July 2, 1898.1
the niece call out to de Jesus that the old lady had been knocked down, he must have seen. de Jesus come into the verandah and advance towards him, and he might have been under the impression, in his unhealthy excited state of mind, that de Jesus was about to attack him, and he put it to the jury that prisoner was in such a state of mind at that mo- ment, the result of all these combined causes, that he was not in possession of his right senses and had not been in his right senses in reference to this matter for a couple of months, and that the events of 'that evening brought matters to a crisis. Mr. Francis proceeded to deal with the law with regard to insanity, and after a few final words to the jury resumed his seat at one o'clock, when the court adjourned for tiffin.
Immediately after tifin the Attorney-Gen- eral addressed the jury. He remarked at the outset that had it not been for the very ela- borate and extremely able defence of his learned friend Mr. Francis, a defence which he thought it necessary to elaborate that morning in a speech of three and a half hours' duration, he should have thought they would have had to deal with as simple a case of murder as ever came 2 fore a jury. He would submit that they had here evidence of an ordinary case of murder. After touching on the facts of the case, the Attorney-General contended that there was absolutely no evidence whatever to warrant a verdict of not guilty on the ground of insanity. Insanity was easily set up, but it was difficult to prove. Mr. Francis seemed to keep that defence as a kind of masked battery for the end, contending that prisoner was labouring under a delusion. A delusion
one sign of madness.
There was & case on record where a man believed he was the Crystal Palace, another that he had a glass finger, and another that he was absolute monarch. If prisoner's brain Was diseased at the time he committed this act it
Was
an
was very strange Dr. Atkinson, Dr. Lowson and Dr. Thompson could not find any symptoms when they examined prisoner. He submitted that the case was one of simple murder, and that the defence so ably and so ingeniously set up had entirely failed. His learned friend had not found a single doctor in the colony to come forward to support his plea. In spite of the eloquence of his learned friend he sng. gested that they could come to no other con- clusion than that this was a case of murder by a jealous young man who was corrupt in his own mind and had corrupted the mind of his fiancee.
CHINA OVERLAND TRADE REPORT,
Was
imagine that he must have passed through the hands of medical men in this colony would have some knowledge of his mental or Macao in the course of time, although they characteristics. They had further no evidence of any hereditary taint of insanity in the family, and that of course always had an im. portant bearing on a defence of this kind. In regard to prisoner himself some seven witnesses were called to speak of various acts more or less showing eccentricity and abnormal mental obaracter on his part. The Chief Justice re- viewed the evidence of these witnesses, and continuing said that they had on the other of insanity the evidence of Dr. Atkinson, hand with regard to this general question Dr. Thompson, and Dr. Lowsou. It not for the Crown to show that a man was sane. that he was not sane, but in all cases of this It was for the prisoner to make out kind where the defence of insanity was set up, no doubt it was more satisfactory to the jury that the medical officers who had more or less had him under observation should be called to give evidence with regard to his mental state. These medical officers apparently had not had prisoner specially under observation with regard to this question of insanity until this last week or 80. The result of the examinations made by these three medical officers was that so far as they could form an opinion from the interviews they had with prisoner he was of sound mind. Of course this did not conclude the matter. These examinations took place some five or six weeks after the occurrence, and what they had to direct their attention to was the man's state of mind at the time of the occurrence. But what the doctors said was that if insanity existed on the 9th of May they would have ex- pected to find traces on the 16th of June and the few following days when they examined him. The Chief Justice then made some observations on the facts of the case, after which he touched on the question of manslaughter, giving the law on the point. It was a quarter-past five when his lordship concluded his remarks, his summing up having occupied just over two hours.
The jury retired to consider their verdict returning after an absence of six or seven minutes.
The Clerk of the Court (Mr. Seth)-Gentle- men, have you agreed upon your verdict? How say you? Do you find Joan de Matta Ozorio guilty or not guilty ?
The Foreman (Mr. Herbert Smith)-Guilty of wilful murder.
The Clerk-And are you unanimous ? The Foreman-Unanimous.
The Clerk (to prisoner)—Have you anything to say why the sentence of death should not be passed upon you? Have you anything to say
Prisoner made no reply, seeming somewhat dazed, as if he hardly realised what was said to him.
The Clerk again repeated-You have been found guilty of wilful murder.
The Interpreter (Mr. Pereira) translated this to him,
Prisoner theu broke out first in Portuguese and then in English-I say that guilty. My conscieno says I am not guilty. am not The fault was committed by the old woman, by the daughter, and by my fiancée. I asked my fiancée to accompany me-to go to the house of my sister. The old woman and the eldest daughter would not allow le..
