December 17, 1888. ]
and he had a pistol in his hand. The pistol went off, but I cannot say whether the trigger was pulled accidentally or not." The captain had not fallen until the third shot was fired. He may have been falling. I never saw the captain holding the compradore's hand at all, nor did I see him fonch him at any time He may have done so, but they did not clinch and there was no scuffling in the matter. Until I examined the compradore I did not know he had been shot in the head, as I thought he would have been shot in the back. When the doctor was on board there was some conversation in the presence of the captain in reference to the shooting, but I cannot remember the details. I never saw any flash coming from the direction of the compradore, or Woods, or any of the Chinese on dock. The flashes apparently all came from Captain Toulmin.
By Mr. Melbourne-Before theshooting on the 7th July the captain spoke of some disturbance he had had with the table boy, and he accused someone else of not obeying his orders and putting this boy into confinement. I should say Captain Toulmin had twice as many drinks as Mr. Woods on the 7th July. I have been six years at sea, but I hare never acted as an officer on a vessel.
In reply to Mr. Brutton, witness detailed a conversation which he bad with the captain as to the disturbance which the captain had with his boy on the morning of the 7th July, The boy asked the captain for some money to huy food with. He refused to let him have any. as he bad given him $10 a day or two before. The boy persisted in asking him for some money and the captain slapped him in the face. The boy then put himself in a fighting attitude. upon which
the captaiu cuffed him more severely. Then the boy tried to push him overboard. He then called upon the compra Adore to lock the boy up. The compradore re- fused to do this, and the captain then went into his room. He brought out his revolver, but the boy had then gone.
Mr. Goodnow said that one of the witnesses-- Campkiu for the prosecution had been down rnd made au affidavit as he was sick.
Mr. Brutton said he had closed his case and he was not particular about the affidavit being put in.
Mr. Goodnow-I will leave it here and counsel can see it if they wish.
This closed the case for the prosecution. The Court adjourned at five o'clock.
CANTON, 10th December.
The trial was resumed this morning. Counsel Laving-un objection, Mr. Williams read the following affidavit:---
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CHINA OVERLAND TRADE REPORT. upper kerosine ground. When I visited the Dosing with the Harbour-Master there were no signs of disturbance on board. That is all I know about the case, so far from my recollection."
THE DEPENCE.
Mr. Melbourne, in opening the case for the defence, said the defence was simply this: He should call a witness that morning to prove, or try to prove, that there was a mutiny on board the Dosing, and evidence as to Captain Toul- min's previous conduct. He would call Mr. Frame,
John Frame said—I am a marine engineer. At present I am chief engineer on the Kong Pak. I have met Captain Toulmin in Hong- kong several times, and on the previous voyage to the one on which the shooting took place I was a passenger up the river in the Dosing. Captain Toulmin told me he wished Captain Sherman was back on the ship as he did not like the way things were conducted on board. When coming down the river the machinery broke down three times and I thought we should go ashore. Before this the ship stopped, I know Captain Toulmin did not order the ship to stop, as he was sitting close to me on the bridge. I know that the captain ordered the ship to start at a certain hour, but the crew started the ship earlier without consulting him.
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board. He did not say anything to me about his luggage. I examined his trunk and room? but I found nothing but rags inside. His trunk appeared to have been robbed. Afterwards he said to me, “You've been searching my room P I said I had but I did not tell him what for. He told me he had been robbed. Captain Toul- min had only one trunk on board, and that was a leather one. There was a bundle of papers in the trunk, but I did not look through them. I have known Captain Toulmin since 1896. He has always seemed to me to be respectably dressed. I have had many a glass with Captain Toulmin, but I have never seen him under the influence of drink. I came down from Wuchow to Canton with Captain Toulmin and handed him over to the American Cousul, I was in. structed to do so by the Commissioner of Cus toms at Wuchow. The captain was not in the least troublesome on the way down. I took him to the British Gaol in Canton as ordered by the American Cousul.
Captain Toulmin, after having been cautioned. that if he gave evidence he would be liable to cross-examination, was sworn and said-I am an American citizeu. I was the captain of the Dosing on the voyage. which began from Hong- kong on July 4th last.
