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Colonial Cases

Minor cases 1887

North China Herald, 5 January 1887
4th January.
  George McPhail, a seaman on the Mark Lane, was charged with stealing a clock, value $3.50, from a china shop on the Szechuen Rad, this morning.  He was arrested by Police Constable No. 26, who found him with the time piece under his arm.  He admitted stealing it at the time, and when brought to the station said if he was let out he would steal another.  The Captain of the ship attended, and said that the prisoner stole the clock for the purpose of getting clear of the ship, as he wanted to go to San Francisco.  The prosecutor in the case however did not appear.  There was a second charge against him of deserting from his ship and his Worship sentenced him to 10 days imprisonment on this charge, ordering that if the Captain made application, he would be put on board his ship the night before she sailed.  The charge of larceny was allowed to remain open, in case the prosecutor appeared.


North China Herald, 5 January 1887
Shanghai, 28th December 1887
Before General R. Kennedy, U.S. Consul-General, Acting Judicially.
  This was a case of assault, but it ended in the defendant being honourably acquitted.  
  The Defendant was charged with assaulting the complainant on the 26th instant at 4 p.m.
  The Defendant pleaded "Not guilty."
  The Plaintiff said - I do not know whether the defendant is the man who struck me.  The assault complained of occurred at 4 p.m. on the 26th instant on the Yang-king-pang, English side.  I was walking in the street at the time, and there were a few sailors there.  When the man who struck me saw a policeman coming, he ran into a samshu house.  It was a foreign house, but I did not know the name of it.
  The Defendant had no questions to ask.
  Native Constable 124 stated - The day before yesterday I was on duty on the Yang-king-pang, and saw a foreigner and a Chinaman fighting.  Another Chinaman called for the police and I went to the place.  I saw the foreigner strike the Chinaman and then run into a samshu shop.  The defendant looks like the man who wanted to kill the Chinaman.
  A Lee, sworn, stated - I was on duty on the Yang-king-pang on the 26th instant at 4 p.m. and saw a crowd of people. I saw a native constable there (the witness) and he said a row had occurred between a foreigner and native, and that the foreigner had gone into the "Eagle Tavern." I went in and saw the Manager who said the man was not there, but had gone through the house and out by the back door.  I did not see the defendant there.
  Svensen, the defendant in the first case, was called as a witness.  He said:- I was at the "Eagle Tavern" at the time of the fight, but I do not know when the defendant came in.  He told me he had been fighting with some Chinese.  He was drunk and went out through the back door.
  The Defendant - I do not know anything about the fighting.  I was drunk.  I do not know whether I struck a Chinaman or not.  My chum saw what went on.
  E. KERSHIES, sworn stated - I was standing outside the "Eagle Tavern" at 4 p.m. on the 26th.  A Chinaman came along.  The defendant did not strike him.  Jackson was drunk and hung on one of them who turned round and grabbed him by the throat.  The other Chinaman got hold of him and he tried to get clear.  I do not know if he kicked he plaintiff or not.
  His Honour to the defendant - I find you guilty of the charge of assault and battery.  The Chinaman was doing his business and you had no right to stop him; you were drunk, but that is no excuse.  You will go to prison for 20 days, pay a fine of $5 and the costs of the court


North China Herald, 12 January 1887
Shanghai, 10th Jan. 1887
Before George Jamieson, Esq., Acting Assistant Judge.
  This was a summons by Mr. Wm. Alfred Watson, of the Hongkew Hotel, to recover $79.80 from Mr. Wm. Maitland for cash advanced and refreshments supplied.  The defendant did not appear.
  Service of the summons having been proved,
  The plaintiff as sworn and produced the chits for the amount claimed.  In reply to his Worship he stated that he advanced the defendant $5 and $5 again from time to time.  The rest of the amount claimed was for refreshments supplied.
  An order for the amount was granted.
11th January.
  Mr. N. C. McLeod was summoned by Chiu Poo for non-payment of his wages from 1st October to 3rd January, amounting in all to $31.00.
  The defendant said he did not admit that he owed the plaintiff anything because he had broken a gun (produced) belonging to him (defendant.)  The plaintiff took the gun, loaded it, filling the barrel with paper and fired it off from the verandah in presence of two witnesses, causing it to burst the muzzle.  The lock was also entirely spoiled.
  His Worship said he could not hear the cross-claim unless the plaintiff submitted to the jurisdiction of the court, otherwise it would have to be heard in the Mixed Court.  The plaintiff consented to have the case heard by his Worship.
  The defendant admitted that he would have owed the plaintiff he amount claimed if he had not broken the gun.
  The plaintiff, through the interpreter, said that his master left the gun in the room and as it got dirty, he brought it out into the verandah to clean it.  He pretended to fire at some birds which were messing the place, and not knowing the gun was loaded, it went off.  He would not have played with it, if he thought it was loaded.
  His Worship said he was afraid he could hardly believe the above story.
  A coolie in the employment of the defendant was called and said, that he saw the plaintiff with the gun in his hand and heard the report.  That was all he knew about the matter.
  Another coolie named Lok Ah Sing said he saw the plaintiff fire the gun, but did witness him loading it.
  The defendant was sworn and deposed that he left the gun in the corner of his bed room, unloaded.  He always took care to leave it empty and clean.  The last witness told him that he saw the plaintiff put some paper in the piece.
  Lok Ah Sing was recalled and said that when the boy as firing the gun he saw some paper sticking out of the barrel.
  The defendant in reply to his Worship said the gun which was a first-class one, cost $100 three years ago at Hongkong.
  His Worship held that the gun had been destroyed by the plaintiff who clearly had no business fooling with it, and he would therefore have to pay for it as far as he was able.  He accordingly dismissed the summons.


