HORRIBLE MURDER.

Samoa Times and South Sea Gazette, Issue 6, 10 November 1877, Page 2

HORRIBLE MURDER.

TRIAL OF THE ACCUSED. EXECUTION OF THE ACCUSED.

On the night of Saturday, and all day on Sunday last, our usually quiet town was thrown into quite a state of excitement by the knowledge -ortho" fact, that a foul murder had been committed in our very midst. It appears, from what we can learn, that on Saturday night, a number of the residents of the town, and , souie sailors from the vessels in harbor, were having a jollification over a wedding, which had taken place that evening. The whole of these persons got luwe or less intoxicated, and several of them adjourned to the York Hotel. A person named Fox, purporting to be an American citizen, and who latelyarrived here from the Line Islands, entered the York Hotel, with the men. and called for four drinks. He had not been there long before he fell backwards, and almost immediately died, without a murmur, blood was (lowing copiously from the lower part of the , body. The American Consul was sent (■,«•'•,« tt,r> mil,-,!,,,...,! „,,,, !,.,,! ~!„;...„.I

for, as tlie murdered man bad claimed the United States of America to be his country. At daylight on Sunday morning, Dr. Turner was sent for, and examined the body. Suspicion having pointed to one, Charles Cochrane as the culprit, the American Consul at once issued a warrant for his arrest, which was shortly afterwards accomplished. During the early part of the afternoon, a letter, or message was sent to the American Consul, for an order to bury the d< tsed, to which the following reply was made : [COPY.] U. S. Commercial Agency, Apia, November 4th, 1.5.77. William Hknuy, Esq.,— Sip.. I cannot give you an ollieial order to have the remains of Mr. Fox buried, and as to holding an inquest over the body, no such power is conferred upon me by the U. S. Government. I am doing what I can to t'md out if Mr. FoX was killed by Cochrane. I am compelled to pr 1 with caution in this matt t, and will try hi' i on Tu d iv niornin ;, at In o'clock [Nnvomb t i th! Th" (• S laws ii . my pr.".. i 1..- - In , th .M v> |i, an'

not ei . • !i- of the I nit< J State* '■' i j i i tu th« citi/. udup ..t' Mr. Fox, 1 sh i I make cvei y inquiry. I ( undertake an action otfioially on his behalf, up it mere hearsay evidence Tlmj law requires the most positive proof of his eitiz usiiip it !i was a naturali/eJ citizen, I should Iw obliged to see his papers, null ss two respoetame eiifcens of the United States would swear that \ he was entitled to the protection of my Oovernrnent. 1 have, as U, S. Consul, certain criminal and civil jurisdiction, | and my instructions are already laid ] down. The best plan to pursue in regard to the burial, would be, to ask Mr. Parker, |or Mr. Williamson, to kindly assist in i making a collection to defray the. oxpens . 1 am perfectly willing to contribute ! liberally, but I cannot take any active . part myself. lam under the protection of the Samoan Government, and expect i to remain under its protection until 1 am I relieve 1 of my duties as Consul. In I such unfortunate cas -. as the murder of j ! Mr. Fox, 1 am instruct -1 by the U. H. ' G ivi i-nment to, tirst iind out whether 1 • have jurisdiction or not, and then ask the \ assistance of the local authorities. | 1 j have taken pains in detailing these things that you may see my disposition to act' wherever I have authority. The killing of Mr. Fox was done in j your house, and you must be aware or; the fait, that it was the. scene• last evening, of one of many disreputable affairs which have taken place in it from | time to time. I Mr. Hamilton, [Embleton ?] although j a British subject, has oilered to assist mo i

, in linding out the facts in the ease of the , alleged killing of Mr. Fox, and 1 have . written to liini, asking him to furnish , mo witli the names of the parties present • at the time. I have no power unless tin; y.-c . ■t-xcm: :>f i e e.e 1 V.: : .cs, to compel them to be present; but, i hope that'you also wiil do what you cm to get as much evidence as possible before my court on Tuesda. morning. (Signed) : Very truly yours, 0. \V. Giut'Fix, U. S. Consul. Upon this letter .v-jnj read, sonic twelve gentlemen took the matter in | i hand, and after taking the statement of! | the doctor, as to the nature of the j wound, had the body buried. A full detail of the affair will be gathered from the evidence taken before! I the Consular Court, which we publish i ; below : j On Tuesday mnr.ing, at 10 o'clock,) : nearly every foreign resident oi tile I I town, went lo Mn imiu, for th.e purpose : I of heaving the trial of Charles Cochrane,; I who had beei ehar.'el with the murder!

