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THE HONGKONG WEEKLY PRESS AND
| the forecastle head. Captain Toulmin made some remark to Mr. Woods about his not having a chair to sit down upon, and made some un- complimentary remarks with regard to the com- pradore. Mr. Woods then left Captain Toulmin and went towards the forecastle head and called the_compradore. The deceased did not im mediately reply, and Mr. Woods spoke to him about getting up the anchor as soon as they could. Instead of doing this the deceased, who had evidently heard the conversation with reference to his chair said the chair was his own property, that he had bought it with his own money, but that if the captain had asked for it in a proper manner he would have let him have it immediately. On this the accused come over the flying bridge, went up to the head of the compradore's chair, which was on the starboard side of the deck facing the bridge aft, got hold of it, and said he would throw the chair overboard. Mr. Woods put his foot on to the chair and remarked, " It is a pity to throw the chair overboard for such a slight matter." After some conversation between the deceased and the accused the latter put his hand to his side, drew out a revolver and fired a shot. This shot missed. Mr. Woods attempted to grasp the revolver with his left hand, but before he could seize it another shot was fired and hit his hand. A third shot struck Lei San, who fell. Immediately after the second shot was fired Mr. Woods called out My God, I'm shot." Mr. Randal then rushed on to the flying bridge| to go to the help of Mr. Woods. Then the third shot was fired and the deceased fell. Mr. Randal helped Mr. Woods into the cabin, and immediately afterwards the accused followed them. Mr. Randal dressed Mr. Woods's wound and told the captain to go into his cabin. Later on the captain came ou deck with a Winchester rifle in his hand. He said he was afraid to stay in the cabin and wished to come up on deck where the others were. Mr. Randal said he would allow him to remain there provided he would put the rifle away from him, so the cap taiu sat on a chair with the rifle some little dis- tance away from him. Mr. Randal was then put in obarge of the steamer by Mr. Woods, and they immediately got up anchor and came back to Wuchow. Here a post-mortem ex- amination was made by Dr. Macdonald, who found that the bullet had entered the left side of the face and lodged in the left side of the brain. In the doctor's opinion death was prac- tically instantaneous. These were shortly the facts of the case. He would now call Mr. Woods.
there was some disturbance between the accused and his boy. Apparently the accused was un- der the impression that his boy had not obeyed some of his orders, and he boxed the boy's ears, bumped his head on the deck, and made him kow-tow to him. The boy being frightened jumped into a sampan and went away. The accused then went into his cabin and brought out a revolver, which he pointed at his boy but did not fire. He then abused Cheng Lei San. He did not know what for, but apparently it had something to do with the boy. A witness in the employ of the Customs at Wuchow was called by the accused and went on board the steamer. From what the accused said to him he gathered that there had been some disturbance on board the steamer and that the captain was in danger; but he thought the witness would say that he found the ship perfectly quiet, the only excitable person on board being the accused. He mentioned these faots because he thought it probable that there might be something in this which might be .more or less in favour of the accused, and he submitted it was right he should put before the court everything, either for oragainst the prison. er. Itappeared that some arrangement was made by Mr. Woods, the manager of the steamer, with the Prefect of Wuchow to take soldiers to a place about 60 miles up the West River. At about one o'clock the soldiers came on board.
A message was sent previously to Mr. Woods, who would give evidence in the case. Mr. Woods was unable to come on board at ouce, as he had an appointment with the Prefect of Wuchow at eleven o'clock with reference to these soldiers. Mr. Woods went and saw the Prefect, and then he went on board the steamer to find out what the disturbance was abont. It was reported to Woods that the compradore had refused to obey certain orders-that he had refused to lock up the boy that the disturbance was about in the morning. Mr. Woods called the compradore on to the deck bridge and told him that the captain was the master of the ship and that any order given by the captain to him must be obeyed. The matter practically onded. Then Mr. Woods informed the accused that be had made arrangements with the Prefect about taking soldiers up to Tangkna, about 40 or 50 miles up the West River. The accused was displeased at this. At first be objected to go. He said he had bean offered a good appointment in Hongkong and that if he was delayed long he would probably loss bis appointment. After talking the matter over, however, the accused consented to go with Mr. Woods to his office, and while there he sent a telegram to a friend in Hongkong with re ference to this position. While there a message came from the Prefect to say that all the soldiers were on the steamer. The accused and Mr. Woods then immediately went on board. That was about two o'clock in the afternoon, but owing to the steam not being up they could not get away until nearly four o'clock. Everything went on smoothly and there was no disturbance until later. When Mr. Woods and the captain went on board the steamer at two o'clock they found a Mr. Randal on board, and he agreed to go with them up the West River on this trip. Mr. Randal was a missionary. After dinner Mr. Randal, Mr. Woods, and the captain went on to the deck bridge together. Then Mr. Woods left them, and going to another part of the deck fell asleep. Mr. Randal would tell them of the conversation which passed be- tween himself and the accused while Mr. Woods was asleep. Mr. Randal would also speak as to the excited state and strange behaviour of the captain during this time, and also as to certain threats which he used against the pilot. At about eight o'clock it got rather dark, and the pilot decided not to proceed on his voyage. and he decided to anchor. It appeared that Captain Toulmin was under the impression that the pilot had no right to anchor the ship unless the captain himself gave the order. Subse- quently everything went on quietly. Captain Toulmin and Mr. Kandal were sitting down together and Mr. Woods was still asleep. At about ten o'clock Mr. Woods was awakened by Mr. Randal owing to the rather excited be- haviour of the captain. Mr. Woods went to- wards the captain and Mr. Randal, both of whom were sitting down on deck chairs. Mr. Woods had nothing to sit down upon, but the deceased was sitting on a chair in
