Sept. Det
Det. 96
ND OF CHINA
KONG GAZETTE.
NOVEMBER TAT, 1846,
will be open for Puble Wor and at half-pane 6 D'clock P. M., beginning with the 1st Novem
Gambar 1816.
According to
LIBS, WO
Dow furnish the proceedings before the Gorear and Jury at the inquest held on the bodies of fire mon drowned in the barbour on the evening of the 27th October.
A refer to Mr Duncan and party, we have
THE FRIEND OF CHINA AND HONGKONG GAZETTE.
New ZEALAND.--The war with the Natives has not terminated. When it first broke out, wo axpressed conviction that it would be a War of exISFIMIDALIOTI, MRI that changed.
their genarni or their personal application,--are auch words
The wreck of the Pertron bound to thin port, and the loss of her Captain, crew and- passengers, is placed beyond a doubt. West Major-Generate deliberate opinion, that an oùimga of this Datare, binmitted under the circumstances of the pro- bars made an extract from the Sydney Herald
son; sám, le nôt to be exmated by any efter expresiion of re- which refers to the detention by her unfortunate gre, and will long when wich expression delayed and fol. Commander of a law letters sem from China owed by a condition of any kind, Such expression may #qoshe--and not always that--the wounded feelings of the to Officers of H. M. Ships on the station."
india party, but its no compensation whataret to society, Nothing is more probable than that Captain | White pason sud seentity have been viola (ed.
"The Coán màng that they regard the 106th Article of War, Patkothley should forget being intructed with the
sa Ming framed 44 with the muroifal intent of giving the letters, none of the ships (Hasard, North Star
• mease of explating offences, snoomosoted with duty, bé and Castor) being in port when he arrived, and we only take notice of the cheumstance lorett parties hero should be surprised at not hearing from their friends on board these ships,
We are compelled to keep back some re- marks on the late court martial until our ext issue in the meantime we publish the pro- ceedings, and they will prepare some of our Renders for the comments we have made upon them,
To-day we publish an extra, with some important documents connected with MrComp.
meeting of his countrymen held on the 3rd instant who deeply sympathize with him as the victim of petty and capricious tyranny.
to play in the house of Achow, (keeper of a Bro. Adding however for moment that these words were otally hitered, and without entering into the ten of the in one of the new Houses in the Toi-ping-shan) the most padiation or excuse for the outrage that foiy mother, who resides in Canton, wrote me to ge to Heongkong and see the funeral obsequies of y No society could exist, and less of all military sucláty, if Uncle who had died there performed, I embarked weld principle was once established and the higher the in a passage boat for Heongkong at the hour of ribunal has may apes to sanction it, the more dangerous o'clock on the evening of the 27th instant. This it becomes to the army at large.
boat set sail from the Lower market about six o'clock; when we arrived close by the rope Walk at West Point, a Sampan with some Europeans on board called out to us to stop,, and then imme diately red two musketa at us, not content with this, they came on board and commenced heating the passengers with the butt enda of the muskets this so frightened the passengers, and me in parti.“ onlar (curor having been in the service of English- man), that I jumped over board with the other pas sengon. The man in the Sampan chased us when we got into the water, and commenced beating us with the care of the Bampan, when I got on the beach which was about 100 covids from whore we were attacked, I was seized by a European. I re- cognize the four, decessed persons as having been. on board the passaga bosi.
Laung Ayen, states I am a Carpenter's mate. Being out of employ, I engaged a passage in a pas sage boat for Heongkong: between 7 and 8 o'clock on the aveaing of the 27th inst, whilst close to the Godowns of Messrs Jamieson How & Co. and on our presage, I heard two muskets fired at us, and
14 Court Martini “
un brother Odieux, and thereby avoiding the ordeal of The Major General must dissent altogether from this in- scence, as applied to the present case, which, if acted upon, wpold 'hare the affect of encouraging the most outrageous infractions of propriety by the vary incílities afforded for their adjustment.