North China Herald, 12 January 1887
Shanghai, 5th Jan., 1887
Before George Jameson, Esq., Acting Assistant Judge.
  A well known rowdy named Cane was brought up on remand charged with having on the afternoon of the 28th ult. stolen $17 from S. Bolderson, a machinist on H.M.S. Daring. The facts of the robbery which have already been reported, were substantiated by a witness, and the prisoner was sentenced to two months' imprisonment.  On receiving the sentence he became very violent and swore that he would kill the prosecutor when he came out of jail.  When he was being removed into custody by a police constable, he suddenly made a dart at Bolderson to whom he used vile language and attempted to strike him but he was seized by several other officers before he could wreak his threatened vengeance.  The Magistrate, strange to say, allowed his conduct to pass without having him brought back for further and well merited punishment.  Mr. Cane it may be observed is quite a desperate character in his way, and since he came to Shanghai has been in jail several times on various charges.


North China Herald, 19 January 1887
17th Jan.
Before Sir R. T. Rennie, Chief Justice.
R.F. THORBURN acting on behalf of the Municipal Council,
and ALEX. MYBURGH v. R. F. THORBURN acting on behalf of the Municipal Council.
.  .  .  
His Lordship said the case undoubtedly arose out of Mr. Myburgh's forgetfulness but as the council insisted as they had a right, to have that proved, he could not give costs.
  Mr. Wilkinson asked that judgment should be given for taels 147.18 minus taels 16.80.
  Mr. Robinson asked his Lordship to enter a verdict for the Council for Taels 16.80 and one for Mr. Myburgh for taels 157.18.
  His Lordship however did not accede to this request, and entered judgment in the manner sought by Counsel for the plaintiff.


North China Herald, 19 January 1887
Shanghai, 12th January 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  ISRAEL L. DELAP first mate of the kerosene oil ship Lancefield, was charged by the carpenter, Albert Lockhardt, with having assaulted him. The evidence of the prosecutor, and two seamen named Russell and Olson, was to the effect hat on Saturday last the defendant spoke to Lockhardt about striking a boy on the ship.  The complainant afterwards asked leave to go ashore when the defendant took hold of him and pushed him roughly. .  .  .  
  There were three other charges of assault preferred against the same defendant by members of the crew.
.  .  .  
The summons against Lockhardt by the captain for refusal of duty, was gone into, but the defendant escaped with only having to pay the costs.


North China Herald, 9 February 1887
Shanghai, 5th Feb., 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  JAMES MILLER who is only lately out of prison was charged with assaulting a Chinese woman named Ah Chi, at 28, Chapoo Road.  The prisoner pleaded guilty to a common assault, but the hearing of the case had not proceeded very far when the details necessitated His Worship clearing the court and taking the evidence with closed doors. The woman, it appeared, heard on Wednesday night a tap at the hall door, and thinking as she said "it was her master," she opened the door, and the prisoner who had climbed over the outside paling rushed in and locked the door, and put the key in his pocket.  He is alleged to have then committed the assault, and to have also demanded money from the woman, on her refusing to give him up her jewellery.  The prisoner was remanded till Tuesday.
8th Feb.
  James Miller was brought up on remand charged with assaulting Ah-chi a Chinese woman at 28 Chapoo Road under circumstances already reported.  Some corroborative evidence having been given by Portuguese neighbours of the complainant, the prisoner was convicted of aggravated assault.
  The police inspector in charge of the case applied to his Worship to deport the prisoner, detective Jones reading the prisoner's record from which I appeared that he had been guilty of breaking into houses, respectable and otherwise, more than once before, and conducting himself in a similar manner to that proved [in] the present case.  In fact, as the detective stated, Miler is a dangerous character and his absence would be a benefit to the community at large.  In reply to his Worship the prisoner entered into a long narrative as to his connection with the woman, but it had no direct bearing on the charge.  His Worship sentenced him to six months' imprisonment with hard labour, in addition to which he was ordered to find security for good behaviour when he comes out pf prison, with the alternative of returning there for a further period of six months.


