CO882-(3-4) — Page 329

PUBLIC RECORD OFFICE

سلسلسيليس

Reference:+

C.O. 882

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

PUBLIC RECORD OFFICE, LONDON

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Muda Yusuf and Rajab Allang Houssein, acting as judges under the act of appointment of the late Regent of Perak, and that his Excellency has appointed yourself and Mr. Maxwell to act as assessors at the trial at which Mr. Swettenham will conduct the prosecution.

The legal knowledge and experience possessed by yourself coupled with the magis- terial experience of Mr. Maxwell would, no doubt, of themselves suffice to ensure that the trial of these prisoners shall be conducted with fairness, patience, and impartiality; that proper forms of procedure are adopted, though unhampered by any purely legal technicalities; that the rules of evidence are adhered to as far as they may be applicable to a native tribunal; and that every circumstance which may tend to exculpate the prisoners, or to alternate the charges brought against them is fully brought before the

court.

But in the case of the surrender of the Maharajab Lela and his comrades, his Excellency is desirous of fulfilling scrupulously the pledge under which they surrendered to this Government, of a fair and open trial with a full opportunity of preparing and making their defence. With this view it has appeared to his Excellency unavoidable so far to depart from the ordinary usages of Malay tribunals as to engage a lawyer (Mr. J. D. Vaughan) to assist the accused, not merely in the preparation of their defence here, but in advising them during the trial at Larut. It will probably be best that in examining or cross-examining witnesses, Mr. Vaughan should put any questions either through his clients or the court, but on this point his Excellency would not wish to hamper your discretion. It will also probably be unavoidable that Mr. Vaughan should be allowed to make a plain statement of the facts upon which he relies for the defence for the consideration of the court.

J. G. Davidson, Esq.,

SIB,

H. B. M.'s Resident, Perak.

I have, &c. (Signed) F. A. SWETTENHAM,

Assistant Colonial Secretary for Native States.

Enclosure 2 not printed.

Enclosure 3.

Major DUNLOP to the COLONIAL SECRETARY.

Singapore, December 25, 1876.

I HAVE the honour to inform you that, in obedience to verbal instructions, I left Singapore in the Colonial steam-ship "Pluto," at daylight on Saturday the 9th instant, to conduct the prosecution in the case against the Maharajah Lela and others, to be tried in Larut, before a native court appointed under the authority of the Regent of Perak, for the murder of the late resident, Mr. Birch, Krani Mat Arshad, Din, and Esur Singh, at Passir Salak on the 2nd November 1875.

Mr. Swettenbam, the Assistant Colonial Secretary for Native States, accompanied me to assist in the prosecution, and Mr. Talbot to make a record of the proceedings.

Six of the prisoners, in charge of Lieut. Johnson and a guard of H.M.'s 80th Regiment had passage by the "Pluto," and Mr. Vaughan, barrister-at-law, who had been retained to defend all the prisoners, was also on board.

We reached Laroot on the morning of the 11th instant, landed the prisoners, and handed them over to the Laroot authorities for safe custody.

Rajah Muda Yusuf, Rajah Allang Hussein, and Rajah Driss had been appointed judges, any or all of them having power to sit. The last-named did not appear, as there is evidence to show that he was mixed up with other chiefs in the conspiracy against the late British Resident. The two former sat throughout the trial, and evinced the greatest interest in the proceedings. Mr. Davidson, Resident of Perak, and Mr. Maxwell watched the case on behalf of the Government, as assessors.

The court opened at 11.30 a.m., on the 14th instant, and, the constitution of the court having been produced, the indictment was read and the prisoners, by their counsel, pleaded severally "Not guilty."

The following were the prisoners

---*

1. Maharajah Lela.

2. Pandak Indut.

3. Che Ngah Jabbor.

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4. Panjang Bur.

5. Che Alli, alias Kulup Alli.

6. Datu Sagor.

7. S' Tuah.

The proceedings were conducted entirely in Malay, through Mr. Swettenham for the prosecution, whilst the cross-examination by the counsel for the defence was put through the court. In the same way the examination of witnesses for the defence was conducted through the court, Mr. Swettenham cross-examining.

Witnesses were called in the following order :-

14th Hamid, one of Mr. Birch's boatmen.

Mat Tahir,

15th Soodui

16th

ditto ditto

S'Gondah of Passir Salak

Deni Meruah,, a Bugis Rajah living near Passir Salak. A boo, a Tringaun man.

Koh ah Yong, Chinese Goldsmith.

Ah Choi, cook to above.

17th Sunday.

Haji Fatima

Haji Mat Amin Malays living near Bandur Bahru.

Sikai, wife of Seputum.

18th Allang Whor, a Perak trader.

Krani Mat Rouse, secretary to Sultan Abdullah. Haji Hussein, a Penang trader.

Krani Isabak, occasional clerk to Sultan Abdullah.

19th Inspector Lagis of the Perak police.

This closed the case for the prosecution, and the court adjourned until 10 a.m. on the 20th, when Mr. Vaughan, making a short address to the court, called witnesses for the defence, who were examined in the following order :-

Che Omar, Servant to No. 1.

20th Ngah Lahab Uncles to No. 1.

20th

Oodah Makamf

Anjang Kinchan, Passir Salak man. S' Choo,

ditto.

Tukang Anjang, Compong Gaja inan. Ngah Maasin, Passir Salak man.

21st

Sman

Abdullah

}

Servants and connexions of No. 1.

Inche Abdullah of Johore.

Mr. Vaughan then addressed the court, reviewing the evidence, and closed the defence.

The prosecution replied, and the court adjourned for the consideration of a verdict. The court re-opened at 11 a.m. on the 22nd instant, when the judges returned a verdict of" Guilty" against all the prisoners, and sentenced them to be hanged.

Our mission being thus coucluded, we left Larut at 1 p.m. on the 22nd instant, in the S.S."Kinta," for Penang. We reached Penang at 8.30 p.m. on the same day, and taking passage on board the P. and O. Co.'s S.S. "Khiva," left Penang at 6 p.m. on the 23rd, and arrived in Singapore this morning

The court was held in the Mantri's house at Metang, which had been fitted up for the occasion, a guard of one company of H.M.'s 1/10th Regiment being quartered in the building.

All the arrangements were good, and the court sat daily from 10.30 a.m. till 5 p.m. with half an hour's adjournment in the middle of the day.

I have the honor to enclose the proceedings of the court, evidence, cross-examination, &c., in detail as taken down by Mr. Talbot.

1 I considered it advisable to ask for the sentence to be entered in this book of proceed- ings, and this has consequently been done, the judges having entered their decision in the vernacular to which the Rajah Muda Yusuf placed his chop and Rajah Allang Hussein his signature.

The assessors, to whom I owe my best thanks for their assistance in the conduct of the procedure, have also signed the record in testimony of its accuracy.

Mr. Vaughan spared no pains on behalf of the prisoners and succeeded in making a very able defence.

H 3

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