© u >* UC-NRLF ^^ 35 TbO ^: m^ ;;:^- «!''-? !» BERKELEY .IBRARY INIVERSfTY Of CALIFORNIA . ^,fd'.%7^-^ ' Library of O«org« B. MoFarland :y ft y ; ISinqiioni of Siiiin. %\t €iu of Peng €j\tl (|%m JImw BEFORE THE I^IIA:N^C0- SIAMESE IMIXED COUB,T. CONSTITUTION OF THE MIXED COURT. AND RULES OF PROCEDURE. THE TRIAL, JUDGMENT AND CONDEMNATION OF PHRA YOT. —x: June 1894. y .JPO ; « r 1)5 fl^- ' 5" I AFFAIR OF KHAM MUON (KIENG CHEK). FIRST PART. Constitution of the Mixed Coubt. — Rules of Procedure. On the 20th of March 1894, the Minister Resident of the French Republic at * Bangkok informed the Siamese Minister for Foreign Aifairs that the French Govermeut had decided to submit the Judgment given by the Siamese Court, on the 17th March, 1894, to a Mixed Court, according to the right given if by the Convention of -kd ' ectober, 189.-J. (I). ^B On the 2ud April, following, M. Jos. Piliuski, Charge d'Affaires of the French Republic, notified to H. R. II. Prince Deviuvougse that the Froacli Government had decided the composition of that Court, which would be composed of a President assisted by two Siamese Judges and two French Judges. In tlie same letter, M. Pilinski gave the names of the Judges appointed by tlie Frcmcli Government, (2) and lequested H. R. H. Pi-ince Devawongse to inform him of t!ie names of the ^^iamese Judges appointed by the Governmeub of His Majesty. ^P The 6th April, H. R. H. Prince Devawongse answered giving tho names of the two judges appointed by "the Siamese Government, and requesting to be informed of the intention of the French Government concerning the rules to be followed ^J)y the Mixed Court in the proceedings and judgment of the case. * I^V In answer to this request, the French Charg^ d'Afi'aircs forwarded, ou the 18th May following, to the Minister of Foreign Affairs in B.ingkok, the text of 'Rules of Procedure to which some slight alterations were made bj- mutual ^^onsent and which were finally adopted on the '26th May. ^K These Rules are the following : Rules or Pkockodkb to bk followed bepoee the Franco-Siamese Mixed Court APPOlNTlil) TO JUDGK THE PhRA YoT AfFAIR. la i 1. Three days at least before the opening of the sittings, the Act of Accusation drawn up by the Public Prosecutor shall be notified to the Accused. 2. The Court shall sit on the day and at the hour appointed by the President for the opening of the sittings, in a room of the Frencli legation. 3. The Judges, the Witnesses, and the Accused not speaking the same language, the President shall appoint interpreters who shall be duly sworn to translate faithfully the words to be conveyed to those who speak different anguages. 4. The Accused, assisted by his Counsel, shall appear free and only accompanied y guards to prevent him from escaping. The President shall ask him his name, age, profession and the place of his birth' then shall warn him to bo attentive to what he is about to hear. Immediately after, the President shall order the Recorder to read the Act of Acausatioa. The Recorder shall read it aloud. I (1.) Convention of 3rd October, 1893, Art. III. "The authors of the outrages of Tong Kieng " Kham and Khaui Muon shall he tried by the Siamese authorities ; a Representative of France "shall he present at the trial, and watch the execution of the penalties pronounced. The " French Government reserves to itself the right of appreciating if the condemnations are sufficient, " and, eventually to claim a new trial isefore a Mixed Court, whereof it shall determine the composition." (2.) President : M. Mondot, President of the Court of Appeal of Hanoi : Judges : M. Camatte, Counsellor of the Court of Appeal of Saigon, and Fuynel, Procureur de la Rcpublique at Mytho; Pubhc Prosecutor : M. Durwell, Procureur de la Republique at Saigon, orft-y 5. The Public Prosecutor shall lay bafore the Court the grounds of the Accusation and shall afterwards' give a list of the witnesses called both by himself and by the accused. This list shall bo read aloud by the Recorder. 6. The President shall order the witnesses to withdraw to a room prepared < for them. They shall not leave this room exco^st to give their evidence. 7. The A-'cused shall be examined, then the witnesses sliall be heard, after having been sworn before this Cuart to say all tlio truth and nothing but the truth ; the llecorder shall note tliis as well as their names, professions and residence. 8. After the evidence of each witness, the President shall ask tlie Accused if t * he wishes to answer to what lias just been said against him. It shall not be allowed to interrupt the witness ; the accused or his counsel shall be allowed to put him questions through the President, after he shall have given his evidence, and to l?iy before the Court anything against the witness or his evidence that might bo useful to the defence of the Accused. « ' The President shall also have the right to ask from the witness or the accused any explanation he shall deem necessary to discover the truth. The Judges and the Public Prosecutor shall have the same facility aft^ir they have asked the President's leave. 