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room where he saw a trunk. He opened it and found the body of a white woman. He had it removed to the mortuary at Yaumati. He saw the body taken from the box in the presence of Dr. Macfarlane the same evening. It was lying on the right side, with the head under the shoulder. Looking into the trunk the head could not be seen. The knees were doubl- ed up under the chin. A gentleman's night. shirt lay across the body; a lady's waist band was fastened round'the neck with a hairbrush inserted to tighten the band. He examined the nightshirt and saw a letter either "T" or "I" on the neck band. There were two towels marked "Hongkong Hotel". On the 15th Aug. he saw the body again at the mortuary, and at the Cemetery where it was identified by Mis Josie Marshall on the body of Gertrude Dayton. There was also a glove is the trunk. Cross-examined-How long was Miss Josie Marshall in identifying the body?-She walked alongside the body and said “ Yes, that's Gertrude Dayton."
Josie Marshall was then called. You are a single woman?-Yes. When did you arrive in the Colony ?-On Angust 9th.
From ?-Manila.
Where are you now residing-18, Holly wood Road.
Did you know Gertrude Dayton ?--Yes. How long have you known her?-Four years, Do you know this man-Yes. What is his name?-Walter Adsetts. How long have you. known him?--I first met him in July last.
Do you know whether he was anquiluted with Gertrude Dayton ?—Yes.
Mr. Harding objected.
You have seen them together?—Yes.
In your company?—Yes.
That is, the three of you ?—Yes.
Do you know when Gertrude Dayton left Manila?- On the 31st July.
Do you know when Adsetts left?-At the same time. He left with Gertrude Dayton,
Have you ever seen Gertrude Dayton alive since she left ?-No.
You saw her dead body?-Yes, at the Cemetery.
And you identified it, as being that of Gertrude Dayton ?—Yes.
Were there others there?-Yes, there were five Europeans present at the identification.
How did you recognise the body as that of Gertrude Dayton ? By her teeth, arms and fingers.
What was peculiar about her teeth? There were gold fillings in the teeth and the two front teeth were abnormally large.
And her arms? Were they beautiful arms? No. They were square,
And her fingers ?-Long with pointed nails. You lived with her? Yes two years and
three months.
And you have no doubt that the body you saw was that of Gertrude Dayton ?-No doubt
Had Gertrude Dayton any jewellery ?—Quite & little.
You mean quite a lot?--Yes.
Would you identify it again? Yes. Shown Box IP-Yes, that belonged to her all the pieces except one are engraved with the name of "Gertrude."
Do you recognise those four ? (shown jewels.)-Yes.
Mr. Morrell-She recognises everything, except a Hongkong copper cent, as Miss Dayton's property.
And this small watch, with gold chain ?— Yes, that as her's.
Mr. Morrell-The larger watch is the accused's. She identifies the larger pin and the opal earring. She does not identify the smaller più.
Shown bracelet.-Yes that's her's. You know she had a rouble note ?—Yes. You cannot identify it.
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THE HONGKONG WEEKLY PRESS AND
Dayton's sister) were exhibited. Witness remained here, at the request of the police, to give evidence.
Cross-examined-How many gold filled or crowned teeth were in the deceased's left half top jaw ?-Three, I think in the right! I don't know,
When you examined the body at Happy Valley did you count the gold stopplags in the teeth? No.
Do you know whether deceased had any gold stoppings in the teeth of the lower jaw ?— I am not sure.
Had she any teeth missing ?-Not that I know of.
Are you aware that the accused left Manila to accompany Gertrude Dayton as her husband?
Mr. Morral..objected.
His Worship-I think it is a fair question. Question repeated ?-I don't know whether it was at the request of deceased, but I know she left Manila with him.
The hearing was adjourned.
The trial of Adsetts on the capital charge was continued before Mr. C. D. Melbourns at the Police Court on October 9th, when Mr. G. E. Morrell prosecuted on behalf of the Crown Solicitor, and Mr. R. Harding appeared for the accused.
Mr. Frank Browze, government analyst, said that on 19th August P. 8. O'Sullivan gave him the three bottles produced. He examined them and found they all contained harmless liquids. On August 14th be received from the same officer a piece of mattress ticking, a quantity of mattress hair, and a table cover, all of which he examined and found blood thereon. He could not say whether it was ordinary blood or not. On August 15th be received from Dr. Macfarlane four sealed bottles of post mortem material, which he examined for poison and found none therein.
Lolita Levitt was recalled,
Mr. Morrell-I propose to ask her one question.
Mr. Harding-I am entitled to know what question my friend intends to pat,
Mr. Morrell -I intend to ask witness if she
can tell how deceased was clothed when she
visited her house.
Mr. Harding-I object. I cannot admit that question after the evidence of Miss Josie Marshall yesterday.
Mr. Morrell-I cannot see what my friend's objection is.
