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portant subject given by each material witness, giving the reference to the question and answer cited as shown in the transcript of the evidence.
Lam Chu:
(65) Mr. Whyatt: About 8 o'clock in the morning of the 22nd did you see anything unusual whilst aboard your junk? I did not see the flag but I saw a steamer, silver grey in colour, a whitish-grey colour.
(66) What sort of a vessel was this? A gunboat, a submarine.
(67) Mr. Whyatt to Interpreter: Tell the witness that the two things are not the same thing. Tell him a submarine is something that goes under the surface of the water and also along the surface of the water, whereas a gunboat can only go along the surface of the water explain that to him please.
(68) Witness: We could only see a small piece of mast sticking out of the water until she came along.
(79) When the submarine came up to you there, how close was it then? Very close about two or three times the length of this court. (Length of Supreme Court is 72 feet).
(80) Did you see any men on board her? Yes.
(81) What sort of men were they? Japanese.
(82) How do you know? Because I have seen Japanese when I was in Hong Kong. (83) What was it about their appearance which made you think they were Japanese ? Because I could recognise them by their clothing, the outer garment had a sort of suspender leading from shoulder to trousers.
(84) You were telling me about their clothing. The distance you were away- could you see their faces clearly? I could not see their faces clearly, no.
(85) Could you see anything about their physical appearance-by that I mean the face--which indicated to you what race they were? Yes, by their features I could see from the distance they were Japanese.
(86) How many of these sailors were there? I saw about ten of them, they were working at the gun.
(87) Whereabouts was the gun? Two guns, one on the bow and the other on the stern of the vessel.
(88) Chairman: Before you go further, will you be so good as to clear up one little difficulty I have. The last position of the submarine which we have, which is also the Can first, the submarine had only a little piece of mast sticking out of the water. witness give us an indication of what he next noticed-whether he saw the vessel come to the surface? Will you tell us where the men emerged from, and what amount of superstructure was above the surface when the first shots were fired?
(89) Mr. Whyatt to Witness: You told us about the sailors that you saw on the submarine. How much of the hull of the vessel could you see? At the time we were fired at the whole of the submarine was fully afloat.
Yes, (90) That was when it was about three times the length of this court away? fully afloat when this submarine was about twice the length of the court away from us. (91) When you first saw the submarine was it as fully afloat as when she was about to fire at your junk? Yes, she was fully afloat when I first saw her.
(92) I just want to ask you if you can tell me what was the colour of this sub- marine. Silvery grey in colour.
(93) Was the sun shining that morning? Yes.
(94) What did these sailors do when they came up close to your junk? They were fairly tall sort of men with things hanging down from the shoulders.
(1282) You told me
in your evidence that
you recognized these sailors on board the submarine as Japanese sailors because they wore a sort of suspender leading from the shoulder to the trousers? Yes. I said that.
C
(1283) (Two straps produced-one white and one dark brown).
(1284) Take one or both of these straps as you please and show us how they were wearing their straps.
(Witness places one strap over his right shoulder and one over his left shoulder hanging straight down over his chest to waist).
(1285) What colour were the straps?
(1286) Chairman: Like a pair of braces.
(1287) Mr. Whyatt: Yes, that is right.
(1288) Witness (holding up white strap): The colour of the straps on the sailors was darker than this colour.
(1289) Could you say whether anything was attached to the straps? In the front I saw nothing attached to the straps at all; the ends of the straps were attached to the
trousers.
(1290) What width were these straps? About the same width as this strap (11⁄2′′).
Lam Yau-tai :—
(178) Mr. Whyatt: I want you to tell us what you noticed about this submarine- describe it to us as well as you can. This submarine's colour was a silvery grey,
(179) Did you notice anything else about it? I saw two guns and between these two guns there was a small bit of mast like a staff. One gun was on the bow and the other on the stern.
saw on
(180) Did you see any marks on the submarine apart from its colour? I the bridge of this submarine between ten and twenty men.
(181) Before I ask you about the men, I want to ask you if
other you noticed any marks painted on the surface of the submarine? I did not notice anything painted or marked on the hull of this submarine, other than noticing the colour being silver grey, (182) Chairman: Why do you call it a submarine all the time what made think
you it was a submarine? I will tell you why. Because they fired at us when she was afloat. I saw this submarine fire at us when she was afloat and before she fired at us we could not see the bull at all, we only saw a bit of stick sticking out of the water.
(183) Mr. W'hyatt: How far was she away when you saw only a little bit of stick sticking out of the water? It was very far away when I saw a bit of stick sticking out of the water.
(184) Was that before you saw the submarine fire at Lam Fuk-tai's junk? Before she fired at that junk I did not see her at all; I only noticed her after I heard the first shot.
(185) Chairman: Was she on the surface then or was she submerged? She was afloat on the surface.
(186) When was it you saw her submerged with only a little bit sticking above the surface? On that day what I saw was this when I heard the gun fired she was afloat, one could see the hull above the surface of the water, but when she was not firing we could only see a little bridge above the water and not the hull.
(187) You mean she submerged after firing on the junk, or before she fired at the junk? Before firing on the junk she was only partially submerged, but when the fired again she was completely afloat.
(188) You are only repeating now what other people have told you: the first thing you knew was gunfire? My attention was drawn by the gunfire and after that I looked and saw the submarine she was partially afloat.
(189) Mr. Whyatt: Have you seen a submarine before, anywhere? Yes, I have. (190) Where? In British waters.
(191) Have you ever seen them in British waters in the harbour here? No, out- side Hong Kong, several years ago.
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