1866-07-26 — Page 3

9-JULY 26, 1866.

Praer with Murder" ball include irigyan the said seas.and W..ter, ja the Barbour of Victen in thi re any Person shall with intet 10 e time of or immediately before, or

or com pitting such Act shall live dered or been accessory to the Mur. - Pesson.

Piraus shall include every Person opmitted an Act of Piracy as above

lumpeceived or taken into his Le satisfied by proof that the goods eged to have been received and taken =re found in any loase or Premiers, Junk, Vessel or Boat within which ged shall be found and of which said all, he shall be unable to give a

■nt.

Gond shall include Morey, Bill, and Personal Property of any kind

Hatsover.

dinance may be cited for all Purpos nce for the Suppression of Piracy Go,"

to bring to adjudication with as inconvenience possible, urry Jerson arged with the Crime of Piracy or he Offences hereinafter mentioned, rdinance › efined, there shall be cons Colony & Court of Record to be styled, art of Hongkong ist the huppression

Court and the President thereof for shall have ali such Powers En Arg

è supreme Court, and the Chief Jus

so far as they are necessary for ect the Provisions of this Ordinance with the object therof.

i Conner sbali consist of the Chief Ju

iral of the station, or the Senior ar the time being at Hongkong, and Court of Summary Jurisdiction, who he Offical Menbris of the said Court, er Persons to be up ointed by His Governor, włu: phuli be called Unoffi [the mid uit.

wing are the Offences "cognizable Court for the suppression of Piency," zenta sttached thereto, and to which tlor the said Court to sentence any iction, Are in each cuss prescribed after of the Offerice; and every Parton con- vih Ufence shall be galty of Felony, Person st have committed an act shan be brought or find within the gkong me shall be liable at the Descre- out to be kept in Penal Servitude in any ferm not exceeding Ten Years, an Five Years, or to be transported ng for any term not exceeding Tea

lest then Five Years.

Person sbull have committed an Act Violence and shall be brought or the Colony of Hongkong he shall be iscretion of the Court to be kept in Be in the Clony for Life or for any

than Four Years, or to be tran e Colony für Lule, or for any Term not teen Years.

Person shad! have committed on Act

■ Alurder, and white brenght or found my-ni Hingk mig heskalt suffer Death, Person shati within 1 wenty-four Ca

se anther in the mad or on the sen we set tarvi nny Pitate or aided, assiste , pencured, an ordad, counselled, or

fson whatsoever to do or commit any very Person shall, it brought or found City of Hongkong, be liable ut tha

the Contrs to be kept in Penal Servi

lang for my test exceeding Fitteen

1 less than Five Yeale, or to be trans the colony for suy terai not exceeding sand at less that Five Years.

Person shall within Twenty-four Ca i have enner on the land or un the sea et forth any Pirate, or aided, assisted, pozurel, chammad, curtoselled, or Person Whicitos ver lo de er commit any Liniennes of Piracy with Murder and in d such setting 10th, and, Assistance, proedvedlem, command, counsel, uz racy with Violence or a Piracy with teen cpmitted such first mentioned if brought, or Touud within the Colony be liable, at the Discretion of Court, Penal servitude in the Colony for Life erm socless than Fourteen Years, or to ed from the Colony or Life or for any

xceeding Fourteen Years ur to be in-

y

ny Teri zot exceeding Two Years with

ard Labour.

Person shall within Twenty-four Ca-

hs have truded with eny Pirate, knowing

ity of Piracy, or to be fitted out with

et courunitting Piracy, or who with the dge bail within the said dicole bare y Pirate with Arms, ammunitisa, Provi- ores of any kind or shall within the said any Junk, Vessels, or Buat knowingly esign to trade with, supply, or correspond Pirate, or if any Perene in wathiữ the- aid in any way have rensted, combined..

or corresponded with any Puate know

be guilty of Pitney such first mentioned

if found within the Colony of Hongkong,

the Discretion of the Court to be kupt vitude in the Colony for any Term not en Years and not less than Five Years or arted from the Colony for any Term not en Years and not less than five years. any Person knowing that an Act of Deen committed shall within Twentyfour muth upon the land or upon the sea

d, entertained, or concealed any Pirate ved within the limits aloresaid or taken tody any Junk, Vessels, Boat, Goods or

ch shall have been by such Pirate lelo-

n, such first mentioned Person shall, if

ught within the Colony of Hongkong be

e Discretion of the Court

be kept in

de in the Colony for any Term not ex- Years and not less than Five Yeate or urted from the Colony for any Term not

Years and less than Five Years.

nity Persunal have been brought or,

in the Colony of Hongking who shall

en within Twenty-one Days after the

of an Act of Piracy on board в Junk,

Bout, which Junk, Veasol, or Beat stall

bave taken part in sich Act of Piracy

all be unable to satisfy the Court that he beard such Jank, Vessel or Bast, at the commission of such Act of Pimcy.or, if site tine that he was not on board with isent or with the knowledge that an Act sabut to be committed, such Person le at the Discretion of the Court to be

nervitude in the Culass for any Term ag Ten Years and not less than Five be transported from the Colony for any. exceeding Ten Years and not less than , or ta be imprisoned for any Tern not

