December 17, 1898.]
CHINA OVERLAND TRADE REPORT.
"4-Your latest work, The History of the Laws and Courts of Hongkong includ- ing Consular Jurisdiction in China and Japan,* is greatly appreciated by ourselves, and as we have been informed has met with that reception which it deserved at the hands of the community.
I left unturned which could make you understand that when entering my office you were there to find yourselves on a footing of equality with any of Her Most Gracious Majesty's subjects seeking what assistance our benign laws could confer upon you. These were my positive instrnotions to my subordinates on my assumption of duty in Hongkong, and I am "5.-We, as officers of this Department, know pleased to think that on no occasion has it ever the energy, time, and trouble you have ex- been brought to my notice that you were depended, and the enormous difficulties yon have prived of that assistance whenever you sought encountered in producing this valuable, useful, for it: For my part, I have done for you what and interesting work. right consonant with justice demanded. Those of you who have sought my advice from time
6. It now only remains for us to wish you and Mrs. Norton Kyshe bon voyage; that you may both have a pleasant holiday at home with health to enjoy the same; and with the best compliments of the season. We remain, Sir, Yours obediently,
ns-
499
THE "DOSING SHOOTING
CASE.
TRIAL OF CAPTAIN TOULMIN AT CANTON.
(FROM OUR OWN REPORTER.)
CANTON, 8th December. At the United States Consulate this morning Captain Richard Toulmin was brought before Mr. H. R. Williams (Acting Consul-in-Charge, acting judicially), assisted by onsul-General Goodnow, with Messrs. E. B. Ward, J. J. Lossus. H. K. Shoemaker, and J. S. Murray (all American citizens) ag associates.
The indictment reads as follows That you Richard Toulmin did feloniously and wilfully and of your malice aforethought kill and murder one Cheng Lei San on board the American ship Dosing at. Wuchow on the 7th day of July, 1898; and also that you Richard. Toulmin did unlawfully kill and slay one Cheng Lei San on the date and year aforesaid." Soon after the occurrence mentioned in the indict- ment the prisoner was removed to Shangbai in charge of Mr. V. A. Rozario, deputy-marshal at the U.S. Consulate, arriving back at Can- ton on Tuesday, when he was lodged in the British Consular Gaol.
In addition to Messrs. Goodnow and Williams and the associates, seats were occupied on a raised platform at one end of the room by Commander Walker, of U.S.S. Concord; Mr.
Magistrate and his interpreter; and the foreign Mansfield, Acting British Consul; the Namhoi
secretary to the Viceroy (Mr. Kung.) There was a large attendance of the general public.
to time well know how earnest I have been in discouraging litigation whenever it was pos- sible to avoid such, and I am glad to know that in several instances I have been success- ful. I appreciate your testimonial for the little I have been able to do for yon.
(Hero follow signatures of the officers of the Your Registry, including those of the Land Office.) allusion to my career in the Straits Settle- Mr. KYSHE said- Mr. Seth and other officers ments brings back very pleasant reminis constituting the staff of my Department, I cences to my mind. I laboured for fifteen
feel highly honoured at the various demon- years in that colony. There, as here, my services strations of feeling which have been shown were appreciated by your fellow country men, me, and flattered at the address which you and I now hold up to your view two addresses have done me the honour of presenting to which were presented to me by the Chinese aud
me. You will remember that on my other nationalities in Singapore so long ago as in sumption of duty in Hongkong I assembled 1884 when I relinquished magisterial duties in that settlement. Although a stranger to Hong-staff, and told you that if you wished me to be a every one of you, including the interpretation kung itself, on my arrival I soon found that the friend of yours that you were first to show people were no strangers to me. Here, as in me. that you were friends of mine. Gentle- the Straits, the backbone of the population is men, I have not been decived. As fellow Chinese, and except for change of sceus I soon workers I believe we have all done well found myself completely at home; and hence and if I have personally been at all successful the reason probably why, if I may be allowed to and been able to wiu the confidence of the say so, I have been able to make my services ap-
suitors preciated. Believe me when I tell you under it is due greatly to the assistance which of all nationalities in this colony, no Power could the Chinese be a more free I have received from you. people than under British rule. I have often of one of the most important departments As the head spoken to some of the leading Chinese ou the of the service in Hongkong I could not have subject, and it is satisfactory to know how much wished for a better staff. To Mr. Seth and to those in that vast empire from which you come Mr. Hazeland, the Deputy Registrars, as to appreciate the benefits they derive from being Mr. Jones, who is now doing duty for Mr. connected with us. This is a matter, gentle Hazeland, I have nothing to say but the highest men, that I need not go into further. During praise. And this applies as well to Mr. Bruce my stay here, I have done in my own quiet way, Shepherd, the Deputy Land Officer. If I have not as a judge in public, but as a Court official been successful it is due as 1 have said. sitting in his-own Chambers, what good I gentlemen, to you whose names I have men- could, and your kind reference to my recently- tioned, as well as to Messrs. Xavier and published work is fully appreciated by me. I D'Almada e Castro, clerks to the judges and shall now carry away with me the highest me- to myself, and to Mr. Sofiad, assistant clerk mento that I could possibly have received, and interpreter, another recent acquisition namely, the knowledge that as a public servant in my office, and I may add also to the specially appointed by the Home Government great assistance I have also received from I have done my duty faithfully towards those the bailiffs and though by no means least, to who constitute the majority of Her Majesty's sub- the interpreters who have one and all done their joots and of the foreign community of Hongkong, duty well. I wish to place on record, gentle-ed I thank you for your kind wishes to myself man, the assistance which I have received from and family and particularly for your magnifi-you. It may prove of little use but to me it is a cent address which I shall hand down to my family as an heirloom.