North China Herald, 23 February 1887
Shanghai, 18th February 1887
Before Sir R. T. Rennie, Chief Justice, and Capt. Ross, s.s. Benalder, Capt., F. Jackson, s.s. Paumben, Assessors.
  The hearing of the case arising out of the recent fatal collision between the P. & O. Nepal and the Chinese transport Wan-nien-ching came on for hearing this morning.  The Tao-t'ai occupied a seat on the bench and the court was nearly filled with Europeans and natives.   
.  .  .  
23rd February.
  Judgment was delivered this morning, the court being very crowded.
  His LORDSHIP, in giving judgment, said that the Neal was proceeding at an undue rate of speed and that the reversal of her helm to hard-a-starboard was an error of judgment and caused the collision.  The case of contributory negligence was not made out against the Wan-nien-ching, and therefore the Nepal was wholly to blame for the collision.  There would be the usual decree and reference to the registrar.


Daily Alta California, 22 April 1887

A case was heard the other day before the United States Consular Court at Shanghai, in which several of the crew of the American vessel Antelope were charged with assisting one of their comrades to desert.  It transpired that the deserter had left the vessel one night during the voyage, and endeavoured to reach an island by floating to it on a plank, to which he had rigged up a sail.  Whether he succeeded or got drowned in the attempt was not known, but anyhow the officers were kept in ignorance of what had occurred until the opportunity of interfering had passed.


North China Herald, 22 April 1887
Shanghai, 13th April 1887
Before George Jamieson, Esq., Acting Assistant Judge.
  P. H. BLIFFORD, a constable in the Municipal Police force, was brought up charged with stealing a quantity of clothing and police requisites belonging to the Municipal Council.
16th April.
  P. H. Blifford was brought up on remand on the charge already reported.
  The accused said that he was born in Brunswick, Germany, but was a naturalized American citizen and was registered before General Kennedy in the U.S. Consulate.  He had nothing to do with the German Consul, who had no jurisdiction over him.
.  .  .  
  His Worship then directed the accused to be taken to the American Consul-General, and if it was found that he could not be tried here, or by the German Consul, he would be sent to the Mixed Court.


North China Herald, 29 April 1887
Shanghai, 22nd April.
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  Wm. Davey appeared to answer a charge of assaulting Thomas de Campos at the Criterion Hotel on Monday last.
  The complainant a clerk in the Criterion Hotel, deposed that some days ago a letter was brought to the Hotel for Mr. Davey.  As he was not there at the time Complainant thinking that it might be a business communication of some importance, told the boy to take it to the local post in order that it might be forwarded to the addressee. Defendant came to Witness on Monday and asked him why he sent the letter away, and struck him with his open hand in the face.  Complainant had no orders to keep any letters for Mr. Davey.
  The Defendant stated that on Monday last a letter addressed for him to the care of the proprietors of the Criterion Hotel was delivered there.  It elated to a situation in Hankow and the envelope was marked "refused by the Proprietors of the Criterion Hotel."  Defendant went to Complainant and asked him why he sent the letter away, and he denied having done so, but the boy who brought the missive back to the post office contradicted him.  The Complainant afterwards admitted that he sent the letter back and added in an insolent tone "what if I did?" Defendant thereupon slapped him in the face.
  His Worship imposed a fine of $5, with the alternative of 10 days imprisonment.

North China Herald, 13 May 1887
Shanghai, 6th May.
Before Gen. Kennedy, Consul-General, Acting Judicially.
  Francis Mullin and Walter Jackson, two seamen were brought up charged with being drunk and disorderly in Hongkew.  There was a second charge against Mullin for assaulting a jinricksha coolie, and damaging his vehicle to the extent of $2.  He was committed to jail for 10 days and ordered to pay a fine of $5 with costs, both prisoners to be put on board their ship if it sails before their term of imprisonment expires.

