and ammunition; but it has not been loaded for six months.
Mit Wotton saked witness if he had been drinking after he left the Court that day.
Witness replied, Only a glass of draught beer,
Mr Welton: Are you generally a cool tempered man?
No. 5049.-SRPTEMBER 12, 1879.]
next, they had a fowl house set up and next to that was a Chinese water-olosst exactly opposite the bitting-room of his client's house. The defendants apposted to have done everything that they know or thought would annoy him with regard to this piece of land, and there had been a great deal of sore feeling in regard to this offair. It might be that when Witness: I could not be a very cool-tem- Allen saw his client removing those pered man when I am struck with a plece hoops he thought he was intending to get of wood like that, (poluting to stick alleged rld of them, but really he never had any to have been used by Mr Allen). I am such intention. He was really doing and rather cool-tempered otherwise. Mm Kyle Intending to do no damage whatever. He told me I was a bad man; I don't know what might only state further that when the Ice for, or what was her reason for saying so, Hanze was first started the people belong-I might have hit something when I swung ing to it and Mr Keller wero on very my arm round, I do not know for certain friendly terms, were very good friends in- and cannot account for the bruises sustained deed; and the only reason for the ill-feeling by Mr Allen; we were hitting one another. that had apparently led to this row was the quarrel Mr Keller had with Mr Bain last year. There was something said in one of the summonses about dogs. It properly and strictly speaking did not come into this case, but as the witnesses would tell his Worship
Bdr Wotton: If it is not part of this case it will be better to take it in its proper order.
The Magistrata Bat it has to do with the assault.
Mr Wotton: Yes, a great deal to do with the assault, bat Mr Dennys is now going into his defence to the other ebarge, that respecting ble keeping ferocious and dangerous dogs unmuzzled
Mr Dennys went on to explain that the dogs came upon the scene when they heard or saw the fighting, but, so far as he knew, they hurt no one, and certainly he did not set them on.
Mr Wotton said he would be quite pre- pared to show that the dogs "set on" with out any inducement in any way. They were fierce feroolous dogs who would attack without being not on,
His Worship: Have the dogs bitten anybody else before?
Mr Wotton: Oh, yea; I shall be able to show that.
Mr Wolton: Were you not very angry when you left the Police Court that day because you did not get a summons out against Mr Kyle 1
|
THE CHINA MAIL.
day of the row. He was then at the Ico Mr Allen was looking frightened, and was House, between three and four o'clook, in | soratőbed. I did not observe his having a the compound. He could not see the bluck eye at the time. Mr Allen showed Distillery premises from where he was me a mark and spoke about having been standing. He saw Mr Keller, near the bitten by a dog. Chinese quarters, remori..;, something. He threw the hoops on the ground very roughly; some broken pipes were lying on the ground. Witness Baw Mr. Allen welk towards Mr Keller, and followed him. Me Allan spoke first.
Cross-oxamined by Mr Dennys:-Mr Koller said to me, I picked up the wood there," pointing to a spot, near his own premises. He said on the way to the Station that be received a blow with that from Mr Allon, and shawed me a mark on his Mr Wottou Tell the Court in the best wrist. His lip was scratched. I consider way you can, the words used by Mr Allen. Mr Allen was more punished than Mr
Witness: Mr Allen said, "What are you Keller, because he was looking frighten doing labiting those things?" Mr Kellered and had been looked up in a room. said he "no watches you keep that thing Both man were quite willing to come
to the station. on that wall." Mr Allen said "You no
I heard nothing men can moves that thing that fashion and tioned about a revolver, Mr Keller was break that pipe." I did not understand excited at first, tut became cool when what Mr Keller said after that.
I told him that no arrest had been made, and that he could give all his explanations to the Inspector when he got to the Sitation, When before the Inspector, Mr Keller said he wished to get a summons against Mr Allen for having struck him with the piece of wood.
By Mr Wotton Both Mr Allen and Mr Keller spoke in an ordinary tons of voice. Me Allen safd,--“If you had wished the things removed I would have told my coolies to have done it."
