142
THE HONGKONG WEEKLY PRESS AND
[August 21, 1895.
WATERS.
A SUSPICIOUS DEATH. At the Magistracy on Wednesday Hon. H. E. Wodehouse opened an enquiry respecting the death of Lam Wa Po.
P.C. Lam Chi said—At 11 a.m. on the 5th inst. I found the body of the deceased floating in the harbour at Aberdeen. I made a report to the inspector and returned with him and put off in a boat and recovered the body, which was that of a Chinese male adult, and was dressed in a blue jacket, red waistband, and blue trousers. The number 43 was in Chinese characters on the jacket. I took the body, which appeared to have been dead some time, to the mortuary.
Lam Fuk Shan said-I am a boatman resid- ing at Capsuiman. I recognise the deceased as my nephew, and he was 24 years of age. He was a boatman employed in the Chinese Customs and was stationed at Capsuimun. I last saw him alive at 10 a.m. on 1st inst. I was at the time on shore. I saw him fall from a sampan into the water, and I did not see him again.
"stook in trade" and consequently sometimes the being careful on that point is that, while it THE CUSTOMS SEIZURE IN BRITISH goods were of less value than the insurance frequently happens that the state of the con- policy, and sometimes a little more. They tents of the shop is a very pertinent fact of determined the valuation by the general nature material importance when suspicions circum- of the business done. He had inspected stauces exist, the main object of the inquiry is to the premises since the fire, but found nothing ascertain the cause of fire; and unless therefore suspicions at the time. The stock in the shop there are suspicious circumstances I am doubtful was not of the same value as at the time when how far it is proper to use this Ordinance as a it was insured; in his opinion it was much less. handle on behalf of the insurance companies The stock at the time he inspected it prior to the to investigate their claims and to find out through insurance was worth about $10,000 and it was these inquiries what they are to pay and what now worth about $7,000 or $8,000. He renewed they are not. It seems to me rather to be di- the policy in June, 1895, bat on this occasionverting the Ordinance to uses not intended, and there was no inspection of the premises. The to be driving the inquiry into other channels property was insured for three years, but the quite apart from the main intention of the Or- policy was renewed yearly. In answer to his dinance, which is to inquire into the cause of fire. Worship as to whether he considered the Therefore when at times I decline to admit the diminution of the stook was a suspicions evidence, it is always with that feeling in mind. circumstance, witness said he asked at the At these inquiries I must decline to allow it time what was the value of the stook in the to be considered a right on the part of any. shop and was informed that it was worth $9,000. body representing the insurance companies The accuroay of that statement could be ascer or anybody else to start on their own motion tained at any time. He did not find anything an inquiry of this kind. The conduct of the wrong with the fittings, which were insured for inquiry must be left to the Magistrate, and $2,000. The clothes were insured for $600 and he must be left to decide what evidence is were kept in Chinese boxes, these being put in admissible and what is not. The other day Charles Halberg stated—I am tidewaiter in the different parts of the bouse. He did not iu. I had the greatest difficulty in getting this Chinese Customs. On the 1st August, at 10.50 spect the cloths particularly when he insured view adopted; in fact, so pertinaciously was the a... I was in a Customs gig with four Chinese them but made only a general inspection. No opposite argument forced upon me as almost to
oarsmen. We were in the act of boarding the olaim whatever had been made so far with re- amount to disrespect of the Court. I am un-steam launch Hungma, which was at the time ly- gard to the clothes boxes, and in that case it willing to consider that any disrespect was in- ing off Capsuimun Point signal station. We were would be easy to make an estimate of the full tended; I think it was rather exuberance of zeal laying on our oars waiting for the launch to ap- value of the clothes remaining, He could and not from any other reason. But I hope itproach. I ordered one of the men to stand by only find three boxes on the permisos, and these will be seen that if the inquiry is left to the with his boat hook. His name was Lam Po, the were empty. The first floor of the shop was not Magistrate it will be fully and carefully carried deceased. He was looking away from the steam destroyed by the fire. In answer to his Worship out; and to allow any interested party to start an launch and I called his attention to its approach. witness said if a house was insured it was in- examination on his own account is to confuse the He paid no attention and as the launch came up cumbent on the owner to save as much stock as issue and to raise points that may very likely be it touched the boat hook and the man fell over- possible before the fire became too fierce. He found improper to be introduced at all. At any board. He was not seen again. At the time examined the premises with a view to ascertain- time when have said I will decline to hear the occurrence took place he was holding the ing the origin of the fire, but could find no traces. such evidence" I merely say that I decline at boat hook in a more or less vertical position in He did not find anything suspicions until after that point, as at that point it has not been shown front of him. The top end of the launch caught the fire, and the clothes were the only thing to be relevant. It was urged the other day that the boat hook and jerked the man into the water. that he regarded as suspicious. Altogether the the p int rose in cross-examination; but cross- He disappeared immediately. We were close to elothes were insured for $600.
examination must be on evidence that has been the land at the time. previously given and cannot be carried out on points not yet raised during the inquiry. The evidence that has been taken to-day with regard to the property has, I think, satisfactorily dis- posed of the points connected with the state of the property at the time of the fire to the extent of establishing certain facts, but unless they had originated with the Magistrate there is no knowing to what lengths the inquiry might have extended and what other side issues might have been raised. The Ordinance allows people interested to examine witnesses with the permis sion of the Magistrate. I hope therefore that when I refuse to allow certain evidence to be given in that way it will be understood it is not that I object to the inquiry being made complete but that I merely wish to conduct it on proper lines, from point to point up to the final issue. The inquiry is now closed and the premises re- leased from supervision.
