June 25, 1898.]
for the defence.
(Crown Solicitor) is for the prosecution, and Mr. J. J. Francis, Q. C. (instructed by Mr. Grist)
Prisoner was escorted from the Central Station to the Supreme Court by a force of Indian and Chinese constables in charge of a European officer.
CHINA OVERLAND TRADE REPORT.
501
der Mr. Cillies and got a salary of about $100 | into the house and went upstairs. In con a month. He lived in Remedios Terrace, Caine sequence of what he heard about the squabble road, some little distance from West Terrace. and about the old lady being pushed down, For some two or three years past he had been de Jesus went on to the verandah to more or less attached to the girl Glafira, see what it was about. He went close to but did not become formally engaged to her prisoner and said, "Joan, what is all this until January of this year. This girl was about ?" As far as he could gather from the The Attorney-General said that with regard cousin once removed to prisoner. From depositions deceased did not say this in a threa- to this case Mr. Francis saw him the previous January to March the course of love between tening manner. The next thing which bap- day and explained that having been so much these young people seemed to have run pretty pened was that prisoner fired at de Jesus. The engaged during the week he had not been able smoothly, but after March they began to have latter bounded out of the verandah and endea to do full justice to the defence of the prisoner, quarrels. Apparently these quarrels were not youred to get upstairs. He got up three or and he accordingly asked if he would let the such as to prevent their getting married, because four steps when he fell. He was assisted into case stand over until Tuesday instead of Mon-notice of their marriage had been put up. The a chair by his wife and died almost immediately. day. He was quite prepared to do this, but in usual statutory notice had been given to the Dr. Jordan, who came at once, found four bul- view of the importance of the case he wished Registrar-General, and as required by law that let marks of entry on the body, two close to the for the consent of his lordship.
The Chief Justice agreed, the court being that a certificate was issued, and the couple Italian convent by an Indiau constable, to whom notice had to be posted for 15 days, and after right nipple and two more in the region of the stomach. Prisoner was arrested near the accordingly adjourned until ten o'clock on Tuesday morning.
THE MURDER IN CAINE ROAD.
TRIAL Of ozorio.
At the Supreme Court on 21st June, before Sir John Carrington (Chief Justice), the Portu- guese clerk, Joan de Matta Ozorio, was charged with the wilful murder of Francisco Xavier de Jesus, a married man who resided at 2, West Terrace, Caine road. There was a large at. tendance of Portuguese in court. Mr. Romano, the Portuguese Consul, was present.
By the direction of the Chief Justice, prisoner, who seemed to realise his position acutely, was accommodated with a seat.
on
A special jury had been empannelled. It consisted of Messrs, Herbert Smith, James Orange, Sydney Hancock, M. C. J. Grotā, A. Findlay Smith, G. de Champeau, and J. G. Smith. Mr. H. Wicking's name was called but he was not present at the time, and the Chief Justice ordered that he should have notice to appear at two o'clock, Mr. David Gillies, as prisoner's late employer, was excused from serving. Mr. F. L. Perriera acted as interpreter. On being formally charged prisoner pleaded not guilty.
The Attorney-General (the Hon. W. M. Goodman), instructed by Mr. H. L. Dennys (Crown Solicitor) appeared for the prosecution, and Mr. J. J. Francis, Q. C. (instructed by Messrs. Wilkinson and Grist) for the defence.-
The Attorney-General, in laying the case be- fore the jury, said the accused stood charged be fore them with the crime of having wilfully murdered Francisca Xavier de Jesus Monday, the 9th day of May, 1898. In view of the extreme gravity of the charge he was sure he would not ask in vain for their patient atten- tion to the facts which he would have to lay be.. fore them in opening the case and to the evi- dence which it might be his painful duty to ad- duce in support of those facts in proof of the .accusation. This matter had been investigated before the Magistrate, and therefore many de- tails had through the press naturally become what one might call public property. Certain erroneous reports had got abroad, and he need hardly ask them to discard all these from their minds, and to approach the case if they had never heard anything about it. No. 2, West Terrace, was the residence of deceased and his family, and on the 9th of May, when the murder was alleged to have occurred, he was residing there with other members of his family. Deceased appeared to have been a very respectable man. He lived with his wife at West Terrace, u terrace which was situated just facing Caine road and in an angle which was formed by Caine road and Castle road. There were 11 people living in the house at the time. There were deceased (who was employed by Messrs. Cottam and Company. outfitters, Peddar Street) and his wife, his mother (an old lady of 75), his two sisters, a young lady who acted as a sort of companion and lady help, three little nieces from 10 to 14, a very respect able young man named Xavier, and Miss Glafira Portario. The last named was the cou-
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sin of deceased. She had no father or mother living. She came from Macao when about ten years old, and for some years past had resided at the house of deceased with him and his family. As regarded prisoner Ozorio, he was sometimes familiarly called by his relatives Joanjica. He was a clerk employed by the Hongkong and Whampao Dock Company un-
