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Colonial Cases

R. v. Kane and others, 1889

[shipping, mutiny]

Kane and others

Police Court, Shanghai
Hall AAJ, 22 January 1889
Source: North China Herald, 25 January 1889

H.B.M.'s POLICE COURT.
Shanghai, 22nd Jan., 1889
Before J. C. Hall, Esq., Acting Assistant Judge.
ASSAULT.
JAMES KANE, CARL ANDERSON, JOHN JOYCE, CHARLES ROBERTS, and A. PETERSEN were charged with assault and being in a state of mutiny on board the Sir William Wallace on the 21st instant.
 They all pleaded not guilty.
  Chief Inspector Cameron conducted the prosecution on behalf of the police.
[Not transcribed.]
23rd Jan.
  This case was proceeded with this morning.
  His Worship cautioned the prisoners and asked them if they had anything to say.
  KANE - Will you settle the case?
  His Worship - This is a serious charge, but not sufficient to place you on trial for conspiracy, so I will deal with you separately.
  Roberts, you are cautioned and discharged, but you will have to pay your share of the medical expenses.
  Petersen was then told to stand forward and Kane, Anderson and Joyce were remanded for a week.
  Petersen - I never struck the Captain.  If I had struck him there must be some marks, I only took his hand from my coat and he may have fallen then.
  His Worship to the captain - Do you press for a severe sentence?
  The Captain - I do, the blow I received was on the body.
  His Worship then left the bench, leaving Petersen standing in the dock, no sentence having been passed upon him.
  The Usher then followed his Worship and on returning to the court informed the reporters and the prisoner that the latter was sentenced to one month's imprisonment.
  The other prisoners were then removed in custody.
R. v. KANE.
  Before the previous case was proceeded with, Kane was charged with being drunk and disorderly in the Woosung Road on Monday night.
  Kane pleaded not guilty.  He said - I have not been drunk since I have been here.
  Detective Jones, Sworn, stated - Information was brought to the Hongkew Station on Monday night, that fighting was going on in Woosung Road, outside the "Globe" hotel.  I went there and saw Kane in his shirt sleeves challenging some black men in a brothel to come outside.  Kane had a crowd of Chinese round him and was drunk.
  By Kane - You were in the road, not inside the house.
  Kane - Mr. Jones should have arrested the niggers, but he was afraid to do so, because they were too many, so he arrested me.
  His Worship to Kane - There is no doubt in my mind that you created a disturbance, and I sentence you to one month's imprisonment with hard labour.
  Kane - You sentence me falsely; I did not cause any disturbance, I was not drunk.

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