June 25, 1898.)
West Terrace, on the evening in question she heard prisoner crying. He was in Glafira's room, which was only separated from hers by furniture a ward-robe. This was not the first time she had heard prisoner cry. He and Miss Glafira had frequently quarrelled since the middle of March. She detailed her experience of the shooting, as at the Magistracy.
In reply to Mr. Francis, witness said there had been no quarrel or ill-will between prisoner and her mother.
Mrs. de Jesus, deceased's widow, then gave evidence in conformity with the story she told at the Magistracy.
The Court then adjourned.
23rd June.
Mr. Francis, in opening the case for the defence, said his first duty on behalf of his unfortunate client was to thank the jury very sincerely for the patient way in which they had listened during the past two days to the evidence, which was very wearisome and very painful and disagreeable to those who had to extract it and to those who had to listen to it. It was admitted at once that prisoner killed Mr. Jesus, but the jury would have to ask themselves whether prisoner at the time he fired these shots was really responsible for his actions; was he in such a state of bodily and mental health that he could in point of law be held to be responsible for the crime he bad committed? The jury would be asked to form an opinion as to whether there was anything in the surrounding circumstances which would enable them to reduce the crime
from one of murder to manslaughter. He proposed to call witnesses who would show that prisoner was not responsible for his actions, that he had been suffering from some form of mental disease which had deprived him of reasonable control over his thoughts and ac- tions. The evidence he proposed to call would show that what prisoner was contemplat- ing was not murder but suicide. For some few months past there had been such a change in prisoner's conduct, in his mode of living, in his mode of dealing with those around him, as to justify the inference that he should ask the jury to draw that he had suffered from some mental disease which for the last month or two had made him not responsible for his
actions.
CHINA OVERLAND TRADE REPORT.
the last year he had been more reserved than before in the office, hardly speaking to anybody. By the Attorney-General-Prisoner's duty was to chook the invoices. A few days after the 9th of May Inspector Hanson did not call upon him.
By the Chief Justice-Mr. Gillies had warned prisoner ou two or three occasions over his carelessness. Prisoner's salary was $100 a month. He had got that for 18 months or two years. Prisoner did not tell him what this obituary notice was for.
P. M. de Graca, a bookkeeper in the employ of Messrs. Chater and Mody, said-I have known prisoner since a boy. He resided with me in Hongkong from 1886 to 1894.
I re- member seeing him on the morning of the 9th of May. I had come out of the church and I saw him at his window putting on his necktie. I called out, "Hello, why are you up so early." (It was eight o'clock.) Im mediately afterwards he said to me, "Your sis- ter-in-law is going away to-day for Shanghai." He put that to me as a question, and I said,
No."
He persisted in saying "Oh, yes; bo- cause she got a telegram from her son." To this I replied, It is possible, but I don't believe so." My sister-in-law did not go to Shanghai at that time, though it was known she was going. When I got home I asked my sister-in law how it was she had had a telegram and not said a word about it, and she replied that there was no telegram. During the time prisoner was living with me his temper was not bad. During the last few months he lived with me, however, his manner became very queer. He would not speak to anyone for days and days, and at meal times he sat down at table but would not eat anything.
21
By the Attorney-General--He was not in any way related to prisoner. Prisoner's brother, how- ever, married witness's daughter. He knew prisoner's father and mother. They died at a good age and were respectable sensible people. His sister-in-law went to Shanghai last Sunday. M. da S. Guimaraes, in the employ of Arnhold, Karberg and Co., said-I was at school with prisoner, and I remember that his school mates used to call him by a nickname which means in English "crazy or half-cracked. I have fre- quently spoken of him as crazy before his own face, and I think a good many of his other friends have done the same. He used to change his mind frequently. He was good tempered as a rule, but when he lost his temper-well it was more madness than temper. When I have told him to his face he was half mad that was my real opinion of him; I was not jesting. I have seen prisoner frequently. At one time he visited me frequently, bat during the last few months she has never called upon me. I have never quarrelled with him.
By the Chief Justice-He knew prisoner was engaged to be married and he knew the young lady by sigl.t
Č. A. M. de Jesus, a clerk in the employ of Captain Andersen, marine
surveyor, said—I knew prisoner when I lived at the club-from 1894 to 1897. Prisoner was a messmate of mine. During that time his general behaviour was very strange. I think he was deranged in his mind, because no man except he was de- ranged would set about copying an unabridged dictionary when it was his own as he did.
