
  His Worship - Oh, I know you of old, I have made your acquaintance before.  You will go back to your ship.
  Captain Murphy was then put forward to answer a summons taken out against him by M r. Brown, Vice-Consul, for contravention of Sec. 160 of the Merchant Shipping Act of 1854, in shipping a man named Grant, without having Articles properly signed before the authority of the port.
  His Worship explained the nature of the offence, for which the defendant was liable to a penalty not exceeding 20 Pounds.
  The defendant said that it was the custom in England, and in every other country, to ship a man on board if the vessel was short-handed after articles had been signed, it if was entered into the official log book.
  Mr. Brown was sworn and said that the matter would not have been discovered only that the Articles had to be sent back in the other case.  He believed that there were circumstances which made the case somewhat aggravated.
  Patrick Grant was sworn and said that he was drunk at the time, and did not know how he was shipped.  He was insensible when he was taken on board.  He had been stopping at the Mariners' Home, kept by a man named Bennett.  He was told that it was on Sunday that he was bought on board.  It was on Monday that he first found himself on board and was then sick and feverish.  The second mate told him to go forward and turn to at work. He got nothing to eat for four days and it was not his wish to be on board the ship.  He did not sign the Articles and it was not true, as Captain Murphy said, that he could not write.  Someone told him that he was brought on board on Sunday morning, in a boat.
  The defendant said that he asked Grant did he want to go on the ship and he said that he did.  Defendant said that he did not want to have any trouble and that he was not to come on the ship if he was not perfectly willing to join.  The man walked perfectly straight into the cabin and touched the pen in signing the Articles, saying that he could not write.
  John Healy, sworn, said that Grant was brought on board on Sunday morning in a sampan, stupidly drunk.  He fell off the trunk on which he was sitting and dropped asleep immediately.  He was sick ever since.
  His Worship said that the captain not only shipped the man illegally, but shipped him when he was in a condition in which he would not be shipped before the consul.  He did not suppose that he meant to wrong the man, but he would inflict a fine of $10.
4th April.
  A number of summonses and cross summonses arising out of a free fight which took place opposite the Star public house in Hongkew, on Friday shortly after noon, between a portion of the crew of the now notorious ship, the Lennie Burrell and some sailors residing in Hongkew, were heard this morning.
  The case of M. Healy v. P. Byrne was first gone into.
  The defendant had his head bandaged with a handkerchief.
  Healy was sworn and said - After your Worship told us to go on board on Friday this man  Byrne met us opposite the Star public house and signaled me out from the crowd  saying "Healy you son of a -----, me and you for it" meaning by that that we were to fight.  The other man Kane jumped in between us saying "this has nothing at all to do with you" and struck him in the face.  Byrne struck me second time and I struck him back, knocking him down into the coach house, next the public house.  Someone in the crowd sand out "here's Jackson with a club."  Kane pulled out a knife and said "let me at Jackson."  I then struck Byrne who was coming at me with the club which he got from Jackson, and I knocked him up again the wheel of a carriage.  The club was then taken from him.
  During the time Byrne was striking me with the club Captain Edgett of the Hagerstown who was standing by sang out "give it to him, give it to him.  God ---- you." I don't know why, but I thought it was a made up plan. I knew Byrne before.  I don't know why he wanted to strike me I never had any row with him, or said a word about the Lennie Burrell case.  We tried to break our way back to make a report to the consul, but we could no force our way through the crowd of captains, mates, and stewards, who stood in our ay striking us with sticks and umbrellas.  Afterwards two Sikh policemen came and got us away and I reported it at the police Station.
  His Worship - What was the occasion of all this tow?
  KANE in reply to His Worship aid that all the captains and mates in Court and I arranged with Byrne's party to "lick" witness and his friends.  The captain of the Hagerstown "that man sitting there grinning" wanted some of his own men who left his ship and were om board the Lennie Burrell, to be "licked." He supposed they paid Byrne and the others a few dollars for the job, but could not prove it.  He was positive that Huckins ran at him, when Saunderson was trying to strike him.
  A coloured seaman named Louis corroborated Kane's evidence.
  Captain W. H. Edgett, late of the Hagerstown, and at present stopping in the Astor House, was called by Saunderson.  He said that he was in Court on Friday at the Lennie Burrell trial.  After the case, he walked down towards his hotel and aw the row.  He saw Kane and Healy beating Byrne on the head with a club.  There was a regular free fight going on, nearly everyone having a club or some sort of weapon.  Mr. Saunderson was standing beside witness during the whole of the time, and he never raised his hand to anyone.  Kane tried to strike him.
  Healy and Byrne then changed places, the former stepping into the prisoners' box and Byrne taking the oath.
  Byrne then repeated the story which he gave in his defence in the first case.  He admitted raising his fists to defend himself, and afterwards when he was being beaten by two or three friends of Healy, that he availed himself of the proximity of a stick which he used to defend himself.
  Wm. Tripp steward of s hip Hagerstown gave evidence for Byrne.  He deposed that he saw Healy hit Byrne, but did not know if Byrne struck him first. A man rushed over to Byrne, who was down, and was about to strike him on the head with a large stone when witness shoved him aside telling him not to hit the man.
  His Worship addressing Byrne said that he was to blame for attacking the Lennie Burrell men, and would have to go to jail for 10 days.
  Addressing Kane, his Worship said that he did not believe his story, and would dismiss the charge against Saunderson.  That against Healy was also dismissed, the summons in which Jackson is prosecutor being allowed to stand over.
  The Lennie Burrell men were then ordered to return to their ship.


