PUBLIC RECORD OFFICE

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TTC.O. 885

2 PUBLIC RECORD OFFICE, LONDON

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other nine, eight of whom had pleaded guilty and one had been found guilty by the jury,

the sentence of death should be carried into effect.

In the opinion thus expressed by the Executive Council I myself entirely concur, and I have given directions that the proper steps shall be taken for carrying out the sentences of death on an early day in next week,

In connection with the question of the prisoners still in prison under sentence of death, I took the opinion of the Council as to the disposal of the European prisoners, 9 in number, who assisted in quelling the outbreak in which Captain Dent lost his life; and, in accordance with their unanimous recommendation, I have determined upon giving a free pardon to the whole of the men in question.

I have, &c.

Sir,

(Signed)

WM. F. DRUMMOND JERVOIS.

Inclosure in No. 60.

Singapore, May 24, 1875.

I HAVE the honour, in compliance with the 82nd section of the Criminal Procedure Ordinance, 1873, to forward herewith a copy of the notes of the evidence taken by me on the trial of the jail prisoners for the murder of the late Superintendent Captain Dent.

Of the 44 originally committed for trial, 1 committed suicide, and I died of the wounds received by him during the outbreak. The Attorney-General entered a nolle prosequi as against one, and of the others, 11 pleaded guilty to the charge of murder, 7 were found guilty of murder by the jury, and the rest were either convicted on minor counts or acquitted by the jury. Eighteen men, therefore, are now under sentence of death, and as the law requires me to state my opinion whether there are any and what reasons why the sentence of death should or should not be carried out, I have to state that, apart from the question of expediency, I see no reason why the sentences should not be carried out.

In the verdict of the jury, convicting seven of the prisoners of murder, I entirely concurred; and as regards the eleven who pleaded guilty, and who did so with a shocking display of bravado and indifference, the evidence is very strong against eight of them, although against three of them, numbered 17, 19, 20, it is, as regards the witnesses against them, numerically weak.

The better to enable your Excellency to judge which out of so many condemned men should have their sentences commuted, if it should be considered expedient to do so, I propose to give a brief analysis of the case as against each of them. I will first take the cases of the eleven who pleaded guilty.

No. 1. Poh Ah Wah, at the time of the outbreak, was undergoing a sentence of ten years' imprisonment for robbery with violence, to which he was sentenced in April 1871. The evidence of no less than twelve witnesses upon the depositions points him out as being one of the ring-leaders, and as taking a most active part in the attack upon Captain Dent; several of them speak to his being the man who struck Captain Dent on the head with an axe,

No. 2. Lee Al Sam is undergoing a sentence of ten years' imprisonment for gang- robbery, to which he was sentenced in November 1874. He is spoken to by eight witnesses. Tan Soon Meng, a prisoner, says that he saw him strike Captain Dent with a hammer. Chicketty, a prisoner, also stated the same. Baharden, a prisoner, gives the same evidence. Allabackash, a prisoner, says that No. 2 was armed with an axe. Armoo- dum, a prisoner, identified No. 2 as attacking peons and warders. Mootoo, a prisoner, states that he saw No. 2 strike Captain Dent with an axe. Sahid, a prisoner, identifies No. 2 as one of three men whom he saw fighting with Captain Dent. Corporal Babil, who arrested No. 2 about 7 o'clock the same evening, found him at the back of Mr. Scott's godown behind two barrels and covered with mats. In one of the barrels was found

an axe.

No. 3. Lee Ah Yat was sentenced to imprisonment for life for piracy. His confession of guilt is corroborated by ten eye-witnesses, and there can be very little doubt that he was one of the ringleaders in the outbreak and the attack upon Captain Dent. Two witnesses speak to his having been present at the conversation on the previous evening in jail respecting the intended outbreak, and they and the other witnesses speak to the prominent part taken by him in the outbreak. It was he who, armed with an axe, and in company with No. 14, closed the gate leading to the outer part of the jail, struck at Warder Burton with the axe when he approached the gate, and ran away when he saw Warder Capel running up to Burton's assistance. He is also,spoken of by most of the

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other witnesses as actually attacking Captain Dent with an axe and taking a prominent part in the fray.