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Thomas S. Woods said—I am a merchant and have had the management of the Dosing. Cap tain Toulmiu was the captain of the Dosing on the voyage from Hongkong on July 3rd and the deceased was the compradore. The Dosing arrived at Wuchow, where I was residing, on the early morning of the 7th of July. I saw ber at about half-past nine o'clock. In the morning I received some information from the Harbour Master that I had better go on board the Dosing as there had been some trouble there. I could not go on board until the after- noon, when the accused complained that the compradore had not locked his boy up for having disobeyed him. I sent for the compra dore, and asked him why he had not done what the captain had ordered him to do. He replied that it was not for him to lock the boy up; but I told him he should obey the captain's orders, right or wrong. I then told the accused that I had agreed to some soldiers being taken up the West River. The accused objected to this, saying it might cause him to lose a situation in Hongkong. Subsequently he agreed, and accom- panied me to my office and sent a telegram off to Hongkong. We went on board again at about three o'clock and found Mr. Randal there as a passenger. At about eight o'clock at night, after dinner, I went asleep. I was awakened by Mr. Randal at about ten o'clock, when the vessel was at anchor. I went on deck and joined in the conversation. The compradore was sleeping in a chair on the forecastle head. Captain Toulmin said he did not see why s Chinaman should be using a chair while I stood. I told him it did not matter; that I did not want it; and that it was not my chair any how. After this conversation I went over to the compradore, who got up from the chair, and said that the chair belonged to him and that he had bought it with his own money, but
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[December 17, 1898.
that if the captain had asked him for it civilly he would have let him have it. The captain then came forward and he and the compra- dore discussed the matter. The captain said he would throw the chair overboard and attempted to do so. I put my foot on it, saying it would be a pity to throw the chair overboard for so small a matter. The captain insisted that the chair was his and the compradore insisted that the chair was his. There was a slight struggle between the two. I did not see any blows struck, but they pushed one another about. A few moments: fterwards, while they were talking in an excited way, the captain put his hand into his right hand jacket pocket and brought out - a revolver and fired. The ball went very wide
several feet past Lei San. I was standing to the left of Lei San. After the first shot I tried to snatch the revolver out of the captain's hand, but before I could succeed in doing so a second shot was fired and it went through my hand, breaking one of the bones. The blood spurted into my eyes. I called ont," D— you; you're shot me," and Mr. Randal came over to me and attempted to staunch the bleeding. He then took me into the” cabin and bound up my hand. About five minutes after- wards the accused came into the cabin. I asked Mr. Randal to go and speak to the troops, as 1 anticipated trouble. Mr Randal, who speaks Chinese, went to them and I followed him. Subsequently the captain came on deck with a Winchester in his hand. Mr. Kandal took” it from him.
By Mr. Melbourne- I have been oat în the East for about ten years The name of my firm is T. S. Woods and Company and our place of business is at Wuchow.
Mr. Melbourne-About the capital of this firm. Don't Chinese own the money in the firm?
Mr. Brutton objected to this question on the ground that it had nothing to do with the casa.
Mr. Melbourne said he wanted to show that: Mr. Woods got his living from the Chinese and that it was to his interest to get the accused convicted.
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r. Williams-We will take this evidence for what it is worth.
Mr. Melbourne repeated his question as to the capital, but
Mr. Goodnow said he did not think Mr. Melbourne could go into the private affairs of the company. He might ask Mr. Woods as to whether he had any money in the firm himself.
Mr. Melbourne That is what I want. Mr. Goodnow-Then ask him. (To witness) What proporti n have you in this firm ?
Witness-Twenty per cent. In reply to further questions, witness said he meant 20 per cent of the capital, the Chinese members of the firm having invested 65 per cent. The Dosing belonged to Mr. Evaus, of Hongkong, but witness had a mortgage on it.
Mr. Melbourne-When you were anchored on the 7th July at Wuchow did you see any bodies coming down the river?
Witness-I did not see any but I heard there were some coming down.
Do you remember Captain Toulmin complain- ing that he had been assaulted by his boy ?— I do.
Do you remember his asking you if you would bring your boy on board because his boy had gone?-He told me his boy had gone, but he did not ask me to bring mine; I suggested it myself.
What sort of a night was it when this oc- ourrence took place -It was a dark cloudy night.
How far wide of the compradore did the first shot go ?—I should say a couple of
wide.
Cross-examination continn.de Before we left Wuchow the crew was unsatisfactory. That is what the captain said. The accused said his boy had attempted to throw him overboard, that he had stolen the money he had given him to buy food, and that the compradore had refusel to lock him up, and that he had convived at his
escape.
By Mr. Goodnow-Between three o'clock aud dinner I had four drinks and Captain Toulmin had twice as much. I was not under the in- fluence of drink myself at the time, but the captain gave one the impression that he had been drinking some days.
By the Associates-I have seen Captain Toulmin in Hongkong for several years past, but I have not had anything to do with him
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