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circumstance than that. The presumption was
that the sister had heard that all things! were not straight, that these things were leaking out, and that the deceased thought the best thing was to come and take her sister away. However, whether that was the case or not, that was what the man thought. The man's own story was that he thought the sister had come to take away the woman with whom he was on these intimate terms, as he sup- posed, to marry her to somo one else. He had then, as he thought, two very grave causes of offence against the sister and no doubt he was very angry, because he thought he was going to lose both his mistress and the money he had paid her, and over- night they had had a quarrel. The learned counsel then, with the consent of the Attorney-General, put in the prisoner's statement before the coroner. He went on to argue that with regard ! to the assault on the child the blows were in- Iflicted accidentally in the struggle, the child's position or the back of the woman leading to this conclusion. Of course, he said, there was excuse for the use of a weapon of this kind: it was only a question between one crime and another, and he offered no excuse for the prisoner's having this chopper with him; but the prisoner must have supposed the woman would be armed with their grass-hooks. The man was proceeding under the opinion that Chun Amai was going away and leaving the place once for all, and having had a quarrel overnight be went with bis blood greatly heated, and under
no
the impression they would have their books with them he took this chopper. The grass-book had not been found, but it did not appear that any special search had boon made for it. The prisoner said he was strnek, and as against the declaration of the woman, who on such very material points was capable of altering her story, he put it to them that they would be justified in accepting the man's story on that point as being as good as bors, and giving the prisoner the benefit of the doubt that must arise in their minds as to who- ther the woman had a hook or not. If she had a book and struck the prisoner on the head, unjusti fable as having this chopper was on his part, there was sufficient provocation in point of law to reduce the crime to manslaughter. The chain of rea. soning was simply this, that they could not ac- cept the woman's story implicitly, and if they could not the question was, where were they to draw the line? He thought, therefore, they might take the more merciful view of the caso and suppose the prisoner was struck. But even if they could not do that, still there was this, that when the Chinese quarrel they do use most awful language, and women of this kind are uei- ther nice in the use of their tongues nor nice in the use of their hands, and bearing in mind that the man was an angry creditor--for creditor be considered himself to be-and considering the way the thing would occur, angry words leading to blows and fighting. they might hold that though the use of the chopper was unjustifiable the prisoner acted under great provocation.
able.
No witnesses were called for the defence. His Lordship, in summing up to the jury; laid down the distinction between murder and manslaughter, aud. going on to review the evi- dence, said that Chun Amui admitted having been intimate with the prisoner. It was a very important fact that she should have varied in her testimony on this point, but be could make some allowance for her as he understood that Chinese of all classes attached a great deal of importance to the virtue of their widows. She had, however, contradicted herself and he would not advise them to place relianco on her testimony where it was question- Looking at the doctor's evidence his Lordship said he did not think there could be a mach more sarage assault than that committed on the deceased. With regard to the wound in- fisted on the child, the jury might in charity believe that it was accidental, but there could be! little doubt the prisoner wilfully assaulted the woman Chua Amui. That, however, was the least serious charge against him. With regard to the woman killed it was for the jury to say whether the wounds were inflicted by the prisoner and, ¦ if so, whether with malice express or implied. If he was struck and in a passion retaliated in this way they might find a verdict of manslaugh ter, but if they believed he went out with this chopper to waylay the women, astuated by malice arising from some thing that had occurred before, they conld not do so. Even though there i WHE 28 chance of saving the woman's life had medical assistance been rendered imme-
diately, that would not excuse the prisoner from the consequences of his acts provided he was actuated by malice. Whilst invit- ing the jury to give all the weight they could to the able speech of Mr. Hayllar yet, he said, they must do their duty, and if the prisoner, actuated by malice, went out with this chopper, waylaid the women, and wounded them in the manner which led to the death of deceased they must find bim guilty of murder.
The jury after a few minutes' retirement ro turned into Court with a verdict of wilful murder. A nolle prosequi was entered on the other counts.
Being asked if he had anything to say why sentence of death should not be passed upon him, the prisoner said that what he had stated before the coroner was true. He was a native of Nartow, and was brought by his mother twenty-five years | ago to Shok O and settled there. Chun Amui, after the death of her husband, fell in love with him and begged him to take pity on the two children and he used to supply her with money for the support of the children. Her elder sister wished to take her away and when they were learing the house to go somewhere be followed and tried to stop them. The sister turned round und struck him on the forehead with a grass hook, and he did what he conld in bis defence.
His Lordship, baving assumed the black cap, said every one would have been glad if the cir- eumstances of the case had been such that the jury could have had merey on the prisoner and found him guilty of an offence which would not have cost him his life. The jury had done their duty; they could not have done less than find him guilty of willal murder. He had no doubt that what the prisoner said was true, that he thought ¦ the woman who was dead was taking away Chan Amui from him, and fullofanger and determined to stop them at all hazards, he took that chopper and went after them. There was no doubt he inflicted the wounds on the woman which caused her death and now the law said he must die. His Lordship then passed sentence of death in the usual form, and the prisoner was removed.
377
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