The Archive · 1892

IN THE COURT OF THE UNITED STATES CONSULATE-GENERAL, KANAGAWA, JAPAN.

William B, Herbert on oath complains me J. H. Hether ton, 'a citizen of the! United States, did"on the 13th day of February, in the year 1892, in the city of Yokohama, Japan, then and there feloniously, wilfully, anid of his malice nforethought, make un assault upon the body of pes. ge Gower Rubinson, and that the said J. H, Hetherington, a certain, firearm then and there charged with gunpowder and Jeaden bullets, then and there feloniously, wilfully, and of his malice aforethought did discharge and_ shoot off to, aguinst, and upon the said George Gower Robinson, and that the said J. H. Hetherington with the leaden bullets aforesaid, out of the firearm aforesaid, then and there by the force of the gunpowder aforesaid, by the said J, H: Hetherington discharged und shot off, as aforesaid, then and there feloniously, wilfully and of his malice afurethought, did strike, penetrate, and wound the said George Gower Robinson in and upon the body of said George Gower Robinson, giving to the said George Gower Robinson then and there with leaden bullets aforesaid, so as aforesaid discharged and shot off dut of the firearm aforesaid, by the said J, H. Hetheri gon in and upon the body of the said George Gower Robinson one mortal wound, of which suid mortal wound the said George Gower Robinson from the said 13th day, of February, in tle year aforesaid, until the J4th day' of the same month of February, in the your aforesaid, in the city aforesaid, did languish and Janguishing did live, on which said 14th day of February, in the our aforesaid, the said George Gower Robinson in the city aforesaid, of the wound aforesaid died. Wherefore afiaut charyes that the said J. H. Hetherington did, in the manner, time, and place, and by the means aforesaid, feloniously, wilfully, and of his malice aforethought, kill and murder the said George Gower Robin-on against the peace and dignity of the people of the United States Wuutam B, Hersert, In the Court of the United States Consulate-General, Kanagawa, Japa Sworn to and subscribed before me thi tint I have resemble grounds for be. 17th day of February, 1892, and I certify

Tieving that the contents of the foregoing complaint are true.

W. D. Titorsox, United States Cunsul-General, at Kanagawa, Japan.

To this indictment the uccused's counsel demurred on.the following grounds 1.—This Court has no jurisdiction over n of the accused named in said over the offences charged in eaid complaint.

3.—More than one offence is charged in 4.—Said complaint is so ambiguous and uncertain that a person of common understand cannot understand what offences are charged by said complaint, with particulars of time, place, and person.

The demurrer was overruled.; Counsel then made the following motion on the part of the accused 1,—The accused moves that the charge against him be dismissed and the complaint and set aside on the ground that the ofence with all proceedings thereunder be quashed

charged therein is not an offence against the United States of America or the peace and dignity of the people of said country; but the same is an offence against the laws of the Empire of Japan, if against the laws of any country, upon the facts as alleged.

This was overruled, and counsel then made & second motion, as follows:

2.—The accused excepts to the regularity of the proceedings herein and moves that -he be not required now to go to trial on the ground that he has not-been furnished at least two days before this time with a list of the witnesses for the prosecution together with a-statement of the place of abode of each of the said witnesses This was'also overruled, and the accused, on being asked to answer the Court, answered "Not Guilty," and the trial proceeded Mr. opened his' defence' of Heat. Hetherington at Yokohama the Sist ult. as fullows:—I desire, with the permission of the Court, to mine some motions upon the evidence which has been brought forward and produced by the prosection. I will read them Tt appearing from the evidence adduced by the prosecution that there were other persons present at the transaction alleged by the complaint therein, and such persons not having been called as witnesses, the accused moves that all witnesses present at said-transaction should be called for the prosecution, and an opportunity given for cross-examining them before the accused is put upon his defence. 2 His Honour—With regard to your first motion, what is the reason for' its being presented by the defence 'Mr. Tison—I pray that the Court call upon the prosecution to call two further witnesses, not Mr. Pots, but the jinricsha men who it has been' stated were wit= nesses of the occurrence.

His Houour—Who were those jinricsha men?

Mr. Tison—I think the burden of producing them lays not with the defence, but the prosecution.

