페이지 이미지
PDF

ceeded to inform the police constables of what had happened. George Williams, a mariner, belonging to his majesty's ship Ceylon, being also called and sworn, deposed, that he had breakfasted with the deceased in the morning; that she seemed to be exceedingly affected, and very uneasy; that she scarcely spoke to him; but, while at breakfast, muttered in a low tone of voice, and now and then cried; that on asking her what was the matter, she shook her head, and he heard her once exclaim, “I am undone !” That after breakfast he went away, leaving the deceased and the above-named witness in the house; and, upon his return, some time after, he found the deceased lying in the condition before described; and some persons who had repaired to the spot, in consequence of the alarm given on the occasicn among the neighbours, were there collected. Several other witnesses were likewise examined, as to the time the report of the pistol was heard, in which, as well as to there being nobody then seen in the house at that moment, they all agreed. From the above examination, it appeared to the jury, that, from a paroxism of grief, the deceased must have lost the use of her reason; and, having retired for a few minutes, they brought in a verdict of lunacy.

PRINce of WA Los's Is LAND Occurrences for March. Sessions of Oyer and Terminer and general gaol delivery,

Court of judicature of Prince of Isales's

Island.—Friday, March 10, 1809. Kamoody, a sepoy, was tried upon an indictment, which charged him with having feloniously ravished Aleema, the wife of Toole Mahomed, a tailor, on the 8th of February last, at George Town, in this island.—Aleema, the woman, swore positively to the facts against the prisoner; she lives near the draw-bridge ; prisoner came to her house about two o'clock

on the day of the 8th of February last,

w

and said he wanted her husband, who was a tailor, to make him a sepoy's hat, she told him he was not at home, and he went away, through the door leading to the street, by which he entered the house;—she had then just lain in of a child, and was confined to bed. In a few minutes after, the prisoner returned to her house, offered a dollar, which she refused to accept of, and he dragged her out of her cot, threw her down, and committed the violence, which she particularly described, and swore to all the requisites necessary to complete the crime of rape. He remained two hours in her house with her, and went away; there were several houses and neighbours all about her house ; she said she endeavoured to cry out, but the prisoner kept her mouth stopped with a cloth the entire time, so that she could not call for assistance; her mouth was stopped with the cloth for two hours :-after the prisoner left her house, she told what had happened to some neighbours, but the prisoner was not apprehended; her husband returned that night, at midnight, and she told him all that had happened, and he and she complained to the police; soon after which the prisoner was apprehended. Saddoolaw, who lived next door to her, deposed, that there was a passage from his house into the house of the prosecutrix, and there is another passage into her house from the road; that, about a month ago, prisoner passed through his house, conversed with him, and said he had some business with the tailor, the husband of the woman; that he went into her house and remained about an hour, and then returned through his house; and there was no noise during the time he remained there ; that if there had been the least noise, or any person had cried out, he must have heard it; that soon after prisoner walked away, the prosecutrix came out, and charged the prisoner with having had forcible connexion with her; there were several neighbours and people all around, who would come to her assistance if any alarm had been given when the prisoner was in her house.

The husband of the woman swore, that, upon his return, at twelve o'clock at night, she told him what had happened; in consequence of which, he and she gave information, on the next day, against the prisoner, at the police office; he was then in the hospital, and was soon after taken, or gave himself up ; many sepoys, his friends, used to assemble at his house to smoak and drink toddy, but he was not particularly acquainted with the prisoner.

