A 16 of 1851.
Inclosures No 1 in Dish:
at Cantons intimating
Seizure of Phuc - tho-
"Letter from a whinese
Revel 147
At The Gowary, 1851,
70
at even its greatest advocates will not asses how far they followed as he was lying on the gruun
one officer was short, the other tall never saw them of use in reclaiming offenders. With the verdict differ; and we have also something akerwards; dut not see the body of Captain DaCosta; never saw the officers before, knows nothing more of to say on the manner in which the case was brought before the Court; up these points how his own knowledge.
Cross examined, -Chuy-apo lives next door; there ever we cannot enter prent, but may do so in is no communication between the houses-does not our next issue.
know whether Cluy-apo was armed before he was On the enbject of the line of defence we are also struck; he aimed bisoif immediately after he was unable to speak Tougth, and wherefore for the struck. Chuy-apo was in a 'passion; he did not prescat refe from speaki gnt merely re-speak or say what put him in a passion; his daughter- marking that we feel convinced that nd Chuy-in-law ran away after the foreigners had been wound- himself on his trial without a defender, ape is his brother's widow's husband. The officers ed outside; his wife called out "save life," Chuy- apo ut uke exes would have resulted as it has done,
had created a diaturbanes in Chuy-apo's house be- fera this, but does not know anything from his own
An extra Sessions of the Supreme Court was held knowledge. He did not see the officers wounded, on the 10th instant, for trial of Chuy-aps, charged locks with other things; the paddy fehl belongs to Chuy-aph is possessed of a house, and 7 or bul- with the murder of Captain DaCosta at Wong-na-hig, Chuy-ago's wife. Le-acow is his son; Lo-acow
kok, on the 25th day of February, 1849.
The Attorney General for the Crown. Mr. Gaskell for Prisoner.
The Attorney General proposed to consolidate the two indictments, one for murder by stabbing, and the other for caurder by drowning.
did not assist in killing the officers, saw Clan-kow
sman, Ahing, Leen-ping, Aman, and others assisting killing the officers; the nen gave a reason for attacking the foreigners.
Le-arow, boy, sworn, (son of last witness), ---Re- members the 25th February, 1849; was at home at
rice, lis sister-in-law waking up a fire, when two off-
Mr. Gaskell agreed to this. He objected to juris. Idiction, founding objection wording of Supple-Wong ma-kok on that day, his mother was washing Imentary Treaty, frote taken by his Lordship),
Chuy-apo refneed to plead; frdictment read by Mr. per came into the house and enciraced ber; his sister- in-law's fires witness name is Lo-chun-ebe; she and ins R. D. Cay, Registrar of Court, plea of "not guilty" ther called eas for help, and Chug-apo and others entereil.
Further objection on ground of kidnapping, to being annoyed came and beat the officers; the officers settled by Su and Sir George Rocham: warrant of did nothing else but embrace his sister-in-law; she Curader demand, to show the illegality of con- ciste, is father tried to get the officers out of mittal. His Lordship remarked that it inattered the house before Chuy-apo came. Chuy-apo esme as ittle, there was the man. Indictment translated by soon as the women called for help, his father was M. R. D. Caldwell. Answer by Choy-egGod on the head: then Chay-apo went and antned above and earth below. Told he might challenge embraced, he first of all requested them (the officers) himself; witen his father saw his daughter-in-law the Jury. His vounsel demanded a Jury de mesitate Langue, when the folowing were empanelled. Eng-father on the head, the ground bied; the prisoner and to leave the house; they would not, they struck his
lishmen, J. C. Bowring, G. Smart, nid W. A. Bow
his party then caron; after Choy apo came he stab- Foreigners-J. A. Barretto, S. Dellevic, and F. A.
bel the othcers at the corner of the house; Chuv- langel.
The Attorney General stated the ease.
