Accused in this case was charged with the murder of a Chinese coo-bier by throwing him over the side of the U. S. S. Elcano into the Yangtze River, near Hankow, early in September.
Major C. P. Holcomb, U. S. District Attorney, prosecuted, while Mr. Paul M. Linebarger appeared for the defence.
cross-examination, Major Holcomb brought out the fact that' accused believed that it was he or the cobbler going overboard that made him drop the latter into the water.
Mr. Linebarger, in his argument, directed the attention of the Court to the fact that the Chinese was probably alive since the boat was only about 130 feet' away from the Bund wall, distance which could be swum almost anybody. Counsel argued that such a presumption was more evident in view of the fact that the alleged deceased would have every' motive in concealing himself since' his family had succeeded in collecting an indemnity for the alleged drowning. The assault admitted by the accused, said counsel, was really the result of a drunken orgy in which he was the victim of the encouragement of his shipmates to commit the assault by making the bet that he. Clarke, could not throw the Chinese into the water. Counsel then made an eloquent plea for the Court's leniency.
Replying, Major Holcomb declared that if accused pleaded drunkenness it was no excuse for the offence. Clarke, submitted counsel, had admitted that he held the Chinese over the side of the ship in dangerous position.
Judge Lobinger, giving his decision, stated that the murder had not been proved but a deliberate and unprovoked assault had been committed for which Clarke would be found guilty. The Court accepted the assault as proven in spite of the contention that the Chinese had been thrown over-hoard only in sport. Although three months had elapsed since the actual happening. no proof had been presented to show that death had actually taken place. No one had seen the alleged deceased in or muder the water, said his Honour, and in view of the nearness of the place to the shore the presumption that the man actually died was not clear. Accused, therefore, was sentenced to two years' imprisonment in Bilibid Prison, Manila, and a fine of G. $500.
Text read from the printed page and cleaned; old type leaves the occasional error.