CO882-(3-4) — Page 148

PUBLIC RECORD OFFICE

m...immilu

Reference :-

C.O.

882

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

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of them, I don't know who, they threatened if I spoke much to beat and shoot me. They went on towards C'amois.

Cross-examined.— The sun had appeared when I saw them. I had just got up and gon out. I don't owe No. 2 anything.

DaHour: Paddy planter. My house is at Naning, on the road-side.

I met more

than 20 Chinese coming from up-country. They passed about 2 fathoms from where I was sitting. They had guns, sticks, and there were five Chinese tied, their hands behind their backs, and a rope passed through their hands, fastening them altogether. I approached theta. I asked the man who held the rope where they brought that one from. He said, What do you care, you're only a Malay man,

you've nothing to do, what do you care ?” I asked one man, and he replied, not here." I identify No. 4. He carried a musket.

Nes. 5, 6, 7:

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"

He is

No. 5 carried a fighting-pole, and walking next to person who was holding the rope. No. 6 was holding the rope with both hands. No. 7 was holding the rope; they had charcoal, not very much, on their faces. I knew them. No. 4 I knew three months before the Chinese disturbance. I live at Naning, and he lives 7 miles off; he has a shop; 4, 5, 6, and 7 all at one shop. I knew them all three months. The five men who were tied lived at the tin mine next to my place. I knew the prosecutrix, she is Tulis wife (that was the name he went by); he was one of the men tied; the others were his coolies. After I had spoken they went on and pulled the five men into the jungle.

Cross-examined. The five men were all tied together. One of them was not a-head of the others. All the others had black faces It was about half-past 6 a.m. I don't owe money to No. 2, 4, 5, 6, and 7.

Re-examined. -There was a man named Jahdie with me.

JAHDIE-Paddy planter on Naning Road. I remember, about five months ago, a number of men passing my house a little after 6. I was in the verandah. More than 20 were coming. The men were tied, and they wanted to go along the public road. The others wanted to take them into the jungle. The persons who pulled made a noise, and those who were pulled also made a noise. Some had guns, some had krisses. some had fighting-poles. Five men were tied with their hands behind their backs. said, "Why do you fasten these men and make this row ?" They said,

I What do you care, we are troubling the Chinese and not the Malays." I saw the faces of some whom I saw. I recognize No. 4; he had a gun and a kriss. No. 5 had a fighting-pole, a knife in the waist. Nos. 6 and 7 were bringing the men who were tied. I spoke to No. 4, See King; he said, "What do you care ?" He resides at Malacca Pindah. known him more or less eight months. He lived in the plantation there. I did not know any of the five men who were tied. I went to Ruinbowe. They went to the jungle leading to Camois.

Cross-examined. The five men who were with them had their faces blackened. was afraid when I saw them, not when I first saw them. King, he said, was his name.

I've

I

No. 4 lived near me. See

-About five months ago I was in a tapioca There is a path leading to the village of Camois.

plantation near the Naning

C'ASSIM -

Road.

went to buy some poultry. from the main road.

Six

I think when I met the Chinese, they were about half a mile Chinese came conversing in the jungle. I saw dead bodies of Chinese three days after in the jungle. Five near where the six Chinese were conversing three or four days before I had seen them conversing. It was seven in the morning when I saw the Chinese conversing. They had two red flags. One had a bundle of clothes and fowls behind his back. did not go near the bodies. One man spoke, he asked me where I purchased the fowl from. One of these men was No. 9. It was not he who spoke

to me.

EBRAHIMI reside at Camois. I keep buffaloes. I went out one morning about five months ago, more or less, 7 a.m. I heard voices in the jungle. I kept quiet and saw five Chinese pass. I asked them where they came from, they said they came from up-country, and were going to Sempang. One of them carried a knife, one of them a long pole with a knife at the end, the rest carried sticks. No. 8 carried a knife. No. 10 had a stick. No. 9 was there but had nothing. Two had nothing. Five men altogether. They went away, and I went away. No. 8 I had known eight or nine mouths; he lives at Sempang. No. 1 I had known for five months.

No. 10 the same. No. 9 the same. No. 2 the same. points out 1, 3, 8, 10, 9. No. 2 was there.

No. 3 the same. Asked to point them out again,

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SEMAN I lived at Malacca Pindah. About five months ago Nos. 4, 5, 6, and 7, came to my house. Seng, No. 4, borrowed a gun from me, he left a box with me. He said some of his relatives had asked him to go to Naning. I lent him a gun, he has not yet returned it.

I don't remember any cisturbance about that time. After he borrowed the gun, there was a great deal of disturbance, about a month after. I did not know Ah Boon. He said he wanted the gun to go to Sampang Ampat in Naning.

M. F. Simons, Colonial Surgeon at Malacca-I went to Chindamah Puteh, De- cember 22nd last. I examined the body of Ah Boon, identified by his wife.

It was lying in the jungle, with its hands tied behind by its tail, and then by a cord to another body.

There was a penetrating wound into the cavity of the chest going in between two of the ribs. I did not see any other wounds. That would be sufficient to cause death. A knife or spear or any cutting instrument would cause it. Hardly sufficient of the face to identify it. Anybody who knew him well might do so; it is just possible.

SERGEANT MAJOR DOLLAH:-Stationed at Pulo,Sebang. Some five days ago Punghulu Yusof came and made a report that a Chinese bangsal had been attacked. One killed and five men taken away. This was on the 18th of December. He said it had taken place at 4 that morning. He reported it to me at 5 p.m. I reported to Mr. Hayward; next morning I went to search. I went first to the bangsal; it was broken; there was a dead body there. I heard it was Ah Boon's. On the 20th I made a search and found in the Naning jungle the bodies of five men, and this basket in the middle of the path, Dear the bodies. All their hands were tied behind their backs. An inquest was held, on 25th of month I arrested Nos. 1, 2, and 3. No. 1 in a shop at Naning. No. 2 in another shop, and No. 3 in another. I told them the charge, they made no answer. On 26th I arrested four men, 4, 5, 6, and 7, at Malacca Pindah. Their names were given by witnesses at the inquest. I arrested them all four in one shop. I charged them with murder of Ah Boon, they made no answer. On 27th I arrested No. 8. This gun, fighting-pole, and kriss were found in the house of No. 4, who was the Towkay of the house. When No. 8 saw me, he ran away into the jungle. I followed

and arrested him.

Cross-examined.-I acted under Mr. Hayward's orders.

Verdict, No. 1, guilty.

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2, guilty.

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3, guilty.

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4, guilty.

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5, guilty.

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6, guilty.

7, guilty.

8, guilty.

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9, guilty.

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10, guilty.

[In consequence of the disturbed state of the country, the jury recommended them to mercy.]

Then Mr. Woods moved in arrest of judgment on ground that the Court has no jurisdiction.

Neither made by the Attorney General, nor by the Solicitor General. No. 13 of 1867, sec. 5, Vaccination Ordinance 18 of 1868. Section 19 of 19 of 1869.

Sentence of death was then passed. May 11th.

Enclosure 4.

Executive Council, Penang, 19th June, 1876.

THE Report of the Chief Justice, dated 27th May last, on the trial of Lim Loon, Ah Tong, and Kim Siew for murder in the Settlement of Malacca in December last, and the notes of evidence thereon taken by the Chief Justice are read.

This case was brought before the Executive Council on the 30th ultimo, when the Council agreed to defer its consideration until the appeal which had been made'in the case of Queen versus Tan Seang and nine others had been heard.

The Report of the Chief Justice, dated 17th June, on the trial of Tan Seang and nine others for murder in the Settlement of Malacca in December last is read.