9. During the whole course of the trial, the President shall have tlie right to hear all witnesses and to obtain all information which he shall deem necessary to discover the truth. • 10. After the hearing of the wionesses and the observations to which their evidence may have given rise, the Public Prosecutor shall be heard, and shall develop before the Court the circumstances upon which the accusation is based. .The Accused and his Counsel shall have the right to answer. The Public Prosecutor shall be allowed to reply but the accused or his Counsel shall always have the right to speak last. * The President shall then declare the debates closed. 11. The President shall put the questions arising from the debates in these words : "Is the accused guilty of having committed such a deed, with all the circumstances con- tained in the Act of Accusation." Then ho shall put the question of extenuating circum- stances. 12. After the questions shall have been read by the President, the Accused, his Counsel, and the Public Prosecutor shall bo allowed to make any observations, on the way the questions are put, which they will deem fit. If the Public Prosecutor or the Accused object to the way in which a question is put, the Court shall decide on the merits of their objection. 13. The President shall then order the Accused tp retire, and the Court shall with- draw to the Chamber of deliberation to deliberate upon the solution of the questions and the punishment to be awarded. In case of Condemnation the punishment shall be inflicted according to the following rules, viz : Art. 1. — Homicide committed vjlnutarily is called murder. Art. 2. — Any murder committed with premeditation or ambush is termed assassination. Art. 3. — Premeditation is the desigrf formed before the deed, of committing an offence against the person of a certain individual, or even of any individual that will be found or met, even were this design to depend on a certain circumstance or condition. Art. 4 — Acccomplices of a crime or an oflenco shall incur the same punishment as • the authors of such a criuie or ofl'euce, except when the law will havo disposed otherwise. Art. 5. — Shall be punished as accomplices of an action termed crime or o^ence : * Those who by gifts, promises, menaces, abuse of autliority or power, culpable machina- tions or artifice, shall have provoked such an action Those who shall have procured arms, instruments or any other means employed to commit the action, knowing that tliey were to be employed to commit it ; . I — 5 — Those who knowingly shall have aided or abetted the author or authors of the . action, in the facts which led up to, or facilitated or prepared it, or iu those that completed it Art. 6. — Those who knowingly shall have received all or part of any things stolen, * embezzled or obtained through a crime or an offence shall also be punished as accomplices of such a crime or offence. * Art. 7. — However, when capital punishment shall be applicable to the authors of a crime, it shall be replaced with regard to the receivers, by iiard labour for life. Art. 8. — Whoever shall bo guilty of assassination, parricide, infanticide or puisoning shall incur capital punishment. Alt. 9. — Murder shall be punished by death, when it will hav^ precedeil, accom- panied or followed another crime. Art. 10. — Whoever has fraudulently taken away a thing which does not belong to him is guilty of theft. > Art. 11. — Whoever shall have voltuntarily set fire, to edifices, vessel, boats, stores, * \toodyards, when tliey are inhabited or are used for habitation, and generally to places inhabited or used for habitation, whether they belong or do not belong to the author of the crime, shall be punished by death. Art. 12. — The penalties edicted by the law against the one of those of the accused who will have been deemed guilty, but iu whoso favour will exist extenuating circum- stances, shall be modified as follows : If the penalty edicted is death, the Couit shall apply the penalty of hard labour for life or hard labour for a time. Condemnation to hanl labour for ?l time shall be inflicted for five years at least and twenty years at the most according to the appreciation of the Court. -3.==^.fgJ§c=-e- I ^> %\t P^keb Jf;t'Ettxo=^kme$c Court SUMMARY. Accused. AFFAIR OF KHAM MUpN.(KIENG-CHEK) SEICOISTD PART. The Tbial. t First Sitting, Monday 4th June, 1894. —Preliminary i)roceedings. — Rending of the art of accusation. — Examination of the ■ f The sitting is opened at 8 A. M. The Court is composed of M. Moudot, President of the Court of Appeal of Hanoi (President) and four Judges, namely : M. Cammatte, Councillor of the Court of Appeal at Saigon, M. Fuynel, Procurear of the French Republic at Mytho, Phya Maha Amati Thibodi and Phya Kassem Sukari. M. Durwell, Procureur of the Republic at Saigon appears for the prosecution, and M. Duval of Saigon, instructed by M. Tilleke, the Accused's Solicitor, appears for the defence. M. M. Hardouin and Xaviet- sit on the bench as interpreters. Also appear as interpreters M. M, Paul^Nhu, Nai Yem, Nai Arouu, Khun Borivan. The President reads the Article of the Convention