1905-08-26 — Page 4

240

Were there any signs of blood on it?-No. You did not stop, you say?-No, I went on and down the atairs and on to Wanchai,

On the day of the funeral he spoke about the

matter for the first time." He asked the son, of Mr. Blake, "Whose funeral is that ?" and the Answer was "A soldier who died on Sunday." Then witness said-"I saw a mau hit a soldier on Sunday."

Is it true you said that ?--I did not say so, Weren't these depositions read over to you? -I said I saw a man go up the hill,

Did you say to Mr. Blake's so man hit a soldier on Sunday"?-No.

saw a

Anjas a matter of fact it is not trus that you

saw a man hit a soldier ?—No, I did not,

The Attorney-General-You say you did not see the wound on the gasner's face?-1

did

THE HONGKONG TELEGRAPH SATURDAY

Try to remember-was it sausage?-(laugh tor-witness (with a laugh)-Oh, no,

Had you any of those mixed up, chopped meat arrangements ?-I couldn't tell

Had you any bam?- really couldn't 'say. Coming to the question, why the three went up Battery Path an hour after the assault, the Attorney General asked:

DENIALS AU LIB.

1. put it to you that you have several times admitted to Peachlay and also in your own language that you were only there for one hour from 10.30 to 11.30 and that you never saw any.

of these people because you had gone to bed?

Not true.

ร

And that it is not the case that Mr Elater Why did you go to look for the soldier?- told Ellis to leave the Colony and that he has We went to see if he was there.

admitted that what he has said to day is upiti? What would you have done if he had been-I deny it altogether. there?-We went to help him. We thought he was drunk.

You weren't frightened?-Not at all.

SECOND DAY'S PROCEEDINGS.

24th inst.

AUGUST

Why didn't you mention it to the police? You saw a soldier and two women ?-Yes,

And next day you knew a soldier had been killed-Yen.

And the soldier and the two women were at

with the death?

Datiery Path ?-Bow was I to connect that At the time you knew Miss Desbien as a 'client --Yes. I didn't know her personally,

am not speaking about knows her per- Aonally or anything of that sort. I had nothing Is it true that on one occasion you admitted to do with ber.

You knew her as a client. Is that why you in Yiddish, through an interpreter, that your story was untrue?-Mr. Peachley doesn't under-wished to screen the matter 2-1 am not trying

to screen her at all.. stand Yiddish at all."

Your duty as a citizen was to tell the police ? you allow me to explain- That is the fourth time you've said that Go

came acquainted with the facts of the case.

You only found it out by the papers that your master was engaged in such a case? Yes.

A YIDDISH CONVERSATION,

Do you deny that you spoke in Yiddish

26, 1905.

Ellis. She had an appointment to meet Miss comrade, It was significant also that the one Desbien and Mrs. Slater al the Metropola Hotal. record against the soldier was one for drunken- There, was no special time mentioned and ness-a trumpery one, it was true, bht still it whan she went down there she found they had was significant. Counsel proceeded to describe been and gone. She went to the Owl Grillroom the dolags of the soldier throughout the day. and left a litle before 12 with Miss Desbien, She Mr. Sharp said that it was a safe thing to do if had not seen the defendant at the Owl They they wanted to prove that a man was under the look a drive in a ricksha to Wanchai,somewhere influence of drink, ask the publican who served about Arsenal Streel and returned. They fol him with drink. He borrowed Sa from the towed the car, track and came up Ice House publican at 11.50. At 12.35 he had 80 cents in Street, instead of coming down Queen's Road. his pocket. What became of the St.30 at that She was in front, Miss Desbien called her hour? The extent to which drink could be got name and she turned round and saw a soldier at all hours of night in this place was no doubt holding the shafts of the 'ricksba. The soldier well know. It may have been that he struck Miss Desbien on the, mouth. The more money in his pocket, but at any rate soldier went away along Battery Path.

he had lost $1.23 and no one could say what: had become of that money.. At 11.5o.he was

SOLDIER SREMED DRUNK.

Tell us how he was walking ?-He was walk- sober, still "perfectly saber" is the publican. sides whatever else be might have had in his,

got see the wound, but I saw some blood near 10-day with an interested audience when the through an interpreter ?—The prisoner througe on.-Witness went on to explain how he being slowly, but he was staggering as if he were said; but he got rid of that extra money, be

his face.

