No. 4945.-MAY 14, 1879.] Bolleitor), prosecuted; Mr. Ng Choy, in- structed by MrStephens, of Messrs Stephens and Holmes, defended the prisoners.
The jurors were:-Menara Albert Gult EOW, W. H. Forbes, D. Gillies, Frliz A. F. Groblen, W. Roiners, N. J. Ede and Robert Walker, te
Omar, a teacher of the Malay languages, residing in Circular Road, interpreted the Malay into Siamese, and Li Hong Mi of the police court, interpreted the English into Malay*******
On the Court resuming at 8.30, Mr Machado, of the Harbour Master's Office, proved the register of the ship. r.
Mr Gutierres, clerk at the Mercantile Marine Office, produced a copy of the articles showing the names of the crew of the Kate Waters,
up, who had been a seaman on board the barque in question, was then called and in cross-examination said that it was in consequence of the blow that the boy received from Brahim that he jumped overboard. This was the only now point azising in his testimony. Generally, he
tion, whatever, he contended, that they took these men who were with them on shore on the uninhabited island for the pur- pose of murdering them; the talk about getting wood and water was mere pre tence. Telling them to put down their buckets and pick up wood, an opportunity was got of striking them on the back of the neck with an axe, and they were despatched. The evidence against them for murdering the carpenter was not so perfectly clear and decided as he could have wished, but they had the confession of the men conveyed by their using the same word, Suddab,"
His Honor pointed out that they used the same word with regard to Peter, who was alive and wall to-day.
Mr RossellYes. But that was when they were coming away from this desert island and leaving him there. It was equivalent to "he is done for:" or "it's all over with him." They had belleved that, leaving him there, he was as good as dea) Fortunately for the ends of justice he was not left to parish on that island.
His HonorHave you considered who case with the carpenter's death at all?
THE CHINA MAIL.
corroborated the evidence of Peter and ther it is worth while encumbering your | ing their verdict they were to give no weight pre the cook, the evidence not haring law remained as it now stood so long was it food, and therefore we killed him, "The
Brahim, whose statements we published yes- terday in a condensed narative form.
Badesa, another seaman, a native of JATA, Who Was on board the vessel at the time, related what occurred, and corroborated the avidence given by the other witnesses. He said he raw John strike the cook on the head with an axe, and he afterwards saw the dead body on the beach, John asked him to bury it, which he dll. Ee further stated that he saw Brabim strike the boy on the head With an axe, which caused him to jump overboard.
His Lordship presumed the Attorney General did not intend to examine this witness at great length, but had merely called him so that the Counsel for the defence might cross-examinɔ him. That was the ustial course, once the facts: had been proved.
The Attorney General said that was so. Mr Ng Choy then proceeded to creas examine, but neither elicited any new facts Dor shook the general stability of the man's story." /
Trus, his Lordship said in blood, and John asked me and others to go that could be used on behalf of these men it Mr Ng Choy had very judiciously the charge.
confined himself to the general principles conclusion, the lives of these men were in into the saloon and take coffee. After hay- whose lives were at stake being held back.
Mr Ng Choy thanked His Lordship and which govern a prosecution of this nature, the hands of the jury, but no juror would ing my coffes I wont to bed. When I went the jury. At the outset he argently and and had very fairly laid before the jury allow any consideration as to the conse to bed John and Brahim went into the repeatedly pressed upon the jury, at the risk that view of those principles most in accord-quences of the return of a verdict of guilty captain's cablu and overhauled all his pro- of his frequent repetition of the caution beance with the interests of his clients. Mr to enter in the smallest degree into his party there. Brahim then gare, me £35, coming tiresome, that they were to utterly Ng Choy was quite correct in telling them mind in deciding what verdict he would and told me to keep it safe for them, He cast out from their minds any outside that the Court would, direct them in accor subscribe to. He looked to them as men told me not to gfre it to anybody, and Impressions with which they might have dance with the rules laid down in the passage of strong hinds and common sense to give when we landed we would share it amongst boome imbued concerning this case. If he had read them from a great authority such a verdict as the evidence called for, ourselves. When we arrived at Bankoks this was necessary for a jury in an ordinary on Evidence. But he had to warn them and to consider the evidence only in com- we divided the money amongst ourselves, case how much more so was it when the not to attach a meaning to that passageing to their decision. They were not to each getting $2.50.
