JOHN EWING'S CASE.

Mount Ida Chronicle, Volume III, Issue 175, 12 July 1872, Page 5

JOHN EWING'S CASE.

Tuesday, July 9th. John Ewing who was committed at the last Crim'nal Sittings of the Court, on the charge of shooting a Chinaman, with intent to do grievous bodily harm, and who had also been released on hail, now came forward to receive sentence.

Mr. Stout, connsel for the accused, reminded His Honour that witnesses as to character were called at the trial, otherwise they would have been called now ; also, that the jury recommended Ewing to mercy. In reply to the usual question, Ewing said he had nothing to say why the sentence of the Court should not he passed upon him, hut he wished to make a few remarks in mitigation of the severe punishment m hich was usually inflicted in such cases. He came to this Colony when quite a youth, ten years ago and be has siace been engaged in mining pursuits. He had worked in one neighborhood for eight years. His claim was situated in a very lonely spot. It was moonlight when the offence was committed, and he never dreamt that Chinamen would attempt to commit a robbery on a moonlight night. When the alarm was raised, he seized a gun and fired (the gun usually being in pos ession of the man who watched at the claim), he , was under the impression that there was a number of Chinamen near, and that the man who was watching was in danger. His Honor: I have no reason whatever to doubt the truth of your statement. I daresay that, encouraged by previous prejudices, your .animosity against Chinamen In general may have been excited by the pilfering habits of the persons about you, and there appears to be no doubt that this particular Chinaman has b: en guilty of pilfering, because he had been convicted by the Magi trate. Therefore lam disposed to believe every word that you say; but you must be aware that you are* not entitled to take the law nto jour own hands. It was d : ybreak, and you had time to look around you. Leonard, acting alone, found his own strength sufficient to bind the Chinaman, and that at the moment you fired the Chinaman was partial y bound. You were two to one; there was no necessity,for firing. The jury have recommended you to mercy, which recommendation I treat with respect. The other circumstance in your favor is that you acted suddenly —you'appear-to have fired in a moment of • excitement, almost immediately after emerging from your house or hut; but tis a very wise part of our law, that when Chinamen come into the country, they, liae others, are liable to the laws of the country ; if, therefore, they commit an offence, they are punished—and, as a compensation, they are protected by the law, of which fact you, an intelligent, and, lam bound to say, a respectable, man, must ha ve been aware. Chinamen are entitled to the same projection which the law grants to any other of her Majesty's subjects. Ido not intend to inflict a heavy punishment, but it is~ necessary that the law should be vindicated. The sentence of the Court is, that you be imprisoned and kept to hard labor for a period of eighteen months. That means twelve months, as you are aware.