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taken by Consul Bedloe to serve the subpoena on him and that he had gone to Manila and I considered that the U. S. Goverment should witness as well as of the others and I stated that if the Chinese were expected to pay pay the expenses of this these expenses I should surrender the matter into the hands of the U. S. Goverment, to this Consul General Goodnow replied laughing "in that case the Government would have to pay "and I replied " well, that is what I shall do if the Chinese are expected to pay.'
Nothing further was said as to the payment of these expenses then.
11. On my return from Canton I informed Cheng Kam Chuen of what had passed and I was instructed to resist the payment of these expenses and if the pay- ment was insisted on was to furnish the U. S. Consul General with the names of the witnesses and leave the prosecution in his hands and take no further part in the prosecution.
12. On the the 28th day of October 1898 my firm received a notice dated the 27th day of October 1898 in the words and figures following that is to say :-
Το
Consulate of the United States of America.
Messrs. Mounsey & Brutton,
Hongkong.
Canton October, 27th 1898.
Whereas the cause of Richard Toulmin charged with wilful murder of one Cheng Lei San a subject of the Emperor of China was set down for trial at this Consular Court Canton on the 4th day of October A. D. 1898 when the Defendant filed a petition at this Consular Court in which he prays for a change of venue for a trial of his cause at Shanghai and upon hearing the objections filed in Brief by the Attorney for Prosecution on September 24th I have denied the motion for a change of venue.
You are hereby notified that the cause is further postponed till December 8th A. D. 1898 at 10 o'clock a.m, when the trial of the same will be held at the United States Consular Court Canton instead of November 4th as previously fixed.
In Witness whereof I have hereunto set my hand and seal this 27th day of October A. D. 1898.
L.S.
(Sd.)
H. R. WILLIAMS,
U. S. Vice & Acting Consul in churge. Acting Judicially.
13. Subsequently to the receipt of this notice I saw H. R. Williams the US. Vice and Acting Consul in charge Acting Judicially and asked him who was to prosecute in the case and he informed me that I was and I naturally presumed that
was presecuting on behalf of the U. S. Government.
14 On the 1st day of December 1898, I was informed that no subpoena had been issued to Benjamin C. Randall who was one of the principal witnesses for the tion and on the 2nd day of December I wrote a letter to H. R. Williams Esq. requesting prosecu. him to issue a subpoena for the attendance of this witness.
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15. On the 8th day of December 1898 I appeared at the U.S. Consulate at Canton on the trial of the said Richard Toulmin and no mention was made by the U. S. Consul General J. Goodnow or the Vice Consul H. R. Williams of the payment of the witnesses' expenses.
16. On the evening of Friday, the 9th December, after I had closed the case for the prosecution and the Court had been adjourned I was asked by H. R. Williams Esq. whether I was going to pay the expenses of the witnesses, to which I replied "No, not unless I am obliged to," and he then said "Ob, if that is all you want I will soon make an order," t› this I objected and said that I could not pay as my client had no means and that the question should be argued out in Court.
17. On Saturday the 10th December during the mid-day adjournment, John Goodnow the Consul General asked me if I was going to pay the witnesses' expenses, to which I replied, No that I should like to argue the matter ou Court. The Consul General said it was no case for argument, as the Chinese had to pay. I told him that the Chinese informant Cheng Kam Chuen had no money and could not pay, to this he replied that if he did not pay I should have to do so out of my fees, I said I could not do that and he then said, "Well if you do not it is a question whether I shall hear you any further in the case and also whether I shall not cancel all the proceedings."
18. After a short adjournment in the afternoon and before the Court again sat the Consul General called me up to his bench and privately asked me if I desired to cross examine the accused who had elected to give evidence and who had then pratically finished his evidence. I said I did and he then said "Are you going to pay the fees, if not it is a question whether I shall hear you further in the case?" To this I made no reply, I then went back to my seat.
19. After a few more questions had been asked the accused by his Counsel the following took place.
Mr. Goodnow asked- Mr. Brutton as Attorney for the prosecutor do you wish to ask this witness any questions ?
Mr. Brutton-As Attorney for the prosecution who has been conducting the First case for the prosecution up till now I wish to cross examine this witness. I should like to ask one or two questions with regard to the question of costs.
Mr. GoodnowThat does not come up just now.
Mr. Brutton said that as Attorney for the prosecution he did not undertake any liability with regard to the expenses of the witnesses.
Mr. Goodnow--Mr. Brutton, I can tell you plainly I am not going to put you out of t is trial at this stage, but until this matter is settled you will not be allowed to conduct any other cases in American Consular Courts in China.
Mr. Brutton-Your honour has not power except in this Court unless you ean show that my conduct has been unbecoming a Solicitor.
20. On Monday, the 12th day of December, after the case was closed the Consul General made a few remarks on the law with regard to murder and continued as follows:-
before
There was one other matter he and Mr. Williams wished to bring up they adjourned and that was in regard to the incident which happened there on Saturday he thought it was, Under Rule 71 of the Regulations of Consular Courts any complainant informant or prosecutor might be required to give security
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