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Colonial Cases

United States v. Kilgore, 1899

[assisting escape]


United States v. Kilgore

United States Court for China
Lobinger J, 18 September 1899
Source: North China Herald, 26 September 1899



Shanghai, Sept. 18.

Before Hon. C. S. Lobinger, Judge.


   William B. Kilgore, formerly U.S. gaoler in Shanghai, was charged with allowing a prisoner to escape and with misprision of the felony of the escape.

   Dr. F. E. Hinckley, District Attorney, appeared to prosecute, the defendant being represented by Mr. W. S. Fessenden.

   The accusation against the defendant, a citizen of the United States, is the crime of allowing a prisoner to escape; in that said William B. Kilgore, within the jurisdiction of said Court, said jurisdiction covering acts and omissions set on the part of said William B. Kilgore on board the United States Transport Sheridan, a vessel of the United States on United States Government Service on the high seas, that is to say, at the time of said act and omissions to act, within waters in the high seaside of the shore low water mark in the port of Nagasaki, Japan, on voyage from Manila, Philippine Islands, to San Francisco, California, said William B. Kilgore having custody of one United States prisoner by name Peter A. Grimes and having authority for and being directed to deliver said prisoner to the Commanding Officer of Troops on board the said Transport Sheridan for transportation of said prisoner to the State Prison at San Quentin, California,  said State Prison having been designated to receive said prisoner, and delivery of said prisoner at said port in Japan with the arrangements in Japan necessary to said delivery having been mutually  agreed upon by the Governments of Japan and the United States, at said place, to wit on board said United States Army Transport Sheridan on said high seas at said Nagasaki, Japan, heretofore and on or about May 20, 1914, said William B. Kilgore being then and there the prison keeper of the prison at Shanghai, China, for American convicts in China with authority and direction to have in his custody and to deliver said prisoner, said prisoner therefore having been, by  said Court, convicted of felony  forgery and then and there  on said conviction, serving sentence of imprisonment of three years for said forgery by virtue of process, to wit, Commitment by said Court on said conviction and sentence, said process having been thereto and to him, said William B. Kilgore, issued under the laws of the United States by said Court, said William B. Kilgore  did voluntarily and feloniously allow and suffer said prisoner to escape; against the laws of the United States and against the Act of Congress of March 4, 1900, Chapter 321, Section (Federal Penal Code), as Statutes at Large, 1099, 1118.

   Mr. Fessenden took exception to the information being introduced at such a late stage of the case.

   The Court stated that he could have an adjournment if he so desired.

   Mr. Fessenden asked for an adjournment until Friday, which was granted, the Court at the same time allowing the amended information asked for by the prosecution.

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