The Court opened shortly before 10 a.m.; the Che-hsien, and H. B. M.'s Consul Mr. Medhurst were also present.
Mr. Rennie appeared for the prosecution, Mr. Robin-on for the defence.
The Clerk of the Court read the indictment, which was as follows Robert Anderon Muveat, Esquire, Law 8 of Hor Britacuie Majesty's Supreto Court for and apas, charges Goonge Ford Yor that he the aid George Ford On the 10th day of September in the year of our Land 1878, "feloniously, wilfully, and of his malice aforethought, idk! hud and murder one Chow-ehn-chen, a ea the peace of our Lady the Queen, her crow and Prisoner pleaded not guilty.
The following juryman were then sworn:—Messrs. T. R. Wheelock, H. Morriss, G. Lindsay, W. Crawford, and J. Buchanan.
Mr. Riawsie said—May it please your Lordship, Gentlemen of the Jury,—You have heard the indictment read, and you are therefore doubtlessly acquainted with the nature of the alleged crime into which you have to enquire. It is my duty to lay before you as shortly as Tecan the details of this case, and I have no doubt it will receive your most earnest and attentive care and investigation. I believe I case to be shortly these." That on the 10th hall be able to prove to you the facts of the Sept. last, about six coolies were engaged by the prisoner at the bar to perform certain work for him, namely, to remove certain furniture and materials from an old house belovging to him to a new one in which he was then living, in premises known as Dow's Dock. These coolies had continued at this work all the day, and in the evening, as they will tell you, about 6 o'clock, when it was getting
paid, under an agreement made between the dark, they struck work and requested to be prisoner and them to the effect that they were to receive 250 cash a day for their work. But as they had not performed all the work he had expected from them, and had failed to carry one particular stone which was to have been removed, he refused to pay them more than 50 cash each, and he handed 300 cash to his cook to pay to these coolies.
Mr. Roprxsox.—For the sake of fairness, I think you should also state that he promised to give them the balance after the work was completed.
it. Rexxre.—Yes, the balance, weare given to understand, was promised them by prisoner under such circumstances, but as it was getting, dark and it was after time, they declined to move the stone, and prisoner declined to pay them. Upon this, they pressed for payment, and prisoner thereupon went into his house, went upstairs, and brought
assaulted the coolies. They still asked for pay-down a pistol, with which he threatened and ment, and eventually the prisoner went upstairs and returned with a loaded gun. On seeing this the coolies became alarmed and' ran away in a me, the deceased being last, and when they reached the gate of the enclosure they heard two shots fired in rapid succession. The evidence of one of the coolies is peculiarly material, because he says deceased was last in the file running, and he heard him call out you want cash, come back." He, however, continued to run to the outside of the gate and saw no more, but he heard the shots fired. This is the story which will be told you, and corroborated by four Chinese witnesses whom T shall call before you. 1 shall also call before you the two doctors who examined the body and also—and what is very material to the case—three European witnesses, who will repeat to you declarations made by the prisoner to them in relation to this affair—declarations made immediately after it occurred. The statements which they will make to you are to the following effect.
Mr. Rontxsos—Your evidence of the declar ation ix not proved. I wish you only to state what you will prove. What do you Prypens todo? 4 'Mr. Resste—I propose to state in detail the declaration made by the prisoner to witnesses whom I intend to call before the Court; and, in fact, I shall tell you that the matter first' became known to the police in consequence of a note being sent by the prisoner himself to the Inspector of the Hongkew Police Station, requesting the police to come down. Here it is, and it runs as follows. "To the Officer in charge of the Hongkew Police. Kindly send two policemen down to Dow's Wharf, as I am in danger of my life through accidlent.—Gronox Foxp." Inspector Stripling will tell you that prisoner told him he had engaged some coolies to do some work during the day, that he had paid them cash, but that they were not satisfied, that he went indoors to get a gun to shoofa crane, and that jing out be was attacked by the Chinese that thinking they wanted to take his watch from him by force, he raised his gun to protect his head from a blow, and*that the gun then went off. And police constable Wright, who was the first Foreign policeman on the spot, will likewise tell yon that prisoner asked him to feel his head where he found some lumps, that he asked him to take him to the station, that on the way prisoner told him that he got the gun to shoot a crane, and that he had fired one charge when he was struck on the head, and that in holding the gun up to defend himself the other charge went off and killed the deceased. These statements refer particularly to the manner in which prisoner accounted for the accident to two witnesses; but I shall also call before you a witness named Ellis, who lives in a house not far from that lately occupied by prisoner, and who will tell you that the accused went to him that evening about 7.15, and in a state of much excitement told him'he bad shot a Chinaman, and that he was afraid of the Chinamen, Mr. Roztysox.—I wish to correct this. The words the witness said prisoner used were, "I have shot a Chinaman, and am afraid he is dead."