of the man Fox. The prisoner claimed j to be an American, but the American] Consul not being qui.e a; i* ie'n »ai the] [ point, some consider.:! '■.■: dehiv c ■cup'e.i,' so that it was nearly nno:,'before, the j | commencement of ih ■ ITOXSUL.V. fOIT.T. I The DS. Consul pre ided. and Messrs.' |Alvord, Wiiiiamsoi: Pirhcr. .n 1 i.i/oy, i I American citizens, sui ;u- A<s -i ite-judges. Mr. Hetherington ..p,io; ivd :• p'r..secti- i tor for the United Slate', and eierk of | j the court, and at he i"ou. I of the I j prisoner, and the Oui "t, Mr. Davis acted ■ 1 as attorney for the ;■ ,s aier. . c.'l.m. ;k. Upon the prisoaei iieing brought into j Court, the following charge was read to him: —"That you did at or abeut the | hour of eleven o'clock on the night of , Saturday the third day of November, in . the year of Our Lord one thousand eight hundred and seventy-seven within a . certain public-house or inn known as the , York Hotel situated at Matafele, Apia, t feloniously willfully and of your malice [ aforethought did kill and murder one James Fox.'' t Prisoner pleaded—Xot guilty. - Dr. Geo. A. Turner sworn, deposed: I ' remember the morning of the 4th inst. ; I ' saw the body of a deceased man at the ■ York Hotel; I did not know his name ; ! I examined the body; the holy was lying in front of the counter, with the, • head towards the south end of the bar ; ■ the deceased was 'lying on hiji back ; ' there were pools of .dotted arterial blood under his thighs, and on each tide; he i was quite dead; on examining the body i I found a cut in his trousers on th.e right '■ side of where the trousers are laittoned ' low down; there was also a cut in his

shirt corresponding with the cut in the 1 trousers, and ;i wound in the skill on the loft side, about two inches to the left of the root of the penis, and a'.out an inch helow Poupart's ligamnrit ; tin; wound in the flesh ran outward towards the left side, nnd slightly backwards, and had wounded the femoral artery ; 1 did not detect any other wound ipon the body, winch 1 examined ; that vot.nd of itself was sufficient to cause death ; I am a qualified proctioncr. M.D. and C.li. of ' Glasgow University. By Mr. Williamson : From tlx> nature of the wound it is barely possiblf, though not at all likely, that, the man nay have indicted the wound himself. By Mr. Alvord : The cut in the trousers and shirt, and the woutd in the body are precisely such as loiiht have been canned by the knife produced. William Brown, sworn, deposed: My name is William Brown; 1 mij barm an .•it present, .-it William Henry's, York 11-'.■'; I iv her the nijdil of the 3rd : I wim k r» in.: in the bar , I know tlio d ■■■ \ by -i hi : I saw liiin oil tic ni 'hi . ■ ; '. :■ i i - ; hj n»o; t.h ;, : • . ~ , tie V • u-.o itil > I ■• t , i'

