Shanghai, 26th August, Before G. Frexcn, Esq., Chief Justice, R. (Henry Gorvow Waarrox)
Charge of Feloniously wounding, The prisoner, a of India, and one of the crew of the British brig Zmily, was charged with feloniously wounding Henry Gordon Wharton, the second mate of that, vessel on the 3rd inst., at sea, within 100 miles of the coast of China, Mr. Mynurcu, Acting Crown Advocate, appeared for the prosecution, Prisoner pleaded guilty,"
His Lonosuir said that the point as to whether the vessel was within 100 wiles of the const of China at the time the assault took place was most material, and he should therefore direct a plea of "not guilty" to be entered and the prisoner to be placed on hie trial in order to show that the Court had jurisdiction in the matter, The following gentlemen were then empanolled ax a Jury:—Messrs, Charles Hay, F, J, Maitland, W. Buchanan, C, Lyall Grant, and Drummond Hay, Mr. Myzorcn briefly detailed the circum. stances of the case, and then called the witnesses for the prosecution, Haxy Gorpow Waarrox, deposod—I am the second officer on board the British brig Emily, registered at Sydney. 1 the 3rd of this mouth. I was on board ship on that day. I cannot tell the latitude and longitude in which the ship war, She was not within sight of Land. I cannot say when we arrived in sight of laud, I was nut was not allowed to navigate ction of the Court lay in the 1 being within 100 miles of the coast of en the aff wuwed—'The capts about four o'clock in the morning, then, After the vessel was round to haul taut ye expression, when I pushed him on one side, and he struck at me, I struck him again, Prisoner then struck me in the eye, I had nob any quarrel with him that day. Avent a week out from Sydney we had a dispute, which was very light, I reported the iuxtter at the the Captain, When prisoner struck ime, T was partially stunned, but I got round the wheel. I saw him with hie band up-lifted and heard him curse me, I could not ae whether he had anything in his hand, The man at the wheel told mo to look out for myself, and I then felt a blow on the arm, The prisoner struck at me. He stabbed me in the left arm, For about a week the wound interfered withthe motion of the fingers, I have no doubt it was the prisoner who cut me, Ido not know whether he tried to stab me again, That is the shirt (produced) I had on, and L wore a serge coat over it. I'do not remember when the ship reached Shanghai We took a pilot on board a week or tou d By a Juror—The wound wi not healed when we arrived at Shanghai, Mr. Mypurcu said he would produce the log-book to show when the vessel Frawsroas, deposed—I am a sea: man on board tne British brig Emily, 1 remember the 3rd inst. On that day, about 4.15 a.m, we were about 100 miles from th coast of I could not say whether it was inside or outside that distance. We were not within sight of land, We got within sight of land three days after. I could not say what land it was, We should be 18 to 20 miles from laud who not taken any recker were hauling taut the the officer called out ly." The rope was slack and Mr. Wharton had an altercation with "Charles." he prisoner struck the officer two blows in the eye. I wont and two prisoner away; when I let him yo he rushed to windward and drew his knife, I had nothing, and went to get something
Text read from the printed page and cleaned; old type leaves the occasional error.