Prisoner, in his defence, said, it was true the woman had sworn to the facts against him, but that, at the time he is charged to have committed this crime, he was sick in the hospital, and had not the perfect use of his limbs, from a violent rheumatic complaint; that he got leave to come to town on that day, to receive some pay, which he did, and went to the house of the woman's husband, who is a tailor, and lives near the drawbridge, in order to get a new regimental cap made for the celebration of the mussulman's hol'nays, which were approaching; that the husband not being at home, and the woman having seen

some money in his hands, applied to

him for some, and said, when she was recovered, h : should do as he pleased with her, if he would then give her the money; that he refused, and she from spite and anger, made this charge, when he was gone; and that he returned to the hospital, and as soon as he heard of the charge, he came to town and gave himself up, and refused to compromise or abscond ;--these facts, as to his being an invalid in the hospita!, and having surrendered, was confirmed by one of the superi r officers in his regiment. Sir E. Stanley, in his charge, told the jury, that there was no crime, the investigation of which required so much the care, vigilance, and caution, of a court and jury, as that which was imputed to the prisoner, nor any offence, in the trial of which they were more liable to be imposed upon. The crime of rape, no doubt, is a most detestable one, and as such made a capital

offence by the law of England (18

Elizabeth, c,7,); but it is an accusation easy to be made, and difficult to be detended by the party accused, be he ever so innocent; and it does not, in the ordinary course of things, admit of that sort of negative evidence, by which other crimes may be controverted; the guilt or innocence of the party can, therefore, only be determined by the credit of the woman, and by the circumstances which accompanied and followed the transaction, demonstrating the probability or improbability of the charge ; the party ravished, no doubt, is a competent witness, but the credibility of her testimony, or how far she is to be believed, must be left to the jury, upon the circumstances of fact, that concur in that testimony, for instance, if she presently discovered the offence, and made search for the offender; if the party accused fled for it; these, and the like circumstances, would give probability to her testimony; but if the place where the fact was alleged to be committed, was where it was possible she might have been heard, and she made no out-cry, or gave no alarm ; if her evidence stands unsupported by others; . if she concealed the injury any time after she had opportunity to complain; these, with other circumstances of the improbability of the fact, carry a strong presumption that her testimony is false or feigned; for one excellence of the trial by jury is, that they are triers of the credit of witnesses, as well as of the truth of the facts they swear to. In the present case, it is extraordinary that the prisoner should have chosen two o'clock in the day as the time for his committing this outrage;

that he should have chosen an house on the high road, surrounded by other houses and neighbours, as the place;

that no alarm should have been given

during an hour or two, that he remain

ed in the house; that he should have

gone publicly through the house of the woman's next neighbour, who,

upon the slightest complaint, might

have seized him, instead of going through the door that led immediately from the road into the woman's house ; that he should have remained there one or two hours, under the peril of her husband's return home, and of being taken upon the least alarm ; –that he should have returned after the alleged fact publicly through the next house, where he could easily have been taken, and walked away unmolested; all those circumstancss existed in the the case to shew the improbability of the fact having been committed, as sworn to ; he said it was essential to the crime of rape, that it should be committed against the will and consent of the woman, and that the jury were to determine by the circumstances :-1st,

whether they believed the fact sworn

to was at all committed;—and, 2dly, if it was, whether it was with or against her consent. If she at all assented it was no rape, if her mouth was stuffed with cloth for one or two hours, she must have been suffocated. He then stated the improbability of a man, who was a cripple and invalid in the hospital, having chosen such a time to perpetrate an act of that sort:-and also his having selected, as the object of such violence, a woman who was only just recovering from her lying-in :--the circumstance, also, of his not having absconded when the charge was made, but having come up to town from the hospital, and voluntarily gone to the police to answer the conplaint, coupled with all the others, tended strongly to rebut the probability of the charge being well founded, and to demonstrate a consciousness of innocence on his part. The jury retired, and soon after returned with a verdict—of acquittal.

Pen ANG, March 11.-On Wednesday evening, John Macalister, esq. and captain Greaves, landed from the ship Nancy, which they left, about seven o'clock in the morning, off Saddle Island. This ship left Malacca, on the 24th ultimo, and on the 26th, about 8 P.M. was totally dismasted, Parselar Hill bearing E. by S. 16 fathoms, supposed by lightning; al

though, at the time, there was a pleasant breeze, and clear moon-light, without the least appearance of a squall, excepting a little lightning over Parcelar: unfortunately one life was lost by going over with the masts. The Nancy came in last evening under jury masts.