Tive Years with or without Hard

ny person shall hava been brought or in the Colony of Hongkong who shall -aren within Twenty-cse days after the of an Act of Pirety with Violence or th Murder on board a Junk, Vessel or

of Pirney with Violence or Piracy with end who shall be unable to antisfy the the was not on board kuch Junk, Vessel the Time of the Commission of such Act with Valence ar Piracy with Murder, or at uch lime that he was not on board own consent or with the knowledge that Piracy with Violence or Pitsey with Ta abuut to be committed, such Person fiable at the Discretion of the Court to be enal Servitude in the Colony for Life, or

rm not less than Fourteen Years or to be

d from the Colony for Life, or for any

less than Fourteen Years.

any Pertan shall be brought or found

e Colony of Hongkong who shall within Lays previously have been seen on Jet, Vessal of Bout equipped for the

of Pracy, and who shall be unable to

ne Cours that he was not on board such sel or Boat wish his own consent or with

No. 1119-JULY 26, 1866.]

DESTRUCTION OF PIRATICAL

FLEET BY II. M. SHIPS

OPOSSUM & OSPREY.

the knowledge that the same was equipped for the Tarps of Pirney, such Person shall be liably at the Discretior of the Court to be imprisoned for any Term not exceeding Three Years: fruvided alway's that after the coming into tperation of this ordi- oane, any Person shall be convicted of any Offence perishable hereunder whose Age shall not in the We have been favomed with the follow- Upinion of the Court exoved the Age of Sixteening account of the proceedings of H. M. Year, then and in every such Chee it shall be law- ful for the Court in addition to or in lien of tite Sentence passed or omitted to be passed for his Of fence to direct such Offender, to be sent at the Ex- piction of euch Sentence, or forthwith, as the Case this Colony (if the Dicceanss or Managers thereof may be to ang Roturmatory school established in shall be willing to receive such fender) and to be there detained for a period not less than One Year and not exceeding Five Years: Provided also thai

It shall be lawful for the said Lunel in addition to ang punishment hereby impused for any Offence

against this Ordinance, to order any Male Party or

exceed Sixteen Yes convicted under this Ordi-

Ships Osprey and Opossum during their

recent cruise in search of Pirates :—

H. M. S. Osprey, Commander Wo 1860, with the Gun Boat Opossum, Lieut. Menzies, left ifongkong on the 12th July, Commander Mainwaring, in search of pi

They proceeded to Nowehow Island and flance to Quan Chou Wan, ou leaving which place on the 16th instant, the Osprey unfortunately got on shore, owing it is

rates.

stated to incorrectness in the chart

assistance

THE CHINA MAIL.

The burning of the junka is stated to have been a most picturesque sight. The calibre of the guns carried varied from $2 to 4 pounders; each of the junks carrie stinkpots at the mast heads..

MISCELLANEOUS NEWS.

139

even the respect due to so high an authoty of a particular act when such act is con- not confined to specified hours (as directed. rity mot give way before the necessities of think so lone sight of the great practical paragraph V.), for reasous already assigned, trusted with the known law. They who in Battalion standing Orders page 18, the case.

truth, that while the latter is within the reach of all intelligent men the former more We quote from the Daily Press the obarges, and give Dr Woodward's defence particularly when considered in its criminal tires not only a deliberate ex bearings, requires at length:

ercise the enticated intelligence, but also The charges against the prisoner are as a competency to justly estimate the value followa,-

of fnots not in their usual, but extraordina

relations.

Ty

SECOND CHARGE.

still when made aware Colonel Browne wished

to the Battalion standing Orders. be complied with; I immediately did And if Colonel Browne did not receive memorandum I am unable to account its loss. And I beg most respectfully to submit that in so important a case as this,

the hea when health of a patient was at stake, the Battalion standing Orders might have been laid aside and overruled by my pro- fessional opinion, which I gave Colonel Browne in my letter of the 3rd instant you which bears materially upon the point Gentleman allow me to put a question to and which I request you will weigh in a medical

aedico legal point of view.

Suppose Mr Hyde's norvousness daily in- on a return of mental aberration (and of which I warned Col. Browne in iny letter of the 3rd Instant) under the influence of others, or suppose he even died and my treatment of Mr. Hyde's case was called in question (he having been put under my 28th May 1866.) And in vindication there- of, I were to assert that Colonel Browne did would he not be amenable to an action at civil law being brought against him by Mr, Hyde's family.

Parties whose age in the opinion of the Court shall but being under steam, with the fierce voe and lasted two liours. Sevenlysional treatment of Assistant Surgeon Hyde, letter to the adjutsut for the information creased by lengthened confinement, brought

nance, to be one, twice brice pubituly finged in the manner and subject to the conditions and re strictions drescribed and imposed with respect to flagging under Urdionuce No. 12 of 1805; and belore being discharged from Costody such Parties shall be marked with some indelible anck in such manner and in such part of the body as the Gov- eroor in Council may from the to tine direct

Vill, The Official Mentbers of the said Court shall take Precedence of the Deficial Members, and the ufficial Members shall, when sitting in Court take Precedence between themselves according to the Order in which their respective Offices are enumerated in the last section, and the Unofficial

Members according to the Pravity at their respective

Appointinents.

