Publications, Newspaper Cuttings, Photographs and Correspondence about Persia and the Persian Gulf [‎294v] (589/879)

NG, APRIL 22, 1903.
€ the soldiers concerned in the case. With re
ference to the wounds on the watchman’s head,
, it was for the Jury to say whether they thought
it probable that all the wounds could have been
caused by the man having fallen against a rock
or the root of a tree. Counsel himself thought that
though one wound of the kind might be caused by a
fall, all three could not have been caused at one and
the same fall. There was circumstantial evidence,
which was also corroborated, that the men who had
gone out shooting that day were soldiers. According
to their own statements, the three soldiers con
cerned in this case had been out shooting on that
day. As regardsKumaroodeen’s first statement,
there was no doubt that he had been in a confused
state of mind at the time he made it, owing to the
wounds he had received. He had himself said that
the statement was wrong in certain particulars,
but that fact should not be taken as vitiating the
general truth of the story.
His Lordship the Chief Justice, in his charge
to the Jury, said that there could be no doubt that
Kumaroodeen had been brought to the Trichi-
nopoly Hospital suffering from a severe gun
shot wound and severe injuries to the head,
and that the three soldiers had been shooting
that day somewhere in the direction of the
Forest Reserve till about 11-30 A. M. That was
admitted by the accused himself and it was for
the Jury to attach what weight they liked to that
statement. From an examination of the evidence of
Kumaroodeen, His Lordship said that they had
no evidence of identification of Private Lane in the
ordinary acceptation of the term, and if the case
stopped with the fact that there was no evidence
of Kumoorudeen identifying Private Lane, it might
be suggested that the prosecution story had broken
down. But the case did not stop there. It was
admitted by Private Lane himself that he had
been in the company of Emerson and Dench
that morning, and if the Jury believed the
identification by Kumaroodeen of Emerson and
Dench as true, then it would go a long
way to show that the third man was Private Lane.
But, of course, this would follow only if they be
lieved in the identification of the other two. His
Lordship stated also that as yet no tribunal had
found that Kumaroodeen had failed in identifying
the accused. There could be no doubt that the evi
dence of Kumaroodeen in regard to the alleged inci
dents was extremely confused,but that was no reason
why the Jurv should hold that it was necessarily
evidence which they could not wholly rely upon. In
this Court for the first time Kumaroodeen stated
that the accused had been aiming at a dove with a
gun. If that was so, it would naturally occur to one to
ask why the accused should have instigated another
man to shoot instead of shooting the man himself.
Referring to the statement made by Kumaroodeen
o the Sub-Magistrate on that day, His Lordship
aid that though he had been in extremis, there was
vidence to show that he had been in full posses ion
f his faculties. That statement was authenticated
y the Sub-Magistrate and confirmed by him later
»efore the District Magistrate. In this statement it
vas recorded that Kumaroodeen had stated that the
nan who had shot him was the man who had
.iso struck him on the head with the butt end of
is gun. This story was changed before the
District Court to the story told in this Court,
riz., that it was (the accused who had induced
he other man to shoot and then himself (accused)
struck the accused on the head. But it was for
the Jury to say which of the two stories they
were prepared to believe. Taking Kumaroo-
deen’s evidence as a‘whole, it was for the Jury to
believe whether his condition had been such that
he could have identified the accused with such cer
tainty as to justify them in convicting the man.
His Lordship did not suggest that Kumaroodeen
was wilfully giving false evidence to secure the
conviction of the accused. He had been severely
wounded by a gun shot for which somebody richly
deserved punishment. But what the Jury was
concerned with was whether the evidence was suffi-
zient to convict the man in the dock. His Lordship
then explained the law relating to the several
ndictments.
The Jury retired at 2-20 P.M. to consider their
verdict.
The Jury returned at 3 P.M. with a verdict of not
guilty against the prisoner on all counts, and he was
cquitted and discharged.
SESSIONS COURT OF TANJORE.
(Before Mr. D. P. Oldfield.)
Abduction by an Emigration Agent.
(From our oxen Correspondent.)
Tanjore, 20th April.— In the case in which P.
. Subramania Pillai, an emigration agent and
lunicipal Councillor in Negapatam, is being
rosecuted for abducting three married women
om Cuddalore, the arguments on behalf of the
afence were heard to-day.