North China Herald, 20 May 1887
Shanghai, 14th May
Before Gen. Kennedy, Consul-General, Acting Judicially.
  Patrick Grant, late, a seaman on the U.S. ship Antelope, was fined $5 for being drunk and incapable in Broadway, Hongkew, on Friday night.
  Frank Maize was brought up on a charge of deserting from the ship Imperial on board of which he was put by the police on Wednesday last.  It appeared that the delinquent, having divested himself of clothing, slipped over the side of the ship into the river and swam ashore.  His reason for doing so he alleged was because of some disagreement with his fellow seamen.  He was sentenced to 30 days' imprisonment to which was added a fine of $20.


North China Herald, 27 May 1887
Before Sir R. T. Rennie, Chief Justice.
Shanghai, 23rd May, 1887
  This suit which arose out of a claim for Tls. 20,000 on a contract, came on for hearing, but as there was no appearance for the defendants was not gone into.
  Mr. Wilkinson on behalf of the plaintiff applied for leave to amend the petition to enable him to make the Secretaries of the Glass Co., Messrs. W. Birt & Co., defendants in the suit.
  The application was granted.


North China Herald, 1 July 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  JOHN WALSHE, who in reply to the magistrate stated he was a native of Waterford, Ireland, and was described as an unemployed seaman, was put forward charged with assaulting F. Winter, a German seaman, of the American ship Hagarstown, on Monday night.  The prosecutor deposed that he was in the Prince of Wales tavern when the prisoner came in looking for a drink.  A sailor from the Daring paid for a glass of beer for him.  The prisoner then accosted prosecutor for no reason and asked him his business, after which he invited him outside at the same time telling him "to put up his fists."  He had nothing in his hand at the time but as he (Winter) put up his hands to defend himself the prisoner drew his knife in its sheath and struck him in the left side.  The weapon penetrated the sheath and Winter's coat and shirt, inflicting a slight wound in his flesh.  The prisoner then ran and hid himself in a Chinese shop and gave the knife to a Chinaman; witness afterwards got it and gave it to the French constable by whom the prisoner was arrested.
  Walshe in answer to Mr. Jamieson said he supposed he did use the knife but he was sorry for it.  At the same time he was glad that he had not done the prosecutor any serious injury. He produced his sheath attached to his belt to show that the knife did not go through it, and also pleaded that he drew the knife in self-defence.
  His Worship said that it made the assault all the worse if the prisoner used the naked weapon.
  Inspector McCarthy in reply to the Bench, said the landlord pf the Prince of Wales could be produced as a witness, but he had not thought it necessary to produce him, as the prisoner admitted the assault.
  The prisoner then said he would plead guilty.
  His Worship said that he would give him the highest sentence in his power, and ordered him to be kept in gaol for three months with hard labour.


North China Herald, 15 July 1887
Shanghai, 14th July 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  WILLIAM JACKSON, an ex-constable in the Municipal police Force, was brought up by Detective jones, charged with desertion from the ship John Nicholson.
  The accused in reply to his Worship said he had never been on board the vessel. He got the advance note for $10 (produced) but nobody would cash it.
  His Worship, after looking at the note, said that it was payable 3 days after the ship sailed, but he presumed that the accused could have arranged it if he went the proper ay about it.
  Jackson said that last Sunday he told the Captain that he could not get the note cashed, and he also tried it with a man to whom he (Jackson) owed some money.
  Detective Jones said that the accused owed a man named Freeman $54, and wanted him to advance more money upon he note, when it as doubtful that he would go in the ship at all.
  Mr. Geo. Brown, Vice-Consul, stated that the accused shipped on the 8th inst., and was almost immediately reported as a deserter.  He (Mr. Brown) could not say when he had come to Shanghai.
  Detective Jones said that the accused came here in the W. B. Flint, after which he was in the Police for two months, when he was discharged.
  Mr. Brown said he did not believe that Jackson ever intended to return to the ship.
  The accused said that he did intend to join.
  His Worship - Have you anything else to say for yourself.  I will have to punish you, and it is a matter of 12 weeks, if I like to give you as much.         The accused said that he had a chance to go away on one of Messrs. Russell's ships.
  Mr. Brown in reply to his Worship said that the John Nicholson had gone, but the Captain wrote to him, and asked him to prosecute the prisoner who had given a good deal of trouble.
  His Lordship sentenced the accused to three weeks' imprisonment.
  Mr. Brown applied for permission to have him shipped in the meantime as there is a great demand for and scarcity of seamen just now.
  His Worship said he only made the order in exceptional cases, and declined in the present instance.


