CHINA OVERLAND TRADE REFORT.
|
507
as one
the
December 17, 1898.] forcecastle and saw Toulmin raise his right way, This Woods oorroborates. Toulmin says Dr. MacDonald found no powder in thẻ compra- hand as though to fire a pistol; that he saw a that when the compradore fell, that he looked dore's wound, the ball striking the angle of the flash
apparently coming from Toulmin's around. The moon was just coming from be- jaw on the left side of the face, and ranging hand and heard a report. Woods, the hind a cloud or hill; everything was perfectly upwards, but without force enough to pilot, the engineer, and the assistant com- still, not a sound to be heard and no one was on
make pradore say that Toulmin took
its egress from the skull. Toulmin testifies a revol the forecastle head but himself and the dead that Woods was wounded by a shot from the ver from his side coat pocket and raised it; that compradore. He went below to his room push-scuttle hatch. they saw the flash and heard the report. Toal- | ing his way through the crowded soldiers, some compradore came from his (the compradore s) while the shot which killed the min says that the compradore pulled up his of whom struck at him, he says, with swords or sleeves as though to attack; but that he is sure bambons but without hitting him; and went to In-that case the powder grains would be in the own pistol, held about the height of the chest. that the compradors had nothing in his bands; his room where he put on his sack coat; could not compradore's wound and not in Woods's. These that he (Toulmin) raised his hand (with possibly find his revolver nor a revolver which Woods, he facts corroborate Randall and not Toulmin. his pipe in it but no revolver) in position as says, bad brought on board and left in his Again it must be taken into consideration though to fire and said to the compradors, "If (Toulmin's) room.
that He found two Winchester Toulmin is the acoused. Randall, so far you make another move, I will shoot you.' At rifles but no ammuuition and went to the mess can see, is disinterested. We see no reason to this moment, he says the compradore shouted, room where were Woods and Randall. They doubt the substantial accuracy of Randall's "Strike! Strike" and there came a shot from urged him to return to his room where, if he had testimony alone, which is positive that the behind him which he thinks came from the no light, he would be safe from the vengeance of deceased Cheng Lei San came to his souttle hatch, which he says was open. Rand-the-Chinese who would not go from the light from a wound from a pistol held
death all says that Woods threw up his left hand, and to attack a desperate man in a dark room. then a second flash and report came from Toul. When he had returned to his room, Randall min. We see no evidence of any premeditation hands of and fired by the accused, Richard Toul min's hands, and Woods called out that he was went to the captain of the soldiery and to the of the crime. The testimony goes to show shot. Woods says that he put up his left hand crew and urged quiet and peace and that the to knock up the revolver, but that the second anchor be lifted at once and the boat returned excited and irritated by liquor, the heat, and by that Toulmin, weakened by lack of food and shot fired by Toulmin passed through his hand. to Wuchow where Woods could receive surgical petty annoyances which would probably have The Chinese pilot and engineer say that after aid. They were quiet and made no threats and, beeu laughed at by him under other circum- the first shot they wrapped their heads in after he had assured them that the compradore stances, having in his possession ready for use a their blankets and saw nothing more, but heard was dead, willingly took the boat back to Wuchow. two more reports. The assistant compradore Toulmin came on to the bridge to where Woods too common among some for the value of native weapon and somewhat imbued with the contempt says that his eyes were open, that he saw no and Randall were and brought a rifle with him. human life, in a moment of passion fired the flash after the first, but heard two more reports This Randall forced him to lay aside. Woods fatal shot. This does not lessen his respon coming from apparently the same place. Toul- asked, "Why did you shoot him?" to which Tonl-sibility toward the law nor the obligation of min says that Woods upon the first threat to min answered, “The deserved all he got." this Court to punish him according to law. It shoot, turned to him and said "None of that! Upon arriving at Dr. MacDonald's hospital, is the belief of this Court, however, and we None of that!" and made a quick motion, and Toulmin said to the latter that the dead man desire to put that belief on record, that the was wounded by the first shot, disappearing deserved all he got, but that he was sorry Woods accused, though guilty of murder, is not of that then from the scene; that the compradore had had been shot. Later that night Toulmin said character which deliberately, cruelly, and urged by this time come around the foot of the chair that the compradore had tried to shoot him, and by vicious instincts premeditated and with fixed and was pear to him holding a revolver in his was shot in the struggle, and tried to impress purposes, plans a crime. bend, which was close to and about the height of apon Woods and Randall that they could not of such provocation as removes the crime from We see no evidence his chest, and notoutstretched; that he (Toulmin) swear that he shot the compradore. Dr the legal definition of "malicious." We see seized the compradore's hands and a struggle MacDonald examined the dead man on the nothing in the evidence on which to base the ensued for the weapon; that oue time breaking forecastle head, and later made a more careful claim of mutiny of any description. Even had sway he struck the compradore in the face with examination. He found a bullet wound at the there been serious provocation and trou his left fist, and thereafter in the struggle the angle of the jaw, on the left side of the face, ble before reaching and at Wuchow, revolver held in the compradore's hand was ac- passing through the bone, he thinks, toward the there was nothing to compel the accused to go cidentally discharged. Randall testified that at right hemisphere of the brain. On account of on from Wuchow in the boat. By his own sat Woods's exclamation he went forward rapidly the prejudices of the Chinese, he was unable to in consenting to make the further trip into a and from the gangway saw the third flash pursue his investigations far enough to find the disturbed country and at night, with the same parently from Toulmin's haud and towards the ballet, but is sure the wound was a mortal one, crew with which he had made that and other compradore; that the compradore was turned He testifies farther that there were powder voyages, the accused proclaimed his confidence and going towards the gangway, stooping, with grains in Wools's band and noue on the com-
