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PAGE TWELVETHE DAILY GLEANER. SATURDAY, OCTOBER 26, 1Corporal’ In Quaco TrialTestifies He Wielded ‘CatALIBIS FEATURED IN DEFENCE4$THIRD DAY of Portland’s “General Quaco trial” had Corporal** Downer in the witness box telling the court that he had infiicted six lashes on the “prisoner/' Charles Ballon orders from “Major” SearchwelLThe defence marshalled 12 witnesses in an all-da 3* hammering at the Crown’s ease of assault and forcible entry against Cornelius •‘General Quaco”. Martin of the Moore Town settlement and his aides, William Harris and Edward Downer.Witnesses for the defence told the court that under Maroon law, all orders are issued by the Major, even if there is a General living at the settlement. They told the court that the “invasion” of Seaman’s Valley by the Maroons had been ordered pnd led by “Major” Search-well; that none of the three defendants had been at Frances Daure'shouse on the morning of September19 or 20.The case is being heard by His Honour Mr. C. G. X. Henriques, Resident Magistrate fop Portland. The Crown’s case is being directed by Mr. P. E. H, Pike, of the Attorney General’s office. Associated with him are Mr. Owen Dale, Solicitor, and Mr. Cliff Grant, Clerk of the Courts, Mr. K. V. Abendana appears for the accused men.Arising out of incidents which took place at the Maroon settlement of Moore Town and the adjacent district of Seaman’s Valley on September 19 and 20 when per.sons were said to have been unlawfully whipped, imprisoned and made to do forced labour by the Maroons, the accused were originally charged on a nine-count indictment.At the beginning of the trial on Wednesday, the Crown intimated that .counts Nos. 8 and 9 would not be proceeded with. The accused were accordingly discharged on these counts. Later in the trial, on application from Mr. Abendana, the three accused were also dicharged on count 2. William Harris was also discharged on count 7.CROWN’S APPLICATIONAt the end of yesterday’s sitting, formal application by Mr. Pike for a continuation of the trial - into night and/or a resumption on Saturday (today), was opposed by Mr. Abendana on the plea of illness and inability to continue. Mr. Pike said he saw no reason why the Crown should be put to the expense of bringing back a law officer on Monday for continuation of the trial:After further discussion, during which the Magistrate deplored the lack of mutual confidence between both sides and the redundancy of the examination of defence wit-’ nessea by the Solicitor for the defence, he again asked Mr. Abendana to reconsider his request for adjournment until Monday.Mr. Abendana stated the difficulties under which he worked, pointing out that often he did not know what witnesses would say, He therefore had to take his questioning step by step. “In any case.” said Mr. Abendana, “I am too ill to continue tonight, and I am sure I willnot bt able to do so tomorrow.”Mr. Pike: The Solicitor for the defence is so sure he will not be better tomorrow, that I am beginning to get suspicious. *The application of Mr. Abendana was granted and court will resume on Monday when it is expected the defence will close its case.* *DEFENCEOpening for the .defence, Thursday afternoon Mr. Abendana submitted there was no case in Count 2 for the defence to answer. Every witness, including Frances Ouare, was not there on the 20th September. The entry must be with force of arms, and this was not proven. The next point was that there was no evidence that Harris acted ’ with Martin in the assault on Charles Ball on September20 in rq» Count 7.Mr. Pike, for the prosecution, agreed with that point.Hi* Honour intimated to Harris that he would be discharged cnCount 7.Mr. Abendana submitted that Harris should not be convicted on Count 6. re assault on Ernest Roberts. The/fact that he took away his cutlass was not really assault.His Honour said he would notI agree there was no case. It might be | trivial, but could not at this stage ! dismiss accused-. Mr. Abendana said ’ the assault was so trivial that it fell outside an indictment. If that was ail Harris did that day, and nothing else, to Roberts, His Honour could dismiss the count.His Honour said if a case was brought to him on an indictment he could not dismiss it, because he felt it could have been tried before the J ustice.Replying to the request of Mr Abendana that the accused men be dismissed on count 2—forcible ontry —Mr. Pike agreed that he could find no notes of evidence to ,show that such forcible entry was made on September 20.His Honour read from his notes that Frances Duare’s door had been forced from the* hinge. However he sai$f during the adjournment he would consider Mr. Abendana’s request.On the resumption, His Honour stated that he would discharge all three accused on Count 2 of the indictment .MAROON HISTORYOpening for the defence, Mr. Abendana asked permission to read from a history of the Maroons to show that the Maroon had always received orders from the Major of the village.Mr. Pike said although a written history of the Maroons was irrelevant to the case, if Mr. Abendana intended using it as a part of his defence he would have no objection.His Honour said Mr. Abendana’s task was now