constituting the Court. He calls for the Accused Phra Yot and demands his name, age and profession. Then the President states the charge upon which the accused is arraigned and explains that the Court is assembled to faithfully, religiously and independently fulfil its duties with strict regard to Justice and equity. The statement is translated to the accused by M. Xavi^r. Phra Yot is then accom- modated with a seat and the Act of Accusation is read by the Recorder in French, and afterwards in Siamese by an interpreter. Act of x\ccusation. The Procureur of t'.:e Republic acting as Public Prosecutor in the Mixed Court of Bangkok ; Considering the steps of procedure followed against the accused, Phra Yot Muang Kwang ; Considering Article 3 of the Franco-Siamese Convention of the 3rd October 1893, Has the honour to state as follows : About a year ago, during the day of June 5th 1(893, the Inspector of Militia, Gros- gurin, ordered to escort the Siamese mandarin Phra Yot Muang Kwang from Kham Muon to Outhene, disappeared at Kieng Chek, with tlie greater part of the Annamite militiamen who composed the small detachmeut placed under his orders. The circum- stances which preceded and lead up to that unfortunate event, and those which accompanied and followed it may be summed up thus : — For several years now the Laotian provinces of the upper Mekong, situated on the left bank of the river and forming pa^-t, from time immemorial, of the Empire of Annam, placed under our protection, had been invaded by the agents of the Siamese Government; amongst the most important of these territories is the province of Kham Kurt, which formed till 1893 the two districts of Kham Cot and Khain Muou, both administered by Annamite mandarins. About that time, Siam," taking advantage of the troubles of the Court of Hue, believed herself strong enough to assume authority, and commenced to establish herself in the regiou ; in fact in 1886 the Siamese mandarin Phra Yot \yeut and officially occupied, in the capacity of Khaluaug, the post of Kham iluon. That irregular proceeding could not fail to arou.-o the attention of the Government of the French Republic, whicli lost no time in takiug the measures necessary to sufoguard the interests of the protected country. This was the situation, when in the month of , May, 1893, M. Kesideut Luco, of tlio piovinco of Vinli, received from tlie Governor- Geueial of ludo-Chiua the urder to proceed to Kham Muou, liis mission being to nccu])y that post and again vindicate tlio full and free exercise of riglits wliich liad been so little respected until then. On the 18th May, the French delegate presented himself before the fort, occupied by the Klialuang Phra Yot, to resume possession of tiie province in the name of his Government; and on^tho 22ud of t!io sumo mouth, after useless parleying, full of delays and leticence, ho decided to take official possession of the fort. At the same time he notified to the Siamese mandarin, wiioso men had been disarmed to prevent any conflict, that ho was going to accompany iiim to Outheue to assure him a safe protection against the Laotian population of t'.io country who m liis administration had animated with feelings rather unfavourable tj hiuiself : that unpopularity, which Iiad* raised vigorous protestations oa the part of Phra Yot, is ostablilhed by precise aud, detailed facts. An essentially pacific character, then, must be ascribed to the small detachment placed under the orders of Inspector Grosguriu and composed only of 2U militiamen (linh-co), and a Cambodian interpreter nameti 13oou Chan. Phra Yot, at ^rst, agreed to these decisions and on the evening of the 25t!i, the ove of the day fixed for his departure, he addressed to M. Resident Luce a letter the real dignity of which it is impossible to contest, but which implied an engagement oi honoijr. which the writer could not break without being guilty of felony. He handed over, in fact, in the terms of that important document, to the care of the Uepresentativo of France, tlie territory of Khammuon and all its dependencies, as well as its officials and inhabitants, muking only in the nauie of His Majesty the King of Siam, his mastai', the reservations and protesta- tions imposed upon him by his office. He prayed, besides, the Resident to be good enough to transmit his letter to the Goveruments of France aud ISiam, that they might fully examine the legal aspects of the question and arrive at a definite solutiou. Such were the textual terms of that document which constituted a real capitulation, and by which Phra Yot, disclaiming all personal responsibility, formally engaged to take no action on his own authority. It is in these conditions afld under the faith of t!iat treaty, that the small body. of Fran- co-Siamese troops, the one escorting the other, quitted Khammuon on the 2Gth May. After five days' marching, while good feeling between the two officials aud their men did not seem to have ceased, the travellers reached the post of Kieng Chek, situated on the Nam-Hin-Boon, GO kilometres from Outhene, where they were compelled ty wait while the inhabitants