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PUBLIC RECORD OFFICE

Reference :

C.O. 882

4PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

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The happy manner in which Mr. Swettenham conducted the examination of the witnesses, and his closing review of the whole case, reflect the greatest credit on him. I would again beg to bring his name to the notice of his Excellency the Governor.

I have, &c.

(Signed)

S. DUNLOP, Major,

The Honourble the Colonial Secretary,

Straits Settlements.

Inspector General of Police,

Straits Settlements.

SIR,

Enclosure 4.

MR. DAVIDSON to the COLONIAL SECRETARY.

*

Larut, December 24, 1876. I HAVE the honor to report that in pursuance of instructions contained in

your letter Native 14 Perak of the 5th instant, and by arrangement with Major Dunlop, Mr. Swettenham and Mr. Vaughan, the court appointed to try Maharajah Lela, Datu Sagor, Pandak Indut, Nga Jabbor, Panjang Bub, Kulup Alli and Si Tuah, commenced to sit on the 14th instant. The prisoners were duly arraigned and all pleaded "Not guilty." Mr. Swettenham then addressed the court and called the witnesses for the prosecution. The case for the prosecution lasted till noon on the 19th instant, when, at Mr. Vaughan's request, the court adjourned till the following day to enable him to prepare his defence. On the 20th instant Mr. Vaughan opened the case for the defence, and proceeded to call witnesses. He closed his case on the afternoon of the 21st, and addressed the court on the whole case, and Mr. Swettenham replied.

The court then adjourned till the next day.

The judges in the meantime having consulted together and agreed as to the verdict and sentence, the court was opened at 11 o'clock on the 22nd instant, and the Rajah Muda stated that the court found all the prisoners guilty of the murder of Mr. Birch, Krani Marsat, Esur Sing, and Din, and sentenced them to death by banging.

The proceedings at the trial signed by me were delivered to Major Dunlop, who left for Singapore immediately after it was finished.

At the meeting of the court on the 14th instant, a letter from Mr. Vaughan, dated the 13th instant, of which a copy is annexed, was handed to me. There was no time to reply in writing without delaying the court, and when it opened I verbally explained to Mr. Vaughan that he had been misinformed as to the constitution of the court, that the judges, who were to try his clients, had been appointed by Sultan Abdullah acting through the late Rajah Bandahara, and that Mr. Maxwell and myself were only assessors appointed by his Excellency the Governor for the purpose generally of seeing that the proceedings at the trial were fairly and regularly conducted, and I handed to him for perusal and examination the appointment of judges made by the late Regent.

It did not appear to me that any of the other matters mentioned in Mr. Vaughan's letter required special answer, and I thought it would be unfair to the prisoners to read in open court the second, third, and fourth paragraphs of it.

The Sultan of Perak has always had power to appoint judges to try special cases, and there is no precedent for alleging that persons of the rank of Maharajah Lela and Datu Sagor could only be tried by the Bandahara or the Sultan sitting with the Bandabara.

Mr. Vaughan's information about the position of the Rajabs of royal blood is also inaccurate, It is true that they have no recognised official position in the State, simply from the fact of their being Rajahs, but their royal blood does not disqualify them from filling any offices to which they may be appointed. The three highest offices of the State, viz., those of the Sultan, Rajah Muda, and Rajah Bandahara can only be filled by members of the royal family, and Rajah Driss has for nearly two years acted as a judge of Perak under an appointment from Sultan Abdullah, and no objection was ever taken to his appointment.

I have, &c. (Signed)

The Honourable the Colonial Secretary, Straits Settlement.

J. G. DAVIDSON,

Resident of Perak.

SIB,

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Sub-enclosure in Enclosure 4.

Mr. VAUGHAN to Mr. DAVIDSON.

Larut, December 13, 1876. BELIEVE the Rajah Muda of Perak, Tunku Usuff, and Rajah Allang Hussain, assisted by yourself and Mr. W. E. Maxwell as assessors, have been constituted a criminal court by the Government of the Straits Settlements to try my clients, the Maharajah Lela, the Datu Sagor, and others, for the murder of the late Mr. Birch at Passir Salak, on the 2nd November last.

Under the Malayan rule, before the British Government interfered in the affairs of Perak, if one of the orang besar lapan (the eight muntris), like the Maharajah Lela and Datu Sagor, had been accused of murder, he would have been tried by the Bandahara, or the Sultan sitting with the Bandahara; but under no circumstances by the Rajah Muda, or any of the other Rajahs of royal blood. These had no official position in the State, and had no duties to perform. Another objection to the Rajab Muda is that he has openly espoused a policy that has always been opposed by the Maharajah Lela, and he (the Rajah Muda) has always borne an indifferent character. There are no objections to Rajah Allang Hussain, so far as his private character is concerned, but as he also would have had no official status under the Malay Govern- ment, and could not have acted as a judge, my clients object to his being one of their judges. My clients also object to the above Rajahs sitting as judges, inasmuch as they are not appointed under the band and seal of either of the Sultans, Ismail or Abdullah. My clients also object to the innovation of two English officers being appointed to form part of a Malay court ostensibly assembled to try prisoners charged with murder.