merely to open the case for the defence.Mr. Abendana decided he would not read the history of the Mar00m* at this point, but might do so later. He then went on to review the evidence against the three accused which he submitted shewed offences of a trivial nature.Proceeding, Mr. Abendana said that Martin or “General Quaco” would tell the court that on the day of the 19th September, he, and a party of Maroons had been out visiting at Cornwall Barracks and other places, only passing through Seaman’s Valley in the afternoon. Martin would also tell that he went to Moore Town as a stranger and was welcomed by ‘‘Colonel” McKenzie (since deceased) and “Major” Search-well. the administrative head of the settlement. He would a!so tell of his being transferred from the Jamaica Infantry Volunteers to the Stony Hill .Industrial. School as an instructor. Subsequently, at Government’s request, he had gone to Moore Town to see what he could do for the Maroons. There, he was elected by the people as “General” or Chief.Winding up his opening address. Mr. Abendana said he would ask His Honour to take into consideration the hereditary laws governing the settlement. Flogging, or imprisoning people, except authorised by Government was a criminal offence; and while he was not justifying such conduct, yet. he would ask His Honour to remember their hereditary laws which the Maroonsstill regarded.QUACO IN BOXAt 2.20 p.m., Cornelius Martin or General Quaco” entered the witness box. After taking the oath, he stood rigidly at attention for five minutes while the trial judge and Mr. Abendana unravelled a legal knot.This being done, Martin proceeded with his evidence, saying:My name is Cornelius Martin, a Maroon and the descendant of aMaroon. X was a member of the West India Regiment from . 1921 to 1926 when it was disbanded. I was a member of the Constabulary from 1928 to 1930: t member of the Merchant Marine from 1939 to 1934; a member of the Kingston Infantry Volunteers 1934 to-1942;. a member of the Home Guard during 1943; military instructor to the Stony Hill Industrial School from 1943 to thetime I went to Moore Town. On the invitation of Colonel McKenzie and Major Searchwell in May of thisyear. Searchwell and Captain Lattibeaudaire. Captain Thompson 1 Maroons) came to me at Stony Hill and discussed the transfer, and I settled permanently at Moore Town on July 8, 1946.ELECTED AS HEAD • At 1 meeting ir. Moore 'Town I was presented to the Maroons and elected in place of Colonel McKenzie who retired to St. Ann. He has since died. Major Searchwell and Colonel McKenzie were at the meeting. I knew nothing about theboundary dispute between Seaman s Valley and Moore Town.HiOn July 18. I was with the surveyor at Moore Town and Seaman’s Valley. Major Searchwell objected to the survey. It was not proceeded withOn September 19. I went to Kent with William Harris. Edward Downer and-Charles Bernard. We left at 6 o’clock in the morning. From there, we went to Cornwall Barracks. We all walked. From there we returned to Kent. At Barracks19 and remaining at Moore Town on ; the Valley had been led by ‘Major’September 20.They went to Kent property where they had lunch and then returned to the Maroon Settlement by way of Seaman’s Valley.When they arrived • at Frances Duare’s gate they met Faustina and Winston Duare. Winston was carrying a cutless. He made as if to chopSearchWeUSix more witnesses will be called by the defence on Monday.F««c1199 WINNERS FORGORDON RICHARDShanded the weapon to the witness on'V;™*! 1° c°mP.!!te hls doubletfeaponHe (witness) took the cutlasa to Moore Town At no time on the 19th did he go with a crowd to Frances Duare’sqentury for the season At Hurst Park this afternoon he brought his total up to 199, when he won the-Lambeth Shakes. He is expected to accomplish this before thepremises He ^never went there at,He took no cutlass from Ernest he wm have ^ 20ij wirine.ailRoberts.Cross-examined by Mr, Pike, .witness agreed that Martin was known as “the Chief ” ”1 am not bound to(s in a•eason for the sixth time in his (career.take orders from Martin, although he Fish Vendors Arrested ForBreceh Of K.S.A.C. LawsDistrict constables employed to the Kingston thd St. Andrew Corporation.Edward Downer, Maroon “corporal” waged a campaign * on Thursday lastagainst vendors for the illicit sale ofis the General.” said witness.Re examined, ’witness said ‘5Qu*co’‘ gave him no orders on the 19tir.we were joined by Captair. George snd 38_year old self-confessed wield- Jfamst venewr, for the iu Smith and William Smith. We r of ^ :,r told of going with the fr'si .p *f.n* th.! ,tr**‘sreached Kent between 9 and 10 o’clock. We met Captain Price and others.I was taken around Kent property by Captain Price and • then returned to Captain Price s home which we reached at 1.30 in the afternoonwhen we had lunch. We. left Kentaround 3 o’clock for Moore Town via Seaman’s Valley. With me were Harris. Downer, and Bernard. From Price’s house to the Davies’ house is about 2 miles. We reached Seaman’s Valley about 4 o’clock Going along the main road I heard Fan-stino Daure shout: “See Quaco here” He had a machette in his hand. He placed it on the ground, came up and held me by my shirt. Immediately behind Fanstino was his brother Winston Daure carrying a machette. Fanstino • said to Winston;—“Don’t chop him!”Winston raised his hand and I caught hold of the machette. I took the machette from him and handed it to Harris. 