got together the boats necessary for transport on the river. M. Grosguriu whom the latter days of forced marching had fatigued, was iu a state of weariness and weakness which had forced him to keep to his bed since his arrival at Kieng Chek. . Prom that moment the attitude and intentions of Phra Yot appear to have changed. He seeks, at first to scatter as much as possible the escort wliich seems to annoy him, aud instead of occupying, with his men, the shelter near the French enc.impmeut which M. Grosguriu had informed him he intended as his residence, ho takes himself ufi' directly to an abandoned Laotian village, near to Kieng Chek, and settles there. The French officer did not seem to attach much importance to tliis first incident, but having learned tlie next day, by his interpreter, that oue of the officers of the detachment,' named Luang Anurak, was spreading alarming reports in the neighbourhood, and sought to alienate the surrounding population from us by auuouuciug an early offensive return of the Siamese troops, he resolved to put an imuiediate end to tint state of things by securing the person of the impostor. With that intention he had himself couducted to Phra Yot's house, and pade that person point out the man ho (Grosguriu) sought, and ordered the militiamen who accompanied him to seize him (Luang Anurak), It is wrong to try to attribute, as has been done, to that euergetic act an aggressive and hostile character; ho acted only with the object of avoiding all motive for a confiict, and to stop, by arresting their author, reports the persistence of which might put au end to the concord which had reio-ned between the two parties until then, Besides, no direct violence was exercised towards the prisoner, no bad treatment was inliicted upon him, and the assaults he com- plains of must be attributed to his own resistance. M. Grosguriu limited himself to retaiuin" him iu tlie house he occupied himself, aud having him kept under observa- * liou, reserving to liiinself on arrival at Outlioue, tlio right to hand him over to the Siamese authorities. This arrest, which the uircumstancos imposed, became a pretext for Phra Yot to still further remove from tlie ueiglibourhood of the French detachment; the same day he sent to Inspector Grosguriu a request that Luang Anurak should be set at liberty, and immediately took advantage of a refusal to retire wjth his party to the rock of Wieng- Krasene, a naturally fortilied position situated about five hours from the village of Kieng Cliek. It is here that he met, 6y chance, as he has dared to say in his affidavit, the Siamese troops from Outhene, at the head of wliicii he was to march on Kieng Cliek. The explanation of tliat chance is found in a document produced to the Court at the first trial, and the importance of which dominates all this action. Scarcely two days after the ■ departure from KliUm Muon, on the 28th May, the accusoil Phra Yot addressed, to the Siamese authorities at Outhene a pressing appeal the terms of which give an exact impression of his intentions towards the small escort of French soldiers whicli accom- panied him. Without makinf,' any allusion to the capitulation he had just signed, ho asked in that letter tliat there should be sent immediately, by forced marches, reinforce- ments with whicii he could take tiie offensive and drive back the French s )ldiers. This act constitutes a ^-eal treason, and is alone sufficient to condemn the one who has committed it. It was on the receipt of that letter that the mandarin of Outhene, Luang Vichit, caused to be sent in the direction of Kieng Chek the two detachments which joined Phra Yot's party at the rock of Wieng Krasene ; the instructions written, although not signed, which can be read on the back of the document, and the declaration of the officer Nai Tooi who alludes to liaving had communication of the document before his departure from Outhene, leave no doubt in that respect. Thus we arrive at the very day of the outrage. On tlie morning of the 5th June, Phra Yot's little troop, ro-inforced by the two detachments commanded by Nai Tooi and Nai Plaak, took the way to Kieng Chek : one can reckon, even relying on the statements of the Siamese officers, on over 100 armed men composing that little corps ; two of Phra Yot's solUiers, previously disarmed at Kham Muon, carrying guns as well. At three o'clock they arrived at Kieng Chek. Almost immediately the fusillade commenced, the fire burnt on all sides, the hut inhabited by M. Grosguriu was not long before it was destroyed, and the unfortunate officer, who had been mortally wounded at the commencement of tiie attack, perished in the flames ; the same fate was reserved to almost all tlie militiamen who accompanied him, and some only escaped by a miracle. Two of them, the Cambodian interpreter Boon Chan, who has since succumbed from the effects of his wounds, and the militiaman Nguyen Van-Khan, also wounded, have been found. After the massacre and the fire, the aggressors organised a pillage, and everything which had not fallen a prey to the flames, arms and effects which had belonged to