The 108th Article of War gives no doubt extraordinae powers in Commanding floors, to reconcile individual ferense, with the view to prevent more Astions consaqla, odel": -between the parting but the Minjar General is of opinion, apology, of such an outrage against all the rules of Military that it could never empatemplater, she saljustment, by a mère discipline and social order, as the one set forth in the Charge, and while the Majorcioneral socaiders was very property refested by Major Aldrich to superior mathority,
If reprimand could have sufficiently marked the offence,
65
already said, it was most unfortunate that they ton's case; and the resolutions passed at a public would have been easy for the Major-General to inflict it shortly after some English and Portuguese board- but in the exercise of his discretion, he considered it his dated us, a Portuguese seized me whilst steading in to bring the case under the cognisance of a General Court the hold with my head up the main. Flatchway, an Mattial; and having done so, no remarks on the part of the English Policeman afterwards came and seized me, Court, questioning for a moment any time of proceeding
I cannot swim, I had an umbrella and a bundle of which had received his sanction, ought to have found a place
clothes on board the boat, I cannot recognize the in their minutes.
deceased persons, they might have been on board unknown to me. I have been employed in the shop of Nei.boan in the lower Bazaar for about three months.
ahould have participated in a squabble between two parties of Chinese which led to sach a me- lancholy result, That they acted under the impression of being in pursuit of criminals, we bebeve; and we do not doubt that they deeply the catastrophe. In extenuation of the regret crime comented by the Chinese boatmen we cannot see that soything can be said. The unlawful use of firearms is in itself a grave offence
eveo bad it not led to such couse- quences, and the dignity of the laws of the co- lony demands that such misdeeds be not al lowed to pass unpanished.
GENERAL ORDER
BY
THE HON'BLE MAJOR-GENERAL D'AQUILAR, C. D., COMMANDING THE TROPS IN CHINA.
Head Quarters, Victoria, Hongkong.
November Snd, 1846.
Ar a General Court Martial, assembled at Victoria Hongkong, on Friday, the Twenty-third day of October One Thousand Eight Hundred and Forty-six, Lieutenant Augustus Frederick Hippolito Dacosta, of the Royal Eo-
Our opinion of the injustice and barbarity ofgineere, was arraigned on the following Charge the award of the Chief Magistrate remains un- altared, That the thirteen mer flogged were innocent of all crime, is established beyond a doubt. Nine of them are still prisoners in the colony; but the four sent to Cowloon are pro- bably where the wicked cease from troubling and the weey are at reat." The Mail accuses us of baving made this case "the theme of a congenial trade against the Chief Magistrate. Be it so; we only ask the public to read the evidence and judge for themselves; and we give the Magistrate the benefit of the defence made for him by the Mail, which it will be observed ia mcorrect in several particulars. The arma found on board were less than the usual quanti- ty carried by passenger boats; and the two muskets had never been loaded.
Chao." With having, at Victoria, Island of Hong- kong, wilst saated at the Mess-table of the Officers of tre Royal Engineers, between the hours of four and five 'afock on the afternoon of the Fifteenth day of Cober, "One Thousand Eight Hundred Forty-six, throw a tum- "bler at Captain Edward William Durnford, of the same *Corps, thereby striking him, the said Captain Dumfort,
"We hat week reported a Police Case in a brief para. graph, as much as its importanne seemed to call for; but a ntemporary haring since made the same case the theme of congenial timed against the Chief Magistrale, we have on. aired more particularly into the fact and though they morn cat to be rabeeindially the same as giren last week, we now being that mere prominently before our readers. We were bot present at the Coroner's Inquest which sat upon the five mes drowned, bor feel eorne curiosity to know upon what grounds a verelict of 'manzizughter has coon returned against Mr Duncan, and the Police Constable and others who ac Bokpanied himn.