Mr Wotton: Were the two men quar-
Witness answered: I loft the Court quite pleased. I was there that day to prosecute two Chinamen for Indecent bathing, and never asked for a summons against Mrralling? Kylo. I only asked His Worship, for advice as to what I should do about the privy.
By Mr Wotton:-Mrs Kyle would be about twenty-five feet from where we were standing,
By Mr Dennys:-I cannot say exactly how Mr Allon, or how I myself got marked; but I suppose it must have been in the scrimmage. When charged by Mr Bain last year for assault, I denied striking him, and was bound over for six months for using bad language. We were both in chairs when the assault was alleged to have been committed. When I spoke about my revolver I had no intention of uning it; the revolver is in my chest of drawers and has not been loaded for six months. The hair produced in Court, I combed out of my beard after I went apstairs; I cannot say how much Mr Allen had in his hands.
Mr Wotton suggested that it would per. haps be botter to take with this case the case of Allen v. Keller. It was concerning precisely the same squabble.
Mr Dennys objected, as Mr Wotton had refused to the request he made.
The Magistrate said he thought it would be best to oloas the one case,
Witness: Words passed between the two which I did not understand. Mr Keller then struck Mr Allen on the face. I am positive Mr Kellor was the first to strike. Mr Allen waved up his haud to defend himself; they struck each other. Mr Keller knocked Mr Allen down, put his knee on his cheat and struck him on the chest when they were on the ground, not on his faco; the first blow he struck was on the face, Witness, with another mat, caught Mir Keller by the army and dragged him off Mr Allen, who was lying on the ground. Mr Keller struck witness on the nose, but he (witress) cannot say if it were done in
Witness was tentionally, or otherwise, afraid Mr Keller was going to kill Me Alleu while they were on the ground, so he ran Witness did not sno to the police station.
Mr Allen get up as he had gone for the police. When he returned with the police, Mr. Allen was inside the Chinese quarters and Mr. Keller was knoking at the door. The large piece of wood produced was lying on the ground in front of the door, and is not the piece Mr Keller was using when witness saw him. Mr Koller as soon as he saw the sergeant and three constables arrive, walked
away.
Witness bas known Mr Kellor for
Re-examined :-I went again to the Ice house about half-past nice that evening, kúowing both of the men to be at large. There was no further disturbance.
This finished the first case. Mr Dennys asked his Worship to give judgment in it now.
His Worship said he would, if Mr Wotton did not object,
Mr Dennys submitted his friend, had no right to object.
His Worship said he would not decide this case now if Mr. Wotton told him he would have a fuller view of the facts by hearing the other cases now, before giving his decision,
Mr Dennys said his friend was simply trying to get the oath and evidence of the defendant in, which was very improper.
His Worship sald the defendant Fad as | much right to have his statement on oath considered as the plaintiff. He had the beat right to be plaintiff in fuet; he came bere first. He would adhere to his original intention, to hear all before deciding any.
ALLEN V. KELLER ASSAULT, &c. In this case the following evidence was then heard
George Allen I am engineer in charge of I have been there for the Ice Works. twenty-three months. During that time I
and the policemen must get away to their duties or rest. He could not proceed further in the cass to-day. Mr Donays told him the prisoner desired the caso to be finished now, and no doubt so did other parties, but he could not neglect the other work await- ing him. He would increase the surety.
Mr Dennys said there was no occasion; his client had never intended since the fight to do anybody any harm.
but it must have been in warding off the blow. I look upon Mr Keller down there as a nuisance. He wants the closet to be removed and so on. He is always disagreeable in everything about the place. I was not very angry, not so angry that I do not remember what was said or done. The dogs came up when I was on the ground. The Chinamen were there when the dogs were there. I was bitten by one of the dogs. I should say two of them are twelve months old; Mr Walton: I am very glad to hear it. the other is quite a big dog; he might. His Worship Those who are most in- be 8 or 10 months old. I cannot say terested say there is ample reason for dread that I did not tear Mr Keller's coat. Iof his injuring them. At all events evidence bad an instinct that I was being very had shown that he is a man of a most severely punished, and believed that that violent disposition. man wanted to murder me. Had it not, been for the Chinese, I believe he would have done it. I saw murder in his oyes if there was in any man's, As sure as I am standing in this box he wanted to murder me. He would have killed me had it not been for the Chinese. I know some thing of him before, you know.
