The Evening Star. TUESDAY, JULY 16, 1872.

Evening Star, Issue 2935, 16 July 1872, Page 2

The Evening Star. TUESDAY, JULY 16, 1872.

The case of John Ewing, who was convicted for wounding a at St. Bathans, is deservedly causing mudi discussion, especially in the goldfields districts. The short facts of the case, as elicited on the trial, are that Ewing had a good claim in the &t. Bathans district which had begun to pay him. While, however, ho began to reap some of the reward of his industry, a series of robberies from his tail-race commenced that were incapable of detection. The police watched ; other claimholders watched; and he had to employ men to watch ; but without any result. There were certain Chinamen in the vicinity suspected, but no clue to the robbers could be found. One Saturday night, a miner named Leonard was set to watch, Ewing sleeping with a loaded gun beside him in a hut near by. Just about dawn he was aroused by cries of “Chinamen !” or, “ Chinamen about!” These proceeded from his watcher, Leonard, who, according to his statement, uttered them in a very excife 1 manner. Ewing at once arose, seized his gun, rushed out of his hut, and seeing a Chinaman—it not being quite light at the time—close to his watcher, and, as he says, apparently struggling with him, fired. The gun was loaded with duck shot, and the Chinaman was wounded in the arm. The police, were then sent for, and Ewing went to the expense of some forty or fifty pounds to fetch a doctor from some distance to attend to the wounded Chinaman. These are the brief facts as related by him, and these were all that he knew when he fired * and had these been all, we believe Ewing would never have been convicted. Two facts, however, have been used against him. They were used, if we remember rightly, in the speech of the Crown Prosecutor at the trial, and in the slimming Up of his Honor the Judge. In passing sentence, also, the Judge alluded to them. They are these : There was only one Chinaman, and there were two Europeans—why then use the gun 1 The other fact is ; —The Chinaman had been partially disabled by having his pigtail fastened to his arm or leg—we forget which. In urging these facts, however, there seems to Us to be overlooked Ewing’s whole defence. It is beyond doubt that lie could not have known the number of Chinamen about. Indeed, the whole surroundings of the case made it extremely probable that there were “ Chinamen ” about. He is told so by his man Leonard : that of itself would have made him believe that Leonard was attacked by more than one. Ewing never could have fancied that he would have been aroused out of his bed by a strong European miner if he had been attacked by only one Chinaman. And had this been all that could have been urged, it would at

once dispose of botli objections. But this is not all. The Chinaman had gone out of his way—he must have been there for an unlawful purpose. The claim was situated, we learn, in a lonely place ; no tracks for wayfarers came near it. Hence Ewing must have felt that it was improbable that one solitary Chinaman would have ventured to come to a claim which he must have known was watched to rob it. It was almost impossible to conceive any robber having such daring. Then again it is urged, but the Chinaman ■was partially tied. This also Ewing at that time of morning could not have distinctly seen, and it was a thing he could not possibly conceive, seeing that he had been aroused and alarmed by his watcher, shouting “ Chinamen,” or “ Chinamen about.” Was it at all probable that Leonard would have aroused his employer had there been only one Chinaman to be bound ? Lenoard himself stated that he was excited, and from the cries the Chinaman was uttering imagined that he was calling for assistance, hence his arousal of his master. We think that therefore the two facts urged against Ewing cannot be fairly used against him. What then should be done 1 It is clear from the petitions from Dunedin and from the up-country districts, that the vast majority think that he should be released, and we concur with the opinions expressed. We do so independently altogether of the vexed question of Chinese immigration to our goldfields. We have often defended the Chinese, and we shall defend them again. They have a light to demand equal privileges with Europeans, but no more. Indeed, we believe that had Ewing shot a European he would have been acquitted. There is a feeling in the Anglo-Saxon race that they should always defend the weak. This feeling accounts for a great deal of the sympathy sbpwn with the Confederates States in the civil war in America. It also explains the sudden and to all not acquainted with English character, the unexpected revulsion of feeling in the

lute Franco-German war. At first all were in favor of Germany, but when the French were defeated the majority sympathised with them. Besides this feeling of the duty to defend the weak, there is also amongst our settlers a feeling that miners illtreat Chinamen; and no doubt a recalling of some of the scenes in Victoria fifteen years ago would prove that the European miners have often illtreated their celestial competitors. Against Ewing there were those two strong feelings we have named. Indeed in passing sentence His Honor almost gives utterance to them. He complained that they “ were two to one,” and said Chinamen must be protected as well as Europeans. There is danger, however, of carrying out both these feelings too far. Ewing was attacking a robber in the middle of the night. If one places himself in danger, he must expect to meet with less regard than he who conducts himself properly. Besides, surely it is not-just to punish Ewing because some Europeans have illtreated or may illtreat more Chinamen 1 Indeed we urge the Governor to pardon Ewing, because of the injury that will he inflicted on the Chinese themselves. There is no war worse than that ot race ; but Jet there exist a cause of irritation betwixt two races, and the weaker will and must suffer. If Ewing is nnpardoned, the European miner will believe, and not without some show of reason, that the Government are favoring the Chinese at their expense, and the result will be calamitous. Once let an Anti-Chinese agitation be commenced, and we shall, we fear, have to sully our pages with records of cruelty as bad as the annals of Victoria can show. Ewing has been .already severely punished. He has been punished in many ways ; he has been nigh ruined; his claim injured ; his savings expended in his defence ; and, with the judgment of-the Court hanging over him, his anxiety and unrest must have been very great. Taking, then, all the circumstances into consideration, we agree with the numerous petitioners who urge that this is a case in which the Governor ought to exercise his prerogative of pardon.