Shanghai, 16th September. Before F. 8. A. Bourne, Esq., Acting Chief Justice. v. Brrmey.
Charles Bithrey, cook of the s.v. Dunfermline, was indicted for the attempted murder of Edwin Poole, mate of the said vessel, whilst lying in the harbour of Shanghai on the 30th of August last, and further with wounding, with intent to commit grievous bodily harm.
The Jury was sworn as follows, Mr. R. W. Shaw, Mr. W. J. ok, Mr. E. H. Casey, Mr. A. Wright, and Mr. C. Mayne. Mr. J. Mousa and Mr. H. E. Hall were called but challenged.
Mr. H. P. Wilkinson, Crown Advocate, defended. 5 prosecuted and Mr. T.' Morgan Phillips Mr. Wilkinson in opening the case said—May it please your Lordship, and gentlemen of the jury. The crime with which the prisoner stands charged isa serious one. In the indictment it is divided into two counts, one of which is known as an attempt to murder and the other is for wounding with intent to do grievous bodily harm, and it is for you to say whether the prisoner has offences. this case the evidence I will been poy either or neither of these call will prove that on the 30th of August the sailing ship the Dunfermline was lying in Shanghai harbour. There were no officers on board except the mate who is the wounded man, named Poole, and the boatswain who will give evidence.
The worl: on that day seems to have been umping the vessel, she having made water in the recent gale. The evidence I shall call will be—as regards what happened that day—the boatswain and all the sailors who were there. The prisoner is the cook of the vessel and he also was on board that day. Iwill give evidence of bad feeling on that day between the cook and the wounded man Poole and of an altercation which took place about three o'clock on that day which resulted in the wounded man offering to settle any matter in dispute with the accused by fighting him. The accused did not do so but went back to his galley. There are certain statements which he made not only on that day but heretofore, and I will ask you to say that the accused intended to murder, or in the alternative to do grievous bodily harm to the wounded man. The evidence will consist of statements he has made to members of the crew amounting to this that someone or other would be done for or injured and a statement by the prisoner himself that he was a man of violence and that he had no objection to resort to violent measures to settle his differences.
Mr. Phillips—I don't see that on the depositions.
Mr. Wilkinson—That is the statement of one of the witnesses.
Mr. Phillips—But it is not evidence.
The Acting Chief Justice—I think you had better leave that out, Mr. Wilkinson.
Mr. Phillips—I most certainly think so.
Mr. Wilkinson—Very well then, it is unnecessary for the prosecution really. But on that day I say there was an altercation between the cook and the wounded man—about three o'clock. At or about five o'clock there is evidence that the cook went aft to the cabins at the after part part of the vessel where the mate's room was, and we have evidence that at that time the mate was lying down in one of the rooms in the after part of the vessel, and I will put in a plan of the vessel to show you its position. The cook is seen going into this room by two members of the crew and he is seen to come out again. No one else is seen to go in after the cook and the next thing we hear is that the boatswain goes down to the mate's room in order to see what the time was, when the mate seriously wounded falls into his arms when the door is opened. Then we have evidence that in that room is found a cleaver such as a cook would use and bloodstains on the floor and then we have medical evidence as to the state in which the wounded man was. The wounds which will be described in evidence are not those of a slight nature or the result of a souffle and it is for you to consider the nature of the wounds because upon them to a certain extent depends the question of intention as to whet the man who wounded the mate intended was to be the result of his acts. The cleaver or axe is a weapon calculated to give a serious blow and in the hands of one skilled in its use or even unskilled is a deadly weapon. There were three parallel wounds on the left side of the upper bone of the skull, the skull being composed of two layers of bones the wounds going in a slanting direction and from the fact that there were three parallel wounds. quite close to each other and in the same region I will ask you to form the opinion that the attack was both repeated and determined. There was another blow in the region of the ear which would unless attended to have in itself resulted in death from hemorrhage. Besides that there was a brutal blow whereby part of the wounded man's left hand—the index finger, was entirely severed. That you will also bear in mind in regard to the nature of the attack and the number of blows that must have been the result of separate acts. We have evidence that the mate when the crew surrounded him on deck stated in the presence of the accused that he, the accused, was the man who did it. Such an accusation made in the presence of the accused man is perfect-