•■ , • . ■ up tot! ' ■ ' I . ear that they cmii '.her; the-!. ■ Rt of tho bar. close ! i were standing about three or foui from me; 1 saw the prisoner tlounshin his han I about, ana thumping it i t l, c milter at the same time u5,,,.- I words, I U -. I"" J' I '' !t ■ s, ~, ~ii to-i-H'v 1 c i'd v.M say whether prisoner had anything in his • hand at the time or not; after I had served the man with the four drinks. 1 | was standing at the bar as usual, waiting to tike the glassos and clean them; there were four men there altogether ; the prisoner and defeased were standing si ie bv side at the bar; the prisoner was it mdfng at the right side of the deceased, close against the counter ; the other two men were standing to the right of the prisoner; after those four men had emptied their glasses, 1 st i >ped down to the wash-tub to wash them ; as soon as i 1 had finished washing the glasses, \ lookel up, and saw the deceased fall • backwards, without a groan; as so m as j 1 saw tiiis I jumped from behind the J counter and looked, to see if he had anyj thin-- in his hand ; 1 saw that there was I no blood about deceased above the hips, so I called Bill Henry; I saw no blow I struck ; the prisoner was not there then ; he must have gone out; 'the other men were there, running backward and forward to see tho deceased; 1 thought that the deceased had broken a blood-vessel; I did not think ho was murdered, so I did not look for the prisoner; I never saw the prisoner after. Cross-examined by Mr. Davis : There Is no bad feeling between the prisoner and myself; 1 am not certain whether the deceased and prisoner entered the house together ; I thought the prisoner and the deceased were on good terms; they drank together; Fox called for the drinks ; I did not think he referred to any one in particular when he said he " would do for some one " ; 1 was just long enough stooping, to wash the glasses ; it could not have been more than a minute; 1 did not see prisoner then ; he might have been there, j but 1 did net see him ; I did not see any- | thing in prisoner's hand ; 1 did not know | the other two men. By the Court: The knife was given to \ me hv a " kanaka,'' anil I gave it to the i Coned. Bv Mr. Williamson: I arrested the! | prisoner by the Consul's orders ; 1 found I ; him lying in John Adam's house; li handed him the paper, and he said. " all right. Brown, I'll go with you." By the Court: The prisoner did not I ! appear to be the worse for liquor on the j : night of the murder, but seemed excited. ! William Cjumn,sworn, deposed : 1 was ;

; drunk at toe tune myself, so .t do not j I know sinvthing about the question; li I was at Oscar's: V.ith a lot of other*, hav- : u,d other :i>:ings. as there had been a ! .veiling that ni;l> ( ; I hi.ee bee) on the i i-pi-ee f'.ra f.r.-.n.giit; 1 did not si ■ the j: :a\v hiei -ah, thrt was enough t. make; .:t,'i.:e lxjk. [This wit',cm se-eyi.'d to j i"t'ig,it" up"ii the ocjaT-ioii, that nothing | •coidd !• eihitcd from him.] : Curhtc!■■.■!■ Peterson, sworn, d-j- ised : : ' ( «-.••• at'V.'il'.iam Henry's heu.e . lair, i ; eleven ..'. leu k on Saturday r.ight ; 1 .saw | ! deee.se 1 there ; I was standing at the 1 eor.ier of tiie bar, near the backdoor; tiie pri-oner passed me, and I heard hen say, "Fry J - C , I will kid that • son of a to-night; the deceased took ' his knife from his belt, and handed it to . the prisoner; the prisoner took it, and [ placed it in his waist, between his , trousers and shirt; the prisoner made a ' great noise, being very excited; I went ' \ outside ; I was out nearly a quarter of an , hour; just as I came back the deceased fell down ; I did not see the prisoner, there were so many in the room ; I did not hear the prisoner use threatening ' language to the deceased ; I did not . know any of the people there. Cross-examined by Mr. Davis : i Deceased gave prisoner the knife ; I did > not see them speak together till the ■ deceased gave prisoner the knife; J saw i the prisoner after the deceased had been ; killed ; he was quite quiet; it was about 1 twenty minutes afterwards. liy the < lourt : When the prisoner came in after the deceased was dead, he l told another person in my hearing, that the knife he got from Fox ho had thrown ' out of the window ; the deceased and •' prisoner appeared friendly when the ; knife was handed from one to the other. Oscar Hammerell, sworn, deposed : I knew deceased; prisoner was in my ' I house on Saturday night; I heard him say, '' You just wait a little, if I don't ' rip the out of that son of a , | my name is not Charley " ; did not know • who it referred to; deceased and prisoner ' were in my house together ; this occurred . after ten o'clock ; the deceased left first, and the prisoner shortly after. Cross-examined by Mr. Davis : I cannot say whether the deceased and I 1 prisoner came into my house together; I ! 1 do not knew whether they wero on friendly terms, or not; I do not know if: any one else heard the expression. Kid ward Jones, sworn, deposed; I saw deceased in Oscar's on Saturday night; 1 knew him by sight; there was a lot of us together, including deroasotl, prisoner, ' and my Kelt'; 1 did not hear tie prisoner! make any remark; 1 left, about in (.clock, there was a wedding, ami we were having it jubilee over it with I. i • no tin.-; 1 did not know who left when t left I '•■■ nt I . Hill 11. i lli ..•, . ■ i ven or fi [hi of us ttrer. I

