Colonial Cases
R v. Lanigan [1888]
stealing
Supreme Court for China
Shanghai, 3 August 1888
Source: Supreme Court of China (Shanghai), Judges' Notebooks, Vol. 3 (1880-1893), The National Archives (U.K.), FO1092: 340, p 281
R. v. John Lanigan.
Feloniously stealing $40 and some jewellery, the ppty of D. Stermecher.
Mr. Wilkinson for the Crown
Prisoner undefended.
Plea, not guilty.
Jurors: A. C. Westall, G. [Bois], G. A. Probst, W. B. Allen, W. Allanson.
Mr. Wilkinson opens.
[282]
David Stermscher, sworn. Austrian. Proprietor of Wharf Hotel. I know [Whitted]. He had been staying 6 months waiting for a job. For the last six months he had nothing to do.
Bet. 11 & 12 on the 14th July, [Whitted] & prisoner came in to the house. At 12 I said it was time to shut. Prisoner said he would go after he had spoken with [Whitted]. After they had their talk, Lanigan went out, & W. upstairs. In the morning I found that some property had been stolen from my till; about $40 altogether in money, also one gold bracelet, one pair of gold ear-rings, two silver chains, and a silver bracelet.
[Shown gold bracelet, & other articles of jewellery, which he identified as his ppty.]
I found some doors open which communicated from the outside. They had been opened from the inside.
I saw Lanigan again bet. 6 & 7 on Saty morning - sitting outside the Sailors' Home, which is close to my Hotel.
By prisoner: 11 or bet. 11 & 12. [283]
Harry Jones, sworn. Detective. B.S. Remember Saty 14th July. Proceeded to Wharf Hotel - found 4 drawers had been opened in the till. Examined [Witted's] box, bag & bed, cd find nothing.
On Sunday with Kelly I went to the [???lter] Restt - [Witted] & prisoner were together. I searched the former - and found all the articles (produced) tied up in a handkerchief. Lanigan said, 'Hold hard, old man - half of these belong to me!' I took both to the station, & charged them. Both asserted their innocence.
By prisoner: I didn't say to Kelly, 'it was not the first time that Lanigan had been searched.' [284]
Charles Prest, sworn. P.C. six. B.S. I was on duty on Broadway from 12 midnight on Friday the 13th to 6 a.m. Saturday the 14th. I saw prisoner twice that night at 1.30 & 2.30. I didn't know him before. At 1.20 he was standing down the [Yuanfong] Rd near the Wharf Hotel. No one was with him. He seemed to be waiting for some one. Presently some one came & spoke, & they went away together. That some one was not [Whitted.] They passed down the Broadway. At 2.30 prisoner came back alone, & turned down the [Yuanfong] Road towards the river. At 1.30 I saw [Whitted] at the bed-room window of the Hotel. I had known him before. I had seen often during other nights at the window. [285] When I saw prisoner at 2.30, I recognised him as the same man I had seen at 1.30.
Xd by prisoner: You were about 20 yds off when I saw you at 1.30.
I cdn't recognize the other man again.
On Sunday I went to the station to see if I knew the prisoner. There was Jones besides myself & prisoner. I saw prisoner in the cell. I said nothing inside the cell. On getting out, I saw that this was the man I had seen standing. I didn't tell him to put on his coat & hat.
You didn't put on yr coat & hat, & I didn't then say that I was almost certain you were the man.
I can't say what time it was on the Sunday I saw him in the cell.
To me: I cdn't see his features at 1.30. I recognized [286] him the next time by his dress, walk, & height. I didn't speak to him, nor he to me.
By a juror: He had no limp or anything peculiar in his gait.
To me: He hadn't his coat & hat on when I saw him in the cell.
George W. Bennett, sworn. American citizen. Proprietor of Carlton Hotel. [Whitted] & accd were in my place on Saty. I had known them before. Lanigan paid for the drinks. He changed a dollar.
Edward Kelly, sworn. B.S. Superintendent police force. I arrested Lanigan. He had nothing on him - no money.
By me: I didn't hear Jones say those words. [287]
Carl Ludwig Johannsen, sworn. Norwegian. P.C. 46. I saw [Witted] & prisoner on Saturday morning about 5 minutes to 6 walking down Broadway past Cheap jack's door. A shorter man was with them. It was on Sunday the 15th that I saw them.
By me. I had never seen prisoner before. I did not see him again till now. I sh'd not have recognised the other.
Case for the Crown.
James Everleigh, sworn. Supt of the S. Home. On Saty night I gave you $1. You had assisted me in putting some [men] on bd a ship. He was a boarder with me from the [288] 14th June. Anyone can go out & in during the night without the watchman knowing.
Ah Kew. Nightwatchman S. Home. Accd came in to the Home at 12 o'clock on the 16th & went up stairs to bed.
Alfred [Witted], sworn. I stated before the magistrate that I committed the robbery & that Lanigan knew nothing about it. That statement is perfectly true.
Prisoner addressed the jury.
Mr. Wilkinson does not reply.
I sum up.
Verdict, Not Guilty.
R. A. Mowat, A.C.J.