4. On the 16th day of July 1898 I attended at the U. S. Consulate at Canton to know whether the U. S. Government had issued subpoenas for the attendance of witnesses on the hearing of the charge, and on being informed that no witnesses had been summoned, an application in writing was made to the said Edward Bedloe as U. S. Consul at Canton that subpoenas be issued to four witnesses to appear and give evidence on the hearing of the charge against the accused Richard Toulmin.
5. At the time of making this application the said Edward Bedloe was absent in Hongkong, and the application was signed before T. C. Chung the Interpreter to and employed in the U. S. Consulate who informed me that no fees were payable on a criminal prosecution, all expenses being defrayed by the United States Gover- ment as it was their duty to prosecute.
6. On the 21st day of July, 1898 the following paragraphs appeared in the issue of the Hongkong Daily Press for that day.
The "Dosing" Tragedy.
The accused committed for trial.
Sworn before me, Edward Bedloe, Consul of the United States at Canton on this 14th day of July 1898, Acting Judicially.
The prisoner heard the indictment, repeated his plea of not guilty, and said he desired time to prepare for his defence and trial.
The Consul fixed the first Tuesday in October as the day for the trial of Richard Toulmin, charged as above.
The prisoner was taken back to the British gaol and locked up.
7. No nolice was given to me or to my said firm or to the Chinese informant that any proceedings as in paragraph 6 hereof mentioned were to be held, and as these proceedings were held without such notice, it was evidently the intention of the United States Consul that the United States Government should prosecute.
8. I heard nothing further of the matter until the 11th day of September 1898 when my firm received a notice in the words and figures following, that is to say:-
Consulate of the United States of America at Canton China.
Canton 20th July.
September 17th, 1898.
To-day the accused Captain Richard Toulmin charged with shooting and killing the Chinese compradore, one Cheng Lei San on board the alleged American steamer "Dosing" of which he (Toulmin) was master while on the West River above Wuchow on the morning of the 7th inst. was brought before the American Consular Court for a further hearing.
Captain Toulmin was arrested at Wuchow and brought to Canton on Sunday the 10th instant, and lodged in the British Consular Gaol here to wait a hearing by the American Consul. The next day, Monday the 11th instant, Toulmin was brought before Consul Bedloe on a warrant issued by the Prefect of Wuchow. A telegram and also a despatch from Commissioner of Customs James Acheson at Wuchow, charging Captain Toulmin with the crime of killing the Compradore of the "Dosing" was read to the accused. The Consul cautioned him to be guarded in his statement, if he desired to make any, and with this admonition asked Toulmin if he was guilty or not guilty. The accused answered and said he was not guilty. The Consul committed him to Gaol for a further hearing on the 19th inst. and pursuant to that order the prisoner was brought to the American Consular Court to-day to be informed that the prosecution requested a postponement of the hearing for one week.
The prisoner said he wished to waive a further hearing and asked to have the time fixed for trial at a day distant sufficient to enable his friends to engage Coun- sel to prepare for his defence.
The request of the prisoner was granted but before committing him to gaol the Connsel directed the Clerk to read the latest indictment of the prisoner in order that he might know who his accuser is and why he is restrained of his liberty. The indictment is by the brother of the deceased and reads as follows:
—
In the Consular Court of the United States of America at Canton China.
"I Cheng Kam Chuen of Victoria in the Colony of Hong Kong a subject of the Emperor of China do hereby charge Richard Toulmin that on the 7th day of July A. D. 1898 he the said Richard Toulmin feloniously wilfully and of his malice aforethought did kill and murder one Cheng Lei San,
(Signed) C. KAM CHUEN.
To
Messrs Mounsey & Brution,
Hongkong.
Whereas Richard Toulmin, an American citizen, charged with wilful murder of Cheng Lei San, which case is set for trial at Canton on the 4th day of October 1898, has applied and petitioned in due form for a change of venue and filed his affidavit in support of his said application and petition in this Consular Court on this 17th day of September 1898.
You are hereby notified that at 10 o'clock a. m. on the 24th. day of September at the United States Consular Court at Canton, will be a hearing of objectious, if there be any, to the granting of his the said application and petition.
In witness whereof I have hereunto set my hand and official Seal this 17th. day of September 1898.
L.S.
(Sd.)
EDWARD BEDLOE,
U. S. Consul, Acting Judicially.
9. In accordance with this notice I appeared at the time and place mentioned and stated objections to the granting of the said application before U. S. Consul General J. Goodnow and Acting Vice Consul H. R. Williams Acting Judicially who at the conclusion of my address requested me to file my objections in Brief for consideration. The hearing of the case was then postponed till the 4th November 1898.
10. After the Court rose mention was made by the Consul General of certain expenses which he said were payable for the attendance of witnesses for the prose cution at the trial and I stated that an application was filed in the Court on the 16th July, 1898 for the issue of subpoenas to certain witnesses, a man by name Randall among them, and that this Randall had been allowed to pass through Canton about a fortnight or three weeks after the filing of the application and no steps had been
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