On Tuesday the 27th ult. Mr Duncan, Sailmaker, 70. ported at the central Polica Beation that his cook had ab- Bocaded with 8900 of his money; and as be throught it pro- akby the tied would sail for Macao or Canton is one of the Ex-boats in the evening, he requested the Inspector would allow a comacakła o accompany him at the time the fast. konta messiły start, for the purpose of making a search. The request was acceded to, and when Mr Dancsa called, eon- zable Jenkins was ordered on the duty. The bost, in which were Mr Dusmas and the Policemen, lay to off Went Point, and a China boks-boy in the employ of Mr Robertson, Ino- keeper, karing dirised their attention to a suspicions lock. ing omk, they polled towards her, and ou approaching, ob, swered the ava drge overboard bones and other articles, uncan of michicity from the *mplan they made in the water, ascot have fogott herry; and one of the witnesses examined bekrs the Magistrate stated that he saw some bamboo pâtes Leating about. When the Europeaza got alongside, nearly all the Chinamen, between twenty sad thiety in number, jumped oreboard, the majority of whom were picked up. though some, soumeting chiedy, it is believed, of the boos men, recast the thors and escaped, and it appears that fre wees drowned in the attempt. When the Europesku mere engaged rustning the men from the water, thows in the Chins. bost paled on a sea, bad were pursued and captured. board was fogad two muaketa, a double sword, two dag.
siever meer beads with bamboon to fit, a large hou
explemesis, and a quantity of gunpowder, besides arew: During the post the China boy, mentioned who sur chance and probably without any men of hitting the fastb at fired two shots from & sampen, which he with two others joined in the chase,
The prisoners were examined before Mr Eler, and gaye most unsatisfactory statements regarding themselves: secounted for his being on board by saying that be had gone to get soma cath which the captain owed his and while waiting, fali saloep, and was only awoke by the crew jumping overboard; the majority rated that their destination was Heongkong, while one of the prisoners said that he took a passage in the boat for Macao. Da going on board, he asked the boat people where they were bound for 1-they said. "Any where, and on inquiring if They would go Macao, they saki "Yes." Four of the prisoners who represented themselves as residents in Vie- words were found to be unregistered, and one of them, who and lived in the market was not recognized by the
ket head-man.
** With this evidence beuze him, the Mapuras sentenced
kome unregistered przsonnes to receive fẩy stroke of the i
and to be forwarded to the authorities as Cawloon, that in went to the places to which they belong; the need with bay labour for three moddan, sad
of Beptember are
on the Army; such condnot being unbecoming the charac. "ler of an officer and a gentleman, subversiye of all discí, plice and propriety, and in breach of the Artigels of "War."
EDWARD ALDRICH-Major, - (Signed) Commanding Royal and Superseding Engineer By Order of the Honourable Major General Command:08:
(Signed)
J. B0UCE-Captain, Assistant Ajuland-Glenéral,
*
Fudio-Guilty." BENTERGE" The Court having found the Prisoner Gallery of the Charge preferred against him, which being "in breach of the Articles of War,—do adjudge him, the
The Court have pleaded the youth of the Prisoner in ex- tannation of his conduct. The Major-General is sorry he cannot comes in this fiest of the case, the Prisoner having
boạn, nearly eight years in army.
In respect to the Sentence, the alajar.General, after giving every consideration to the motives which have actunded the Courts in their adherence to the original award, cannot bat ba of opinion, that the nature and degree of the elfance
to use the Words of the 70th Article of War, form the best editarion upon which any sentence of a Court Martial dan be based.
If extenuating circumstances seist, arising out of cha racter, or any other sum, they should be lef in the hands of the approving authority, supported by any recommends tion Me Court may have to offer for it is essential to all dia.. cipline, that crimes of this nature specially should be vait ed with an award of commensurate gevority, lest, when the reaponability is lossened, the practice may increase,
The Major-General has been led very reluctantly into the present remarks; but he feels he has a great duty to perform to discipline, and to the well-being of society at largo, from which po consideration will allow hlar ta shrink.
severely reprimanded, he is hereby neverely reprimanded ac sordingly, and will be released from arrest and return to bis
The Court Haring sentenced. Livutegant Dacoste to be
duty.
By Order of the Hon. Major-General Commanding,
J BRUCE Captain, Assistant Adjutant General,
" said Lieutenant Augustus Frederick Hippolito Dacosta Tar following loquest on the bodies of four
of the Royal Engineers, to be severely reprimanded, in **such mander,and at such time and place, as the Honour- "able Major-General Commanding may be pleased to it direct."
P
REMARKS BY THE HONOURABLE MAJOR/ GENERAL COMMANDING.
I regret extremely to obliged to revise these Pio. saedings,
I feel it my serious duty to recommend to the Court a reconsideration of their Sentence, which I canot but he? gard as wholly inadegasts to the nature and degres of the cffence, as well as to the due maintenence of discipline and Social Order.