My clients Maharajah Lela and his followers have also instructed me to protest against the trial, upon the ground that they only surrendered themselves in consequence of the safe conduct promised them by the Maharajah of Johore. The messengers from Johore promised Maharajah Lela and followers at Kota Lama, that they should not be prosecuted, nor their lives endangered in any way, but that they should be treated with the same consideration as their Sultan Ismail. If it had not been for such promises, my clients would have remained in the interior of Perak and would have taken their chance. They feel they have been treacherously dealt with, in being giving up by the Maharajah of Johore to the British Government.

3. My clients, including Datu Sagor, also protest against the trial upon the ground that the offence, if any, committed by the prisoners, is a political one, and should be dealt with as such; and they should not be subjected to the indignity of a trial as murderers.

4. I may also remind you that, under the Malayan Government, the penalty for murder was a fine. Sultan Jaffir, thirteen years ago, fined the Datu Baudar (one of the eight Muntris) $3000 for killing Paughina Passwan.

J. G. Davidson, Esq.

SIR,

H. B. M.'s Resident,

Perak.

I have, &c. (Signed) J. D. VAUGHAN.

Enclosure 5.

SECRETARY.

Mr. VAUGHAN to the COLONIAL

Singapore, December 28, 1876.

I HAVE the honor to state for the consideration of his Excellency the Governor, that the Maharajah Lela and his companions maintained to the last that the messengers sent them in the jungle by the Maharajah of Johore promised that they should be treated with the same consideration as their Sultan Ismail. That they should not be prosecuted or killed, or imprisoned, or transported to Bombay or elsewhere; that, if these promises had not been made, they would not have surrendered themselves and might have remained in the interior unharmed. After the prisoners were sentenced, I saw them in jail and they had nothing more to say than I have set forth above. They appeared to feel that they had been treacherously dealt with by the Maharajah of Johore, and begged me to bring this matter to the notice of the Governor.

I consider that the prisoners had an exceedingly fair trial, and the resident of Perak did his utmost to collect all the witnesses they required, and with the exception of one who had died, none were absent.

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PUBLIC RECORD OFFICE

Reference:

C.O. 882

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PUBLIC RECORD OFFICE, LONDON

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I would urge in favor of Maharajah Lela, that he was always opposed to British inter- vention, and fairly warned Sultan Abdullah that he would not allow Mr. Birch to land at Passir Salak or interefere with impunity. It appears to me from the evidence given by three of the Sultan's writers at the trial, that Sultan Abdullah is chiefly responsible for the death of Mr. Birch.

The Honourable J. Douglas, C.M.G.

Colonial Secretary.

Enclosure 6.

(Signed)

I have, &c.

J. D. VAUGHAN.

H. H. THE Maharajah of JOHORE to H. E. Sir W. JERVOIS.

Istana, Johore, January 5, 1877.

SIB,

I HAVE the honor to acknowledge the receipt of your Excellency's letter dated the 2nd January instant, sending to me a copy a letter dated the 28th December 1876, addressed to your Colonial Secretary by the advocate of the Maharajah Lela and others, relating to certain statements made by the Maharajah Lela and his companions, and asking for my observations on the first paragraph thereof.

I have read with very great surprise the statements set forth in the first paragraph of the letter referred to as having been made by the Maharajah Lela and his companions and I have no hesitation in giving them my most unqualified denial.

The messengers who I sent to Qualla Kangsa to meet Maharajah Lela, were my brother, Unkoo Abdul Majid, and my private secretary, Mr. Hole, and they give me the assurance that no such promises as those set forth in the letter referred to were given by them or on my behalf. The only terms proposed by Maharajah Lela and his followers were four in number, namely:-

1. That a sum of $400 should be paid to his family.

2. That protection should be afforded to the inhabitants of Kota Lama by Mr.

Davidson.

3. That Orang Kaya Abdulrahman, one of my men, remain behind at Kota Lama.

4. That a letter guaranteeing safe conduct to Johore Bahru for Maharajah Lela and

his followers should be given by my messengers.

All these conditions were agreed to and I enclose a translation of the safe conduct given to the Maharajah Lela and his followers for your Excellency's information. Your Excellency will observe that it was not only signed by my brother, Unkoo Abdul Majid, and Mr. Hole, but also by others of the party who accompanied them.