r; 1 t -. ..' I a > : ' 1 first ' i got there; when in. Henrc'she wasdyivg; 1 •': I ■ th knit ' ■ ■ 1 ; the persons present at t ,v.■:-.. Henry Dark'm. Scotty, Quisu, ami Thompson. t Sulu 'a native woman),sworn, On Saturday night, 1 went int i Wi is a Henry's, from the street, I saw cue man dead ; I said to the prisoner, " woo . that man lying there"; prisoner said, "1 do not know"; prisoner was standing under the window; 1 said, "has there been a i\>w, or what did it|: mean, that one man waadoad ". prisoner said, " I do not know, but the knii'o tb deceased had, I have thrown out " ; he j said, he had thrown it in the salt-water. Cross-examined by Mr. Davis: The I prisoner spake to me in Samoan. I Robi rt Wright, sworn, deposed.: I was j born in America; lam a farmer; remember Saturday night last; I was atj Kill Henry's ; was sitting in the back j part of tlie bar, smoking my pipe; it was about eleven o'clock ; the deceased came into the bar; there were several people at the bar-counter at the time; saw deceased light his pipe ; think he was talking to some of the men at tho bar- [ counter; in about twenty or thirty minutes afterwards, the prisoner came in ; when prisoner came in he struck bis hand down, and then put his shoes oil"; he then drew off his shirt, rolled his shoes into the shirt, and gave them to the barkeeper; he had .a knife in his hand, and raising it, said that he wool i j tear down Mr. Oscar's house; lie was! wheeling the knife round, and went up j to the bar with it; to my knowledge, he ; did not approach nearer to the deceased | than two feet; saw deceased fall; 11 did not sec a blow struck ; when the deceased fell, the prisoner raised his hands, and said, "Oh 1 Cod, who did that " ; the knife he drew was drawn from a sheath, like tho one produced; the knife was like the one produced; I shouted for the hotel-keener to come in when I saw deceased fall ; after the prisoner made the exclamation, he went towards the door; I hive brought the] clothes that were wor : by deceased at ; the time he was stabbed. [The clothes were here produced, and j the cuts examined, winch were found to' correspond with the si/.e of the knife; produced.] _ j Cross-examined by Mr. Davis: I did: not see the deceased cad prisoner talking together. By Mr. Williamson: I could not say i we a was i::v at::, ion c-' ■. Ie a. ■ si-o iinir.:-c"a-il.v hj: ■■m '■: i. 1 coo-d r • sav if prisoner was sober, or not at trie !

1 waV-o, >.'•■.' :, .■-■ ".. -■ s ;■;. <•;•'•. ■ '■- night; t'v d.e.'c c-'.l cc.ac imo te ■ ft.."held my clothe-;"; tie harm e i;-o.': r.h • cloth--, and prise n r ha i :. :..v wit,a toik hold 0 f the p:-Vc.ov. !,■ was •■'■;■. Cr,-. cat i! , t . te . I : ~ : [ ■■ ;•■ ■ .0 deceased, and anodic:' man v-'-.s 0:1 l' e ! tlcn leaned bis left arm "en ti ; Mua'er, -ad his head ui'j.i it, wi i, .his right hand duwu; it was while the piisouer w.-is leaning on the eou.ite:, t.iat the deeea ed was killed ; the prisoner jumped back, and ran out of the back door; he ran in again, and asked the liar-man for his clothes; I said to the prisoner, "'now is it, that this man is dead " ; he replied, " I do not know, but I suppose he has cut his hand with a bottle " ; I said, " there is no bottle, but, that when the deceased was falling he clapped his hand to his groin, and that is where the blood was coming from"; the prisoner then sat on the bench near the window, inside the bar; I saw blood on the right hand side of the prisoner's shirt; I said to the bar-man, " look at Charley's clothes, there is blood on them"; the prisoner went out at the back par; of the house ; when the prisoner came back again, the place where the blood was had been cut out; I then said. " how is it, that you have cut the piece out of your shirt " ; the prisoner said his shirt had been cut by somebody's knife ; I did not see a knife in the prisoner's hands; 1 only saw the blood on his shirt; the first time I saw the knife, was upon the day it was found ; that is the knife, (knife produe-d.) Cross-examined by Mr. Davis: The prisoner ran in and got the shirt n short time after the death of the deceased. By Mr. Williamson : When the prisoner took off his shirt, he had an under-shirt on ; it was the shirt that, he got back from the bar-man which lie cut the blood out of. Mulinfi. (anative boy),sworn, deposed: I went on Sunday morning, to Bill Henry's, with another boy, see the man that was dead ; J found the knife in the lane ; it was under the fence, beside a cose; I was standing by the fence when 1 saw it; I askeu the boy what it was ; I then picked up the knife, and saw that it had blood on it; it was like the knife and sheath produced; it looked as if it had been wiped with a cloth ; I showed il to the other l.ov; 1 then dropped it. and ran au.av, hj. ,',i : „. A- wee ;,faid of i: . f to|,fa woman, and she said. " eome, and show it to Henry "; I then gave it n, ||. ~:■,, ~, ,| : "eked ti whether I U i\ 'u-h ~.