(Signed) GEORGE D'AGUILAR,"
Major General.
Victoria, 27th October, 1846,
REVISED SENTENCE.
The Court having attentively welgized and reconsidered
Chinamen (another body found on Saturday last being included in the same enquiry) which commenced on Thursday the 29th, and terminated after three adjourned sittings on Monday night last, was held at the of. fice of Mr P. C. McSweney, Coroner: the following Jury being sworn,
George Duddell, (Foreman). H. H. Abercrom bie, Peter Marcussen, Edward New man, Francis Thompson, William Henry Dugdale
state
Peter Young, Colonial Surgeon, Sworn, stati At the Coroners request I yesterday inspected the bodies of Four Chinamen who had been found float.
the whole of the Erideuce adduced on the part of the Proing in the bay. Two of them seemed to have been section, together with what the Prisoner has arged in hre "Defence, as well as the observations of the Honourable * Major-General Commanding, and taking into considera
tion the whole of the circumstances attending the case, da
athletic men. In two of them the eyes, mouth and eats, were mutilated, but on close inspection it was evident that this had been done by hshes No other **mper respectfully adhere to their former Sentence, rixis marks of violence could be discovered in
That Lieutenant Augustus Frederick Hippolito Decorta, their bodies: From their general appearance I am any part of of the Royal Engineers, be severely reprimanded in goth of opinion that these men met their death by drown manner, and at each time and place, as the Hunting, and that they must have been in the water for Major-General Commanditg may be pleased to tact. *The Court baring closed in proceedings, and come to a two or three days my opinion of the length of time decision not of the severest parare, refrained from feed the bodies had been in the water is formed from the **ing their impressione upon certain points connected with appearance and state of the Scarf Skin or cuticle, on * this case, which they now feel it has been their duty to
handling the bodies it did not separate. "The youth of the prisoner, the deep contrition so appa. Chun Aroon, states. I have been a Cook, in the employ of Colonel Reignolds for the last three * Court, and bie spontaneous offer of full apology and aine months. My Brother, who resides at Heongkong Court to the officer he had injured, induced the Cour" to being sick, and desiting to take over clothes and me feel, that a comparatively lenient Beatenes would, to a per 11-sue of such high character as an officer and a gentlemedicine to him, I engaged a patenge in a fat boat
with one only deviation therefromsite, as a warning for the future, without rendering that future one of hopes and unavaling magzat.
***
* rựnd throughout his trial, the tone of his address to the
The Courte aware that no provocation could justify * the net for which the Prisoner was under trial bartai he strangly and truly anticipated that it would be deemed ag. gravated if no provocating however slight had been offer ad, the Court felt itself bound to give him the benefit of the lesion of the only two persons who were present when the * doba sggested to it on this polit, by the Imperfect recol Offence was committed, og being questioned therson by the Pris pr.
PUGNAY
C
about to proceed to Egongkong in this Island, I went of board the boat al siz o'clo Un the night of the
|
27th Instant The amount of Fare was 150 cash, I did not pay that suna here, but I was to have paid 3 on my arrival at Heongkong I cannot recognize the Four men lying dead, they might have been pas-
under weighs It was too dark in the hold for me sengers unknown to me.
