CO129-139 - Sir MacDonnell - 1869 [8-12] — Page 426

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

weapon such as the axe produced. Abel, the other mate, was only saved from a similar fate by a Providential escape; and he thought that the weapon used had always a great influence upon the presence or absence of malice in such a case. If the Jury believed that the prisoner used the axe produced, they ought to find him guilty of murder.

The Acting Attorney General observed that of course the Court (and the Jury) knew that no amount of threats could be called provocation.

After a very short absence (not more than a minute), the Jury returned a unanimous verdict of guilty against the prisoner; and His Lordship (without any black cap) passed sentence of death on the prisoner at the bar. In doing so, His Lordship said—Lam Ayee, you have been found guilty on the clearest evidence of having murdered Donald Carlton on board the British barque Jane, under circumstances of extraordinary cruelty. That one so young should have been guilty of such a crime is a subject of wonder as well as sorrow to every one; but I can see no feature to palliate your guilt. You showed no mercy to your defenceless and unoffending victim, and you need expect no mercy at the hands of justice. The sentence of the Court is that you be removed to Gaol, and from thence taken to the place of execution, where you shall be hanged by the neck until you be dead, and your body be buried where the Governor may hereafter direct. And may God have mercy upon your soul.

The prisoner received this sentence, as translated, with great impassibility and unconcern, and coolly asked whether his wages due from the Captain of the Jane could not be given to his brother. He was informed by the Acting Attorney General that they were forfeited. But prisoner again asked whether his clothes could not be given up to his friend; and he was again answered that everything belonging to him was forfeited by his acts. In a somewhat disappointed tone, he then said that they would surely give up his dead body to his friends. But by order of the Judge, prisoner was then removed.

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weapon such as the axe produced. Abel, the other mate, was only saved from a similar fate by a Providential escape; and he thought that the weapon used had always a great influence upon the presence or absence of malice in such a case. If the Jury believed that the prisoner used the axe produced, they ought to find him guilty of murder. The Acting Attorney General observed that of course the Court (and the Jury) knew that no amount of threats could be called provocation. After a very short absence (not more than a minute), the Jury returned a unanimous verdict of guilty against the prisoner; and His Lordship (without any black cap) passed sentence of death on the prisoner at the bar. In doing so, His Lordship said—Lam Ayee, you have been found guilty on the clearest evidence of having murdered Donald Carlton on board the British barque Jane, under circumstances of extraordinary cruelty. That one so young should have been guilty of such a crime is a subject of wonder as well as sorrow to every one; but I can see no feature to palliate your guilt. You showed no mercy to your defenceless and unoffending victim, and you need expect no mercy at the hands of justice. The sentence of the Court is that you be removed to Gaol, and from thence taken to the place of execution, where you shall be hanged by the neck until you be dead, and your body be buried where the Governor may hereafter direct. And may God have mercy upon your soul. The prisoner received this sentence, as translated, with great impassibility and unconcern, and coolly asked whether his wages due from the Captain of the Jane could not be given to his brother. He was informed by the Acting Attorney General that they were forfeited. But prisoner again asked whether his clothes could not be given up to his friend; and he was again answered that everything belonging to him was forfeited by his acts. In a somewhat disappointed tone, he then said that they would surely give up his dead body to his friends. But by order of the Judge, prisoner was then removed. Page 420
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weapon such as the axe produced. Abel f the other mate, was only saved from a simi- lar fate by a Providential escape; and he thought that the weapon used had always a great influence upon the presence or ab- Bence of malice in such a case. If the Jury believed that the prisoner used the axe produced, they ought to find him guilty of murder. The Acting Attorney General observed that of course the Court (and the Jury) knew that no amount of threats could be called provocation. After a very short absence (not more than a minute), the Jury returned an una- nimous verdict of guilty against the pri soner; and His Lordship (without any black cap) passed sentence of death on the prisoner at the bar. In doing so, His Lordship said-Lam Ayee, you have been found guilty on the clearest evidence of having murdered Donald Carlton on board the British barque Jane, under circunstan- ces of extraordinary cruelty. That one so young should have been guilty of such a crime is a subject of wonder as well as sor- row to every one; but I can see no feature to palliate your guilt. You showed no mercy to your defenceless and unoffending victim, and you need expect no mercy at the hands of justice The sentence of the Court is that you be removed to Gaol, and from thence taken to the place of execution, where you shall be hanged by the neck until you be dead, and your body be buried where the Governor may hereafter direct. And may God have mercy upon your soul. The prisoner received this sentence, as translated, with great impassibility and unconcern, and coolly asked whether bis wages due from the Captain of the Jane could not be given to his brother. He was informed by the Acting Attorney General that they were forfeited. But prisoner again asked whether his clothes could not be given up to his friend; and he was again answered that everything belonging to him was forfeited by his acts. In a somewhat disappointed tone, he then said that they would surely give up his dead body to his friends. But by order of the Judge, pri- soner was then removed. 420
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weapon such as the axe produced. Abel f the other mate, was only saved from a simi- lar fate by a Providential escape; and he thought that the weapon used had always a great influence upon the presence or ab- Bence of malice in such a case. If the Jury believed that the prisoner used the axe produced, they ought to find him guilty of murder.

The Acting Attorney General observed that of course the Court (and the Jury) knew that no amount of threats could be called provocation.

After a very short absence (not more than a minute), the Jury returned an una- nimous verdict of guilty against the pri soner; and His Lordship (without any black cap) passed sentence of death on the prisoner at the bar. In doing so, His Lordship said-Lam Ayee, you have been found guilty on the clearest evidence of having murdered Donald Carlton on board the British barque Jane, under circunstan- ces of extraordinary cruelty. That one so young should have been guilty of such a crime is a subject of wonder as well as sor- row to every one; but I can see no feature to palliate your guilt. You showed no mercy to your defenceless and unoffending victim, and you need expect no mercy at the hands of justice The sentence of the Court is that you be removed to Gaol, and from thence taken to the place of execution, where you shall be hanged by the neck until you be dead, and your body be buried where the Governor may hereafter direct. And may God have mercy upon your soul.

The prisoner received this sentence, as translated, with great impassibility and unconcern, and coolly asked whether bis wages due from the Captain of the Jane could not be given to his brother. He was informed by the Acting Attorney General that they were forfeited. But prisoner again asked whether his clothes could not be given up to his friend; and he was again answered that everything belonging to him was forfeited by his acts. In a somewhat disappointed tone, he then said that they would surely give up his dead body to his friends. But by order of the Judge, pri- soner was then removed.

420

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