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could get married any time within three months of the receipt of that certificate. In Xavier had pointed him out, and the three went this case he thought somewhere about the to the Central Police Station together. On 28th of May was fixed as the wedding day. going into the station, without a word being This was, however, sadly interrupted by what said to him or being asked any question. occurred on the 9th of May. On that day, prisoner volunteered the statement, I have he thought he should prove to them beyond killed a man.' He said this in English, a the shadow of a doubt, Özorio shot deceased by language with which he was very well ac- means of a revolver, four bullets entering quainted. Shortly afterwards, the usual can- him and causing his death almost immedi- tion having been administered to him, prisoner ately. As regarded the quarrels which seemed began making a statement in English. When to have taken place between theso young people,,, few lines had been written down the word they seemed to have arisen chiefly owing to a betrayed was used, and the police, thinking some suspicion in the mind of Ozorio that the be might attach a different meaning to the girl had not been true to him. He seemed to word than they did, thought they bad better have come to the conclusion that she was not a send for an interpreter. They sent for one and virgin. If Ozorio had felt any doubt as to the rest of the statement was taken down in her being true to him there was one course open Portuguese. The statement was read over to to him, and that would have been the best him twice, corrected by him, and signed by him. course. He might have said, “Well, we must That statement would be put in in due course. break off our engagement. I am not satisfied In conclusion the Attorney-General said he did you are giving me your first love, and I wish to not know what the defence would be. He could break off the engagement." That was not un- only say that by law every man was presumed fortunately the course which the young man to be sane and responsible for his actions, thought it to take. What he did was this. and if he proved that a man fired On the afternoon to the 9th May he went
revolver at another and killed him that was to Lane & Crawford's and asked for a revolver, on the face of it murder, and it lay upon the finally purchasing one for $30 or $32. He person accused or his counsel to bring such had been there before that day and en- facts before the jury as would satisfy them that quired about the price. Then he wanted cart-
the man's mind was unhinged. ridges, and he was told they kept them in cases of 50. He said he did not want so many as that, and as there happened to be a case open he bought a dozen. The revolver was put in a little cardboard box and he took it away with the cartridges. That very same afternoon-at half-past fire--he took the re- volver in the cardboard box and the cart- ridges to No. 2, West Terrace. The girl Glafira saw the box and asked what was in it. He thought there was some slight divergence between prisoner's statement made to the police and the evidence of the girl as to who opened the box. He thought they would have it from the girl that prisoner opened the box, and when she Baw it Was # revolver she
would tell them she wanted to take it away, that he would not let her do so, and that there was a struggle for it. Prisoner said the girl loaded it and the girl said prisoner loaded it. There was one thing certain, and that was that the revolver was loaded, and he thought they would be of opinion that prisoner loaded it. Therefore they found him in possession of a loaded revolver at 2, West Terrace. When prisoner got there deceased and his wife were not at home. There was an old lady in the house-the mother of deceased—and some little nieces, and he thought one or two of deceased's sisters. The couple seem to have quarrelled. They went out on to the verandah, and he thought the evidence would show that pri- soner sat on a chair in the verandah with his back to the front, bed-room and that the girl sat on a little stool beside him. Then they seem to have resumed the squabble as to whether she was true to him, and she seemed to have protested that she was fond of him and him alone, and that his suspicions were unfounded. He wanted her to leave the house and go to live with his sister. While they were squabbling the old lady came out, and she seemed to have got roughly pushed by prisoner. The young man Xavier came in at about seven o'clock, and he went out on to the verandah to see what the squabbling was about. Xavier seemed to be a quiet inoffensive young man, and was on friendly terms with prisoner. Just about this time Mr. and Mrs. Jesus came
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The evidence for the prosecution was then called.
E. M. Hazeland said he had beeu to No. 2, West Terrace, and had made the plans pro- duced. They were correct.
J. M. R. Xavier said he lived at No. 2, West Terrace. He was in the employ of Messrs. Kuhn and Co., curio dealers. He knew the deceased, at whose house be lodged, and also prisoner. He had known Ozorio for about three years and had been on friendly terms with him. Prisoner frequently came to No. 2, West Ter- race. He was courting Miss Portario, who also lived at 2, West Terrace. Deceased was a res pectable man and lived on good terms with his wife. Witness had lived with them about 12
In con.
months. Miss Portario was 24 years of age. He had seen her and prisoner together on several occasions. They were formally betrothed about December last. About the middle of March they began to quarrel. He had not seen them quarrel before then. They seemed fond of each other. Witness then described what he BU W од the verandah - when he got home at about seven o'clock on the evening of the 9th of May. Prisoner and Miss Portario were sitting close together on the veran- dab. When he was in the dining room one of the little nieces called out that prisoner had pushed her grand mother down. sequence he went to the door and saw prisoner and Miss Portario standing in the verandah. At about a quarter past seven Mr. and Mrs. de Jesus came into the house. A few minutes afterwards deceased came out again and went to prisoner and said to him, "Oh, Joan, what's this." He said this in a friendly tone and did not threaten prisoner. Without giving any. answer prisoner pushed Miss Glafiro on one side and commenced firing at deceased. After he had fired witness saw the revolver produced in prisoner's hand, and after a struggle he took it from him. He subsequently gave prisoner into custody.
By Mr. Francis-Prisoner and Miss Portario were struggling together on the verandah. Prisoner was pulling her and she knocked his hand off her. He saw them struggling for about ten minutes. He had sometimes seen.