Mongkong nr 89.
29th August, 1872.
Governor to Kemb,
Fir Arthur Kennedy, H.cobs,&B. The Right Omorable "The Eal of Kimbalay
Sonor Checa, Spanish Consul.
Reports exclusion of proceedings taken The partia to the dul fined $200, each.
against-
THE CHINA MAIL.
HONGKONG, SATURDAY, AUG. 24, 1872.
SUPREME COURT.
IN CRIMINAL SESSIONS. (Before His Lordship the ACTING CHIEF JUSTICE.)
24th August, 1872.
Messrs Leon Choca and Philippe Torre Bueno were indicted for having attempted to provoke each other to send a challenge to fight a duel, and to this indictment both filed a plea of guilty.
Mr Drummond, instructed by Mr J. J. Francis, appeared for both the defendants, and addressed the Court in mitigation of punishment. The learned counsel stated that the defendants were foreigners and entirely ignorant of the law of the Colony; they did not think, in doing what they did, that they were committing any violation of the English law.
His Lordship observed that this could not be possible.
Mr Drummond remarked that he was so instructed, and then urged that since the occurrence the defendants were aware that they had done wrong and had desired the learned counsel to state that they expressed their deep regret for having committed a violation of the law. He was not here to defend duelling at all, but he would observe that the practice was prevalent in other countries, and in England, it was only stopped a short time ago.
His Lordship observed that it had been stopped 70 years ago and questioned if that should be considered a short time.
Mr Drummond then urged the Court to deal with the case leniently.
The Acting Attorney General then rose and said that he would only say one word, and that was as to the position of the Crown. The object of the Crown was to vindicate the law and to show that it had power to deal with cases of the kind. The Crown was not anxious to press for a heavy punishment, and taking into consideration the fact that one of the defendants was seriously ill, and it was necessary that he should get out of the Colony as soon as possible, he, the A. A. G., thought this case was one in dealing with which the Court might exercise leniency.
His Lordship then remarked that the defendants had acted very wisely in pleading guilty to the indictment. That being the case, the question was withdrawn from the Jury, and what his Lordship had to determine was the question of punishment. His Lordship then read from the decisions of former judges to show the evils of duelling, and toward the conclusion remarked on the undesirability of reviving such an odious and detestable proceeding as that of settling disputes in this manner. As the indictment was only for an attempt to provoke to send a challenge, the sentence of the Court was that the defendants should pay a fine of $200 each and to give security to keep the peace for three years, themselves in $2000 each, with two sureties in $500 each. Subsequently, when it was understood that both defendants would leave the Colony very soon, the sentence respecting the security was cancelled; the defendants were only fined $200 each. His Lordship remarked that he amended the sentence the more readily that, as the A. A. G. had said, the Crown desired only that the law should be vindicated.
Neither of the defendants appeared personally, and the proceedings did not attract more than two or three of the outside public as an auditory.
The Court then rose.
1 Endorse