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288. To anticipate evonts, it may be stated hero that tlio proceedings of
tbo Turkish Courts of Justice in the matter are continuing to bo a farce and
sham, as will bo socn from tho folloming noto addressed by Sir N. O’Conor to
the Porte:—
MOn tlio 12th Kanun-Sani, 1319 (26th January 1903), a Tnkrir was addressed from this
Embassy to the Mioistry for Foreign Aaffairs
No. 39 of Secret E., Augu»t 1004, No*. 2SG-373.
stating that an encounter took place in Septem
ber 1318 (1902) between a boat o£ Hie Majesty's ship Lapwing aud pirates in Bussoralj
waters, tlio said His Majesty's 6hip Lapwing having beon despatched for tbs pursuit of
pirates in those waters, in which encounter a British scaraau was killed. In this takrir, the
attention of the Grand Vizier was called to this important matter, and it was requested that
prompt measures should be taken for the prosecution aud proper punishment of the offenders.
Tho matter was roferred from the Ministry of the Interior to the Ministry of Justice, by
whom tho necessary orders were telegraphed to the judicial authorities at Baghdad. These
authorities not giving duo attention to tho contents of tho communications which have passed
at various dates between the Grand Vizier and tho Ministry of Justice, nor to the evident
importance of the affair, almost the whole of the last year and half has been spent in useless
correspondence.
Now, immediately after the affair, the local Judge d'Instruetion with the sanction and
consent of the Yali of Bussonth, went on board tho above raenJbioued His Majesty's ship
Lapwing and took down the dispositions of the officer* and seamen who had been in the
boat on tho occasion.
His Majesty's Embassy has heard with regret and astonishment that the “Chambro
do Miscs en Execution'' at Baghdad has given a Dcerec stopping proceedings against the
•prime movers of the affairs, Yusuf bin Ibrahim aod two nephews of the Sheikh of Koweit,
on the gronnd that these deposition cannot bo accepted as evidence on which to order a prose
cution. This Decree is to be sent in a Report of the Baghdad Public Prosecutor to the Cour
de Cassation at Constantinople for revision, but, seeing that tho “ Chambre aes Mises ea
Execution " has considered as invalid the evidence given, with the consent and sanction of
the Vali of Bassorah in the presence of the Jutre a’lnslruction on board Ilis Majesty's ship,
of which one of ths crew ha6 been murdered, Ilis Majesty'6 Embassy cannot regard as satis
factory this Decreo of the * Chambre dc Miscs en Execution,” or auy decision to be afterwards
given by the Cour de Cassation, and requests that the matter may bo submitted to the Grand
Vizior, eo that the necessary orders may bo given for tbo proper punishment to be inflicted
administratively or otherwise, on the aforesaid known persons and ou the other guilty parties.”
289. On 27tU January tho Secretary of State telegraphed :— No. 303.
** Vali has reported to Turkish Government that Mubarak has collected largo force at-
El D’Jahre intending to move on Zobeyr. Mubarak should be warned in the sense of my
telegram of 22nd September 1902.”
290. In repeating this message to tho Political Resident, TTis Excellency
directodhim to convey the necessary warning to the Sheikh, if it appeared that Ho. *w.
he meditated attack on Zobcir, and had gone to Johara as already reported other
wise than to protect his own properly.
291. Colonel Kemball who had been already apprised of tho * Sheikhas
movements by Mr. Wratislaw, had gone to Koweit on 18th January and No. 305.
conveyed tho necessary warning to him. But the Sheikh denied having any
intention of taking the offensive. The Amir of Nejd was then at Ilafer, 3
days’ journey from Koweit and claimed by Mubarak as his territory. Colonel
Kemball thought it improbable that the Sheikh had iuteuded moving on Zoboir
and proposed that no further action should bo taken.
292. This information was telegraphed to the Secretary of Stato on 3rd Feb No. 300.
ruary 1903 with the addition that His Excellency concurred with tho Resident.
293. At the interview Colonel Kemball had with Sheikh Mubarak on the
18th January, there was an important dis
No. 40 of Sccrot E, April 1903, No*. 23-70.
cussion of the situation of affairs between
them. Tho following report of the interview is therefore printed in full:—
u At mv interview with Sheikh Mubarak, I topk the opportunity of discussing fully the
situation with him. I said from his letters to me it appeared that he considered that he had
a grievance) against His Majesty's Government. It secured to mo, howevor, that bo had no
real cause for this, His Majosty's Government .had supported him firmly throughout, and it
was solely owing to this support that he had ietaiued bis independent position at Koweit.