18
REGINA v. LOGAN,
the boy was on my left. I only heard one report when I was bit.
Mr. Wise-Have you ever mentioned anything about this child being hit to anyone before?
Witness-No.
A juryman wished to have the position of the congee shop fixed, whether on the north or south of the main street.
Witness-It was on the south point of the street. By His Lordship-I do not know what it was that caused my wound. I only heard the report of a firearm. I did not see it, and the bullet passed through my body. I did not see the bullet; how could I when I became insensible?
Longhlan Alan Byworth said-I am a British subject and at present in the employ of the Imperial Maritime Customs. I remember the morning of Sunday, the 12th August. I was living at Honam at the time. I know the prisoner and where he was living at the time; he was not living near me but some distance away. At about half past seven or a little earlier a communication was made to me, in consequence of which I went to Mr. Logan's house. I went past his house. I was going from west to east. At about Mr. Logan's house there was a crowd of Chinese who were talking loudly. I reached Mr. Logan's house about ten minutes after I left my own. I saw no arms or weapons among the Chinese, but some of them had bamboos. I saw no brick or stone throwing when I passed through. I knocked at the door of Mr. Strom's house, but as he was not at home, from what his servant told me, I went to Mr. Matson's house. When I got inside that house I found Mr. Ström and Mr. Matson attending to a Chinese woman who had a wound on the left side of her shoulder, which might have been caused by either a bullet or knife as far as I could say. I did not see whether it went through from side to side. After seeing this I went to the house of Mr. Lant (which was rather nearer than mine) who is also in the Customs; he is a superior officer in the Customs, and I informed him of the matter and returned with Mr. Lant and Mr. Ewer, also in the Customs. When I got back to Mr. Matson's house I got certain information, and in consequence we went along the street in which Mr. Matson's house is situated, from west to east, over the bridge to the end of the street, where there is a cross street. I saw a Chinaman lying, or rather sitting in a reclining position, against the door of a house. I noticed that he was wounded somewhere about the hip. He was lying in the cross-street to the left of Logan's street, towards the river; he was about twelve or fifteen feet up this street. [Witness pointed out the spot on the plan.] Near the same place I saw the body of a Chinese boy six or seven feet further down the street towards the river. I noticed a lot of blood on the edge and a pool of blood on the ground where the body was lying. I saw nothing to indicate the cause of death. The boy was apparently quite dead at that time. After seeing this I went back along the street to Mr. Logan's house. I went in, and going upstairs I saw Mr. Johnson. Mr. Logan was downstairs when I first went in and shortly afterwards he came upstairs. I remember how he was dressed: he had white pants and a singlet on. Mr. Johnson was dressed in a dark suit; I noticed two revolvers on the table and a sword. The revolvers produced are like those I saw-one with a white handle and the other is a bull-dog revolver. I cannot say whether they are the same. I saw some cartridges on the table also like those in court. Mr. Ewer took the revolvers, cartridges and sword away.
I was present subsequently when the prisoner and Johnson were arrested.
Mr. Francis-Can you say anything about the prisoner's state when he came into the room?
Witness-Yes, he was excited, and I think he had been drinking; but he was perfectly sensible.
Did you hear him make any statement?-Not to me. Mr. Lant asked him what had occurred, and he said he had been attacked by Chinese and had defended himself. Mr. Lant asked him how he was attacked, and he said the Chinese had thrown stones at him and had fired a musket, and that he had returned the fire.
Have you any recollection of any other statement?-None at all.
Have you any recollection of seeing Mr. Neilsen that morning?-No.
Do you remember anything being pointed out to you that morning at Mr. Strom's house?-Yes, a dent in the brickwork. It looked as if it had been made by a stone about the size of a man's fist. We got into the prisoner's house from the front-myself, Mr. Lant, and Mr. Ewer. The door was shut when we got to it. There was a wooden door and a wire door. It was about eight or shortly after that I entered the prisoner's house. I don't remember the time he was arrested, but in the interval I had been across to the British Consulate on Shameen and reported the matter. When Mr. Lant and Mr. Ewer and myself were admitted to the prisoner's house at half past eight that morning, I saw some stones or half bricks, I saw four or five, and they were scattered around. I saw no marks of anything broken or damaged in or about the prisoner's house. I do not remember whether there is a fanlight over his house door. I had been in the prisoner's house once before.
Mr. Wise had no questions to ask. His Lordship-How do you suppose the stones came into the room?
