The Archive · 1873

Before R. A. Mowar, Esq

R. v, Cnarzes Davis and W. Brewzr — Desertion

Prisoners were charged with deserting from the ili ship Perracca.

Davis said he deserted at Yokobams, and {ere to Shanghai as a stowaway in the barque to Nagasaki in the brig Georgina, and from Record. He was an apprentice on board the Perracea and deserted because he was ill-used. He could not complain to the Consul as he id not get leave to go on shore.

Brewer said he deserted because he got jobs todo after the rest of the crew were discharged from the vessel.

His Worship said Davis could at any rate have complained to the Consul when he ran away. As it vas, he had placed himself in the wrong. He would remand them till Monday.

Sinortly afterwards however, Davis was again put in the dock. While in waiting outside, he had been recognised by Capt. Agnew' of the Antipodes, who had come to report a deserter, as the person missing.

Mr. Tarr now said the lad_was not away on the Record, but had shipped in the Antipodes at Nagasaki under the name of William Harris.

His Wonsmre.

Is this true?

His Worsum.—Then why did you tell a Me before a it Captain Agnew said. he' bad put the lad.on risoxen.—To get away lo.

the articles at Nagasaki as an A. B. and given him an advance of $9. He had deserted on Thursday night, in Shanghai.

His Worsure said he would deal with the case of desertion from the Antipodes, and in the absence of any evidence as to prisoner's real name, he would be described by the name he had articled under.

In answer to the Court, Captain Agnew said prisoner had 9 months to serve. The ship would probably be here 3 weeks yet. Since the ship left Nagasaki, he had heard that prisoner was deserter from the American man-of-war Hartford.

As prisoner persisted in expressing a determination to desert again, instead of staying by his ship if he were permitted to go on board now, his Worship sent him to gaol for 4 weeks, but tobe put on board if the ship sailed sooner, Defendant was arrested on a warrant as follows cnsoall bure chs Gout fr tine he od wera aes of Shanghai, has ¢hia day been of September last, feloniously, wilfully and of his mali Morethought, did kil and mirder one Chow-ch'inrehin, Against the peace of our Laily the Queen, her crown and Mr. Ressre appeared for the prosecution.

Mr. Roptssox, who appeared for the defence, said he had only within the last few minutes heard of the charge, and of the issue of the warrant for the arrest of the accused in the ordinary course. Was he to understand that evidence was to be taken on the charge now?

His Worsnir—Yes, if there is any.

Mr. Ronrxsox said he would like to be present, but other engagements prevented it, if the case proceeded at once, His Worsmir—I cannot help that, I must Mr. Roprssox.—There must be a warrant for the arrest of the person acoused, and a Would it not be well therefore. to. postpone time fixed for the appearance of witnesses,

the hearing of the charge?

His Wonsuir—I have no evidence on which to remand the acoused, Mr. Ronrxsox—But he is not arrested yet, His Worsurr, to Inspector Stripling—Have you not arrested him Mr, STRIPLING said he had done s0, Mr. Ronxsos—It must have been within five minutes since.

His Wonsutir remarked that the warrant had only just been issued. It was intended to arrest the accused in the ordinary way, wherever he might be found, and the officer arrested him in the preciuels of the Court as he appeared there.

Mr. Rontxsox then requested that accused should meantime be admitted to bail, His Wonsutr wished first to hear something of the evidence supporting the charge, Mr. Rosixsow said so far as he knew there was none. Her Majesty's Consul laid the charge, but told him the witnesses had not been sent forward by the native magistrate, His Wonsurr—Is there no evidence Inspector StamLixc—There is Mr. Ford's cook.

Mr, Foro—He is my witness, Mr, Roprxsox—He is a witness on behalf of defendant.

Mr, Srairiixo—I asked Mr. Ford to allow him to come here.

Mr. Ronrxsoy said there was no objection to anybody coming, but he did not see avy necessity for departing from the usual course of appointing a time for the accused to be brought up and the witnesses to appear.

His Woxsittr—Does Mr. Medhurst wish to call the. man as a witness?

Inspector Sreir1ix¢ said he had been asked by Mr. Medhurst to bring any witnesses he could.

His Worsuir said he would adjourn the case to meet Mr. Robinson's engagement; by that time the oter witnesses might arrive.

Two Chinese witnesses having been sent forward by the City Authorities, the Court resumed at 5 p.m. H. M. Consul Mr. Medhurst, and the Mixed Court Magistrate Chen, occupied seats on the bench.

'Yang Heding interpreted, and his rendering of the witness' answers was carefully checked and occasionally supplemented by Mr. Medhurst.

A coolie named Sux¢-vaNo-cureu was first placed in the box, and duly cautioned to speak the truth.

Mr. Romixsos said it seemed to him desirable that the charge should be read over and. explained to the witness.

is Worship believed the witness know perfectly what he was called there for, and considered it unnecessary to read the charge to him, Wirsess, examined by Mr. Rewxte, for the vution stated—I am a coolie," I was in the Maloo—known as the Yangtsepoo Road, and was hired along with others cly the accused. This was about 7 in the morning, We went at 8 o'clock to remove some oid materials from the old place, to the new place—where the man was killed, known as Dow's godowns. I don't know whether that is where defendant lives or not. There were in all six coolies, I don't know the

Text read from the printed page and cleaned; old type leaves the occasional error.

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