Mr Dennys said there was evidence he had a fight; most people were more or less violent when they were in a fight; but now his client was quite cool
Mr Wotton The Police Court has generally a cooling effect on these who have been using language or weapons to hart others; but very often that coolness does Re-examined:-I saw him strike Mr Bain not remain. Ha assured his Worship on the leg with an iron bar, If in diameter. that the statements made by Mrs Kylo Mr Bain walked with a crutch for a week, and by Mr Allen were made in por- I saw his log, which was badly bruised. Ifectly good faith to the Court. They antici have several wounds on my head. I wentated the most serious results if this man to Dr Young
Keller was not kapt from them, or if they wore not allowed the fullest protection of the law. Me Wotton desired this case dealt with now on its own merita.
I
Margaret Kyle:-I am the wife of John Kyle and reside at the Ico Worka, East Point. I remember the 10th inst. About a quarter to four I heard loud talking and looked out of my room window, and saw Mr Allen and Mr Keller, standing a yard and a half apart, and about 30 feet from me. Mr Keller had his face, Mr. Allen his back to- wards me. I saw nothing in Mr Kaller's hand nor in Mr Allen's hand. Mr Aller said, "You must not come and destroy the proporty I am entrusted with." Mr Koller said, "Who are you, what are you. You are no Engineer. I know what you are," and something else I cannot remember. Mr Allen said, "You will not bluster me as you did Mr Bain." Then Mr. Keller atruck Mr Allen in the face, or jaw. Keller then rushed on Allen, knocking him down and falling on the top of him, kicking him and beating him blows with his fists. saw three dogs all round about Mr Allen. I screamed out, "Don't kill Mr Allen." I had good bit to run along the verandah and down the back stairs. When I did get down I found him still on the top of Allen striking him, and two of our coolies trying to pull him off. I ran for the carpenter, who is a powerful man. When I came back
nese quarters and Mr Keller was battering at the door with the heavy piece of wood now produced. This continued for the space of
You go away or I'll do for you." I said, You intend to kill Mr Allen."
He said, "I will not go away and leave Mr Ailen to
Then he threw away the large piece of wood be killed. Although you strike me. I shall and got a small piece of wood and struck at stay here." He kept battering at the door.
ate though the bars.
He called him
le Lordabip refused. He would adhere his original intentio 1, as stated at the beginning after cousulting with the coli- vitors.
Keller was bound over in $500, and the oase adjourned till to-morrow morning..
China.
FOOCHOW.
(Herald, Sept. 4.)
On Friday night and throughout Saturday last a strong gale was experienced at Pagoda Anchorage, communication with the ship- ping being a matter of considerable riek and diffenity. Fortunately, no casualty worth recording took place.
Evidence was then lead as follows William Keller, stated, he is at present soting manager of the Rum Distillery, and lives on the premises; has been in that employ for about ten years. On Wednes day last he was up at the Police Court, and returned home about a quarter past two. Me Wotton laying the case before the Court About four o'clock, he set about making a for the defendants said the defendants in survey of the premises with a view to gett- this case were virtually the complainanta in violent temper. tis never stuck witness have known Mr Keller by sight as being the coolies had got Mr Allen into the Chi- forerunner of better things, as well as the ing a nuisance removed which he had the others la which Mr Keller was the de- spoken of to his Worship that day. He fendant. There was a road between the Ice removed two iron hoops which were lesn-house promises and the Distillery premises ing against his wall, as they were in his That road belonged to Messra Kyle and through the soliciter; he did not take out the 10th I went to my office on the ground ten minutes. I said, "Ob, you wicked man. :change in the monsoon, and we may now
way and prevented his measuring; in do- ing so, bo let them fall on some pipen lying there, broaking one or two of them. Mr Allen came on the scene, and had a stick in his hand. He said "You by br, you won't do with me as you did with Mr Bain," When Mr Allen said so, witness asked him why he (Mr Allen) called him names. Mr Allan then aimed a blow st witness' head with a stick, which he warded off, and they wrestled together and fell on the ground, Mr Allen falling under. Mr Allen solized witness by his board, pull- ing some of it out; while on the ground, witness lifted his foot and gave Mr Allen a stroke on the hip.
some time, and has worked with Lim under the same employer. Mr Keller has a very while employed at the Ice House.
