CO882-(3-4) — Page 143

1

PUBLIC RECORD

OFFICE

C.O.

Reference :-

882

3

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

Sure I

By 1876

losure 2

looore une 1876)

60

liminary operation of proceeding to Perak with a view of instituting inquiries on the spot, and gathering together such reliable evidence as may be obtainable.

When this operation shall have been completed, you will meet Mr. Plunket and Mr. Paul at Bandar Bahru, when you will have to examine the witnesses who may have come forward, digest their evidence, and report upon it to the Governor, with a view of enabling him to decide whether any and which of the above-named parties shall be brought to trial on a capital charge, or on some lesser charge, or shall be left unmolested, there being no proof of their criminality.

It is not His Excellency's desire in naming specially the above persons to limit the scope of your inquiry to their cases alone, but rather it is his desire to leave you a large discretion to extend your investigation to the question of the participation of any other persons not above named, and who may not have already been tried in the perpetration or instigation of the late outrages in Perak.

And His Excellency fully relies on the three high officers whom he has selected to undertake this important task for ensuring that the inquiry shall be searching and impartial

I have, &c. (Signed) JOHN DOUGLAS, Colonial Secretary, Straits Settlements.

The Hon. Mr. Justice Phillippo,

Singapore.

No. 51.

GOVERNOR SIR WM. JERVOIS, K.C.M.G., C.B., to the EARL OF CARNARVON. (Received August 14, 1876.) (Telegraphic.)

August 5th. Lela, with four others, now in Civil Prison here. I propose having them tried in Perak under authority of Rules of that State with British Assessors to watch case on cur behalf.

No. 52.

GOVERNOR, Singapore.

GOVERNOR SIR WM. JERVOIS, K.C.M.G., C.B., to the EARL OF CARNARVON.

(Received August 14.) (Telegraphic.)

August 5, 1876. THE trial alluded to in my other telegram of to-day must be put off as a necessary consequence of the fact that Abdullah and other Chiefs were implicated in murder of Birch. Most probable therefore Abdullah must not remain Sultan. He, with the others now charged with being concerned, will be called upon to answer charges against them. In answer to your telegram, I do not think extra precaution required to guard against disturbances on account of my proceedings against these Chiefs.

No. 53.

GOVERNOR SIR WM. JERVOIS, K.C.M.G., C.B., to the EARL OF CARNARVON.

(No. 256.)

(Received August 14, 1876.) MY LORD,

Government House, Penang, July 9, 1876.

IN reference to paragraph 3, of your Lordship's Despatch, No. 37, of the 18th February last, requesting me to report full particulars of the result of the trial of those who had been arrested during the riots at Malacca and committed for trial, I have the honour to forward a statement showing the disposal of the 133 Chinamen who were arrested at that time.

2. I also forward copy of a Report of the Chief Justice, dated 27th May last, covering his notes of evidence on the trial of Lim Loon, Ah Tong, and Kim Siew for

fay 176 murder, and of a Report dated 17th June, covering his notes of evidence on the trial of Tan Seang and nine others for the same crime. In the former case, the jury found Lim Loon and Ah Tong guilty of murder, but acquitted Kim Siew. In the latter case all the prisoners were found guilty of murder, but the jury recommended them to mercy.

No. 148 of Eastern No. 17.

61

3. I enclose copy of minutes of a meeting of the Executive Council on the 19th ultimo, Enclosure from which your Lordship will observe that the Council unanimously agreed to recom- mend that the sentence of death passed upon the prisoners, Lim Loon and Ah Tong, should be carried into effect, but that the sentence of Tan Seang and the nine others should be commuted to one of penal servitude for life.

Acting upon this recommendation, I have issued instructions for the execution of Lim Loon and Ah Tong only, and have commuted the sentence of death passed upon the other prisoners.

I have, &c.

(Signed) WM. F. DRUMMOND JERVOIS.

The Right Hon. the Earl of Carnarvon,

&c.

&c. Colonial Office

SIR,

&c.

Enclosure 1.-See next page.

Enclosure 2.

CHIEF JUSTICE, STRAITS SETTLEMENTS, to HIS EXCELLENCY the Governor, StraitS

SETTLEMENTS.

Supreme Court, Singapore, 27th May, 1876. I HAVE the honour to forward herewith a copy of my notes taken on the trial for murder of Lim Loon, Ah Tong, Kim Siew, the two former being convicted by the jury

and sentenced to death.

