February 25, 1897.
fic, and the line from thence not, we imagine, even under most favourable conditions, be in run- order for years to come, while the ex- tensión southward to Canton must remain a bject far into the next century unless some
CHINA OVERLAND TRADE REPORT.
MR. LOWDER AND MISS JAVOB. to
Mr. SOIDMOR
attaching to Miss JACOB. Having s that he had arrived at the decisión withdraw the charge in consequence withdrawal of his evidence by one.
If Mr. LOWDER's preferring a charge of formally, and withou murder against Miss JACOB appeared extra-Not only that, but Mr. Lowd ordinary the manner in which ne has with-words-might even be taken to drawn the charge is still more so.
desire to leave a stigma When ually radical and unexpected change in the charge was made in the first instance system of Government takes place. A the mystery of an intricate murder case was Shanghai contemporary publishes a
being unravelled. Mr. LOWDER, who was despatch from
Hankow acting as counsel for the person subsequently ucing that the Imperial Railway proved to be the murderess, set up the de- i which has undertaken the construc- fence, which was practically abandoned Hankow-Luchekao section has before the close of the trial, that the crime over the Tientsin, Shanhai-kwap, fence, though unusual, is not unprecedented, had been committed by another. The de lines from the 1st February and we believe there are cases on record in g granted in an Imperial Decree. amalgamation SHENG, the notorious which it has succeeded, but it is generally tho is Director of the Board, recoguised as a hazardous line to adopt. What ontrol over all the Chinese railways
is unprecedented, however, if we are not Valey arband of all those to be much mistaken, is that counsel setting up ted in the northern half of the such a defence should go out of his way to He will therefore, it is added, be lay an information in his own name against party on whom he seeks to throw the tion to raise the required capital by
dating lines as part security for guilt. His business is to secure the acquittal tion of the trunk railway to his client, if he can, and leave the law to But though SHENG is undoubted-be set in motion by the responsible officers his ability has hitherto been most
as regards any other parties who may be picuously manifested in the notable supposed to be implicated. Mr. LOWDER, hich he has managed to line his however, lodged an information “ as a mem- "ber of the community," to use his own own pockets, and we doubt very strongly
CO
iner
the
with
and the failure of another under examination, thus leaving him statements of two Japanese maid-servants only, who turned out to be cousins, and who were in the pay of Mrs. Carew, to establish a point which he considered of vital import- ance to the success of the prosecution, namely, that the relations that had existed between the accused and the deceased were of ANNIE LUKE, he added. By the such as to make it probable that she knew "weakening of that link the chain of evi- "dence connecting the accused with the
charge became so attenuated that I deter- "mined to proceed no farther with it." Attenuated indeed! The term necessarily means that the evidence, though too thin strong enough to carry suspicion. It was for strict legal proof, still exists and is
Mr. LOWDER's duty as a man of honour to have withdrawn the charge wholly
whether his connection with much less words, against Miss JACOB, Had he not and unreservedly. He might have made
his direction of the Chinese railways will in any measure tend to impart confi- dence in those from whom the necessary funds are sought. Thers can hardly be a doubt that a railway system developed direction of Chinese officials must either be wretchedly constructed or built at a most ruinous cost. Under SHENG'S auspices the chances are that
under
the
work
will spread over half a lifetime. The Chinese people will certainly decline to subscribe to the work, if officials like SHENG are to have the handling of the money, for they know perfectly well that they will never see any return for their money, under those circumstances.
CAREW we may take it for granted been engaged in the defence of Mrs. that he would not have felt called upon interfere in the matter, and that it was hisiprofessional connection with the case that stirred his interest as a member of the community" to such an extent as to induce him to make a formal charge against Miss JACOB In the discussion that ensued on his application for the withdrawal of the charge he repudiated the sugges tion that the charge when made was tion must of course be accepted unreservedly false to his knowledge. That repudia in so far as it means that Mr. LOWDER at the time was not convinced in his own mind that there was no possibility of Miss JACOB
Է: -
The only hope for the Chinese railways | being proved guilty, but on the other hand apology for what he deemed a right and is that the Imperial Government may he had no evidence in support of the charge in the course of years grow tired of the delays and the expense, or that the that could have satisfied any impartial man desirability of having a system of rail as reasonable and probable; he acted, ap- indeed as a much more serious matter than parently, merely on a theory that he was of another party accused. That he believed endeavouring to elaborate for the defence in his theory as a theory there is no occasion to doubt, but a theory is a very different thing from proof and in itself affords no
his reasons for bringing the charge" in the first instance, but in withdrawing it what explanation he thought. fit as to
he was morally called upon to declare that he now recognised it to be entirely un- founded, not merely that the evidence in support of it was attenuated. Further, any man of right feeling would, we think, have his mistake had caused. The Japan Gazette expressed regret for the suffering and injury suggests that in view of rumours which of
LOWDER felt that it would be wise late have been freely circulated of a possible action for damages by Miss JACOB Mr. not to go beyond the mere withdrawal and to avoid anything which savoured of an proper act. Our contemporary says that even then it was bad policy, an opinion in© which we entirely concur. We regard it
a question of policy, for Mr. LoWDBE has placed himself in the wrong on one of the most elementary principles of ethics. It may be that while observing caution in open court Mr.LOWDER Exchequer; they have now confided the
reparation to the victim of his mistal ek we elaboration of a postal system to foreign
• management; and they may possibly, after of Mr. LOWDER's conduct, and setting down his neglect to make the fullest possible -
hope it may be so; but nothing can excuse some bitter experiences, decide to hand over his action in bringing the charge against retractation of the charge father par Heels the construction and working of their rail- way system to foreigners. It is quite pos- sible that the expedition with which the Russo-Chinese line through Manchuria will be constructed as compared with SHENG's work may prove an object lesson for the slow moving mandarins at Peking, and rouse them from their customary lethargy. It will, however, require some shock to wake up the torpid inmates of the Tsungli Yamen.
ways may be brought home to them by some great disaster, and that they will then entrust the work to foreign capitalists. They have entrusted the col- lection of the maritime customs to foreigners
exce
with the most signal benefit to the Imperial justification for such a serious step. as the some scheme in his own mind for ma
The Spanish Minister in Peking, having.
the Chi
Government to issue strict
the private. exportation and other warlike imples the Viceroys for the been ordered by an prohibit the to the coast
ally to Manila. got away at destined for ng for some noth China
bringing of a criminal charge.
Taking, however, the most favourable view
Miss JACOB as simply an unfortunate mis- take, what is to be said of his attitude to wards the unfortunate victim of his mistake when he was compelled to withdraw the charge against her? If the charge was not false to his knowledge at the time it was his knowledge during the trial of Mrs. preferred it had certainly become false to CAREW. The verdict against the latter was founded on the strongest possible evidence, a cirimstantial nature, but eyen if it be assumed for the sake of argument that it was Jeongous there could still be no possible
and for entertaining the shadow of a picion that Miss JACOB was responsible for the death of the late Mr CAREW Either murder was committed by Mrs CAREW, as has been proved to the satisfaction of a jury, or it was a case of death through misadven ture or suicide. The charge against Miss JACOB was therefore false to Mr. Lowder's knowledge at the time he was compelled to withdraw it. It was withdrawn, however
possible moment.
There is a good deal against Miss JACOB, LOWDER's share in themgah adverse comment. To quot Gazette: The Orde "that where the urgenc ""requires' a warrant r
executed on
ff.
k
“any such
JACOF, on
commit Butc “arregled z “ignominy of a nigh been spared her consideration Mrs.
particular CAREW'S
rate not at
were Miss (JA0OB's effect?