226
BATTERY PATH CASE.
THE CHARGE OF MANSLAUGHTER.
DEFENDANT COMMITTED FOR TRIAL
8th inst..
THE HONGKONG TELEGRAPH SATURDAY, AUGUST 12, 1905.
At the Magistracy this afternoon Aaron Ellis appeared before Mr Hazeland charged with the manslaughter of Richard Sampson; R.0.A. at Battery Path on the morning of the 17th ult. Mr. F. B. L. Bowley, Crown Solicitor, pro- secuted, and Mr. P. W. Goldring defended.
la opening the cans for the prosecution Mr. Bowley said that Richard Sampson had been a gunder in the RG.A., 88th Company, for many years, and bore an exemplary character, In December, of last year he was placed in the Military police, where he served till the time of his desth. On the 16th of July last deceased went on patrol duty in the Eastern district, antil midnight, when he returned to his quarters in the Military Prison in Queen's Road, He remained there only for a short time and went out again on to the Queen's Read. They had evidence to prove the movements of the deceased up to this point, but afterwards they could only surmise what he did. At 12.30 am. he met two waren-Misses Lilian 1'es bien and Bessie Radcliffe. He accosted one of them, and, it is alleged, seized the shafts of the ricksha in which she was riding and struck her
Miss the mouth. on
Before Mr. F. A. Hazeland this morning the Desbien called out to her companion, who case against Aaron Ellis, charged with the was in another ricksho, and as they stop-manslaughter of Gunner Richard Sampson, ped deceased left them and went up Battery was resumed. Mr. F. B. L. Bowley, Crown Path, The defendant then came up from the Solicitor, prosecuted, and Mr. P. W. Goldring,
of Messes. Brutton, Hett and Goldring, defend opposite direction and asked them what was the matter. Miss Desbien told him that ed. Major Parry, R. G. A., watched the case a soldier had struck her, and defendant asked on behalf of the military authorities. which way he went, and on being told he had gane up Battery Path he went up, and returned in a short time. Miss. Desbien then asked him what he had done with the soldier, and defendant said "I have knocked him down." Miss Desbian went up the path till she came to the soldier
Re-examined:-The two stripes on the tunic of deceased were good conduct badges,
Cast adjourned until to-morrow; bail ́as before.
FURTHER EVIDENCE.
9th inst.
Tang King, houseboy to a Mr. Harley, said he was 55 years of age, and had been for ten years in Hongkong. Witness was giving his evidence in English, when Mr. Goldring sub mitted that it would be better to examine him in Chinese,
い
His Worship said he (witness) could be tried in English and if it failed he could be examined in Chinese..
girls was wearing.
Re-examined by Mr Bowley: If they had not thought the soldier was drunk they would have helped him there and then, but seeing him lying there they did think he was drunk
was about five minutes. From the time the Two wore Khaki and the other was in white. I what kind of boots or shoes the man with the soldier left the ricksha to the time the Eura-The two women were dressed in white, and the
man in a black jacket and white trousers. pean arrived on the scene was about three or
Cross-examined-When he went up to Abs four minutes. During that interval the woman were talking with one another. Witness could med Khan he thought it was just a case of the not tell if the soldier was drunk or not, he was onlinary drunk and incapable. Witness did
uot kick the soldier to rouse him. walking straight and slowly. One of the mo men started to go up the hill with the Euro- peat, but at the entrance to the path the wo- man stopped. He did not see the woman slip and fall. Only one of the women wentrup the path. The soldier on the ground did not speak to the woman.
Mr. Goldring I put it to you, you never went up that path at all.
night. Witness identified the blood-stained | junic and cap produced, as those belonging to deceased. He had often seen deceased under the influence of liquor; but he was quite sober that evening.
Cross-examined. Deceased dið.
not say where he was going when he went out agala after returning from duty. Witness thought be was going to Wellington Street to get some supper. It was not usual for him to do so. He could not say whether deceased ever broke barracks for the purpose of meeting women, Deceased was not what and would call a pugnacious man she was a quiet man, and wit- ners never knew of his creating a disturbance in any way. It came to him as a matter of Witness: I did go up, and down by the
steps. I fallowed the woman immediately. surprise to hear that deceased accosted some
Continuing, witness said he did not know ladies in rickshas. Witness was a good deal
what sort of boots the European was wearing, in the company of deceased, but the latter did not speak much about himself, and gave witbo only noticed the jacket and trousers. The ness no information about his goings and European was away up the hill about five mi comings. Deceased bad a glass of beer; nutes. Witness did not notice if the light was that was contrary to the regulations. falling on the soldier's face, nor did he see if The Military police frequently had for a glass there were any marks on his face.
