3504
THE HONGKONG WEEKLY PRESS AND nowhere to carry it except I had put it in the small pocket. When I got on to the forecastle head some soldiers or sailors went off the forecastle head down below. When the com- pradore told me that the chair belonged to him
I
you
swore and said, “If this chair belongs to then captain Sherman is a liar." I always slept on the deck in this chair, and no one had dis- outed or taking pomes on at The cou pradore repeated that the chair belonged to him. I then turned round to Woods and told him the compradore had been robbing him, adding, Now he is going in for a paltry chair and the next thing he will steal the ship." I was still in the same position and I said to Woods, "Don't talk to the brate, get hold of the end of the chair and carry it away." To hurry him up I shook the chair. Then the com- pradore said, "I no thief; I no liar," and began pulling his sleeves back. As soon as he did this 1 thought there was going to be trouble and I threatened that if he made another move I would shoot him, thongh I had no revolver with me. I had my pipe in my hand and I lifted it up. As soon s I said that Woods said, "None of that; none of that." Then Woods made a rush I should say towards me. Then the compradore rushed round to me and called out "Ta, ta," which I suppose means
#1 Strike, strike Kill, kill." Just then there was a shot but I saw no flash and I could not tell the direction the shot came from. Then Woods called out "I'm shot
[December 17, 1898.
I wrote to Mr. Woods for my salary, but I have received nothing but $30.
At the conclusion of the prisoner's evidence Mr. Goodnow asked-Mr. Brutton, as
torney for the prosecution do you wish to ask this witness any questions P
▼
Mr. Brution-As attorney for the prosecu- tion, who has been conducting the case for the prosecution up till now, I wish to orosa-ex- amine the witness. First, I should like to ask one or two questions as regards the question of costs.
Mr. Goodnow That does not come up just now.
Mr. Brutton-said that as attorney for the prosecution he did not undertake any liability with regard to the expenses of the witnesses.
Mr. Goodnow—Mr. Brutton, I can tell you plainly I am not going to put you out of this trial at this stage, but until this matter is settled you will not be allowed to conduct any
other cases in American consular courts in China.
Mr. Brutton-Your bonour
our has not power except in this court, unless you can show that my conduct has been unbecoming a solicitor. (To the reporters) Please take all this down. I wish all this to be brought before the public.
On getting loose I went to my room and got my revolver with the intention of frightening the boy. I called out to him that if he did not come back and go into his room I would shoot him, but of course. I had no intention of doing anything of the sort. I subsequently told the compradore to let the crew know that if any of them assaulted me again I should use my revolver, as I was only one among 13. At about half-past 11 Mr. Woods came aboard and told me the Prefect wanted him to take some troops over to Tungkan. I told him I must get back to Hongkong on the following Saturday. and I also complained of the conduct of the стен, проп which Mr. Wo
Woods reprimanded the compradore and told him he must obey my orders maskee" whether they were right or wrong. I ultimately agreed to take the vessel to Tungkun, on condition that Mr. Woods ac companied me and that no soldiers except four yamen runners should come aboard, but that they should be towed. I went ashore to send off a tele- gram, and on coming on board again between two and three o'clock I found a lot of soldiers com. ing on board. I complained of this, but Mr. Woods said it would be better than towing them in junks, and at last I gave way when I was told that Mr. Randall was accompanying us and that he would be able to talk Chinese for our side. On the 7th July up to the time the boat started from Wnchow I had bad three drinks. I had eaten nothing all day on account of my boy having cleared out. I ordered the compradore to collect the muskets while I checked them. I collected about 70 and the compradore said there were no more. I said that was nonsense, so I went downstairs and collected 172 myself and looked them up. After the vessel started I had two or three drinks. I refused to have any dinner because I have been poisoned once and I did not wish to be poisoned again by any of the rebellious crew. I, however, had a whisky. I left Mr. Woods and Mr. Randall at dinner, and as it was an exceedingly hot day I went into my room, put on my pyjamas, and went on to the bridge, leaving the revolver in my room. I do not remember how many drinks I had after dinner. There was a bottle of whisky on the bridge belonging to Mr. Woods. I don't think I had more than two drinks after dinner because there was not time. I can say most 1positively that at no time during that day or evening was I under the influence of liquor. I was several times annoyed and worried because went at once to the bridge as I expected other shots came from the hatoh simultaneous
of my orders and those of Mr. Woods not being Lobeyed. Before we started it was understood that there should be no anchoring. I thought that with the country being in a state of rebellion we might be attacked if we an chored. Such things have taken place before. However, they did anchor. After this I asked Mr. Randall to request the captain of the troops to put some men on guard, as we could have easily been attacked, but no notice was taken of his request. Before, we anchored I told Mr. Randall to tell the pilot that if he kept fooling round and he attempted to do anything he would be the first man I should go for. I may have said I would shoot him. For what I knew the men on board may have been rebels. After we had anchored I complained to Mr Woods about the compradore. Mr. Woods spoke to him, but the compradore took no notice. Later on I and Mr. Randall were sitting down and Mr. Woods was sitting ou the rail. Mr. Woods happened to say his seat was rather uncomfortable, and I said, "Well, why don't you get the chair you have been sleeping in ?" I then told the boatswain to fetch the chair. He went away and on his return he said the compradore had it and that he said it belonged to him. I sent him back telling him to ask the compradore to come to me. He went and then the came back with a message that if I wanted to see the compradore I must go and seo him, I was annoyed at this, and Mr. said, "Don't get excited; I'll go and talk do
or
14
or something like that,terday Captain Toulmin was cross-examined an
and then he cleared off. I did not fire that shot As soon as Woods disappeared I saw the com- pradore in front of me. I saw that he had something in his hand-it was too dark to see what it was-and I made a grab at it. I then felt sure that he had a revolver in his band-it was one of those cheap bright ones. We strug- gled together for it might have been a minute, Once I struck him over the jaw and he let one haud go. During the struggle the revolver went off twice, and two came from the scuttle hatch. Judging from the sound they came from a rifle. I will swear to one shot from the hatch, and I think there were two When the last shot came from the revolver the.com- pradore pulled himself away, took a half turn, gave a gasp, and fell flat on his face with a force sufficient to break his neck. I looked round and could not see a living soul on the forecastle head and there was not a sound. I
-
CROSS-EXAMINATION OF THE ACCUSED.
