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Colonial Cases

Newspaper commentary and minor cases 1880 onwards, Japan

Japan

Sacramento Daily Union, 5 April 1881

The case between the Misu Mail Japanese Steamship Company and the Pacific Mail Company, in the United States Consular Court has been decided in favor of plaintiff.

 

The Times, 28 May 1881

OUR RELATIONS WITH JAPAN.   Letter to the Editor, mostly re Postal Services.

 

North China Herald, 3 January 1882

ON CONSULAR JURISDICTION IN JAPAN.

  The unwarrantable conduct of foreigners in running down our countrymen ever since the ports were opened, has shown itself in such numerous instances that we cannot enumerate them all.  Of late it appears to have attained a greater magnitude than ever.  Ah! Japan is a grand independent country.  It is indeed natural that our countrymen should gnash their teeth and that their arms should tremble with wrath, whenever they observe the proud, violent and avaricious actions of the foreigners towards them.  There are laws, courts of justice and officers to administer them, to protect right and equity among men; men therefore, who kill their fellow creatures meet with their punishment, and likewise those who steal.  The justice of such principles is easily seen and acknowledged in every country in the world.  

  In our country, however, there seems to be no Court - though there is  one - that we can complain  to when foreigners commit unlawful acts whatever they may be, and there is no way of redressing our injuries.  What an unfortunate thing this is!

  Speaking only of the transactions between our government and the Foreign Powers, putting aside the intercourse of the people, we find that the former has been caught napping in its negotiations with the latter. We cannot help regretting that our prestige and national interests are damaged.  It must be admitted that, however good a man may be, his qualities will degenerate if he is allowed to pursue his own way.  How much more must this be the case with the uncompassionate aliens who are under no restraint, and, getting the upper hand, become grosser and grosser.  

 Moreover there are partial Consuls, who under the advantage of extra-territoriality benefit their own countrymen, and approve of their disparaging ways.  We call the attention of those who hate the selfishness of the foreigners, to the nature of consular jurisdiction, now we have met with an opportunity to comment upon it.  Some time ago a Chinaman made an attempt on Kobe to export three cases containing gold in bars, in spite of the export of this article being forbidden: the customs officials discovered the deception and confiscated them.   No one will be at loss to discover the wrong in an attempt to smuggle.  After many days these boxes were claimed as the property of the Hongkong and Shanghai Banking Corporation, and it was said that there was no reason to confiscate them.  Thereupon the Customs authorities instituted proceedings against the bank in the English Consulate Court at Kobe.  At this time we thought however selfish and one-sided the Consul might be, he would give an impartial judgment.  On the contrary, however, he gave judgment for the defendant.  Alas! What an unjust judgment is this. It is the duty of Consuls to distinguish right from wrong and to protect the injured parties according to the law.  The English Consul in question has delivered judgment disregarding his duty. It is unlawful.  There is no difference whatever between him and the shrewd and shameless Chinaman.  If we even accused him that he gives partial decisions to weak countries, and partial decisions to strong countries, he will not be able to say one word in vindication. But he ought to know that there is a universally acknowledged principle and that there is a law in Japan which cannot be annihilated, however partial and selfish he may be.  If he knows that, it must be plain to him that it is an open violation of the law to attempt to export prohibited articles under false representations, it is unlikely that he should be defended by the deceptions of the said Bank.  The Custom House is but a department of the Government, where a part of the business connected with foreign countries is carried on.  That such an unjust judgment is given against it, proves the contempt for our Government.    We wish to see what steps the Customs authorities will take to repair the dishonour cast upon our Government.

  The aliens despise our law, and resort to violent and avaricious measures, which we must endeavor to check as we do the smuggling by Chinese.  It is not the English Consul alone who gives unjust judgment.  What is the cause of these wrongs. It is the existence of the extraterritoriality. To abolish this it is useless to depend on the effort of the Government, and to wait without doing anything ourselves is the same as waiting for a negro to be washed white.  We must go to the root, and it should not be difficult to combine the energies of a whole nation. - Japan Herald's translation from Choya Shimbun.

 

The Times, 21 January 1882

THE CONSULAR COURT FOR CHINA AND JAPAN.

Mr. Richard Temple Rennie, barrister, has been appointed Chief Judge of the Supreme Court for China and Japan, in succession to Mr. George French, deceased.  ... he was about three years ago appointed Judge of Her Majesty's Court for Japan. - Solicitors' Journal.

 

The Times, 9 June 1884

THE CAPITULATIONS IN JAPAN.

[BACKGROUND AND SITUATION].

 

Daily Alta California, 18 November 1887

United States Minister Hubbard has ordered a new trial in the case of John Kernan an American seaman convicted in a Consular Court of the crime of manslaughter.

 

Daily Alta California, 22 October 1889. - A. Ettlinger of San Francisco was tried in the United States Consular Court, before Consul-General C. R. Greathouse, on the 5th inst., on the charge of conducting himself uproariously in the railway station at Totsuka, and pulling the station-master's ears.  He was fined $50 and costs.

 

The Times, 5 April 1888

NEWS FROM THE FAR EAST.