Mr. T. Richmond, on behalf of the accused,
id that the main question to be considered
as whether the girls left Cuddalore with the
ea of going to Penang as coolies A term used to describe labourers from a number of Asian countries, now considered derogatory. or whether
ey were abducted for immoral purposes. The
‘idence on that branch of the case strongly
pported the view that the idea of emigration
is present in their minds when they started
om Cuddalore. They, however, denied it in
is Court, to suit the purposes of the prosecu-
□n. On the other hand, the conversation at
uddalore about the dollars, their desire to be
lipped off before the arrival of their husbands, the
ention of medical examination to the girls after
leir arrival at Negapatam and of the difficulty of
others with infants in arms being passed, and
le request of the women not to be separated
om one another, the questions put to them
bout their names, occupations and villages,
ad the information given to them about the
inns of their service—all showed that the
omen knew that they were being taken to
egapatam and detained at the shed for purposes of
ngration.The taking of the women to the accused’s
use at midnight was all a myth, judging from
eir wrong description of it. Nor was there any
nfinement at the Keevalore Shanan's house as, as
served by the Judge, it was a physical imp ssibi-
y that a Shanar’s house could be situated within
yard of a Hindu temple. The evidence of the
•men, teeming with palpably inconsistent stories
d unsupported by any independent corroborative
deuce, should be received with great caution,
rning next to the evidence of the three husbands
1 the part played by them in this case, Counsel
erved that, possibly, the pro-note was taken, in
luneration for his own services, by Raju, whom
Sea Customs Superintendent had deputed
issist the husbands in recovering their wives,
ugh his deputing Raju was now denied by the
perintendent, who was dancing to the tune
he Police, who would probably otherwise impli-
e him for hushing up an abduction.. Accused,
i Recruiting Agent, had no pecuniary interest
he matter, asall pecuniary loss on account of the
uitment of coolies A term used to describe labourers from a number of Asian countries, now considered derogatory. changing their minds had
e borne by the Recruiter, according to the evi-
ce of Dr. Foster. Next as regards the telegram
u Velan at Cuddalore to accused at Negapatam,
ut hiding the women Counsel maintained
; it hardly proved any conspiracy between them,
roused had really been acting in pursuance of
conspiracy, he could be credited with intelli-
e enough to hide them without a wire fromVelan.
ling next to the so-called absconding of the
sed, Counsel complained that the proclamation
the attachment of his property was all made
i a view to prejudice him in his trial. Accused
absent from the town, and as soon as accused’s
hers came to knew of these proceedings they
municated the state of things to him and he
endered himself on the 24th to the Joint Magis-
>. Mr. Richmond finally observed that the
ry of “ illicit traffic in girls” had seized the
ials of the District and the Government took
p and sent down Mr. Powell to prosecute this
They were fighting a shadow.
after making some further observations on the
evidence of the case, proceeded to discuss the law-
bearing on the charges.
A discussion then followed between the Judge
and Counsel as to the retention of the charge under
Section 498, as no complaint had been made by the
husbands to any Tanjore Magistrate of which the
Sessions Court could take cognisance. His Honour
was, therefore, of opinion that the charge was unsus
tainable. As regards the charge under Section 420,
that concerned the husbands of the women, as they
were cheated out of their Rs. 30. The Judge, in
inviting the opinion of the Assessors pointed
out to them that the charge under Section 498
could not stand in the absence of a complaint
by the husbands to a Magistrate of this District.
As regards the offence of cheating, they ought to
consider whether the pretence made was sufficient
to make the husbinds part with their money.
In reply to an enquiry by the Assessors as to who
sent the intercepted telegram to the District
Magistrate, the Judge said there was no evidence
about it ; and if any inference favourable to the
accused could be drawn from it, he should have the
benefit of it.
The Assessors, after retiring, returned with the
verdict that the accused was not guilty on any of
the counts.
The Judgment of the Court will be delivered on
Monday next.
The Darjeeling Soldier’s Case.
The Result of the Appeal.
Their Lordships Justices Harington and Brett, of
Calcutta,delivered judgment on the 18th instant, in
the case of Private Peter Moghan, which was re
ferred by the Deputy Commissioner of Darjeeling,
under sections 448 and 352 of the Indian Penal
Code, for enhancement of the sentence passed upon
the accused. The facts of the case are that
while three women were drinking tea in a
room, the accused forced his way into it, caught
hold of one of the women, and threw her down. The
other two women, seeing this, ran out and informed
the Police. In the course of the scuffle the woman
received a black eye.
The judgment then went on to state :—Now
these facts indicate to us rather the appearance
of a drunken brawl than any real intention to
commit rape on the woman, although acts of at
tempted indecency are spoken of when the women
were examined by the Deputy Commissioner.
