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REGINA v. LOGAN.
lives. Witness pointed out the situation of the prisoner's house on the plan.] I have often seen the prisoner before, he constantly came to my shop to buy provisions. I remember the 12th August; I do not remember seeing him the night before that day. I saw him on the morning of the 12th, between seven and eight. He came to our shop with another man named Johnson, also belonging to the Customs. One of the men held a fire-arm; that man was Logan. They came in and asked for a bottle of German beer to drink. I said to the prisoner "There are so many people afraid of you that I am afraid of your coming in." My shop people ran away inside the house when he came. When I refused him the beer he said he was thirsty and must drink; he did nothing. I provided the beer and they drank it. I do not remember the way the men were dressed. They appeared about the same as usual.
Mr. Francis—Have you any recollection of anyone buying five or six bottles of beer the night before in your shop?
Witness—I was not there. It was between seven and eight on the morning of the 12th when the prisoner came to my house. When he left he went back towards the bridge.
Dr. John Frederick Wales said—I am a doctor of medicine and medical attendant to the British Consul and the Imperial Customs. I remember the 12th August and receiving a request that morning from Mr. Rocher, who was then Acting Commissioner of Customs. In consequence of that request I crossed over to Honam. I went first to a house, I think belonging to Mr. Matsen, where there was a Chinese woman. I was shown her left shoulder, which was wounded on the upper part. It seemed that something had passed through the left deltoid membrane. There were two apertures to the wound, one anterior and one posterior. I concluded from the appearance of the two apertures that the woman had been struck by a bullet in front which had passed out behind.
The Crown Advocate—Could it have struck the body in the other direction?
Witness—I can only give an opinion; I think it was from the front to the back. The question of the direction of the wound was not very prominent with me at that time. Afterwards I heard she was at the hospital, but when I went there she was gone. When I made the first examination I intended to see her again. The prisoner's house was pointed out to me that morning. When I left the house in which I saw the woman I went across the bridge towards the east. At the cross-street I saw first a man who was lying close to the wall of a house, a few paces along the cross-street towards the river, I was unable to examine him very accurately owing to the great crowd of people about. He was wounded on the lower part of the back, of the left side. I spoke to Mr. Ewer, who was with me, to try to have him removed to the hospital, and I expected to see him again, but I did not do so. I saw a wound on the left side, but I did not see two, as I was only shown the man and was not allowed to touch him, so I saw nothing to show that a bullet had entered one side and passed through, but I saw nothing inconsistent with that statement. I was after this taken to see a boy lying still nearer to the river. He was dead. I thought he was about ten years old or so. I formed an opinion then from the appearance of the boy that he had been dead some hours. I saw him about ten o'clock; I was shown a large wound situated in the abdomen. The wound had penetrated the skin, and it was situated about an inch below the ensiform cartilage, and below the lower part of the breast bone, and an inch to the right side. I cannot form any opinion as to how it was caused, and I cannot say more than that it penetrated the skin; it appeared to be a lacerated wound; it would probably have been caused by some blunt object driven with great force and rapidity such as shot from a gun. I saw the wounded woman on the day of the examination before the Consul.
Witness—I was not there.
Cross-examined by Mr. Wise—Did you see any other wound on the boy?
Witness—No, I only saw one wound.
The Crown Advocate—Had you an opportunity of examining the body?
Witness—No, I could only look at it.
A juryman—How were you prevented?
Witness—There was no actual opposition, but there was a large and a very excited crowd; and I did not feel particularly safe.
The Crown Advocate—I propose now, my Lord, to examine the prisoner Johnson.