Source: North China Herald, 22 April 1887
Shanghai, 15th April 1887
Before George Jamieson, Esq., Acting Assistant Judge.
  JAMES KANE, a seaman on board the Lennie Burrell, and a notorious scamp who has had several experiences of H.B.M.'s jail in the Settlement, was put forward charged by Detective Office Jones with having a deadly weapon, to wit a large sharp knife, in his possession with the intention of doing Charles Huckins, H.B.M.'s Consular jailer grievous bodily harm
  Detective Officer Jones deposed that at 10 p.m. yesterday he saw Huckins going over the garden bridge in a trap, and Kane following him at a run.  Witness met a man named Freeman, whom he knew, and asked him what Kane was doing, to which he replied that he was following Constable Huckins.  He (Jones) jumped into a jinricksha and followed the prisoner, and succeeded in capturing him.  When he caught hold of Kane the first thing he did was to pull the sheath knife (produced) out of his belt.  He was not wearing it in the ordinary manner of a seaman, but round in front so as to be ready at hand.  The knife had just been taken from the grindstone, and was as sharp as a razor.  On speaking to the prisoner and asking him what he was doing, running after that man, he said "I have not seen him tonight, and if I do I'll  swing as high as that post for him," pointing to the electric light post, and adding that Huckins had charged him five dollars for cashing his note.
  The prisoner - I never said any such thing, you big headed fool.
  Inspector Fowler said the knife as a most dangerous weapon, and was much sharper than is usual for a seaman's knife to be.
  The Prisoner said that he had the knife for his own protection, as the last time he came on shore he was attacked by twenty men with clubs, and nearly killed.  He wanted to be ready for them the next time.  He always kept the knife sharp as he used it for cutting his chow.  He was perfectly innocent of the intention to do any one harm, and Mr. Jones merely put the charge against him as he could get no other and was anxious to have him up somehow.
  His Worship said it was against the regulations of the Settlement for a seaman to come on shore carrying such a dangerous knife.
  The Prisoner said that he was not aware of hat.
  His Worship - Very well, I will teach you, I know you very well, Kane.
  The Prisoner - I know you do, Mr. Jamieson, but I am innocent this time. (Laughter,)
  G. FREEMAN a coloured man said that he saw Huckins passing by his (witness's) house in Broadway, last night in a trap, and Kane running after him.  They both bade witness good evening.  Immediately afterwards Mr. Jones who was standing in the road asked witness what Kane was running so fast for, and he (witness) said that he supposed it was after Huckins.  Witness knew nothing more about the prisoner except that he sometimes came to take his meals in his (Freeman's) place.
  The Prisoner in reply to the bench said that he came on shore without leave as the ship was lying in the dry dock and the crew could come and go as they liked.
  His Worship - Who is the captain of the Lennie Burrell now? Is there a new Captain|
  The Prisoner - Jimmy Murphy (laughter.)
  His Worship sentenced the prisoner to 10 days imprisonment.
  The prisoner - It is very hard, Mr. Jamieson that I should be sent up for nothing.
  His Worship - That will do.  I know you very well; you are a dangerous character.
  The prisoner was then removed vowing vengeance generally.
  Inspector Fowler subsequently applied that something should be done to ensure the prisoner's good conduct after his term of imprisonment expired.
  KANE was brought back, and His Worship addressing him said that he was not at all satisfied with his behaviour.
  The Prisoner - Mr. Jamieson since I joined that ship I have been behaving myself.
  His Worship - Listen to me. I am not at all satisfied about your intentions coming on shore with such a deadly weapon in your possession.  I shall require you to find someone to go security for your good behaviour and that you shall keep the peace after you come out of jail.  If not I will have to send you up again until your ship is leaving.
  The Prisoner who [did] no seem to relish the prospect in the least, with more candour than compliment to himself, admitted that there was not a single person in Shanghai who would go bail for him even to the extent of a hundred cash, and protested that it would be very unjust if he was kept in confinement till his ship was ready to leave.  This, he said she would not be able to do for two months as she was in the dry dock.
  His Worship said that the prisoner should be brought up again at the end of ten days to see what should be done to keep him out of mischief.
  The prisoner was then removed protesting indignantly.