Oross-examined by ir Dennys-I have taken out no summons against Mr Kellers the summons at my request.
Mr Wotton: Did you intend to take out a aummons against Mr Keller }
Witness: I did not.
connected with the Rum Distillery, never spoke to him until the 10th inst. About a quarter to four on the afternoon of
floor for the purpose of attending to some coast orders. Iheard a noise as of something being broken and went out and saw Mr Keller shifting some hoops which had pre- Wotton to take out a summons against Mr pipes were also there. I had seen Mr Keller By Mr Dennys-1 did not instruct Mrviously been leaning against the wall. Some Keller; if he has done so he has made a shifting the things very roughly, breaking mistake; it is against my via perhaps some of them, and I asked him why he
I have no desire to take had done so. he has done so.
He answered," I will break everything on this right-of-way. They had no business against my wall." I then replied to him," You have no right to break any- thing that has been placed in my charge. If they are in your way and you wished them removed, why did you not ask me to shift them." Mr Keller then said: Who the are you? what are you? where do you some from and a lot more of the like, all in one
Bain, but the people on the Distillery pro- perty had a right of way to their premises along this road, and nothing more than a right of way. They had no property in tho freehold itself. But that was not the qua tion which his Worship was going to try There were certain things, belonging to Kyle and Bain, on this roadway, properly there. On the 10th inst. Mr Allen was in his office, when he heard some disturbance out a summons against Mr Keller. The outside in this road; as he heard some blow I received was accidental, to the best noise of breakage he went outside, and saw of my belief. Mr Keller breaking some drain pipes, and some hoeping which had been standing up was now lying on the ground. He re- monstrated with him and said he should not do that. If he wanted them removed he should have himself spoken to him or to Mr Kyle and one of them would have made and went after him. Witness thought he was breath. I had nothing in my hand at that
By Mr Dennys :-That afternoon witness was merely standing in the compound of the Ice House, on the other side of the coals, and could only see. along the narrow lane between the coals and the Chinose quarters Witness saw Mr Allen walk down that lane,
frightful names. Then he got a stone and threw it through the bars. He went on in
this way till the Police came, He nearly got an entrance two or three times; then him back. I believe if he had got in he screamed and called to the coolies to pull would have killed Mr Allen. I thought he would strike me and picked up a small piece of wood to defend myself.
Witness voluntarily said: I am in terror
The heavy downfall of rain towards the close of the last and early in the current week brought forth the autumnal snipe, and several bags have been made. One "gunnist's" exploits in particular have been made the theme of some fairly endurable verses by the local poet-whoever that mysterious individual may be whose peri- odioal emergence from obscurity is the sare
harbinger of what is irreverently termed the silly season.
There are evident symptoms of an early
must be borne in mind that September is. begin to look for cooler weather, though it frequently a very hot month at this port,
until the middle of October or even later. and there is no absolute certainty of any
Altogether, the community may be con- appreciable reduction in the temperature
gratulated on having, so far, passed through very healthy and by no meane oppressively hot summer, as compared with what has
a
been experienced at Shanghai and other Northern ports.
His Worship Hare you any mark? Witness: Yes; my face is marked, and my arm was swollen where the stick hit me; it would have split my head if I had the coolies lift them. Mr Keller had no required to move something and went with time. I said,-" It is none of your business long as that man has free access to our pro- Meeting of subscribers and others interested
His Honour: But he said he removed them from his own wall
Mr Dennys: Did Mr Keller have anything in bla hand when struck by Mr Allen?
Witness: No.
7
?
the honorary secretary and treasurer to the We publish on another page the report of Foochow Native Hospital and Dispensary from which it will appear that the medical work in connection with this deserving oharity is about to recommence under the of my life, I cannot stay down there as supervision of Doctor Rennie. At a General
at any moment. I may say be is like a report was unanimously adopted, and it was porty. Now he oan come into our property in the Hospital, held this evening, the madman and not like a human being.