Re-examined by Mr. Bowley, witness said of beer while on duty, but it was not witness's
be forgot whether the funeral was on Monday habit.
or Tuesday, but the day after it he had a con versation with Sergeant O'Sullivan, of the Detective Force; that was the 18th of July. Louis Comar was bere sworn in as interpreter for the next witness, a Rustian.
Constantin Burmakim, sworn, said he was a Russian Pole. On the 16th ults, he was work ing as a walter in the Owl Grill Room, No, 48, Des Yeux Road, Central. That evening de fendant went to the Grill room. He came at 10 p.m. with two girls, whose names witness did not know. The defendant and the girls had some cutlets and beer. Lilian Desbien and Bessie Radcliffe were called into Court and witness said they were the girls who were with defendant. The girls left first, about 11 p.m. and defendant left about 11.30 p.m. The rooms close at mid-night. After the rooms were closed that night defendant and the girls returned, about 12.30 am. Mr. and Mrs. Brater, a Chi nese boy and witness were then in the Grill room. The door was closed but not fastened, who was lying prostrate, and she kicked him
and defendant pushed the door open and the and asked his name, but getting no answer,
giris and he went in. He did not see Stater she took the regimental badge from his arm, Continuing, witness said he remembered give defendant any brandy for his hand. The with the object of identifying him later. The the 16th ulio. On that night he went to defendant went away and the girls stopped defendant and the two women then went to the Kennedy Town and afterwards to a house there for half an hour. The taller girl was Owl Grill and had some refreshments, and re-in Zetland Street, leaving there at 12.30 on bleeding at the mouth and was holding a turned to Battery Path at half-past one in the his way home. He went along, Queen's bandkerchief to her lips. While the girls morning. They then found the soldier had gone, Road. He knew the New Victoria Hotel. sat in the Grill room they were talk but saw a big pool of blood where he had laio. When he was opposite that hotel he saw twoing to Mr. and Mrs. Slater. Witness saw the uropean women in rickshas coming from the taller girl show something to Mr., and Mis Afterwards they returned to Thomas's Hotel, where they were all living. To summarise the direction of Wanchai. He also saw a soldier Slater, but he did not see what it facts as alleged, the defendant hearing Miss holding the second ricksha and walking with it. Defendant came back at i am, the girls being Desbien's complaint followed the soldier and The soldier and the woman in that ricksha still there. When defendant returned witness meeting the deceased, struck bim with the in- were talking together. Witness did not hear heard him say to the girls I gave him one, tention of inflicting some punishment upon what the soldier said, but he heard the woman and he has had enough." Witness beard no him for his conduct to the woman. He met tell him to go away. The woman asked the more. The three then left together. Witness and struck him and the deceased fell down, soldier his name. Witness did not hear any
next saw defendant in the Grill Room, next and, as the doctor's evidence would show, frac more. The rickehas went to the grill room morning talking to Mr. and Mrs. Blater, and tured his skull. He was found by an Indian and stopped, and the soldier went there still heard him say to them don't you say anything Sergeant and removed to hospital where he died holding the ricksha. The woman again asked about what happened last night." Mrs. Slater later. Dr. Bell had examined him and found him for his name. The soldier then went away said to defendant "you had better leave the the skull fractured so badly that it was prac-up the street leading to the Sanitary Board. Colony," Mrs. Slater and defendant spoke to tically cracked all round at the base of the Witness did not see the soldier strike the English. Witness could understand English brain. He had a wound on his left eye, and a woman. The soldier, who was a European and but could not speak it-Cross-examined by clot of blood was pressing on his brain, but wore a khaki uniform, was a big man, and was Mr. Goldring, witness, through Mr. J. Hanson, except that the cartilage of the nose was dis- carrying a stick like the one produced. Wit interpreting, said he was in the employ of the placed there were no other marks of violence ness then saw a European come from the Ow! Grill Room, but left two days ago. He on the body. When the defendant and the Central district in a ricksha The latter saw left of his own accord to go by the French mail two women were at the Owl Grill they noticed the woman and stopped his ricksha at the grill to Saigon. On the 16th of July defendant first blood on defendant's hand and he remarked be room The European asked the woman what visited the Grill Room for the first time at to supposed it was caused by the gunner's teeth. was the matter, and she replied, "A soldier p.m. He did not know whether defendant From information received Delective Inspector-me."
took his dinner there at 8 p.m. with two girls, Hanson traced defendant to the Hongkong
witness only went to the Grill Room at Hotel, where he arrested him and charged him
p.m. for duty. He was prepared to awear that with the murder of the deceased. After his
defendant came there at 10 pm, and remained arrest the defendant had an interview with Mr,
until 11.30p.m. be girls let at 11 p.m, or a few Hanson, in the presence of Mr. Goldring and
minutes after. He was not confusing two days; himself, and made a voluntary confession
he remembered the day on account of a per which Mr. Goldring took down in writing,
formance at Kowloon, and was quite sure that, and which witness signed. On account of
defendant and the girls went to the Grill Room that statement an application was made for
on Sunday the 16th. He did not know whether the reduction of the charge to one of man
one of the girls went with Mrs. Slater to the slaughter, which his Worship had granted.