North China Herald, 29 July 1887
Shanghai, 28th July 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  HU ZUNG FAH, boatswain of the Taiwan, summoned Mr. Robert Morgan, second officer of the same ship, for assault.  There was a cross-summons against the Chinaman for refusal of duty and abusive language.
  HU was cautioned and said - I have been at sea 5 years, and for 4 months have been boatswain of the Taiwan.  Yesterday morning the second officer ordered me to wash down the decks.  I had a sore finger and could not do it.  He then told me to loose the sails, and I went to call the seamen to carry out the order.  He then caught hold of me by the queue and dragged me before the Captain and tore my coat.
  His Worship - Why did he strike you? - Because he thought I was using bad words when I was calling the men in Chinese. (Laughter.)
  Captain Clegg in reply to the Bench said that the prosecutor refused to do his duty yesterday morning.
  The Prosecutor denied this.
  Captain Clegg said that the boatswain was ordered to loose the sails by the second officer and refused to do so. He (the Captain) then ordered him to do what he was told, whereupon he turned about and gave a very cheeky answer, and said that he would do no more work on the ship from which he would take all the men away at 12 o'clock.  He was constantly impertinent to all the officers and gave them impudent answers.  Nobody struck him yesterday morning, and he (Captain Clegg) had to threaten to take him before the Consul, to which he replied that he did not care.  Later on he went ashore without leave and did not return till half-past ten last night.  He was to be discharged today and was taking his crew back to Swatow.
  The Second Officer, sworn, said that he gave the boatswain the order mentioned four or five times before he paid any heed.  He then proceeded to curse witness first in Chinese and then in English and made us of very bad language.  He was always very obstinate and if any of the officers told him to do anything he would take the men away to another part of the ship.  Witness caught hold of him by the coat and as the deck was wet he (Hu) slipped and fell, tearing his coat.  He then attempted to strike witness. Witness did not strike him at all but merely pushed him along to the Captain who previously had to threaten him that if he did not obey the officers he would take him before the Consul.
  Mr. Jamieson to the interpreter - Tell him I have heard his story and I am quite satisfied that he had himself only to blame. He will have to pay the costs in both cases.
  The boatswain did not seem at all to relish this prospect and protested that he had as witnesses, the whole of the crew outside.
  His Worship refused to go again into the matter.


North China Herald, 29 July 1887
Shanghai, 28th July 1887
Before J. D. Kennedy, Esq., Consul-General, Acting Judicially.
  GEORGE WARD, a seaman, who was lately discharged from an American vessel, was brought up charged with being drunk and incapable.  He was taken into custody from Hongkew Bridge at 11 p.m. on the 27th instant by Sergeant Smith.  The prisoner arrived here in the Yokohama Maru, and was admitted into the Mariners' House, Broadway Road.  General Kennedy reprimanded the prisoner for his conduct and sentenced him to five days; imprisonment in the Consular jail.


North China Herald, 12 August 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  Stephen Case, a seaman on the O.S.S. Hector, was charged by captain Batt with being drunk, disorderly, using filthy language and also with refusal of duty on Sunday morning last.  The Captain said that the prisoner come on board at 2 in the morning, the worse of liquor and indulged in the most filthy and disgusting language.  Witness could stand an "ordinary swear," but this was positively the worst case of disgusting language he ever heard, and as there was a stewardess on board, witness thought that she should be protected from such conduct.  Case, in reply to his worship said that he had been drinking and did not remember anything about what he said or did afterwards.  Mr. Jamieson ordered him to pay a fine of $4, and $1.50 costs.
  A seaman, named Macdonald, of the Benlarig, was put forward by Constable O'Flaherty, charged with being drunk, disorderly and damaging a portion of his ship, with a belaying pin.  Macdonald like his predecessor at the bar, admitted that he had fallen a victim to the overpowering strength of the Hongkew beverage, after which all was oblivion.  The Constable deposed that when he was called on board the Benlarig last night he found the prisoner rushing about flourishing a belaying pin and generally very violent.  Burt after his arrest he became quieter.  Mr. John T. Freeman, chief officer, deposed that the prisoner come on board drunk and taking up the belaying pin made an attack upon witness's cabin, smashing the port light and splitting a panel in the door. He then assaulted the boatswain and tore his shirt.  Witness went for a constable and on his return found Macdonald assaulting the third engineer.  The glass of the port cost seven or eight shillings in England, but would be much more here.  Neither the boatswain nor the third engineer preferred any charged against the prisoner.  The Captain of the ship said that Macdonald was all right when he was sober, but he had once before "run amucK" in Yokohama.  The damage to the port would have to be repaired here as the mate wanted light and ventilation on the voyage home.   His Worship inflicted a fine of $5 with $1.50 costs, and ordered the prisoner to pay for the repairing of the light, warning him at the same time to stick to his ship as long as she was in port, and failing in this respect he would be sent to the Hotel at the back of the Maloo till the Benlarig was ready to sail.


