18803.
I PUBLIC RECORD OFFICE
Reference :-
TELEC.O. 885
بلسسلس.
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 177A.
(MALTA.)
LAW OFFICERS to WAR OFFICE.
From Colonel J. L. Hewson, Army Pay Departinent, to the Chief Staff Officer, Malta.
SIR,
Valletta, 26 February, 1898 I HAVE the honour to report for the information of His Excellency the Governor and Commander-in-Chief that I was instructed to attend at the Magistrate's Court, Valletta, yesterday, to give evidence, in my capacity as District Paymaster, as to. the signatures on a cheque which had been issued from the Army Pay Office in my charge.
I was sworn, and I identified on oath my own signature and that of Captain Vigors, answering other questions of identification as well.
The questions were put to me by the Magistrate in the English language, who then dictated them to a clerk in a language unknown to me.
The clerk put them in writing.
When the declaration was finished I was asked to sign the document.
I asked if it was in English, and was told it was in Italian.
I at once refused to sign a document I did not understand.
The Superintendent of Police was then called, who kindly explained to me that my
refusal to sign would be considered "Contempt of Court."
for it.
I regretted I could not sign it for the reason before given.
I was permitted to withdraw.
This morning I was again called to Court.
The Magistrate's manner up to this had been courteous.
On the second occasion his manner towards me had undergone a marked change.
There were Maltese in the Court.
He was inclined to be overbearing and peremptory, beyond any apparent necessity
Some of the people in the Court took a part, I could not tell what, in the
proceedings.
·
The same Magistrate who presided yesterday called on me to sign the Italian
translation of my evidence which was produced.
I said I would do so under protest.
I was asked "what protest?"
I said a protest against signing a document I did not understand.
I had brought with me a paper on which I had written the terms on which I was
prepared to sign the document.
I read the terms to the Magistrate, they were as follows :—
"In compliance with ruling laid down in paragraph 357 Criminals Laws Malta,
I am willing to sign the paper purporting to be a true record of my evidence in the Italian language provided I can attach to such paper a protest against having to, sign to what I don't understand, and that I may make a reference to such a protest on the document which I sign."
The Magistrate distinctly refused to accept my signature on such conditions.
He informed me my protest had already been recorded on the paper in the Italian language.
For the first time I asked to have the Italian on the document translated to me.
A person standing close beside me, who I presume was acting as interpreter, proceeded to read the paper, under the correction of the Magistrate. The interpreter, I noted, had not been sworn in my presence; moreover, he was not proficient in the English language.
My evidence as to the signatures to the chèques was correctly given, but the name of a Maltese was given of whose existence I was not aware.
I interrupted the interpreter and told the Magistrate I had never mentioned that name in my evidence; he told me it was shown in parenthesis, and that it was all right, he had dictated that part.
633-25-9,98 Wt 21618 D & S 5