The circumstances of the case appear so clearly from the evidence that it seems unnecessary for me to go into the details of it. The sole question turns upon the reliability of the witnesses for the prosecution. The prisoners had the advantage of being defended by counsel, and everything that could be urged on their behalf was brought before the jury,

I do not see any reason to doubt that the jury have come to a right conclusion upon the evidence, and I can see no ground, therefore, for recommending that the sentences of death be not carried out.

A difficulty, however, arises owing to the continued numerical weakness of the Judicial Staff in this Colony. In another case tried on the 11th of May, ten men were sentenced to death for murder. Points of law, however, were raised in their favour which, under

the 13th section of the Appeal's Ordinance 1874, I have reserved for the consideration of the Court of Appeal, and in further pursuance of that section I have respited execution of the sentence until such questions have been considered and decided. One of the points of law relates to the validity or otherwise of the trial of the prisoners in Singapore instead of Malacca. These points have not been raised as regards the present prisoners npon whose case I am reporting, but it will be seen that it directly affects them also, and that it would be obviously inconvenient in case the Court of Appeal decided against the validity of the trial that these two persons should have been placed beyond the reach of the benefit of such decision. Under these circumstances, I would suggest that should your Excellency decide upon carrying out the sentences, the execution of them should at all events be postponed until after the decision of the Court of Appeal. Such Court of Appeal could be held at any time, but it must consist, under the 84th section of the Court's Ordinance 1873, of all the four Judges, or of not fewer than three Judges.

I have, &c.

THOS. SIDGREAVES.

His Excellency

Sir W. F. D. Jervois, C.B., K.C.M.G.

&c.

&c.

&c.

(Signed)

NOTES of the EVIDENCE taken by the CHIEF JUSTICE on the TRIAL before him and a

SPECIAL JURY, on the 15th day of May 1876, of-

for murder. UNG PEBOW:~

LIM LOON,

AH TONG,

KIM SIEW,

-I am a mandore in Chin Hoon's plantation at Kalamat. He has also On the 14th of December last I took some coolies, 17, to

a bangsal at Rumbis.

62

ot

H

13T

16

13

31

21

—

[

3

1

133

robbery with murder and sentenced to death; com- muted to penal servitude for life.

Acquitted and discharged.

110 found guilty of gang

and using deadly weapons,

3 acquitted of gang robbery

and discharged.

Superintendent of Prisons, W. Born.

Malacca.

Enclosure 1.

STATEMENT showing the particulars of Admission, Discharge, &c., of Prisoners in the Civil Prison during the Chinese Riots at Malaron

CRIMES.

Carrying arms in public

Theft

Unlawfully did blow a horn in public

Gang robbery

.

Assault, and using criminal force

Joining in an unlawful assembly

Having in possession stolen property -

Having a pole sharpened at the end

Aiding and abetting an offence of

Unlawful possession of arms -

Criminal house trespass

criminal trespass ⚫

Disorderly conduct ⚫

Causing hurt

Bobbery

Murder -

.

MOL

MJORIJĄ IN

gaikaoqing paraanidega ana jo japatj

Aq boru [AK 1

pam)

227

juaumosud

-o[snooSX CROOH 9

Committed to the Criminal Prison by the Magisterial Authorities in Mainees.

↓

| specified below.

a

sədını

te pare for snow

o!p

0117 6

I 1

1

10

*DA 9

1

IN-

[^]

·BÁRLI I

How disposed of

Committed to

the Assize,

and Sevicted

Tried, Con

Sentenced

as under

Q1

จอง ounty

mammosudu

enozoiy muaj ↑

100 L

ROVIVA

WITH IN

pu, zəyɛ pasiņnbɔ y

I

1241

permboy pur

*pau_j. '#zimy ami mi posatomumo, y

TVIOL

1

t

''.

9281 ART ut jura

zei in prag zag att de pou

aq uduzurg on parajumu.

1

1

December 1976 and January 157%.

T

moj

F

T

STYLOJ, BRYNE)

podaj novuq un pəri

IN-

J

t

Result of Trial at Assises

at Singapore.

*2 found guilty of murder

and sentenced to death;

1 acquitted.

Culpable homicide amounting to murder

Q1

16

Rioting and unlawful assembly

13

13 -

Unlawful assembly

•

18

Unlawful assembly and gang robbery - Arson

3

3

1

I

Total

133

133 17

00

I 1

«

5

A

→

I

Co

13

20

20

3

3

1

50

52

52

1

3

24

(Signed)