At the British Consular Court at Kobe, Mr. Justice Hannen sentenced the boatswain of the British ship Macedon to two years' imprisonment with hard labour for causing the death of a sailor by prolonged brutal treatment, and the mate to three months' imprisonment for the ill-treatment of another sailor.  The evidence showed that the treatment by some of the officers of the crew, who were suffering from scurvy, was of a most shocking character.

...

The British steamer Swatow (not Swallow, as reported a few days ago from New York) was wrecked off the port of Swatow on the night of February 22, when on a voyage to Shanghai, sinking immediately.  Twenty-nine Chinese and two European officers were drowned.  A Marine Court sitting in Swatow suspended the captain's certificate for six months.

 

North China Herald, 25 January 1889       

JAPAN AND EXTRATERRITORIALITY.

THE numbers of the Japan Herald and Japan Mail which arrived on Monday night refer to the rumours which were in circulation of Japan having concluded a treaty with one of the Western Powers from which extraterritoriality is excluded.  As usual there is the widest possible difference between the statements in these two journals.  Both, however, found their assertion on rumours which appeared in native journals, the Mail however adding that it entertains no doubt of the truth of the statement which appeared in the Choya Shimbun.  That statement was:-

   We now hear that in a treaty recently negotiated with a foreign Power, the extraterritoriality clause has been entirely set aside and the treaty made on terms of complete mutual equality.

   The Nichi Nichi Shimbun, which we believe is a better authority than the other native papers,  said:-

   We hear that private negotiations were recently opened, on the basis of the true rendering (of the most favoured nation clause), with a certain country (perhaps America, Germany, or Russia), and that a treaty has been concluded with it, abolishing the obnoxious extraterritorial clause, and granting in exchange certain privileges (which, however, are not included in the text of the treaty).

   These translations from the two native papers differ very considerably from those which the Herald published.  One of the latter positively stated that treaties had been concluded, that the revision of the treaty had been effected with one foreign Power, and that the provisions for extraterritoriality have been expunged from the revised treaty.  The other statement from the Nichi Nichi merely said that there was a rumour that some of the Treaty Powers possibly the United States, Germany, or Russia, have already recently agreed to the above proposals on the same terms.

   We have not received any numbers of the Herald published after the Mail had given its versions of the statements of the two native newspapers, but the agreement in the assertions of the Choya Shimbun, which we have already quoted from the latter paper is evidence of its having assured itself of their correctness.  We may remark however hat the statement in the Choya Shimbun that certain privileges were to be granted to the Power which had made itself conveniently serviceable to Japan, which would not be expressed in the new Treaty, is improbable.  It is likely to turn out to be one of those curiously "green" statements which appear so strange to a foreigner in the midst of much that is really admirable in the Japanese native press.  Even if, as we hope will be the case, all the Western Powers agree to the abolition of extraterritoriality, or to great modification of the principle as it is now expressed in the treaties, it is improbable that any of them would assent to special privileges being granted to one of them.  These privileges would, we take it, refer to matters of trade and commerce, including residence and the right of travel in the country, and if they were to be conferred on the subjects of one Power the others would claim the same privilege.

   Our readers will recollect that in Mr. Noman's letter, on the position of Japan, which we recently published, the course which the Foreign Minister of that country is said to have taken was very clearly indicated. In the struggle among foreign Ministers to be conciliatory to Japan and China there has probably been no difficulty in  finding one of the Powers which would do what Japan wanted.  Such a course might be expected to bring certain commercial advantages in its train.  The Japanese government and some of the people have a good deal of business of one kind and another to give way, such as contracts and orders for materials.  The Western Government which would first gratify the Japanese by surrendering such protection to its subjects in Japan as the treaty gives would have some claim for a large share of the good things which were going.  These considerations would be as carefully concealed as the privileges which the Japanese paper says are to be secretly granted by Japan.  But if privileges are given to one Power the others may console themselves by reflecting that the flightiness of the Japanese will soon make them weary of dealing chiefly with one nation, and that very soon. But it would not be good policy for Japan to offend any first class Western Power in the matter of treaty revision, for the future of the present state of affairs in this part of the world is by no means assured.  In the event of war occurring out here, I is quite possible that Japan might require assistance, and that that might not be obtainable from the Power to which she had granted privileges which were not extended to the others.  And it might be that when Japan wanted support she would find there were only three Powers in the East whose aid could go beyond mere friendly expressions on paper - England, Russia and China.

 

Daily Alta California, 13 November 1889

THE JAPAN TREATY.

 

The Sydney Morning Herald, 18 February 1890

GERMANY AND JAPAN.

From the Spectator.

It looks as if the new German policy under which the Imperial Government strives to develop the trade of the Fatherland with all the ingenuity and eagerness of a pushing commercial house, were going to bring about some not altogether pleasant results in the far east.  Up till now, the various Christian races, whether of the old or the new world, have agreed to insist that the laws of non-European and non-Christian countries must not be applied to persons of European blood.   Wherever the white man has gone - among Mahommedans, Chinese, or Japanese - his own law, it has always been held hitherto, must follow him and all disputes between him and the natives must be adjudged by Judges of his own race  an d according to his own principles of jurisdiction.  Only under such an arrangement as this has it been considered that justice could be secured.

