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Colonial Cases

R v. Deloe [1888]

[shooting and wounding with intent]

R. v. Deloe or Delve

Supreme Court for China

Shanghai, 16 May 1888

Source: Supreme Court of China (Shanghai), Judges' Notebooks, Vol. 3 (1880-1893), The National Archives (U.K.), FO1092: 340, p 278

R. versus Alfred John Deloe.

Wilfully and unlawfully shooting and wounding one Ten a Kwan with intent, &c.

and

Wilfully and unlawfully shooting at one James R. Twentyman with intent, &c.

Mr. Wilkinson, Crown Advocate, for the prosecution.

Pleads guilty

to unlawfully wounding.

Crown Advocate accepts that plea.

Calls

Kale Allen, sworn.  P.C. 26.  Was warder in Hong Kong gaol, prisoner was under my [279] charge on 26th Feb. 1886.

Mr. Wilkinson hands up Extract from Criminal Calendar of the Hong Kong Supreme Court, Novr 1885, from which is appears that prisoner was sentenced on the 21st Nov. 1885 to 18 months' imprisonment with hard labour.

2 years' hard labour.   R. A. Mowat, A.C.J.

 

Source: North China Herald, 28 April 1888


LAW REPORTS.
H.M.'s POLICE COURT.
22nd April 1888
A MURDEROUS EX-CONSTABLE.
  In H.B.M.'s Police Court before Mr. George Jamieson.  John Walter Delve, ex-constable in the Municipal Police Force, and at present unemployed, was put forward by Inspector Fowler charged with feloniously shooting at and wounding one Chin Lee Kwin, and with firing at Mr. James Robt. Twentyman with intent to do him  bodily harm.
  The prisoner was undefended.  The first witness called was .  .  .  
. .  .  
Inspector Fowler asked for a remand for a week as the Chinaman would not be able to appear till that time.
  His Worship assented to this, and the prisoner was removed in custody.

Source: North China Herald, 4 May 1888


LAW REPORTS.
H.M.'s POLICE COURT.
Shanghai, 28th April 1888
Before Geo. Jamieson. Esq., Acting Assistant Judge.
THE CHARGE OF SHOOTING AGAINST AN EX-CONSTABLE.
  The prisoner John Walter Delve, ex-constable in the Municipal Police, was brought up on remand on the charge of shooting at Mr. J. R. Twentyman, with intent to do him grievous bodily harm, and also with feloniously shooting at and wounding  one Chun Lee Kwin.
  Inspector Fowler prosecuted; the prisoner was undefended.
  Mr. James Smith, foreman boiler-maker in the Old Dock, was sworn and gave evidence corroborating that already given by Mr. Twentyman.
  The prisoner had no questions to ask.
  Ching Lee Kwing, the injured man, cautioned, stated that he was employed to pull a private 'ricksha belonging to a Chinese tailor.  On Friday week, about noon, he was carrying water from the river, near Jardine's Wharf, and when he was going down the steps towards the water, the prisoner fired at him, hitting him in the left breast.  He had not noticed the man before he fired.  He identified the prisoner in the dock as the man who fired the shot.  Witness fell when he was struck and did not remember anything that occurred afterwards.  He was unconscious for an hour, and did not see the prisoner again until h saw him in court.
  The prisoner declined to ask the witness any questions.
.  .  .  
His Worship said he would have to commit the prisoner for trial before a jury, and gave him the usual caution about making any statement.
  The prisoner said he had nothing to say, and asked that he might be furnished with a copy of the depositions.
  His Worship said he would get the evidence as soon as it could be written out.
  The prisoner was then handcuffed and removed.

Source: North China Herald, 18 May 1888


LAW REPORTS.
H.B.M.'s SUPREME COURT.
Before R. A. Mowat, Esq., Acting Chief Justice.
R. v. ALFRED JOHN DELVE.
  The prisoner was charged with that, he, the said Alfred John Delve, on the 20th April, one Yeu A-kwan feloniously and unlawfully did wound with intent and of his malice aforethought the said Yeu A-kwan to kill and murder.  There was a second charge to the effect that he did feloniously wound with intent to do grievous bodily harm.
  Mr. Wilkinson, as Crown Advocate, prosecuted, and the prisoner was undefended.
  The prisoner pleaded "Guilty," but on the Acting Chief Justice explaining the meaning of the charges, the prisoner altered his plea "Guilty" of unlawfully wounding.
  The Crown Advocate accepted this, and called Police Constable Allen to state what he knew of the prisoner's antecedents.
  The witness stated that while he, witness, was a warder at the Hongkong Gaol, the prisoner was sentenced to a term of imprisonment, but he did not know what it as for.
  The gentlemen called for the Jury were not required and were told by the Judge that they could leave.
  Mr. Wilkinson read an extract from a report of h Governor of the Hongkong Gaol to the effect that Delve had been sentenced to eighteen months' imprisonment for unlawfully wounding.
  His Lordship said the punishment the prisoner had received in Hongkong did not appear to have had much effect on him.  The crime was committed through drink, and the prisoner had a bad habit of carrying loaded weapons about with him.  Had it not been for the courage and presence of mind of one of the witnesses, Mr. Twentyman, a more serious charge might have been preferred.  He advised him to avoid drink for the rest of his life and then sentenced him to two years' imprisonment with hard labour.

 

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