PRINCE of WA LEs's Is LAND Occurrences for April.

PENANG, April 8.—Account of the

loss of the brig New Endeavour, captain Joze Anthony De Coil, by fire, in Booron roads.

The brig New Endeavour sailed from Bengal river, on the 6th of December, 1808, bound for Prince of Wales's Island, in company with his majesty's ship the Culloden, captain P. B. Pellew, and the ship Europa, captain Cowan.

On the 8th of January, the brig being in tow by the Culloden, and it blowing very fresh, she strained to such a degree as to occasion her leaking; so that she has "shortly four feet water in the hold, and could hardly be kept free with both pumps going, notwithstanding she had the assistance of a boat's crew from the admiral; they were under the necessity of throwing a part of their cargo, consisting of ghee, &c. overboard, to lighten the vessel. She continued in tow until the latitude of 5° 30', and longitude 95° 55', when she was cast off, and experienced strong currents to the westward, and the next morning saw the coast of Acheen. She continued beating against adverse winds and currents for about ten days, and with great difficulty made Diamond point; from this place, having a south-easterly breeze, captain De Coil made an attempt to cross over; but it shortly fell calm, and a strong current from the south-east drove them down, off Booron, on the coast of Pedier.

On the 14th of January, came to an anchor in Booron roads, being in absolute want of water, fire-wood, and lamp-oil : during the following two days got water on board, but coul! not procure any fire-wood. On the 17th, at five A. M. mustered all hands to weigh anchor, while they were about which, Mrs. Yates, a passenger, observed smoke coming up the afterhatchway, and immediately called to the captain, who was at that time on the forecastle, and who, on coming aft, took off the scuttle, when the flames immediately burst out. Every exertion was made to extinguish them, but without effect; and as every one feared a sudden explosion, from the powder in the gun-room, they instantly got into the long boat, and pushed off without water, or any thing, save the few clothes they had on ; at this time the flames were issuing from the cabin windows. They had no sooner reached the shore, than they were surrounded by Chuleahs and Malays, from the town of Booron; and the chief, after having searched the captain, ordered him to return with him to the vessel, in the hopes of recovering dollars, which they supposed to be on board; the violence of the flames, however, and the fear of he rlowing up, prevented the boat going alongside, and they returned to the shore, were they found the passengers, and crew all made prisoners, after having been strictly searched for dollars, which they might have spared themselves the trouble of doing. About noon they marched, under a strong guard, to the town or Booron, were they had each a cup of rice served out to them, the long boat had been taken from them, to prevent their going to the wreck, to save any thing; the Chuleahs and Malays, however, obtained a great quantity of cloths, a single piece of which they refused to spare to any of the prisoners, who were almost naked. even to Mrs. Yates, who escaped with only her shift and a bed gow 1, although they had been kept the whole day in the sun, and on the burning sand. On the 18th Mr. Roach, the chief officer, and some of the people went down towards the wreck, which had driven on shore, in the hope of obtaining some few articles for their sub

sistence, but they were immediately set upon by the plunderers, and did not escape without a severe beating; they continued thus, with only a little rice to support them, during four days, when the boat was returned to them, which sold for twenty-four dollars, in order to purchase a few articles for their journey to Tulosumoway, where they arrived, after a march over the sandy beach of upwards of sixty miles, during which they experienced no relief, except having a few chillies given them, and a handkerchief, which a Malay took off his head, and gave to Mrs. Yates, whose sufferings may be more easily conceived than described. On their arrival at Tulosumoway, they were conducted into the fort, and ushered into the presence of the queen, who was very particular in her inquiries, but without offering them refreshment, informed them they would experience every relief from captain John Elliot, who happened, very fortunately for them, to be at that port, fitting out his vessel; and in which her humane majesty was not mistaken. With captain Elliot they all embarked, (except an European Portugueze, named Jozea Anthony, who took service with the king of Acheen,) and arrived safe at Malacca on the 13th of March. We cannot close this account without mentioning the unfeeling conduct of a man named Russan, (formerly a sepoy in the service of Mr. Prince, of Tappamooly,) who, though he had saved, very unaccountably, some pieces of Boglepore and chintz, refused to let poor Mrs. Yates, although an European woman, considerably advanced in years, and almost naked, have a piece of either, even on the promise of double the value ; nor was the seacunney Jozea more humane; for though he had saved four pair of shoes, and had a good pair on himself, he suffered her to walk sixty miles on the sandy beach barefoot, sooner than part with a pair on similar terms. Mrs. Yates, together with captain De Coil, and several of the people, have arrived at this port on the brig Joseph, captain Alcantara.

