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Colonial Cases

Hoch, 1891

[unlawful killing]


Netherlands Consular Court
21 September 1891
Source: North China Herald, 25 September, 1891

Shanghai, 21st September.
Before Mr. A. Haupt, Acting Consul and President of the Court, and Messrs. W. B. van Corbach, Joh. Nolting, and CH. Iburg, Assessors.
  Mr. I. C. Hoch, lately a Customs Officer at Kiukiang, was charged with causing the death of an Italian subject named Dominico Lamacchia at Kiukiang on the 19th August last. Mr. E. Ghisi, Acting Consul for Italy, watched the proceedings on behalf of his nationals.
  The depositions taken by Mr. Sinclair, H.M.'s Vice Consul at Kiukiang, were read, and the defendant said he had nothing to add to his statement beyond that he and the deceased had always been on the best of terms.
  The Court having fully considered the case and all the circumstances connected therewith, unanimously declared that there was no question but that the deceased came to his death accidentally, and that the defendant was free from all suspicion of foul play, an opinion in which Mr. Ghisi concurred.
  The President, however, called the attention of the Court to Article 307 of the Penal Code referring to cases of death caused by another person, which provided that such person incurred a penalty of not less than eight days' imprisonment.
  The Court reluctantly sentenced the defendant to this term of imprisonment and requested the President to strongly recommend Hoch to the mercy of the High Court of Batavia in order that the sentence may be remitted, especially as the defendant cannot be reinstated in his position if he is imprisoned. The defendant said he would do what he could to support the family of the deceased, a promise he would be unable to fulfil if the recommendation of the Court was not acceded to.
  Pending the decision of the High Court the defendant was told that he would not be allowed to leave Shanghai without the sanction of his Consul.

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