   Now, however, the Germans, as far, at least as Japan is concerned, have broken through the tacit agreement between the nations to act together, and have negotiated a treaty under which they agree that German subjects resident in the interior shall at once become fully subject to Japanese law, and that after the lapse of five years their exclusive settlements at the Treaty ports shall cease to come under consular control, and shall be merged in the ordinary "communes" in which they are situated.

...

Elsewhere, however, it may be a source of very serious mischief and inconvenience.  Suppose Germany, in exchange for special and exclusive privileges granted by the Sultan, were to give up the Capitulations at Constantinople, and were to agree that the commercial transactions of her subject should be adjudicated on by Mussulman Cadis. ....

...

Instead of the Asiatic Powers being shown that improvement in civilisation is the condition of equal treatment, it has been made clear to them by the action of Germany that a little judicious bribery will easily break up the European agreement in regard to the capitulations.

 

The Mercury (Hobart, Australia), 28 February 1890

JAPANESE JOURNALISM.

The Financial News writes thus: - We do not generally look to Japanese journals for examples of enterprise, but one of them has certainly accomplished a feat in obtaining an advance copy of the treaty between Japan and Germany.  As this will, doubtless, be the revised basis of all other treaties with European powers, the publication of it is of exceeding interest.

   The most important article of the treaty is to the effect that for the period of five years the jurisdiction of German courts over German subjects shall be limited to the foreign settlements of Hakodite, Tokio, Yokihama, Osaka, Kobo, and Nagasaki, and to such ports as are now open to German vessels. Outside of these localities the Japanese courts shall have complete jurisdiction, both civil and criminal.  At the end of five years, however, German consular jurisdiction ceases throughout the country.  Thus, at the end of five years from February next, Japan will be independent of the control of foreign consular courts, and all the foreign settlements will become incorporated with her own municipal system.

 

Devon & Exeter Daily Gazette, 9 October, 1890.
A SHIP'S CREW POISONED.
  Letters received at Philadelphia from Japan state that two Malays, the steward and cook, of the British ship Lizzie Troop, during her voyage out of Philadelphia to Japan, put a heavy dose of arsenic into the food., nearly causing the death of all on board. Both are Mahommedans and are under arrest. The British Consular Court has been convened at Kobe, near Hiogo, at the instance of Captain Frownes, to try the accused. The steward, D. Diaz, and the cook, Charlie Turohaen, have confessed that early in the voyage the thought occurred to Diaz that he had better murder the captain and the mate.  He told Turohaen what Allah had ordered him to do, and suggested that poison should be used for the purpose.  When the vessel passed Aujeer, Diaz filled the bread with arsenic.  On the same day the Captain, Mrs. Frownes, and the mate were seized with vomiting, and were unable to help one another.  Finally the Captain suspected from the Malay's actions that poison had been administered.  Recourse was had to the stomach pumps, and the lives of the sufferers were saved.  The crew testified that they had heard the Malays agree to poison everybody on board and anchor the vessel near the Malay Archipelago, where she would be captured by their kinsmen.
See also the Hull Daily Mail, 10 October, 1890.

 

San Francisco Call, 10 March 1892

THE WRONG OX GORED.

 

The Brisbane Courier (Queensland, Australia), 20 April 1893

FOREIGNERS IN JAPAN.

A Yokohama telegram per Reutter's agency, dated 17th February, says: - .....the old question of treaty revision has now once more come to the front.  An address to the throne on the subject has been moved in the Lower House, where it was discussed in secret session.  Meanwhile it is known that the deputies who brought forward the orders are in favour of the following propositions:- that the principle of extra-territoriality, whereby the subjects of Western Powers are exempted by treaty from Japanese jurisdiction, and are amenable only to consular courts, shall be abolished; that Japan shall be released from the treaty restrictions which at present deprive her of independence in the matter of the Customs tariff; that foreigners shall be excluded from the coasting trade; that mixed residence be generally sanctioned for foreigners except at Hokkaido and Okinawa in the Loo Choo Archipelago, where the right shall be restricted to a certain area; that foreign residence shall be prohibited in the other islands; and that foreigners shall be precluded from possessing land, mines, railways, shipbuilding works, and docks.

 

Evening Telegraph (Dundee), 25 August, 1893
SEIZURE OF BRITISH SAILING SCHOONERS.
VICTORIA (B.C.), Friday. - The sailing schooner Minnie of this port, which was seized by a Russian warship on July 13th last for a violation of the Anglo-Russian Seal Protection Treaty, and subsequently ordered to Yokohama for trial there by the Consular Court, has come direct here without going to Yokohama. She claims to have been dispossessed of her papers while 49 miles off Copper Island. The seizing officer estimated the distance off shore at 22 miles.
 Word has also been received of the seizure of the schooners Annie C. Moore and Annie E. Paint.

San Francisco Call, 20 September 1893

A TRIVIAL ERROR.

But It Caused the Seizure of a Victorian Sealer.

VICTORIA, B.C., Sept 19.