CANTON, 11th December. After he had given his evidence-in-chief yes. considerable length by Mr. Brutton, and in the course of his answers he said-I say it was the first shot which wounded Mr. Woods in the hand. At any rate it was then that out I'm shot." It was when I put up my hand that Mr. Woods made a morement and said,
-
he
called
Now, none of that." I did not notice any flash coming from where the compradore was, and I do not know whether the shot came from the compradore or not. I did not see any flash. After the first shot Mr. Woods cleared out and the next thing I saw was the compradore before me. I saw that he had something in his hand and I grabbed it. The compradore did not hold the revolver out but he had his two hands in front of him. During the struggle which ensued I struck him under the J8W. This was after the first shot. third shots came from the
a revolver we were struggling for, and one-or it may be two
second and
The last-named-sounded as if they came from rifles. When the man fell the revolver was in his hand. I did not take it away. I simply saved myself as quickly as I could. I did not want any more shots from the scuttle hatch. I don't think my clothes were torn during my struggle with the compradore. I sustained no bruises during the scrimmage, but I felt us if 1' had been knocked about. I do not remember telling Mr. Woods and Mr. Randall that the soldiers had attempted to stab me. I may have done so. When in the mess-room with Mr. Randall and Mr Woods Mr. Randall did not request me to go to my room. Mr. Randall did not object to my bringing the rifle on deck. gave the order to heave up the anchor when we had decided to return to Wuchow.
'By
shots coming. Not seeing Mr. Randall or Mr. Woods. I thought they might be over board, and I made a bolt for my room. As pushed my way through the soldiers they tried to stab me with bamboos or something and I pushed one of them down the hatoh. On get ting to my room I looked for my revolver but could not find it; neither could I find Mr Woods's, though the case was there. On hearing voices from the mess-room I went in and found Mr. Randall was wrapping something round Mr. Woods's hand and he asked me to come and assist him, and he said he was afraid the man would bleed to death. When Mr. Woods's band had been bound up Mr. Randall went on deck to look at the compradore. On his returu be said that apparently the man was dead. They had some talk about possible trouble with the soldiers
Goodnow-When I came down from and Mr. Randall said he would go round to the the
y room commander and talk to him. Then I went into pyjamas and took away my watch and chain. I > home to my r I put iny coat over my my room. I found two rifles there they were changed my pyjamas for my ordinary clothes the there before-but the ammunition and also following morning before going on to the other that for my revolver had goue. Afterwardship (the Kong Pak). I did not lock my cabin we all found ourselves up on the bridge, and a when I left it, as the boy had taken the key conversation took place about proceeding or not
away. I never saw it, proceeding. I said I must go back to Wachow and Woods said, "Yes, I must have a doctor. Mr. Randall never said a word about being in charge. I told him to tell the orew to take up the anchor so that we could get back to Wu- chow. When we got to Wnohow I wished to go ashore and report the matter but those on board said I must not go as there might be a up charge of the vessel. I left the vessel at Wachow and went on to the Kum Pak so that I could report the matter to Consul General Wildman at Hongkong. I did not know what was coming, and I have been pussling for the last five months as to who would appear against
1
This concluded the evidence for the defence.
THE QUESTION OF COSTS, —O)NBUL-GENERAL
GOODNOW LECTURES MR, BRUTTON.
CANTON, 12th December.
He then went forward on to the riot. There was no talk at all about my giving | ololook this morning, before Acting Consul
the man forecastle head, and on hearing voices I said I would go and see what was the matter. So went on to the forecastle head and asked what all the trouble was about. I went to the head of the chair. The man may have been sitting down when I got there, but I can't say When I asked what all the trouble was about the com-
pradore,who was on the other side of the chair, I have been robbed of everything I had.
said, “This chair belong mine. I was in my pyjamas but I had no revolver with me, I had
to
face value of what 1 have lost amounted $5,000 and a bond for 10,000 gold dollars.
At the United States Consulate at nine
Williams (assisted by Consul General Goodnow) and Messrs. E. B, Ward, J. J. Lossus, H., K. Shumaker, and J. S. Murray (associates.) the trial of Captain Toulmin for the murder of Cheng Lei San, compradore of the Dosing, was resumed.
2
Mr. Brutton appeared for the prosecution and Mr. Melbourne for the defence.
Mr. Melbourne, on the case being called, said Last Saturday the question came up as to