Mr Harding-My objection is that it was stated in court yesterday by Miss Marshall- Mr. Morrell-It does not matter what was stated in court yesterday,
Mr. Harding-Miss Marshall stated— Mr. Morrell—She did not-
Mr. Harding-Miss Marshall stated in court yesterday what the deceased was wearing-
Mr. Morrell—She did not. She stated that a certain skirt belonged to Mias Dayton. She did not state she was wearing it.
Mr. Harding-l object.
His Worship- Has this witness been in court before?
Mr. Morrell-Yes. (To witness-On the early morning of the 4th August when she left your house, do you remember how she was dressed?
Witness-She had a blue skirt, a shirt blouse, and a small black and white checked jacket.
Would you recognise the skirt again ?—I don't know.
Does the small refer to the jacket or the check?-The check was small.
(Skirt produced.)-That looks like the skirt. It is a little paler.
In daylight would a skirt not look paler than at night?
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[October 14, 1907.
When were you aware yon would be called ?---- About a quarter to one this afternoon,
Did you read the report again ?—No. Josie Marshall recalled, said that she lived with deceased in the Hotel Francai at Manila. Prior to that she had lived with bar for two years and nine months. When she identified the belongings of Miss Dayton yesterday she noticed two rings were missing, one was a solitaire ring set with two diamonds.
Frances Gomes, passenger clerk in the Nippon Yusen Kaisha, stated that on 5th August a white man
came to the office and booked
a first class passage to Shanghai on the “Tosa Maru." He gave the name of Mr. Jackson.
Do you see him now ?—I see him at the bar. I suppose you mean in the dook ?—Yes. Witness added that Mr. Jackson paid $50 for bis passage. Witness saw him on board the day the vessel sailed. On the 30th September he saw the acoused again when he picked him out from a number of others in Victoria Gaol.
Mr. P. P. J. Wodehouse, Deputy Superin- tendent of Police, gave details of the identifios. tion in Victoria Gaol. Defendant was placed with ten other men. Miss Marshall picked him ont when he was sitting number three from the several picked out the wrong man, one or two left. Other witnesses failed to identify him,
" but a
said defendant "looked like the man,' number had no difficulty in identifying him with the exception of the first two On the 30th September witness held anothe witnesses. Defendant chose his position himself
identification in the gaol. Witness Kent picked out the wrong mau, bat witness Gomes
identified the defendant when the men were in the same order. On the 1st October he hold another identification in the gaol. The witueSSES were brought in one by one.
Did the defendant make any remarks during the identification ?----- After the witness Lai Lok had identified the defendant and had been taken away, the defendant objected to the identifics- tion as being unfair. He objected because he said the hotel boys could identify his clothes and hat. In consequence of that remark I made them take off their hats.
Cross-examined-You have told us that the defendant notably looked taller than the others?
Yes.
How much would he be taller than the next (allest-About two inches, I think.
I suppose the same difference would be apparent when they sat down I don't think
80.
Why?—I think men tend to look more of the same height when seated.
Where were these witnesses located prior to the identification? -The Chinese witnesses were in the Court Yard and the American ladies were in the Detectives' Office.
I suppose all the men were clean shaven? →Yes.
Did they look as if they had been shaved that morning? -Wall, recently.
The defendant was not ?—I did not notice it. He was not shaved in gaol ?—He did not appear more unabaven than the others.
On the 30th of August defendant would look dirtier than the other men ?—Yes.
With regard to the objection made by defen- dant that the hotel boys would identify him because they would have seen his clothes and hat hanging up, was that a voluntary statement or in reply to a question from you?--I think it was a voluntary statement.
Detective-Sergt. O'Sullivan, said that on 8th August in consequence of information received be went to the Hongkong Hotel and examined the register. He found the names “Mr. and Mrs. W. H. Joues, Room 184 and asked if they were in. A clerk called a porter to find out whether they were in their room and word came back that they had not been seen for
Mr. Harding-I object. Witness-Some shades are paler in daylight three or four days. Witness saked for the and darker at night.
Would you sy it would look paler in daylight or night?—I am not a judge of that. Is this checked jacket like the one Miss Dayton wore -Very much like it.
Cross-examined-Have you read the state- made by Mi Marshall yesterday referring to the colours of the skirt which she said belonged to Miss Dayton? Did you read the report of the case yesterday?—Yo
Re-examined-When did you rend the
ment
Mr. Morrell-Witness identifies the cigarette holder and locket as belonging to Miss Dayton.
Witness recognised other jewellery, belonging to Miss Dayton. When ahe was asked to identify the trunk there were tears in her eyes when she answered in the affirmative. Articles of clothing, a box, three empty jewel cases, the contents of portmanteau, and fourteen postal money orders made payable to Mrs. Huppar (Miss' report?—In last night's paper,
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manager and, when Mr. Davies cime, he maked bim to accompany witness to Room 184. They entered the room, Mr. Davies remarked that. two bath towels belonging to the room were missing. Witnom made a hurried examination of the room and looked it, taking the key away. Next morning be made a careful examination of the room with Chief Detective Inspector Hanson and found the dark tweed cost produced hang- ing on a rack at the right of the bed. On the rack was a black soft hat, a crepe shirt, and a vest. The bed was in order, Blood was found
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