The sealing schooner F. B. Marvin arrived from the Copper Islands this afternoon with 1524 skins, having taken something over 500 skins on the Russian side.  She brings news of the seizure of the Victoria schooner Maud S at the southward of the islands on August 29.  Several days before the date mentioned she was sealing fifty miles out at the south of Behring Island, and the mate, when he made the entry in the log, neglected to add a cipher after placing five down.  By mistake the vessel did get a few miles inside the limit, and when boarded and the log and curious entry were examined her papers were confiscated and the vessel ordered to proceed to Yokohama.  Captain McKiel readily complied.  Marvin met the Maud S just after the seizure, and the captain didn't then expect trouble about clearing the schooner before the Admiralty or Consular Court at Yokohama. ... [See San Francisco Call, 17 November, for details of a proposed Anglo-Russian agreement to protect the Russian whaling grounds.]

 

The Times, 26 August 1893

THE SEAL FISHERIES.

VICTORIA, B.C., AUG. 24.

   The sealing schooner Minnie, of this port, which was seized by the Russian cruiser Yacout on July 18 last for a violation of the Anglo-Russian Seal Protection Treaty, and subsequently ordered to Yokohama for trial there by the Consular Court, has come direct here without going to Yokohama.  She complains of having been dispossessed of her papers while 49 miles off copper Island.  The seizing officer estimated the distance off shore at 22 miles.

   News has also been received of the seizure of the schooner Annie C. Moore and Annie C. Paint.  The former is being towed, with her catch, to Petropavlovsk.  The Ainoka, which was seized under circumstances similar to those under which the Minnie was stopped, was picked up at night by the Yacout's search light.  She is now returning to Victoria, B.C. - Reuter.

 

San Francisco Call, 17 November 1893

A Seized Sealer Discharged.

VICTORIA, Nov. 16. - The Northern Pacific steamer Mogul arrived this afternoon with freight from Yokohama.  She says the Victorian sealer Maud S, seized by the Russians for being on their 30-mile limit, was discharged by a consular court at Yokohama.

 

Goulburn Herald (Australia), 10 August 1894

BRITISH AND FOREIGN.

LONDON, Thursday.

An important treaty between Great Britain and Japan has been concluded.  By the treaty the Consular Courts at present in existence will be abolished within a period specified in the agreement.  Great Britain also undertakes to recognise Japan as being on an equal footing with the civilised powers.

 

The West Australian (Perth), 20 September 1894

THE RELATIONS BETWEEN GREAT BRITAIN AND JAPAN.

ABOLITION OF EXTRA-TERRITORIAL JURISDICTION.

London, September 18.

A treaty has been negotiated between Great Britain and Japan abolishing the extra-territorial jurisdiction, under which British subjects in Japan are rendered amenable to British Consular Courts.  The British colony in Japan is indignant at the treaty, which it regards as sacrificing its interests.

 

Launceston Examiner (Tasmania, Australia), 4 December 1894

... Referring to this special phase of the proposed agreement the London Globe of October 13 remarks: - "The most serious thing, however, about the treaty is the abolition of Consular Courts.  From the native courts, on the few occasions when our merchants have ventured to prosecute a swindling native, they have learned a salutary lesson concerning the corruption and incompetence of the native Judges."

 

North China Herald, 26 June,1896

JAPAN.

(FROM OUR OWN CORRESPONDENT.)

DEATH OF MR. CONSUL ENSLIE.

   Mr. Enslie, for many years Consul at this port and judge of H.B.M.'s Court for Hiogo and Osaka, died after a long illness at 11 p.m. on Sunday last. The sad event had been awaited for some time, it having been seen that there was, humanly speaking, no possibility of recovery. Indeed it is a marvel to many that he was able to hold the last messenger at bay so many weeks. Almost to the last he preserved his accustomed cheerfulness and suavity of manners, but during the last month he was restricted by his medical adviser from seeing several of his friends. Mr. Enslie's death is a severe blow to this community, of which he had been one of the most prominent and respected members for several years.  .  .  .   He was the oldest consular official in Her Majesty's service in this country. .  .  .  

 

San Francisco Call, 1 August 1896

Milton Scott, a hunter on the sealing schooner Louisa D., had a narrow escape for his life in Japan.  He killed a Japanese in Hakodate in self-defense, but was acquitted by a jury in the consular court.  He came home on the steamer Belgic. ...

Among the arrivals on the steamer Belgic yesterday was Milton Scott, an erstwhile hunter of the sealing schooner Louisa D.  He had an exciting time of it in Japanese waters and very nearly lost his life.  Japanese footpads attacked him and he shot two of them in self-defense.  He was tried for murder, but was acquitted by the Consular Court and at once took passage for San Francisco. [Interview with Scott follows.]

 

Los Angeles Herald, 30 August 1896

... Jackson and Seymour were American citizens and as such were tried by the consular court, and after several months' imprionment were discharged for lack of evidence implicating them in the crime.

 

North China Herald, 25 September, 1896

OUTPORTS.

FORMOSA.

(FROM OUR SPECIAL CORRESPONDENT.)

OPENING OF THE CIVIL COURT.

   The civil court opened at Changhua for the first case on the 23rd of August, and I made it a special point to be there.

[Not transcribed.]

.  .  .    I will add that I am confident as long as Mr. Hannasaki represents the State in the Formosa Superior Court, Chinese need not fear injustice, and Japanese will find that they cannot break the laws of their country with impunity.