John, the third prisoner, sald-It was lives of three men were at stake? They bad, which it could not, unless through overnight, give one shadow of a shade of a thought to according to their oath, a true verdict to give be taken to convey and which the writer what would be the consequence of their not only myself who killed the captain, but according to the evidence. When the news certainly never intended. It to convey. Mr verdict. They were to bury completely, all of us wore engaged in it. Sadeen and reached this Colony abuat this unfortunate Ng Choy was quite right in telling them or place far away from their minds, any Alli beat the chief officer on his head with Kate Waters affair, naturally accounts of that It was not his duty to prove his feelings or prejudices, or strong views they irons. The chief off car ran out of his the whole tragedy appeared in the loos! clients' innocence but the duty of the pro- might have as to the wisdom or expediency cabin, and they ran after him. When the papers, containing of course all faots that soution to prove them gality. This was of those consequences which follow a convic. Chlef officer ran out of his own cablu he could be brought to light with regard most clean the law, that the prosecutor tlon for murder. If they were imbued, ran into the other where we were. There to it, from one source or another. Those had to prove one, two or three of these with principles which, were they legislators, Brahim and On out him with a knife and who read these accounts could not help prisonera clearly guilty of the orimes laid would lead them to demand a revision of killed him. Then Hassan, Atal, and Awat After killing becoming imbued with certain notions and against them, or else the prisoners would the law on this particular matter, they were killed the second offeez. impressions of the unfortunate case. And be entitled to a verdict of not guilty. The not to allow those principles to obscure the them they throw the bodies overboard. therefore, what he particularly desired them Attorney General bad anted most reason impartial, clear, legal and logical view of the did not assist in throwing the bodies away, to bear in mind to-day was that, in considerably and wisely in saying he would not evidence and the evidence only which it because I was suffering from a core on my the charge connected with the mur was their duty to take, As long as the arm. The captain did not give us sufficient to, they were to dismiss from their minds, der of The Attorney General: I will not trou- they were to forget it they could anything come out as he had expected and had been their duty to carry it out without the slight ship was on a high ses, and there was a But still there were nix est regard to their own individual particular heavy rain. The captain would not allow ble the jury further with it. There is not and everything they bad ever heard of the instructed.. that strongth of evidence which there is on case, ava and except the evidence laid before very serious charges against the ac view as to whether there was call for us to go into the forecastle and he nailed. the other counts. Here he might call their them here to-day. He asked them to con- ensed, and to these he would direct amendment in the same or not. They must the doors. The captain was always beating one by one. All of carry out the laws as they are to be found me, the other two prisonera, and the whole attention to the fact that whatever allega aider the nature of the evidence, the obe their attention tions they had to make against the Captainracter of the witnesses. Feter, Brahim, On them deserved their most serious considera in the statute-book, not as they personally of us, because, he said, we did not know for ill-treatment and cruelty while under and Sudeen were members of the crew of tion. The first question was did the pri- think the laws ought to be found there, our work. All the crew.complained to, me the influence of drink, allegations which the Kate Waters. They were men who, soners or one or other of them murder the He himself had time after time to carry that they could not stand the treatment of he impressed upon them did not in any whatever happened on board that ship, were Captain. The jurisdiction, he might advise out laws which he would not allow to the captain, and Peter said "Come let us Hassan (the second pri way exouse or justify their conduct even there when it happened. They must, if them at once, was established. He had not remain a day on the statute-look had he kill the captain,"