As your Excellency is aware, after the arrival of Maharajah Lela and his followers at Johore in my steamer, " Pontie," they remained there about a week. During this time I had many conversations with Maharajah Lela, and in none of these did he ever refer to any promises, such as those set forth in the letter of his advocate above referred to. All that he asked for was a fair and open trial.

When he and his followers surrendered themselves to the British Government, on the 28th July last, the terms of there surrender were, as Your Excellency is aware, expressed in a letter which I had the honor to address to Your Excellency, dated the 28th July 1876, which was delivered to your Colonial Secretary in the presence of the parties surrendering, and the terms of which were again fully recapitulated in a speech which the Colonial Secretary then addressed to the Maharajah Lela and his followers which was at the same time interpreted to them by the interpreter of your Government.

I

may add that two or three days before the removal of the parties to Larut, at the request of Maharajah Lela I visited him at the sheriffs gaol in Singapore, in company with Mr. Vaughan, when he asked how it was that he was to be sent to Larut, as be understood he was to be tried in Singapore. I explained to him that it had been found that as Mr. Birch had been killed in Perak, the trial must take place there, and on this occasion also, when I presume the nature of the charge preferred against him, had been duly explained to him, no word was said as to any such assurances as he now alleges.

From these facts therefore, it would seem that the complainant in Mr. Vanghan's letter is, at least, an afterthought.

I have, &c. (Signed) Maharajah of JOHORE,

(In Native Characters.)

His Excellency,

Sir William F. Drummond Jervois, C,B,, K.C.M,G.,

&c.

&c.

&c.

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(Translation.)

Written this in the country of Perak, at Kota Lama, on the 17th day of the month of Jamadil Akhir 1293 :—

It is to declare that we, Ungkoo Abdul Majid and Mr. Hole, both messengers from H. H. the Maharajah of Johore, do hereby promise that as to Orang Kaya Balic Maharajah Lilah, Pandak Indot, and Toh Silllah going over to Johore Bahru to see Yang di Pertuan Sultan Ismail and H. H. the Maharajah of Johore, we therefore, do hereby declare that they (the said Datohs) have nothing to fear and doubt on their way from within the country of Perak, passing by Qualla Kangsa, till they are safely embarked on board H. H. the Maharajah's steamer, at Telok Kartang in the Larut River, and no European will touch or interfere them when they are on board the steamer, but they will be quite safe and in peace till they are duly landed in Johore Babru, and whatever may be their affairs, we will accompany them together to go before the two above-named Rajahs. Truly and clearly of what is here above mentioned, therefore we and Orang Orang Kaya Abdulrahman and others have signed our signatures.

ABDUL MAJID BIN IBRAHIM,

SIB,

WILLIAM HOLE,

ABDULRAHMAN,

ABDULLAH BIN Tamir,

Haire MahomED STED KLANTAN,

SHAIK MAHOMED SAIB ALMANang Kabow.

Enclosure 7 not printed.

Enclosures 8 and 9 not printed.

No. 60.

COLONIAL OFFICE to H. LOWE, Esquire.

Downing Street, February 12, 1877. I AM directed by the Earl of Carnarvon to inform you that the office of Principal Resident in Perak is vacant, through the resignation of Mr. Davidson, and that his Lordship is willing to appoint you to the place to which a salary of $7,200 will hence- forth be attached, provided that the revenue of the State of Perak is found suficient to maintain the settlement on its present scale.

It is desirable that you should proceed at as early a date as possible to take up your duties, and his Lordship would be glad to learn that you would be prepared to start by the steamer leaving Marseilles on the 25th instant.

I am &c.

(Signed)

R. H. MEADE.

No. 61.

The EARL OF CARNARVON to GOVERNOR SIR W. F. D. JERVOIS, K.C.M.G., C.B. (No. 29.)

Downing Street, February 15, 1877.

SIR,

I HAVE the honour to acknowledge the receipt of your Despatch, No. 369, of the 18th October 1876, reporting the steps which you propose to take to organise a police force for Perak, and of your telegram of the 20th December 1876 in reply to mine of the 15th of that month.

2. On receiving your despatch under acknowledgment, I was at first disposed to doubt whether my despatch of the 16th August† might not have led you to believe that I attached special "importance to the organisation of this force on a scale which would enable it to bear at least some comparison in point of numbers with the regular force which it is intended to replace, and this doubt found expression in my telegram of the 13th December. Your reply to that telegram, however, makes it clear that the scheme described in your despatch represents only what, after full consideration, you consider to be requisite in the present circumstances of Perak. While, therefore, I think it desirable to call your attention to certain portions of this scheme which appear to me either to be

• No. 7.

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↑ No. 54, of Eastern No. 20.”

‡ No. 26.

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