Metropole Hotel that day. Witness had been He would produce evidence in support of his
hard at work all day arranging things for the case after hearing which he would ask his
performance but he was not at all sleepy when he went to the Grill Room. "He had only one Worship to commit defendant to take his trial at the next Criminal Sessions for the man
liqueur glass of brandy all day. Defendant slaughter of Richard Sampson, R.G.A.
and the girls came back together for the last William Bissell, engineer in the F.W.D., pro
time at one o'clock. The women did not go duced a plan of Battery fath and the surround
into the house, they stood in the verandab. ing district.
Sergeant Crana, of the 88th Co. R.G.A., said the deceased was a member of witness's cam pany in which he had served about eight years and nine months. The 88th Company reach- ed Hongkong on the 14th of December last. Shortly after his arrival decessed joined the garrison police. There was nothing against deceased on the record. of his company' that witness was aware of. Witness identi- find the body of the deceased in the Mor tuary of the Government Civil. Hospital and he made all necessary arrangements for the funeral,
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Witness did not hear the words between "soldier" and "me." The European asked the woman where the soldier was, and the woman replied "Right up the hill" and painted in the direction he had gone. The European then went up there, and came back in five minutes. The women got out of the rickshoe and waited under the big tree in the middle of the road. A plan was here shown to witness who pointed out on it the direction in which the soldier went, and where the women stood, which was between the tree and the Hongkong Telegraph office door. When the European returned the women said "Why did you not get hold of the soldier?" and the European replied "No use to get hold of him; better to go away." The woman who first spoke said "I must see him to get his name? She went up the path to see the soldier. Witness followed the woman up, and then saw that the soldier was lying down, opposite the Chartered Bank on the path lead ing up the hill. When the woman got up to
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was.
Re-examined by Mr. Bowley: About hall an hour after midnight, defendant was sitting in the Grill Hoom, and the two girls came and called him out, and they all left together, They
came back about 1 a.m. and entered the room, the defendant being about three minutes later, and they only remained two or three minutes. It was on the last occasion of the defendant's visit to the Grill Room that he said to Mr. Slater" gave him one, and he has had. enough."
Mr. Goldring objected to this being brought out in. re-examination, but the Court allowed it.
The Court adjourned for tiffa.
Sergeant Adlington said he was in charge of the Central Statino from the night of the 16th July to 7am. on the following morning. A soldier who was unconscious was brought up in a chale at 1.15 am. Witness sent him to the Government Civil Hospital. The soldier was only outside the charge room about five minutes.
•
P. C. Ingham spoke to taking deceased to the Government Civil Hospital and handing him
over to Dr. Bell.
a natural fall,, but to receive such the mas
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out of her ricksha to follow him. The defend ant just then came up and naked what was the matter, and witness wild that a soldler had, struck her, and showed him the marks. Dej fondant than asked which way the soldier had gone, when witness pointing up the path sald Sergt. O'Sullivan spoke to accompanying the Up there." Defendant then ran up and wils Indian constable to Battery Path on the nightness and Miss Radcliffe remained at the foot of in question and to the exact position where the the path. When he retomed witness asked deceased was found. In cross-examination he where the soldier was. Defendant said * Hols said that a man standing in front of the Bank up the path. He added that the soldier bad would be able to see anything happening struck athim, but she did not remember the ex- at the spot where the blood was. There are act words, and then defendant said he wân lying trees alongside the spot. The blood did not on the path as he had knocked him down, Misa Appear to have been stepped in or rolled in it Radcliffe and witness then went up the path was in a pool and ran into two clean streams. and saw the soldier, Witness touched, him When witness saw Gunner Sampson at the with her foot on his back and asked him to police station he was led to think he had been torn over. She did not hurt him, she was drinking, because he vomited in the compound wearing light canvas shoes, Defendant was and smelt of beer.