After they if true, there was not the slightest suspl they did not set with their own eyes the the slightest doubt on that point. With the power to erase them. Bat it was not soner) undertook to do so. aion of inhumanity against either the first acts which led to the death of the officers regard to Mr Ng Choy argument for the for judges or jarozs to give their opinion as killed the exptala and offers the others or second mate; indeed one of them bad and others, the sinking of the ship, &c, cautions reception as gredible evidence of to whether the particular lawe they were took possession of the ship and navigated taken the part of a man the Captain had have been cognisant of what took place the testimony of those men who were on called upon to administer were good or the ship to Palawan. I know nothing of beaton, and said he was sorry to see any there and then; therefore he said they wore, board the ship when the murders took place, bad; it was for them to administer them navigation. Peter took charge of the com thing of the kind done. With regard to the so to speak, a sort of accomplices. If they he must tell them that the law was this as they found them; whatever their objec. pase and looked after the man at the wheel. Chiness murdered the crime was a most were bot.accomplices to the crimes alleged when an accomplice comes forward with an tion to these laws, their duty was to give all hands on board wers engaged in sailing dastardly one. They were perfectly harm in the Indictment, they came very near to account of any crime which is unsupported effect to them as long as they remained the vessel. Peter went into the captain's less men; even to the scuttling of the ship it. And they were all in the same boat, to or uncorroborated, the jury cannot convict law. If they did not like them there were cabin and brought out a watch, Brahim they had obeyed these men. But when the very serious extent. They were appre-on that evidence but if there are two accom- legal, proper and constitutional means in also went in and came out dreased just like prisoners knew they were going to a country headed together, and all except Peter had plices, and they by their evidence support every free country which allowed them to the captain. Brahim had a small cash-box where there were no white men, and where been charged at the Police Court with each other, the trustworthiness of their evid take steps to have objectionable laws in his hand and asked Peter to open it, he they were likely to get into trouble if they being participators in the felonies his clients code increases by geometrical progression, amended. There were ressonable and had a number of keys. When the box was were now called upon to answer. It would and their testimony Becomes not only recei proper means of manifesting their disap. opened I saw 35, which was banded over took these Chinamen with them, they in. duced them to go on shore at this therefore not be out of place, it, with therable but reliable; and when you have proval of existing laws, But assuredly toifaasan. Brabim took the revolver which three accomplices, between whom you hare contravention of them or non-observanos we got on the captain's cabin. Alli and On The Attorney General asked that he might uninhabited island and despatched them. consent of his Lordship, he read to them be allowed to amend the wording of the As directed their attention in this connec short passage from Taylor on Evidence, as no reason to believe there is any conspiracy, of them, or allowing their dissatisfaction took two swords, Atai who has run away the credibility and value of the evidence with them to Interfere with the proper dis too the other. The ship was then taken 5th, 6th and 7th counts, by adding the tion to the evidence of the witness Peter. to the testimony of an accomplice.
His Lordabip Yes, an socmplios.' : words having been recently employed There was every reason why they should
goes on increasing in geometrical progres charge of an important public duty, was not to Palawan. Mr Ng Choy then read Taylor's well-sion. As to Peter Augustin, his Lordship one of them. They would not allow any as seamen, to wit, within three months implicitly believe this man. He was not before the commission of the offence charg. one of the same race as the prisoners, that known passage as to the evidence of an did not see that he could in any way be re- private feeling on a subject on which there ed," and to substitute the words "whilst was one of the reasons they wanted to accomplice being received with o‹ution by garded as an accomplice. He had never been was no doubt great difference of opinion to flost on the high seas within the Juris silpnos him too ; he was not likely to screen the jury, who were not to believe the same charged with any participation in these interfere with their daty as furora; the diction of the Admiralty" for "on anthem; he was an intelligent follow, and if uncorroborated by circumstantial or other crimes. He was not found with the prisoners, world could never go on it private froaks Ininhabited Island" do. These technical as the jury were able to ree for themselves, evidence. He read a long passage as to the bat escaped and hid himself because they, or notions were to Infinence every man in amendments were allowed.
