CO882-(3-4) — Page 328

سلسلين

PUBLIC RECORD OFFICE

Reference:+

C.O. 882

PUBLIC RECORD OFFICE, LONDON

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

Enclosure 5.

58

with the exception of Se Tuah, (who, it may be noted, had not been in confinement with the others), and that they only arrived on the scene after the deed had been committed; that the Maharajah Lela greatly regretted the death of Mr. Birch, and took care of his effects, but that he was afterwards driven out of his village by a European force. To prove this case, a number of witnesses were called, all of whom were Passir Sala men and most of them connexions of the Maharajah Lela. Their examinations are remarkable for their similarity, their cross-examinations for their discrepancies, but the most remarkable fact is, that they recollected very minute details of no importance, but could remember nothing which occurred prior or subsequent to the outrage.

Only two of the witnesses for the defence speak of the murder at all, namely, Anjang Kinchan and Se Choo, the latter of whom can only state that he saw Se Tuah stab the interpretor Mat Arshad. Although the Maharajah Lela's house is within 100 yards of the scene of the murder, none of the witnesses for the defence, who were in the house, knew of Mr. Birch's arrival, nor heard any disturbance until his death was reported. It will be noticed that according to the witness's statement, Seputum is said to have been made to give up his authority for committing the crime, whilst no notice is taken of Se Tuah, who, according to their own evidence, commenced the attack.

15. I need not dwell on the fallacies contained in the evidence for the defence, such as the impossibility for Seputum and Se Tuah, who were without firearms, to have murdered four men and severely wounded several others; the abstraction of Mr. Birch's property, &c.; suffice it to say, that the evidence breaks down on the last examination.

16. It should be remarked that the village of Passir Sula, where the murder was committed, was wholly devoted to and in the power of Maharajah Lela, and that immediately opposite to Passir Sala is Campong Gaja, the residence of the Datu Sagor, an intimate friend of the Maharajah Lela, and who likewise exercised considerable power in the district which was the scene of the outrage. No such crime could have been committed in Passir Sala without the approval and order of the Maharajah Lela, and it must be borne in mind that it was not only Mr. Birch who was murdered, but that a general attack was made upon his party, three of whom, besides Mr. Birch, were killed and several wounded.

17. Mr. Vaughan in his letter of 28th December (copy enclosed) stated that he considered that the prisoners had had a very fair trial. In this letter, however, he urged, as he had previously written to Mr. Davidson (see Enclosure 4,) that they maintained that when they surrendered to the messenger of the Maharajah of Johore, they were promised that they should not be imprisoned, tried, or transported, but that they should be treated with the same consideration as Ex-Sultan Ismail. I was surprised at this statement, for, as your Lordship will observe from my despatch No. 272 of 30th July,* I was particularly careful to impress, both verbally and in writing, upon those concerned in bringing in the Maharajah Lela and party, that the only guarantee that could be given to them was that they should be given a fair trial. I believe that this statement was concocted by the prisoners as part of their scheme of defence, but as it was most important that it should be cleared up, I referred the letter of Mr. Vaughan to the Enclosure 6. Maharajah of Johore. I have received a reply from the Maharajah (copy enclosed) 5th JaQuary. giving an unqualified denial to the allegation of the prisoners, and mentioning facts from which it is clear that their statement is perfectly untrue. A copy of the letter of the Enclosure 7. 28th July, referred to by the Maharajah formed an enclosure of my despatch No. 272 of 28th July 1876. 30th July, but I enclose another copy for easy reference.

18. On the 23rd ultimo I telegraphed to your Lordship that the Maharajah Lela and six others had been condemned to be hanged, but that I had not then received the report of the trial.

In reply, your Lordship on the 26th ultimo desired me to suspend the execution, to report whether there are differences of guilt in the prisoners, and to consider what effect would be produced by the commutation of the sentence, regarding the situation from the view that Sultan Abdullah, who was perhaps equally guilty, would be only deported. I then discussed the matter with my Executive Council, and a majority were of opinion that there was no reason for interfering with the sentence of death passed on any of the prisoners except Se Tuah, who is reported not to be responsible for his actions. A minority considered that the sentence on Nga, Jabbor, Kulup Alli, and Panjang Buh might be commuted to penal servitude for life, but the Council were unanimously of opinion that the sentence should be carried out on the Maharajah Lela, Datu Sagor and Pandak Indut, as ringleaders.