wearing rubber soled shoes. Witness did not ask the soldier his name; she took a badge from the left shoulder strap of his tonic. Thin Miss Redcliffe and witness returned to Queen's Road and took rickshan. Defendant was wait ing for them at the bottom of the path, and they all three went to the Owl Grill. They met Mr. and Mrs. Slater in the straat opposita the Silver Grill: Defendant faked Mrs. Blatag to give him some brandy for his hand, as he had some testh marks on it. Witness saw the feath marks. They were bleeding slightly. Witness remained in har ricksha so she did not hear if defendant told the Slaters what had happened. Defendant got the brandy, and rubbed it on his hand. They then went to the R. A. O, B. Clab in Arsenal Street, and bad some refresh. ments there and then went to Thomas's Grill room. They then went up to see if the soldier was still there, and finding he had been re moved they all returned to the annexe All three had been to Slater's to dinner that night. Witness did not tell defendant to knock the soldier down. The defendant is not related to witness in any way,
The Court adjourned for tiffin:
י
I left
Upon resuming, Miss Desbien was cross- examined. She said that she and Miss Radcliffe bad, their dinner with defendant at 8. p.m. at Slateds, defendant remaining till 9 o'clock Radcliffether; She next saw defendant or little after, and leaving witness and Miss
bad struck her. That night she went to the opposite Thon.'s Grill room after the soldier Metropole Hotel at 9.30 with Mrs. Slater and left there about 10 30, and returned to the Owl Grill room. It was not true that she was in the Grill room from 10 to 11pm. 1. she arrived there about 11. o'clock. The witness who said otherwise was incorrect. The defendant was Witness stayed until exactly, ten minutes ta not in the Grill room when witness returned. twelve, when she left with Miss Hadclife who had come in. They then went for a ricksba ride which culminated in their meeting the soldier. Witcas had never seen the soldier before, and not sober. She did not gotice if he was smok from the way he spoke she concluded he was
Dr. John Bell said that on the morning of the syth of July last, a gunner, who turned out
John Haninn, Chief Inspector of Detectives, to be Richard Sampson, was brought to the hospital by the last witness. He was quite un said he arrested defendant in the billiard-room consciouss he had a cut over the left eye-brow at the Honkong Hotel on the 28th July, at 4.15 about an inch to an inch and a quarter," and p.m. on the charge of the murder of Ganger was sho vomiting badly, and died at 9 p.m. the Richard Sampson. On the following morning same day without having recovered conscious defendant was in witness's office about 10 ass. The vomit was a dark-looking, fuld o'clock and his solicitor, Mr. Goldring, was ke bile, but there were co signs of also there.. Defendant made a statement to his food. Next day witness held a past mor solicitor, and witness saw Mr. Goldring write it tem, and found a wound immediately under down. Defendant signed that statement and ceath the left eyebrow and a fracture of the Mr. Goldring witnessed the signature. The skull extending down to the base. On the latter than handed it to witness, who returned opposite side, also at the base on the surface it to Mr. Goldring, requesting him to hand it of the brain was a large clot of blood. The to the Captain Superintendent of Police. The cause of death in witness's opinion was due to statement was made voluntarily, and no in this injury. The clot of blood would be caused ducement whatever was held out either by by the rupture of a blood-vessel. The cartil-witness or any other person to defendant to age of the noen was turned to one side. make the statement. Ne other police officer All the internal organs were healthy. All the was present. No pressure was brought to bear symptoms would be traceable to the wound on upon defendant to induce him to make any the left eyebrow. This was a bad fracture, statement. He did not think such a fracture could be.
DEFENDANTS STATEMENT, caused by a blow from a man's fist. It would
Mr. Bowley read the statement as follows most probably be caused by a fall ou a con.
July 29th, 1905, creto path, Witness knew of the granite kerb
On the evening of July 16th, 1905, (Sunday) on the Queen's Road edge of Battery Path.
I was with friends in the Hongkong Hotel The wound could have been caused either by his falling on the concrete path or striking the until closing time. Among others there were kerbstone, but it would be more probably inspector Withers and Mr. J. Quinn, Steward caused by his falling on the kerb., Be did not of the Hongkong Club. When the Hotel think the stick in Court would have caused the closed, I went outside, and stayed there talk injury; a below from a heavy instrument mighting with friends for some minutes.
them about 11.30 am. and rode back to the have caused the blow. If the wound was
door of Thomas Hotel Annexe in Duddel! caused by a fall it is possible, though not pro-
Street. 1 had had a few drinks, but was not bable, that the man might have walked some
drunk. I saw there were no lights in my distance.