he spoke English extr-mely well; he was a general question of the credence, to be suspecting him as likely to get them into the discharge of his public duties as a From the citizen. He trusted they would take a bold This was the case for the prosecution. British-born subject. belonging to the given to witnesses of this class, in which trouble, wanted to kill him. No witnesses were called for the defence.Mauritius; he saw the Uhinaman murder Taylor pointed out that the question of very first Peter had said what he said and manly determined view of their duty, Mr Ng Choy Baked leave to direct his ed and knowing his own fate if he got into credence was of courts one for the jury now; the fury saw the straightforward way and if their intellects told them the men Lordship's attention to the rule laid down their bunds kept out of the way, and was The judge usually instructed the jury, that in which he gave his evidence. Although were gulity they would not hesitate in In the books as to the unsafety of convict saved by a series of fortunate circum- they were not to convict on the unsupp rt he was personally present when the mur bringing in a verdlot to that effect, leaving himself in the jungle and ed evidence of an accomplice. He ders or some of them were committed, that their private conscientious views as to the being taken c passing boat. This man, he particularly save that of accomplices The first few criminally liable for what was done. Higit stands entirely on one side.. called upon them to bear in mind, bad witnesses were purely formal of course, and unwilling presenes was nothing; Bie mind-The jury retired at 1.15 a. m. and re- never been charged with any participation had nothing to say about the charge. as well as his body must be with the mur turned after a very brief absence, not more in the crimes alleged against the prisoners. There was no doubt the Captain was derers before he made himself an acoom- than five or six minutes As regards the question of jurisdiction killed, The question was, who committed plice. He must either have taken part in the ship had, on the best evidence, the murder? What was the evidence or assented to the murders; and there was One reason been proveli a British ship; although against the prisoners? Absolutely nothing. no evidence he did either. her papers had been lost the duplicates Great weight had been laid on their use of why he had not gone with them and why of her register do, were equally good evid the word "Suddah." Now, that word they wanted to kill him, and why they were Or "have here today, perhaps, was that the man ence. The law, as his Lordship would simply meant," have done," instruct them, said, that wherever the fag finished." They did not say what they had was of a different race, he was "an African, of England was, the Admiralty had jurisdio done; the worst meaning attachable to it born in Mauritius," and of a different tone could not be found? He hoped not.
Mr Russell, to clear away the error the England every person in that ship owed learned Counsel for the defence seemed allegianco to the jaws of England; every to have fallen into, read Russell on Crimes person who committed an offence anywhere on this subject. That eminent authority in the world under that flag was as Hable remarked that Mr Justice Hayles' remarks to punishment by the English Courts as if were to be taken, and were no doubt he had committed the offence in England; intended, as a caution and not as a rule, and was triable before Courts of any He had proved in this case that the Captain colony under the Imperial Act which made and the officers were dead before they were the Admirality jurisdiction extend to Colo thrown overboard. He had laid testimony nial Courts. These men, for their offences before them as to the existence and dis. committed in the Pacific Ocean, were position of the dead bodies. With regard as answerable to this Court as if they to the Chinese boy, he did not claim that had committed the crimes in the Queen's. his death had been caused by any blow Road; this was beyond doubt, as is Bonor He referred the struck at him by either of the prisoners or would instruct them. by any one else. But it was proved that jury on this polat to the report of the osse, it was because of the threats of John that