71684
6
HongKong
No4.
5th June 1879
Administrată
W. St. Marsh,
A
The Right Honorable
Sir Michael Sticks Beach,
BE MNP.
Purosting hxccution of three
Seamen of the late British
只
Barque "Kate Waters
Convicted
f
and Prixcy
Murder
13 Enclosures)
"
Hongkong
The China Mail
13巻
SUPREME COURT.
and 14
CRIMINAL SESJIONS, (Before His Honor the Chief Justice, Bir John Smals.)
THE "KATE
WATERS" MURDER AD PIRACY,
This important trial came on for hearing to-d-5, before a special jury. The three prisoners (1) Alli alios sille; (2) Andam altar Bio alias Hassan, and (3) Kitahel alias John alias Huchet, were charged as follows:
1. That they together with others un- known did murder William Frederick Guse, on board the British barque Fais Waters, whereof be was thanter, un the high seas, November 8, 1878,
2. That they with others unknown did then aid there murder Christopher Bowen, first mate of the vessel,
a That they together with other persona unknown did murder Henry Haydon, a oond mate of the vessel,
That immediately after the commis-
i sion of the above feloning, they, with others
unknown, did "piratically, feloniously and violently steal the said vessel,' with her apparel and tackle, and 500 boxes of oil, 240 bales Manila hemp, 500 rolls of China matting, 800 bags of rice, 84 bundles of rattans, 2 compasses, 1 telescope, 1 pair of binoculars, 1 ensign, i 1 lamp, I revolver, 2 swords, and $35 in money.
5. That they being seamen on board the Kate Waters did murder one Asing at an uninhabited island in the Pacific named Malianging, out of her Majesty's dominions, } on or about November 20th.
6. Being seamen on board that vessel, did murder one Kam Po Lo, same place and time.
7. Being seaman on board that vessel, did murder a Chinese boy, name unknown, same place and time.
The three prisoners are quite young men. The first la quite a boy apparently not far on in his teens; he has rather a pleasing face, regularly featured; the second is an ugly customer, tall and lanky; the third is a determined looking acoundrel, older' and more vicious-like than either of the others. The first two are natives of Siam ; the third is a native of Java.
The following jurors were called :- Messra (1) Albert Gultzow, (2) W. H. Forbes, (M. C. do Rozario excused as he is to be called as a witness) (H. C. Erdmann, ex- cused on certificate) (3) D. Gillies, (E. E. W. Vogel exeused through indisposition) (4) Fritz A. F. Grobien, (5) W. Reinet, (6) ; N. J. Ede, (7) Robert Walker.
The Acting Attorney General, Mr Russell, instructed by Mr E. Sharp, (the Orown Solicitor), prosecuted; Mr Ng Choy, in structed by Mr Stephens, of Holmes and Stephens, defended the prisoners.
The Chief Justice, while the indictment was being read, pointed out that the robbery was alleged to have been committed after the murder of the Captain, and asked whether the property was vested in him by the indictment.
The Acting Attorney General answered that all that was set forth in the indictment was that it was lately in the possession of the Captain.
The Chief Justice quoted Blackstone's authority to show that a proprietorship must, by a very clear decision of Justice Haylee, be alleged in any article stolen ; but at the same time, the indictment might read "the property of some person or persons unknown,”
The Attorney General quoted Russell on Crime, vol. 1., 11 and 12 William III, to show that it was sufficient, to prove such
#
# May, 1879-
property in a ship, to prove that said vessel was lately in the possession of a person named. That law was still in force; the punishments were changed, but the law was still the same,
After half an hour's discussion, the indictment was amended by the insertion of the words "the property of some person or persons to the Acting Attorney General unknown," or their equivalent, after the worda" immediately previous in the lawful possession" &c.
Omar, a teacher of the Malay languages, residing in Circular Road, interpreted the Chinese into Siamese, and Lee Hung Lee, of the police court, interpreted the English luto Chinese.
The prisoners severally pleaded not guilty to the different con its.
The Acting Attorney General opened the same in a clear statement, which occupied an hour in delivery. He went fully into the facts of the felonies, first as to the murder of the Captain and the officers, and then as to the murder of the Chinese'; bis Lord- ¦ ship would direct them that the act of threatening the boy so as to make him jump overboard and drown himself amounted to murder. He quoted from Boyd's Merchant Shipping Act to show the propriety of the form in which the 5th, 6th, and 7th counts were framed. The depositions taken by Mr Treacher, the Consul General of Borneo, and Acting Governor of Labuan, could not be put in, as they did not bear on the face of them that they had been taken on oath, and it was not clear that he had any magisterial or judicial authority.
The third prisoner, he said, had been the most active, being in fact the ring- leader; the second prisoner halved with him the command; he asked them to keep in their winds the three prisoners in the order 1, Alli; 2, Hassan; and 8, John.
Some formal evidence by Inspector Ma-" theson, and a Malay Police Sergeant of the Labuan police, proved the men in the dock to have been handed over to the police by the Governor of Labuan ; and the property produced, ensign, lamp, swords, telescope, Other compasses, o., was identified. formal evidence was given by a clerk in the harbour master's office, a clerk in the office of the agents for the owners, two boarding house keepers, a clerk to the Borner Co., who shipped certain goods by the vessel proving the vessel's sailing, and identifying prisoners as belonging to her.
ARE JURORS TO HAVE TIFFIN }
An exceedingly important, useful and valuable discussion arose at half past one, the usual hour for adjourning. Mr Russell remarked, as is always done, that pro bably before the next witness was called the Court would consider this a convenient time for adjourning. The Judge said i--- "I can's adjourn in a case of life and death, I don't see how it can be done."
Mr Russell My Lord, it becomes & question of human endurance. It's a ques tion of lunch.
His Honor: I am quite ready to go straight on without lunch. Are the jury? (The jury wagged its wise head solemnly and unanimously, and did not seem quite to see the advisability of going without sifin if they could possibly help it.)
His Honor I have given a great deal of attention to this case, and considering that every particular of these crimes will be a matter of question hereafter, the ques sion of allowing the jury to separate is a
the
general very important one. So far að question is concerned it is laid down in the latest authorities on the subject, it is set forth as the law of England by which I am governed here in the absence of any local ordinance inconsistent therewith, that
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