Source: North China Herald, 29 April 1887

Shanghai, 25th April.
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  Three of the crew of this notorious and unfortunate craft, named Carney, Healy, and Fearns alias Bennett, alias Tanny, were brought up charged with drunkenness.  All three have frequently figured in the court of late, and are described by the police as incorrigible "toughs."
  His Worship to the first prisoner - Carny is your name?
  The Prisoner - Yes, your Worship.
  His Worship - You have been up here before? The prisoner - Yes, sir.
  Inspector Fowler said that on Saturday night, he prisoner was arrested for being drunk in Broadway.  Witness sent him on board his ship and yesterday afternoon he was again brought in helplessly drunk.  They were an incorrigible set of men.
  Carney - Your Worship, the liquor is very cheap and strong, and knocks a man over in no time.
  Captain Murphy master of ship said that he wanted the prisoners prosecuted as deserters.
  The Captain was then sworn and said that on Saturday night the mate told him that all the crew, with the exception of four, went on board and took their clothes ashore, and sold them in the American town.  The prisoner Carney chased witness on Saturday night in a jinricksha, and he (Captain Murphy) drove away to keep clear of him.
  In reply to the Bench he said that he could not say whether prisoner came on board on Saturday evening.
  Detective Jones said that he was in the station yesterday afternoon about four o'clock when Carney was brought in in a jinricksha by a Chinaman hopelessly drunk.  Witness arrested the prisoner Bennett himself yesterday afternoon stupidly drunk.
  The man referred to said in a very indignant tone, that his name was not Bennett but Fearns.
 Witness said, in reply to the Bench, that Carney and the other man came from Yokohama.  Witness saw the boxes and clothes in a Chinaman's shop in Miller Road which the proprietor said the Lennie Burrell men had sold to him.
  Carney in reply to His Worship said that he had no clothes to sell.
  Inspector Cameron said that he had given Caney three or four suits of clothes already, but he made away with them almost as soon as he received them.  Witness believed that the crew had no intention of proceeding to sea in the hip.
  Captain Murphy - recalled stated that he now had twelve foreign seamen on his books only four of whom remained on the ship.  None of them belonged to the original crew.  Bennett and Carney had got each 3 Pounds on advance.  Healy had 4 Pounds.
  The prisoner Carney admitted that this statement was true, but said it was nearly two months since he got the money and he had given a month's work for it.
  Captain Murphy said that if the accounts were settled, and if the time which thee men had spent in prison and on shore drinking were allowed for, it would be found the men were in debt to the ship.
  His Worship said that he would keep them out of mischief for two months at least.  They should go to prison for that time, or be put on board if the ship sailed sooner.
  Captain Murphy protested against taking two of the men, Healy and Kane, to sea in his ship.  He was afraid of them. They were the ringleaders in the disturbances, and invented all kinds of annoyance for him, singing ribald songs round his cabin and making unnecessary noise while at wk.
