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under the influence of drink sufficient to make his legs unsteady he would fall more heavily and more directly. Assuming deceased to have received a blow sufficient to cause slight con- cussion, and assuming that he had subsequently got up and moved up Battery Path and then been seized with vomiting, there is no reason why he should not have had such a fall as to cause the injuries received, that is, assuming that he fell down the path. He could not have received these injuries had he fallen when running up the path.
Re-examined--It is impossible to say whether there was a previous concussion.
Mr. Bowley-Supposing dec ased was walk- ing up Battery Path with his stick under his left arm and a pipe and box of matches in his left hand, and the defendent ran up from the back and spoke to him, and that the deceased turned round suddenly and struck at the defen- dant with his right hand, but the defendant dodged the blow and getting in underneath his right arm, struck deceased on the face with his right hand and on the body with his left with the result that deceased fell forward on the left side of his face, could such an injury have resulted?
Mr. Bowley-My friend asks a question as to the supposition of a man being hurt if he fell in a certain way: surely I am entitled to ask what might happen supposing he fell another
way.
Mr. Goldring--I submit that it is not at ull the proper course.
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THE HONGKONG WEEKLY PRESS AND
We went up the path to seo whether deceased was still there, but found he had been removed. I saw blood and a lot of matches strewn about where he had been lying. As I got a little way up the path I first of all met a European woman. About seven or eight yards further up I met a second woman. The first one I mat was dressed all in white, and had no hat. I did not rotice the dress of the second, only that she had no hat. A man followed about three yards behind the second woman After they had passed I looked back and saw all three join' at the foot of the path. The man was in the centre with his arms around their waists, and the women had their arms around him. They all appeared to be jolly. When I went to the identification I failed to recognise the defendant as the man 1 had seen on Battery Path, but his build and features are the same. Going from Battery Path to the eating-house I did not see any European police, neither did I on the return journey.
In cross-xamination-When we saw the man lying on the path we thought he was drunk. I did not notice any vomiting.
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Re-examined-If we had thought anything serious was the matter with the man we should Mr. Goldring-I object to the question. Your have helped him there and then, but seeing him Worship, as it does, not arise out of the cross-lying down, we thought he was drunk. examination.
Sergeant O'Sullivan deposed I was on reserve duty at the Central Station in the early morning of the 17th July. At 1.15 a.m Ì was called to the charge room. There I saw a man in a chair who turned out to be Gunner Sampson. He was unconscious, bad a wound over the left eyebrow, a slight scratch on the nose, and his face was smeared with blood, also his tunic. an
I went to Battery Path with the Indian Sergeant who brought the mau in, and saw a pool of blood on the path, while matches were strewn around it. I also picked up the shoulder ladder produced. With the exception of this pool I did not notice any other blood on the path, on which I remained for 24 hours. Besides the blood I noticed much yomiting matter looked like half masticated ham. There is a about eight yards further up the path, which
good light on the part of the path where I found most blood, and the electric light does not throw the shadow of the trees on the spot. A man standing in front of the H. K. and S. Bank could see people passing the pool of blood on the path. The night in question was clear and the roads were dry.
Mr. Bowley-My friend has started entirely new theory not arising from any evidence put in, and I submit that on that theory I am entitled to put another theory,
Mr. Goldring-I submit, Your Worship. it
is not at all fair or proper.
His Worship I think Mr. Bowley was entitled to put that question in his examination in chief, That being so, I should allow it to be put through the court.
Mr. Goldring-If my friend is going to be allowed to examine witnesses over and over again there will be no end of examination.
Mr. Bowley-I think, Your Worship. I can put the question through the court.
It is a very common practice indeed.
Mr. Goldring-It is not a common practice unless it is done by consent.
His Worship-It is not necessary to have consent, and I think I will allow the question to be put through the court.
Mr. Goldring Will Your Worship make a note of my objection on the grounds that the quest on does not arise out of cross-examina. tion
His Worship-1 will make a note of it, but at present will allow the question. What I have got to decide now is whether a prima facie case has been established against the defendant at the close of the trial. The question of manslaughter is excluded from the jurisdiction of a magistrate.
Dr. Bell answered the questiou in the negative, and the case was further remanded.
DEFENDANT'S STATEMENT. Aaron Ellis was again arraigned before Mr. F. A. Hazeland at the Police Court on Aug. 10. when the hearing of the manslaughter charge preferred against him in connection with the death of Gunner Sampson, R.G.A.. at Battery Path, was continued.
Mr. F. B. L. Bowley, Crown Solicitor, prose- cuted, and Mr. P. W. Goldring (of Messrs. Brutton, Hett and Goldring) represented the defendant.
C. H. Griffiths was next called. He said—1
am a private in the A.0.C. On the evening of Sunday, 16th July, I was at St. Patrick's Club, and left between 12.30 and 12.45 a.m.
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In cross-examination-When deceased was brought to the Central Station his vomiting led ne to think he had been drinking. He also smalt of beer.
Chief Detective luspector J. Hanson, sworn. stated.In the billiard room of the Hongkong Hotel on the 28th ult. I arrested the defendant on the charge of the murder of deceased. On the following morning defendant and his solicitor were in my office. Defendant made a statement to his solicitor, which I saw Mr. Goldring write down. The defendant signed the state- ment and Mr. Goldring, after witnessing it. handed it to me
I returned it to him in
order that he might refer it to the Captain Superintendent of Police. The statement was made voluntarily, and no inducement was held out to the defendant to make it, neither was pressure brought to bear by any police officer.