apo only came once, he was armed, did not see what Lo-chun-she, girl, sword,-Recollects the 25th Feb-occurred outside, be remained at home, saw the off- ruary, 1849, was then living at Wong-ma-kok in L-cere strike Clay-apo's party. Clay-apo's party did not strike the officers. The officers were carried and asse's her father-in-law) house. While cooking din
thrown away, after they were stabbed; the place where ner, two foreigners came in and exubraced her, one was
they were stabbed is several tens of cords from the
dressed in dark clothes, and the other in white; they bouse, the officers ran there; they were pursted; there were dresser as civilians. Thoy carte from Chuck- chu; never saw them before; both embraced here his house; the rick field was what he meant when is a road to the brick field where they were killed from embraced her from behind, the other from before he said the corner of the house; the officers struck Her mother-in-law tried to get her away from them. Lo-chow-she is her mother-in-law's name, does not know where her mother-in-law, is at present; they struck, her mother-in-law, blackened her, eye and cut ber father-in-law's head. Her father-in-law's wound bled from blow with a stick; both had sticka, they were amonth walking sticks with knobs. Father and mother-in-law tried to push them out of house-they would out go, but flourished thirr sticks at all neai them. Chur-apa came with spear in hand, and wound- ed them bath: would not know the spear. There were several people with Choy-apo, about five people Chay-apo interfered because he was a relation, and also, because her father-in-law and mother-in-law call. All five men were ed fur assistance to save their lives.
the Chinese before they went out of the house, both parties left the house, the officers rau away; they were dead when slung on bamboos; the bodies were cown into the water, the bodies were tied by their hands and feet, and slung on a pole with a rope round their waist; was distant from there 100 corils when they were slang on the bamboo; saw them speared from his house; the shortest space he was for them was as the bodies were carried past, about 30 cuvids; would know the men that slung the bodies; Chuy-apo did not carry; does not know the bodies; he saw the prisoner and his party sling
if any thing was done with the bodies before they were thrown into the water; knows no more. Has
armed with spears. Cannot say en what part of the elder and a younger brother; his young brother's name is Ea-sbow; he has gone to see some relations barly they, the oficare, were wounded. They were
& Tam-showy; does not know if his brother is sub- weduled at the door of the bonse; Choy-apo then ran
tall: would know the spear with which the officers were stabbed, idecufies it, it belongs to the prisoner.
away. Chuy-so called some people to carry thead. One of the officers was short, the other was
odies, and throw them into the water. The integn. ers ran away first; they were pursued by Chuy-po and
Cross sxamined, Cannot see the place where the the men with spears-they were purated 50 or 60 covids-they were than killed with knives and spears, officers were killed from his house; the tinue was Could not entity any of the other wen besides Chuy-about dark, the place was severe tens of cavids off; apo, had only been in villge a short time saw nothing he went out; dire about half-past 7 P. M.; both were more take place; being frightened ran away to the hills.killed; others assisted resides Clay-apo. There Saw the bodies carried away before she ran away; they were six or seven, he saw when he describes when he were tied and slung on bamboos; they were carried went out. He could see from his house, all he has towarde the sea, they were deart when so slang. She described. The officers were stabbed before he went was about 50 feet from them when they were alung on the harbons. She remained two days in the hills; knows nothing further.
out, he did not see them stabbed; they were ded whom slung on the boo; did not see a spear talen |ont of Choy-apo's hand; saw the officers come tox Choss exauliner, Chuy-apo lived next door but the village and saw then go into his father' house; one to her father-in-law, there is no cominunication he was in the house. The Chinese only came to his between the housee; he brought his weapons from his father's house once; did not see the officers go to nwn base. Chuy-apo was struck first; was struck Chay-ape's house; paw them go into ather Bouses, by both officers with their sticks. They struck him a and interfere with women, saw but himself; did not good many blows before by carned them; caumol go into the houses but could see from outside; the describe the nature of their wounds; they were made officers went inside of the houses; did not see the with a spear. Says the "did not, and then she did," officers strike Chuy-apo before they went this give the above esilencent Cornuer's inquest. She sair father's house; did not swear so at Coroner's in the fight with her own eyes. It was about & te quest; saw Chuy-apo come out of his house with a o'clock . ., dask, could just see; disturbance first lighter pipe; the officers did not then strike him. took place in the house and afterwards contioned out- Charles May, sworn. Remembers the 25th Fe side; the foreigners drove the Chinese out of the honachary, 1840; received on the morning of the 20tlı, in- and then followed. The foreigners returned to the formation that Captain DaCosta and Lieutenant Dwyer house, the Chinese also retunet. The Chinese were were missing from their quarters at Stanley; went armed both times when they came. She did not say at Stanley With Mr. Caldwell and a party of police. the Coroner's inquest that she knew Chay-ago, Ins Arved at Stanley about half-pest 10 . ., found had no conversion with any one in jail on this sub-three Chinese in charge of the Military, examines jech; was in jail with a woman, boatwoman; had no them through Mr. Caldivell; the last witness was one; conversation with her; swears Chug-apo and others the others are not here to-day. The last winess killed theru.
said he had been at home all day at Wong-ma-kok, Re-examined, Two or three days elapsed hetween and has seen no Europeans during the day. Made the death an inquest; as cucl at Corner's inpast as a search with the mithary and police in the direction at present.
