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 pri soner. 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 draw bridge, in order to get a new regimental cap made for the celebration of the mussulman's hol pays, 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, he 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 hospital, and having surrendered, was confirmed by one of the superior 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 defended 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 deter mined 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 compe tent 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 remained 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 th 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 complaint, 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. PENANG, 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 WALES'S ISLAND 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 Decernber, 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 had 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 could 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 lowing 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, how ever, 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, 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 Tappanooly,) 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 ISLAND Occurrences for May. PENANG, May 2.-The following proclamation was published at Manilla in the month of February last. DECLARATION OF THE PHILIPPINES. To the inhabitants of the Philip pines. 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 atchieved in so admirable a manner, and almost at the same instant, for the chastisement and expulsion of an enemy, dued, by force of arms, the whole who already thought that he had subtains our beloved Ferdinand the secountry of Spain, and who still d venth, a prisoner in his dominions. And, we have only lamented, that, separated as we are by an immense have no opportunity of contributing ocean from the scene of action, we our personal aid, to bring so just a issue. cause to a glorious and successful In those effusions of loyalty, to which every bosom gave loose, amid the solemn ceremony of the proclamation, we may congratulate ourselves testimony, that we are the same peoon having furnished an unequivocal ple, 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 just and sacred bonds, steadfastly purby one view, and united by the most sue 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 nocould in any manner have obscured. thing but a long series of adversities the sincere desires, which universally Such are the sentiments, such are in the Philippine Islands. possess the subjects of his majesty though it is not in our power to march And, allis, there yet remain to us two methods in person to the relief of the metropoof contributing to the success of the sacred cause. ly to lay open all the means at our dis The one is, generousposal, with the view of assisting and relieving the wants, which are insepathe other, carefully to preserve among rable from great military undertakings: great end in view, and to be more than us that unanimity, so essential to the ever vigilant in the maintenance of good order and justice in this happy soil. So, may we say to our beloved Ferdinand the seventh; " Sire;-the inhabitants of the Philippine Islands have deplored, with bitter sorrow, the calamities which have afflicted your majesty. But, at the same time, while your majesty has never been one instant absent from their hearts, they have forgot their grief, in the confidence, that the great and generous nation of Spain have known how to beat down, to confound, and to extinguish the perfidy and colossal power of our enemies. The Philippine Islands have never ceased to observe the laws of concord, regularity, and justice; in order that, when your majesty shall return to the bosom of your beloved country, your majesty may know, what fidelity, loyalty, and affection, are to be found in this valuable portion of your dominions.” What a delightful spectacle it is to behold all the orders of the state united together in sentiments so loyal! The government itself,-the superior and inferior tribunals,-the ministers of the altar, the numerous bands of the army,-every individual, in fine, down to the meanest native of these territories, joins in common voice of acclamation, and, with sincerity of heart, offers up incessant prayers to heaven, that his dear and beloved king, Don Ferdinand the seventh, may be blessed with many and happy years, for the welfare and glory of the Spanish monarchy. MARIANO FERNANDEZ Manilla, Feb. 14, 1809. Occurrences for October. Extract of a letter from Malacca, Sept. 22, received per Mornington. "The market for opium in this quarter is at a stand, owing to the nonarrival of the Bouggiese prows. A late unfortunate occurrence has had the effect of preventing any of these vessels from coming to this port. About a month ago, a fleet of twenty-one Bouggiese prows, on their passage up the straits to this place, fell in with the Piedmontaise frigate, off Mount Formosa. The frigate conceiving from their appearance, that they were pirates, and it is often extremely difficult to distinguish vessels of that description from trading prows, sent her boats armed to attack the fleet of supposed pirates. The Malays, it is said, perceiving the mistake under which they were likely to be attacked, endeavoured to explain that they were not pirates; but traders, peaceably proceeding to Malacca and Penang. They could not make themselves understood, and the attack proceeded. On this, the Malays made a most desperate resistance; determined to sell their lives as dearly as possible, many of them ran amuck; and rushing headlong with their creeses on the Europeans, compelled a number of the seamen to leap over-board. After a smart conflict, unequal from the greater number of Malays who were engaged, the boats were obliged to return to the frigate, the prows made off, and returned to Rhio and Lingin. "In this unfortunate affair we had two seamen killed, five officers, and about 30 seamen severely wounded, some of these are desperately mangled. "The commanding officer of this settlement has dispatched messengers and letters to Rhio, assuring the Raja, that the attack on the fleet of prows, originated entirely in mistake, and inviting them to resort to this port as usual, under the assurance of a cordial reception. The Malays are obstinate, and refuse to visit an English port. Forty prows from different Malavan islands, hearing, upon their arrival at Rhio, of the attack off Formosa, declined continuing their voyage to Penang and Malacca, to which ports they were bound, and they now remain at Rhio. Mr. Keok, a gentleman of this place, possessing much influence with the Malays, has written to the Raja, and principal people at Rhio, in the hope of effecting a reconciliation, so desirable to our commercial interests. |