Colonial Cases
R v. Elders [1889]
larceny, opium
Supreme Court for China
Shanghai, 2 April 1889
Source: Supreme Court of China (Shanghai), Judges' Notebooks, Vol. 3 (1880-1893), The National Archives (U.K.), FO1092: 340, p 311
Reg. v. Williams Elders.
- Larceny of 30 balls of opium and one-half ball of opium on the 10th March;
- (2) receiving the same knowing them to be stolen.
Plea: Not guilty.
Jurors: Henry Morriss, A. Wilson, H. Maitland, L. G. Waller, S. J. Morris.
Mr. Wilkinson & Mr. Wainwright for prosecution.
Prisoner undefended.
Samuel Allen Jolly, sworn. Qtr Mr "K" - ship arrived 10 March. First, myself & Elders came ashore about 1.30. We went to Chang Kee's. First sent prisoner in to get "the sample" - which I knew to be half-ball of opium First had had in his possession on the way up. I know it had come [312] from the chest at HK, part of the cargo. We all then went to an opium shop. An old man took us in to a fruit seller's shop. First said to the man if they wd have dollars ready he wd bring opium next night. Next night we 3 brot 9 balls of opium ashore & sold them at an opium shop. $22 was pd us. I got $2, Prisoner $8, first $10, and the old man had $1. Elders brot ashore some of those they had found in the hold.
Xd. It was about 6 o'clock we went ashore - that was the first time after dinner. I didn't return till 10 or 11 that night. It was about half past 6 we went ashore next evening.
Chang-kee. Tailor. Remember the "K' coming in 3 weeks ago. On Sunday prisoner brot a small piece of opium - I think a half ball. He asked me if I sd buy it. I sd "No wantee." He left it & went out. I'm sure it was the prisoner.
By a juror. It was about 11 a.m. I retd at ½ past 11 & the opium was not there.
By prisoner. [313]
Ching-ah-foo, cautd. Employee of Chang-kee. I remember a foreigner coming in & taking away half a ball of opium on a Sunday about [10] days ago. It was about 11.30 in the forenoon.
It was about 1 he took it away.
Yeh-ah-li, cautd. Bumboatman. Three foreigners came to me at Hongkew bridge on Sunday about 10 days ago. Prisoner was one of them. He showed me a sample - said he had brot [400] balls of opium - which he wanted to sell at $3 a piece. I took the 3 men to the opium shop. Prisoner was one. He took out the opium (9 balls) & got $27 for it.
By prisoner. It was bet. 3 & 4 o'clock I saw you & the other two man on bridge.
Wang-ah-siu. Fruit shop keeper. I remember a foreigner being brot to my shop by Yeh-ah-li. He showed me half a ball of opium & asked if I wanted to buy opium. That is the man. [314]
By a juror. It was after 3 o'clock the half-ball was brot.
Henry Hope Joseph, sworn. Agent, P & O. "k" is the P. & O.'s. She arrived on the evening of the 9th March & went to the wharf on the morning of the 10th. The consignees refused to take delivery & I had them examined in consequence.
Jas. Henry Partridge Parker, sworn. Master of R.S. "Wellington." On the [??] March last bet. 3 & 3.30 in the aft. I went on bd the "K'. I had refused dely of a del. As if had the appearance of having been tampered with. I examined it - 114 ½ cakes were short. The bottom of the chest had been prized open & the opium dragged out, the box re[nailed] & the covering re[sewn].
End of case for prosecution.
Prisoner calls
Thos. Rogers, sworn. Accounts for the prisoner's time.
Addresses the jury.
I sum up.
Verdict, Not Guilty.
Prisoner discharged.
R. A. Mowat, A.C.J.