North China Herald, 10 September 1887
Shanghai, 3rd September 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  EDWARD DANIEL WOODFORD was charged with the embezzlement of moneys belonging to his late employers in Kobe.  The name of the prosecutors or the amount of the alleged embezzlement was not given in the warrant.  The accused was arrested in No. 2 Soochow Road by detective officers Keeling and Jones, upon a warrant issued by the Court on telegraphic instructions from the   British Consulate at Kobe.  He denied the charge, and said that his employers had never more than two hundred dollars in their safe at one time.  His Worship intimated that he did not know the facts of the case, and would therefore have to remand the case for a week, allowing the accused out on bail in his own recognisances of $1,000, and two sureties of $500 each.
  The accused tendered some Portuguese residents as bail, but Mr. Jamieson said he could only accept British subjects.  The accused said that the persons who were prepared to go bail for him were most respectable men, and married men too, (Laughter.) His Worship had no doubt as to their respectability, but he could not accept any bail unless by British subjects, and he advised Woodford to communicate with some English acquaintances to see if they would become sureties for him.  In the meantime he ordered his personal baggage of which there was a large quantity to be kept in the Court.
9th September.
  E. D. Woodford, who was remanded on Saturday last for a week on a charge of embezzlement, was brought up again.  Mr. E. Robinson appeared for the defence. Three affidavits were read in which it was stated that the accused cashed a cheque for $100, the property of his employer, Mr. Hugh Macgregor, merchant, Kobe, and converted the money to his own use, after which he absconded.  The accused who denied the charge was again remanded.


North China Herald, 17 September 1887
Shanghai, 10th Sept., 1887
Before General Kennedy, Consul-General, Acting Judicially.
  F. STRALLBAUM, a seaman on the U.S. ship Benjamin Sewell, was charged with having ben drunk and disorderly in Hongkew on the previous evening, assaulting an elderly Chinawoman, and also a natïve constable who tried to arrest him.  The accused was sentenced to seven days imprisonment and ordered in addition to pay a fine of $10, $2 of which were to go to the old woman.


North China Herald, 17 September 1887
Shanghai, 12th Sept., 1887
Before Geo. Jamieson, Esq., Actin Assistant Judge.
  ERNEST ANDERSON and J. W. ANDERSON, first and second officers respectively of the British ship Asia were summoned, the first for assaulting Antonio Manibusam, a Cuban, and the second for a similar offence against Chas. Persen and Karl Jonson, two Scandinavian seamen.  The case against the second officer was gone into first.
  Person was sworn and said that he was struck by the second officer three days after they left New York, for not keeping the ship straight when he was steering.  Two men had been at the wheel before him and were not able to keep her straight.
  The defendant, in reply to his Worship, said he admitted striking Person once.
  The plaintiff resuming stated that furthermore when the crew were at work getting up a sail the second officer got into the rigging and kicked him in the presence of the men and the Captain.  Again, when the vessel was lying alongside the wharf the defendant, while they were having a "few words," struck him in the face.
  Defendant in answer to his Worship said that he had received a good deal of trouble and "lip" from Person who was slow in doing his work.
  Captain T. R. Anderson master of the vessel was then sworn, and deposed that he witnessed the second mate, on the occasion referred to by the plaintiff, push him with his foot, but mot kicking him.  Witness could not tell exactly what the trouble was about, but believed that the plaintiff in getting out the sail pulled the wrong rope.  When the ship was at the wharf he heard the second mate and Persen having some words, but did not see any blows struck. Before that there was trouble on board with the crew wanting to leave the ship, and on Thursday they all left.  They said they wanted to see the Consul. Wit ness brought two of them to see the Consul, and one of them complained that he had been assaulted by the second mate.  Most of the men wanted to leave because some of the others wished to go.
  To the Bench - The second officer has not an ungovernable temper.
  The seaman, Jonson, corroborated Persen's evidence as to the assault complained of.  He too was struck by the second mate, with a belaying pin which blackened his eye and cut his face.  Witness was washing a skylight at the time, and the defendant came up and said he was too slow and struck him with the pin three times.
  The Captain, in reply to His Worship, said that the second mate came to him on the morning in question, and told him that Jonson had attempted to draw a knife on him.  He then struck Jonson in the presence of witness who stopped him and said that he (witness) would punish him if he deserved it, but would not allow him to strike the man.  Witness had not heard before that Jonson was struck with a belaying pin.
  The defendant said that he had to complain of Jonson not doing his work quick enough when the plaintiff drew his knife upon him (defendant) and he took up a belaying pin to defend himself.  He did not strike Jonson with it however, but merely pushed him in the back, and told him to go to his work.
  Jonson said that the second mate struck him upon another occasion.
  ANTONIO MANIBUSAM said that he also had a charge of assault against the second officer who struck him on the face about a month after they left New York.  The blow was witnessed by the chief officer and caused his face to swell.  The chief officer on one occasion assaulted plaintiff by knocking him down off the poop.  But he did not strike him - only pushed him down.
  The case against the chief officer was thereupon dismissed, and he was examined in defence of the other.  He said he never saw him strike the Cuban, but merely push him. The Cuban did not know a word of English when he came on board, and he had to be shown about the ship.
  His Worship said that it was pretty clear to him that the defendant had used his hand very roughly on more than one occasion.  He would have to pay $5 for the assault on Persen, and $5 for that on Jonson, with costs in both cases.  He should also pay Manibusam's costs.