George Caldwell, accountant in the Dock Company's Office at Hongkong, said-I know prisoner. He had been in the employ of the Company for the past ten years. I remember the 9th of May. I got to the office about A quarter past niue. The prisoner was standing at the counter at the time talk- ing with the manager, Mr. Gillies. As soon as I arrived at my desk prisoner, while appar- ently still engaged with Mr. Gillies, turned sharply round to me and in a rather excited way asked me what was the correct way of wording an obituary notice in English. He had the draft of such notice on the back of an "ex- press," and said Mr. Remedios, another clerk in our office, had had an argument with him on the point, and he was rather worried as to whether it should be headed “died” or “dead” or “death." I told him sometimes we saw it "died" and sometimes "death." He seemed rather satisfied at this, as if he had carried his point. He then left me and went to the desk of Mr. Remedios. I heard him speaking to the latter, but could not hear what was said. The obituary notice was a mere form. I did not notice any name. Prisoner seemed very intent upon his work that afternoon; he was very quiet. I had occasion to speak to him about four o'clock and told him to keep back an indent for goods which had been prepared for New York and not to send it by the steamer on the following day. He was startled when I spoke to him and looked at me in a stupid manner as if he did not understand. I had to repeat the instruc- tions before he took them in. When he looked up at me his eyes were very red and moist, and I thought at first he had been asleep at his work. When he left his desk it was very clear to me he had been crying, his eyes not only being moist but tears on him. his cheek. Prisoner's general behaviour in the office up to the 9th of May was on the whole good. His temper was, however, very solemn and morose. I should say that during
By the Attorney-General-'e did not think prisoner was a fit subject to be shut up in a lunatic asylum all his life. He thought it was a case of insane neurosis. 7. understood that
"AN prisoner copied all the
in the diction. ary. He thought he did it to master the Portu- guese language.
Chui Chan, the bar boy at the Portuguese club, Vasco da Gama, said-I know prisoner, who was a member of the club. I remember prisoner coming to the bar about the 28th of April. Prisoner said, "I want to die. Can you arrange a man to kill me? I'll pay $100." I did not give him any answer,
By the Attorney-General-When prisoner spoke in this way he appeared to him as if he was crazy. A few days after the 28th or 29th April be mentioned what prisoner had said to
M. Marques, a clerk in the employ of Powell and Company, said-I am a member of the Vasco da Gama Club, of which prisoner is also a member. I remember having a conversation
|
503.
with him in the club towards the end of April. Prisoner asked me to take his life or get some- one else to kill him, and he offered $100. I told him hot to talk nonsense. Prisoner had been talking to me very quietly before this.
P. M. da Silva, a clerk in the employ of Messrs. Shewan, Tomes, and Co., said—İ have known prisoner since we were boys at school. I have always known him to be very eccentric and hot tempered, and have told him several times that the only place he was fit to be in was a lunatic asylum.
Mr. Francis said that that was all the evidence. for the defence. He asked that there might be an adjournment until two o'clock.
The Attorney-General said that if his friend intended to rely on a plea of insanity it would be for the prosecution to call evidence to rebut this. The Crown had to assume that the man was sane, and it would have been ont of order
for him to call evidence on the point before. He asked to be allowed to call Dr. Atkinson, Dr. Lowson, Dr. Thompsou, and Dr. Swan, all of whom had had the opportunity of seeing this man and testing his state of mind,
Mr. Francis-I have nothing to say to that. The Chief Justice-Then you rely upon this defence?
Mr. Francis-Certainly, my lord.
Dr. Thompson, medical officer at the gaol, said he had paid special attention to prisoner, and had formed the opinion that he was sane.
The Court then adjourned for tiffin.
After tiffin Mr. Francis continued his cross- examination of Dr. Thompson, which he had begun just before the Court rose.
In reply to the Chief Justice, witness said he examined prisoner specially with the view to as certaining whether he was insane or not, and he came to the conclusion that he was not insane.
Dr. Atkinson, Principal Civil Medical Officer for the Colony, said the first time he had an op- portunity of seeing Ozorio was on the 16th of June at the gaol. He examined him with a view to ascertaining whether he was insane or not, and he came to the conclusion that the man was of sound mind. He had an interview with pri- soner of some half-an-hour's duration. He talked with him on various subjects and examined him as to his general appearance. He had had experience of cases of insanity for the past 20 years. Prisoner answered the questions he put to him sensibly and coherently, and did not give any evidence of any delusion.
On being cross-examined by Mr. Francis, witness said that when he spoke to prisoner the latter said something about a suspicion he had. He was under the impression that somebody had been unfaithful to the young lady he was engaged to. He was under the impression that the medical attendant, whom she went to con- sult on one occasion without being accompanied by a lady friend, might have been unfaithful asking him what he did it for, and he replied to her. He asked prisoner about the shooting,
that he did not know.
Dr. Lowson, at present in charge of the Lunatic Asylum, said the first time he saw Ozorio, except when he gave evidence at the Magistracy, was on the 16th June, when he went to the gaol with an open mind with the view of ascertaining whether prisoner was in. or not. He, had three interviews with prisoner, and he came to the conclusion that he was of sound mind.
sane
By Mr. Francis-The first interview lasted more than half-an-hour, and the main topic of conversation was the murder. Prisoner said he was innocent and had a perfectly clear con- Asked science, and that he had shot the man. why he did it he said he did not know, he could not help it. When witness said there must be some reason prisoner commenced a recital of
events from last October, some of the details
being most filthy. Witness gave these details, He formed no opinion as to whether prisoner was insane or not on the occasion of his first visit. The second and third times he saw him was with Dr. Thompson.
Re-examined by the Attorney-General-On the second and third occasions on which he saw prisoner witness came to the conclusion that
he was sane.
The Attorney General said this was all the evidence he wished to call.
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