would
23 1897.1
in guramary
ad been tried enter
here
He that the the on was dismissed, the evidence not being suficient to commit t
r. Soidi ore—Then, your Honour, I could apply to have a certified copy of such an entry.
His Honour-The entry will be made on the minutes. As I said at a previous siting of the Court, the evidence so far placed before me is not sufficient to commit.
Mr. Soidmore Your Honour will appreciate the fact that the accused will shortly be going home, and the possession of such a document will be invaluable to her:
!
His Honour-Such a certificate could only be ited if the case went to trial and the accused were acquitted.
Mr. Soidmore Quite so, but I think such a certificate could be granted under the circum-
stances.
His Honour-I must say that I cannot agree to grant your application, as it does not fall within the provisions of Rule 228. This is my ruling, on the ground that this rule deals only with summary proceedings. I have not referred to you, Mr. Lowder.
Mr. Lowder-I have nothing to say, His Honour-I thought the point was suffi- ciently clear without reference to you. (To Mr. Saidmore)-Your application that the accused be furnished with a certificate that the charge has been made and that it has been withdrawn is therefore refused.
Mr. Scidmore-My next application is that there should be returned to the accused the box containing correspondence and other papers except such exhibits as were required as exhibits in this case.and in the case Regina v Carew.
Mr. Lowder-I have no objection! His Honour (to Mr. Scidmore)-Your appli- cation then is granted.
Mr. Beidmore And now I apply that the bail bond of the accused may be cancelled.
Mr. Lowder That follows as a matter of
course.
CHINA OVERLAND TRADE REPORT.
And to my mind it has utterly failed. withdrawn by the prosecuting witness formally, and without one word of This young girl has been subjected to mental, and I had almost added physical, torture. Her character has been traduced, à charge of murder brought against her, and anotherallega- tion was made against her that to a virtuous woman must have been worse than a charge of murder itself. Yet the prosecuting witness has stood up here this morning and asked leave to withdraw his charge without one word of regret or remorse.
2
responsible
Mr Soidm His Hono connected with
Mr. Soidmore, His Honour In
opp
a pure accident that the incident. occurred.
119
Mr. Sidmore-It was certainly a most unusual coincidence.
His Honour-An application was me some books to read by a most coincidence that book, along with placed in the cell. It was a am perfectly satisfied as to that.
that
|
His Honour Your application that the pro- secuting witness John Frederic Lowder should be ordered to pay all the costs and expenses incident to this charge I think is governed by
Mr. Scidmore bowed his acknow the finding in the case Regina v. Brearley
His Honour-On your third appli This was a case in which the Hongkong and Shanghai Banking Corporation sued one D. S. the bail bond be cancelled, I have Brearley, and the prosecution failed for want this application be granted⠀⠀⠀ of sufficient evidence, and I made an order that given for the withdrawal of the bond.” The they should pay the defendant the costs of the accused is dismissed from bail, and her bonde
are relieved from the bond With proceedings. This order was appealed against men and a motion filed that it should be discharged. reference to what was said by you in the The evidence adduced, as I said, was not suf- latter part of the application for permission to ficient to warrant a committal. An application withdraw the charge, I will only say that 7 was made that the costs of the defence should am satisfied that the prosecutor at the be paid by the prosecution. The magistrate-made the charge was convinced of the truth of
This decision the charge. That I think I may Lay. that was myself-allowed it.
Mr. Lowder-I am much obliged to your was appealed against and the appeal was heard by the Judge and myself, and the matter was Honour. fully argued. The application of the appellants was granted--that is to say the costs were refused. I am bound by that decision. I must therefore refuse the application.
His Honour-Yes, as a matter of course. Mr. Soidmore-And further that the com- plaining witness be ordered to pay the costs.
His Honour-One moment, please. Mr. Soidmore (after a pause)-I apply that the prosecuting witness, John Frederic Lowder, be ordered to pay to the accused all costs and expenses incident to these proceedings.
His Honour-Under what Rule do you make this application ?
Mr. Beidmore-It appears from the Rule of the Court, Form 55 applies, under the Order in Council.
His Honour-That brings us back again to the heading Summary Proceedings. I think you ought to avoid that if you can.