IX. The Court shall not be competent to try any Case unless Three Members at the least of ch Court shall be present at the bitting of such Court, and of these live Armibers, One, at the least, shall be the Chief Justics or the Julge of the Court of Summary Juradiction, and Oue at the least shall be

A Naval Officer.

X. The Chief Justice shall preside in the said Court, except when he shall be prevented by some necessary and reasonable Cause, and at any stating of the said Court which may be held during bia absence, the Member present next in preecdence after, the Chief Justice shall preside.

XI. No Naval Officer shall ba competent to ac as a Member of the said Court during the investig tion of any Matter in inch he shall have any interest of any kind direct or indirect.

XII. All Masters which suai raught before the said Courtell becnied by the Majority of Valee, The Presiden Since in Original Voi in common with the other Membe.& of the said Court, and if the President he the Chief Justice he chall have also a Casting Vote whenever upon any Question the Vntes shall be equally divided.

XIII. The Place at which the Court shall sit in Discharge of its Duties, shali bo such place as may from time to time be appointed for that purpose by the Clovernor, by any Notice in the Cavite.

For having in a letter, dated Hongkong 4th July, 1866, addressed to the Principal THE two gunboats Opossum and Osprey, Medical officer, Hongkong, reflected in- have just returned from a cruize to Hai juriously on the professional conduct of his

I beg to state that I regret Colonel Browne nan, which they left on the 20th Instant. Senior Medical officer, Staff Surgeon West should consider "the delay and suspense At that piration island they had a rega-freys . D. by imputing to him a grest of which I complain in my letter of the 4th lar engagement with 21 piratical junks, want of judginout, and the adoption of a instant was occasioned by any disobedience mounting 180 guys The fight was a course not in accordance with the usages of the standing orders of the Regt." On of the Service" with reference to his protesthe 30th ittimo I addressed the following pirates wore killed, eight were made pri- 2nd Battalion 20th during the time soners-and the junks all destroyed. The that he Statt Surgeon

on Woolfreys had tied of Colonel Browne Osprey had a wanduriu un board who eat charge of the said Assistant Surgeon

such imputations on the part twice in the hull by sfiot, The particulars Surgeon are published in our extra of this evening. ment, against his Senior officer being un- founded and to the prejudice of good order and military discipline.

For having in

letter dated Hongkong Officer, accused him, the said Command ing Office

was killed, The Opos8 was struck Hyde, Bud 2nd Batta., 20th Regi- for the information of the Companding which he was seriously to injure himself or

of the Opossum, and the rising tide was got off again without accident. They then con- nued their crnize to Hainan, searching se. veral Bays and Creeks, as well as overhaul. ing some Junks met with at sea, but ent success until the 18th instant when un going into Ty-Yu-Lin-Kan Bay infor- Hration was obtained that a number of pi ratical Juoka were anchored at Sama or The Pall Mall Gazette states that it Samoy Bay. under weigh and,

a quarter to 1 P.M.

..

HONGKONG, 30th June, 1866., SIR have the honor to acquaint you Officer that I have recommended for the consideration of the principal Medical Off- certhat Assistant Surgeon Hyde, 2 Batt. 20th Regt. he allowed to

sad that all re- he pleases, and thu striction be removed pending the decision to enquire into his mental condition. And the principal Medical Officer has informed me he does not object to the course I pro- use-I have the honor to bo, Sir, Your most obedient servant,

The prey immediately got is authoritatively asserted that the stop- 4th July 1866, adressed to his Command at any hour la take out door exercise special charge by Dr. Dick in a letter dated sum, steamed in search of them. At about age of the Agra and Masterman's Bank ID officer, of baving occasioned. "delay of the Medical Board ordorod, to assemble not coinply with my recommendations,

A

Opas

and, followed by the

the Opossum made signal that several Junks were in sight, few minutes after the Osprey having taken up position, which there was great difficulty in doing, owing to the shallow- ness of the water, commenced the action by opening tire with her 68 por. Pivot Gun, and almost immediately after with her 7 inch Armstrong Pivot Gun. The Opossum iroin her lighter draft of water was able to get nearer the enemy and at 1 P.M. opened fire. The juuks were in au ad- mirably defended position, buing anchored in a creek, the sides of which to a great

was due to the transmission of a lying telegrams to Bumbuy. From Bombay the malignant falsehood was of course flashed all over fadia, and the natural result was a un ou the Branches of the Bank. The managers driven by necessity or apprehen sion, or both combined, telegraphed to Lon- don for assistance which it was impossible to grant. inflicted on the perpetrator of auch an What punishment should be

act?