Regina e Anderson (the Garonne case) re- he jumped into the water and was drowned ported in vol. 1, Crown Cases Reserved Be quoted a case in which Justices Heath, the reference being to the Merchant Ship Gibbs and Bailey had held that where a ping Act, 207 section. Mr Russell concluded woman, in bodily four of violence from her by again referring them to authorities husband, which she had reason to believe bearing on the question bound up in the would cause her death, jumped from a count which charged them with the murder window and killed herself, the husband was of the Chinese boy, producing several found guilty of murder. The Court ruled decisions to prove that, if under a wall. that if the death was partly due to his vio-grounded apprehension of violence which lenos and partly due to her fall, he was would result in death, a person commits equally liable for murder. Mr Russell was an sat which causes the loss of his life, the about to proseed, when
person who so threatened him is an Hable His Honor said, the Court would have to be convicted for murder as if he had to adjourn; they could not finish to-night.stabbed or shot him, or done some other The Acting Attorney General said he sat which directly caused his death; He understood the jurors desired to go on,ressed strongly on them the fact (The jury concurred.) He would not take clearly proved that the Osptain's death give a more correct and connected version evidence that he was the ringleader of the and time, the third prisoner only was found hung at an early data), John the third
When we duly arrived and bad anchored, Peter ordered the hole to be made in the ship, which was accordingly done aud the ship sau The three boats were lowered down and we all get intothem. We anchored near Palawan. We met Baokoka boat which we followed. Patoranked Wicro they belonged to and what sort of a place it was, and then we resolved to follow her. We fuliowed the boat and went into the Palawan river. A Bankoka man told ine that if we took the Chinamen into Ban AUL koka we would get into trouble. Brahima and On killed the carpenter. The boy in the boat was killed by Brahim and On. That is all I have to say
ing for murder when no dead body was stances, his after they had gone, by a submitted that they had no evidenco here would not in the slightest way render him punishment murderers inour by the law as Hassan, Peter, and myself killed the cook.
found.
Ris Bonor said there was a rule so laid down by Hayles, and he could not say anything against that authority Bow as he had only an hour or so quoted his opinion on another subject and praised his judicia! wisdom. But was the learned ounsel aware that Russell on Crimes held quite differently. To take an instance, would "the learned Counsel contend that if one man blew another up with gunpowder, blowing the body into fragments, that no charge
would lie for murder because the dead body tion; if a ship sailed under the flag of was not to be gratuitously tacked on by the of thought. His Honor proceeded to quote others unknown did then and there marder outrageous kind, destroying that which
jury to the condemnation of the prisoners from Baron Alderstone that when murder Christopher Bowen, first mate of the ves at the bar. In the same way there was not or any other crime was proved circumstansel), they were all found guilty
His Bonor said that that would be un- the Attorney General having agreed to a verdict of not guilty on that
necessary,
count.
On the third count (that they together with other persons unknown åld, same place and time, murder Henry Haydon, second mate of the vessel) they were all found guilty.
His Lordsbip, having retired and assamed the black cap, addressing the prisoners by On the first count, (that they together name, said You have all three been con with others unknown. did murder William victed upon evidence which is as conclusive Frederick Gelee, on board the British to my mind as evidence can be, of crimes barque Eats Waters, whereof he was mas the most dreadful which have been known ter, on the high seas, Nor. 6, 1878), the here for some time. You have been con- jury, who were unanimous in every finding,victed of the murder of the captain, and the first and second officers of your ship, found all the three prisoners guilty.