room. I heard, the voice of Mrs. Desbien who is also living in the annexe, coming from the direction of Queen's Road. I turned I met in hack and went to meet her. Queen's Road Miss Radcliffe, who is living with me, and Miss Desbien who was half-crying, showed me that her lip was swollen and bleeding on the inside, and said to me "a soldier has bit me and has gone up there", pointing to Battery got out of my ricksha and ran up after him. Path. 1 said "All right, 1 catch him", and I ran up about 15 yards up the path and sawing a pipe. He walked slowly but staggered. but slipped and fell down. From the time she saw me and started to run. He got about five him ahead of me a few yards. He turned and she started to run up the path with defendant, or six yards when I caught him up.. Just as the time he returned from up the path a couple first spoke to defendant about the soldier and got up to him, he turned and struck at me
of minutes elapsed.. "Witness did not notice a with his right hand. I dodged the blow and
Chinaman about while she was near" the struck back, hiting him with my righ; hand in
deceased. The soldier spoke to witness saying the face. I think I struck his mouth, because
something to the effect that he was either hit or hurt. She was quite certain of that, struck him with my left band; where, I can. my knuckles were cut in three places. I also
He was lying on his chest with his head on bis inft arm. Witness asked him to turn over not say, as he was falling away from me. is first blow missing me, swung him round,
and he turned his head, and then witness and when he fell after my blows his head
took the badge off his arm. She saw no marks was towards the north side of the path. was. From the way the man ran and walked, Mr. and Mrs. Glater outside the Silver Grill was shining right on his face. When she met He was all the time on higher ground than I un his face nor blood by his side. The light I think he was drunk. I walked away and met
that night she did not see, the witness Burm. the two girls coming up the path, about 15 yards down. They asked me if I had caught skin about. Witness saw nothing at all at the him I said "Yes; there he is! He struck at spot where she had seen the soldier. She went nie, and I knocked him down." Miss Desbien up with the others further, suggesting they aw some blood, quite a distance. from where said "I will go up to see I said "What is should walk home that way. Up the path she
the bad seen the soldier. the use of that, leave 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 in our ricksbas met Slater, the proprietor, and some others. 1 and went towards the Owl Grill Room and spoke to him of the affair, and shewed him my knuckles, and he opened bis premises and rubbed some brandy on my hand. We went from there to the R. A.B. Club
Cross-examined by Mr. Goldring: It would be quite possible for such a wound to be caused by would have to have pitched right forward. By natural fall he meant one not caused by another or by extraneous aid. There was nothing in the cut to lead him to say how it was caused; it was a clean cut and there was no dirt in it The deceased's skull was an ordinary skull; there was nothing remarkable about it. A slight concussion will cause vomiting. The vomit would not be affected by the man's be ing drunk and incapable. A man would fail more heavily and more directly if he were very much under the influence of drink, sufficiently so to make his leg unsteady. There were no injuries on the back of the head.
Mr Goldring: Assuming the receased receiv ed a blow sufficient to cause a slight concussion and subsequently got up and moved up Battery Path and then was seized with vomiting, is there any reason why he should not have fallen in such a way as to cause the injuries which he received?
Dr. Bell-No, if he fell down the path he might receive such injuries. He could pot have received these injuries if he were running up the path.
Re-examined by Mr. Bowley: it was not possible to say if there was a previous concus. sion or not.--Mr. Bowley: Supposing the man were walking up Battery Fath with a stick under his left arm and fighting a match, and the defendant ran up from the back and spoke to him, and he turned round suddenly and struck at defendant with his right hand, but the defendant dodged the blow, and, getting in under the deceased's right arm, and struck the deceased on the face with his right fist and on the body with his loft fist, with the result that deceased fell forward on his face, could such at injury have resulted?
Mr. Goldring objected to the question as not arising out of the cross-examination,
Mr. Bowley said Mr. Goldring had put a sup. positious case, and he therefore had a right to
do so too,
His Worship said the question could be put through the Court, and he put it.
Dr. Bell-No; such injuries could not have resulted.
The case was adjourned,
10th inst.
The latter
angexè, I saw no blood at all when I knocked
Witness.
(Signed) A. J. ELLIS
(Signed) Philip W. GOLDRING, Major L. H. Parry, commander of 88th Co., 20A, said he joined the company in October 1902. Gunner Richard Sampson belonged to that company. The compasy came to Hong kong in December last. As officer commanding witness had the custody of the company's defaulter sheets. The sheet shown was that of the deceased. These sheets show all the a man has received offences for which punishment of more than one day, as well as all cases of drunkenness. The date of isane of deceased's sheet is 30th November, 1896, and there is only one offence recorded against him. It was on the 30th April, 1904, "druak when parading for his monthly settlement; about i p.m."
