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Colonial Cases

R v. Hore [1888]

rape - carnal knowledge

Supreme Court for China

Shanghai, 12 March 1888

Source: Supreme Court of China (Shanghai), Judges' Notebooks, Vol. 3 (1880-1893), The National Archives (U.K.), FO1092: 340, p 277

 

R. v Thomas Hore

Carnal knowledge of one Chen Tung-li, a girl under the age of 13 years.

(48 & 49 Vict. c. 69, s. 4)

Mr. Wilkinson, Crown Advocate, for the prosn.

Mr. Wainwright, for the prisoner.

Accused pleads guilty.

Mr. Wt hands up two affidavits in mitigation of punishment.

Accused says he has no recollection of what took place after leaving the Astor House.

 

Sentence, 5 years' penal servitude.

 

R.A. Mowat.

A.C.J.

 

Source: North China Herald, 16 March 1888

LAW REPORTS.
H.B.M.'s SUPREME COURT.
Shanghai, 12th March.
Before R. A. MOWAT, Esq., Acting Chief Judge.
THE OUTRAGE ON A GIRL.
  THOMAS HORE, late Usher of H.B.M.'s Supreme Court, was indicted for a criminal assault on the 25th day of February on Chen Tung-chi, a girl of about nine years of age.
  The Court was crowded, and a panel of twenty five jurors was summoned.
  Mr. H. S. Wilkinson, Crown Advocate, appeared to prosecute.
  Mr. R. E. Wainewright appeared for the defendant.
  Captain McEuen was present on behalf of the police.
  The indictment having been read and the prisoner asked to plead, he immediately pleaded guilty.  There was therefore no requirement for the jury.
  Mr. Wainewright handed in two affidavits to show that the prisoner had been drinking heavily on the day of the occurrence.
  On being asked had he anything to say why sentence should not be passed upon him,
  The prisoner said - I plead guilty, my Lord, because I have heard the evidence against me, and find myself quite unable to rebut it, but I trust your Lordship will believe me when I declare, as I do, most solemnly, that I have not the faintest recollection of what I did, after leaving the Astor House, and I pray that your Lordship will be as merciful to me as you can.
  His Lordship in passing judgment said - There is no doubt that you have been well advised to plead guilty.  The evidence in the depositions taken before the magistrate is so clear that no jury could hesitate for a moment in finding you guilty.  It is now my painful duty to pass sentence upon you, more especially painful because of your long service to the court.  The crime with which you are charged is one of the worst known to English law, and it is aggravated by the position which you, up to recently, held.  I have already read the evidence which has been handed in, and listened to your statement and there is nothing in either of them which to my mind affects the charge, and I cannot pass a less sentence upon you than one of penal servitude for five years.
  The prisoner seemed to be astonished at the sentence.  An application was afterwards made for the Chief Justice to allow the prisoner to be removed without being manacled, but his Lordship said that the jailor must act upon his own discretion.  The prisoner was then handcuffed and removed.

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