On the second count (that they with and you have committed & piracy of a most you could not make use of and stealing s me few things you wanted. It is usel sa for me to impress on your minds the suor. a tittle f evidence as to who committed thetisily, not only must the circumstances be murder of the officers. These three men cqnaistent with the theory that the pri
mity of the crimes. Their very enormity seemed to have been pounded upon by chance, soners committed the offence alleged,
shows that all of you are completely dead circumstances must be
to humanity and entirely biled to any sense and charged. There was nothing more to but the whole
of what is bad and wicked. That consider- connect them with the murders than any or inconsistent with any other rational conclu-
On the fourth count (that immediately ation must satisfy brary-thinking persons all of those who were that day on board the sion than that the prisoners at the bar Kate Waters. Be was about to address committed the crime, before the jury are after the commission of the above felonies, that the severest penalty that can be in- himself to the laged murder of the car entitled to find them guilty. If the sir they, with others unknown, did piratical flicted must be inflicted for the protection cumstances were at all reconcileable with ly, feloniously and violently steal the said of life and property at sea. You have been penter, when
the Innocence of the prisoners they were vessel," with her. apparel and tackle, and found guilty on the first count of the mur- entitled to the benefit of the doubt. A 500 boxes of oil, 240 bales Manila hemp, der of William Francis Giese, the captain large portion of the evidence in this case 500 rolls of China matting, 800 bags of of your ship, and for that each of you must was formal; he would pass that over it rice, 84 bundles of rattans, 2 compsases, 1 pay the penalty of his life. The sen Me Ng Choy said he was quite prepared proved that the Kate Waters was flying telescope, 1 pair of binoculare, 1 ensign, tence of the Court in that you Alll, Hassan to leave the charges in connection with the under the British dag, and those men, 1 lamp, I revolver, 2 awords, and $35 in and John, and each of you be taken to the death of the cook and the Chinese boy to therefore, were amenable to this Court and money) they were all three found guilty. place from whence you came and thence to On the fifth count (that they being the place of execution, and that you be the jury, reminding them that every word to the law of England. The evidence they they had heard from the witnesses was the bad obiefly to deal with was that of the seamen on board the Kate Waters did on executed at such time and place as His evidence of accomplices. He again quoted men who were with them on the ship the high seas, and under the jurisdiction of Excellency the Governor shall appolut, and from Russell on Crimes as to the caution to The learned Counsel had not gone into the the Court of Admiralty, murder one Asing that you be hung by the neck till you be he observed in receiving the evidence of evidence. The prisoner at the bar would on or about November 20th), the third pri- dead, and that your bodies be buried in such direct. His Lordship in the same formal accomplices, and presumptive and circum. lose nothing by his reticence. Often in soner only, John, was found guilty, the place as His Excellency the Governor shall On the sixth count (that being seamen manner passed sentence of death on esch isntial evidence, vol. iii. p. 312. He re-03888 of this kind nothing could be more others not guilty. minded them that by the law of England Prudent than a substitution of the art of the prisoners' mouths were shut. Had that silence for the art of oratory. One of the on board that vessel, did murder one Kam for the murder of the mate, then for not been so, the jury might have heard witnesses in his evidence had stated that Po Lo, same place and time), the jury by the murder of the second mate; these ware
against all the prisoners.
ment. (A nolli prosequi was entered in the very different story to that that had been John said: "If I had not killed the cap. direction found a verdict of not guilty the second and third counts of the indiet told them; and while he would not say that tain, we would have got plenty beates.
On the seventh count, that being seamen fourth count, to save the Court from the It was so; it might have been that his cliente Those words were important, as they implied would have been in the witness-box to an admission of the murder and bore out on board that vessel, they did murder a ridienious position of sentencing to s term to a certain extent the circumstantial Chinese boy, name unknown, este place of imprisonment three men who will be. of what occurred, and those who had given
prisener was formally sentenced to death was a premeditated murder, deliberately evidence against them to-day would have mutiny and the murders, even if he did not guilty; the other two not guilty. planned, and carried out jointly by these been in the dock charged with the crimes strike the fatal blow. His Honor pointed Thus Allt is found guilty of three mur on the fifth and again on the seventh count, The Attorney General went over the men. Whether they had also pre-arranged now laid on the shoulders of his clients, out that the question who really struck the ders and the piracy's Haasan the same; while the sixth count was abandoned as against asom in the slightest way concerned or different counts again, to impress them on to kill the other officers, or whether, nos in conclusion he remarked that he believed plows that killed the Captain was quite John is convicted of five muram and the all the prisoners. The prisoners did not the minds of the jury. With regard to the having theted blood, they had run he had not been able to do his duty to his immaterial. If these three man plotted and piracy.
conspired together to upset the authority The jury having given fa their verdist troubled by their position, receiving the @firat count it had been plainly proved that Amok" as the Malays were liable to do, was dients as he could have wished ; but he had of the Captain in that ship, and agreed that and stated that they were unanimous in intelligence of the verdict and the inter
not to be easily gleaned from the facts done all he could according to his poor the Captain whe murdered the question before them. But the result was the same ability and skills. He reminded them tha the in this violence should be used, and If in their findings, his Lordship said it struck pretation of Judge's remarks with the Jonty bed in than the Prisoners in the end, for if it was proved that they lives of the practers are using such violence the Captain and others him from the wording of the ordinance utmost indiffersuce.
