The accused said that he was in the 58th Punjabis stationed at Malta Jeading up to the affair on the night in question. He said that accused attacked him from behind and endeavoured to seize his pistol. There was a struggle in the course of which the deceased clutched him by the throat. On the other side of the grille there were some fifteen Chinese passengers watching the affair and he was of the opinion that deceased was-in league with pirates. As a last resort accused fired three shots and deceased fell. Accused then reported the matter to the sergeant of the guard and to the captain when the latter was called, He had previously been in an attempted piracy whilst on another ship and knew the desperate character of such men.
Under tow his story. Re-examined, that he thought his own life and those of the officers and passengers were in danger.
The Crown Advocate reviewed the evidence and stressed that it was extraordinary that no one had heard the struggle, which, according to the accused's story, had occupied some ten minutes. The first intima tion that anything was wrong was the sound of the three shots, The Summing Up Mr. Wing said that the accused was @ man of unblemished character; his superior officers had all spoken well of him. It had beet the accused who had given the first notice of the shooting and he had not in any way tried to hide himself. Regarding the—_noist caused by the struggle, counsel said that one well knew of the noise created by the machinery of fa ship arid this alleyway wa side the engine room. He mitted that it was not surprising: that those sleeping in the immediate vicinity had not been aroused by the struggle. Counsel further submitted that accused had only done his duty. It was a painful duty, but nevertheless a necessary duty. Accused believed that his life and the lives of the ships officers and passengers were in immediate danger and acted in the only way possible under the circumstances. In conclusion, course] asked the jury to find that the accused took perfectly right point of view that an attempt had been made to seize the ship.
His Lordship briefly reviewed the and said that the Crown satisfy the jury beyond all able doubt that the accused was guilty of the crime with which he was charged. Had the Crown done that? The jury must consider whether the evidence was sufficient to convict the accused of murder. The question was: what did the accused consider the deceased was? i Did he think that the deceased 'a man endangering the lives of himself and others? No moti had been suggested, neither w: there any suggestion of any quarrel between the accused and the deceased. Indeed, there was little suggestion that they even knew ead other. It was possible that deceased was in league with others in an attempt to seize the ship-'The evidence of the accused shoul: be given as much consideration as that of the witnesses for the prosection. The accused had kept to his story. He had never deviated in any way from the story which he had told to the captain and to the learned Magistrate. He had not refused to speak at the trial in the lower Court and then later Taunch into a complicated defence. The jury must consider whether the evidence was sufficient to conviet the accused of murder, The jury then retired and returned with a verdict of "not guilty."
His Lordship then remarked that he quite agreed with the verdict. Tt_would have been very unsafe to find the accused guilty, but at the same time it was very proper of the Crown to bring the case before the Court. The juryman would be exempted for two years and the Court and prisoner were very indebted to Mr. Wing for conducting the defence."
Text read from the printed page and cleaned; old type leaves the occasional error.