at

#by

and suspense," by not complying with his, Surgeon Woodward's recommendation, in respect to Assistant Surgeon Hyde, 2nd Battalion, 20th Regiment, whereas such delay and suspense were occasioned by Surgeon Woodward's own neglect of duty, and disobedience of the standing orders of the Battalion, such conduct on the part of Surgeon Woodward 2nd Battalion, 20th Regiment being to the prejudice of good order and Military Discipline,

For highly improper conduct in having 18 ongkong du or about the 10th July by Surgeon Woodward to the Acting Adjutant 2nd Battalion, 20th Assistant Surgeon Hyde 2nd Battalion, 20th Regiment, although the Surgeon Woodward Assistant Surgeon Hyde was then under inquiry by a Medical Board assembled by order of His Excellency the Major General Commanding, and that the said Board had not completed its proceedings,

extent protected them from the Osprey 5 Companies existing at the time of this date addressed a letter of the abovo

much esecution as she otherwise would

We learn from the Economist that, an advertisement bas appeared from Messrs, Keith & Co. of Langbourne Chambera, Fenchurch-strest, desiring bolders of bills of the Back of the Metropolis, Boston, U.S.A., ou Overend, Burney, & Co., ac.. cepted, or which may hereafter come for ward for acceptance, to communicate immediately with them, when they will discount them at Bank rates.

DR. WOODWARD's defence was as fol-

lows:

G. P. M. WOODWARD, M.D., Surgeon, 2nd Bet. 20th Regt.

Aeling Adjutant,

LIEUT, POWBE..

2nd Bat. 20th Regt.

received in reply the following letter:

MORRAY BARRACKS HONGKONG, 30th June, 1866. SIR.In reference to your letter of this

Lan directed to refer you to the standing

"

as to

With the exception of the removal of the Sentry on or aftor the 4th instant, and of which I was never officially acquainted, cone of my recommendatious respecting Mr. Hyde wore complied with by the com- manding officer (Prosecutor), and in con- sequence 1 addressed the following letter for transmission to Major General Guy –

HONGKONG, 4th July, 1866. SIRI bave the honor to forward the enclosed correspondence for the information and decision of the Major General com

nauding, as I

as I beg most respectfully to sub-

in my charge ought to be complied with,

without delay:

-and

For the last four days Mr. Hyde has been expecting to have his liberty restored bim, as recommended by me, and the delay and suspense occasioned by Col. Browne not complying with my recommendations is calculated to have a most injurious effect Sir, pour most obedient servant, upon Mr. Hyde,I have the honor to be

G. P. M. WOODWARD, Surgeon 2d Bat. 20th Regt. Colonel BROWNE, Commanding,

2nd Bat. 20th Regt. I beg to state that the

Oilers of the Battalion paragraph 32 eply have the honor to be Sir, Your most obedient Servaut,

(Signed) D. O. POWER,

Lieut. Adjutant, 20th Regt. Surgeon WooDWARD,

2nd Battallion, 20th Regt. immediately complied with this letter, and Idirected the Hospital Sergeant tomake out a memorandum in accordance with the Battalion Standing Orders, which I signed and which he informs me he sent to the Orderly room by the! Battalion Orderly

recommendations Corporal Not having received an auswer on the 2nd instant I Called upon Dr Dick I made were a purely professional nature and stated that neither my letter of the regarding the treatment I considered neces 30th ultimo nur Membrandum were consary for the welfare of a patient under my plied iu few hours after I received charge. And gentleman I submit, it is From win the following Memorandum quite impossible for me to carry out my professional duties satisfactorily if my re- commendations regarding the treatment of

THE ordinance No. 3 of 1866, enabling úre. Just before the Opossum commenced

contuencement of The companies ordi- to attack two of the heaviest armed Junks, pance 1865" or thereafter formed under Regiment, discharged from the Sick List date respecting. Assistant Surgeon: Hyde, mit that any professional recommendations que of which was afterward found to carry 18 large guus, opened on the Osprey with any other ordinance or lottery patent, to shell and rockets, and shortly afterwards the register under the said ordinance, has been woll knew that the mental condition of 21, with which you will be so good fage dake regarding the treatment of the sick other junks commenced tining on both ves- confirmed by Her Majesty. sels. The action was briskly sustained on both sides, the Junks keeping up a very wail directed fire, from which however, the high bank to the Northward of the Piratical craft much protected the Osprey as only a portion of their guns could be brought to bear on her, but the same Cause prevented the Osprey from doing a lave, done it being impossible to get her.op- posite the mouth of the Creek there being The fir only Fathom of water.

both sides until continued on ing was 3 P. M. when it was determined to land and take the Village and Junks,

blue;

Jackets party of about 60 men,

and Ma- rines, were accordingly landed from the two vessels, under the command of Com Tudor

Menales,

Mr accompanied by

de Greet, Assist. Pay as Aide canip, Lieutenant Meade and Mr Sanders Gunner whilet so attending and assisting thall be styled from H. M. S. Geprey and Me H. Thomas Boatswain of Opossum, The landing was effected without opposition about half intle from the creek, the Guns of the two surps (which were manned by various idlers and boys, as of course the best men selected for landing (still engaging the juuks.