2 told Fanstino to let me go.He let me go, and I contiuned to Moore Town.-We reached Moore Town about 4,30. While I was at Seaman’s Valley, I saw nobody at Frances Duare’s home. I could see where bush had been billed on that day; I never entered the premises. I never went there in the morning.I LED NO CROWD beating drums and singing on the“Chief’ on September 19 to Cornwall Barracks and Kent. He gave evidence of leaving Kent at about 2.00 o’clock in the afternoon of the 19th for Moore Town They travelled by way of Seaman’s Valley. When they came to a point outside France: Duare’s yard, the “Chief” was ‘ attacked by Faustino and Winston Duare. Faustino grabbed “General'’ Quaco and Winston attempted to chop him with a cutlass. Cuaco disarmed Winston and ordered Faustino to release him. They then continued to Moore Town.STORY OF CATTING'Giving his account of the whipping. Downer said:“At about 3.30 o’clock in the afternoon of the 20th, I saw a party of Maroons entering the Village. “They went to the Chiefs office. I saw Charles Ball with them. “Major” Searchwell told me to “cat” Ball for disobeying orders. He told me. to give him six lashes. I ordered Ball outside. Two other Maroons brought a bench. I told Ball to lie down. I gave him six lashey with -the switchAs a result of the vigilance on the“General” Quaco gave me no ontera to flog Ball. “Major** Searchwell hasalways given orders in thq camp..The defence which is a denial o£ all the charges except the ‘'catting” featured alibi evidence which rcrvrhf * prove that none of the accused were in Frances Duare’s yard zt Szir.'.z.19tfc of September. Aston Gayle was VaHey. Prominent Maroons, includ never assaulted by me. On the 20th irtg “Captains” George Smith -andL ^SL*0 GJB?S °mce in • Hubert Price told of seeing the au-Moore Town. While I was inside theinner room, Gayle came in and askme what they wanted him for. I told him I did not know. He said some Maroons brought him there. I told him to go home. I did not assault him. I never put him to work.Regarding. JOsiah Taylor, he came to my office on the 20th and askedseeingcused at Kent on Thursday September 19. “Lieutenant” Hubert Osborne told of the abeng being sounded on the morning of the 19th for t meeting of the Maroons. From the meeting they marched to Seaman’s Valley, led by “Major” Searchwell They entered Frances Duare’s yard and began billing the grass. Nobody1 interferred with either France* or made similar replies and sent him her sors% Faustina.home. I never put him to work. I sent Harris* with no message to Roberts. Roberts never came to me. I never ordered his arrest. I never ordered him to work.I gave no. orders for Charles Ball’s arrest. I never ordered him to be taken to Moore Town, never ordered him to be taken out and flogged. As far as I know, while I was in my apartment I heard someone say Major Searchwell order six lashes for Ball. I heard when Downer give him the order to lay down. I did not see the Hogging The Maroon custom does not allow me to give orders for a flogging.CROSS-EXAMINED BYMR. PIKEI joined the J.I.V. in 1934, July.JUf v?* cc*rect t0 I joined *in1935. From Frances Duare’s houst soTheodora Wilson, a sister of “Major” Searchwell said the march on Seaman’s Valley had been ordered by the “Major.” Authorised Person, Thaddeus Hamilton, said he had been asked by Frances to help her remove her things as she had heard that the Maroons intended coming to claim Seaman's Valley. Witness said that as early as in August, a march onAsh For INTERN;For DURABILITY anAlso*ODFor all particiEwan D. Mac20 CHUECH ST., KINGSTONXMAS COMPETMoore Town is about a mile. I returned via Seaman's Valley, because the Kent property parallels that road. I was bem in Manchester, .at' Caenwood, I was educated „ at Tre-lawney Town, the Maroon Settlement.I am an Ashanti. The survey wasstopped by Major Searchwell. Whenever the Major gives an order, the Colonel never crosses it. Its a Maroon i custom. I heard that Searchwei: ‘haS Flyer, orders for Balls whipping.To the Court; Searchwell does net like me.briefly re-examinedby Mr. Abendana prior to the afternoon adjournment.The: Court adjourned till 10 a. rr yesterday (Friday).YESTERDAY S EVIDENCEWhen the Court resumed at 10.00 o’clock. William Harris, another of the defendants told of journeying with Downer and ‘General*’ QuacO on an inspection tour on SeptemberCLOSING DATE, MONDAY DE15.15'INPINO ENTRANCE FESSAY ONSHOEThe New ConstitutionThe Gleane £2 2/- for the blt;TT is now two years since Jamaica’s 3,000 and 3,50new constitution came into operation. It was scheduled as provisional for . a period of five years; so that it now has stories with locthree years to run before coming up for ^*ie,s mu/s confirmation or alteration.prize of 11 1/% The storyYY/Z.vajtviei a m* jam KiavnEditor c/o Gllt; marked “Short
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Kingston Gleaner
Kingston, Kingston, JM
Sat, Oct 26, 1946
Page 6
Full Page
Clipped by
Candi R.
FL, USA 26 Oct 2021
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