PRINCE of WALES’s Is LAND Occurrences for May.

PenANG, May 2.- The following proclamation was published at Manilla in the month of February last.

Decla Ration of THE PHILIPPIN es.

To the inhabitants of the Philippines.

The abdication of our lord, king Charles the fourth ; the subsequent elevation of our beloved king and lord, Ferdinand the seventh, to the illustrious throne of Spain and the Indies, the deplorable misfortunes which have befallen the royal family,and originating in the treachery of a favourite, whose crimes have outstripped even the prodigal bounty of his sovereign ; the duplicity and perfidy of the emperor of the French, who, under cover of the closest alliance, has sought to impair the independence, the greatness, and the true succession of the Spanish monarchy, by tearing from the bosom of his country (though not, indeed, from the hearts of Spaniards) our beloved master, Ferdinand the seventh ; finally, the heroic efforts of the nation, in support of the sacred rights of their king, and in token of the love and loyalty which they bear him; these are the events, which have now, all at once, been made known to the faithful and affectionate subjects of his majesty, living in these remote regions.

What an assemblage of objects, all calculated to excite the most lively emotions of the heart of every loyal Spaniard ' Yet, at one and the same instant, every other feeling has been absorded in the more tender and ardent sensations of joy, excited by the new dignity and splendour which these events have imparted to the throne of our beloved king and lord, Ferdinand the seventh; and in the eagerness with which we have joined, in pronouncing our solemn vows of fidelity on the occasion of his proclamation. We have never reased to hope and believe, with a confidence approaching to certainty, that the divine protection will

still continue to attend on a cause so just and holy, on a cause which has no object but our king, our religion, and our country. We have never ceased to think of the heroic exploits at hieved in so admirable a manner, and almost at the same instant, for the chastisement and expulsion of an enemy, who already thought that he had subdued, by force of arms, the whole country of Spain, and who still d tains our beloved Ferdinand the seventh, a prisoner in his dominions. And, we have only lamented, that, separated as we are by an immense ocean from the scene of action, we have no opportunity of contributing our personal aid, to bring so just a cause to a glorious and successful 1SSule. In those effusions of loyalty, to which every bosom gave loose, amid the solemn ceremony of the proclamation, we may congratulate ourselves on having furnished an unequivocal testimony, that we are the same people, the same devoted subjects of the king, with those who now actually tread the illustrious soil of Spain, and who, animated only by one wish and by one view, and united by the most just and sacred bonds, steadfastly pursue the single purpose of rescuing their august and beloved sovereign, and upholding him on his throne, surrounded with a splendour and glory, worthy of Spain and her generous inhabitants,<-a splendour, which nothing but a long series of adversities could in any manner have obscured. Such are the sentiments, such are the sincere desires, which universally possess the subjects of his majesty in the Philippine Islands. And, although it is not in our power to march in person to the relief of the metropolis, there yet remain to us two methods of contributing to the success of the sacred cause. The one is, generously to lay open all the means at our disposal, with the view of assisting and relieving the wants, which aie inseparable from great military undertakings : the other, carefully to preserve among us that unanimity, so essential to the great end in view, and to be more than

« 이전계속 »