XIV, The Pince in which the said Chart shall sit to hear and determine any matter shall be deemed B open Court to which the Puble generally may bare access so far as the cause can curiveniently Dontain them.

XV. The Governor shall direct n Seal to be made for the ideart and may direct the same to be. brake, altered and renewed at his Discretion, and Barts issuing from the said Court shall be sealed with the said Seal

XVI. The liegistrar and other fears of the attend the sittings ofte Supreme Court High Court of Hongkong for the suppression of Piracy, and assist in the Procedings thereof, and

Officers of such lust mentioned Cour

XVII. It shall be in the Power of the said Court to adjourn the Proceeding from Time to Time to Roy Day of Days to be fixed by in the event of the Absence of Witnesses or of any other couse which shall appear to them expedient.

XVIII. Every Member of the said Court befine he hall enter upon the bettina of any al the Duties of his affice shal take an orth in the are- "Sence of lits Excellency the Govenor in the Form

(Bottowing hat is to say)-

1, 3, ., do cojeanly wear that I will ac cording to the best of my skill and knowledge, act in the Execution of my Office of Member of the High Court of Hongkong for the Suppression of Pirary faithfully, inportially, fairly and without

*****

A

were

T

· GENTLEMEN, With reference to the first charge I beg most respectfully to submit, that I consider it is grounded upon solely a professional matter.

am accused of

of imputing to Staff Surgeon Woolfreys a great want of judg

and non-compliance with the usages" of the service in the course he adopted towards Mr Hyde.

to state that as the 4th instant 1 bog to

ment

I

was called upon by Dr. Dick the Princi-

3.

A WOMAN was shit last uight on the Pok- folum Road, about 25 miles from this, near Mr TORREY's former Bungalow by a Policy

It man who was on duty in that vicinity. has been quite common of late on that road to strip and rob coolies, employed by Euro-ipal Medical Officer, to give evidence be neighbourhood.

Constables Deans who hate their country seats in that for Medical Board on Mr Hyde's Mental

doing Condition. duty there are in consequence all armed

I conscientiously did so to the best of my with loaded muskets. On the night in ability, and read to the President a letter question the policeman" aforesaid heard a

which I left with him, and upon which this

is founded, bridge; great

emanating from under a Hoise,

discovered a upon looking down, he Bumber of Chinese; he hailed them; no answer being returned, he fired, and the woman was killed. The ball apparently wont through her left baud and lodged in A Coroner's inquest, to in- her heart. vestigate the particulars of this case, will be held to morrow afternoon at 3 o'clock.

reason I for stating therein that in ny opinion Surgeon Woolfreys showed a great want of judgment," was that after the elapse of only ten days he returned Mr Hyde insane, though on his arrival in Hongkong Surgeon Woolfreys states in his report to Dr. Dick "he (Mr Hyde) is now quite composed and has all his faculties clear,"

I maintain that no Medical man, Civil or

disease were only apparent for a very short Military would be justified in returning a patient insane, when the symptoms of such time most if not quite coased.

Tam

Memo

informed that no such notification

lonel Browne, but that upon its receipt it or Memorandum has been received by Co- will as a matter of course be approved

2nd July, 1866.

(Signed) W. D.

with. the sick under my charge bo not complied

THIRD CHARUR.

In denial of this charge I beg the Court will observe though I as accused of high- Early next morning I wrote to the Ady improper conduct for having discharg

ed pasistant Surgeon Flyde from the sick jutant enquiring into this, and as he in-

him, it is not even alleged that such con- forised me my first Memorandum had not list whilst a Medical Board was sitting on been received I despatched a second. recom- mending Assistant Surgeon Ilyde out door ducts as to the prejudice of good order

discipline, and Military

neither does the exercise between the hours of 8.30 4.3.

charge come nuder any of the articles of "I received the two following letters in her statute referring to

WRr, provisions of the Mutiny act, or and 8.30 PM.

the Jurisdiction reply.

of Court Martials. (Vide Simmonds on MURRAY BARRACKS,

Court Martials, 1863, 3rd July, 1866. andum of this date I am directed by the doubted right to discharge any Officer or to submit that as. I beg most repect 50, para. 404). SER-With reference to your Memor-Surgeon of the Begiment I have an un-

Hyde to one. In the present instance taking out door exercise between the hours found the lengthened confinement $23 off and 8 mi the morning and afternoon, having a most prejudicial effect upon Me but the Commanding Officer cannot concur Hyde's health and babits, and in the propriety of a sick Officer being out considered it was my imperative duty to laring the heat of the day at this cont Your most obedient Servant,

Court before he enters on the Dates of his said other side from the heavy and rapid tre D. Davidson, Geo, Brooks and Wm. Dol and at the end of ten days had al- Commanding Officer to inform you that he ran from the sick list without reference

"I, A... do solemnly Swear that I will according to the beat of my skill and knowledge act in the Execution of my office, and that I will conduct

to

lias no objection to Assistant Surgeon

I

hi from the sick list, more

myself with Respect to the Authority of the Menapidly done. Lieutnant-leade was most determined suicide, hy langing himself temparanent, I consider his nervousness, the guar-I have the honor to be, Sir, as he was in my opinion parfect-

bers of the High Court of Hurther and sion of Piracy to which Court an attached will Act with Fidelity in at the affairs which may belong to my Charge, without Reference or Faron either for Prosecutors or Prisoners, any other Persons. So Help me God."