the French, were immediately transported in the Siaj.nese junks and became the property of the authors of that too easy victory. The affidavits of the two witnesses who escaped from the massacre are absolutely explicit on this point. Finally I must recall hero the odious treatment these two unfortunate victims had to submit to in the course of the long painful jouruey from Kieng Chek to Bangkok ; injuries and humiliations, tortures and menaces of death, they were not spared any of these. Several versions of the facts which liave been briefly touched upon, some of Siamese origin, the others from an Annamite source, have been produced in the course of the inquiry and during the first trial of this affair ; but in presence of the contradictions they disclose, and in default of an enquiry on the spot it is as well to accept that which good sense and the concatenation of circumstances indicate, that which the written proofs pre- viously mentioned more precise and clear than the general and very confused evidence, seem to impose. Grosguriu and his militiamen were the victims of a real surprise, a surprise long premeditated, brutaly conceived and prepared, and if they, on their side, fired on the Siamese troops, they only acted in legitimate self-defence. The real instigator of all this drama is none other than the accuseil, Phra Yot. His previous actions, his presence at the moment of the attack, his direct action on the troops placed by him at Kieng Chek, — 9 - and, at last, the order to fire which he gave, are so many exact facts that his own affidavits establish, and if the accusation has not beeu able to prove, from lock of im- raediato inquiry, liis dii'ect participation in the assassination of Grosguiiu, there aio nevertheless laid to his charge the facts of undeniable complicity by aid and assistaoce, complicity by instructions given, for which complicity he incurs a responsibility even greater than the author of the crime. It is in vaiu, therefore, that Plira Yut should seek to iuvoke for his acquittal a letter which was addressed to him from Nongkliai under the dace of 20th May, by Luang Vichit; this docuuient and the instructions it contains arc anterior, to the events of Kham Moun, and cannot refer thereto. It is in vain also that he has pieteuded, foi' his defence, tiiat Ids first intentions, on his arrival at Kieug Chek, v.-ere of an absolutely pacific character, that he only camo* there as an interceder for the liberty of Luang Anuiak : it is well-known what was the result of these pretended negotiations, carried ou at tlie head of a verilahle sm-iU army. Consequently: Tne accused Phra Yut Muang KwsAig, about 40 years of age, Siamese mandarin, formerly Royal Commissioner at Kham Muon aud Kham Kurt, born at Nakon Swan (Siam), residing at Bangkok, is accused : L Of having, at Kieug Chek (province of Outhene), ou tiie 5th June 189-3, been an accomplice in a wilful homicide committed ou tlie pei'sou of tlie Inspector of Militia, Grosguriu, a French officer attached to the Annamite province of Viuh, in provoking by culpable machinations and artifices, to the said Iiomicide ; in giving himself to the author or authors, instructions for its committal ; in procuring arms and other means of action. knowing tlioy would be used for that purpose and in aiding and knowingly abetting the authors in the acts which prepared, facilitated, and consummated it. With this circumstance that the said homicide was committed with premeditation. 2. Of having, under the same circumstances of time aud place, and by the same means enumerated above, become accomplice of the crime of wilful horaicido committed on the persons of divers Annamite militiamen aud of the Cambodian interpreter Boon Chan. • With this circumstance, that the said homicides were committed with premeditation. 3. Of having, under the same circumstances of time and place, been an accomplice in divers thefts of personal property, effects and apparel, arms aud munitions, committed to the prejudice of the same and of the Annamite militiaman Nguen van Khan aud knowingly concealing all or part of the articles stolen. With this circumstance, that the said theft's have accompanied and followed the two crimes of homicide above specified. 4. Of having, under the same circumstances of time and place, been an accomplice of the crime of wilful incendiarism of divers Laotian huts used for habitations, in giving instructions for its committal and knowingly aiding and abetting the authors in the acts which prepared, facilitated and consummated it. All acts constituting the crimes and complicity in crimes provided and punished by the provisions of the Articles of the Penal Law enumerated by the rules of special proce- dure in the trial. Given at Bangkok, the 27th May 181)4. Le Procureur, (signed) Georgk Dukwell. The President then asked the Public Prosecutor if lie had any questiouss to ask concerning the evidence to be produced or the .witnesses to be heard. M. Duryell replied asking that certain witnesses should be hoard aud that the letters written by Phra Yot to Captain Luce on May 2oth aud to Nai Um on May 28th aud the letter by Luang Vichit to Phra Yot on May 20th 189J, should be read. The Court consented to tiiis course. The President then proceeded to examine the Accused. Before putting any questions to Phra Yot, the President reminded him that he was now before a Tribunal of another race, of another religion, but hu might feel assured that he was before a Court just, honourable, and ready to do full Justice to him. 10 -^ The Fresident: You have been for mauy years Royal Commissioner on behalf of His Majesty the King of Siamj in the province of Kham Muou ? A.