The Court did not rise unili about three jointly engaged in that murder did any had agreed to seize the ship, that is to do hands. They should be satisfied by clear were killed, it was not competent for any that sentence should be pronounced forth. one of them commit it? They bad heard an illegal act, and to use what violence was legal evidence that they were guilty didn't mean that we should go this
of them to come forward, and way:10, with,
a.m, and then adjourned till Thursday, the evidence of the conversation in the fore necessary to socomplish that end, and if in its before they took the responsibility of con-
Mr Russell believed that was the usual asse had thus occupied the Court and jury 18 hours. His Honor thanked the jurors castle, the reference to tron bare being made accomplishment these men were killed, then rigting them. They should be satisfied length. The not of any one of those practice. ready they had heard of the sudden rush they were all guilty of murder with malice with nothing short of the most connected, who led them was quite comprisoner separately on each count; he was long period, and remarked that the Coll joined was the act of each Hls Honor said he would sentence each for the attention to the case for such a on deck at night, the slamming of doors, the aforethought, even if the hand of no one of clear, legal proof that they were guilty. directions given by John and Hassan to them realy strack the fatal blow. He had it was not sufficient thee tuer mould potent for the jary to find these three determined no far in the procedure should could not but be grateful for the sell call the the crew up of their going to the no doubt his learned friend for the defence have no moral doubt as to the suit men guilty, although at the same time they lead to results arising in this case in carry sacrifice they had displayed, and tlie rest Captain's cabin, and of the housing would endeavour to prove that the murders of the prisoners they were not hers believed that another man struck the blow, tug out the effect of this verdict, which willingness they had shown to fully hear "It la finished," ("Buddah) when were justifiable it ever they were committed to day to consider the question frors that is Lordship went into the evidenes should not happen. they came out, They had heard of but that fa point of fact that they never point of view. There might be, even "Saddah" ("It is finished") used by the laying considerable stress on the word the first and second prisoners coming were committed at all. He simply saked decided probability of these men being the
THE PRISONERS' STATEMENTS. out from the Chief mate's quarters, them to look carefully to the evidence as a murderers; but that was not sufficient, for prisoners at or shortly after the time of the The prisoners being called upon to say: pursuing him after having besten him in bin bank, When asked a short time after hole, and reminded them that is was not a man was not to be found guilty and the Chinese boy there was no svidende to gentenos of death should not be passed upon i
murder With regard to the murder of whether they had any reason to show why To the Editor of the "'Ohtra MAIL." slight or frivolous doubs which a jury was hanged on a mere supiston. In esas of
Hongkong, 18th May, Warde where is the chief mate," they gave called upon always to give the prisoner there and death the whole sase had to be connect the second prisonce with it to them,
BIE,Sir John Smale, our worthy Chief the same answer" Buddah." What ou benefit of, but a reasonable doubt He sub legally formally and completely made out gested whether it would not be safer to find Alll, the fret proner, sald-John forced struction was the jury to put upon all this mitted that there was no reasonable doubt before a conviction, could be entered. It guilty only the first and third prisoneras me to go and kill the captain. I was afraid Justice, has been always so considerate He contended that the sun rosation in the in this case, and with confidence claimed was not for him, at them to prove their one of whom had made the boy jump out of John; therefore went with him and towards the public, or those of them whe forecastle clearly enough proved that these conviction at the hands of the jury, on all innocence, but for the prosecution to put of one boat by threatening to kill him, the three other men who ran away. Brahim serve on the jury, that whenever the sessions inen premeditated the murder of the Captains the counu, ave that concerning the carpen their guilt beyond doubt. He left it for refusing to allow him to get into the John also gave orders to beat the chief more convenient Cords
other directly leading to his death by and On were also concerned in the cass. fall on a mail-day they are postponed to s Smoking their opium pipes there, they plauser, on which count he was content that the jury to say whether this had beez other boat. With regard to the seventh offices. When I went aft I saw the captain
Perhaps his Lordship will be as con and a conspiracy to murder him, and to -- seise the ship j the sudden rush on deck as they should return by díreation of the Court | done ; if not, if there was any doubt, tas | count, killing the dock, John only seemed | lying there quite dead. I beard John 'ark | siderate this time, especially aa, Monday
verdiet of not guilty, night, the alamming of doors, the rush to
more than a quarter of an hour.