XIX. For the Purpose of bring suy Offence un der the cognizance of the said Court, an Information shall be signed by the Attorney General.

usage

"that when there is a

(Signed) D. Ó. POWER,

Theut. Adjutant 2/20th Regt Surgeon WOODWARD,

2nd Battalion, 20th Regt."

Bud Letter.

ly sane.But knowing his case to be a peculiar one I begged of Dr. Dick President of the Medical Board then sitting on Mr Hyde to allow me to discharge that Officer from the sick list, and he referred me in of his letter answer "to the last

paragraph of the 30th. ultimo "-in" which he stated *he did not consider himself entitled to object to the course I proposed."

The landing party passed over a slight undulation of ground and approached the village and creek, in which the junks were anchored, from the Westward. A hill above 1nen was occupied by a party of Chinese who kept up a fire until dislodged by some men told of for the purpose-passing Prejudice either for or against Prosecutors or Prion with a cheer and drove the play from gistrate's Court, before M. C. Tousochy

round the base of the hill the men rushed THERE was a Coroner's Inquest beld this!

od afternoon at 34 o'clock at the Police Ms anera, or any other Persous. So thelp me God." the village to the junks, which they were

And every Registrar and other Ufficer of the said also obliged to abandon and escape to the Esq. and the following Jury: Messrs office shali take an Uath before one of the Judges af kept up by the blue Jackets and marines, and, on the body of Fo à Kwan, one of More especially in Mr Hyle's case, when the said Center who shall be empowered to admi-

not withstanding the etiorts of the Pines the pirates identified as baring boarded after auftred from nervous excitement nister the ne in the Form following that is to

well sustained fire of the Cesar on the 15th of June. Be Officer suffered from nervous excitement by a Ray)-

Guns and small grus.

tween the hours of 7 and 8 o'clock this brought an apparently by fear," and as Mr Commander Menzies then gave orders to board and set fire to the Junks which was moining the criminal committed a most Hyde is a man of most excitable nervoas

Would

be aterially increased by knowing active in this duty and himself tired several. by means of his own quene lo a small his Medical attendant considered him mad the total number destroyed was 22, some iron hooktar which kept one of the venti and returned him on the sick list as such. of them being very large and the number iators open. To facilitate matters he had As regards the statement that Surgeon Woni

The

etepped upon a bucket, which was cless freys did not comply with the "usages" of the of men was estimated at over 700. execution done was very great, and it altogether a lost dashing and gallaut affair at hand and had apparent y kicked the service, I beg to state that I believe it to be the

same away when, ready to strangle him invariable

MURRAY BARRACKS, 1 carried 17 Of the Jauks destroyed 1

3rd July, 1866. Guus, 7 were of 15 Guns, 9 of 12, and 4 self-for when the cell was entered the

Six,-I am directed by the Commanding of a powerful fores to attack with utensil was lying in such a position as to

Oficer to enquire of you if the special or- induce the belief that he had used it in disease is

before during my f And I havored the manner just described. Thus has the

fifteen derlies at present furnished for Assistant poor wretch cheated the gallows, to which years service seen this "usage departed Surgeon Hyde are still necessary. at u all likelihood he was most justly en! from. At the present time (or at least up the honor to be, Sir, Your most obedient

to the date of my arrest) there was a Pri-Servant,

(Signed) D. O. POWER, Lieut., vate Soldier in Hospital admitted on the The verdict returned was--Died by

manity, but

•he was 2nd June for supposed insanity,

"Adjutant 2nd Bat, 20 Regt.. suicide.

on the 11th instant atili ander observation,

Surgeon WooDWARD,. on such and his disease not.

When not diagnosed. W the said Court shall take place before the Supreme the hil during the first advance; he was

ant believe su Court in case where the Supreme Court has Jurispruck in the leg by a musket ball and DURING a plause in the proceedings at the precaution is so

So Emantial, diction to try the fence for which sucks Personalen back to the boats which had been Police Court this morning, Captain Pix universally practised throughout the ser-

Private Soldier observed Colonel Browne did not comply 233 point

in the case of leit near the

of del original

atley, Superintendent of the Sailor's. Home, how much more essential is it in the case with my recommendation as Dr Dick in- XXII. The Rules of Evidence observed in the iu charge of Mr Faynascer Sociven and a Supreme Court in its Criminal Jurisdiction eball, few mess and conveyed on board the Osprey, bad sume conversation with Elis. Worship an Oficer and a Medical man, that a con- formed me would be done as a matter of accused of having taken upon myself to dis except as herein spesially provided, and until other

used regarding the attendance of the Pulice siderable time should be allowed to elapse, course," but the Commanding Officer hiu-charge Mr Hyde from the sick list, 1 im The Mandarin Lyang

be mediately took the letter and called upon appointed the hours hic co near the Institution in question. Captain. wiso provided by competent Autarity in that

ata. the expedition was unfortunately

possible doubt removed, before he

patient

take

Dr Dick, who told me he considered I was behalf, ha applicable to, and observed in the Trial of al Questions of Fact in the Cours established in Wounded while gallantly trying to cross Fixley seemed to think that the guardians be returned as labouring under insanity--it thought the Medical

the creek he was struck in the left arm of the public peace were not always quite sing such a serious and formidable purenance of this Urdinance,