 This caused the prisoners to roar with laughter.  They were then taken from the bar to make room for
  JAMES KANE, who had just come out of prison, where he had been confined for 10 days on a charge already reported, i.e., coming on shore with a dangerous weapon, a knife, with the intention of doing constable Huckins grievous bodily harm.
  Inspector Fowler said that there were yet three other pioneers charged by the Captain.
  KANE was hereupon ordered to stand down for the present.
  HENRY HICKS, JOHN LEWIS, and J. FROST were then put forward charged with refusal of duty.
  Captain Murphy deposed that they refused to go to work that morning.
  The prisoner Hicks admitted the charge and expressed his intention of not going to sea in the ship, on which, he said there had been nothing but trouble.  He was willing to work but the officers were constantly bullying men, and they could get nothing to eat but dry rice.
  Captain Murphy said that the usual time for the men to turn to work was 6 o'clock in the morning.  Breakfast was served at 8.  He called them aft this morning and they refused to work. They would have got their breakfast if they turned to.
  The prisoners Frost and Lewis admitted that they sold their clothes.
  Witness, to his Worship - I would discharge the whole of them if I could, but that is no left in my hands.
  His Worship said that three did not appear as bad as the others.  They would go back to the ship and forfeit two days' pay.
  The Prisoner Hicks - I won't do any work on board that ship.  If I go on her I will be hung in New York, and I may as well be strung up here.
  The Prisoner Frost - I refuse to go on board.
  They were then removed and the prisoner Kane put forward again.
 His Worship asked Kane had he succeeded in getting security for his good behaviour?
  The prisoner said that he had not. There was money owing to him on board the ship, and he had long ago worked out his advance.  He would not go on board her now for 20 Pounds a month, as murder might occur in her at any time.  It was he captain who was the instigator of disturbance, because the men would not eat his "rotten grub."
  The prisoner was then ordered to be sent back to prison till the ship was ready to start when he would be put on o board.
  The Prisoner, Healy - May I speak your Worship? I refuse to go back to the ship.
  Kane - And I refuse too.
 His Worship - Sit down.
  The prisoners, Kane, Bennett, Healy and Carney were then removed handcuffed in couples.  In leaving the Court one of them contrived to jump on the Captain's foot, while Kane paid him the delicate attention of extending his fingers to his nose as he was marched away shouting "Good bye Jimmy Murphy."


Source: North China Herald, 29 April 1887

Before General Kennedy, Consul-General, Acting Judicially.
  A coloured seaman of the ship, late of the Lennie Burrell, named Middleton as put forward charged with being drunk and disorderly.
.  .  .  
  Hs Honour ordered the prisoner to be confined in the consular jail for seven days unless he is shipped before that time.


