Flis Honor said there was a rule so laid -down by Hayles, and he could not say
anything against that authority now
as he had only an hour or so quoted his opinion on another subject and praised his judicial wisdom. But was the learned Condsel aware that Russell on Crimes held quite differently. To take an instance, would the learned Counsel contend that if one man blew auother up with gunpowder, blowing the body into fragments, that no charge would he for murder because the dead body could not be found? Be hoped not.
Me Russell, to clear away the error the learned Counsel for the defence seemed to have fallen into, read Russell on Crimes on this subject. That eminent authority remarked that Mr Justice Hayles' remarks were to be taken, and were no doubt Intended, as a caution and not as a rule He had proved in this case that the Captain and the officers were dead before they were thrown overboard. He had laid testimony before them as to the existence and dis- position of the dead bodies. With regard to the Chinese boy, he did not claim that his death had been caused by any blow struck at him by either of the prisoners or by any one else. But it was proved that it was because of the threats of John that he jumped into the water and was drowned. Be quoted a case in which Justices Heath, Gibbs and Bailey had held that where a woman, in bodily fear of violence from her husband, which she had reason to believe would cause her death, jumped from a window and killed herself, übe husband was found guilty of murder. The Court ruled that if the death was partly due to his vio- lence and partly due to her fall, he was equally liable for murder, Mr Russell was about to proceed, when-
His Honor said, the Court would have to adjourn; they could not fiuish to-night. The Acting Attorney General said he understood the jurors desired to go on. (The jury concurred.) He would not take more than a quarter of an hour.
The Court consented to go on.
The Attorney General went over the different counts again, to impress them on the minds of the jury. With regard to the first count it had been plainly proved that į the Captain was murdered; the question was who did it? Were the prisoners jointly engaged in that murder 1-did any one of them commit it? They had heard evidence of the conversation in the fore- castle, the reference to iron bars being made ready ; they had heard of the sudden rush on deck at night, the slamming of doors, the directions given by John and Hannan to call the the crew up, of their going to the Captain's cabin, and of their announcing **It is finished," ("Suddah") when they came out, They had heard of the first and second prisoners coming out from the Chief mate's quarters, pursuing him after having beaten him in his bunk. When asked a short time after- wards where is the chief mats," they gara the same answer “Buddah.” What con- struction was the jury to put upon all this f He contended that the conversation in the forecastle clearly enough proved that thene men premedtated the murder of the Captain. Smoking their opium pipes there, they plan- ned a conspiracy to murder him, and to seize the ship the sudden rush on deck at night, the slamming of doors, the rush to the captain's cabin, and the subsequent finding of the dead bodies proved all this, Then, calling the crow, they seemed to have gone in for a feast, a sort of carnival; they had offee as the Captain used to have it in the saloon, they broke open and ransacked his drawers, &c.; they take possession of what property wey chose, they armed themselves i and dressed themselves in his clothes, broke open his cash-box and abstracted the dollars.
These three men, acting as the principal leaders in these sets, after the vivient death of the captain, strengthened the presump. tion that they were the ringleaders in the Brimbe #hich last to bis death. They took pommand of the abig, directing bar to be bisored to Palawan. There was no ques: tlon, whatever, he contended, that they took these men who were with them on ehore on the uninhabited island for the pur- pose of murdering them; the talk about getting wood and water was a mere pre- tence. Telling them to put down their buckets and pick up wood, an opportunity was got of striking them on the back of the neck with an axe, and they were despatched. The evidence against them for murdering the carpenter was not so perfectly clear and decided as he could have wished, but they had the confession of the men conveyed by their using the same word," Suddab."
His Honor pointed out that they used the same word with regard to Peter, who was alive and well to-day.
Mr Russell :-Yes. But that was when they were coming away from this desert island and leaving him there. It was equivalent to "he is done for ;" or "it's all over with bim." They had believed that, leaving him there, he was as good as dead, i Fortunately for the ends of justice he was not left to perish on that island.
His Honor --Have you considered whe- ther it la worth while encumbering your case with the carpenter's death at all?
The Attorney General: I will not trou- ble the jury further with it. There is not that strength of evidence which there is on the other counts. Here he might call their attention to the fact that whatever allega- tions they had to make against the Captain for ill-treatment and orueity while under the influence of drink, allegations which The impressed upon them did not in any way excuse or justify their conduct even if true, there was not the slightest suspi- cion of inhumanity against either the first or second mate; indeed one of them bad taken the part of a man the Captain had beaten, and said he was sorry to see any- thing of the kind done. With regard to the Chinese murdered the crime was a most dastardly one. They were perfectly harm- less men; even to the scuttling of the ship they had obeyed these men. But when the prisoners knew they were going to a country where there were no white men, and where they were likely to get into trouble if they took these Chinamen with them, they in- duced them to go on shore at this uninhabited island and despatched them. He directed their attention in this connec. ition to the evidence of the witness Peter. There was every reason why they should implicitly believe this man. He was not one of the same race as the prisoners, that was one of the remaous they wanted to silence him too; he was not likely to screen them; he was an intelligent fellow, and as the jury were able to see for themselves, ho spoke English extremely well; be was a British-born aubject belonging to
the Mauritius; he saw the Chinsman murder- ed and knowing his own fate if be got into their hands kept out of the way, and was saved by a series of fortunate circum. stauces, biding himself in the jungle and being taken off, after they had gone, by a passing boat. This man, he particularly called upon them to bear in mind, bad never been charged with any participation in the crimes alleged against the prisoners. As regards the question of jurisdiction the ship had, on the best evidence, been proved a British ship; although her papera had been lost the duplicates of her register &c., were equally good evid ence. The law, as his Lordship would instruct them, said, that wherever the flag of England was, the Admiralty had jurisdic tion; if a ship sailed under the flag of
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