.:.■..!• Late on 3rd, I heard that a man had Ixsen killed in the York Hot I; 1 weu! t> the entrance, and saw a man lying '•• front of the bar; 1 was requested t.' go in and look at him, but decline I, until the doctor had b i •ti for ;. at that time the prisoner was :.. in/ by my si -.-; he said, "I was by t! • side of the man when he fell; j he fell ho said to me, 'take this, ti.k. this, and when I looked round lie was down'"; I, (witness), said, "what was i in- gave you " , he said, " it was a black leather tiling, I cook it, and threw it away" ; 1 - ■» '■ to him, "do you me in t. a iv i-hatyou'did not know what it was" ' he said, ' no, I was more drunk than I am n<w." This concluded the evidence for the prosecution. The Court here adjourned till 10 o'clock, next day. At about a quarter-past ten o'clock, on Wednesday, the 7th inst., the Court resumed it-: .-.ittings, and the prisoner was | asked if ho wished to make his statement. I He did so as follows: 1 left my house about seven o'clock, on Saturday ceiling, in company with a man, named Harry Dargin ; 1 left him at MaMfele ; I went into Bill Henry's, and drank with two men belonging to the sohonner Canterbury, one was named Kelly, and the other Wilson ; they asked me to go down as far as Lawreiison's Hotel, and I went; we drank together, again, and somebody said, " there is a wedding at Oscar's, come, let us go"; i I met Harry Dargin coining along the I road, and he asked me where I had got j t:>; we then met Quinn, he had a bottle j of gin under his arm, and some tobacco j in the other hand ; when I got to Oscar's I hear] some men rattling tins inside, ! and some person asked me to have a ! drink. By the time I had finished my drink, the other men were on the verandah, at the other side, rattling tins ; I went round to the other side, an i somebody said, "who'll sing ' Fiuag; •, '..; Wake'"; I then said, "1 will," in : sang i.iie song in Irish brogue. After ti. - song, the deceased asked me if 1 was Irish, and 1 told him, that my ancestors | were ; he then said, "come, and have ::. lilriuk"; he also asked me to sing .'mothers nig, and I said, "I would,providing he would get some one to accompany By Mr. Alyord : You say, that, decease i I asked you if you were Irish. Hive ' you ever met, or had any previonj aciiiaiut'ince with the deceased < l'ri->oner : l never spoke to the man in my lite before, to my knowledge. j .Statement continued : Os ar n-f-is - 1 to let me go into the room tj get the i;.cco.iip.i.ui;ne!it, saying, the chair was ! private; then deceased said, "we wid