Source: North China Herald, 6 May 1887

Shanghai, 29th April.
Before Geo. Jamieson, Acting Assistant Judge.
  Three seamen of the Lennie Burrell named Hicks, Frost and Lewis (coloured) who some days since were fined two days' pay each and ordered to return to the ship for refusing to do their work, were brought up again on a similar charge.
  James Murphy, the Master of the ship, deposed that the accused, who did not go back to their shop till the day following his Worship's order, refused to go to work this morning, and that Hicks, in addition, said that he had been in wait for witness and if he met him he would have smashed open his head.
  The accused in defence said that the Captain wanted them to go to work without having got their breakfast, and they refused.
  The Captain said that he had given the cook orders to serve out the usual rations, but he (witness) was not going to feed men who refused to do their work.
  His Worship said that he should find out what was the cause of all the dissatisfaction and trouble on the ship.  The cook should attend and if it was found that the excuse about the food was a blind, as he believed it was, the men would go to prison and pay for their keep till the ship was ready to sail, when they would be put on board.
  The accused alleged that the officers were constantly bullying them, and said that they would not go to sea in the ship.
  His Worship said that such conduct on the part of the crew could not be tolerated.  They had got each an advance of a month's pay, which they spent on having a "good time" om shore, after which they sold their clothes to prolong the spree, and he thought that they were now merely trying to get clear of the ship with the intention of repeating their acts on another vessel.
  Lewis said that the captain was not a fit man to sail with and he would not go to sea for any consideration.
  The prisoners were remanded for the attendance of the cook, his Worship again warning them of the consequences of their conduct if their story was found to be a fabrication.
30th April.
  The three men of this tiresome and troublesome ship who had been remanded the previous day were brought up again for refusal of duty.  The Chinese cook and steward of the ship were produced as witnesses for the Master.  The evidence of the cook was to the effect that the breakfast for the crew consisted of beefsteaks and potatoes, with coffee and biscuits and was served at 8 o'clock.  The day before yesterday the chief officer told witness only to serve out coffee and biscuits in the morning and tea and biscuits in the evening.  The crew got their regular food before that.  He had to cook for all hands - 13 in all.  The food was supplied by the Compradore, 28 lbs of beef were supplied every day. Before he was told not to give the men anything but coffee, tea and biscuit.  Cross-examined by Healy, witness stated that on Monday last he did refuse to give Healy his supper, but that was because he came for it at 9 o'clock, which was too late, the usual time for supper being 7 o'clock.
  His Worship told Healy that he could not expect to have his meals served to him at all hours - he should be on hand at the usual time.  His Worship addressing Captain Murphy, said that he was not going to support him in any such mean petty way of punishing his men as that, which he had adopted, in cutting the supply of food.  If the men misbehaved or would not do their work he (the captain) should at once bring them before the court and they would be dealt with.  Next addressing the prisoners he asked if they would return to their duty, at the same time telling them that if they had any fault to find with the ship they should being their case before the court, but that he could not uphold them in refusing duty.
  Healy and Frost said that they did not intend to do any more work on board the ship.  His Worship then sentenced them to two months' imprisonment with hard labour.  Lewis said that he would return to the ship of the captain would "give him his grub regular." His Worship then ordered him to pay the costs and return to his duty.


North China Herald, 8 July 1887

Shanghai, 5th July 1887
Before Geo. Jamieson, Acting Assistant Judge.
  JAMES BENNETT was brought up by Sergeant Keeling charged with being drunk yesterday.  The accused admitted that he was a deserter from the notorious Lennie Burrell, having swum ashore when she was at Woosung on her way out five weeks ago.
  In reply to his Worship as to where he was living and what he had been doing since, Bennett said that he had been living nowhere, but slept out wherever he could find a place to lay his head, as nobody would let him in, when they heard that he was from a ship with such a bad name; nor could he get anything to do.  He was a citizen of the United States, but General Kennedy could do nothing for him until he was discharged, the Lennie Burrell being a British ship.  He had had nothing to drink for weeks until yesterday when he went to the American Consulate to celebrate the "Glorious Fourth," and got "carried off" first by the liquor and then by Sergt. Keeling to the Station.  He had applied to Mr. Brown for a passage away from Shanghai, but unsuccessfully.
  His Worship declined to deal with the case and ordered the accused to be taken before the U.S. Consul-General.
.  .  .  
  The accused was brought before General Kennedy in the afternoon, but as he had not been discharged from the Lennie Burrell, the court would not accept jurisdiction over him.

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