No. 4. Lee Ah Seng is also a life-convict for piracy. Eleven witnesses depose to the part that he took in the affray. The three Klings who took up Captain Dent speak to this maand two others pursuing them in a threatening manner whilst so engaged, armed with a slick; four others to his attacking warders and others; and four others to his atriking Captain Dent-with a stick according to three of them, with a hammer according to one. The probability is, however, that this last witness was mistaken, and that he was really only armed with a stick, and this is the only mitigating point in his favour.

No. 5. Leong Ab Ong was sentenced in March 1871 to seven years for burglary. Six witnesses depose to the part he took in the affair; one of them, Mootoo, says that he saw him running after peons and warders with an axe, and Warder Burton saw him with an axe shouting and gesticulating about twenty yards from where Captain Dent was attacked.

No. 10. Tan Ah Sam was sentenced to ten years' imprisonment in July 1873 for gang-robbery. He was one of the prisoners who managed to escape, and was captured and brought back by Macdonald.. Chicketty says that he saw him armed with a nibong stick, but he did not see him strike any one. Armoodum identifies him as one of those who were assaulting peons and warders. Mootoo says that he saw him, armed with a knife and nibong stick, chasing warders. Vengadallum says that he saw him along with others striking Captain Dent.

No. 13. Lee Ah Kow is a life-convict for murder, and was sentenced in April 1873. Allabackash says that he saw him at the commencement of the row jump up along with Nos. 11 and 12, pick up a candaran stick, and that he was in the crowd wounding Captain Dent. Armoodum identifies him as one of those assaulting the Superintendent. Mootoo says that he saw hiuparmed with a hammer and seized by the Superintendent, and that afterwards he got an axe and cut the Superintendent with it. There seems to be some doubt, however, as to whether this witness is not confounding No. 13 with Cupalah Busoh, who was the person seized by the Superintendent. Lahal speaks to No. 13 as being one of a number of others who were running away armed with sticks, &c. Venga- dallum says that he saw him striking warders and peons. Naga says that he saw him striking Captain Dent.

No. 16. Lee Keng Chong was sentenced in April 1874 to fifteen years for gang- robbery armed with deadly weapons. Five witnesses swear that they saw him striking Captain Dent with a hammer, and four others, that they either saw him striking the Captain with a caudaran stick or else taking a prominent part in the disturbance.

No. 17. Lim Ab Kee was sentenced in July 1873 for ten years for gang-robbery. Two witnesses only speak to his part in the outbreak. Allagapen and Lahal, the former of whom identifies him with a number of others as taking part in the row, and the latter who says that he saw him rushing out with a sharp-pointed nibong. There is also the fact that he had a bullet wound in the thigh.

No. 19. Chew Ah Poly is a life-convict for piracy. Had he pleaded not guilty he would in all probability have been acquitted, or convicted on a minor count. The only evidence against bim is that of Armoodum, who says that he saw him chasing the warders with a long stick with an iron at the end, and the fact that he was treated for a scalp wound on the day of the outbreak.

No. 20. Vong Ah Sam is a life-convict for murder, having been sentenced in August 1873. Warder Clarke identifies this man. He says: "I was knocked down with a stab from a sharp-pointed nibong pole. I spoke to the man at the time. I said in Malay, 'I know you very well.' He still tried to stab me while I was down. I had hold of the spear. The only man I can identify as taking a part in the disturbance is Vong Ah Sam, the prisoner. He it was who knocked me down, and to whom I spoke in Malay.' Alla- gapen identifies him, along with seventeen others, to whom he speaks as having taken part in the row.

I now proceed to a consideration of the evidence against the seven men found guilty of murder by the verdict of the jury.

No. 8. Oh Yam Soo was sentenced in July 1871 for seven years for stealing in a dwelling-house. The witnesses against him are: Chicketty, who says, "He ran out and came back again limping and holding his wrist; he had no leg-irons on." Mootoo, who says that he had a knife in his hand, that he first stabbed a constable, and that he raised it to strike Captain Dent. Vengadallum says that he had an axe in his hand, that he cut the Captain with it; that he saw him raise the axe, but that there were so many near that he could not say if he struck...

Mahomed Roose "He struck me on the head with a parang."

says: (128)

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