 

Los Angeles Herald, 12 January 1897

YOKOHAMA, Jan 11.  The Carew case.

Sacramento Daily Union, 8 February 1897: the Carew case.

 

South Australian Register, 3 February 1897

THE YOKOHAMA TRAGEDY.

A VERDICT OF GUILTY.

MRS. CAREW SENTENCED TO DEATH.

 

The Japan Times, 1 April 1897

Yesterday morning, at the United States Consulate-General at Yokohama, before N. McIvor, Esq., Consul-General, with Messrs. W. A. Payne and A. Weston sitting as assessors, L. L. MILLER was charged, on the complaint of Frank Edward Frazier, Captain of the American barque St. Catherine, now lying in Yokohama harbour, with stealing, between the 22nd February and the 20th March eight bolts of canvas, valued at $138 gold. Mr. Scidmore appeared on behalf of the prosecution, the prisoner being undefended. After the evidence of these witnesses had been given for the prosecution the court adjourned in order to enable the prosecution to procure the attendance of a witness who is now sick in hospital. 

 

The Brisbane Courier (Queensland, Australia), 17 July 1897

THE YOKOHAMA POISONING CASE.

LONDON, July 15.

The Judicial Committee of the Privy Council have rejected the appeal of Mrs. Carew (who was convicted at Yokohama of poisoning her husband and sentenced to death, the sentence being afterwards commuted to imprisonment for life) for leave to appeal against the sentence passed upon her by the Yokohama Consular Court.

 

The Japan Times, 11 November 1897

  A recent report says that Mr. E. Whittall, No, 245 Yokohama, sued a man names Ichimatsu Matsuyama, for having obtained a sum of 30,000 yen from the complainant by false pretences. Mr. Whittall proceeded in person to the Tokyo Local Court, and instituted the action on Wednesday the 19th inst.

 

The Japan Times, 16 November 1897

 As we noted in these columns the other day, Mr. Edward Whittall, of No. 245Yokohama, accused a Japanese named Ichimatsu Sugiyama of obtaining the complainant's money to the amount of 30.000 yen under false pretences. On investigating the matter, however, the Tokyo Local Court rejected the accusation yesterday (15th) on the ground of insufficiency of evidence.

 

The Japan Times, 13 January 1898

INSUBORDINATION ON BOARD SHIP.

    WILLIAM PECK and CHARLES ANDERSON, seamen on the British ship Pass of Leny, were charged by the master with continued refusal of duty, in H.M.'s Court for Japan, this morning, and were sentenced to 24 hours imprisonment, or such less period as the snip may be in port, to forfeit two days' pay, and to pay the costs of the Court.


 

The Japan Times, 17 January 1898

VIOLENT SCENE ON A BRITISH STEAMER.

  JOHN HILL CROWLEY, third mate of the British steamer Clarendon, was charged at H.B.M.'s Court for Japan this morning, before Mr. James Troop, Assistant Judge, on the information of the carpenter, FRANK VAN OPPEN, with having on the 14th inst. on board the said ship, assaulted and beaten the complainant with an iron crowbar. The evidence for the prosecution was to the effect that in consequence of some trouble over an oil feeder, the third mate had struck the carpenter, whereupon the latter threw him and held him down on deck. Soon after this when the carpenter was engaged in planing a deck plank, the third mate came up from below accompanied by the first mate, who threatened to put the carpenter in irons. Then according to the carpenter's testimony, the third mate picked up a crow-bar, whereupon the carpenter called upon him to drop it. The third mate replied,"Let me alone or I'll kill you;" made one step back and struck the carpenter on the back of the head and felled him to the deck. 

  The evidence for the defence and the accused's own statement, on the other hand, sought to prove that the blow had been struck in self-defence, as the carpenter was about to attack the accused with a jack plane; that the carpenter was a surly, ill-conditioned fellow, who was always having trouble, both with the sailors and his superior officers. 

 

The Japan Times, 19 January 1898

DISPUTED CLAIM 

FOR PROFITS.

   A suit will be commenced in Her Majesty's Court for Japan tomorrow morning, between BERNHARD ADOLPH MUNSTER and EDWARD WHITTALL. The plaintiff, who is a German subject and a mechanical engineer by profession, residing in Yokohama, claims that during the year 1893 he entered into an agreement with the defendant, whereby he was to render him professional assistance in the import and sale in Japan of machinery and railway material, and that for such professional assistance it was agreed between them that the plaintiff should receive one fourth of the profits that should be realized from any transactions of such imports and sale, wherein the services of the plaintiff were utilized by the defendant.  The plaintiff further contends that he duly rendered his professional services to the defendant, and that there is now due to the plaintiff the sum of yen 492.23. which the defendant neglects and refuses to pay and which the plaintiff sues to recover.

  Mr. G. H. Scidmore will appear for the plaintiff, and Mr. Litchfield for the defendant. There was a hearing before His Honour Judge Wilkinson in Chambers this morning to settle the issue, but public proceedings will begin, as stated, tomorrow morning.

 Unfortunately for accused, a remarkable quiet and refined looking man, the Court accepted the evidence of the prosecution, and sentenced him to pay a fine of 25 yen, and the costs of the Court, or in default to go to gaol for fourteen days.