His Honour—The defence may subpana them. Your motion is overruled, Mr. Litchfield—The jinricslix. men can be called at once if Counsel for the defence so wishes, Mr. Tison—In the opinion of the prose-caution, then, they were apparently not wanted. With the Court's permission, I will read my second motion:—

The accused move that he be not now requir. ed to stand upon his defence, and that all evidence herein so far as the same has been given by Japanese and Italian witnesses through interpreters, be stricken out and dis regarded, on the ground that said interpreters were not and neither of them was duly sworn in the cause, and all such evidence is there: fore inadmissible and should be excluded, His Honour—The motion is overruled, Mr. Tison—Accused respectfully ex-copts. I will read my third motion, with your peru That accused moves that he be now acquitted and discharged and allowed to go hence without stay on the ground that 10 offence has been proved against him, His Honour—That motion is overruled.

Mr. Tison-—The accused excepts. This is my fourth metic The accused moves that he be now discharged and acquitted from und of the charge laid against him on the ground that the prosecution have not proved the offence alleged in the complaint herein to have been committed by the accused.

His Honour—That also is overruled.

Mr. Tison—Accused respectfully excepts. I do not think there has been any question of animus, or motive, or intent.

Mr. Tison then made a most eloquent speech, which Insted-—with an interval for tiftin—from 10.20 a.m, to 3.10 p.

The March number of the ish North Borneo Herald and Monthly Record "pens with an article deriving much hopefulness for North Borneo from the Singapore export returns for 1891. There is not much in the General Notes, but in the Echoes of the Month there is an amusing recount from the Asian by a native correspondent of an accident at the Sialkot Sky Races "There was an accident occured in the second race. In the second race four horses started, but by half the way, a boree fell down with his rider and another fell down att distairce' from' the point. The latter horse: injured sitch a hurt that there's no hope of his life. As scow as the horse was crossing a ditch the mud wall opposite, the' ditch struck his belly -and. fell doran: in the ditch quite senseless, but it is matter of deep satisfaction' that the life of rider has been saved, but he has sustained slight hurt in his body. The officer whvise horse has become such has come from Quetta for the race, and although he has vou tivo fact But there is tio prospect of his making for the lund sucaincd by-me heres soon as he fell down frdir his "horse game officers hastened to: the sput and: finding him safe come up with satisfaction."

From the Oficial Gazette for Marchi we Jearn that the total receipts of the "Land Office in 1891 were $25,643,52, of which, however, only $2,326:37 were received from Land Sales." The vestimeted receipts for the year were $136,600 altogether; and $88,000 from Land Sales." We note that 8.015 Chinese and other Asiatic. people, of whom 7,396 were unales and 619 females, arrived at Sandakan in 1891, The following notes are from the London and China Express of 26th February We believe there is absolutely no truth in the report given by a London financial paper that at the first favourable opportunity the Chinese Government will be in the London market as a borrower. 'The statement goes'on that neither the amount nor the terms of the proposed loa have, however, ben arranged," which is quite correct, for no loan at' all has been arranged. The Chinese are not.in want of niowey at the present time, Possibly edie enquiry for a local or provincial lown has given rise to the report, though we are not cognisant_ of any special requirement this way for the near future, The reply given in the House' of Commons to the question of Admiral Field to the late outrage at Fatahan does not vance any further material fact on the subject. Whether the foreigner was right or not in having an establishment at Fatshan we cannot: say at. this: moment but there juno doubt thatthe method the Chinese adopted to eject him was quite contrary to the Treaty. Die notice should have been given to the British Consul and result had then been attained, the' Chinese might under some circumstances, have resorted to the steps they took in the committe we shall be anxious to. see first place. A distinct outrage has. been what justification the Peking authorities will find for the action of the Canton Viceroy.

The market for China Tea is not so strong, but the prospects are no worse; in fact, at the low prices, chances are in favour of 4 large spring shipping demand. In reference to next season's business the position is becoming clearer, for it seems to be unreservedly admitted that importing must be carried' on very differently, A. general improvement. in quality' may also be looked for, and that would undoubtedly go a rear way Lo reinstate'the China article to public favour, The great weight of inferior Indian and' Ceylon Tea just now offering on the market is prejudicinlly affecting values, and it is a question whee ther such leaf would not be more advan: rageously prepared as brick ten, There is a largely increasing trade opening up rid Yientsin in the north and: north-west of Asin, Ceylon could spire 15,000,000 20,000,000 Ibs. of its increasing production." to the benefit of all concerned.

The Japanese are having a pleasant visit at Manila, it appears, for the Straits Times says in its news thence:—Two Japanese linen-of-war have arrived at that port where they have aroused interest great enough to result in numerous visits. The Japanese treated their visitors with every courtesy, Several members of the Municipality who weir on board were honoured wich a salute, of music, the: crew presenting arise amid the strains'

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

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