1938-06-22 — Page 4

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THE CHINA MAIL, JUNE 22, 1938

HUMPHREYS VARIES STORY UNDER CROSS-EXAMINATION

Several differences in evid Mr D'Almada: According to your ence given during the Naval story, Dwyer asked you to go to the Board of Inquiry, at the Police Boys' Locker Flat, what made you Court and in the present trial. go?—An impulse.

MATTER OF MINUTES Continuing, witness said that

Dickinson

were revealed by A. B. Hum- phreys under cross-examination by counsel for the defence, the Hon. Mr. Leo d'Almada jun., on Dickinson arrived at the flat at the the resumption of the trial of Edwin Moreland Dwyer before ed that Dickinson must have fol- same time as he did and he assum- Mr. Justice Lindsell and a special lowed him down the ladder. jury at the Supreme Court.

Questioned by Mr. D'Almada, Dwyer is being charged with the witness denied his previous evid- murder of Leading Seaman Dickin- son on the Dorsetshire whilst that he said that Dwyer entered the flat ence at the Police Court in which

ship was on the high seas between two or three minutes before he Sydney and Cairns on May 2. did. It was two or three seconds.

Conducting the prosecution is Crown Counsel Mr. John Whyatt, after he did. Pressed by Mr.

came two minutes. while the Hon. Mr. Leo D'Almada D'Almada, witness said that he junr., instructed by Mr. G. S. Hugh could not say whether it was two Jones, is for the defence.

minutes or two seconds. He could Commencing his cross-examina-not give an accurate estimate. tion, asked Humphreys whether the Mr. D'Almada: At the Inquiry the Boys' Locker Flat five minutes you said that Dickinson arrived in

after you did. You have changed your previous story and two seconds before you did, to two said that Dwyer entered the flat

or three minutes and now you say that Dickinson came in, two min- WAS AWAKE

utes and not five minutes after.-- Dickinson was behind the Boys* Further questioned, Humphreys Locker Flat and when he came in said the night when the incident he said he had been watching us. between Dwyer and Dickinson oc- for five minutes.

occasion which he mentioned when

he followed Dwyer into the Boys' Locker Flat, was the only occa- sion. Humphreys replied in the affirmative.

Counsel: Were you on the same terms with Dickinson a8 with Dwyer. Yes.

now

curred, was very warm. He (wit- Mr. D'Almada: Dickinson was ness) was wearing his underwear, behind the Locker Flat? You never while Dwyer had on tropical rig. said anything about that before.- Neither was covered by any bed-No. clothes. Dwyer was sleeping on his back.

“COVERING UP?”

Mr. D'Almada: I suggest that Witness said he was awakened you are trying to cover up your by people coming on board and did story. This has never been men- not get to sleep again until two ortioned before. three in the morning. He did not know when Dwyer came on board as he (witness) went to sleep, on first turning in, at about 9 o'clock, "I was under the impression that Dwyer got back at 11.30."

Witness admitted that he was-only assuming that Dwyer got back at that time because the last liberty party came aboard then.

on

Mr. D'Almada: Immediately being awakened, you saw the in- about

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Mr. D'Almada later said: "You have now given evidence on three occasions, at the Court of Inquiry, the Police Court and in the present hearing, and you have contradicted yourself in several

very serious respects. I am going to put it to you later on, in, view of these con- tradictions, that your entire-story is false.

.

FINAL QUESTIONS

Witness continued, under cross-ex- amination by the Honourable Mr. Mr. D'Almada: Did you not give D'Almada, that if accused was in the the impression in your evidence that side party he would not come under

deceased. Deceased you were awakened by something? give accused orders.

could, however

-I was lying awake at the time. Counsel: "I put it to you that Dwyer Witness said that he saw the in-did not sleep on the mess table, but cident by the aid of the police light on the bench."-"No, he slept on the which was bright enough to enable anyone else to see.

table."

"I put it you that the table was used by other members of the mess." "No."

Witness said that his shout awoke another man called Palmer

"I put it to you that the whole of who

your evidence of this incident is en- turned over and said "Keep Quiet." tirely untrue. That there

WAB no

He could not remember what he such incident."-"It is not untrue." shouted. Dwyer did not appear sur-

"I put it to you that Dwyer did not show you prised when he was told what had

any ammunition."--"He did." happened.

OTHER WITNESSES Able-Seaman Smith testified that Dwyer threatened to get even with! Dickinson (deceased) for giving him hard work to do. Dwyer told witness of the rifle team, it was easy for him that as he (accused) was a member

that to obtain ammunition, and that

was going to shoot Dickinson.

Asked further about the action of Dickinson which caused him to shout, witness said Dickinson had his hand under Dwyer's bedclothes. Mr. D'Almada: Humphreys, you said very clearly earlier on Dwyer was not covered.-As far as I could see, Dickinson had his hand under the bedclothes on which Dw- yer was lying.

he

Accused did not act as if he was normal. ·

Able-Seaman Fisher stated that Dwyer told him that Dickinson, had been bearing down on him. Accused FIRST TIME

threatened that he would "get" him.

Cross-examined by the Hon. Mr. Further questioned, witness said D'Almada, witness replied that ac- that he struck matches because he cused also threatened another sea- saw Dickinson crawl from the mess man, Degans, Witness said it stool under the table and then away. not unusual for threats to be made among the crew. One heard threats He said his reason for doing this

every day. was because the underpart of the table was in shadow..

Mr. D'Almada: This is the first time you have mentioned this mat ter, is it not?—Yes.

was

THE REASON WHY

while drinking in the New York Hotel Stoker Rogan stated that Dwyer,

(Continued on Page 9)