The Archive · 1927

SAX, BT AL In the U, 8. Court for Chin on

Tueslay before Judce Purdy, three American sailors, David John Sax, Roscoe Conklin" MeClatchey and Luby Sanders Harper, were charged with havieig robbed Basilio Antonio that the watch was in Harper's possession until the latter had showed it to him a few yards away from the happening with the words "Look what I've got." Sax, the defendant on trial, was describe. Jus having been "under the weather Jat the time of this occurrence as da Cruz and Junio da. Silva, both were the other sailors, though all Fortuaveae dizens, "on the night knew petty well whal_ war sains summon the police, after da Graz had told him he had been robbed by the sailors. When the bluejackets had been stopped by and just before the police arrived they had all three lifted up their arms and said "You can search me I didn't rob anyone," without his having asked them whether they had been robbing anyone, The fourth man, a little farther on down the path had said he did not belong to the other three. About "20° or 30 people had gathered outside the gate by this time and after Mr. da Cruz land witness had returned from_a inside the gardens to look for the watch and money some sailors in the crowd outside had jeered at them with the words "Anyhow, one lof them got away." Witness' s that Mr. da Cruz had previously appealed to two American marines} jin uniform standing in the gardens lout that they had not answered him, Motion to Dismiss At this point counsel for the defence moved for dismissal of the Jease against Sax which the court} lover-ruled, and the defendant, Dat Sax, aged 18 and a fireman, Srd class on the Pittsburgh wus called ro the witness stand. His story was that he had been drinking] heavily. He had advised the two civilians to shake hands with Harper and MdClatchey as he had been afraid that a row would be caused it they were refused their request. Later he in company with the fourth sailor had moved off to a bench] near by where he had overheard the request for $10. Nothing more had been heard, the witness. said, and Jo few minutes later he had crept Joack behind the bushes skirting the bench to see the two on the bench, Later he had joined up with them to leave the garden, Lieutenant Ferguson, of the U. 8. Marine Corps, in charge of the marine guard on board the Pittsluureh, gave evidence next relat to the good record of all three men, Jand after this, the counsel for the} Jdefence in subsequent argument] moved the court to dismiss the case Jagainst Sax on grounds of me suicient evidence to convict him of robbery.

His Honour said that he was not going to pass sentence at the hearting and that he would remand the prisoners to the custody of the] 'American gaol for a day or can't understand," he said, "how x man who has reached the age of discretion, employed in the} U.S. navy with' the advantages afforded by it, would come into a foreign port and create a disturbance of the nature of this charge thought these men were guilty Jof premeditation in this it would of feourse be an extremely serious offence. That they should come i to court with 90 nonchalant ner without any apparent shame and wit that they did this und then fatter the crime that they threw able. defendant everything that took place from the moment of the introduction to the} arrival of the police. I can't escape te conviction that Sax ix just guilty ax these other men.

Passage of sentence was deferred for a day or iyo Certain other claims and counter-claims, it was indicated, would. be agreed upon outside of court.

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

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