Hip allow and

much

"injured, (ompound } so ready as he could wish, to tako some of and one that must ruin a man's prospects for state in

page distinctly nerfectly justified as surgeon of the regi- XXIII. Every Person who upon any Examina-fracture) he however persisted in press the refractory inmates of the Home into life. And Gentlemen; I put the quest it was an essential part of my treit! 2000x tion upon Oath or upon Affirmation or Declaration on with they had captured 4 prisoners Inspector and Constables on duty in that or intimate friend, should at any time be mont.in Mr Hyde's case (who I considered with

ing on couple of the Osprey's blue custody. Instructions were given that the to you, suppose you yourselves, your jackets, aud when the Lyang received a Musket or Rifle neighbourhood should render the Super-terapor

unfortunate enough to suffer from slight tenced without further Trial to a Tera of ImprisonBall in the bowels, and fell. The intendent as much aid az possible in future; } consider that the Medical attendant was be should bave no restraint over him as I not hold water and he would see the Maior

XX. From and siter the commencement of this sloop of 4 Guns and a Gun Boat. After Ordinance every person who, but for this dinnertise engagement the Villagers stated that would be committed for Trial before the Supreme the number of killed amounted to 150 Court for Pitucy or any Offence connected therewith shail in lieu thereof be committed for Trial before but this is greatly over the mark about 80 or 20 would to the provable number. the Court established by this ordinance.

One seaman belonging to H.M.S. Osprey

wonnded

tire from was was severely wants coupled the top of

XXI. It shall be lawful for the Attorney General if he shall thing expedient so to do, to direct that

the Trial of any Pecson committed for Trial before

shall have been cominated as aforesaid.

before the said Court shall in its pition have villu ly and corruptly given false Evidence shat! be sn ment not exceeding tighteen Months with or without Hard Labour.

the

the

debarkation

men in

titled

is the slightest doubt, he is kept under ob patient of whose mental unsoundness there servation for at lasst one month before his

never

vico

стер

and

ali

of

It was therefore with Dr. Dick's know ledge and concurrence that I discharged Mr. Hyde from the sick list, a coura I should not have adopted under the peculiar circumstances of his cass on my own re- sponsibility.

But having obtained the concurrence of the principal Medical Officer in the com- I naturally concluded it was conclu- 2nd But. 20th Regt.

mand, I sive and sufficient, or he would not have From the first of these letters it will be told me he did not object to the course

as in the order for my arrost, I was

self

cessary niy

disease

you

temporary mental derangement, would the boat brought him out of action but be

they were clear of the enemy's tire heaud Captain Pixley left with the deter justified in returning you insane after the XXIV. The Pration of the said Court shall, recived a third wound; this time in the mination, expresset viva noce, to have all Except where offer wiss hercia provided or by the Rules or Orders to be trum Dine to Time mode and left leg, two of the prisoners being also drunkards within the four walls of the

wounded by the fire kept up by the pirates Home given forthwith in charge here approved under the Provisions heren bo o far as the Circumstances of the Case will adinit, accordingle was at once conveyed out of the creek after. The reputation of the Institution

to the present Practice of the Supreme Court.

in

not subject to the ing Officer

s of

my

as regards Medical treatment.

the 30th ultimo,

was as follows :

一

VI tilat ment in discharging Mr Hyde from the

Stck list Commadick! if I thought it, although a medical board was sitting on him, and further, assented

rge would

SU

to my statement that I had done

his conenrrence, he aleo said (to

rota

letter

Ast.

was suffering solely from nervousness) that use his own expression 1) the charge

General on the subject. He on the 11th justant to the Act. Dop Adit General fully vindicating my con- duct which letter has been read in Court. and I am

am aure you will agree in considering me perfectly justified in the course I pur- knowing that I acted with the princi- Medical Officer's concurrence and

ready stated, that it is my firm conviction

Blid

sued.

the same skippan, towards tha boats, one in question will indubitably suffer if be considered "anfounded." And she strongest for the information of the Officer Command pallene I again. repeat what I have al

XXV. And to the Bud sud Intent that the

of which immediately embarked and took Proceduru and Practice of the said Court may be of bun to the Usprey in order that Medical does not carry out this laudable intention.prod the most simple and Expeditious Character, it shall Assistance might be afforded. He died on

be lawful for the Chief Justice to make, and he is

Deas

recoinmended

is not

informed Colonel Browie in my letter of lapse of ten days observation? No Gen-

My answer to the Adjutant's two letters tlenier, I feel sura you will agree with me in saying, though it would have been better I