, :;:w■ • it in t.V' room whore wo are"; I . .Sr.na: I told ! 'waVborins' ;;:i«ii-;;cl in- if 1 was imkiur , aUi .„ ; ;: I: :i. ■;»•:' "; d. .iei*;d lion: 1 -i i, " flf xt-'j you f'j-u: riTjw, i'H pit you on to some- . Hun-.' JTk, I : rt.iuiuWMm.andsaid, t ■^.. : i.!;-oo bin, Wop.irt.-d, and 1 -n k ; ' ; ; ' ' V| -us. ■:< v .i. ams s-.,., i " do not sin.; hero, this is private"; i , Implied tli.it. it was all right. J would not. ;;>ia.,'. 1 think I hii-lsorfi.-tiiiri; more to | drink tW Forio'hdmjouisid.,, and '! asked inn if I would gcas far ai Henry'.-. ;i with him; i told him, '• u ~ tin;' i , '• intended to go home " ; Nod Griffiths . j wont down the street with him ; I went , | back to the bar at Oscar's; I was in ; j Harry Darwin's company till I went int.) j Bill Henry's; Dargin proposed to go J there. Previous to my going into Bill 'I llom-y's gateway, I was struck with J some hard substance in the back. As I soon as I got into the house, I took off my 11 slippers and shirt, went behind the bar, . and gave them to the bar-man; on \ coining from behind the bar, deceased, ; who was standing near the back door,' I said, " what's the matter." I told bini, . that somebody had struck me. He gave no: a knife, and immediately afterwards, [ he gave me the sheath ; I had the knife! , and sheath in my right hand. A man. ; by the name of Fiaser took hold of me! ; and said, "what's the matter." 1 was then standing with my back to the counter; ho. was facing me. I do not, . know the answer I gave him, but, I tried . to struggle away. By that time, I got. , into the middle of the floor; I heard a , confusion behind me. By Mr. Alvord: Where was this con- . fusion i I Prisoner: Behind me. Statement continued : I saw the ; deceased lying upon the floor. The first ' I hoard speak was the bar-man ; he said, " the man must have burst a blood- ! vessel " ; 1 went back, and looked at the i deceased; I then saw blood on the floor. I Bill Henry then came in, and said, ; " leave, that man alone, he's been stabbed." I then thought of the knife I . had in my hand. After that, I placed | the knife in the sheath, went to the door, . and throw it outside. ! ~ Frnser, sworn, deposed ; I left , William Henry's and went to Oscar's, ' had a drink there; we started a hami • with kerosene tins; Oscar told us to . keep quiet: deceased got hold of roe ami i said " you are the only mini amongst us ; and asked me what I was doing here when I told him he said, " I'll put vou up to something good ; you see all tnese Herman cuptaini here; this (pointing to his sheath knife) will bo our friend', 1 told him I would have nothing to d > with it mid left him; when I returned to ll< tin d ci used was ihoro , had n then Walked nut id-; the next - ■ i vvw that tlKMiiauha.ll ,

II • I hj 1.. . : Thi l I :' the eviMr. Iletherinpton in fuldr < ' •:'!'•, .'II I ell ill ■.:' the | .'!: I'r id n! ■. i ; . ■ . ■• \ judges. It is now my duty, to address j ii on 4he r ' t>) ' ■ ;■: ■ul i >u, mid I: • '.. 7 I fore ;. ou as L« ieliy as ] • ■■■ inl ....:, pr lo .. i te clearly the guilt if tl • pris mer »n 1 t lis, J will d i without unduly pr> >sing them :: jainst the ■ them i i ensure cenviction, ana with . comment t'i. ;i my duty dcnvin Is. The i'.rst in, :'..!■ to which 1 shall draw your nti in is, the thiv.it by tin: pris >u. r i;i : ." foulest Int: : i::-_"- possihle against • ■! of joiny pers >u. it is true, that h- ii 1 not directly iudie.it ■. that this r ' .. ' rcathed a_- dust the life ..f : • - but lin lititain th it you !.•■ ii explanation as to the ■Action aivi conduct of the prison'.". - . And .'..jfwh.it were the-;.; [ Gentlemen, the \i\. A ■■■ . -A t . th- 'r.'il; Ho-- ! : t!:. hi:i.-. If •■•' the kihie of the •!•■ ca- d, and alter placing himself side l>y side with tlic .ic'r:.sod, leaning over the ico'jnter on his left hand, with hi-; body Ijcnt in such a manner as to screen I'r.mi the bystanders his right hand, in which lie h'-i.l the knife; he suddenly, and st":dthily taking nd vantage n'f the lniiiutf! .'it which the barman's attention was diverted, ialliitcd the fatal tin list by which the unfortunate man was, without a moment for repentance, sent to meet his Got), wiili his unrepented sins upon his head. Gentlemen, I maintain, that you cannot consider the evidence, >.vithout being satisfied as to the guilt of the prisoner. The testimony . f Dr. Turner .-how;, that the wound must have bejii inflieted by some one standing on the right hand side nf the decease I, and it is shown by several witnesses, that the prisoner wi s standing in thai place when the injury was indicted. The evidence of Christopher ('.■;. -i - /.'. sh >w; tint ho saw the pi'soncr o'ut lin t!: • kilif ■-■ pr dneo 1-IV mi the .1. .-.•■:;.• 1. Tie: evid me .■: the Native j women p.-.e. s. th.it l.hc i ri-.mcr mice I. ■•'. -:' a ■■„■■]':■.■ iiisb idy from the mi i its : • ii:ili.-.if.i .;, : *:i.l :■■ lj :.:i ■ '" :ir"m:.l- m ■Z'i he td'e.! with ;.:;.' ~':.- j