 

The Japan Times, 26 January 1898

ABSENT WITHOUT LEAVE.

 In H.B.M.'s Court for Japan this morning, before Mr. James Troop. Assistant Judge, CHARLES ESTERMAN, WILLIAM PETERSEN AND SIMON YUMALLA, sailors on the S.S. St. Ronald, were brought up on a warrant, charged with being absent without leave. The men pleaded guilty, and were sentenced to forfeit two days' pay, and pay the costs of the Court.

 

The Japan Times, 20 January 1898

MUNSTER v. WHITTALL.

 The suit of Bernhard Adolph Munster against Edward Whittall, claiming payment of yen 492.23 for professional services rendered in the import and sale in Japan of machinery, &c., was amicably settled out of Court this morning, to the satisfaction of the plaintiff.

 

The Japan Times, 3 February 1898

ABSENT WITHOUT LEAVE.

  In H.B.M.'s Court for Japan this morning GASTON DESSOLES, a sailor on the S.S. St. Ronald, was charged with being absent without leave. The accused admitted the charge but pleaded in extenuation that he had come ashore for the purpose of complaining about the brutality of the Chief Engineer. His Honour sentenced him to seven days' imprisonment.

 

The Japan Times, 16 February 1898

JAPANESE AND FOREIGNERS IN LITIGATION.

  The number of civil cases brought last year against foreigners by Japanese at Yokohama, was 54, which, with the addition of 15 cases remaining over from last year, makes a total of 69.

  Of these 31 were against Englishmen, 21 against American, 8 against Germans, 5 against Frenchmen, and 1 each against Dutch, Italian, Austrian and Danish. The decisions were in favour of the Japanese in 11 cases, 4 against them, and 19 cases were settled privately, 5 withdrawn, 8 rejected and 17 unsettled.

 

The Japan Times, 16 March 1898

CLAIM AGAINST THE P. & O.
  In H.B.M's Court for Japan this morning, before His Honour Judge Wilkinson, the case was called, of M.M. Hassan v. Manager of the firm of M. H. E. Ellias, the Peninsular and Orient Steam Navigation company, for yen 146.25, alleged loss by shortage of cargo, adjourned from December 14th last to enable the plaintiffs to obtain affidavits from Bombay.  Neither party produced affidavits.  Mr. Alfred Woolley, the agent of the P. and O., put in a doctor's certificate of inability to attend, and asked for a fortnight's adjournment.  Mr. Hassan, however, urged that this was too long as he had already taken passage in the S.S. Rosetta, which leaves on the 22nd. His Honour thereupon adjourned the case until the 21st.


 

The Japan Times, 22 March 1898

THE CLAIM AGAINST THE P. & O.

  In H.B.M.'s Court for Japan this morning, before His Honour Judge Wilkinson, the adjourned case was again called of M.M. Hassan, Manager of the firm of M. H. E. Ellias vs. the Peninsular and Oriental Steam Navigation Company, by their agent Mr. Alfred Woolley, for yen 146.25 alleged loss by shortage of cargo consisting of two packages of ivory landed here ex S.S. Ancona, June 16th, and 10 yen expenses of survey.

  The above case originally came before the Court in December 25th inst. but was adjourned to enable the parties to obtain affidavits from Bombay.  Mr. Alfred Woolley informed the Court that he had received a letter from Bombay, the upshot of which was that ivory would not be shipped again under conditions complained of, from Bombay. He suggested that this claim be settled in Bombay, and if the Court sanctioned it, he would order the Company's agent there to pay yen 156.35 to the plaintiff's agency.  A letter was read from the office of the Superintendent in Bombay, which stated that all shippers have been notified that only ivory packed in stout wooden cases, will be accepted by the Company's steamers for shipment to China and Japan, and that the weight in each case must be stencilled on the outside as is the case in opium. The ships are also not to receive ivory packed unless as described, and to verify their gross weight before shipment. 

  His Honour accepted this arrangement, on the defendant having expressed his readiness to defray the Court fees incurred, and ordered the petition to be withdrawn.

 

Los Angeles Herald, 1 July 1898

In a United States Consular court at Nagasaki, June 15, Kelly, the proprietor of a grog shop in Oura was found gulty of the murder of an American sailor named Gannon and was sentenced to death.

 

Sacramento Daily Union, 19 October 1898

WASHINGTON, Oct. 18. - The officials of the State Department express a great deal of surprise overt the arrest in San Francisco of James Flood.

Flood appears to have gotten into difficulty at Kobe, Japan, the charge being embezzlement of bank funds, so far as the department here knows.  He started for the United States, and while en route United States Consul Lyon, at Kobe, notified the State Department that he had directed the United States Marshal at San Francisco to arrest Flood upon his arrival.  This was a very unusual proceeding, in view of the fact that the alleged offense was committed in Japan, and the Japanese Government had not taken any steps to prosecute Flood.  The Consul based his action on the alleged fact that Flood is a fugitive from the Consular Court at Kobe.  This does not, however, alter the legal aspect of the case, and it is not plain that Flood can be detained by the Californian authorities.

 

The West Australian, 20 December 1898

THE CASE OF MRS. CAREW.

