-3-
90
the Victoria Recreation Club, where he was brought ashore
by Private O'Kelly of the S.W.B.
10.
He was taken at once to the G.C.H. but he
never regained consciousness and died the same evening.
Death was due to a fracture of the skull, which in Dr.
Valentine's opinion was consistent with his having fallen
or been thrown from a height into the nullah.
11.
Mrs. Fairburn had seen a Chinese man jump into
the nullah and a number of witnesses testified to having
seen a Chinese carried down the nullah, very close to Mary
and Michael Fine, and swept with them into the tunnel.
Two private soldiers entered the tunnel from the Murray
Barracks and on their left hand side went through to the
point where the tunnel debouches into the harbour.
They
then crossed the stream and proceeded to return along the
other side of the tunnel. About 250 yards through the
tunnel which, except at four points, is very dark, the
leading soldier came upon a man standing with his back
firmly against the wall of the tunnel. The man bit and
struggled, and help had to be got before he could be brought
out of the tunnel. The soldiers who carried him out
testified that he endeavoured to keep his head under water
as if attempting suicide.
12.
The Chinese brought out of the tunnel was the
condemned man. He was suffering fron the effects of
immersion and from a cracked femur presumably caused by
his fall from the bridge or by his being buffeted about by
the torrent, and he had also been drinking.
13.
On his discharge from hospital he was charged with
the offence for which he had now been convicted.
14.
Mary Pine is the only one of the children concerned