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A
April 2, 1906.]
a desire
to break off relations with Foreign Powers." He is the official with whom the Doyen of the Consular Body did abandon negotiations, finding it impossible to get Any satisfaction. It appears in another part of the report that lekin runners have been entering the Settlement to collect unlawful duties, and that but for the watchfulness of the police, so strong is "the inert resistance of the neighbouring local magistrates," this breach of treaty would be more frequent.
From the Health Officer's report, we glean many interesting items of in- formation. Its burden is that prevention | is better than cure. Tubercular disease is rampant among foreigners as well as natives, and a public milk sterilising station recomiended. Dr. STANLEY makes one comment that perhaps deserves particular attention here, viz.:- ›
"Regarding the influence of public criticism on Municipal sanitary work, errors of omission and commission being announced without excess of charity, it may be noted that efficiency in detail of obvious measures tends to be im- proved thereby, but that it causes a stagnation of true effort. Popular sympathy with sanitary work is much to be desired. Requests for sanitary inspection and help in sanitary matters should be more frequent. The public should look upon the Health Officer and Sanitary Inspectors more in the light of sanitary advisers, easy of access and always ready to attend to their wants, rather than a sort of policemen on the look-out for some sanitary
crime."
Another comment by biur is rather depressing reading for us. He says, "Once plague has obtained a hold, there are no known sanitary measures capable of coping with it, as is shown by the sanitary history of Hongkong and Bombay." Further cou- ments hold out little hope of Shanghai taking the view of our local Chamber of Commerce, that the northern port's re- strictions on shipping were uunecessarily
stringent."
A SHANGHAI COMEDY,
CHINA OVERLAND TRADE REPORT.
Detective Department of the Municipal | facto infamous and incapable of testifying, Police, who was moreover acting as the Although the judge rebuked Counsel the actual prosecutor, while the defence had examination which afforded the only engaged as their legal advisers two American practicable means of solving the mystery was Counsel, well-known in Shanghai, who in the not proceeded with, nor was the Chinaman words of the Consul General trying the case who had handed him the packet, mad who were prepared to use 'every legal techni- it was stated was at hand, produced. It caliy which could be urged in favour of the did, however. turn out that the detective had accused; " and with reference to whose con- taken the packet to the Hongkong Bank, tentions he added That in recognition of whe it was found to contain the original the sanction which the law gives to such draft, is it had been handed to the lady and procedure there has been patience and without any endorsement, and therefore of more or less resignation and submission
no negotiable valde. With regard to the even to useless argument, to superfluous other contents of the box consisting of oratory, to unnecessary and uncalled-for valuable jewellery the ex-constable said invective, and to unasked-for advice and that he hid been told by the accused to mistaken definitions and conclusions as to the sell it; he had taken it away for the duties and authority of this Court." The lady purpose but had done nothing, when he had been staying at the Astor House Hotel, was accosted by an American dealer, who lately all alone, for one of the peculiarities asked him about it, and when he expressed of the case was that her Russian husband some surprise at his, the dealer, knowing does not appear to have taken any interest anything about the affair the latter, tolu whatever in her proceedings from first to him he bad been given his instructions and last. She had a considerable amount of knew all about it, It had been intended money in her possession, and, apparently to call this alleged receiver as a witness, but acting on the advice of her friend went to he being already charged, his Counsel the Hongkong Bank, and exchanged it for objected to his appearing this being a a draft on the United States for something reasonable objection he was not called. The over thirteen thousand dollars gold. The line of defence adopted by the Counsel draft was payable to herself, and one of the for the accused was equally comical with curious points in the finally seems to have gone to America. married, he held, could not posseus any case is that she the rost of the proceeding. The lady being without taking steps to stop payment, or property, and therefore it was clear nothing taking any further notice of the affair. The could have been stolen. It is right to su wife of the man accused being asked as to that the judge at once scouted this silly the possible reason suggested that she was a contention without calling on Counsel to woman accustomed to act ou impulse. produce evidence as to the lady's coverture, She had acted all through, in fact, as her own mistress, and there was nothing to show that her presumed husband in any way interfered in her affairs. Overruled but unabashed the Counsel then proceeded, to teach the Court its business. It was, so it was alleged, trying an American