Mrs. Carew, who some months ago was sentenced to imprisonment for life by the British consular court at Yokohama for poisoning her husband, has been brought to England.

 

San Francisco Call, 15 January 1899

The Nippon Maru brings the news of the firing of the British ship troop in Yokohama harbor. ...Emil Gorig, who had been shipped in New York as an able seaman but had been promoted to boatswain during the passage, was suspected. ... He was arrested, and on a preliminary trial held to appear before a full consular court.

 

Los Angeles Herald, 17 March 1899

TREATY WITH JAPAN

To Take Effect on the Seventeenth of July.

WASHINGTON, March 16. - Extensive changes in the relations between the United States and Japan will be brought about on July 17th next, when the new treaty between the two nations goes into effect. ... The extra-territorial system is swept away by the new treaties.

 

The West Australian, 20 July 1899

SUMMARY OF NEWS.

The Consular Courts of Japan have been abolished.

JAPAN.

ABOLITION OF CONSULAR COURTS.

LONDON, July 18.

The Consular Courts of Japan have been abolished.  The first trial of a foreigner by the native court will be that of an American, who is charged with several murders.

 

The Launceston Examiner (Tasmania), 20 July 1899

JAPANESE JUSTICE.

A CHARGE AGAINST A YANKEE.

LONDON, July 18.- The Consular Court of Japan has abolished the ceremony of a first trial by a native court in the case of an American arraigned on a charge of murder.

 

The Argus (Melbourne, Australia), 4 November 1911

FAMOUS MURDER CASE.

HUSBAND POISONED BY WIFE.

MRS. CAREW RELEASED

... Mrs. Carew, who has been an inmate of Aylesbury Gaol in England, has now been released after serving over 13 years in prison.

 

 

The Singapore Free Press & Mercantile Advertiser, 1 September 1897 (2)

At Yokohama, on the 9th August, an inquest was held at the British Naval Hospital, before H.B.M.'s Assistant Judge, Mr. James Troup, sitting as Coroner, upon the body of Robert Owen, an able seaman on H.M.S. Pique, who fell from the ship's boom through an awning on Saturday morning last, while engaged in hanging up a deck cloth to dry.  The deceased died at noon the next day, the cause of death being apparently fracture of the right side of the skull.  A verdict of accidental death was returned.

 

The Japan Times, 19 May 1898

A SAILOR THIEF.

Gus Raymond, an AB on the British barque Anciens, was charged in H.B.M.'s Court for Japan this morning, with the larceny of two overcoats and a shawl, valued at $65, the property of Mr. O. Keil. The accused was not present, and his Honour therefore issued a warrant for his apprehension, to be brought up for trial tomorrow morning.

 

The Japan Times, 20 May 1898

IT WAS NOT BREAD HE WANTED.

In H.B.M.'s Court for Japan this morning Gus F Raymond, an AB on the barque Anciens, was brought up on a warrant charged with the larceny of two overcoats valued at $50, the property of Mr. O. Keil of No. 46B, Bluff. The prosecution was conducted by one of the prosecutors from the Yokohama Chiho Saibansho.

Mr. Keil testified that on the 24th ult. his servant informed him that two foreigners were at the door asking for bread. The witness told the servant to give them some, which he did. The next morning the servant informed him that the two overcoats were missing from the rack in the hall. The Bluff police were notified, and soon after the articles were restored.

Evidence was given by the two foreign clothes dealers, who  deposed that they had each purchased an overcoat from a foreigner, and one of these witnesses identified the accused as the foreigner in question.  The accused foolishly elected to make a statement in which he admitted that he had sold one overcoat on the morning of the 25th, but added that he had been accompanied by another man named Tommy Shean. His Honour committed him for trial.

 

The Japan Times, 7 April 1898

TRIAL IN "PATHAN" AFFAIR.

Kobe, April 6.

The trial of the Pathan case was opened today at the British Consulate here. Judge Tobita of the Kobe Local Court attended as the representative of the Japanese Bench.

 

Los Angeles Herald, 1 July 1898

In a United States Consular court at Nagasaki, June 15, Kelly, the proprietor of a grog shop in Oura was found gulty of the murder of an American sailor named Gannon and was sentenced to death.

 

San Francisco Call, 10 September 1898

The wreck of the American ship Baring Bros., was sold at auction ...The burning of the ship is shrouded in mystery, as the consular court of inquiry threw no light on the subject whatever.

 

Sacramento Daily Union, 19 October 1898

WASHINGTON, Oct. 18. - The officials of the State Department express a great deal of surprise overt the arrest in San Francisco of James Flood.

Flood appears to have gotten into difficulty at Kobe, Japan, the charge being embezzlement of bank funds, so far as the department here knows.  He started for the United States, and while en route United States Consul Lyon, at Kobe, notified the State Department that he had directed the United States Marshal at San Francisco to arrest Flood upon his arrival.  This was a very unusual proceeding, in view of the fact that the alleged offense was committed in Japan, and the Japanese Government had not taken any steps to prosecute Flood.  The Consul based his action on the alleged fact that Flood is a fugitive from the Consular Court at Kobe.  This does not, however, alter the legal aspect of the case, and it is not plain that Flood can be detained by the Californian authorities.