North China Herald, 13 October 1887
Shanghai, 6th Oct., 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  Captain GEHRKE of the British barque Charley was summons for assaulting a native seaman, named Ting A-ling on Saturday last when the ship was in the river.  The prosecutor stated that the Captain without any reason struck him in the face with his fist, causing it to swell.  All the other sailors witnessed the assault.
  The Captain, in reply to his Worship, said that he did not strike the prosecutor, but that the latter was fighting with another man, a Brazilian, who is now in the Hospital with cholera, and he (defendant) separated them.
  The prosecutor admitted that he had been fighting, but repeated that the Captain struck him, adding that he had a belaying pin in his hand at the time.  The cause of the fighting was that the Malays, who formed portion of the crew, wanted to "chow" with the Chinamen who would not allow them.   
  JOSE GARCIA stated that he was at his dinner at the time of the disturbance between the Chinese sailors and the Brazilian, and saw the Captain and Chief Officer come up and separate them.  He did not see either of them struck.
  LIN Ah-KUNG, cautioned, said that he witnessed the Captain assaulting the prosecutor with a belaying pin.  He believed that the Captain went to separate the men.
  His Lordship - I believe it too and I think he was perfectly justified in doing so.  The men had no business to be fighting and I dismiss the case.
Shanghai, 10th October, 1887
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  JOHN WALSH [alias Walshe], an unemployed seamen who has already been in jail for three months, was brought up on two charges the first of which was for being drunk and disorderly in Hongkew and the second for stealing $5 and a bunch of keys from the person of John Parker, at the Yang-king-pang grog-shop known as the Clyde.  He was ordered to be imprisoned for a week on the first charge.
  James McNellis, boatswain of the s.s. Strathleven, deposed that he was in company with Parker in the place mentioned, when the prisoner with whom he was acquainted came up and spoke to them. Shortly afterwards Parker said he was robbed, and witness seized Walsh, who thereupon gave up the keys and said that they were the only things he had taken.  He was afterwards given into custody. The prisoner was remanded for further evidence.


North China Herald, 19 October 1887
Shanghai, 13th October.
Before Geo. Jamieson, Esq., Acting Assistant Judge.
  This was a claim for a balance of account of Tls. 49, by the plaintiff, a carpenter and contractor, upon Mr. John Bradfield in respect of certain repairs to his residence the "Poplars," Bubbling Well Road.  The defendant admitted the liability, but pleaded hat the money was not paid because the work was not properly done by the plaintiff.  The plaintiff having been cautioned, stated that he had painted and done other repairs to the house under the direction of Mr. Samuel Morris, and Mr. Bradfield paid him in December last Tls. 275 upon his (plaintiff) presenting him with a bill signed by Mr. Morris certifying that the work was properly done.  This left a balance of the amount claimed.  The defendant stated that the verandah looked as if it had not been painted for five years, and there were several other little matters in connection with the work with which he found fault.  The plaintiff had agreed to finish the work to plaintiff's satisfaction, and sent a man to do it some  time ago, but as there was illness then in the house he (Mr. Bradffield) could not allow the work to proceed.  He was perfectly willing to pay the amount claimed if the plaintiff fulfilled the contract, which he handed to his Worship; and he tendered Mr. Morris as a witness to show that the work had not been properly put out of hands.
  Mr. Samuel John Morris was sworn, and said he was engaged by Mr. Bradfield to superintend the work, and he employed the plaintiff who had done work for him for many years.  Witness had always found that the plaintiff did his carpenter's work well, but not so with his painter's work which he sublet.  Plaintiff afterwards came to witness and said that he wanted money and witness signed the bill on plaintiff promising to complete the work satisfactorily.
  His Worship - That was a very irregular proceeding.
  Mr. Morris said that it was the custom here and he had to oblige these contractors sometimes as they were only very small capitalists.  He ought not to have signed the bill, but he trusted the man to finish the work properly, and witness had often trusted him before.  Witness pointed out to plaintiff that the venetians going into the greenhouse, were not varnished and he promised that he would make them all right.
  His Worship said he thought Mr. Morris would have done better by merely certifying that the work was dome up to a certain point, and then he (his worship) should have known how matters stood exactly.  As it was he thought that taking 14 taels off the balance and making an order for the balance and dividing the costs would meet the case.


