Mr. Burlingame to Mr. Seward
No. 77.]
Legation of the United States,
Peking,
June 2, 1864.
Sir: I have the honor to send the papers
(marked A, B, C, and D) in the case of James White, who was tried and
convicted of murder in the consular court at Shanghai, November 23,
1863. I issued a warrant for his execution, but before the time arrived
he made his escape, (see despatch from Mr. Seward, marked D,) and has
not yet been retaken. Mr. Seward calls my attention to his despatch to
the department, under date of February 5, and says he would feel obliged
if I would add something to his representations. I do not think that I
can add anything to strengthen his statements. His language is
exceedingly warm, but you would pardon him if you knew how he was put to
it to get on with the limited means furnished by the government. He came
up here a few weeks since quite in despair, and determined at once to
resign. I begged of him not to do so, but wait the action of the
government. I do not know how I can state our needs out here more
strongly than I have already done. In my despatch No. 25 I gave the
force and the pay of the English out here. Now we have the same laws to
execute, and the same diplomatic questions to consider. The English, in
addition to their great force in China proper, have a superior court at
Hong-Kong, where great trials take place; they have an attorney general,
to whom all legal questions are referred by the minister and consuls. We
have nothing of the kind. The consuls in the first instance meet the
legal questions, and then they are appealed to me. I am compelled to
decide them that business may go on; but while my decisions are in the
archives here, and at the consulates, it has been physically impossible
as yet to send them to the government. This is true also of my
diplomatic cases. In the concession cases, the flotilla, the Scotland,
and Burgevine affairs, and the efforts to secure action against the
southern cruisers, I have only been able to give you the merest outline
of their history. Dr. Williams has all he can do in the Chinese
department—indeed he needs an assistant. I have, therefore, no one to
write for me. Sir Frederick, who has precisely the same questions to
consider, has three interpreters, two attachés, and ten consular pupils,
and he keeps them all busy. The Chinese government, to conduct business
with us, besides their natives, have a numerous staff of most
intelligent foreigners in the customs service. Mr. Hart, who is at the
head, receives about as much salary as our President; the assistants
receive $9,000 per annum, and are furnished with a house to live in. I
do not ask that our salaries shall be raised—save only the salary of the
consul at Shanghai—but that the force shall be increased to the
necessary working force. I am for the strictest economy, both at home
and abroad, to relieve the government somewhat, and yet meet our wants.
I made, in despatch No. 57, a most careful plan for the use of the money
now in hand here. I do hope that you will see to it that that plan shall
not fail for the want of consideration. I invoke again your personal
interest in it. I shrink from making suggestions in the present
condition of our country, and yet I hope, by the careful manner in [Page 396] which I have made them, that I
have now sufficiently the confidence of the government to secure
respectful attention to the recommendations I am, from time to time,
compelled to make. I feel deeply grateful to you and the government for
the attention, in the storm of home affairs, you have given to the
little I have been able to do.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State.
A.
Court of the United States
Consulate,
Shanghai,
November 23, 1863.
United States
vs. James
White.
James White is committed for trial for a capital offence, for that,
(as the inquisition duly holden saith,) at this port of Shanghai, at
or about the hour of 10 p. m., the 17th instant, he committed an
assault and inflicted a mortal wound upon the body of one Samuel
Webster, which was done feloniously and of malice aforethought, and
resulted in the death of said Webster.
GEORGE F. SEWARD, United States Consul,
acting judicially.
[Untitled]
United States Consulate,
Shanghai,
November 18, 1863.
An inquisition to inquire into the
death of one Samuel Webster.