 

 

San Francisco Call, 15 January 1899

The Nippon Maru brings the news of the firing of the British ship troop in Yokohama harbor. ...Emil Gorig, who had been shipped in New York as an able seaman but had been promoted to boatswain during the passage, was suspected. ... He was arrested, and on a preliminary trial held to appear before a full consular court.

 

Los Angeles Herald, 17 March 1899

TREATY WITH JAPAN

To Take Effect on the Seventeenth of July.

WASHINGTON, March 16. - Extensive changes in the relations between the United States and Japan will be brought about on July 17th next, when the new treaty between the two nations goes into effect. ... The extra-territorial system is swept away by the new treaties.

 

The West Australian, 20 July 1899

SUMMARY OF NEWS.

The Consular Courts of Japan have been abolished.

JAPAN.

ABOLITION OF CONSULAR COURTS.

LONDON, July 18.

The Consular Courts of Japan have been abolished.  The first trial of a foreigner by the native court will be that of an American, who is charged with several murders.

 

Examiner (Launceston, Australian), 17 February 1902

It may be pointed out here that England was the first power to grant Japan full rights over her foreign citizens. ...

 

Los Angeles Herald, 27 September 1902

AFTER TWENTY YEARS

Pardon Granted a Seaman Convicted of Killing an Officer.

WASHINGTON, Sept. 26. - The President has grated a full and unconditional pardon to William Dinkella, convicted in 1880, before a United States consular court of Japan, for the murder of Charles H. Abbott, first mate of the American ship Centennial, while lying in Hiogo harbour, the prisoner being second mate of the ship. Dinkella has been in prison for more than twenty years in the Albany (N.Y.) prison.  He always has insisted that the crime was committed in the heat of passion, and when he believed his own life was in jeopardy, the testimony showing that the murdered man had beaten and choked the prisoner almost into insensibility, when the prisoner secured his pistol and shot Abbott dead.

The attorney general says that the element of premeditation was entirely lacking, and that in these circumstances the crime could not have arisen above murder in the second degree, the maximum penalty for which is fixed usually at twenty years.  In view odf this fact and of the uniformly good behavior of the prisoner while in the penitentiary a full pardon is granted. [See also San Francisco Call, same date.]

 

Barrier Miner (Broken Hill, Australia), 25 August 1920

BRITISH MERCHANT'S ARREST BY JAPANESE AUTHORITIES.

"VIRTUALLY KIDNAPPED"

("The Times" Message.)

London, August 22.

The Pekin correspondent of the London "Times" states:-

The arrest by the Japanese of Mr. George Shaw, a British merchant of Antung (Manchuria) is attracting widespread attention, but the Japanese allegations have long been common property, and were actually the subject of recent discussion between British and Japanese diplomats.  It was open to the authorities in Manchuria at any time to proceed against Mr. Shaw regularly, in the consular court, but the Japanese refrained from taking that course.  Mr. Shaw was warned by the British Consul-General to be careful.

He went down the line into Korea to meet his family, was permitted to cross the frontier without a passport, and was then arrested.  In Pekin it is considered that he was virtually kidnapped.  He was roughly treated, and was detained for weeks without charge.

"He is now about to be tried in a country notorious for its unscrupulous administration of justice," the correspondent continues." Any kind of evidence will be raked up, and he will not have a dog's chance unless he is rescued from his perilous position.  All people are united in demanding a fair trial in the territory where the offence is alleged to have been committed."

 

Morning Bulletin (Rockhampton), 13 September 1937

SHANGHAI'S CHEQUERED HISTORY.

STORM CENTRE OF THE SINO-JAPANESE CONFLICT.

New Chapter being written.

... In had frequently been suggested that the international settlements should be handed back to China and that the foreigner should submit to Chinese jurisdiction.  This has already been done with the settlements further up the Yang-tse, notably at Hankow.  Another suggestion is that a wide neutral zone should be created, but neither of these suggestions coincides with the aspirations of the contending parties. ...

 

The Times, 7 April 1938

ASSAULTS BY JAPANESE.

The British Consulate-General has notified the Japanese Consul-General of Mr. C. J. Dos Remedios's intention to take proceedings in the Japanese Consular Court against the Japanese civilians who assaulted him on Saturday.  The notification was accompanied by a statement of the facts (Mr. Remedios was dragged out of his motor-car and violently assaulted) signed by Mr. Remedios and another British subject who witnessed the incident.  It is also requested that the British Consulate should be informed of the date fixed for the hearing of the case.

Another British subject, named Mackie, has complained of being stopped and attacked without provocation by a Japanese soldier without a tunic in Hongkew yesterday.  The case is under investigation by the British Consulate.

 

The Courier-Mail (Brisbane, Australia), 26 November 1952

JAPAN ASSERTS POLICE RULE.

The problem of dealing with members of the commonwealth Forces who fall foul of the police in Japan is still far from solution.

The Japanese are holding for 10 days the Australian private and British sapper who had been arrested on a charge of holding-up and robbing as Japanese taxi-driver. 

Japan is insisting on the right of Japanese Courts to try these men and, if the charges against them are proved, to punish them according to Japanese law. [Mentions similar case of two British sailors "last July".]

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