The Crown Solicitor read the statement, which was as follows:-
On the evening of July 16th, 1965 (Sunday), until closing time. Among others there were I was with friends in the Hongkong Hotel
Inspector Withers and Mr. J. Quino, Steward of the Hongkong Club. When the hotel closed. went outside, and stayed there talking with friends for some minutes. I left them about 12.30 a.m. and rode back to the door of Thomas' I had had a Hotel Annexe, in Dvddell Street. few drinks but was not drunk. I saw there
· were no lights in my room. I heard the Corp. Le Grove and Sapper Moriarty were voice of Miss. Deshien, who is also living with me. We passed the Cathedral and the annexe. coming from the direc- of Queen's Road. I turned back and went to meet her. I met in Queen's Road Miss Radcliffe who is living with me, and Miss. The latter, who was half-crying, Desbien. showed me that her lip was swollen and bleeding on the inside, and said to me "a soldier has hit me and has gone up there," pointing to Battery Path. I said "all right, I'll catch him," and got out of my ricsha and ran up after him. about fifteen yards up the path, and
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There we went down Battery Path. a co'dier lying across the pat 4; his head was towards Queen's Road, and he was lying nearly on his stomach. I noticed blood on his face. Corporal Le Grove touched him on the shoulder and tried to rouse him, but all the man did was to groan. We went away with the intention of getting help, but did not get i. After having some supper the three of us got into ricshas and went to Battery Path again.
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[August 12, 1905.
saw him ahead a few yards of me. He turned round and saw me, and started to run, He got about five or six yards when I caught him up. Just as I got up to him, he turned and struck at me with his right hand. I dodged the blow an:l struck back, hitting him with my right hand in the face. I think I struck his mouth, because my knuckles were cut in three places. I also struck him with my left hind; where, I cannot say, as he was falling away from me. His first blow missing me, he swung round, and when be fell after my blows, his head was towards the north side of the path. He was all the time on higher ground than I was. From the way the man ran and walked, I think he was drunk. I walked away and met the two girls coming up the path, about fifteen yards down. They asked me if I had caught him. I said, "Yes; there he is! He struck at me, and I knocked him down." Miss Desbien said, "I will go up to see. said, "What is the use of that, let him alone." I held the dog which Miss Radcliffe gave me, while they went up to see. When I first started, Miss Desbien started. too, but slipped and fell. The whole thing was over by the time she got up. When they returned, we all got into our ricshas and went towards the Owl Grill Room and met Mr. Slater, the proprietor. and some others. I spoke to him of the affair and showed him my kauckles. and he opened his premises and rubbed some brandy on my hand. We weut from there to the K.A.0.B. Club and the place was closed, but we woke the boy and had a drink and went away.
On our way back we stopped at the foot of Ice House Street. and all three walked up Battery Path. When we got as far as the place where the man had been before, there was nobody there. Miss. Desbien said, as far as I recollect Let's
Balk
up to the top and go home, the other way. We had already paid the ricshas, so we all walked on, and about tou yards higher we saw blood on the path. I said, "I suppose I must have knooked some of his teeth out, but he couldn't have been much hurt to have got up and moved on" or words to that effect. Then one of them said, "Let's get away and go home," so we all went back to the annexe. saw no blood at all when I knocked the man down. I have not said anything about the affair at all hitherto, because I was auxions to keep things quiet for the sake of my father and mother, who a re very old.
Major Parry stated-I am commanding the 88th Co. R.G.A., which I joined in October, 1902. Gunner Richard Sampson was a member of the company, which came to Hongkong last December. As officer commanding the company. I have custody of the company defaulter sheets of the men. The defaulter sheet produced is the company defaulter sheet of deceased. These sheets show every offence for which a man has been punished as well as all cases of drunkenness. The date of issue of the sheet before the court is the 30th November, 1806, and only one offence is recorded thereon against Gunner Richard Sampson. The offence is stated. to be, druck when parading for his monthly settlement about 1 p.m. This occurred on the 30th April, 1924.
In cross-examination-Promotion depends entirely on intelligence. A defaulter "sheet gives a man's military character, and it is quite possible that there might be occasions when it being known men got drank without officially. By drunk I mean unfit to do duty.
Wong Nam, ward boy at the Government Civil Hospital, gave evidence as to the deceased's arrival there, and as to the subsequent search of his clothing in a pocket of which he found
80 cents.
Lilian Desbien deposed-I am living at the annexe to Thomas' Grill Rooms in Daddell Street. Shortly after midnight on Sunday, 19th July, I was in a ricsha coming from Wanchai by way of Icehouse Street. Miss Radoliffe was with me, and was riding in the ricsha in front of me. On the corner of Icehou a Street and Queen's Road a soldier stopped me and spoke I did not understand exactly what he to me. said, but he said something to the effect of my coming with him. I told him it was rather insulting for him to stop a woman in a ricsha; and to go away. He then caught hold of the shaft of the ricsha and the coolie stopped. I called out to Miss Radcliffe and she turned round; then the soldier struck
me
and
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