Henry Brunk being duly sworn, says: I am employed at Butler’s house;
I collect his rents; I was in bed at the time of the murder. At half
past nine I was in the bar-room with Webster, Smith and White. We
were talking in a joking way. We stopped there till about fifteen
minutes of ten o’clock, when we went up to bed together—i. e. Webster and myself went up firsts—
Webster first, I after him—and began to undress. Webster went
outside on the steps and saw White in the yard coming towards the
room. Meanwhile we both undressed and went to bed. White spoke to
Webster, saying that he had some business with him and wanted him to
come down in the yard and have a private talk with him. Webster told
him he had better go to his room and go to bed; that he was drunk
then, and that he would see him in the morning. White still insisted
on his going into the yard. I then spoke to White, advising him to
go to his room. He replied it was none of my business—it was a
private affair between Webster and himself. Some ten minutes
elapsed, during which time White was urging Webster to go into the
yard with him. Webster replied, wait until morning. During the time
they were talking Mr. Smith came into the room and went to bed. I
tried several times to pursuade White to go to his room, but he
would not. He then took two or three steps towards the door, at the
same time asking Webster if he was going to give him a share.
Webster said he would, and then I heard the report of a pistol. I
heard two shots and then rolled over in bed, with my face toward
him, and raised myself up in bed, and then he fired the third shot.
Webster was at this time in Smith’s bed. I sprang out of bed and
caught the pistol with my right hand, [Page 397] and put my left on White’s shoulder. I
wrenched the pistol from him and threw him on the floor. I called to
Mr. Smith and gave him the pistol; I told him to open the window and
call the bar-keeper, who came up and I gave White in his charge. I
then went to Webster and asked him if he was wounded. He did not
reply. I then put on my coat and shoes and went and called Mr.
Butler. When I came back, Webster was dead. I think it was four or
five minutes from the time I went for Mr. Butler until I got back to
the room. We then sent for the jailer at the United States
consulate, and gave White in his charge.
Samuel Smith being duly sworn, says: I am at present in the
Sung-Kiang force as military storekeeper. I am living at Mr.
Butler’s. I was in the room at the time of the murder. I saw White
fire the two first shots directly at Webster. I saw Webster after he
was dead. White wanted Webster to go into the yard and settle some
dispute they had. Webster declined, and said he would see him in the
morning. White was sitting on my bed when he started towards the
door; and turning, asked Webster if he would go into the yard and
settle the difficulty, or if he would give him a share. Webster
replied he would. White almost immediately pulled a pistol from his
breast pocket and fired at Webster, who was sitting up in bed at the
time. Webster then sprang over on to my bed and cried out to White
not to shoot, and got out of bed just as White fired the third
shot.
Dr. H. W. Boone being duly sworn, says: I went to see the man
Webster, and found upon his left breast a bullet wound. The ball
must have gone directly through his heart. I was shown a wound in
the groin, but it did not look to me like a pistol wound. It appears
like some old disease. The wound in the chest was sufficient to
cause death.
R. W. BOONE, M. D.
Shanghai, China,
ss:
An inquisition taken for the people of the United States at the
United States consulate in said Shanghai, the 18th day of November,
A. D. 1863, before B. R. Lewis, deputy consul for said Shanghai,
upon the oaths of H. K. Drake, B. Binninger and J. L. Dubois, good
and lawful men of said Shanghai, who being duly sworn to inquire on
the part of the people of the United States into all the
circumstances attending the death of Samuel Webster, and by whom the
same was produced, and in what manner, when and where the said
Samuel Webster came to his death, do say upon their oaths, as
aforesaid, that one James White, of said Shanghai, on the 17th day
of November, 1863, at ten o’clock on the evening of that day, with
force and arms, at the said Shanghai, did then and there
feloniously, violently, and with malice aforethought, make an
assault upon the body of Samuel Webster, there present, and that the
said James White, with a certain revolver which he held in his right
hand, violently, feloniously, and with malice aforethought, inflict
a mortal wound upon the left breast of the said Samuel Webster which
caused his instant death. And so the said jurors do say, that the
said James White did feloniously kill and murder the said Samuel
Webster, against the peace of the people of this port and their
dignity.
In witness whereof, as well as the deputy consul, the jurors
aforesaid have to this inquisition set their hands and seals on the
day of the date of this inquisition aforesaid.
B. R. LEWIS, Deputy Consul
[l. s.]
H. K. DRAKE. [l. s.]
BYRON BINNINGER. [l. s.]
JAMES L. DUBOIS. [l.
s.]
[Page 398]
B.
United States Consulate
Court,
Shanghai,
November 23, 1868.