North China Herald, 2 November 1887
Before Geo, Jamieson, Eq., Acting Assistant Judge.
Shanghai, 1st Nov., 1887
  This was a claim for $99 arrears of rent due to the plaintiff, A.D. Sassoon & Co., by the defendants, Messrs. Buck & Ramsay, in respect of their late premises in the Nanking Road.
  Mr. Wainewright appeared for the plaintiff.
  Mr. Ramsay admitted the debt, but pleaded that the reason they did not pay was because his firm had a counter claim of Tls. 294.25 for damages done to their goods by rain getting in through the roof.  They were instituting proceedings for the recovery of that amount, and he asked the court to withhold judgment for the present.
  His Worship pointed out that an unliquidated debt could not be put as a set off to another admitted.  He would have to give judgment at once but he would delay execution for seven days.  Three dollars costs.
  Mr. Wainewright applied that his client be allowed costs, as he had attended because of a letter written by Mr. Drummond as to the counter claim, and he fully expected to see him in Court.
  His Worship allowed $10 costs and on the application of defendant stayed execution for a fortnight in order that a counter-claim might be entered by defendants.


North China Herald, 24 November 1887
  On Sunday we visited the Chehsien's Yamen in the City for the purpose of inquiring into the truth of the statement that a criminal was exposed in a cage and was being therein starved and tortured to death. Such an event is of rare occurrence in Shanghai city of recent years and its revival by the new district magistrate is somewhat surprising. The unfortunate creature stood upright in a bamboo cage about five feet high, with his neck through a cangue by which he would have been almost suspended - or at least the tips of his toes would barely have touched the bottom of the cage - had it not been that some person had placed a large stone under the man's feet.  By this his sufferings were greatly relieved, and his chances of death by strangulation reduced.


North China Herald, 8 December 1887
Shanghai, 6th December 1877
Before Sir R. T. Rennie, Chief Justice.
  SORIAN SINGH, a Sikh constable, was charged with being drunk and disorderly on the Foochow road last night while off duty, and also with assaulting Sikh Sergeant 86.  The latter stated that he saw the prisoner drunk at the place named and ordered him to go away.  He refused, and seizing hold of prosecutor knocked him down.  Another Indian Constable corroborated the prosecutor's evidence.
  Chief Inspector Cameron said that the prisoner had been drunk on one or two occasions before, and was absent without leave, but the cases were dealt with by the Police authorities.  The present complaint being of a more serious nature, the prisoner was brought into court.
  His Lordship commented upon the seriousness of a constable off duty assaulting a sergeant who was on his beat, and ordered the prisoner to pay a fine of $10 or go to gaol for one month.
  The prisoner in reply to the Bench said he had no money, as he sent his wages home to his wife in India, and an order for his committal was made out.


North China Herald, 8 December 1887
Shanghai, 5th Dec., 1887
Before General Kennedy, Consul-General, Acting Judicially.
  This was a suit by Miss E. Robbins proprietress of one of the Yang-king-pang drinking saloons, against L. H. Williams for breach of contract.  The plaintiff's case was that the defendant come from Hongkong last August, and entered into an engagement to play a piano in her establishment.  He left on the 19th of last month without any reason and put her to serious inconvenience in consequence.  The defence was that Williams was obliged to leave by the interference of one of Miss Robbin's nautical customers.  After hearing several witnesses the court gave judgment in favour of the plaintiff and ordered the defendant to pay her $15, as well as the costs, or go back to fulfil his engagement.


NORTH China Herald, 14 December 1877
Before General Kennedy, Consul-General, Acting Judicially.
Shanghai, 7th Dec., 1887
  CHARLES GRAHAM was put forward charged by G. W. Bennett, of the "Cleveland" boarding house with stealing a gold watch value $15.
  The accused pleaded not guilty.
.  .  .  
  His Honour in giving judgment said - After hearing the testimony, which is purely circumstantial, I cannot find the accused guilty, as the charge is of too serious a nature to do so in the absence of more positive proof, especially as two witnesses have testified to his character for honesty.  As our Regulations prescribe the use of the word "honourable" in acquittals, the accused is honourably acquitted.


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