Bueno owed to Checa for card playing and Mr Bueno turned round and charged Mr Checa with unfair dealing. This led to blows, which resulted in a challenge being sent to Mr Checa, who did not accept in the first instance. There were peculiarities in this case; the parties were all foreigners, and the duel was fought in Chinese territory. Supposing one of the parties had been killed, they could not have been brought up for murder or attempt to murder but for an aggravated breach of the peace.
Mr May said that there was some distinction between this case and fights with fists only as in prize fights or boxing matches wherein the result could not be the death of either of the combatants; in this case, pistols were used, and the intent was clear. Mr Francia said it was not the intention of a duel that the parties should be killed; it was always the intention in duels to get the parties off the ground with the least possible harm.
Mr May preferred that the case should be sent up to a higher Court, as he was in doubt as to the legal aspect of the case.
The defendant was then committed for trial. Mr May observed that he did not know whether or not it was desirable that the case should come on in the ensuing sessions, which would be on the 19th inst.; in the case of an early trial the defendant had to waive his notice.
Mr Francis said he would like to consider the point. He would let his Worship know to-morrow.
Mr Toller was not aware if the Crown was prepared to go on with the case at the ensuing sessions.
The defendant was admitted to bail as before. All the witnesses were bound over to appear at the Supreme Court.
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which Bueno owed to Checa for card play. ing and Mr Bueno turned round and charged Mr Checa with unfair dealing. This led to blows, which resulted in a challenge being sent to Mr Checa, who did not accept in the first instance. There were peculiarities in this case; the parties were all foreigners, and the duel was fought in Chinese territory. Supposing one of the parties had been killed, they could not have been brought up for murder or attempt to murder but for an aggravated breach of the peace,
Mr May said that there was some dis- tinction between this case and fights with) fists only as in prize fights or boxing matches wherein the result could not be the death of either of the combatants; in this case, pistols were used, and the intent was clear. Mr Francia said it was not the intention of a duel that the parties should be killed; it was always the intention in duels to get the parties off the ground with the least! possible harni
Mr May preferred that the case should be sent up to a higher Court, as he was in doubt as to the legal aspect of the case.
The defendant was then committed for trial. Mr May observed that he did not know whether or not it was desirable that the case should come on in the ensuing sessions, which would be on the 19th inst.; in the case of an early trial the defendant had to waive his notice.
Mr Francis said he would like to consider the point. He would let his Worship know
to-morrow.
Mr Toller was not aware if the Crown was prepared to go on with the case at the ensuing sessions.
The defendant was admitted to bail at before. All the witnesses were bound over to appear at the Supreme Court.
4
535
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