Mr. Boidmore--I merely use it as a peg to hang my subsequent remarks upon. It appears that in prosecutions under charges of misde- meanour, when such charges are dismissed on the grounds of insufficient evidence, per- sons can recover compensation for costs and the odium that has been unjustly thrown upon them. If that is applicable to cases of mere misdemeanour, with what greater force must it apply to a charge of the character as this now alleged. It appears from the practice in England that provision has been made in such matters under the provisions of the exations Indictments Act of 1859. That law provided for charges of "perjury, subornation perjury, conspiracy, obtaining money or other property by false pretences, keeping a gambling house, keeping a disorderly house, indecent assault." In these cases if the person is acquitted the prosecutor and probably will, be ordered to pay the defendant's costs.” I am reading from rk on "Criminal Procedure," by Disney Gundry, and published in 1895. I have COBRE to later authorities than that, Honour. These authorities do not, I ad mit cover the present case, but they suggest to that the Court has discretion to make which I apply — I presume your advised in the matter. The plication must be apparent Honour's mind. The result of the trial in the Carew case has demon ted beyond doubt that this
brought hastily, inconsiderately and
essly and has
aconsed may
Mr. Lowder-Before we pass away from the subject, may I be allowed to say something with reference to what has fallen from Mr. Scidmore with regard to myself, that is with reference to preferring the charge. He accuses me of having acted hastily, inconsiderately, and heartlessly, and beyond that he made use of the words "false charge." By such a phrase I suppose he means to suggest that I knew at the time that it was an untrue charge. If that were so, he implies malice, and if this charge was laid maliciously then the accused would be entitled to much more than her costs, for she would be entitled to bring an action for malicious prose- cution.
Mr. Scidmore--I have nothing to say to that But there is one matter to part of the case. which I wish to call your Honour's attention. On the second day-I think it was the 12th January—the accused left this Court to go to the jail to remove some of her effects. After she arrived there she found in her cell a paper- covered volume of a book entitled "A Romance of Two Worlds." This was lying on the table in her cell.
The proceedings then terminated. The following was placed in the hands of Miss Jacob the same afternoon :-
"A charge, by a private prosecutor, was laid in H.B.M.'s Court here on the 10th January, 1897, against Mary Esther Jacob of having murdered one Walter Hallowell Carew, at this place.
"A Preliminary Examination in the case was held before me, as Assistant Judge of the Court, on various subsequent dates; and on this 5th day of February application was made by the Prosecutor for permission to withdraw the charge. This permission was granted by the Court, and no imputation whatsoever in con- nection with this matter rests on Mary Esther Jacob.
[Consular Seal] “JAMTS TROUF,
"H.B.M.'s Consul.
"British Consulate, ‘Yokohama, 5th February, 1897.”
AN APOLOGY.
The following letters are published in the Yokohams papers --
13th February, 1897 Madam,-I am this moment, and for the first time, in receipt of proof which is conclusive to my mind that you were not the writer of the A. L. letters; and I now hasten to ask you to accept that apology which I have heretofo been unable conscientiously to offer you for the Mr. Soidmore-It is very necessary that I pain and mental suffering to which yon hay been put in consequence of the charge I con refer to it now; I may not have another oppor-sidered it my duty to prefer against you, and tunity.
which I am now convinced was unfounded.- Miss Mary Esther Jacob, No. 2, Bluff.
His Honour-Has this anything to do with this case P
:
His Honour-Is it not a matter of jail discipline P
Mr. Scidmore-I think it has a bearing on this case, your Honour. Your Honour will remember that this volume, “A Romance of Two Worlds," was used by Mr. Lowder in the course of this case. In that exhibit occurs the phrase "our twin sonls," and it was used in this case to connect the accused with the person who signed her letters A.L.,-the Annie Lake. It was used to show that the accused was familiar with the phrase, and for that The book reason I now allude to the incident. was shown to have been kept on a shelf in the dining-room of Mrs. Carew's house and was accessible to every one in the house. We have now the fact that some one placed a second copy of that book in the cell of the accused. From what I have since ascertained, it is my duty to state that the jailer, Mr. Hodges, was totally unaware of the book have been placed there.
His Honour-I thinks it is a matter concern ing the discipline of the jail.
#
· Mr. Saidmore It is my duty to bring the matter forward.
His Honour As Assistant Judge, sitting in in this oase, I cannot take cognisance of it; b my capacity as Governor of the jail, I may tell you that I have made enquiries into the r and I may inform you that the jailer was not
Very faithfully,
J. F. Lowder, Esq.,
J. F. LOWDER..
Yokohama, 13th February, 1897
Present. Sir, On behalf of my client, Miss Mary Esther Jacob, I have to acknowledge,
1 sm, sir, yours sincerely, thanks, your letter, of this date, addressed to
her
new
GEO HSCIDHORE
We understand that the German Minister Peking has had an int Hart on the subject Post, and the inciden the free and untra man mail between one in China. The upshot of Inspector General of ances that no interferences rega to the German despatched and venient Postal up to the
introduces, follow the
China Gaseti
the new ins