19. As regards the comparative guilt of Sultan Abdullah, as instigating and approving the murder, and the Maharajah Lela and others who actually committed the murder, as

* No. 65 of " Eastern, No. 20."

59

already stated in my Despatch No. 430 of 14th December, the Sultan cannot be tried on a criminal offence, and Abdullah consequently thus reaps the benefit of his position.

It is moreover to be observed that the action of Abdullah in instigating the murder, and in supplying means for its fulfilment, was in a great measure induced by the Maharajah Lela, with others undertaking to commit the murder. From the evidence obtained during the Perak inquiry, it will be seen that from the commencement of the conspiracy, the Maharajah Lela bore a personal animosity towards Mr. Birch, and frequently volunteered to murder him. Again the Maharajah Lela, and Datu Sagor were practicably independent in their own district, and any instructions which Abdullah gave them to kill Mr. Birch could have been disobeyed by them with impunity.

20. It would have a very bad effect in Perak and indeed in the native states generally, if, after the fair and impartial trial which the prisoners have had, the sentence of death were commuted in the case of the whole of them. Not only would the impression be given that we regarded assassination lightly, thus jeopardising the lives of other British officials employed in the states, but also that we did not respect the decisions of the

Native Court.

The Council, however, agreed with me that provided the Maharajah Lela, the Datu Sagor, and Pandak Indut were executed, no bad effect would be produced in Perak if the sentence of the remaining prisoners were commuted to penal servitude for life.

21. I accordingly, on the 31st ultimo, telegraphed to your Lordship to the foregoing effect, and on the 4th instant I received your Lordship's reply that provided the evidence brought the three prisoners just named under the description of principal instigators or actual participators in the murder, and that no promise was given to them, on surrender, that their lives should be spared, the sentence which had been passed upon them should be carried out.

22. As I have already explained, both these provisos have been fulfilled, and I have, therefore, given instructions to Mr. Davidson to inform the Rajah of Muda that I see no reason why the sentence of the court should not be carried out in the case of Maharajah Lela, Datu Sagor, and Pandak Indut, but that I advise him to commute the sentence of death passed upon Nga Jabber, Kulup Alli, Se Tuah, and Panjang Buh to one of penal servitude for life. I enclose copy of letter addressed to Mr. Davidson as also of the one instructing him that, as soon as the Rajah Muda has decided on my recommendation, the execution should take place on some convenient site near the Larut Gaol.

23. As regards the other prisoners whose sentences have been commuted, together with the two whose sentence for the same crime was previously commuted, viz. Se Gondah and Nga Ahmat, I am of opinion, and the Executive Council agree with me, that it would be very desirable that they should undergo their sentence of penal servitude in Labuan, and that as legislation will be required to deport Sultan Abdullah and any of his chiefs to that colony, the same legislation could provide for the reception of the prisoners under sentence of penal servitude. I telegraphed to your Lordship on the 8th instant for authority to arrange with the Governor of Labuan for the necessary legis lation. Meanwhile, pending their disposal, I propose placing these prisoners in the civil gaol at Singapore.

I have, &c.

The Right Honourable the Earl of Carnarvon,

&c.

&c.

&c.

Enclosure 1.

WM. F. DRUMMOND JERVOIS.

Mr. SWETTENHAM to Mr. DAVIDSON, Perak.

SIR,

Colonial Secretary's Office, Singapore, December 5, 1876. I AM directed by the Governor to inform you that the trial of Maharajah Lela, Datu Sagor, Pandak Indut, Nga Jabbor, and Panjang Buh, as well as that of Si Tuah, all charged with having taken an active part in, or with having been accessories to, the murder of Mr. Birch has been fixed to come off next week at Larut, before the Rajah

* No. 46.

H 2

Enclosure 9

8th January

1877. Enclosure .

8th January

1877.

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