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replied "Shut up." Afterwards he put the box back and told witness to go alongside a steamer with four masts. When the accused put the box overboard they were in the centre of the harbour, Prisoner paid witness 82 for her work. This was not the usual fare, but part was cumghs.
Cross-examined- When before the magistrate she had not mid anything about the European having put the trunk overboard.
Why didn't you mention it then ?—I was asked to tell the truth now.
You were asked to tell the truth then?—Yes I was confused. I was frightened,
Who taught you to tell the truth afterward? -I remembered the truth and so I am telling the truth,
You must be a very forgetful woman when as you say your sampan was nearly capsized you did not remember, yet you remember the man six weeks afterwards ?----My gall is small.
The Interpreter-That is to say, She has nó courage.
Sir Henry Berkeley-We don't want any courage. I suggest this was manufactured by you subsequently.
You have carried many Europeans since, Are you able to recognise them all? No, 28 soon as they pay me there is an end of it,
Chan Sam, mother-in-law of the last witness and joint owner of the sampan was called. She was a fresh witness. She spoke to a European bring taken on board
the sampa0. She was not able to identify him as her sight was not good but the prisoner looked like him. The European told them to row to Wanchai and in mid stream the man suddenl threw the box overboard. Then he placed his hand upon and afterwards pulled it on board again, almost capsizing the boat. Afterwards be asked them to take him to the four-masted steamer, which he boarded. Soon two Chinese came and took the box on board the steamer. Prisoner came back to the boat sad they rowed him ashore.
Cross examined Her daughter did not give that evidence about throwing the box over board because she was frightened.
Sir Henry Berkeley-Can you see me? His Honour-Would you recognise him again ?
Witness-I might recognise you again to a certain extent (laughter).
Sir Henry Berkeley-Your eyesight is defective ?—Yes;
And you pretend to recognise this man? I look at him carefully and his face looks like the man who engaged my boat.
Did this European have a beard ?—No. The prisoner has got a beard ?-Yes, a little. The hearing was adjourned.
Tuesday, October 22nd.
William Hall Adsetts again appeared before the Court to answer the charge of wilfully murdering Gertrude Dayton in this Colony on The Court House, as on the pre- August 4th. vious day, was filled with spectators. As before the Attorney-General, Hon. Mr. W. Ree Davies, instructed by Mr. G. E. Mor ell, from the Crown Solicitor's office, prosecuted, and Sir Hoary Berkeley, E.C., instructed by Mr. R. Harding, appeared for the accused.
The special jurors were:- ·E. A. Ram (fore- man), C. W. May, D. W. Craddock, J. Barton, A. Turner, H. F. White and G. L. Tomlin. Frank Browne, Government An lyst, was the next witness. On August 19th Detective Sergeant Sullivan gave him three bottles, the
contents of which he examined. Two contained
oxide of hydrogen, and one a hair wash, Previous to this, on August 14th, witness received three other articles. One, a piece of mattress, contained blood stains which were com. paratively recent. On the table cover produced witness also found blood stains which might be finger marks. Witness also received some sealed bottles of postmorte u materials, but found no trace of prison.
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Cross-examined-What do you convey by the words "comparatively recent date" P-Anytime between a few days and under two months.
You say that blood stains may have been made two months before your examination ?—Yes.
Is there any means for your determining
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THE HONGKONG WEEKLY PRESS AND
[October 28, 1907.
woman, is blood caused by violence or such | prisoner there and acting as interpreter when blood as comes in the ordinary course ?—I can't
say.
J. H. Oxberry, recalled, in reply to Sir Henry Berkeley, said he first saw the prisoner after bringing him ashore at Hongkong, on his entering the Court at Manila.
He was then in charge of a constable ?--Yes, in plain clothes.
I put it to you that you identified him because you saw bim in Court as an accused person ?-
P- No, I didn't.
or sub-consciously you recognised him ?-He came into Court as any ordinary person.
Unconsciously,
Were you present when Soonderam identified him ? -I wa.
When Boonderam identified him was the prisoner not sitting beside the lawyer defending bim ?-Yes.
The Attorney-General-I think you said you saw him twelve months ago?-1
-Yes, on the Taming." He was then in the uniform of a sergeant of American Marines.
man.
J. J. Lyons said he was on August 13th quartermaster on the s.8. 'Monteagle". On August 4th, Sunday, he was on watch on the main gangway, and saw a man coming out of the passengers cabin. The prisoner was that Witness asked him who he wished to 888. He said he had a trunk on 8. which he wished taken on board. Witness sampan
told him to let the sampan drop to the after gangway, and told the boatswain to send three men there. When witness went aft the trunk was on board, and in reply to the second officer witness said it belonged to the accused, who was standing there. Prisoner told witness he wished the trunk put in the hold. The trunk in Court Inoked much like the one he saw on board. Witness went to the jail the day he was sent to identify the prisoner. He saw him there and identified him.
of the clothes the man
Cross-examined-Witness did not take notice was wearing at the identification. He did not go to identify his clothes, but his features.