Johnson was then brought in. He said—My name is Mathew Johnson; I belong to Finland and am a Russian subject. Early in August last I was in the Customs service in Canton; I am not in that service now. I remember where I was on the afternoon and evening of the 11th August. I was on board the steamer Kiang Ping on Customs duty, with the prisoner, Neilsen, Mr. Jergensen, and Mr. Van Koken. It was twelve o'clock at night when I came ashore from the Kiang Ping, Mr. Jorgensen left before, and the prisoner, Neilson, Van Koken and myself landed together at the Custom House. We landed there and signed off duty at 12.15. We then crossed over to the Honam side and went to Hing Kee's. The prisoner and Neilsen were with me at Hing Kee's; no one else. We drank a glass bottle of German beer in the shop, and we told the compradore to send five more bottles to Neilson's house. We drank nothing more than the one bottle of beer at Hing Kee's. Neilsen and myself went to Neilsen's house. The prisoner went into his own house on the way and joined us at Neilson's house about three quarters of an hour afterwards, and we all three played cards. We remained in Neilsen's house till about half-past six on the morning of the 12th playing cards all the time. Hing Kee sent the beer that had been ordered, and we drank it. There was no other liquor in the house that I saw. We left Mr. Neilsen's house at half-past six intending to go to Mr. Logan's. The houses are correctly marked on the plan (Witness marked on the plan the course which was taken on leaving Neilson's house). We went past my house and down into the main street, Mr. Neilsen being in front of us, a good way ahead of me and the prisoner, who were walking side by side. When we got to the corner marked E, we saw Neilsen struggling with some Chinese, and Mr. Logan and I walked past him. I passed the remark to Mr. Logan, "Look at that foolish man (meaning Neilsen) struggling with Chinese."
Mr. Francis—When you left the house how were you dressed?
Witness—I had on blue clothes, and I think Mr. Neilsen had blue clothes also, and Logan I think had white trousers and a yellow silk coat.
Had you anything in your hands?—No.
Was Neilsen carrying anything in his hands?—No.
Or the prisoner?—No.
After throwing the stone what did you do?—I stopped there near the bridge, and the Chinese came out again from the alleyway and began to throw stones again. Then I saw Mr. Logan pass me coming from his house towards the bridge. He then had one revolver in his hand. He went on the bridge and I saw him fire the revolver; he fired once towards the east. When he fired the Chinese were to the east of the bridge. Had they come back to the bridge after running away from you?—No.
What happened next?—A crowd of Chinese began to gather up and heave stones at us. We were then very close to Mr. Logan's house. Did you notice which of the two revolvers you had seen before, the prisoner had in his hand—The black one; when he fired it I could see he held it pretty high, as if to go over the heads of the people.
In what state were you at this time?—I cannot say I was sober then. It was not because of what I drank, as I had only drunk beer, but I had had nothing to eat all day, and had been at work since eight till twelve o'clock.
What state was Neilsen in?—About the same as myself.
And the prisoner?—He was about the same. I cannot say he was drunk. I have no recollection of seeing a number of Chinese sitting by the wall opposite his house. We were opposite the prisoner's house when the Chinese began throwing bricks and stones. Mr. Logan passed the remark, "They are going to mob us," then I saw a crowd of Chinese outside throwing stones at us. The crowd was on both sides of the house, and the stones came from east and west. I then saw Mr. Logan from behind me come out with two revolvers in his hands. One revolver was white-handled, and one a bull dog, like those produced. I did not notice where he got these revolvers. I did not notice whether the door or window of his house was open. When I saw him with these revolvers I shouted to him, as far as I can remember, not to use fire-arms. As far as I can remember he said he was only going to frighten them; nothing else was said, and then a stone came and struck my foot; I had the mark for some time. I picked up the stone and ran towards the crowd, to the east, towards the bridge. I sung out to the crowd, and I threw the stone after them to make them go away; it did not hit anyone. I called out in Chinese "hi-lo, hi-lo." The crowd ran away across the bridge, and into an alleyway there, running out from the street at right angles near the bridge.
Mr. Francis—When you ran towards the Chinese with the stone in your hand, was there any resistance, or did they run away at once?—They ran away at once, and I ran after them nearly to the bridge. When I picked up the stone I did not see what Neilsen and the prisoner did.
After the prisoner answered you what did he do next?—He walked over the bridge eastward, and he said to me, "Come on." At that time he had the revolver in his hand. I said to him—"If you put that revolver away I will walk with you." He...
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