of Wong-ina-kok, having bear that the missing Jasze, old man, sworn, is a bualandman, lives officure were last seen in that direction. On a pati at Wong-na-kok,--Remembers the 25th February, leading frown Wong-ma-kok to Us sea saw marks 1949; was living at Wong-ma-kok; that day is of blood; trace the roarks upwards about 400 yards, daughter-in-law was cooking in his house, two for from the direction of the sea to entrance of village, !eigners came in, and went and enirace her; she was could not discover any blood opposite che village that then only 10 years oli, was frightened and ashamed; day; next day saw this rings af blood opposite it in requested them to leave the house; was afraid they different places. At the last corner apposite house would take liberties with his daughter-m-low, they of Lo-ase, saw marks of blood on a reek, the took hold of her by the breast. He land my feng tigt mck was at the corner of another path than tint kuey wutuu vaktave ner, only that they would take li- | heating a dinley the path at the other side herties; desired them to desist; they would not leave of the rock led to a brick fiell; searched the houses the hoose when he spoke to them. Some people the village, and in them were clothes hanging up making gunpowder caine to drive them away, being dry; they were not perfectly dry then. In Lo vexed with their enduct. When he told thein to go anze's house, in addition to the clothes there was a away one suck hin un the head, the blow knocked towel with macks of bloed, it had been wasbed; bra down and he bled; there was blood all over bus while ascending the path to village saw a Chinatnan clothes, the blow was given with a common walking on the bill, beckoned to lain, he came, it was Lo-asze, stick having a silver or zine knub. The men who examined him, saw a fresh wound on right side of came fought with the foreigners, but when they left his head, he had marks of blood on his heels, also the house he does not know what occurred as he on a band Instening up a trowsers. Ile sand was lying on the ground. His daughter-in-law and he had been at the village all the preceling day wife enlad for assistance. The me ther camo were but had not seen any Europees; said the wound arned with spears; would know the men so armed, on his head was caused by falling over stone, Identifies Chuy-zpn, he was one of the men that roturned to Hongkong that night. On the morning ame: when the Chinese carne they fought with the of 27th came out to Staley (a large party of military The foreigners struck Chily-apo tirat: were ordered out to search, went from Stanley in e, Clay, went out first and called the officers to a bont and landod i a fishing station at bottom of a come out, but they would not go; Chuy-ape then went path leathag to Wong-ma-kok, on this path: drops of and arret bimself. The faht commenced before he blood were visible; saw where the drops of Blood was struck the low on his head was received accident- seemed to end on this path, and on another path on ally while the foreigners were fighting their way outside of hill parallel with the sea, discovered ber Kows nothing further. Two of prisoner's party were drops of blood at some distance from the fishing sta woel in his house, the officers were not; the for- tion; among the racks in a cave found several bundles eigners left first, the Chinese were forcing them out. of clothing ascended the path to the village tracing Prisoner's party followed the officers, does not know the blood all the way. Several seamen and soldiers
foreigners.
were searching; towards evening beard that one of the seamen had seen some blood on the rocks near the water; went to the place and found two or three large pools of blood, and in one place as if a budy covered with blood bad been dragged over the rock, this place was about 200 yards from fishing station, and in same direction in which the bicod was traced in the morning. Directed my boatmen to search opposite thus place; they searched with a boat hook without discovering any thing for some time. There was a heavy swell, and in keeping the boat off the rocks the broken handle of a spear fell into the water; he ing one of the spears from the village, I ordered the boatmen to recover it, as it was part of the evidence, it bati sank and was entangled among the seaweed). While the boatinen were trying to recover it a body became visible among the seaweed, which I recognis- ed to be that of Captain DaCosta. There were several wounds on head, hands, and body, that in the eye appeared to have been inflicted by a triangular spear; the body was taken to Stanley Enrracks that night, and subsequently brought to Victoria.