HONGKONG, 3rd July, 1866. had not made a remark reflecting on my Senior Officer, still my statement cannot be

SIR-I have the honor to acquaint you that

Medical Board of ing that I have already requested in a letter which Staff Surgeon. Woulfrey was a menseing the ruralno ad dreamed to

you that Mr Hyde be kept all restriction over Me Hyde be removed, Mr Hyde ja

from my in- regret of the Officers, by whom he was this air island is improving, or else the under further observation until his sound the greatest restriction at present being the timate knowledge Bane

or him both priva is satisfactorily established," of wind

sentry placed over him, if also he is Axcessively warm weather we have of laterisara still entertained of his insa there is a restriction over him and any res-allow that my opinion on the subject

to the most transient observer that allowed to go out at his own discretion and in the discharge of our public

for the last five years. I think you will doubts ware nity though two months have now elapsed triction is in my opi

my opinion calculated to have

have worthy of consideration, more especially sinee Surgeon Woolfreys returned biru in a wost injurious affect and likely to cause as I made a special study of mental disease,

head of "Visania," but sage under the

a return of mental aberration, and I beg to

I

**stitution. what particular condition of mental request. that Mr Hyde be allowed to leave several months at an eminent public In soundness the term implies, or to what class his rooms at any hour of the day he pleases, Tie hallucinations which exhibited of mental daraugement it belongs, neither se I fest sure should he wish to go ont themselves for a few days on board H.M. Dr. Dick, the Principal Medical Officer, in the middle of the day he will take pro- 8. Adventure, were occasioned in my opi Dor Staff Surgeon Woolfreys can define or per procations against the heat.- have determine the nature of (as they stated in the honor to be, Sir, Your most obedient in as follows

Servant, crossesamination.)

Gentleman

your permission I will quote a short abstract from the work of one of the ablest writers on insanity.

the evening of the 21st inst., much to the EITHER the morality of the denizens of her tereby required to make and from time to time to mmend all necessary Rules and Orders, and to frame

much liked, and who appreciated his brave Proceedings for Regulating the Procedure and

couduct. Practice of the said Churt, and generally or carrying

The Osprey left Sama Bay on the evening buen experiencing, is exercising a benef the Provisions of thin-cdiuatice into effect, subject

of the 20th with the Opossum gun buat incial influence on the misapplied eneries nevertheless to amendment and approval of all such

of the viciously-inclined insong them. The toy and arrived here on the orÀ Rules Urders and Proceedings by the Governor in

The Opossum, landed the mortal re very few, and compartiely important Executive Council, and such itales, Ordera or Forme, br Amended Reless Orders and Forma shail ba mams of the Mandarin Lyang at Kowloon half a dozen cases brought into Court this this morning where they were received with submitted to the Legislative Count who may allow, disallow, or alter the same and the Kafes, Urders all the bonour due to the Rank of the morning, at all events, would almost seetn

to warrant this conclusion. and Forms to allowed o altered shall be of the same

deceased. They will be sent to Canton tó- Force and Effect As if they had been specially morrow for interment. inserted herein. Barristers and Attornies buil respectively have and enjoy the like Privilege of

Since writing the above we have learned

practising before, and be subject to the like Authority that the piratical fleet consisted of three

of the said Court as they have and enjoy, and are

subject to in the Supreme Court.

XXVI.

All Lawe, Statutes, Ordinances and aparate squadrous. Two of the chiefa

to be of no Force and Effect whutenever within the

COURT MARTIAL ON DR. WOODWARD.

(From the Evening Matt.")

Taages indbrisistent with the Provisions of this came from Macas and the other from Co. THE Court Martial on Dr WoouwARD 18 Urdinace shall be at the same bereby are declared chin China. The latter had hauled his Colony of Hongkong Provided siways that nothing janks into the creek hoping to escape ob. kerem contained shall be construed in any way to gervation having been informed of the leks away, abridge or affect the Jurisdiction now exercised by the Eupreme Court,

proximity of H. M. ships,

still going o We regret to be obliged, in the performance of our duty to the public to ignore the amusing medio, signed by Lieut, Colonel Lovell, but consider that

"It will hereafter be sufficiently evi dent that a greater error vannot exist than the supposition entertained by some, who consider the investigation of soundness or unsoundness of mind comes equally within the range of the ordinary judgment, as the determination of the abstract criminali

F

∙G. M. WOODWARD, Suryzoni 2nd But. 20 Regt. Lieut. POWER,

in

Mr Hyde is most excitable, nervous. man, and in consequence of a representa tion he made to his commanding officer reflecting upon the manner in which the Itchibou exchange had been carried out in

Japan, together with an article that Acting Adjutant, 2nd Bat. 20th Regt.

I beg to request the Court will observe, appeared in the Japan Times, threatening though I considered it essential no restraint the offer who made the charge of having should be over Mr Hyde, and that lie sleuld laid himself open to be tried by court, maar be allowed to go in and out when he pleased tial, o.-These united, worked so powerful- (a part of the treatment of his case), and ly upon his nervous system that for a short