. :•' • rjve malic*;, Lh.it, I snoulJ. ••; ■■■ r malevolence nivar Is the ■ , particular; for, where a man kills :• ii.jtUer suddenly, without any provocation, '.ho. law implies malice, as no person, unless of an abandoned heart, would be guilty of such an act, upon no Apparent cause, and malice is defined to Le the dictate of a wicked, depraved, and malignant heart. Had thero been any evidence to prove, that the deceased had given i In' prisoner severe provocation, :nd the Wow had been inflicted by prisoner when labouring under transport .»!' passion, or beat of blood, you might have, perhaps, have considered the crime to be manslaughter, but the evidence shows entirely a different picture, it shows, that the unhappy man, instead of provoking the prisoner, was performing tin act of kindness towards hitn, at almost the last moment <-f his life, and that the fatal stab was so secretly, and stealthily, and yet, so adroitly dealt, that the narration of the facts iills my mind with horror. I am c -rti'.iii gentlemen, that your minds are I- pially tilled with horror, ,'MjU"I loathing of the detestable, treacherous, and cowardly crime which has plunged a fellow creature into eternity without so much as a moment's warning, to make i his peace with God, I will not attempt hj to show, that any further motive existed ft' in the prisoner's mind, than the dictates K of a malign int heart, for no other motive ■ is shown by the evidence ; but, 1 will f n e.v soi.-unify call upon you, as citizens I ufthe United Status, alia as members of • ■'< small community, that you do not shrink from your duty as Judges, bat., •• u, by your finding this day, make vn, that when a citizen of tiie ■' country to which you have the honor to ■ belong, commits such an atrocious crime, Btlic shall surely meet, wi'li the -evev.-t. which the laws of your JHpoM.: , empower you to iinpos ■. ■ Mr, l)jiv;s. in rising to addre.v. the Hpo-o' on behalf of the prisoner, said that position ho had takon lu watch* Bfe tin I II It of the oil na<i cither been niisundcrsl I or u t to