The Chief Justice commenced his summing up at ten minutes past three. He said that in the first place the defence set up was a plea of insanity, and secondly, assuming that that de- fence failed, that there were circumstances into the court ? the case which reduced the crime committed by the prisoner from the serious crime of murder to the less serious orime of manslaughter. He could not help thinking that these two defences were not quite consistent one with the other. A defence of insanity rather involved the idea that the case for the Crown was to be considered as bad and as aggravated as it could possibly be, and therefore the act of the prisoner all the more causeless, while on the other hand the defence of manslaughter involved a tumbling down or explanation of the evidence given for the Crown so As to show that pro- vocation was given, to prisoner to induce bim to commit the homicide. With regard to the defence of insanity, they would have to come to a verdict of guilty of murder or not guilty of murder on the ground of insanity. With regard to the second defence, assuming they could not say that the man was insane, they would have to enquire into the cironmstances under which the act was com- mitted-to say whether or not sufficient pro- vocation was given to reduce the crime from murder to manslaughter. After dealing with the questions of law, the Chief Justice asked, what were the facts of this case in regard to this plea of insanity? There were some seveu witnesses called on behalf of prisoner. He thought the evidence for prisoner might be said to be remarkable for what it did not contain. It did not contain the evidence of any medical
The Chief Justice-Have you anything else? Prisoner (in Portuguese)-Anything else I He supposed prisoner was now some- can say will break the hearts of all here. thing like 30 years of age, and they would
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plain to him we do not want an account of The Chief Justice (to the interpreter)-Ex. what happened. We only want to know if he has anything to say why sentence of death should not be passed upon him.
Prisoner (in Portuguese)-I wanted to say so that the public might hear me.
that now.
The Chief Justice-We do not want to hear anything to say why sentence of death should We only want to know if he has not be passed upon him.
Prisoner (in Portuguese)-I am not guilty, If I did kill that man I do not know how it discharged. was. I lost my head at the time the fire-arm was
The Chief Justice having put on the black
cap said Joan de Matta Ozorio. been found guilty on what I take to be very You have
are charged. You have had a long and careful clear evidence of the offence with which you trial and a very full and able defence by your learned counsel. remarks on your orime because I do not I am not going to make wish to add pain to what you must feel. I will only beg you to endeavour by prayer and contrition to make your peace,
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Prisoner (in English)-I need not, because my conscience is clear,
The Chief Justice (continuing)—The sen tence of the court on you is that you
will be
and thence to the place of execution, and that taken hence to the place from whence you came you will be there hanged by the neok until you be dead, and that your body be buried in such order. Aud may the Lord have mercy on your place as His Excellency the Governor shall soul!
Prisoner was then removed. He was conveyed from the Court to the Central Police Station in a covered chair escorted by a body of police.
SPANISH-AMERICAN WAR. THE SITUATION IN MANILA.
-
THE SPANIARDS TAKE HEART.
PREPARING FOR A VIGOROUS RESISTANCE.
THE ATTITUDE OF THE GERMANS
THE SPANISH RELIEF SQUADRON,
28th June.
in Manila had been reduced the Governor-Gen- Owing to the straits to which the Spaniards eral was at one time strongly in favour of sur- rendering to the Americans, but the attitude another Spanish fleet is on its way to the taken up by the Germans and the news that Philippines has put fresh heart into the Gov- ernor-General, and despatches which arrived yesterday by the German steamer Petrarch, which left Manila last Friday, express the opinion that on the arrival of the American sail into the Bay on Sunday-and Admiral troops and 5,000 of them were expected to Dewey demanding the surrender of the city the Spaniards instead of throwing up the sponge the Spaniards had renewed their exertions would show fight. With this object in view
and commenced strengthening their de- fences, placing sand bags all round the walls, digging rifle pits, and polishing up their can- non. Though the Spaniards might be able and the Americans if only attacked by land to hold out for some time against the rebels
they will be practically helpless against, a bom bardment.
Apparently the Governor-General is trusting to the German squadron to prevent this catas. trophe, for he has issued a proclamation in which he declares that the Germans are sure to keep the Americans from bombarding and cap turing the city, adding that there is a strong fleet "coming out and that before long the Americans out of the Harbour. He, therefore, Spanish and German vessels will drive the
urges the inhabitants to do everything they can to resist the enemy. By the way the Ger mans, who are commanded by Vice-Admiral von Diederichs, have at present five vessels at Manila, and it is reported that they will Prince Henry) and the Gefion. Great prepara- shortly be reinforced by the Deutchland (with tions are being made for the Prince's reception.
There is a strong feeling among the British residents that despite the additions which have recently been made to our squadron at Manila, it is advisable to send still more and larger vessels there, in order to keep up our pres- of abating, and though as yet nothing serious tige. The anti-British feeling shows no signs
has happened to any of the British residents their position is becoming more and more precarious. The British have chartered ships, of the Maritima Company, which now lie at anchor close to the Immortalite, where they will all take refuge at once if things come to orisis. The two British banks, which are only open for three hours each day, have placed money on H.M.,8. Immortalite for safe keeping,
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