— Yes. Q. — You have governed that district to the best of your ability ? A.— Yes. • Q. — According to a document written by Capt. Riviere, the inhabitants were not friendly to you, and you made exactions from them ? Accused denied having made any exaction. Q. — You were in Kham Muon in 1893 when Capt. Luce was ordered to take over , that territory as belonging to Annam ? A.— Yes. Q- — You resisted him several days, but finally you wrote a letter handing over the territory. It was signed Phra Yot Muang Khuang. (Tlie letter was i"ead to the Accused)? The text is as follow : "I, Phra Yot Muang Kwang, Deputy Commissioner of the Districts of Kamkurt and Kham Muon, write this letter, to you the French Commander: I hereby commit to your care the territory of Kamkurt and Kham Muon with the interests therein contained, while making formal declaration of our continued absolute lights over it. " Siuce His Royal Highness Prince Prachak Silparkom ordered me to come up to administer the district of Kamkurt and Kliam Muou, (territory which touches on the Annamite frontier at the Post called Tar Mooa) I have taken charge of tlie district and of the sub-otlicials and tlie inhabitants of various nationalities in it, in peace, prosperity and justice. "But alter many years had passed, on the 23rd day of May in the year 112 of the Siamese era, you, and four French officers, having under you more than two hundred soldiers, came and plundered my stockade and caused your soldiers to come and surround and'seize both myself and ray officers and my men, and pushed and thrust us forth by force of arms and drove us out of our stockade and would not permit me to stay and carry out my official duties and look after the interests of "my Government, accordinn; to the orders of His Most Gracious Majesty, who is my Sovereign. "You refused lo let me stay, and thrust out both me and my officials and my soldiers. "I now beg to commit to your care the territory, with the sub-officials, the inhabitants and the Siamese interests therein, (while making formal declaration of our continued ab- solute rights over it) until such time as I shall receive any instructions, whereupon I shall arrange the measures to be taken subsequently. "And I require you to send this letter to be laid before the Government of France and the Government of Siam, so that the matter may be examined into, and a decision may be arrived at, and that territory may be returned to Siam, which history and tradition have shown to be hers, and to have been administered by her, until now from the beginning. (Signed), Phra Yot Muang Kwang." Accused acknowledged having written the letter. Q. — You reserved the right of Siam to the territory leaving the decision to both Governments. A.— Yes. Q. — FrovisioHallij you evacuated the territory, and you confided formally the territory to Captain Luce, provisionallij in favour of France ? A. — I felt that I was evicted from Kham Muon by force and I handed over the territory under protest. Q. — After writing the letter to Capt. Luce you started for Outhene ? A.— Yes. Q. — You had an escort of 20 Annamites under Inspector Grosgurin ? A.— Yes. Q. — Seeing that Grosgurin was stricken down by illness and that his party was weaker than yours, did you mean to treacherously attack him and use reprisals against tim wlien you sent this letter of May 28th to Nsli Urn ? — — 11 — The letter was then read. The letter is as follows : — " I, Phra Yot Miian<>- Quaiiy;, Deputy Commissioner of Muang Kam Kurt and Muang Khaiii Muou, send this letter to Niii Roi To Nai IJm, Commissioner of Tar Outhenej and iufonn him that the French with 20 soldiers are coming to take me down to Tar Outhene, and we have readied Ban Plia Muang'. Let Commissioner Nai Roi To Um prepare arms and send them up, so that my meu may also be fully armed, as the arms belonging to my party have been confiscated by the French. If the French io not listen to my protest, I with my officers and meu will join together to resist them. IE the French are allowed to bring me down as far as Outheue tlie French will develope a mucli more hostile and high-handed attitude and seizie the territory belonging to Siam on the Mekong, aud thus the honour of the King will be tarnished, aud blame will certainly . fall upon you aud me. I have only about 10 men, but 1 am resolved to serve His Majesty will all my power. I request you therefore to send me soldiers and men. Let them march by day and night, and if they ariive, the King's enemies will not be able to adopt so high-hauded an attitude towards