Mr. Rensre—Then this is a misprint. This, however, is the effect of the evidence which will be given you with regard to the declarations. There will be medical evidence which will show unquestionably that the cause of death was a wound from a gun, the charge being small shot which had entered the brain. Having these facts before you, I fear you cannot have the slightest doubt that the deceased was killed by shot which were fired from out of the prisoner's gun, bj the prisoner, That fect being established, it is unquestionably a case of what is in law called homicide, You cannot entertain any doubt about that. Homicide is presumed by law to be murder until the contrary appears, and therefore gentlemen,, having these facts before you, you can scarcely entertain a doubt of this being a case of homicide. Of what grade, of course it will be for you to consider—whether voluntary or involuntary, justifiable or unjustifiable. In order to reduce the crime to something much less than murder, it will be incumbent upon the prisoner gr his counsel to produce sufficient proof to that effect, to your satisfaction. In the exercise of my duty here, I shall simply prove to you the facts of the case by the evidence forthcoming—by the statements of these coolies, Chinamen, on whom although we cannot inflict any penalty or punishment for committing perjary,—Mr Rosissox.—I wish to object to your definition of homicide. 1 say that homicide is not murder.
Mr. Rexwre.—I will refer to that point more particularly presently,—bub again referring to the Chinese witnesses, I was about to remark that, while they are tot sworn in any way, while they cannot be punished for perjury'in any form, yet I submit that this case does not entirely rest on their evidence. The declarations by the risener, the medical evidence, the finding of the gun and the tol in the house immediately after th thi mbmit, is amply ssu prima facie case, even without the Chi nese witnesses. But when you have heard the: witnesses' stories,—how they all agree in the facts, it would be difficult to doubt them, and if in their cros—examination, which I have no Soci willbessrars, Uiey make their statements: in the same manner as they have hitherto done, I shall ask you to Lelieve them, 'The prisoner, as you are all aware, is indicted for wilful murder, but I may tell' you that if, in the course of the case, and before you give your verdict, it appears to you that prisoner killed deceased under circumstances which did not amount to murder, then it will be perfectly incumbent upon you to find him guilty of a lesser ori Mr. Rennie then proceeded to quote at length the definitions of murder and homicide as laid down in ' Archbold's Practice," page 623, comprising three clauses on justifiable homicide, two on justifiable manslaughter, and others on homicide excusable, justifiable, voluntary and involuntary. Mr. Rennie then proceeded to call evidence.
The Rey. W. Muirhead, was sworn to act as interpreter, and in consequence of his addressing the witness Sung-yang-chieh, who was first placed in the box, 3 Mr. Rowixsox asked the purport of his remarks.
Rev. Mr. Murrmmap—I told him he must speak nothing but the truth, and if he did not there would be Judgment from heaven upon him, and hie told me he would reply to all the questions that mizht be put to him most willingly and that he would answer everything truly.
Mr. Ronixsox—Would you ask him if he believes in any divine power who will punish him if he does not tell the truth?
Rev. Mr. Murrmeap—According to all the Chinese statements they believe in Heaven and Earth as the supreme power. They have no idea of anything like personalty, but this witness believes that, if he docs or says anything that is incorrect, he will be punished in the course of nature by heaven or earth, which two he combines together as one power.
Mr. Rovaxsox—Does he recognise anything or any supreme object which he can invoke, or in which he believes?
Rev. Mr. Mureneap.—According to the Chinese belief, he believes only in heaven and. earth and the idols that he worships in the temples, and that there is a communication between heaven on the one hand and the idols on the other, and that the, latter are witnesses of all he has said and done.
Text read from the printed page and cleaned; old type leaves the occasional error.