citizen according to English law for a pretended offence against a Russian subject! It was quite true that American Courts in America did exactly the same thing, but that was no matter, the American Consular Court had been instituted to administer American Law, and had no right to take its pre- cedents from modern American. Courts, which it was known ignored the Common Law. In a British Court the presiding judge would, as a matter of course, at once have suspended the offending Counsel till at least he bad withdrawn his remarks and apologised, But American practice is against such summary methods, and the Counsel was permitted to the best of his skill to argue out this astounding theory. Fortunately the Court was equal to the occasion, and permitted Counsel to argue himself out, and finally wound up by stating in the finding that although a freer hand had been given than was perhaps proper and permissible, as a reward it hoped that in the future there would be a clearer understanding that American Courts under extra-territoriality are to be guided by the
The only direct evidence connecting the accused with the robbery was the testimony of the former constable in the British Consulate on the Yangtsze. He had been tried and found guilty, largely on his own confession, in the British Supreme Court. and sentenced to a term of imprisonment, He had, he said, gone over the river one day to fetch some things from the opposite shore, and on his way had fallen into the water, and got his clothes wet. Calling at the hotel bar to have a glass to warm him. self somewhat, the accused had apparently out of pity asked him to his house where he could lend him a dry suit of clothes. This was not denied. When he got there the accused and his wife commenced, according to the witness, to talk over the lady's affairs, and told him how she was coming to dine with them the following night, and gave him the number of her room and described a box which he could go and take and bring to them, describing the contents. It was not denied that the accused had spoken of the lady and her wealth, but it was explain. ed that the purport was to give the ex con stable a high opinion of the friends with whom the accused associated. At all events the ex-constable, however he knew of it, did that night go to the lady's room, and steal the box.
(Daily Press, 30th March.) A comedy recently enacted in the United States Consulate at Shanghai throws a curious light on the conditions prevailing at that cosmopolitan port. All the characters represented belonged to that Bohemian class more usuall- u dence in the recently settled Western States of America than in the older communities of Europe or Asia and the differences in the ordinary procedure of English and American Courts lent a tinge of variety to what would other wise have been a merely sordid case. A lady, formerly a native of the States, but recently married to a Russian subject, who did not, however, appear in the case, had been the victim of a robbery wherein goods and papers of considerable value had been abstracted, but the lady principally in- terested having, apparently from soms According to the ex-constable he at once freak not explained, thought fit after the proceeded with the box to the accused's robbery to proceed to America without house, and the latter proceeded to open the having instructed anyone to appear for her, box, and took out some jewellery and a The other pleas being practical, that the Municipal Police in the interests of law packet, which the accused said should be uncorroborated testimony from a criminal and order appeared as the prosecutors. The returned to the lady as it contained some witness could not be taken as conclusive, actual culprit was a British subject who divorce papers. All this was denied by the and that there was no proof as to the had at some period been constable in a accused, who was examined, but no attempt identity and the ownership of the goods, the British Consulate, and had since bean seems to have been made at cross-examina- only person capable of proving these points living about Shanghai mainly on his wits. tion. A detective was afterwards examin- being the lady who had left Shangbai with- He had confessed to the crime, but had im-ed with regard to a pocket, but the out taking any steps in the affair, were of plicated as the instigators two Americans, examination was objected to outh apparent course. allowed without demur;
and on man and wife, who were moreover intimately frivolous contention that the detective these points the Court, after a due consider- friends of the lady barself, and at the time had been in Court during the examination ation of the circumstances, dismissed the of the robbery were actually entertaining the of other witnesses, during which, however, case. The whole case is, however, an in- lady at dinner. The two chief witnesses for nothing whatever had been mentioned structive instance of the occasionally comic the prosecution were the actual thief at the about the finding of any papers. The situations brought about by the conflict of time undergoing a term of imprisonment Counsel for the accused further held jurisdictions in a community where there for the crime, and the Inspector of the that the witness being a detective was deare as many jurisdictions as there are
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