lid not admit the offence. There also is good and proper evidence. The accused evidence given at. the preliminary trial in regard to three sewing women, seamstresses one sees in the streets who mend clothes from door to door, being on board that day. The prosecution have taken every step to find out who they were andgettheirevidence. I think, however, that the other evidence is so clear that their absence is in itself immaterial. But evidence was given that on that day there were three chinese women on board but there was no evidence given in the lower Court of any dispute with these women whatever. Besides the members of the crew who were there I will call the master, John Woodward, who will give evidence as to the state of affairs on deck when he was summoned there by one of the sailors, and will also ask him to show you a map of the deck of the vessel, showing the position where the witnesses say. they wore working and where the wounded man was lying when the assault was committed. There is evidence in the preliminary trial of a certain amount of drinking going on that day but it is unnecessary for me to refer to the fact that drunkenness is no excuse for crime. That is good, gentlemen, unless it amounts to insane ity, but there is no evidence to show that the accused was in such a state as not to be responsible for his actions that day. I will also call the Consular constable who will prove the state in which he found the cabin when he went aboard to arrest the prisoner. There were also the blood-stained clothes of the accused, and these clothes have since been examined by a doctor of which Ihave pra my learned friend notice. At the preliminary trial no evidence was given that Dr. Burge attended the wounded man, but I have given notice to my learned friend of my intention to call him to-day to speak asto the consciousness of the mate when he was surrounded by the sailors; because you see it was at that moment he says that the cook caused the injuries. The wounded man's depositions were taken at the hospital when he says he saw the cook in his cabin. I am glad to say that the wounded man will be able togive evidence. He is s0 much -better. But o: point of consciousness I thought it better that Dr. Burge's evidence should be taken and I have requested him to attend and he has since been subpoenaed. You will therefore have his evidence on the point as to the consciousness of the wounded man at the time that he is alleged to have been attempted to have been murdered by the prisoner. I will now all evidence.
John Woodward, master of the. Dunfermline, was sworn and said:—I was not sboardon August 30th until about half-past five, when I found the mate lying in the pastogeway leading to the "cabin Most of the crew were standing round and the prisoner was on the deck just outside. The plan of the ship produced was prepared by me and is a correct one. The mate was seriously wounded and when carried out on deck sat up and addressing the prisoner said: "Cook, you, You tried to do for me with an axe." He tried to get up to go for" the cook but was held back as the blood was flowing freely. I did not hear the prisoner make any reply. I then sent for medical assistance. A cleaver was found in the mate's room and one of the crew went for it to try and knock the prisoner down.
By Mr. Phillips—Prisoner joined the ship at New York and sailed for Shanghai direct. I was away from the ship from half-past nine to half-past five on the day in question and the same the day before. Several of the crew, including the prisoner, had been ashore and the mate who left on the Saturday stayed away till Monday. I never saw the mate the worse for drink, buri believe hehad been on this occasion. He seemed repentant for being away without leave, but I have no knowledge that he had been drinking; ontheday in question. Tengaged aecoal mate after we came to Shanghai. He came aboard I believe on Monday, the 29th of August, and I heard that the mate turned him away. When I found the mate injure wounds had_not been dressed and I attended to it. I was not excited any more than I am now and as far as I remember, the words I have used were the same that the mate said to the cook. I have not heard of any ill-feeling existing between the prisoner and the mate; I formed no opinion as to whether he way intoxicated. He was very weak and I thought he was dying. The man who wanted get the "axe to cut down the cook was named German, nic! named "Frenchy I did not see thi It is only what I heard. I had really no complaint to make of the prisoner on the voyage, but I had to complain after reaching Shanghai of his going ashore without leave. Also on the Saturday night he came tome on board and said he would "swing for me." The discharges marked "very good" I have not seen. It isnot necessarily a proof of good conduct. Very many men. get good discharges who don't deserve them.
Dr. E.E. Henderson of the Shanghai General Hospital spoke ho belt called to the ship to attend to the mate. He had four dangerous wounds on the left side of the head which he should ssy must have been inflicted with' considerable force. At the time the mate was under the influence of drink. He was removed to the hospital where with the exception of an epileptic fit which he had six days after admission he did very well. The clothing of the cook produced witness examined and found blood stains upon it, and on the back blood and human hair to the best of his knowledge. It was impossible to distinguish the blood of a man from the higher animals unless examined perfectly fresh.
Cross-examined—When he saw the man he was in a dazed condition, and this witness thought was due to the injuries he had received, but he was afterwards told bya nurse that he had vomited a large quantity of alcohol. He: had: seen:
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