IN THE MATTER of an order dated the 12th day of December, 1898, served upon Messrs. Mounsey & Brutton, of Nos. 51,53 & 55 Queen's Road Central, Victoria, in the Colony of Hongkong, by the Consular Court for the United States of America at Canton in the Empire of China and signed by H. R. Williams, U. S. Vice Consul in charge Acting Judicially and John Goodnow, Consul General
and
IN THE MATTER of the Prosecution of Richard Toulmin for murder.
1. On or about the 9th day of July 1898, I, George Kingston Hall Brutton a member of the firm of Messrs. Monnsey & Brutton, Solicitors, of Nos. 51, 53 & 55 Queen's Road Central, Hongkong, was informed by Cheng Kam Chuen a Chinese subject that one Cheng Lei San a Chinese subject and brother of the said Cheng Kam Chuen had been shot and murdered on board the American Steamship "Dosing," near Wuchau, in the province of Kwong Tung, in the Empire of China, in the Jurisdiction of the U. S. Consular Court at Canton aforesaid, by Richard Toulmin the Captain of the said American Steamship "Dosing," and I was instructed to go to Canton and ascertain from Edward Bedloe the then Consul for the United States of America at Canton whether the said Richard Toulmin was in custody pending the trial for murder.
2. Accordingly on or about the 12th day of July 1898 I went to Canton and saw the said Edward Bedloe at the U. S. Consulate there, and he informed me that the accused Richard Toulmin was in his custody, but that no charge had been preferred against him in writing, and that unless a formal complaint was filed in his Consulate within 3 days from the said 12th day of July 1898, the accused Richard Toulmin was entitled to be released from custody, for, as he said, the accused is entitled to see the charge preferred against him and in the absence of any charge in writing he can demand his release.
3. In consequence of this I returned to Hongkong and after seeing the said Cheng Kam Chuen he instructed me to prefer an information against the accused the said Richard Toulmin, and on the 14th day of July 1898 an information was filed in the United States Consular Court at Canton by the said Cheng Kam Chuen in the words and figures following, that is to say :-
In the Consular Court of the United States of America at Canton in the Empire of China.
I, Cheng Kam Chuen, of Victoria in the Colony of Hongkong a subject of the Emperor of China, do hereby charge Richard Toulmin that on the 7th day of July A.D. 1898 be the said Richard Toulmin feloniously wilfully and of his malice aforethought did kill and murder one Cheng Lei San.
Interpreted to the said Cheng Kam Chuen
in the Chinese language by T. C. Chung
and then signed and sworn to by him this 14th day of July, 1898,
C. Kam Chuen.
Before me
(Sd.)
E. BEDLOE,
Consul for the United States of America at Canton in the Empire of China.
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