Mr Wotton: You mean like a wild beast more than like a buman being ?
Witness: Yes.
that he is like a madman is what?
Mr Dannye: Your only reason for saying Witness: The wild look that was on his face.
Mr Dennys: Have you ever seen two men
fight before F
ask him who I am or what I am," right to lift anything there; all he was en-Mr Allen. Mr. Allen did not
I told him I did go; it Yas his own idea. titled to do was to walk by that read from to
The net want any of his bluster, and I said, pipes and hoops were leaning against You will not get over me as you got over and to the Teo-house premises.
decided that immediato steps should be the Distillery wall, and Mr Keller was Mr Bain," removing them. Mr Allen did not prevent I said to Mr Keller, You are taking a I was quite close to him then.
taken to carry out the necessary preliminary Mr. Keller meari advantage, to kick up a row knowing
measures. It will be observed "that a sum his removing. the things.
I then received a stopped of his own accord when Mr Allen Mr Kyle to be away."
total of about $1,800 is required to set the Witness heard Mr Keller say he blow straight in the face and felt stunned; went up.
institution in working order, and towards did not want the things left agfost the the blow came so quickly that I could not
this amount the Viceroy, who is said to take wall.
a great interest in the work, has kindly pro guard it off. I felt dazed, but at the same time felt I was being punished and
mised to contribute the handsome sum of Tla. 600. No doubt other Chinese officiale tried to defend myself. We fell together;
will follow His Excellency's liberal example; then I was bitten by a dog. There were
Witness: I don't think I havD.
and it is hoped that the wealthy teamen three doga, belonging to Mr Keller, all largo animals which appear to be savage, around
Cross-examination, continued I have and compradores will some forward with me. I received a bite on the thigh from one.
never geen him in any disturbance before. corresponding generosity. Foreigners, who of the dogs. The wound of the bite has been When I was here, some four years ago, I know have contributed liberally in the past, may cauterized by Dr Young. During the strug- then no reason to complain of him. I did not institution, conducted as it is on broad I had also be looked to for hearty support; but the him to say "good morning" to him, Witness had a revolver, but it swearing, tearing about and behaving in a only saw the wood when I came back with gle I felt that Mr Keller was trying to do attempt to strike him in any way; I simply unsectarian grounds, and devoted entirely me grievous bodily harm, as I felt his knees said I would wait there, even if he struck to the native population, should, we think, By Mr Dennys-I saw no iren bar in bumping on my chest. I took hold of his Mr Allen's hands while he was in the Chinese beard and tried to free myself, as I thought me, till the Policeman came. I say that I become more and more dependent upon quarters: the two men spoke about five I was going to be murdered. Then the believed he would have killed Allen because donations of the native gentry and offiginis. minutes before the fight began; Mr Bain's coolles came and pulled Mr Keller away. I he said,-"Come out and I'll do for you."
He never said," Come out and fight." name was mentioned by Mr Allen. They rushed into the coolie house, and was fol- were fighting about two or three minutes lowed by two Chingmen, We secured the before 1 went for the Police. I only saw door to prevent any one coming in. Mr Mr Keller give Mr Allen & blow on the Keller tried to break open the door and was face. They were both sparring, but I prying, "Come out, you coward, and I'll do Mr Kyla deposed to the road being the his face, as I did not take any notice. hammering against the door at the same right of way to the Distillery people on it. cannot say how Mr Keller got the blow on for you before morning." Some one was property of his firm, who bought it with the
Keller's face when they were speaking
Mr Dennys: Did you not notice Mr time Mr Keller was calling out. He called He was in town during the afternoon, re-
a
of
Mr Dennys: Did Mr Allen pick up the place of wood when going along the lane
Witness: No. I did not see the picos wood when they were on the ground. I the police,
out to his boy to bring his revolver that he Witness: I was rather afraid to look at might "shoot the hound," I heard Mrs him as they were quarrolling. I have never Eyle begging of Mr Keller to go away. been beaten by Mr Keller, and cannot say He was trying to strike me through the Mr Allen did not hit him in the face; they bars with a piece of wood, but failed
When to reach me. were both striking at each other.