ns." , Q. — How did you come to write this letter to Luang Vichit, three days after having professionally handed over the teriitory to Capt. Luce, speaking of your patriotism, and urging that steps should be taken to drive out the French, especially as you were travelling in the same direction as your letter ? At all events Capt. Luce might have expected that you would be sure to keep the peace until the two governments had agreed about the territory. How could you act as you did without committing treason '•' M. Duval, Counsel for the defence, here objected that Phra Yot was unable to follow the Court. He objected to the construction placed upon certain words i.e. "handing over." M. Xavier, intei'preter, then repeated the question. Accused answered that there was a custom in the country that when anyone handed over pi'operty under protest, an attachment was made, representing the right to again enter into possession of the property ' * M. Duval. Phra Yot strictly followed Siamese law. Q. — Why did you first hand over the territory under such an attachment, and then write such a letter to Luang Vichit ? A. — I was compelled to write the first letter. I had the feeling that I was evicted by force, but I did not intend, in the letter, to give up the territory. • Q.-^Notwithstanding that you had left the territory and that you had written for instruction, did you think you still had power to write for soldiers to come and assist you? Accused said that under the reservation he made in writing the hrst letter, he thought he was justified in writing to Luang Vichit. . . I'he President. The Court will note the valeur morale of this mental reservation. Q.— You followed the course of the river Nam Tlin Bonn and stopped at Kieng Chek y A.— Yes. Q. — Did Grosgurin explain to you why he arrested Luang Anurak? A. — He told me because Luang Anurak had spread certain alarmings rumours at Kham Muon that the Siamese would return in force. The President. Grosgurin had a perfect right to arrest Luang Anurak after that, in self defence, for he was in an unknown country aud only had a handful of meu whose fidelity was doubtful, Q. — The day after the arrest you left fo/ Vieu Kraseue where you found reiuforce- ments whicli had been dispatched in consequence of your letter of may 28th. Why did you return to Kieng Chek ? A. — To ask for the release of Luang 'Anurak. Q. — Considering that France and Siam were not at war at the time, why did you take such a largo body of meu to ask for the release of Luang Anurak, seeing that Grosgurin and the Annaraites were living in private houses? A. — I had not at the time the least intention of attacking Grosgurin. I simply went to ask for the release of Luang Anurak. , — 12 Q. — It is quite impossible to believe that Grosgurin who was sick and whose party was the weakest would be first to attack. The Siamese witnesses have stated that there were at least 100 men surrounding the house. A. — I have already stated there were not more than 50 or 60 men, and the witnesses must have been mistaken. Q.— Grosqurin was very ill and it is quite incredible that he should have fired upon peaceful men, without any provocation. What can you say to that ? according to your own version Grosgurin began the firing. A, — Grosgurin's party commenced firing and killed Khoon Wang, who was sent up to ask for Luang Anurak's release. Q. — Supposing they did fire and kill one of your men, you killed 15 of theirs. You say yourself you had 50 men when you left Kham Muon and there wei'e 50 others with Nai Tooi and Nai Flaak. That makes 100. A. — My men were only 15. Q,. — How can you explair that Boon Chan and the Annamite soldier, who were examined separately, both give a different version to yours, and say that Grosgurin was sick in bed and the A unamites were expecting no aggressive action at all? They both state that you came with a numerous troop and that the Siamese commenced firing. It is impossible to suppose that these two witnesses shonld have agreed together seeing that one was examined at Bangkok and the other else where. Accused answered he could not help their having told such a story. Q. — What interest had Boon Chan in saying what he did ? You are an influential man in a high position and a poor man like him could have no interest in charging you with such an action ; The charge is then that Grosgurin was assassinated in a cowardly manner, that the utteutal was directed by you, Phra Yot, and that you are the author or accomplice of the crime. M. Duval. I would ask that the cirsumstances of Phra Yot's meeting with Nai Toi and Nai Plaak be related; what was agreed upon between them, whether the officers had orders from Vichit and if Phra Yot saw those orders. ^ccuserf answered this question saying : When I« met Nai Plaak and Nai Tooi they showed me their orders. M. Duval. And you sent Koon Wang forward to ask for the release of Luaug Anurak ? Accused hero stated that after Grosgurin had been told that peace would be brokeuy Luang Anurak jumped from the verandah when immediately a shot was fired from the house which killed a soldier from Korat. Several other shots followed and two more men. fell before the Siamese began firing. The men of Grosgurin were arrayed at the foot of the stairs. Grosgurin was above. The President. That version is difiicult to believe, all the witnesses have agreed that this was not so, in their depositions in Saigon and Bangkok. The public Prosecutor, Did M. Luce tell the accused the motive of the escort ? A.