The Court consented to go on.
* and consider this important care.
CORRESPONDENCE.
Mr Ng Choy next addressed the jury on placuers were entitled to the beneft of It
The Uhief Justice in summing up said the have been concerned in it, and the jury Hassan, Brahim and on where was the chlaf being preceded by Sunday, no-work day, the captain's babins, and the subsequent behalf of the priemer & He ran through ease had lost nothing, neither the proteon might think it safer to find the other offloor, and Elasan replied "Be is dead." and Bunday by Saturday the day fixed for finding of the dead bodies proved all the serlatim, the serious charges against the ton nor the defence had been disadvantaged two not guilty on the next count. His John called out to all hands, "Come let us the departure of the Calcutta steemars)). Then, calling the crow, they seemed to have prisoners, remasking that if the jury con by the Court aftting until that late hour Lordship again explained the law under oarry the bodies of the offoers" and all the jurors will have much to do on that day gons la for a feast, a port of carnival they visted them of any one of these charges, He was afraid he would not be able, him which threats leading to an act causing hands on board throw the bodies overboard. had coffee as the Captain used to have it in that conviction, ante in the piracy charge, self at that lets hour, to do that funties to death amounted to murder. The Jary John then took command of the ship. thesaloon, they broksopen and ransacked his carried with it death to his clients. Be the case which he could have wished, but could regard the mutinous outbreak on Hassan, the second prisoner, said...I 66W drawer, do they take possession of what would not therefore premise to be brief, he would do his best, and the jury would board this ship alther a general extents or John, Brahim, and On Hill the captain. Ar old Sooteh lady was told that her ~ property they chose, they armed themselves but would be as brief as he cottid.
have the advantage that they brought to a conspiracy between these men in which the After they had killed the captain Brahim minister used notes, but would not believe and dressed themselves in his clothes, broke opaz his cash-box and abstracted the dollars. His Honor particularly desired that Mr the final consideration of the case tonight restined; in either case, these men were filled the chief officer by stabbing him on it. Bald one Gang intil the gallery an These three men, acting as the principal Ng Ohoy should not hurry over the ground a complete and fresh recollection of the $qasily guilty of murder under one or the neck. Atat, Suliman, and Awas beat see. She did so, and saw the written ser. leaders in these acia, alter the violent death through any mistaken leniency to the jawy evidence, the arguments, and the points mors of the counts. It lay with the jury the second officer with irons on his head. mon. After the luckless preacher had cons After all cluded his reading on the fast page, he said of the captain, strengthened the presump of the Court. They were there to do their of the case, which they would probably not to find one, two or all of them guilty on He was then lying in his bunk. hon that they wore the ringleaders in the duty, and he was sure every one would have carried over all to-morrow, had is a very count tare the earth, in the officers were killed John gave orders to But I will not enlarge," The old wo belmes which led to his agatha They took father subject himself to much more been decided to aujours late at night which they would fed all the prisoner change the source. He then called all man called out from her lofty position command of the ship, directing her to be serious inconvenience than ible, than allow the case was a fully before shem as faey Bented to simplies the song hands on board to go into the cabin and canna, ye canna, man, for your paper MOTOd 19 FNAWAR. Füste was no gume: od son pozability of my word or argument | kad derging two or three orduary days to | to swoo by promine, Tab the blod. I want and walked the, plán pot |