CO129-550-7 Rex v. Ng Loi Yuen- appeal to Privy Council 1-1-1934 - 31-12-1934 — Page 103

-13-

xxd Lim.

I think the Chinese could have had a nasty bang when he was washed against side of nullah.

No rexn.

Philip Simmons

$8.

xd.Fraser.

106

Private S.W.B. Murray Barracks.

On afternoon of 22nd June after 3 p.m. I was in barrack room. I heard commotion and went down.

McCarthy followed me down.

I heard report so I went into nullah by spikes in wall, and went right into tunnel.

I went down left hand side looking for little boy.

I found nothing.

I went right to mouth of tunnel at harbour.

I croosed the nullah and came up on the opposite side.

There is a cable cemented to the side of the nullah about waist high.

I was holding onto that and had gone about 250 yards when my hand touched something.

I stopped to see who it was.

I put face close to wall and looked back and could faintly see the outlines of a man.

He was standing with back to wall, close to it facing across the nullah.

I asked him in pidgin English why he was the re.

No reply.

I put my right hand on his shoulder and he bit my hand.

He left indentations of teeth.

MacCarthy then held him and he bit McCarthy.

We xxxx both struggled to get him out but we couldn't do it.

He was struggling to get away into the water.

The water was about knee deep and running very fast.

He kicked McCarthy in private parts.

Mo Carthy shouted out and I saw two people coming down, one on each side.

One had a torch.

They were Sergt. Gaywood and Private Lenton.

Gaywood suggested turning him over and carrying him out.

We took a leg or an arm each and attempted to carry him out.

He struggled hard and again kicked McCarthy.

He got his head into the water and seemed to be keeping it the re deliberately.

At the last grating he went limp.

We carried him out and had him hoisted onto bank.

There he got artificial respiration.

Man was accused.

Water was 18 inches to 2 feet deep in centre and about 6 ins. at side.

Accused had no hat.

He had canvas rubber soled shoes but in struggle he lost them.

I pointed out to De Ville on 29th August the place where I ran into accused.

I identified accused at parade at police station on 9th July.

xxd.Lim.

The tunnel is private.

I decided to take him out whether he liked it or not.

Leslie Frederick Gaywood ss.xd.Fraser.

Sergeant R.A.0.C.Murray Barracks.

On afternoon of 22nd June I was outside bungalow in Murray Barracks.

Near No.3 Bridge.

I saw Giles go running past about 3 or 3.30 p.m. and someone lookinginto nullah.

I went over and saw people in the water near tunnel.

Bowles then handed up Mary Pine to me.

I got torch and went into tunnel.