The master of the shop was then called and examined by bis Worship. He said he went to the insurance office and informed them that he had piece goods worth $10,000, referring gene- rally to the contents of the shop. On the first floor there was a centre place for goods not so valuable and behind this was a box containing more valuable piece goods, which at times con- tained stock of the value of a thousand dollars and sometimes more. At the time of the fire it con. tained a thousand dollars worth of goods. He had not been in the shop since the fire.
Mr Gedge-I should like to ask some ques- tions with regard to the clothes. I suggest that your Worship should ask whether the clothes belonged to the fokies; of course, we 'don't insure fokies' clothing, we only insure his
own.
The witness replied that he was not in the shop on the night of the fire and did not know who was in the shop.
Mr. Gedge wished to put another question, but his Worship refused to allow him to ex amine the witness further.
The assistant accountant at the shop was then called and said he was in charge of the shop on the night of the fire. Questioned as to the clothes he said he had five boxes himself in the third room on the top floor, and these were included in the boxes which were insured. He valued his own clothes at $500. The boxes were insured for $2 100.-(Mr. Gedge mentioned that the first witness made a mistake; be should have stated that he insured the clothes for $2,100 and the furniture and fittings for $300).—The bores had not been removed since the fire.
Mr. Gedge-Will your Worship ask him-or allow me to-about the proprietor's clothing.
His Worship-You may ask him. The witness, in answer to the question, said the last witness had one trunk and one box of clothes in the shop. Witness himself had ⚫lothing to the value of $500, but that which he was wearing was only worth about $6.
This concluded the evidence and his Worship in closing the enquiry said—I should like to say a word or two with regard to the view I entertain of the Fire Inquiry Ordinance. I dare say it will have been noticed more than once that I entertain considerable doubt of the propriety of introducing examination of witnesses with regard to the contents of shops at the time of fire unless such questions are put by myself. The chief reason that I have for
for
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Dr. Cantlie said-On the 5th August at 6 p.m. I held a post morten examination on the body of the deceased, which was in an advanced state of decomposition. There was a large flesh wound on the outer side of the left leg, and his person was mutilated by au incision with a sharp instrument. There were no other injuries. The wound on the leg appeared to have
an enlargement of been
an old wound. The cause of death was shock combined with hemorrhage. The langs were pulpy with de composition. The appearances were opposed to the idea of drowning. The amputation appeared to have been made during life." I do not think the boat hook could have caused it, but it might have caused the wound in the leg. The am- putation was a perfectly clean cut, and it is absolutely certain it was done intentionally, but it is difficult to say whether it was done before or after death. The idea presented to Mr. Gedge-Your Worship will perhaps allow my mind was that the man had been killed first me to make a few remarks on what you said just and his body afterwards thrown into the water. now as to my conduct in addressing your Wor- I am of opinion that both wounds were inflicted ship the other day. You said that my argu- before death. The upper edge of the wound in ments were forced upon yon to such an extent as the leg was clean cut; the lower part was jagged. nearly amounted to disrespect. I would point out The wound was ten inches long by four and a to your Worship that it matters nothing to me half inches wide. It laid bare the bone to the personally whether your Worship heard that evi- extent of one third its length from the top. In dence or not; I am instructed by my clients and I my opinion it was inflicted with an instrument am paid to come here and make the request, and I
such as
Chinese hatchet, There had been no submit that I did request, with all respect, that attempt to dress the wound, which, in my your Worship would allow the evidence. You re-opinion, was inflicted just before death. I am fused to allow it, and I was prepared for that not able to say confidently that death did not refusal before I came, and I was instructed that take place from drowning. The clothes did not. if you did refuse I was to press, with all respect, show any signs of having been cut through. It arguments intended to change your opinion. I was possible to have put on the clothes after the am sorry your Worship should think there was
man was dead. I assume that the man had first any disrespect; I did not intend it at all, and if been disabled by the wound in the leg. there was, as you said, any exuberance of zeal, it was zeal for the insurance company which I represent in order to prevent fraud and protect the general public.
His Worship-The enquiry is closed, as I have already said, and the premises are released.
It is reported in native official circles at Shang- hai, says the N. C. Daily News, that an expectant chehsien of Hupeh, name Hussng Chien-p'an, has been appointed by the Wuchang high authorities to become provisional manager of the proposed Railway for the province of Hupeb, and that a Railway Bureau will soon be established either at Hanyang or Hankow.
The clothes found on the deceased were pro- duced, and Dr. Cantlie said they did not look like those he saw on the body of the deceased. It was explained by Inspector Hanson that the clothes had been disinfected with Jeyes' fluid and thoroughly washed and dried, and this accounted for their altered appearance.
The Magistrate--I think the police had better make further inquiries. The evidence at pre- sent is very curious indeed.
Dr. Cantlie-May I suggest that you also take Dr. Marques's evidence ?
The Magistrate-Why ?
Dr. Cantlie-To see what he has got to say. The Magistrate-He was not ordered to make the post mortem examination.
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