He then got a piece of
To the Court:--From first to last. Allen
had nothing in his hand; neither before go- ing in to the house or after.
not warded it off.
Examination resumed:-After witness got up, some coolles arrived and tried to pull him down, He turned round to shake them off and in doing so, may have struck some of them. Mr Allen got up from the Mr Wotton: Well, if they were leaning ground and went into the Chinese quarters against the wall that does not justify what of the Ice Hones; the ocoliea meanwhile followed. Mr Allen said to Mr Keller were standing around. Kim Kyle was something like, You are not going to standing about twenty five feet off where get over me in the same way as you did witness was standing, and had a large over Mr Bain." Upon this Mr Keller stick in her hand, with which she point struck out at bim twice with his doubled ed at witness, using bad language. Wit- fist and knocked him down. Keller then fell neen told Mrs Kyle that she would be on him placing his knee on his chest and still better upstairs_than down here interfer-striking at him. Mr Allen caught Keller ing in a row. When Mr Allen was in the by the head and by so doing no doubt to a house, witness said to him, if he had a very great extent prevented Keller from revolver he would shoot him for pulling his doing him further harm. Mr Keller was beard. has not been loaded for six months. violent manner towards Allen, and threaten Shortly afters ards, a European constable Ing all sorts of things. Some scolles rushed came and took witness to the Station, up and caught Koller by the arms and held where the Inspector said there was a charge him and so prevented him from using preferred against him. Witness afterwards bis arms further to assault Mr Allen. applied at the Magis racy for a summons. When his arms were thus held he began Witness never spoke to ir Allen before kicking Mr Allen as hard as he could, Wednesday last, and did not understand Allen eventually got away and got into what he meant by his words when he sort of coolie quar ers which were near. referred to not getting over him as he had Twe coolles who were there rushed in with got over Mr Bain unless it referred to his him and aastated him in keeping the door, once having to'd Mr Bain three times, to and preventing Mr Keller from gaining an remove out of his way, when as he refused, entrance. Mr Keller had taken up the large he struck him on the leg with a crowbar, piece of wood which he had produced in
turning home at 7 p.m. He saw Keller in which only caused a mere scratch. Since court (4 five or six feet bar, some 4in, or
the evening when the Sergeant was there, Mr Kyle's return, witness has not spoken bio. square) and tried to break open the
He said "Look here, my man. I have done. to him. Witness was employed for al door with it. At the same time Mr Koller
for you twice before, and I'll do it again and months at the Ice house by Mr Bain and was using the meat foul and disgusting
that before long." These are not the exact got 850 a month; at that time, he was very language that could possibly come out of a
words, but the meaning was he had done good friends with the proprietor of the les masa mouth. He used vilo names towards Mr Allen and myself went up the lane be brick or some other hard substance and some harm to the firm twice and intended hou o Witness told Me Sharp to get the the defendant and threats, notua ly threat. came from the house; he was not on the threw it through the window. It did to do more. I have known him some. time; drain question and the question of right of ing to shoot him. As he stated in his own top floor. Mr Allan's office is on the not hit me. He kept on trying to break way mottled. Nothing has been done in evidence, he said that if he had a revolver he ground floor. I was called to order the open the door and using filthy language to the matter; witness cannot say who has would shoot him. He had a revolver and coolies to remove the ice boxes. I followed Mira Kyle, who said, "Go away, you bad the best right to the lane in queation; the ammunition in the house, and, it would Mr Allen up the lane of my own accord, man, and leave Mr Allen alone." It was Chinees closet is a great nuias ce and that be prov 1, called ont to his boy, and then called some coolies to remove the only when the police came that he stopped was his only reason for taking out a sum- "Go and bring my revolver, and I will boxen. It was not to prevent Mr Keller hammering away at the door. About half
shoot him." Luckily the boy did not go to from removing the things that I took the past nine that night the constable came Cross-examined by Mr Wotton:-Witness the house for the revolver, or, as he would coolion. It was when the two men were down, and I showed him a door which led