Re-examined by Mr. Bowley: They did not continus their walk after seeing the blood, but returned down the path again. It was possible for Burmakin to have been at Slater's without
afew drinksinthe course ofthe evening. Witness herseeing him. Witness and hercompanions had did not see defendant knock' the witness
down, on account of her falling herself: She could notice slightly the soldier, lying, on the
Mr. Bowley: Then you must have seen de path from the foot of the incline. fendant knock the soldier down 1.
Witness: Defendant returned almost im mediately after 1 picked myself up from the fail, and I saw nothing happen.
test,
know whether this is cross-examination or re- Mr. Goldring! It is somewhat difficult to examination. These questions do not arise out of the cross-examination, and I must pro- Mr. Bowley: Defendant is a bit of an athlete, is he not? and can ron swildly 7"
Mr. Galdring: I object; this does not in any Mr. Howley'said this closed the case for the way arise out of the cross-examination Sta prosecution.
Mr. Goldring said he did not proparn to call Defendant was then formally committed to any evidence and would reserve his defence. take bis trial at the next sessions.
QUESTION OF BAIL, Mr. Bowley applied that bail be settled at two sureties of $10,000 each.
Mr. Goldring submitted that the previous sureties had been acceptable and the arrange. ment worked well and he did not think it fair to upset it now..
Mr. Bowley said he was not saɛinded with the present sureties.
Mr. Goldring mid he knew of no reason for the assertion of his friend. bal
After further discussion, Hie Warship, ad- dressing Mr. Bowley, said: If you, on behalf of the Crown, object to the present sureties you must notify ma
and the place was closed, but we woke him she asked the soldier what his name was.
the boy and had a drink and went away. The soldier did not say anything. She then
On our way back we stopped at the foot of Ice pulled his shoulder. Winess went past the
House Street and all three walked up Battery soldier and down the steps opposite the Hong.
Fatb. When we got as far as the place where the man had been before, there was nobody kong and Shanghai 'Bank, and want home, Hadid not see anything more. The soldier was
thera. Mrs. Desbien said, as far as I recollect, lying with his head toward the Chartered Bank on bir
The further bearing of the charge of man."Let's walk up to the top and go home the and his feet toward the hill, front. His face was Que side and his
slaughter against Aaron Ellie was resumed be other way. We had already paid the rickshas, fore Mr. F.A. Hazeland this morning,
so we all walked os, and about to yards higher chest on the ground. His right cheak
Charles Henry Griffiths, said he was a pri.we saw blood on the path. I said, "I sup Cross-examined by Mr. Goldring-He had was on the ground. He did not appear
Upon resuming Ahmed Khan said that ou vate in the Army Service Corps. On Sunday, pose I must have knocked some of his teeth known the deceased for about four years; he to be conscious. Witness saw some blood on knew him in Malta and Ceylon. He did not the ground, near the soldier's face. The Char- the 16th July he was on patrol on No. 3 section. July 16th, in the evening he was in St. Pat-out, but he couldn't have been much buit to know whether he was leetotaller. He never tered Bank can be seen from the path. Wit He went on duty at 10 p.m. and remained till rick's Club just above the tram terminus. He have got up and moved on" or words to that effect. Then one of them said "Let's get away 2. am, about I am, during his term he saw left there between half-past twelve and a saw him take a drink. He knew nothing aboutness pointed out on the plan the spot where deceased's character regarding women, but the soldier was lying. He did not see him a soldier lying on Battery Park, opposite the quarter to one. With him were Corporal and go home", so we all went back to the move at all. The wamen were dressed in middle of the Chartered Bank, with his head in Lebrode and Sapper Moriarty. They went according to his attestation he was unmarried. The company felt very strongly about this white. One was very tall; the other a little that direction. Witness noticed that the through the Cathedral compound down Battery the man down. I have not said anything about case; the feeling against the accused was short Witness could recognize the women, soldier's head was half a yard from the granite Path, and ware going to ar eating-house near the affair at all hitherto, because I was anxious rather vindictive. Deceased was about 5 feet at least the one who went up the hill. kerb, with the right side on the concrete. the Central Market. On Battery Path they to keep things quiet for the sake of my father 8 inches in height, and his weight would be Looking round the Court witness pointed to There was nobody bear him. Witness heard cane across a soldier lying across the path, and mother who are very old,
Miss Lilian Desbien and said she was the him snoring and that drew his attention to The soldier was lying between 14 and 15 yards about iz stone,
woman who went up the hill. The European him. The soldier was not conscious; his eyes below the steps leading to Queen's Road. Wit Re-examined by Mr. Bowley:-There was
were swollen, and there was bload on the head ness did not know what regiment the soldier a regulation in force that the non-commissioned who went up the hill after the saldier ware a officers were not to drink with the men... dark coat and white trousers. Witness did and above the right eyebrow. He was in khaki belonged to; he was wearing a khaki uniform, Sergeant Gillespie said that between sever not see if he had a stick. Looking at defen- uniform, and a piece ofcopper was on the ground He was lying nearly on his stomach with his near him. The jacket shown was the one the head towards Queen's Roads the face turned o'clock and a quarter to len deceased could go dant witness said he had not seen him before.
