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We have one Chinese man and 5 children - that is the sum total
-
Private Simrone knew of
of the 'floating population' of that nullah that day. I have
accounted for the 5 children what happens to the Chinese man ? There was evidence given very plainly and dramatically by Sergeant Gaywood, Private Simmons and Private McCarthy of what happened to
the three of them and Private Lenton. You will remember how
Private Simmons walked right through the tunnel on his left hand
ride. He found nothing. The tunnel is 15 ft. wide and of a height
of 8 ft. and is for a considerable portion of its length at least
very dark. He walked down the left hand side but found nothing.
He came to the mouth of the tunnel and jumped over the stream of
rater and went the other side. As we know from personal observation
in the wall of the tunnel on that ride there is a concrete
projection sorewhere about waist high.
that and availed himself of its help to come un that side of the
tunnel. He had proceeded about 250 yards when walking with hie
left hand on this projection waist high, he felt amething. You
reme ber how he told us that we went past this obstruction, turned
round and looked the way from which he had come here there was a
faint glimmer of light against that light he eaw enough 8
silhuette - to enable him to say 'it is a man'. Then he put his hand
on this man's shoulder. He spoke to him in pidgin anglish and I know
that you won't draw any inference aiverse to the accused from the
fact that he did not reply to someone who spoke to him in a
language of which he does not know a word. He put his hand on the
man's shoulder. The man was standing against the wall looking out,
acrore the tunnel. The man did not speak. He did not say anything. and when Private Simone put his hand on his shoulder the rejoinder
was a bite. Private McCarthy was there also and they apparently
resolved to take the man out.
Learned Counsel for the Defence has suggested to you that
the conduct of the an whom we know now to be the accused, the
conduct war natural and proper when he was going to be forcibly
when he was making up his
removed from where he was standing