+6
Mr. Kyshe then shook hands with the Chin- ese gentlemen forming the deputation.
The members of the Registry staff then en- tered the room, and Mr. SETH said-Sir, the pleasing daty of presenting an address to you, signed by the officers of this Court, has been imposed upon me, but as time is pressing and I know you have only a few hours within which to get ready for your voyage, I will not detain you by prefacing this address, but will simply proceed to read it with your permission:
46
1
**Supreme Courts, 13th December, 1898. JAMES WILLIAM NORTON-AYSHE, Esq., Barrister-at-Law, Registrar of the Supreme Court of Hongkong, etc., etc. SIR,- We are sorry to learn that you are about to leave us, but we shall be glad to know, and trust that you will enjoy your well-earned and deserved holiday. Before you take your departure, will you allow us to express our sin- cere gratitude for the very kind treatment we have received at your hands since your assump. tion of the duties of the office of Registrar of the Supreme Court of this colony.
“2-Having regard to your abilities and your long and meritorious service, you may be selected for promotion to a higher appointment either in this or some other of Her Majesty's possessions, in which case you will have our best wishes.
well as
Your abilities, tact, and sense of justice, as your gentlemanly feelings towards uurselves, are too well known for us to dilate
poon those points.
duty and a pleasing one. Believe me that the
for bis.opportunity when it comes; that is and secret of success in life is for a man to be ready has been my guiding principle. Honesty is the best policy-stick to that and go forward fearlessly. Mr. Seth, as you are aware, has been appointed to act as my locum tenens during my absence. This ought, gentlemen, to be an encouragement to Mr. Seth and you all. I am pleased to think that I carry away your best wishes, showing the public the friendly spirit which has guided you towards myself. I leave Hongkong perfectly satisfied that my office could not be in better hands than yourselves. with my friend and fellow barrister, Mr. Seth, at the helm.
According to a Tokyo press despatch the Kato Lunatic Asylum at Hongo was destroyed by fire on the 2nd December, six patients being burnt to death.
According to a Tientsin dispatch Li Hung- ohang took away with him sixteen students for service on the Yellow River Commission. They have been selected partly from the Engineer Cadet Corps of the Tientsin Military and partly from the engineering school attached to the Kaiping Colliery at Tongshan. This corps will ba set to a ork at surveying and drawing maps of the whole course of the Yellow River, in the provinces of Honan and Shantung, for presenta tion hereafter to the Empress Dowager. Gen- éral Teleng Ki-tong, of Shanghai, who was to have bad charge of the administration of the new Chinese Bund, has also joined the ex- Viceroy's staff, as well as several foreigners. -N. C. Daily News.
Mr. G. K. H. Bruttou appeared for the pro- secution and Mr. C. Dick Melbourne for the defence.
The Clerk of the Court (Mr. A. de Silva) read the indictment over to the prisoner and then put to him the usual question, "What say yon, guilty or not guilty ?"
Prisoner-Not guilty.
Mr. Melbourne-If your honour pleases, is there
any objection to Captain Toulmin sitting down during this trial ?
Mr. Williams-No.
Mr. Brutton. in opening the case for the prosecution, said he thought it necessary to define to them exactly what this charge of murder was-that was, the legal definition of the term murder. It had been defin-
as follows:-" When a person of sound memory and discretion unlawfully killeth any reasonable creature in being with malice afore. thought either expressed or implied." They would notice that there were different essentials necessary to be proved in order that a orime should constitute murder. In the first place a person had to be of sound memory and dis cretion; secondly, that the killing must be unlawful that was, that there must be no
51
justification or excuse for the killing-and there must be malice aforethought. Malice was of two kinds express and implied. “Express” malice did not mean that there was any per sonal ill will shown by the accused or the person who committed the crime against the person who was killed. It meant that the crime as committed showed that there was some cruelty by the person killing to the person killed. That was practically what they called "express malice. Implied' malico was nearly always presumed in law. That was, it was not for the prosecution to show that there was any justification or excuse for killing. If no justification or excuse was shown then malice
for the accused to show that there was justifica. was always implied in law. Therefore it was
tion or excuse for the killing. If that could not be shown then malice was presumed in law. Therefore it was not for the prosecution to attempt to show malice, but the very fact of killing presumed malice. That, shortly, was what murder was. As to the facts of the
case,
Dosing left Hongkong on the 4th July
it appeared that the American ship
this year in the afternoon with the ao
of
cused on board as captain and Cheng Lei San, the deceased, as compradore. At about the ship arrived at Wuchow and anchored three o'clock on the morning of the 7th July there. At abont eight o'clock in the morning
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