Cross-examined by Mr. Goldring-He went soldiers was, wearing; when witness first saw to the ground, on the right side. Witness where he pleased. After the quarter to teo
to Kennedy Town at 9 30 p.m. He was walk it the regimental badge was missing from the noticed a little blood on his face. Corporal parade deceased was on patrol duty at the Eastern end of the town. When witness was ing about, afterwards going into a brothel to left shoulder strap. The cap was under his Lebrode touched the soldier on the arin, but on his round that night he saw deceased at the sit down. He was there ten minutes, and then neck and the stick under his feat. The pipe the latter only groaned. Witness and his com corner of Arsenal Street and Queen's Road, went to see a friend in Zetland Street. Be to produced was by his side, Witness did not panions then went away with the intention of East. He was in his company until half-past mained there about an bour and a hall. Fe notice anything else on the ground. He at getting help, but did not get it. They went to once called' another constable. There were the eating house and had supper. It only took eleven o'clock, and his patrol duty completed Chee was his friend in Zetland Street, but he
was out at the time, so witness talked with the some matches spread on the ground under the a few minutes to get from the Club to Battery at mid-night. It was his duty then to retara to barracks and report at once, After mid-night master of the house, Ho Kee Cheung. The soldier. P.C. 787 came, up and they tried to Path. On the way they did not see any other house is behind the uld German Club, Wit lift the man, but as they could not do so they person. After supper they all three took rick the military police are not allowed out of bar racks. At 3 am, on the morning of the 17th peas took nothing to eat there. His friend had called a chair, put him in and witness took has and returned to Battery Path, and were July, in consequence of a telephone message- been away but has come back. Since the 16th him to the Central Station. He went down going up the hill to see if the soldier was still he searched the barracks and found deceased of July witness had not discussed this case with the path and up Ice House Street. It was there, und found he had been removed in the was not there. He then went to the Govern anyone. He had a discussion of the day of about five minutes altogether between the meantime. Witness saw blood and a lot of
the funeral of the soldier; he was standing time he found the soldier and the time he put matches strewn about, on the place where the in the company nine years. There is no averties were de ment Civil Hospital and saw him in a ward, When he last saw deceased at 11.30 p.m, he is the verandah of the second floor of the him in the chair. During that time no one soldier had been lying. Going up the path age of promotion-it depends entirely upon the was quite sober. He was in an geconscious Soldiers' Club and asked Mr. Blake's son passed along the path, either up or down. witness first of all met a woman-a European, individual himself. It is quite possible, that what was the matter, and he replied that At the statlop he handed the soldier and about seven or eight yards further up be there might have been occasions when the man condition when he saw him in hospital.
Cross-examined-Duty on the Mans is not a soldier had died on Sunday night some over to the Sergeant in charge, and met another European woman. The first was might have been druck without its being whore. Witness then said "I saw a man then returned to Battery Path with De dressed all in white and had no hat, as regards officially known. By "drunk" he meant ren- popular. Deceased was not a' teetotaller, but
hit a soldier on Sunday night." I did tective Serjeant O'Sullivan, and pointed out the the second woman all he noticed was that she dered unfit to perform his military duties
Mr. Goldring suggested that ball might be witness never saw him under the influence of
had no hat. The second woman was taller than through drink. liquor. Military policemen on patrol duty may not see him bit, That was the first occasion spot to him,
Kwong Nam, ward boy at the Government $ro,000 in cash or in deeds, or 55,000 in cash Cross-examined by W. Goldring.It was the first one. Behind the second woman came enter public houses if they are required to quell on which he discussed the matter. He bad a disturbance or to restore order, or if they have not spoken to any soldiers at all about it, and exactly one o'clock when he found the body. a man, about three yards behind. He was a Civil Hospital, said he was on duty at 5 am, on or in deeds and 55,ooo from the present surg
no soldiers had mentioned the subject to him. That night the streets were clean. The soldier heavily built man, and had a black jacket on the 17th July when a soldier was brought in ties, 27, whe to search for absentats. There is no hard and fast rule against the military police entering a The next time any one spoke to him was when was lying across the path diagonally, with his He had a slovenly walk. Witness saw all three with a wound over his left eye. Witness un-This was agreed to and set accordingly. public house. Witness did not know if de- the police and Mr. Bowley questioned him.feet slightly slanting downwards... There was join at the bottom. The man was in the mid-dressed him and found 80 cents in his pocket,
He had spoken to the police once about it. substance like vomit about 15 yards up the die and he had his arms round their waists and but nothing else." ceased had any drink on the night of his death.