! ' I I , when he was i morning by the the pris. nei ' together to Wilt hj tl ■• pr « mil 1 can ask ■■ 1 it t j be ■ his duty to c t hi' ,vn upini. ns on one side and • Hid for the llllfi rtunate prist ner. In referring t i the evidence, lie, At some length, called the attention of the C urt to tha fact tl tth deceased and prisoner were upon the best terms, an appointment had been made for the next Jay. A ■_• I of evidence hud been brought forward as to some threatening !■."■.■ I • re « hit hj i. d been used, but uot one of the witnesses ,■ mid Ik- got to ■•-.'.■•■ r thnl it « is u .■•■! towards ti... deceased. This was an important point, and he hoped m liee would ho til;, ii nf it. He then argued ii," pos--9!! .■■.in .i the Wul ;;d I;: llg ii'! :• ■ ■ ■ . accidi lit '! he prisoner g 'ls struck by some hard substance, In- rushes into the ! house, relieves himself of his shoes find shirt, and the de.'c: I lends liii.ii n knife Whilst this knife is in his hand, a man standing by catches hold of him in a j friendly way to calm him. a stru ■! ■ ensu w, the prisoner released his hand with a jerk, and the deceased, who is standing | el. se to him receives the wound that has cans, d his dentil a :ci lent liy. He asked the Court to consider this matter carefully, lie would now leave the prisoner in their hand-;, trusting thov would give him the benefit of anv doubt. The Comal th-n thanked Mr. Davis, and the Court adjourned tu eonsidcr their verdict. Aft r an ;■'; -■• ire of almut two hours, the Pen,;,! iin.l hi. A: iate .Lei-.- returned into Court, when the following verdict mid decision were read : I.' pon hearing the evidence, and Mr. Iletheriiigtoii, counsel for the proveutiou, ami Mr Davis, counsel f. r the defence, we, the midersigi,..,!, J. !■:. V. Alvord, I>. e. Parker, W. M. Williamson, and — Orev. nsjudp'sdidv noniiiiat-il mid appointed by li. W. (iritlin, i;-;.. L'niteil States Consul, do herebv record our finding, that the prisoner, j; I ward Cochrane, is fruiltv of the wilful and delihe.-nte murder of Jau'ie-i Foi. I, f.iilderoy Wells (iritlin, Consul, havimr heard the fvidenee in the ul.oiv ■ a f the C.oited States versus ICd-card Ciehraue. adjudjre that a- the |irc«.f of the nri ■■: -r's ■itiill is so eh ar. that he 1. lit In ill ■ United Stat- tor convieti m i ■ '. ■•■.:• a ■. The nri-oii.-r wa- then t.;l: ••) oa hoard of tlie -,' il-r .\e:i Mav for the purpose ,; luine sent to Au.eri.a.' Slu.rtlv alter tli» d.s i-don 'i the Ce-.-ilar (•■■.!■■: hli.l |...-!1 "iv.-M. a 1.0. le,. w„, i.-ied, (I An l; ,'i X '■: ; :i I eev 1 la'.k. A;-.v;hi-.. a pnrtv was selected to jro on board of the. vcs-.:l, and deiuaild tl."

prisoner. Two boats wore obtained, una about thirty of those present at the meeting;, proceeded on board, oral obtained the prisoner without any trouble. The prisoner appeared to be quite prepared, and expecting that he would soou be d< nianded by the populace, for he'lid not offer the slightest , resistance, but quietly submitted to he placed in the boat. While in tie- boat, and coming on shore, tie- prisoner remarked, " This is what i mies through keening bad c mipuny." He idso asked to have the Rev. Dr. Turner sent tor. Puring the Husuni i tin- party who • went to the vessel, another party wore getting tlic apparatus ready, upon which ■ the unfortunate man was to' suifer tic la.-; , penalty of tUO law. As soon as the prisoner was brought on shore, the llov. Dr. Turner was sent lor, in accordance with the request of prisoner. It was about half-past nine o'clock, when the rev. gentleman arrived. He was told by the prisoner, that he was prepared to die, that be looked to ,l..as Christ as his only Saviour. Ho also said, tluil lie was innocent of the charge of wilful murder, tint he might have necidently stubbed the man, but ' net with any intent. ■ I He also "rcquostod Dr. Turner to pray with, iiiol for him. [nnuediately after prayer, the prisoner walked half across ' the room towards the guard at the door, and 1 1 remarked. "Now, 1 am ready." II" was : ! then bliudfolde:!, and led to'the place of ■| execution, which was immediately opposite I the hotel in which the murder wan eoin- ; J mittod. The apparatusconsist-d of 11 pretty ; stoat line, reaved through a double patent i block, which was attached to a coeounut tree, about thirty feet from the ground. Upon reaching the foot of the tree from 1 which ho was doomed to hang, he said, in a ! clear voice, " Von are going to hang an I innocent man ; there in 0110 man on this I beach, who has committed 11 greater orimo than that for which lam to be hung, nnd may the Lord have pity on his soul, mid mill" too." The rope was then plaeod round his neck, 1 nnd lie wi.s run un, and appeared to die without n struggle. it was then tot, o'clock, ami the Body was allowed to remain ; suspended till ton o'olooV wst morning, I whim it was taken down nnd decently Imried. EvwyUilnj, toon the commencement of 1 tic iii'ftiug. lill tin' burial, v,.i.' conducted wa'u tii.. ul si ord< r, This is the li- 1 .■ f hj in/in.' thai I ' ■ 'll .. p'nix I > ilcmi I I 1 i lie I :

lie •: a.. .