No complaint of indecency was made in the
Court of the trying Magistrate or to the Police when
the Police came to take the man to the Thannah,
and moreover the Policeman, who saw what took
place outside the hut, says that he did not see any
attempt to meddle with the clothes of the woman
who was the subject of the assault. If a new trial
were ordered, we do not think that conviction can
safely be had on allegation of acts indicating an in
tention to ravish, which wore not complained of in
the first instance, and which were never mentioned
until the Deputy Commissioner recalled the women
for a further examination. We think, therefore,
that from the materials before us, we ought not to
order a re-trial. Then as to the sentence for tres
pass and assault, we are inclined to think that the
sentence of three weeks’ imprisonment, which has
been passed in default of fine, might properly have
been passed without giving the accused person the
option of paying the fine. But we understand that
the fine represents to the accuse I person about a
month’s pay, and that does not measure the conse
quences of the punishment inflicted, because inflic
tion of punishment upon him deprived him for a
year of the power of wearing his good conduct
stripe, and, secondly, it entails loss of the entire
pay which he would otherwise have been entitled
to as wearer of a good conduct stripe. In the re
sult, therefore, we are not prepared to say that the
sentence of fine for the act of trespass and assault
is so inadequate as to call for interference. The
result, therefore, is that the rule must be discharged.
The Moat Farm Tragedy.
STARTLING EVIDENCE.
The Disappearance of a LADY.
At Saffron Walden, on the 27th ultimo, Samuel
Dougal was charged on remand with forging a cheque
in the name of Miss Camille Holland. Counsel for
the prosecution, in opening the case, said that the
prisoner, who was a married man, in 1898 made the
acquaintance of Miss Holland, who possessed over
£6,000, and lived with her in various places. Even
tually Miss Holland purchased the Moat Farm,
near Saffron Walden, and the two settled there in
April, 1899. In a few weeks Miss Holland disappear
ed, and the prisoner had since continued to live at
the farm, and by means of cheques professing to be
signed by Miss Holland and other documents had
obtained the money belonging to that lady.
Evidence in support of the charge was proceeding
when the prisoner was further remanded.
Miss Holland’s Signature.
Samuel Herbert Dougal, of the Moat Farm, Cla
vering, was again charged at Saffron Walden, on the
2nd instant, with forging cheques purporting to be
drawn by Miss Camille Holland, a lady with whom
prisoner had lived, and who is now missing.
The prisoner was brought from Cambridge by
train and the Court was crowded by rustics
desirous of hearing the evidence. A consider
able number of women and girls were present
in the Court. Mr. Pearce again appeared for the
Treasury. The prisoner appeared calm and self-
possessed as usual.
The first witness, Mr. Ashwin, from the Picca
dilly branch of the National Provincial Bank, gave-
evidence respecting the various cheques drawn from
MissHolland's account. The cheques drawn in favour
of Dougal were paid into his account at the Birkbeck
Bank. Miss Holland last visited the Bank in Septem-
ber, 1898. A letter was received from Miss Holland
in May, 1899, asking for a cheque book. The book
was sent to Moat Farm. Sometime later a cheque
was received by post for £25, asking that the money
might be sent to Dougal. The signature was not
satisfactory, and a letter was sent to Miss Holland
respecting it. A reply was received from Moat
Farm attributing the discrepancy in the writing to
a sprained hand.
In cross-examination Mr. Ashwin expressed the
view that the signature to the cheque in respect of
which the charge of forgery was preferred was
actually in Miss Holland’s handwriting. The wit
ness held the same opinion in regard to various
other documents which in the course of the case
have been alleged by the prosecution to be fraudu
lent, adding that the lady's signatures were not
exactly alike.
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Sort St. George Gazette.
Tuesday Evening, 21st April, 1903.
NJORE,21st April.—The arguments on behalf of
Drown were heard to day.
r. E. B. Powell, Public Prosecutor, said that
first question which had to be determined was
her these women, when they left Cuddalore,
anted to emigrate. From the first, they had
red to their statements that they were induced
ave under promises that they would be pro-
1 with rich husbands at Negapatam. What-
the words " rich husbands” might mean,
patam was to be the terminus of their journey,
ourse, their conduct in leaving their husbands
I not be defended, but they did not leave for
urpose of indulging in immorality. It was not
sted that they misbehaved themselves in
patam ; their conduct from first to last showed
1o suggestion of emigration was made to t hem
they were induced to leave Cuddalore and
hey never had any intention of emigrating,
i they arrived at Negapatam and saw
eople with whom they were to be herded,
disinclination to proceed to sea grew stroncer.
