Shanghai, 22nd November Before D, H. Bamzy, Esq., U.S. Consul-General; and Dr. Yates and Mr. A. Fisnzn, Associates.
The A fray on board the "Gold Hunter."
The complaints against the prisoners were investigated on the 19th inst., and to-day ners were brought up for sentence.
The Count ssid—This case has been very touch simplified by the ples of guilty entered by Wilson and Schultze, as to all the charges preferred against them, and by the plea of Builty on the part of (: reen and Plought as to the second count of inciting and stirring up of; ao that practically there is vary little to be done except to pass sentence on the prisoners, Th Law governing the case is Inid down in the Revised Statutes of th United States, Sections 5,342, 5,346 and 5,359. The 5,342nd. Section says:—Eve person who within any of the places or upi any of the waters described in Section 5,339—(this section gives the juriediction)—attempts to commit the crime of murder or wrighter, by any means not constitute the offence of assault with a dangerous lall be punished by imprisonment, or without hard labour, not more tha three years, and by " fie nob more than $1,000. The 5,346th Section says:—Every jon who upon the high seas, or in any sea, or in any river, haven, 5 or bay, within the Admiralty jurisdiction of the United States, and out of jurisdiction of any particular State, on board any vearei belonging in whole or part to the United State, or any citizen thereof, with a with intent to perpetrate assault, on another, more than' $9,000, and by imprisonment at hard labor not more than three years. Section 5,359 provides:—If anyone of the crew of an American vessel on the or other waters within the Admi maritime jurisdiction of the United States endeavors' to revolt or mutiny on board of or combines, conspires, or con! ites with any other person on board to make euch revolt or mutiny or solicita, incites, or airs up, any other of the crew t" disobey or resist the Inwful orders of the master or other officer of such vessel, or to refuse or neglect their proper duty' hoard thereof, or to betray their proper trust, or asteinbles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master, or other commanding officer thereof, be shall he pu by a five of not more thin $1,000, or by imprisonment not more than 5 yes or by both fine and imprisonment. That the law of the case, and it appears from it that the full extent of the sentence in the case of Wilson would be eleven years' imprisonment Wilson pleads as extenuating circumstances that he was drunk upon this oconsion and did not know what he wi that therefore he should be for what he did. Now, the early I think that he was under th luence of liquor, that he had been drinking considerably; and no doubt this vile stuff, called drink, which is to be obtained about Shanghai for $1.50 a dozen, and for the suppression of which there ought to be some remedy, had a great deal to do with the afray. No doubt Wilson had been drink. ing this sort of liquor and was ver for it n evidence that he n the street before gain, on board, but the testimony clearly shows, think, that when as on board and engaged in the commission of these crimes, that he knew well what he was doing. But there is alto no doubt in our minds that be was greatly excited in consequence of the Tiquor he had been drinking—the liquor stimulated him to do things which otherwise I do not suppose he would have done, because the Capt favourable an orderly man, ther point is that there appears to be none of the ingredients of malice in the case—there does not app een, any deliberate plan formed for this difficulty, it does not seem that there was any part. icular concert of action, no arrangement before muting hole thing arose out of of passion, engendered by jon the pri-opera had on shore wit the police, and by the liquor they had been drinking. Vhey fell into the difficulty cuddenly, and the: question is-How should they be trented? If the evidence bad shown that the row had been planned beforehand by the prisoners, that there hind been concert of action, n kind of conspiracy, it would have much graver offence than it is now,
Wilson should reflect how near he came to grave enough anyhow, and the man stand before this Court on the trial for murder instowi of un attempt to commit manslaughter. Iam not familiar with scientific ions of surgery and anatomy, but Uelieve there is not much doubt that if the ball that was undoubtedly fired by Wi had deflected little or the of! ar pears an inch or or right—it snd would have resulted in io death, 0 that yon, Wilson, barely escaped by half an inch in the direotton of the ball from alanding in this Court charged with murder, for which possibly you might have had to utter on the gallows, It'shows how sach recklessness may bring men into the most positions that occur in life, Wilk criminately hero and there, and he fired not red his pistol about, firing indic.
once or twice but constantly and in particular directions. The evidence clearly slows that fired where it could take effect, and ho fired not only against the police, but at commanding officer, in the direction of cabin who i if such dan; recklessness, but fortunately the evid does not show that there was any premedi tion or malice. Questions might have the case of a very different character to those which have now to be disposed of—very grave questions too—which, under the circumstance it is fortunately not necessary to cent th now. the questions that arisen was, as to whether ti with the permission of the Captain, who is an officer of the peace on his made s0 by the lai it is clear that they were there in the interests of peace and harmony. A riot was going on, a breach of the peace bad been committed in the street, and the police were in search of the offenders, to Procure them and to make them answer for lace, The poli they were there under his orders as a sort of posse comitatus, and in that sense their legal status is not in question now, Under other aspects of the case the Captain's action might have been called in question, but all the evidence shows that he was acting with the
Text read from the printed page and cleaned; old type leaves the occasional error.