What's the colour of his eyes?—I don't know.
I don't think your identification seems to be very reliable. Was the prisoner not two inches taller than those amongst whom he was placed P-I could not say; they were not standing up.
and found him?I found him.
You only went to pick out the man, I see,
As a matter of fact was not the prisoner in s dirty condition, made conspicuous by the fact that he was dirtier and taller than those he was placed among?—I don't know what you mean. What you call dirty and what I call dirty may be different altogether.
You told me just now you didn't know the colour of his eyes. shape of his nose?-I know that pretty well. Did you go to see the
What sort of nose has he?-Mach the same as mine, very prominent.
Li Cho, accountant in a pawnshop at 75, Queen's Road Central, said the prisoner called witness advanced $55. Prisoner wrote his name at his shop and pawned diamonds on which
and address on a piece of paper which witness wrapped bis diamonds in and kept. At the jail witness identified the accused.
Cross-examined-I put it to you that you remember the fact of alvansing a sum of money on the pledge of a diamond, but you are not able to recognise the person to whom you made the advance ?-I an able to identify him.
Why did you say at this Court first that you could not identify him?-I meant I did not know his nationality,
Between 25th September and August 4th did you not have other Europeans in your shop?
pawn
diamonds?—Yes.
Yes.
And to Why were you unwilling to admit that Europeans had pawned diamonds with you since August 4th ?—I said yes.
I put it to you that you are not able to identify the other Europeans who called at your shop ?—No.
You identified the prisɔner at the jail ?—Yes, He was then dirtier than the othera ?—They were all in about the same condition.
Li Fuk, who was present at the shop of the whether the blood, supposing it came from a 'last witness on August 5th, spoke të going the
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he wished to pawn some diamonds. He recognised the prisoner by his gold teeth, which the latter said were made in Ameriós and cost him $100,
Cross-examined-You were employed on sa American ship, and took the prisoner to be an Englishman ?—Yes.
The man who pawned the diamonds had speech to your ears, trained as they must have been to the American accent, like an English- man - He had an American'accent.
You never saw him before August 4th ?—No. And then you saw him at the jail ?—Yes. And identified him P-Yes.
I put it to you you got your knowledge from Li Cho P—No
You never spoke to him about the identifica- tion ?—No.
Pardon me, but I find it difficult to believe that. Do you mean to say you and Li Cho did not speak about it P-I do not stay at the pawnshop, and he did not tell me about the identification.
The Attorney-General-You were asked whether you could discriminate between sa Englishman and su American. Now what nationality do you think I am ?—I don't know whether you are an Englishman or an American. By the Court-All white men are alike to Chinese ?-Yes, they are all white.
R. Soonderam, recalled, in reply to Sir Henry Berkeley, said he kept the Hotel register, when on duty. Room 184 was previously occupied on June 25th, and before that on June 19th. On the 13th of the same month the room was occupied by Mr. and Mrs. Hamilton Parish.
R. Sorensen, carpenteron board the 8.8. "Mont- eagle," said on August 7th he detected a smell on board and saw blood coming from the baggage room. Witness went to the Chief Officer and got the keys of the baggage room, then he procured some tools and forced the trunk open. On discovering & body in it he went and reported the matter The trunk he opened was similar to the one before the Court. The look was forced open in the same way as he forced the lock on board.
Sergeant George Watt testified to proceed- ing to the "Monteagle" on August 7th, and finding the body of a woman in a trunk in the baggage room. He had the trunk re- moved to the Kowloon Mortuary.
Cross-examined-Witness went with the box to the mortuary. The waistband before the court was soiled and discoloured when taken from the body after the exhumation. Miss Marshall looked at the body and said it wa that of Gertrude Dayton.
Ben Fell said he was in the Consulate of the United States at Chefoo during the month of August. He knew the prisoner at the bar by the name of W. II. Adsetta. On August 13th witness saw the prisoner at Chefoo
when he was arrested. He was searched a few minutes after entering the Consulate, and witness saw various articles taken from his
person. The manicure set produced was taken from a bag. The name Gertrude was engraved on each article except one. The other art.oles of jewellery found on prisoner's person were also identified by witness. The artioles taken from sccused were mostly found in his trousers pockets. He said nothing while the search was being effected.
Cross-examined-Did you not find in the prisoner's bag certain papers of his release ?- Yes, papers of his discharge from the marines. Among the prisoner's papers pat in as exhibits was one recommending him to the good conduct medal should ho re-enlist, and another from his captain regarding a certain not of gallantry in the Philippines] Adsette arrived at the Chefoo Consulate in the Spring with a good record.
Is it not a fact that the prisoner authorised Consul General Fowler to inform the Govera- ment of Hongkong that he was ready and willing to surrender himself, if adequat ly defended?--Yes he made such a statement.
And the Consul sent a telegram to this Government to that affect ?—I'm quite positive he did not.
Somebody did ?—Yes.
You are acquainted with the law of extradition in the United States to some extent?-la 'limited way.