their arms were round him. They appeared to Lillian Dosbien said she was livlög in the an ACCORDING to a letter received by the Chinese He knew of nothing against deceased's char: He never spoke to Mr. Blake about it. Mr. path The soldier smelt of liquor,
Blake spoke to him and then he told him P.C. Atara Singt said that at the night in be jolly, Sapper Moriarty was in white, and nexsof Thomas's Grill Rooms in Duddell Street: Merchants Defence Association at Sydany on ¡acter me farns women were concerned.
The story he had told question constable Ahmed Khan called out to Corporal Lebrode and witness were in khaki. Sheremembered Sunday, the 16th July. On that the 3rd ult, 25 stowaways, found on the about the matter. was accurate in all its details. He was him from Battery Path and he ran up and Finding the soldier gone witness and his com night she was in a ricksha, at midnight, coming Norddeutscher Lloyd's steamer Friss Wolder, saw a European soldier lying on the panions went down the path again. Wimeis from Wanchai through Ice House Street, war, op her arrival in Sydney from Hongkong quite certain the rickshas came from. Wanchai; he first saw them opposite the Victoria Hotel, ground. He gave evidence respecting the believed he bad played football against defend Miss Bessie Radcliffe was with her and was at the end of May last, have been put to work He was then walking, but stood and waited to removal of the man and azid that later aat. He had been brought to try and identify in front of witness. At the comer of Ice on a German plantation in New Britain, 4- see what the toldier was going to do to the he saw two women and a man riding in defendant as the mad he saw with the girls, House Street and Queen's Road, a soldier Chinese resident in New Britain has conveyed women. He did not notice any other ricksbas rickshas coming from Wanchal. They stop but failed to do so. His build and his features stopped witness and spoke to her, asking her if this information to his countrymen, and he has ddulent about, nor any chairs passing. He did not seeped at the ricksha stand and got out and all are the same as those of the man witgen nawabe would come with him Witness said it asked the Association to take steps to have the the soldier bang the shafts down on the ground. three went up Battery Path. They went as far on Battery Path, Between the path and the was rather insulting to be stopped like that, and stowaways taken to Hongkong These 15 ricksha which stopped, and witness called out clearance papers. It is stated in the letter in The rickaba stopped near the grill rooms where the soldier had lain and looked about eating house he did not ser que European told him to go away. He then took hold of the Chinese were to the possession of The European was about 24 feet away for one minute, and then went down the path policeman, nor on his return.
Cross-examined by Mr. Goldring! When to Miss Radcliffe, who turned round, and then question that the Chinese are undergoing a when he saw him first. Between the again. That was about 1.30 am. About five time wilcess first saw the two wonien minutes afterwards three soldiers went up to the witness saw the soldier lying on the path they the soldier struck witness on the mouth, and sentence of twelve months imprisonment with and his hearing them speak to the European game spot, and also returned in about a minute: I thought he was drunki wlinese did not notice walked away up Battery, Fath and withens got hard labour,
W. J. Woodham, a private la the Royal West Kents, and at present performing police duty, said that on the 16th July they had just finish ed a week's term of duty on the framer. He thought deceased went ashore once during that: week. On the night of the thib ult, witness was on patrol duty with Gupper amp
Between six and eight o'clock der ceased bad two pints of beer in witness's presence; between then and midnight he only had one glass of beer at the Fraya East: Hotel They got to quarters at ton ainutes past twelve. o'clock, and witabse reported to the sergeant all correcio: Deceased was quits jober that
FON.
Cross-examined-Gunner Sampson had been
PART
Mr. GoldringI fail to sea on what ground. Mr. Bowley:-1 object to both of them: All along the present sureties had been accept. ed and now at the last minute this objection
WAX raised.
Mr. Bowley did not know who the sure- Mr. Goldring-He did know your Wor ship; I told him in his office myself, and not ten minutes ago he said hail as before.
mada ha'must do the best he could, and must His Worship said the objection having been inquire about the suretlan