the evidence of unexceptionable Mussulmen, who can swear to having seen the deed perpetrated, in addition to the deceased's dying declaration and his slayer's confession; the whole being followed up and completed by a simple oath from the prosecutor before the Cadi; these and other peculiarities of the Hanefite system allow so much latitude to the accused, that cases brought under it for murder are represented as seldom coming to an end, and almost never to a conviction. But to convict by the Maleckite law, the properly attested depositions of the deceased when dying is sufficient; and after a public opportunity being offered to show cause against it, should it not be overthrown, an oath fifty times reiterated by the prosecutor in the most sacred mosques, seals the criminal's fate, and is succeeded by his

execution.

A rumour was spread abroad that, upon the present occasion, the Hanefite system would be adopted, because through it great lenity and opportunity would be offered for the criminal to escape punishment by the Bey, thus satisfying several of the Consuls, while at the same time his Highness would have duly judged the slayer of a Mussulman, thus satisfying the treaties. It was even hinted that there was some secret understanding to that effect between the French Consul and the Bey.

At length on Wednesday, the 27th of March, the day of trial arrived. In one corner of an apartment of the Goletta Seraglio, or palace, close to the wall, was a large divan, upon which sat his Highness the Bey, and on his left, at a little distance, Sir Thomas Reade, the Consul of Great Britain ; on a line with Sir Thomas was a row of chairs, occupied by the officers of the British frigate and of the British steamer, then in the harbour; and by the British Vice-Consul and the Chancellor of the British Consulate. At the right of the Bey, the Sheik Cadi (or Supreme Judge of the Sharah

Sacred Equity) of the Mussulman law, sat in a chair; a little in front of which stood the principal writer, or recorder, of his Highness. Next after the Cadi was Signor Raffo, standing, and by his side the three defenders, or attorneys, Signor Trason, J. B. Bottini, and Monsieur Payan. Near them stood Monsieur Eugène Lombard, their interpreter ; the rest of the apartment was crowded with officers of his Highness, and several of the most respectable Maltese, who had entered in the suite of the Consul, and among whom were Signors Bonanno and Azzopardi. The proceedings were opened by his Highness, the Bey, who said, with great dignity: "Where is the person named Salah el Kasantini, the attorney of the accusers of the deceased Yousseff? Let him be brought in." Salah el Kasantini is brought in, and remains standing. "Let the accused appear."

The Bey continues :

Paolo Xuereb enters. He is preceded by one of the Bey's military officers. At each side of Paolo is a Moorish soldier, his right hand on the hilt of his sword, his left on the prisoner's shoulder. Four Moorish soldiers are behind with guns and fixed bayonets. The prisoner's hands and neck are free, but a heavy chain goes from a ring around each ancle, to a larger ring circling his waist, whence hangs another chain behind, and at the end of it an immensely large and weighty iron ball. This ball was borne by a Moorish soldier as the prisoner approached. He looks extremely pale and withered. When he has taken his stand, says the Cadi, turning to the attorney for the complainant :

CADI. Salah el Kasantini, what brings you here? SALAH EL KASANTINI. I am here to make my charge against the murderer of my father. Here is my deposition for substantiating that charge. murderer of my father be punished.

I demand that the

CADI (after having received and read the deposition to himself). This is a deposition taken by two notaries in whom entire confidence can be placed, and whose names are Abi Abdalla, Mohammed Kawagy, and Abi Amr Othoman Ftata. It sets forth that Baba Yousseff was shot by Paolo Longar,* and is dead. (Turning to the accused). Is your name Paolo Longar?

PAOLO. Yes.

CADI. Do you know these notaries?

PAOLO. NO.

CADI. Have you anything in any way to allege against them?

PAOLO. Nothing. I do not know them.

CADI. Paolo Longar, you are accused of having slain Baba Yousseff Ben Abdallah. Did the deceased die by your hand, as declared in this deposition?

PAOLO. I am innocent.

CADI. Have a care.

to decide upon your case.

You know that the law is about

You are aware of its severity.

You know that Baba Yousseff was wounded-was ill in consequence of his wounds, and remained ill till he died? PAOLO. I do.

CADI. Was it of the wounds thus received that Baba Yousseff died?

PAOLO. Certainly not; the doctors caused his death by thrusting their hands into him.

* The Moorish proceedings throughout call the accused Paolo Longar, while the English ones call him Paolo Xuereb. On inquiry, I learnt that Longar was a sort of familiar title, approaching to what we understand by the word nickname, but not given like nicknames in ridicule, and by which Paolo was and is universally called among his associates. It is also the only one by which he has ever been known to the Moors, though his real name is Xuereb. It will be seen that he answered and answers equally to both.

VOL. I.

U

CADI. Baba Yousseff declared that the wounds which have been spoken of were inflicted by you— were they?

PAOLO. I repeat that I am entirely innocent.

CADI. Well then, if you are innocent, make your defence by exhibiting your proofs.

PAOLO. I have my lawyer for my defender, who will speak in my name.

[SIGNOR JOSEPH TRASON then came forward].

CADI. Do you in truth appear as the defender of the accused?

TRASON. I do.

CADI (to PAOLO). And as such do you acknowledge him?

PAOLO (low bowing his head). I do.

CADI (to TRASON). Then, as the defender of the accused, speak freely.

TRASON. First let me observe to the Cadi, that I know not by what means I am brought before him. I know not by whom it is that I am accused. True, I have received a paper in these words: ́

"PAOLO XUEREB,

"You are charged with having premeditately, and by means of a fire-arm, wounded, and caused the death of Yousseff Ben Abdallah, dragoman of this British Consulate-General, and subject of his Highness the Bey of Tunis, on the 11th of December, 1843, at about the hour of ten, A.M. And you are summoned to appear before the Criminal Court of his Highness the Bey, to make your defence, and to receive your trial for the beforementioned murder of Yousseff Ben Abdallah, on Tuesday, the 12th instant, when I, as your Consul, will be present

to see that you be fairly and duly tried, according to the treaties stipulated with this regency, and you are also allowed the assistance of whomsoever you may choose as your defender.

(Signed)

"T. READE.

"British Consulate-General, Tunis,

"March 4th, 1844."*

But to a mere writing of this sort, even had it been rendered official by the Consular seal, which it does not bear, what can I reply? What is there in it upon which any defence is to be founded? And how is it that such a paper can bring me here?

BEY. Paolo Longar is accused upon the declaration of Baba Yousseff Ben Abdallah, who averred, when dying, that his murderer was Paolo Longar, and thereupon the family of Yousseff bring their complaint.

CADI. Paolo Longar is accused upon the declaration of Baba Yousseff Ben Abdallah, who averred, when dying, that his murderer was Paolo Longar; and thereupon the family of Yousseff bring their complaint. The Arabian law declares that any one who is charged with murder must be brought to trial, and, if found guilty, condemned.

TRASON. I am aware that there are two sects, each of which takes its own view of the Arabian law; the one called the Maleckite, the other the Hanefite sect. I therefore demand to be heard under the latter of the two.

BEY. No laws can be admitted but such as are in actual use. The Hanefite has, from time immemorial, given up its rights to the Maleckite. Ever since Tunis was Tunis,

*The original is in Italian.