> was not an iota of evidence to contradict their
nents. Velan, who was not only accused’s re-
r, but clearly one of his creatures, could have
called to prove the fact, if fact it was, that
omen had agreed to emigrate. The question
ot whether there were discrepancies in the
ice, but whether the three women gave a
and consistent story, and about that
could be no doubt whatever as the
ed discrepancies produced against them
from their evidence in the Cuddalore
ns Court where Velan and not accused was
trial and where the case was different. It
t denied that they were sent off by train to
akam, which was 9 miles from their houses,
lot from Cuddalore, which was only half
The object of it was certainly concealment,
st the positive evidence of the girls that they
sed their desire to return to their husbands,
had the evidence of people who, as recuri-
der accused or as servants of the Negapatam
ipality of which he was member were in-
d in him, either on his own account personally
he instance of the Municipal Chairman who
en taking an interest in the matter to the
of ordering the overseer of the Municipality
:e a plan of the scene of the offence as accused
like to have it. The question was which
witnesses were to be believed, the girls who
ind told their story at once or the creatures
pendents of the accused who first remember-
e events three months afterwards. The
nment had undertaken this prosecution
le protection of women in this country,
lost curious part of the defence in this case
.hat no reason was shown as to why the
n and their husbands should tell a false
against the accused. The Public Prosecutor,
(Supplementary )
Public Department-
Murdoch. Mr. D. D., I C.S., privilege leave for
two months and nine days from date of relief by
Mr. P.S.P. Rice, and furlough for three months
and twenty-one days.
Ootacamund, April 21, 1903.
Muhammad Aziz-ud-din Husain Sahib Bahadur,
Khan Sahib, to act as Collector and Magistrate
of the District, Anantapur, during the absence of
Mr. Muhammad Razh Khan on leave or until
further orders.
Cowie, Mr. Donald William Garden,on return from
leave, to act as Collector and Magistrate of the
District, Bellary.
Rice, Mr. Percival Stanley Pitcairn,to act as Collec
tor and Magistrate of the District, South Canara.
Maciver, Mr. Stewart William Graham Iver, on
return from leave, to act as Collector of Sea
Customs and of the Madras District, Protector
of Emigrants, Superintendent of Stamps and
Stationery, and Chairman, Harbour Trust Board,
during the absence of Mr. J. Twigg on privilege
leave or until further orders.
Registration Department.
Sundara Sastri, Mr. B.C., Registrar of Assurances,
Ganjam District, extension of furlough for six
days.
Judicial Department.
Ootacamund. April 17, 1902.
Subrahmanya Aiyar, Mr. V.—His Excellency the
Governor in Cowncil is pleased to appoint Mr.
V. Subrahmanya Aiyar, to be a Special Magis
trate for the town of Trichinopoly, in the District
of Trichinopoly.
The undermentioned officer has been granted
privilege leave on half salary :—
Swaminatha Aiyar, Mr. V., District Munsiff of
Poonamallee, for one month from the 7th April,
1903.
Ecclesiastical Department.
Molesworth, The Rev. T. C. U., Junior Chaplain,
Madras Establishment, extension of leave on
medical certificate for six months.
Forest Department.
Ootacamund, April 16, 1903.
Thornton, Mr. C. Du Pie. Deputy Conservator of
Forests, is granted privilege leave for two months
and eighteen days with effect from 26th March,
1903, and in continuation thereof furlough with
out medical certificate for five months.
Maduranayagam Pll’ai, Mr. C. M., Extra Assis
tant Conservator of Forests, to act as District
Forest Officer, North Arcot, vice Mr. C. D. P.
Thornton, on leave or until further orders.
Sheik Rahimatullah Sahib, Mr.—The one month’s
leave on loss of pay granted to Sheik Rahimatul
lah Sahib, Ranger, Kistna District, is extended
by a fortnight.
Lasrado, Mr. G. S., Ranger, 5th grade, North
Malabar, is granted privilege leave for six weeks
in continuation of the Easter holidays.
Survey Department.
Kuppusawmi Naidu, Mr. R.—His Excellency the
Governor in Council is pleased to appoint Mr.
R. Kuppusawmi Naidu, Acting Sub-Assistant,
Madras Survey, to be a Survey Officer under the
Act.
Educational Department.
Janakirama Aiyar, Mr. T.—The privilege leave
granted to Mr. T. Janakirama Aiyar, Sub-
Assistant Inspector of Schools, Trichinopoly
Girls’ Range, is extended by thirteen days.
Gov.
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The Bagdad Railway Question.