Danie! R. Culdwell, sworn,-Has heard Mr. May's evidence; accompanied him to Stanley and Wong- ma-kok, on the 26th and 27th February. Was not with Mr. May all the time; ordered by him to trace the blood towards the water, found the blood on path leading from Wong-mu-kok to water: Mr. May went ap to the village, I went towards the water; Acarted about half way from Wong-ma-kok traced blood to within 60 yards of arnall fishing but, a short distapes fron the water; found live Chinese in the but and took thean to enslody; found nothing suspicious, and not being able to trace blood further went back to the vil. lage, where I found Mr. May, Ailer searching about the village, returned to Hongkong with Mr. May. We went hack next morning to Wong-ma-kok; found a portion of spear in the village with marks of blood in cousequence of a report that a large quantity of blood had been seen near the water, we all went dawn corroborates Mr. May's statement as to find- ing Captain DsCosta's body; jumped into the water, and brought it on shore by a rope round the arts; returned, finding that further search was useless as it was becoming dark. Searched the pockets, found the watch has gone, the rings were also missing; touk the body Stanley, Corroborates the account of the state of body as to wounds on head, hands, and face, saw other wounds after the body was undraseed; } the body was taken from Stanley to Hongkong. Went to the village some days after with Lo-acow, who point- ed on the exact places where the others were killed, one was in a bick field; there was a pool of bloud there.
Crons examined,-The place where Captain Da Costa was killed was absent 74 yards from corner of honse at the end of village. Could not see from the house the price where Captain DaCosta was killed, there were trees intervening. The plue where Jaent- enant Dwyer was killer is about 150 yards further, from where Captein DaCosta was killed. Could not see the place wirese Captain DaCosta was killed until within 30 yards of it.
Re-examined. When the boy pointed out the spot where Captain DaCosa was killed he said he was an eye-witness to the killing
W. Morrison, Colonial Surgeon, sworn,Examined the body of Captain DaCoste on or about the 29th, in Conjunction with Dr. Tweddell, at the dead house of the Military bospitni, Vistoria, dll not make an exact post- inerteni. Discovered three wounds inflicted by a knife of sword on the scalp, penetrating to the scull; at outer angle of left eye a perforated wound, made apparently hy a spear. Such an instamment as the spear with a cotting edge might have inflicted the wounds on the scalp. There was a large wound on the right hip three inches long made by a cutting insonment, the esa kond of spear might have done it; there were very severe contusions, on the hands, face, and back, us if the body had been beaten. Think none of the wounds sufficient to cause death. Did not open the body from the advanced state of decomposi tion. Dr. Tweddell, agreed in my opinion. I think Capta DaCaste was thrown in alive and drowned. Probable that Captain DaCosta was either in a state of syncové or altering from concussion of the brain when thrown into the water. I form this opiniot from the appearance and nature of the wounds-the water would operate in the same way to came death whether the person suffered from syrempé or coneus- sion of the brain---drowning would be the cause of death. Chain DaCosta if sudering from concussion ang't have remained in an iscusible atate for two or three days, if in syncopé could not remain so two 3 hours and live,
Cross myumine:),--The handle of the spear could i not produce the wounds on the body, the head of the y spear broken off, would not produce the cat wounds, it might produce the wound in the cre.
The Attorney General proposed to read the deposi Gions of the absent witnessEN,
Mr. Gaskell objected on the ground that the late Ordinance only applied to Chinese witnesses and ) was not reltospective.
Lientenent Macdonald's filed) deposition read. L-acow, re-examined as so City-apo's attaching the holies to the bamboo. Flo-yung-ping, Aman, Acheng, and Chahen, carried the bodies; the prismer did not carry the bodies, but was present. Chuy-ape accompanied the bodies to the water; he witness did not ga hunself to the water, saw when they passed, the prisoner accompanying, following helind
Case for prosecution closed.
Mr. Gaskell in defence pointed out the conflicting nature of the evidence.
The Judge in sunning op-entreated the Jury j to dismiss from their unds all prejudice; to give the prisoner the same chanea ac if he were an English p
nan or as if he were quity of killing one of his ow countrymen. Read evilence. Convente on ite Gee crepancies, especially in the difference between Lo-chua-she's evilence before the coroner, and that naw delivered. If they though the prisoner bad? sufficient provocation (and be undoubtedly had somej ( that the verdict would be manslaughter; if so, war der the prisoner would of course receive the henefit of any doubt which they might havs on the case.
The Jury 1stired at 5 o'clock P. M., to consider their verdict, and returned at 5. m., with verdict, "guilty of manslaughter."
The prisoner sail he ought to be sent to his own country to be punished.
The Judge agreed with the verdirt; he could not have condeuined the prisoner to death on such evidence.- Skatence to he transported for life.
THE RIVAL NAVIES.
(From the algal Service Magazine for Dealer, 1850.J Whenever there The Jull in the exe:tement of publie stairs, the ery is rarved country is in danger. I danger of winter France, of Tais, of America, ex- claim the meters of alarm. The fortifedips of Cher be mpregnable; a vast aval force to s
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