E
22nd Ultimo for the murder of
Ardian Girl.
の
an
A copy of a local..
· paper giving some account of the
trial is enclosed.
3.
by
The
case was
brought
before the Executive Conneil
who unanimously recommended
me
not to interfere
sentence.
with the
I have the honour to be My Lord, Your Lordship's Most Obedient
Toumble Corvant,
Administrator
}
ress.
The Daily Pres
HONGKONG, JUNE 23RD, 1882.
MURDER,
Tike Row, a Guo Lascar, was charged with the murder of a girl named Lachmi, on the 20th May. In answer to the charge be ploaded gailty, but being asked if he did not wish to stand his trial he elected to do so, and a plea of not guilty was entered.
The Attorney-General (Hon. F. L. O'Malley), instructed by the Crown Solicitor (Mr. B. Sharp), 1 prosecuted, and Mr. Mackoan, instructed by Messrs. Stephens and Holmes, appeared for the defence.
The jurors were Messrs. J. B. Gomes, jun., C. H. Drude, A. C. More, F. W. Heuermann, H. Aarons, J. F. Shuster, and T. W. L. Holen.
The evidence showed that the girl, who was about eleven years of age, had gono on an errand to a chaudier's shop, near Macgregor Barracks. Immediately after she had left the shop, the prisoner was seen holding her by the hair and striking her on the head with a chopper, with which be had been seen leaving the cook house just before. Ou some other Gan Lascars coming up he dropped the chopper, left the girl, and ran to the guard room. While there he said that his intention was to have had the lives of three persons, but he only happened to get ous in hand; the others were Seetheram and the mother of the girl. The girl was taken to the hospital, where she died soon after admission. The cross-examination of the witnesses was directed to bringing out the fact that the prisoner bad lost his waste, and it
was sought
to be established that he had done so in order that he might marry the girl, but the answers of the witnesses did not support this. For the defence, Sergeant Seetheram was val- led. He was the guardian of the girl, and he said the prisoner had asked him to allow him to marry her, but he refused, because the girl was too young. He said the girl had no. thing whatever to do with tho prisoner's loss of caste; he had lost it through engaging a China boy to cook his food for him. Wituess had lost his caste himself, but could get it back by paying for it, and the prisoner could have done the same.
as
Mr. Mackean, in addressing the jury, said the prisoner belonged to a race whose blood was warmer and whose foelings were to a great ex- tent more excitable than ours, a race who had their feelings less under control, who were more subject to sudden fits of frenzy, and likely to be more affected by passions such those of love and grief. He argued that the prisoner had shown no premeditation, that it was not a case where a cold blooded mar- deror bad been lying in wait for his victim. It was, on the contrary, the case of a man carried away by a sudden fit of passion. Seeing the girl from the cookhouse he rushed out, struck her on the head with a chopper, and killed her. After doing this he made no attempt to run away, but simply walked to the guard house, the very place where he could be secured. There were crowds about at the time, and he made no attempt at congealment.
The very nature of the act was that of the act of a madman, of a man who was not in possession of his faculties, but
C. O.
64
14688
REC?
REGE 17 AUG
was carried away by his passions. If the OakƏ had occurred at home and the prisoner had been a European, every effort would have beon made to discover whether traces of insanity had not been observod in him before, and the case would have excited great interest, but he was afraid that amongst the prisoner's own people a very different feeling prevailed. They knew that he bad lost caste and his fellow-countrymen would probably not trouble themselves much about the life of such a man. There sould be no doubt, the learned counsel went on to say, that the pri soner was in love with the girl, and that he lost caste throagh his desire to marry her When a mau lost caste he was looked upon by bis comrades as a degraded ontcast. The pri soner was in this position, and he was not allowed to marry the girl for whom he had brought himself to it. He thus found himself alone in the world, without friends and without any one to sympathise with or comfort bim. All this had worked upon his mind until it bad reduced him to a state in which he could hardly be considered responsible for his actions. Al the circumstances of the case proved the pri soner's act to be that of a temporary madman.
His Lordship, in summing up, explained the law as to the plea of insanity, and read over the evidence.
The jury returned a unanimous verdict of guilty, and one of the jurors requested the mer- ciful consideration of the court for the prisoner : on the ground that be was reduced to misery by
the loss of his caste.
His Lordship said the recommendation would be represented in the proper quarter.
Prisoner being asked if be had anything to say why sentence of death should not be passed apon bim, said if his Lordship would bear the witnesses he might then do what he liked with him.
His Lordship told him all the witnesses had been examined.
Prisoner said his witnesses had not been examined,
His Lordship said the prisoner had com- municated with his solicitor, he presumed, and all the witnesses thought material had been examined.
Prisoner said it was a mistake.
His Lordship said the prisoner had had a careful trial, the witnesses for the prosecution had been examined and cross-examined by his counsel, and his defence bad been made. He must pre- sume all the witnesses who could throw any light on the case and who would be favourable to the prisoner had been examined, and he was quite certain the learned counsel for the defence had done everything in his power. The evidence against the prisoner was clear and convincing, and he did not himself see how he could have received any provocation from the child be killed, so as to reduce the erime to manslaughter. The prisoner must have known he was doing wrong when he struck the blows.
The prisoner said he did not know at the time he struck the girl what he was doing.
His Lordship said it only remained for him to pass the sentence prescribed by law. His Lord. ship then assumed the black cap and passed the sentence of death in the usual form.
Mr. Maokean said he thought it only right to mention that Mr. Holmes had had two long interviews with the prisoner and had taken down all be had to say.
His Lordship said he was quite satisfied both Mr. Mackean and Mr. Holmes had done all that was possible.
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