— No. The Public Po'osecutor . Was the accused in any way troubled during the march ? A. — In leaving Kham Muon we were between files of soldiers. Our men were partly Laotians, partly Siamese. After the first shot I shouted: " let us talk, it is not too late." ThePresident. Did you give the order to fire ? A. — I said, do what you like. TJie President here read a report from M. Garanger, made after an enquiry at the spot which read as follows : s The report read as follows ; — On arriving at Kieng Chek, the Inspector took up Iiis quarters at some hundred metres from Phra Yot. Fearing that Phra Yot miglit play him some trick, M. Grosgurin sent some one to fetch Phra Choun, Phra Yot's subordinate, the next morning that he . might keep him near him until a sufficient number of boats were got together to descend to Outhene. Phra Yot made no observation. Phra Yot came to see the Inspector and told him, in a friendly manner, that he was going down to Thong Lam, to await him there, which is a day's journey on the Nam-Hin. Boun and Phra Yot left immediately — 13 with his disarmed men. Three days afterwards he received three hundred Laotians sent by the Governor of Lamabouig ami of Oiilhene, with ten Siamese commanded by Nai ■ Van, come from Nonj; Kai, at tlio request of Plira Yot, made on the eve of his departure from Khammouu. On the third day of the moon of tlie seventli month, towards nine in ^ the morning, the Inspector was sittiug on ilic verandah of the house built on piles, dressed only in his vest and pants, whpn the sub-lieutenant saw a strong armed band appear before him, while Nai Vau and six other Siamese were coming directly towards the bouse. The Inspector did not seem to understand anything about the arrival of this band, and his interpreter, Boon Chan, liaJ gone to seek victuals at the neighbour- ing village. In spite I'f the ten Annamite militiamen wlio were standing at the foot of the ladder, the seven Siaiueso were able to come close up; from his verandah the Inspector attempted to carry on a conversation, but without his iuterpreter it was impossible for him to understand the new comers. He then made a sign to the Siamese to ascend to the verandah. Grosgurin was then standing on tiie threshold of tiie door communicating ^ith his bedroom and the .verandah, loaning with oue hand upon the dooi-post. Nai Van tlun gave the Inspector to understand that ho must give up t^) him Phra Cliouu, if he did not he would hive to ' take him by force of arms. Grosguriu replied that he would give up Phra Choun as soon as he arrived at Outhene. During this explanation Phra Olioun jumped out of one of the openings and ran away. Plira Yot, who daring the parleying had caused the house to be surrouaded, seeing his subordinate out of danger, cried " fire, fire." The ten militiamen were killed ou the spot. The Inspector dropped back, his body being in his bed room. Nai Van himself received a Siamese bullet in his stomacli (of whicli he died). The militiamen had only time to fire three rounds. The intarpreter, Boon Chan, on hearing the firing came up at a run, and as soon as he c&me in sight he received two bullets and was immediately seized. Did the Laotians fire? Yes, many of them; they weve obliged. Phra Yot was among them with his revolver in his hand, threatening to kill those who did not fire. Phra Yot then set fire to tke house, in which the body of Grosgurin lay, and then immediately ordered his men to emb#i"k for Tong Lam. He returned three days after- wards to instal himself at Kieng Chek and. at the same time, to inter the I'emains of the Inspector and Phra Yot's subordinate, Nai Van. (Signed) Gabanqer. .• Outhene, 24th May 1894. I One of the Siamese Judges endeavoured to make accused comprehend the purport oTfthis but the extempore translation not being very successful the accused could not reply thei'eto. The Court therefore adjourned tU 8 o'clock on Tuesday morning. 14 Second Sitting— 5th June, 1894. SUMMARY.— Examination of the witnesses for the Prosecution. Nyugeu Van Khan was the first witness called. ; 21ie Preddent. — What is your name, age and profession ? A. — Nyugen Van Khan, Annamite militiamen. Q. — You are neither related nor connected to Phra Yet ? A.— No. Q. — Raise your right arm and swear to speak the truth and nothiug but the trutlr. A.r— I swear. Q. — Tell us what you know of the affair of Kieng Chek. You were in the service of M. Grosgurin. Tell us what you have seen. A. — I went with the accused from Kham Muon to Kieng Chck. Q. — Give us all the particulars. How many of the killed went from Kham Muon to Kieng Chek ? A. — I do not remember. Q. — Tell us what happened there ; what you have scju. How many days did you stay at Kieng Chek before tbe a«e)(