Page 354 - Gulf Precis (VI)_Neat

322 Part IV.
Fisher had sailed for Baghdad in the S.S. Kapurtala on 2Gth. February, and
Major Nowmnroh was instructed to arrange if possiblo for their transhipment
to tbo Comet (telegram dated 9th March).
222. As to tho trial of the offenders, tbo British Ambassador in his telegram
to the Viceroy, dated 22nd February,
Ibid, Noi. 623 nml 623.
pointed out that tho men should ho tried
by either the (1) Supremo Consular Court at Baghdad or (2) tho High Court
of Bombay or (3) hv court-martial in India. Tbo Government of India
proforred that the trial should tako place beforo tho Supreme Consular
Court at Baghdad (telegram to tho Ambassador, dated 29th February).
223. Tho Turkish authorities would certainly desiro to try tbo cases,
but tho British Ambassador warned tho Consul-General that “we cannot
bavo tho right of the Turkish Courts to try these cases.” The Turkish
authorities seemed, however, to bo anxious to detain for trial by their
courts tho prisoners liandod over to them for temporary custody, though
at lirst no objection was raised to give them up. Major Nowmarch and
Captain Cox visited the Vali on 22nd February, and obtained permission
to release one of them without any difficulty. “As to the others,” Major
Newmarch told llio Vali: “I may release some more in a few days, and
in any case I will take them again imder my custody as soon as the relieving
dotachmcnt arrives.” The Vali said “ of course ” and did not demur in any way
to this. On tho 23rd of February tho Consul-General applied to the Vali
for copies of the statements taken down by the polico in tho enquiry. This
request appears to bavo been referred by tho Vali to the Procurcur General
of the Court of Appeal, and the latter on a telegraphic reference made to the
Minister of Justice at Constantinople was advised that as one of tho suspected
porsons, named Abbas, who transported tho corpse in his goofa is a Turkish
subject, tho enquiry in tho case and the trial of all the accused including
the British Indian sepoys should take place before the Turkish Courts.
On the 2nd March tbo Vali refused tosoud any of the sepoys in his custody
beforo tho Consul-Geueral on the grouud that the matter had gone out of his
hands and lay with tho Court of Justice.
224i. Tho difficulty was apparently removed by the British Ambassador
after representation to the Porto. A preliminary enquiry had been ordered by
Mr. G. B. Piggott, Judge of tho Supreme Consular Court, to be held by tho
Consul-General under tbo Ottoman Order in Council following strictly the
procedure laid down in tho Buies of tho Court Nos. 41-52. As a result of this
enquiry, Lancc-Naik Abdul Karim (the man who had run amock) was commit­
ted for trial by the Supreme Consular Court, and tried, convicted and sentenced
to death by that Court under article 46 of tho Order in Council (Mr. Piggott's
letter to the Embassy, dated 19th April). The prisoner was removed to
Bombay.
225. As to the murder of the Jemadar the evidence was so conflicting and
moagre that Major Newmarcb discharged all the accused.
22G. The detachment of 126th Infantry left Baghdad under charge of
Captain Fishor on 23rd April (telegram dated 23rd April 1904).
227. The two Pathans Abdullah and Akram, who wore implicated in tho
murder, were doported to Bombay and under a warrant issued by tho Bombay
Government in accordance with tho
Ibid, Not. 058 and GG3.
Foreigners Act (III of 1864) transported
across tho southern border of Afghanistan (Major NcwmarclPs telegram, dated
21 st April 1904, and Foreign Department letter to tho Bombay Government,
No. 1384-E.A., dated 29th April 1904).
228. The Consul-General called upon tbo Officer Commanding the Comet
to furnish a guard to guard the prisoners above referred at tho British Besi-
dency. This request was complied with, but the Director of the Iudian Marino
on writing to tbo Government of India, Marine Department (No. 2555, dated
30th April 1904), observed that tho duty was not such as should properly
devolve on tho ship’s crew, and that tho action of the llcsident was illegal,