in that crew. Neither can any claim of mutiny his hand in front of him and looking backward pradore's skiu. There were no scratches or be based on the aution of the pilot anchoring over his left shoulder. With the third shot, he bruises ou the compradore's hands. Within a day when he thought it too dark to proceed. says the compradore fell prone on his face on or so Toulmin was sent to Canton, an order of Neither can any sufficient provocation be found the deck with his head touching the gangway, the Consul waived preliminary examination. for taking a human life in a petty squabble without speaking and motionless. The as-
and be has been confined at Shanghai until over the possession of a chair. All the evidence sistant compradore says that the compradore December 8th, when the trial was begun. It when considered is against there being fell at the third shot. Woods heard noth- will be noticed from the above that in regard any attack by the deceased on the accused which
to the first shot the evidence of Europeans and would warrant his taking life in self defence. three Chinese is only contravened by that of Therefore, having heard and tried the com- one European, who is the person accused. Two plaint in the foregoing case, filed by Cheng Kam Europeans and one Chinese contravene one Chnen, brother of the deceased Cheng Lei San, Europeau (the accused) as to the second and H. R. Williams, Jan., U.S. Vice-Consul in third shots. All the witnesses contradict the charge at Canton, and John Goodnow, U.S. statements of the accused that there was Â. Consul-General for China, assisting by order struggle. Put aside Woods's testimony if you of the Department of State, U.S.A., both will, as biassed by his interests, and the testi-acting judicially, find Richard Toulmin, mony of the Chinese as dictated by race feeling, citizen of the U.S.A., guilty of murder, by wil- and we still have the positive and direct testi- fully, unlawfully and maliciously shooting at mony of Randall and certain facts undisputed Cheng Lei San, a subject of His Majesty the and the admissions of Toulmin to Dr. Mac- Emperor of China, on the 7th day of July, Donald. Nothing has been brought forward as A.D. 1898 on the steamship Dosing, flying the showing prejudice ou the part of Randall. American flag, on the West River, in the Pro- No serious attempt was made to impeach vince of Kwangsi, in the Empire of China, in his credibility. In fact the counsel for the the Admiralty and Maritime jurisdiction of the defence declined to cross-examine as he took it U.S., and out of the jurisdiction of any par- as settled that Randall told the truth as he saw ticular State, of which shooting said Cheng Lei it. Randall's nationality is that of the accused; San died on July 7th, 1898, at said above de- his calling predisposes him to place a high value scribed place-without capital punishment-the on his accuracy; his national disposition as evid punishment whereof is imprisonment at hurd onced before us is that of a man accustomed to labour for life. observe carefully and determined to see all to be seen of any given action. That he could see all this tragedy is clear. It was about full moou; the moon was either shining or coming from shadow; the vessel was so small that from where he stood the parties in interest were not to exceed 20 feet from him; he was in no danger and could see and observe without fear or personal feeling. In his testimony he is positive and direct. He is corroborated also by certain physical facts. He testifies that Woods was shot when very close to Toulmin. Dr. MacDonald finds powder. grains in Woods's wound. He testifies that the compradore was farther away from Toulmin at the third shot, stooping, looking back over his left shoulder.
ap-
ing after the second shot. Toulmin says that in the struggle between himself and the compradore, the revolver was fired second time, being still in the compradore's hands; and simultaneously came another shot from behind him (Toulmin), and, he thinks, from the scuttle hatch. At this time Toulmin says that he was on one knee with his back to the starboard rail; that at these two shots the compradore wrenched loose from his grasp. turned partly around to rards the bridge, and fell prone on his face with his head against the gangway, still holding the revolver in his hands. Randall says that he could see all the time distinctly what was done on the forecastle head; that while Toulmin and the compradore might have touched one another at the first and second shots, there was no struggle; that at the third and last shot the compradore was several feet from Tonlmin and with his back towards him; that the flash was directly from Toulmin's hand and towards the compradore. Woods says that at the first and second shots he was between the two. The assistant compradore says that all three were separated from each other two or three feet. Toulmin says there was
severe. and
comparatively prolonged struggle, but that it was too dark to see it from the bridge or gangway. While the testimony is that the sky was partly, at least, overcast by clouds, the moon was only three days past full and even when obscured by clouds would give sufficient light at 10 p.m., about the time of the shooting, to render objects easily distinguishable at the distance (about 20 feet) at which Randall stood from the scene of action. Randall testifies that he seized Woods's wrist and led the latter below, Woods having to step ›uj-ilɔre's head to reach the gang-
Wherefore we adjudge and sentence the said Richard Toulmin to imprisonment for the term of his rational life at hard labour from this day in the prison for American convicts at Shang- hai-China-or at such other place and prison as may be designated by the President of the United States,
In witness whereof we have sat our hands and official seals this thirteenth day of Decem- ber. A.D, 198, at Canton, China.
H. R. WILLIAMS, U.S. Consul in charge; noting judicially.
JOHN GOODNOW,
Consul General acting judicially and
assisting in this trial by order of the Department of State.
No comments yet.
Private notes are available after approval.