CO129-185 - Acting Governor Marsh Governor Hennessy - 1879 [6-12] — Page 13

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

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talu we would have got plenty beatee." Those words were importaut, as they implied an admission of the murder and bore out to a certain extent the circumstantial evidence that he was the ringleader of the mutiny and the murders, even if he did not strike the fatal blow. His Honor pointed out that the question who really struck the blows that killed the Captain was quite immaterial. If these three men plotted and conspired together to upset the authority of the Captain in that ship, and agreed that in this violence should be used, and if in using such violence the Captain and others were killed, it was not competent for any of them to come forward, and say:-", I didn't mean that we should go this length." The act of any one of those who joined them was the act of each and all; so that it

quite com- petent for the jury to find these three en guilty, although at the same time they believed that another man struck the blow, His Lordship went into the evidence, laying considerable stress on the word "Suddah" ("It is finished") used by the prisoners at or shortly after the time of the murders. With regard to the murder of the Chinese boy there was no evidence to connect the second prisoner with it. He sug gested whether it would not be safer to find guilty only the first and third prisoners, one of whom had made the boy jump out of one boat by threatening to kill him, the other directly leading to his death by refusing to allow him to get into the other boat. With regard to the seventh count, killing the cook, John only seemed to have been conserned in it, and the jury might think it safer to find the other two not guilty on the next count. Bi Lordship again explained the law under which threats leading to an act causing death amounted to murder. The jury could regard the mutinous outbreak on board this abip either as a general emeute or A conspiracy between these men in which the rest joined in either case these men were equally guilty of murder under one or more of the counts. It lay with the jury to find one, two or all of them guilty on Bagh or every count save the sixth, in which they wagid And all the prisoners not guilty, the Attorney General having son, sented to simplify the game by not pressing the charge, True, bis Lordship said in conclusion, the lives of these men were in the bands of the jury, but no juror would allow any consideration as to the conse- quences of the return of a verdict of guilty to enter in the smallest degree into his mind in deciding what verdict he would subscribe to. He looked to them as men of strong minds and common sense to give such a verdict as the evidence called for, and to consider the evidence only in com- ing to their decision. They were not to give one shadow of a shade of a thought to what would be the consequence of their verdiot. They were to bury completely, or place far away from their minds, any feelings or prejudices, or strong views they might have as to the wisdom or expediency of those consequences which follow a convio- tion for murder. If they were imbued, with principles which, were they legislators, would lead them to demand a revision of the law on this particular matter, they were not to allow those principles to obscure the impartial, clear, legal and logical view of the evidence and the evidence only which it was their duty to take. As long as the law remained as it now stood so long was it their duty to carry it out without the alight- est regard to their own individual particular views as to whether there was call for amendment in the same or not. They must parry out the laws as they are to be found in the statute-book, not as they personally think the laws ought to be found there.

Be himself had time after time to carry! out laws which he would not allow to i remain a day on the statute-look had he

! the power to erase them. But it was not for judges or jurors to give their opinion as į to whether the particular laws they were called upon to administer were good or bad; it was for them to administer them as they found them; whatever their objec- į tion to these laws, their duty was to give effect to them as long as they remained law. If they did not like them there were legal, proper and constitutional means in every free country which allowed them to take steps to have objectionable laws amended. There were reasonable and proper means of manifesting their disap proval of existing lawe, but assuredly contravention of them or non-observance of them, or allowing their dissatisfaction with them to interfere with the proper dis- charge of an important public duty, was not one of them. They would not allow any private feeling on a subject on which there was no doubt great difference of opinion to Interfere with their duty as jurors; the world could never go on if private freaks or notions were to influence every man in the discharge of his public duties as a oitizen. He trusted they would take a bold and manly determined view of their duty, and if their intellects told them the men were guilty they would not hesitate in bringing in a verdict to that effect, leaving their private conscientious views as to the punishment murderers incur by the law as it stands entirely on one side,

The jury retired at 1 13 a. m. and re- turned after a very brief absence, not more than five or six minutes.

On the first count, (that they together with others unknown did murder William Frederick Geise, on board the British barque Kate Waters, whereof he was mas ter, on the high seas, Nov. 6, 1878), the jury, who were unavimous in every fiúding, found all the three prisoners guilty,

On the second count (that they with others unknown did then and there murder Christopher Bowen, first mate of the ves- sel), they were all found guilty.

On the third count (that they together with other persons unknown did, same place and time, murder Henry Haydon, second mate of the vessel) they were all found guilty.

On the fourth count (that immediately after the commission of the above felonies, they, with others unknown, did "piratical- ly, feloniously and violently steal the said vessel," with her apparel and tackle, and 500 boxes of oil, 240 bales Manila hemp, 600 rolls of China matting, 800 bags of rice, 84 bundles of rattans, 2 compasses, 1 telescope, 1 pair of binoculars, 1 ensign, 1 lamp, 1 revolver, 2 swords, and $35 in money)-they were all three found guilty,

On the fifth count (that they being seamen on board the Kate Waters did on the high seas, and under the jurisdiction of the Court of Admiralty, murder one Asing on or about November 20th), the third pri Boner only, John, was found guilty, the others not guilty.

On the sixth count (that being seamen on board that vessel, did murder one Kam Po Lo, same place and time), the jury by direction found a verdict of not guilty against all the prisoners.

On the seventh count, that being seamen on board that vessel, they did murder a Chinese boy, Dame unknown, same place and time, the third prisoner only was found guilty; the other two not guilty.

Thus Alli is found guilty of three mur- ders and the piracy; Hassan the same; while John la convicted of five murders and the piracy.

The jury having given in their verdict and stated that they were unanimous in their findings, his Lordship said it struck bim from the wording of the ordinance

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