Cross-examination-I have personally no has lived two years on the premises, and be able to show by the condition the man disputing that the coollee came. Mr Kol from Mr Keller's premises to the Ice House, knowledge of any acts of violence on Keller's was bound over to keep the peace about was in, some far more serious damage er hit Mr Allen two or three times. The and said I was afraid of being attacked in part. We use this ground over which they the 3rd January of this year for six months would have been caused to Mr Allen first blow was warded off by Mr Allen; the the night. Mr Keller was at the window and have a right of way, for placing any boxes for using threatening language to Mr Luckily for Mr Keller himself the people second struck him in the chest, under the said, I've made you smell twice before and or such like, which we can remove at a Bain. The time has not long expired. I there prevented him from continuing the eye. The mark shewn by Mr Allen was I'll do it again." This was in presence few moinents' notice. We dry gunny-bags was always good friends with Mr Bala foul and cowardly assault he had com
not made by that blow, but by the kick. of the Police. I had no wood in my hand there; they give out no offensive smell. before I was charged with assaulting him,menced. Not being able to get in he struck
[Mr Wotton suggests that the witness is at all, and did not strike Mr Keller with The closet has been there for a long time, (The obarge was put in; no evidence had at bir Allen through the bars of the window being confused by the interpreter, and anything, unless in guarding off the blows. long before Mr Keller was there. It is not been taken, it showed merely that defendant but did not reach him. The whole of this asked him to put the questions singly to Nor did I direct any blow, with the inten- on the right of way. It is behind our
the witness.] was kogud over to keep the peace for six time Mrs Kyle was a witness of what occur
tion of hitting him. The dogs are in the works; we would not have it on front. It months.) Witness said he had some words red, the saw the commencement of the dis Continued: Mr Alien was struck on the habit of barking at coolies and eattle and may be in front of his sitting room; it must with Mr Bain before the alleged assault turbanos from her own window. When she right eye with Mr Keller's fist; the blow have bitten me. They were not generally be in front of something. I understood him
Mr Wotton: How many pipes did you saw it was becoming so serious she went on the left check was done by the kick.
muzzled; they were loose that day. The in his threatening about doing for us to break?
downstairs and spoke to Mr Koller,
To the Court-I saw no plece of wood or language used by Mr Keller towards Mrs refer to two previous occasions when he Witness: Two, I believe, Mr Allen went remonstrating with him, but she had no any other weapon in the men's hands during Kyle was very indecent. I am now in assaulted Mr Bain with a crow-bar and Into the Chinese quarters after he got up; such piece of wood as the complainant had the whole of the fight.
dread of my life after the threats Mr Keller another occasion when he threatened him I tried to get inj
sworn to. She used no ench expressions P. C. 4, Charles Bond, stated: On the has used against me. When Mr Keller was with a knife, causing him to go about in as he had indicated; ako only said,——“Why 10th instant, I was called to the Ice House telling Mrs Kyle to go away he said, "You dread of his life. Bain had no witnesses to do you conduct yourself in this way, you by last witness who came to the station and go sway out of this, or I'll do for you too." this threat. He wrote me all about it. I bad men, an
expression one might said there was a murder. He saw MrI have warned Mr Kyle that if I cannot get was absent at the time. When he made naturally expect. The principal witness of Keller with a piece of wood in h's hand any better protection down at the Ioo House, this threat I said to the Sergeant, "Do you the affair, therefore, Mrs Kyls, he could standing in the compound outside the I will be unable to carry out my engage-hear that?" He said, "You need have no not call, Neither could the defendant of Chinese quarters, He was shaking the ment.
MONI.
In
Me Wotton: Did yon, try hard to get
Witnem: Not very hard.
Mr Wotton: Did you not try as hard as you possibly could?
Witness: Not a bit of it; I shoved the door with my band, and also with the small piece of wood produced in Court.
"Mr Wotton's "Did you not hit Mr Allen with that plece of wood!
Witness No, certainly not.e
* Mr Wotton. Are you a man who often
says what he does not mean?
he was once in our employ. He is a very violent man. When he is in a passion he has absolutely no control over himself. 1 am complainant in another charge against him. He has four dogs. Mr Allen has been in our employ two years; he is a quiet, penos-
able man.