After I got on board the boat I west down into the hold, and she speedily got
za drúngsah any of the other passengers, about Fleven o'clock, when the, bost arrived at West Poine,
nom nabe godown of Mesare Jemieson How &Co, and
*The Court cannot bar, megret that the spirit of the 196 * Artials of War, and the towerpretation thereof, u dve in Her Majesty's Regulacions, were not fally carried ou, as appears to have been originally intended; forʼn wär balikved, that the 106th Article of Warw Emmed with the 'for
fal intent of giving the means of expiring offences uns gesto at connected with duty between brother Officers, and there~~~ 4/bgravoiding the Ordeal of a Court Martink
Confirmados trab
(Bigsed) GEORGE DZÁGUILAR.: KAUN Major-General Commanding the Troopsis China, Viesoria, 19th October 18457
REMAR BY THE HONOURABI MAJOR
to the shore, some persons on saying that if we did not asket at tis, the Passengers orerboard, I SWAB got to shallow water, just who chased me in a
Chan- & you, statea I have been employed in a Fruit Shop in the new street of the Teiping-aban, the shop, is kept by a man called Akwei, I was dus sirous of proceeding to Macao, but there being wo passage boat sailing between
en this place and Macao
at present, I took a pasange in a boat for Heong- kong, Latailing to proceed from thence to Macao, I embarked about dusk on the evening of the 27th last, the boat sailed from the lower market, and whilst we were getting up the anchor, she touched the stern of a Lorcha, the men in the Lorchn com- menced abusing as, and shortly afterwards I saw a boat chase us, when we got as far as the Godowns of Messrs Jamieson, How & Co. Some persong on had balis in them, they passed over our head, the board a Jampan fired two shots at us, the guns Captain and crew got frightened and leaped over board, when I saw this, I leaped over board after thom, when I got on the shore which was close to The boat, the Guard peon chased me, and one hav ing white clothes, apprehended me, I do not re- cognize the deceased persons, they might have bees passengers on board, I do not know the exact num ber of men who had been on board our boat. After we jumped over board, the Europeans throw bam- boos and cara at us.
4 Tuematchong, states. I am a Pork buther in the Lower Market, my master kept a stall in the market. The Captain of a Heongkong passage boat owed my master 600 Cash, I went on board in the evening of the 27th inst. for the purpose of get ting the money, but the Captain out being then on board, I walled for some time, and went into the hold whers 1 commenced drinking Samshoo with a friend, by its effect I fell asleep and was awake by the report of muskets fired at us, the rest of the passengers jumped over board, and I followed them. was caught whilst in the water by & Policoma, I do not recognise the deceased persons, they n have been passengers on board, my master liv front of No. 1 Police station, the name of my ma in a Shop kept by a Carpenter called fee w•,
er la Chan-Achow.
denmoss of proceeding to Heongkong to recover Won Shing, states, I am a Carpenter, being some debta dag me, I took a passage in a passage boat for that place, I embarked on the evening of the 27th, it was night time when I went on board, shortly after we got under weigh a boat with Eura pane on board followed us, and fired two shule al us, the greater portion of the passengers leaped over fired at us, as I board, there must have been shot in the the guns being able to swim, I remained in the bold, a tis
the noise of the shots, pean seized me whilst there, I do not recognize the deceased persons. They might have been pause);
gors.
Law Amen, slate. Iam a fruiseren the Pol prevented me selling in the street, and shaving no means of earning a livelihood here, I minibarko ed in a passage boat for Heongkong to see my bro- ther who resides there, and to induce him to pr. ceed with me to Joong-kong my native place, entbutted on board a passage bost até o clock of the trening of the 27th inst., the boats got under weigh at six o'clock, and shortly afterwards, BAT-1 boats followed us, a large one and smaakt ends. The* "men in the boats fired two shots at bay we g÷ frightened and jumped over bourd, while in tha water a Policeman struck me with a suf on fis foreliend (witness has a wound on the foreben? I swam to the shore, which was not far distant;" Policeman seized me. I do not recognize t censed persons; they might have been passenger I did not know either the Captain, Grew or pass sangere, not having been before in the boat”
Sergeant Clifton of the Police, Bworn, states, I dremed the wound ofthe last witness, it isan inch or the last witness for Thereabout in length and about a quarter of an inch ook at Col. in depth. It must have been inflicted by a bluni good strament, I dressed the wound on Tuesday night
(he | after he had been brought to the Palico station.
|_ Choong Achow, stales. 1 in « Cammer by four days ago i received a letter from my brother at Macho requesting me to come over as I had no money to pay my passage thitiser,
cking laké a doba yra due, me at Eleong
o'clock on the rening of
en in all in the boat in in chase of us fired two all jumped over board. Cook to Col. Reignolds
am a Musician in a brothel I was engaged by the mouth
It
the intent of returnin here ond the boat got under weigh the anchor touched Sorthe-lying close by the men orcha shuset us, our boat propended niong, ott with Europeans chamd us and two Inhots were fired at as, I got frightened and went over board; a boat with Policemen in it than
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