The Archive · 1923

An Indian Charged with Murder

Tragedy of the Macedonia:

Accased Man on Trial at Supreme Court The trial opened before his Honow: Judge Grain and a jwy at H. M.. Supreme Court on; Monday of Shagaman S. K. Hoosren, a young Indian of striking appearance, who is charged with murdering Shadoo Currim on August 30 in the foc'sle head of the P.& O. S. Macedonia between Kobe and Shanghai.

Counsel in the case are: Mr. H. P. Wilkinson (Crown Advocate) and Mr. C. Mansell Reece, for the Crown; Mr. R.*G. McDonald for the defence. The juryman are Mr. L. Garner, Mr. 8. H. Noxon Mr. C. FE. Shepherd. Mr. F. P. Tomlin, Mr. A. E. Green, Mr. 8. McNaughton Butter, Mr. C. W. Scott, Mr. A. A. White, Mr. C.

M. Wilson, Mr. F. F. Ferris, W. S. Harvey and Mr. E. Pugh.

Before the arraignment of the accused, Mr. McDonald entered a plea that Hoosien was not a British subject, having been born in the Swad district some miles outside the boundary of the North-West Provinces, and was therefore not amenable to the jurisdiction. Counsel asked permission to call the prisoner to give evidence as to this matter before he was told to plead to the general issue.

The Crown Advocate submitted that the man did come within the jurisdiction of the Court. Under Art. 3 of the Order in Council of 1904, a British subject included a British protected person, that was to say a person-in a Protectorate or who enjoyed his Majesty's protection in China. The Swad district came within the jurisdiction of the Agent for the North-West Provinces. That district was not part of an independent state. The only possible plea of the defence in this connexion would be proof that, the prisoner belonged to Afghanistan.

The accused man, giving evidence on this point, said he was born in Swad, which was a big: country, four days march from Peshawar northwards. His native place was Sarcenay.

"Th view of what tha prisoner says," Mr. McDonald interposed,

Text read from the printed page and cleaned; old type leaves the occasional error.

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