In the cause in which the United States is plaintiff, and James White
is defendant, charge murder, before George F. Seward, consul,
Charles E. Hill, L. H. Stoddart, J. Schenck, C. P. Blethen,
associates.
The parties being before the consul and the associates duly sworn,
the charge has been read to the prisoner, who has been asked whether
he pleads “guilty or not guilty.” The prisoner in reply says, “I
plead guilty.” The consul advises him to plead not guilty, which he
does; and on being asked what he had to say, replied as follows: “I
was drunk, and did not know what I was doing. Webster was owing me
money and would not pay me; he was sitting upon the bed, and feeling
under his pillow as if to get a pistol. I have no witnesses, and
nothing further to say. I confirm my evidence given upon the
inquisition.”
Henry Brunk being duly sworn, says: I repeat my evidence given upon
the inquisition. White appeared to be intoxicated; his clothes were
muddy as if he had fallen down in the mud; his pants were quite
muddy; when he came into the room he staggered some. Webster had no
pistol; I examined his bed after the murder. Webster was shot while
in his bed. I did not see the first two shots; I was lying with my
back towards him. White seemed to be a steady, quiet person; I never
knew of his being engaged in anything of this sort before.
Samuel Smith being sworn, says: I was present at the murder, and
repeat my evidence given on the inquisition. White was very drunk at
the time. One shot took effect in the thigh; we supposed at first
that it went in the groin; the third did not take effect. I have
always seen White very steady, but have only known him a short
time—say a month. I never heard White and Webster have any angry
words together; they were always very friendly. Webster was sitting
up in his bed with his hand under his pillow as if feeling for a
pistol. I think that was what made White shoot. I cannot swear to
the pistol; it was like the one produced in court. White was about
four paces from Webster when he fired. He fired before Webster had
taken his hand from under the pillow. Webster’s tone was angry when
he rose up, and said,
“Yes, I will give you a share;” and with that he put his hand under
the pillow. He lifted up the pillow as if looking for something
under it. He usually carried a pistol, but had none at the time, as
his bed was examined and none found.
Judgment.—The court finds the prisoner guilty
of murder, and assesses upon him the punishment of death by
hanging.
GEORGE F. SEWARD, United States Consult
acting judicially.
Approved:
LYMAN H. STODDART,
CHARLES E. HILL,
JAMES SCHENCK,
CLEMENT P. BLETHEN, Associates.
[Page 399]
[Untitled]
United States
Consulate,
November 23, 1863.
I hereby certify that the foregoing minutes on inquisition to inquire
into the death of one Samuel Webster, and of the trial of one James
White, are true and correct copies of the originals on file in this
consulate.
In witness whereof, I have hereunto set my hand and seal of this
consulate on the day and year last above mentioned.
[l. s]
JOHN L. SEWARD, Clerk of
Court.
C.
Mr. G. F. Seward to Mr. Burlingame
Consulate of the United
States,
Shanghai,
November 25, 1863.
Sir: I have to perform the duty of
enclosing the minutes of a consular court held on the 23d instant.
The charge was that of murder. The prisoner plead guilty, but
believing that he was not aware of the technical significance of the
charge, and hoping that extenuating circumstances might be elicited,
I advised him to alter his plea. This he did; but nothing was
elicited which would justify the court in bringing in any other
judgment than that of death.
I am, &c., &c., your obedient servant,
GEORGE E. SEWARD, United States
Consul.
His Excellency Hon. Anson Burlingame,
United States Minister.
D.
Mr. G. F. Seward to Mr. Burlingame
Shanghai,
February 15, 1864.
Sir: I have the honor to acknowledge the
receipt of your two despatches of the 26th ultimo. I take occasion
to inform you that James White, convicted of the murder of Samuel
Webster, broke jail about a week since. I have offered a reward for
his recapture, but as yet no trace of him has been made known to
me.
I have taken the occasion to write to the Secretary of State
concerning the lack of jail and office accommodations for the
consulate. I enclose you a copy of my despatch, and would feel
obliged if you are able to add anything to my representations.
I have the honor to be, &c., &c., &c.,
His Excellency Hon. Anson Burlingame,
Minister Plenipotentiary, Peking.
