CO129-212 - Governor Sir Bowen - 1883 [10-11] — Page 25

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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 ballet; how could I when I became insensible?

Longhlan Alan Byworth said-I am a British subject and at present in the employ of the Im- perial Maritime Customs. I remember the morn ing 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 sorvaut told me, I wout 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 cansed by either a bullot 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; ho 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. Matsen's house I got certain informa- tion, and in consequence we went along the street in which Mr. Matsen's house is situat- ed, 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 reolin. ing 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. [Wit- ness 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 Enge and a pool of blood on the ground whero £ 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 re. member 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 cart- ridges 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?

had been drinking; but he was perfectly sensible. Witness-Yes, he was excited, and I think he

Did you hear him make any statement -Not to me. Mr. Laut asked him what had occurred, and he said he had been attacked by Chinese aud had defended himself. Mr. Lant asked him how he was attacked, and he said the Chinese had thrown stones at him and bad fired a musket, and that he had returned the fire.

Have you any recollection of any other state- went 2-Noue at all.

Have you any recollection of seeing Mr. Neil- sen that morning ?-No.

Do you remember anything being pointed out to you that morning at Mr. Strom's house P-Yes. a dent in the brickwork. It looked as if it had besu 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 shat 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 thay were scattered around. I saw no marks of any. thing 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.

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Witness-I have no ides, they looked as if house. I saw the woman at about twelve o'clock. they had been thrown down anyhow. I supposed and again at two o'clock. On the former hey had been thrown in at the door on account occasion I did nothing with regard to hor, but of the riot, and that was why I noticed. If they at two o'clock I took her to the Hospital. had been thrown in at the door they might have The Crown Advocate.-Did you notice any. struck the wall and robounded anywhere. Ou thing particular about Logan's house that morn- the wall outside there were marks of whitewashing F being knocked off. I cannot say whether the Witness--I did not. I do not remember whe- door showed any signs of violence.

ther there was a faulight, and I did not notice Thomas Rassel Lant said-I am a British whether any windows had been smashed. I think subject and am boat officer in the Imperial I should have noticed it if there had been. I Maritime Customs. I remember Sunday, the did not notice the walls or door either to see if 12th August last. Mr. Byworth came to me they appeared as if any thing had been thrown that morning and made a communication to me. against them. I have no idea where Neilsen is Mr. Ewer was in my house at that time and in now. He was in the Customs service, and I consequence of that communication I left my have not seen him since I saw him in gaol. T house and went down the street with Mr. Ewer knew a man in the Customs service named Felix and Me. Byworth. I know the prisoner; he was Eobl. He is now dead. an assistant examinor of the Customs, and a Cross-examined by Mr. Wiso-I went to see British subject, I believe; I have heard him say Mr. Neilson that morning to see what state he I know the prisoner's house, it is in the was in because Mr. Byworth had told me he was main street, the first street next the river raa mixed up in the trouble. I cannot say the date ning parallel to it. I live on the river frontage, I saw Neilsen in gaol; it was four or five days and we turned east into the main street to afterwords. I know nothing about the death of go to the prisoner's house. I went to Mr. Oehl excepting from hearsay. I have known the Matsen's house, where I saw Mr. Matsen and prisoner for about seven months; I am bis Mr. Ström, a number of Chinese, and a Chinese superior officer. He bears a very good charac. woman who had a wound through her leftter, and I believe he was a quiet and peaceable shoulder.

After leaving Mr. Matson's house man, the last man to create à disturbance. we went along the street over the bridge, and Re-examined-I saw Mr. Oohl being removed near the cross-street we saw a great crowd of to Hongkong by the Powan to go to the hospital Chinese extending to the cross-strest. On turn- and he has not returned. ing 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 boase. We rang the bell and were admitted by the boy. I saw Mr. Johnson upstairs, and the prisoner came up di- rectly 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. Ever to take charge of. Both the revolvers found were loaded in all the chanthers I be- lieve. The prisoner seemed excited, and I thought be had been under the iu- fluence of liquer, 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

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By His Lordship-What I hare 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 be would not argue the point, but would rather dispouse 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 Ast with the intention of objecting to the evidence,

Mr. Francis drew attention to various parts of the Act, and also expressed his willingness to d spense with the evilence 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 fignor, beer, porter, &c. I have seen the prisoner before and I know the street in which ha