Quotations. Hoxekoa, September 12, 1879. OPIUM,New Paina, cash....$535.
Old"
cash,... Now Benauer, crab, 5171 Old
cash, New Malwa, credit, 720 Allowance Tsels,
17
"
J
"
Old Malwa, credit, 780 Allowance Taels,
Bank, Wire,...
11
13
Exchange.
Demand, ...
21
... 3/71
3/8
30 days' sight, 4 months' sight, ... 3,8 Credits, 4
-8/8 Documentary, 4 months' sight, 3/8/ India, Wire,...
demand,... Shanghat, demand,
***
30 days' aight, Gold Leaf, 991 fine... Sovereigns,...
Shares.
***
ALO
920 721
5.39
Hongkong Bank, 52 % ptem. Union Ins, Society of Canton, $1,300 China Traders' Ins. Co., $1,350- North China Ins. Co., Tls. 1,250. Yangtaze Ina, Assos,, Tia. 710 Chinese Insurance Co., $800 H.K. Fire Ins. Co., $775 China Fire Ins. Co., 3190 H.K. & W. Dock Co., 18 % prom. H.K. C. & M. S.-boat Co., $13 prem. Shanghai Steam Navigation, TL. 11 Chins Coast St. Nav. Co., Tls. 93 Hongkong Gas Co., $70 Apr 201 Hongkong Hotel Do., $65 Obins Sugar Refining Co., 68% prem, Chiness Imperial Loan of 1874, nominal.
Do
of 1877, do Temperature.
Queen's Road} HONGKONG, September 12, 1879.
fear, you can go to bed and sleep." I said, (Taken af Messrs Falconer & Co.'s Premiats,
BLEOMETER
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29.012
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Do THERMOMETER-DA,M...
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29.872
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78
course be examined in this care. Bat Mr wood and said,-"Come out, come out, you Cross-examined by Mr Dennys-I heard | “Well if I do I shall go to bed with a loaded Wong Apun, who was employed in the Ice English"-using strong term. When Mr him threatening to knock Mr Bain's brains revolver under my pillow." He threatened House he would call, and he would tell the Keller saw me be walked away. I follow ont, I spoke quietly with him until also to knock down the premises, both ends. Court what he saw. He had no doubted, and when within about a yard of him, he asked who I was and where I came I did not understand him to refer to a wall His Worship would come to the conclusion, | said, --** Drop that wood at onse." I had from. I was then a little angry and spoke which Mr Jack had spoken about removing. when he had heard the avidence, that no to give that order four or five times before to him in that way. I told him it was none The European Constable No. 4, recalled, assault had been committed by Mrs Kyle or it was complied with. Mr Keller said, of his business. I believed he knew me went through the whole events of the after-- by Mr Allen. He did not think he would I'll explain it to you," to which I reperiestly well as I have been there some noon as he had already given them. With mention anything about the dogs till theplied,Never mind explaining; put the two years. I swear I had not, neither at the regard to the threat in the evening he said ald when you threatened to shoot Mr other case camS OL
wood down." Mr Keller was very excited beginning nor afterwards, a piece of wood the threat Kellar used was, "I have fixed Allies: No, not in that oase; I never
The following evidence was then heard:- and said,-- "All right, all right" and in my hand. The first time I saw that you twice before, and I'll fix you off again. Wong Apun stated he was a head work, gave me the wood, which I passed over piece of wood was when he struck at me It was intended that more evidence shonlä falended to carry it out-In reply to Mir man at the Ios House; he knows the com- to a lukong. We then saw Me Allen, and through the bare. I may have struck at be called now, but the Magistrate said he -Walton, vitame said : I have ■ revolver pisinani Me Keller, and remembers the | Mr Keller said,--" That's him, that's film," him hard enough to give him a black eye; I had all the prisonera in the dook to deal with Do. Mlaka more night fa
*Witness: I always speak the truth.
~ Mr Wotton : Then you meant what you
1
Do Do 4.1.76 Do. Maximum 18