At this point the prisoner said Mr. Mel- M. J. Strom said-I am a Danish subject. bourne had not had the opportunity of going On the 7th of July last I was acting Harbont. into his case properly, and he should like to Master at Wuchow. I saw the Dosing come into tell his story right from the commencement. Wuchow on that date. She anchored opposite
Mr. Goodnow said he could do so. the Custom house. I was on board the Torcha Captain Toulmin then said-On the 16th of Samshui, and while there I heard someone call June I met Captain Sherman in the bar of the out from the Dosing. I could not tell what it Hongkong Hotel, and after some conversation was, but I subsequently went on board. Cap-he said to me," By the bye. Toulmin, will you tain Toulmin then asked me why I had not take charge of the Wingfoo and take her down come before as his boy had attempted to push to Manila ?** After he had told me to whom him overboard. I said we appeared to be in she belonged I said no. Afterwards he said if plenty of time, as the captain was still on deck. I would take the Dosing for him for a few trips Captain Toulmin then commenced to tell me he would take the Wingfoo. He was captain of about some quarrel he had had with his boy and the Dosing at that time. He reckoned that I said he was sorry he had ever come to Wuchow, was a little bit more independent than most as he did not like the steamer. He appeared to people and said he knew I should not want to be a little excited. This was about a quarter-retain the command when he came back. Cap. past eight in the morning. I don't know that tain Sherman went and arranged with Consul- Captain Toulmin was under the influence of General Wildman and the following morning drink at the time. I should say he was I went on board the Dosing. He told the com- not. He seemed excited on account of the pradore that I was to take command of the ship trouble with his boy. I had nothing to drink and that he was to obey my orders. I left on the ship and I did not see the captain drink Hongkong at 12 o'clock on the 17th June and anything. There were two or three other we arrived at Wuchow two or three days after- Europeans with me on the lorcha and Mr. wards. I saw Mr. Woods, who was surprised Campkin accompanied me on board the Dosing. to see me, but I explained matters to him and I again went on board in the afternoon gave him a letter which Captain Sherman had before she commenced to go up the river, written in reference to myself. Mr. Woods and I sair Captain Toulmin collecting the asked if I would not stay on there, but I said arms of the native soldiers who
I did not care to do so. were
I subsequently re- on board as passengers. The captain had a turned to Hongkong without any more trouble. note-book in bis band and was taking the Continuing, the prisoner made a long state- number of the arms. The captain did not appear ment as to the voyages of the Dosing and the to me at that time to be under the influence of disobedience of the crew, stating that he fre- drink. He was nicely dressed and appeared quently announced his intention of not going quite calm and collected.
on to the vessel again and had many disputes with the compradore, He added-At about half-past three on the morning of the 7th of July I saw a lot of dead bodies coming down the river. At about half-past seven I was washing my face in my room when my boy came in and asked me for some money with which to buy chow, but I refused to give him any, as he had had $10 from me two or three days before. He then said that if I did not give him any money I could not have any break- fast, and he said this in such an insolent way that I pushed him out of the room. A minute or two afterwards I left my room and the boy came and took a running kick at me. I caught hold of his leg and pushing him towards the side of the vessel caught him by the neck and leant him over the rail. The crew were watch- ing and I called out to the compradore to fetch the boy and put him in the spare room. I did not hit the boy with my fist, as I was only one European among a lot of Chinese. I tried to get the boy into the room myself, as the compradore refused to do so, but as he is a rather big man I had a hard struggle with him. I caught hold of him by the queue, and after I had made him kowtow to me I let him go. I then went into my room, and on my coming out again I found the whole crowd on deck. The boy rushed for- ward and endeavoured to push me overboard, I asked the compradore and the others to get hold of the man but they refused. I ultimately knocked the boy down and then the compradore and the engineer and the others got hold of me.
By Mr. Brutton-When I had the conversa- tion with the captain in the morning Campkin was standing by. The captain smacked his pocket and said something about taking care the next one did not do the same.
Heury Bone said-I am a British subject and am a Customs officer. I was on duty at Wuchow on July 7th last. I was on board the lorcha Samshui with the previous witness and heard someone call out from the Dosing. At about nine o'clock in the morning I went on board the vessel and saw Captain Toulmin. He seemed to be rather excited as if he had been drinking the previous day. The next time I saw Captain Toulmin was on board the Kong Pak the following day, but he did not say anything special to me.
"Walter Hear Campkin having been duly sworn deposes and says:-I am a tide-waiter in the I. M. Customs at Wuchow, I am now suf- fering from fever but have sense enough to speak and understand. I was not present when the fatality took place. What C'know is that on the morning of the 7th of July I was on duty on board the lorcha Samshui. The Dosing was lying astern. etween 7 and 8 a.m. I heard some shouting ou board the Dosing. I went aft the lorcha to see what was the matter. I saw Captain Toulmin standing forward on the fore- castle head. I asked him what was the matter. He replied that there was mutiny on board, that one of the crew had tried to throw him over- board. On the captain shouting out for help the man got frightened and jumped into a sampan and got away. Captain Toulmin called to us to have the man brought back. I saw the sampan as pointed out to me by Captain Toulmiu, At about 8.30 a.m., on going to break fast, the Harbour Master and I left the lorcha and went on board the Dosing. I saw Captain Toulmin pacing the deck. He seemed to be in an excited condition. He asked us why we did not chase the sampan, to which no reply was made, He then said his boy had robbed him of
Harry Haines said-I am a British subject some “chow" money, that he had chastised him and reside at Wuchow. I am an examiner in for it, and that the boy bad turned upon him, the Customs. On the 7th of July I saw captain and tried very hard to throw him overboard. Toulmin at Wuchow a little before 12 o'clock. He further said that if they troubled him again The Dosing_left Wuchow between four and he would do for some of them. I do not remem. five in the afternoon. I saw Captain Toulmin ber any further conversation, so the Harbour- about an hour before on the Customs pontoon. Master and I left the ship. When Captain We passed the time of day, I don't think I Toulmin said that he would do for some of | could say he Was under the influence them he clapped his hand to his hip pocket, I of drink at the time. I next saw did not see any revolver nor did I see any Chinese armed. The Dosing was lying in the
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By Mr. Brutton-When I went on board the Dosing all was perfectly quiet. I saw two or three of the crew, and they seemed perfectly quiet. I was on board five or ten minutes.
him on the 9th of July оп the Kong Pak. I saw what luggage he brought on
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