80.
REGINA v. LOGAN.
19
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Witness-I have no idea, they looked as if they had been thrown down anyhow. I supposed they had been thrown in at the door on account of the riot, and that was why I noticed. If they had been thrown in at the door they might have struck the wall and rebounded anywhere. On the wall outside there were marks of whitewashing being knocked off. I cannot say whether the door showed any signs of violence.
Thomas Rassel Lant said-I am a British subject and am boat officer in the Imperial Maritime Customs. I remember Sunday, the 12th August last. Mr. Byworth came to me that morning and made a communication to me. Mr. Ewer was in my house at that time and in consequence of that communication I left my house and went down the street with Mr. Ewer and Mr. Byworth. I know the prisoner; he was an assistant examiner of the Customs, and a British subject, I believe; I have heard him say so. I know the prisoner's house, it is in the main street, the first street next the river running parallel to it. I live on the river frontage, and we turned east into the main street to go to the prisoner's house. I went to Mr. Matson's house, where I saw Mr. Matson and Mr. Ström, a number of Chinese, and a Chinese woman who had a wound through her left shoulder.
After leaving Mr. Matson's house we went along the street over the bridge, and near the cross-street we saw a great crowd of Chinese extending to the cross-street. On turning the corner towards the north I saw the body of a Chinese boy lying in the road, it was covered with blood, and apparently quite dead. I saw nothing else at that time and we all went back to Mr. Logan's house. We rang the bell and were admitted by the boy. I saw Mr. Johnson upstairs, and the prisoner came up directly after. I asked him what had been the trouble outside, or words to that effect. He said he had been attacked by the mob and had defended himself. He also said something about the Chinese firing in connection with the attack by the mob. On the table I saw two revolvers and some loose cartridges; one of the revolvers produced, the white-handled one, was like one of those in the prisoner's house, but the other I do not recognise, it might be like the other or not. The revolvers and cartridges were given to Mr. Ewer to take charge of. Both the revolvers found were loaded in all the chambers I believe. The prisoner seemed excited, and I thought he had been under the influence of liquor, but it might have been excitement, I cannot say he was very excited.
There was no crowd of Chinese at the prisoner's house at this time, but there was at about half past eleven, I saw Neilson that morning later on, about twelve o'clock. He was in bed in his house. I saw the woman at about twelve o'clock and again at two o'clock. On the former occasion I did nothing with regard to her, but at two o'clock I took her to the Hospital.
The Crown Advocate.-Did you notice anything particular about Logan's house that morning?
Witness-I did not. I do not remember whether there was a fanlight, and I did not notice whether any windows had been smashed. I think I should have noticed it if there had been. I did not notice the walls or door either to see if they appeared as if anything had been thrown against them. I have no idea where Neilsen is now. He was in the Customs service, and I have not seen him since I saw him in gaol. I knew a man in the Customs service named Felix Oehl. He is now dead.
Cross-examined by Mr. Wise-I went to see Mr. Neilson that morning to see what state he was in because Mr. Byworth had told me he was mixed up in the trouble. I cannot say the date I saw Neilsen in gaol; it was four or five days afterwards. I know nothing about the death of Oehl excepting from hearsay. I have known the prisoner for about seven months; I am his superior officer. He bears a very good character, and I believe he was a quiet and peaceable man, the last man to create a disturbance.
Re-examined-I saw Mr. Oehl being removed to Hongkong by the Powan to go to the hospital and he has not returned.
By His Lordship-What I have said as to what the prisoner told me is correct to the best of my knowledge.
Frederick Hargrave Ewar was then called, and declined to take an oath on the ground of conscientious objection.
Mr. Wise questioned whether such evidence upon declaration was admissible.
The Crown Advocate said that as Mr. Wise had called attention to the word "oath" in the section he would not argue the point, but would rather dispense with the evidence of the witness, as the case was of such a grave character.
Mr. Wise said he had not called attention to the Act with the intention of objecting to the evidence.
Mr. Francis drew attention to various parts of the Act, and also expressed his willingness to dispense with the evidence if there was any doubt about the admissibility of it upon an affirmation.
Chow Che Kwai said-I am manager in the compradore's shop called the Hing Kee shop near the Yun Tam Temple in Nio Yn Chau district. I know Nam Ngon street; it is two streets away. The Hing Kee shop sells liquor, beer, porter, &c. I have seen the prisoner before and I know the street in which he lived.