ONCE MORE COMES NEWS OF THE FORMA-
tion of a Company to construct the Bagdad
Railway, that " hoary enigma,"—if we may
borrow the expression the Viceroy once used
with reference to the Madras Harbour,—of
the Middle East. According to Reuter the Im
perial Ottoman Bagdad Railway Company has
been formally constituted at Constantinople
with a nominal capital of 30,000,000 francs.
; One of the Managers of the Deutsche Bank is
1 to be the President; the administrator of the
Ottoman Bank in Paris is to be Vice-Pre-
2 sident; while the Directorate, we were first
J told, was to consist of nine Germans, seven
d French, two Swiss and one Austrian, and
2 subsequently it was announced that three
English Directors had been already chosen
N and that more were to be appointed.
N The conditions of the participation of British
‘ capital are not yet definitely settled, but ac-
" cording to the statement of Mr. Balfour,
which was telegraphed from Home a few
daysago, it is understood that the suggestions
) to be made are that British capital and
control are to be on an equality with those
of any other Power; (we have since been
informed that France and Germany will
participate equally with England in the con
trol of the Railway); that Great Britain will
consent to a reasonable increase in the Turk-
| ish Customs, though a portion of the pro
ceeds will be devoted to the Bagdad Railway ;
that if the railway prove a better route,
it may be used for the Indian Mails ; and
that Britain will use its good offices to
provide a terminus at or near Koweit.
Undoubtedly, said Mr Balfour, the Gov
ernment must come to a decision with
out delay; but this is what they have been
trying to do ever since 1835. Such a deci
sion will be gladly received by all sections
of the community even if at present it is
impossible, as the Prime Minister said, to
give a forecast thereof.
The Home papers, generally, have wel
comed Mr. Balfour’s speech, and they have
urged upon the Government not to lose
the “ privileged monopoly position” of Great
Britain in the Gulf. Public opinion in
England, however, is against the Govern
ment assenting to an increase of the
Turkish Customs as a guarantee for the
loan, or of allowing Koweit to become the
Southern terminus; and a still more recent
telegram states that the feeling in England
against British participation in the Bagdad
Railway is remarkably strong and increasing
daily. Still we prefer to think with Mr.
Balfour that as it is impossible to prevent
i the construction of the railway, it would be
1 foolish to allow a railway which is the
• shortest route to India to be entirely
financed by foreign countries.
The British people had to decide, conti-
from Ismailia to Koweit, under agreement
with the Emir of Nejd, and through territory
with which neither France nor the Porte had
any concern. Too little water and too much
sand is said to have quashed that scheme, |
not to mention the vital question of policing .
500 miles of railway line exposed to lawless '
hordes and bandits.
Such are the most important schemes i
which have been proposed during the last
70 years. Even till 20 years ago we had
pretty well the monopoly of this trans-
continental route between Europe and Asia
had we only gone through with it. But the
situation has, unfortunately, now quite
changed, and we shall be lucky if we can
share control with two other European '
Powers.
Under the aegis of the new Company the
section of the line which will first be con
structed will be from Konia, the terminus of
the present Anatolian Railway to Eregli.
Thence it will run to Iskanderoon and from
there via Aleppo and Anah to Bagdad ; and
thence, if as is alleged England has acquies
ced, to Basra and Koweit. The advantage
which this line would have as the quickest
route for Mails and passengers between
Europe and India has been variously esti
mated. The Times of India, however, points
out that measurements and maps are often ]
very misleading in matters of this kind, and t
considers that sooner than lose the Mail con- 1
tract the P.| and O. Company will undertake ‘
to reduce the period of transmission by at 1
least 48 hours, and that then there
will not be much to choose between tho :
present route and the Bagdad Railway.
Moreover, continues our contemporary, “ the "
Gulf route will probably not attract many '
Anglo-Indian passengers, at any rate on
the homeward journey, nor can it possibly
compete with the Canal for the carriage of
heavy merchandise. The prospect of linking
up the Bagdad line with Indian railways
cannot be realised for many years to
come ; and it must always be remembered
that the connecting link must run through i
Central Persia, as there is no practicable
alignment along the shores of the Gulf.”
Be this as it may, if it effects a reduction
of even 48 hours in the time taken by the
Mails between London and India, the Bagdad,
Railway will be welcomed in this country as
a boon, and if it also has the effect of
making the P. and O. Company revise its pas- ;
senger rates between the two countries the
popularity of the scheme will be doubly ‘
assured. A little healthy competition in this
matter is just what is wanted.
Some Anglo-Indian Stories.
Most of us, in the course of our Indian
pilgrimage, have come across amateurs of the
long bow, people with a natural gift for fic
tion who desire, like certain boys at school,
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