HC Deb 13 June 1870 vol 201 cc1942-3
MR. FINNIE

said, he wished to ask the Under Secretary of State for Foreign Affairs, If any further information has been received at the Fo- reign Office, since the 20th March last, respecting the fate of the crew of the "Mary Hamilton," who have been detained in prison in Bio de Janeiro on an unsubstantiated criminal charge, since the date of their trial and acquittal on the 20th December 1869?

MR. OTWAY

replied, that the matter referred to by the hon. Member had been made the subject of various communications addressed to Her Majesty's Minister at Rio. The facts of the case were these—and he hoped his statement would be received by the hon. Member for Greenock (Mr. Grieve) as an answer to his Question on the same subject, which appeared at greater length on the Paper than that of the hon. Member for Argyllshire (Mr. Finnie). On the 26th March the crew of the Mary Hamilton were arrested at Rio, at the instigation of the British Consul, on a charge of mutiny and of having murdered their captain. At the inquest several witnesses were examined, some of whom were Englishmen and captains of ships in the harbour. The statement made by the murdered man when he was dying was read. The result of the inquest was that the prisoners were put upon their trial, and were acquitted. It appeared that, according to the Brazilian law, the Judge of a Criminal Court, if dissatisfied with the verdict in a particular case, could direct an appeal to another Court; and in the present instance he had exercised such power, the Judge being of opinion that the statement of the dying man was deserving of much more reliance than the conflicting testimony of the witnesses examined. The men were, therefore, awaiting a new trial before a new Judge, which trial was to take place in the course of this month. The delay in the hearing of this case before the new tribunal was occasioned by the fact of seven other cases of importance standing for trial before this one; and also was caused by the difficulty of getting together a jury. But those difficulties having now been nearly surmounted, there was no doubt that the trial would take place without any further delay.