FOR THE JURY'S BENEFIT. A question arose as to the exact position in which the body was lying when seen by the witness. The jury pressed for an exact state ment, but all that the witness could say was that it was lying opposite the Chartered Bank. The Attorney-General remarked that if ne cessary the jury could be taken to Battery Path and the exact spot pointed out to them.

An Indian police sergeant gave evidence as to the finding of the soldier lying on Battery Path. A pipe, a walking stick and a braken box of matches were found near the sol- dier. The soldier was unable to stand, so they got a chair and carried the unconscious man to the police station. A "ladder from the soldier's butge was picked up by Sergeant O'Sullivas. It was lying in a pool of blood.

Mr. Sharp Did you notice whether the soldier smeli of drink or not?

Witness-The nian satelt of liquor, Another indian witness, a constable, told his story, and said that when he saw the soldier lying on the Path the man's face was smeared with blond. Doril his attention had been call. ed to the body lying there he had not noticed anything unusual on lattery Path. The soldier when picked up smelt of laquar.

The Foreman of the Jury-Did the witness hear anyone vomiting there?

The witness-No, I heard no vomiting that night.

Dr. Bell, Superintendent of the Government Civil Hospital, stated that a ginner of the R.G.A. was brought to the Hospital on the 17th July. He was unconscious lie had a wound on the left eyebrow and his skull was fracturedk He died that same day at 9pm.

Was the fracture a bad fracture in the sense that it required a heavy blow to cause it?- Yes, it was a bad fracture.

Could such a fracture be caused by the blow of a bludgeon 7--You mean hurmmorhage also?

Everything-No.

What was the most likely cause to bring about the effect you saw?-The most likely cause would be a fall.

Would it have been caused by falling against the pavement of Battery Path?-Yes, the pave ment or the kerb.

By Mr. Sharp-Do you think a man who had received such a blow could rise and walk along Battery Path for any distance ?--It is possible, but not probable.

A man is more likely to fall heavily if he is under the influence of drink?-1 the drink has affected his legs.

That is to say if the effect has been such that he has previously been reeling along?— Yes, in that case he would fall more heavily.

By a jurymao-Is it possible to get a heavy smack in the mouth without leaving a mark? -No.

Mr. Sharp-1f you struck him on the teeth would there be any mark on his mouth?-Not if he struck him on the teeth.

The Attorney-General-lle would have to have a big mouth and keep it wide open (faughter).

Sergeant O'Sullivan, after giving the evid ence already published, said he examined the vonit in Battery Path. It did not smell of any spirituous liquor. When the deceased man vomited at the police station. his ejection smelt of beer.

He was asked whether he thought that the smell of spirituous liquer would cling to vomit which had been lying on the ground for an hour before it was discovered. He replied that he thought a great deal of the odour would have evaporated.

By Mr. Sharp-You heard to-day that it was said the deceased man had only one drink at the Praya East Hotel on the 16th inst. ?—Yes.

You knew that was not true?-(No answer.) You have to get up a case impartially for the Crown yet you allowed that statement to pass? ----(No answer.)

The proprietor of the l'aya East Hotel told you, Sergeant O'Sullivan, that the man now dead had two drinks, not one, and offered to give evidence on that point 7-Yės,

You are not to try to get a conviction against this unhappy man by the suppression of evidence?--I didn't suppress evidence.

In reply to the Attorney-General, the witness said he did not remember it being stated in the Police Court that the deceased had only one drink in the Praya East Hotel. He was not in Court all the time. He had not been questioned on the subject.

The Criminal Sessions was again crowded

case of Aaron Ellis, who is being tried on charge of the mansianghter of a soldier named Richard Sampson, gunner in the Royal Garri zon Artillery, was resumed. All the soldiers off duty seemed to be in Court, and several had been waiting admission long before the Couri opened. so iew was the number of natives

an interpreter asked me how I would speak at the trial.

Where did you spend last night ?-In the Circus.

Where did you sleep last night in the Main Hotel.

By the Attorney General-What is the name of the prisoner's emissary who asked what you would say at the trial?-1 don't know his name; it was the first time I ever saw him.

What nationality was he?-1 don't know. What language did you use in speaking to When did this conversation take place? Three days ago.

him?--Yiddish.

present that the appearance of the audience suggested a Court-house in England rather than a British Court in China. The prisoner, albeit a trifle pale and careworn, held himself stoutly, and took his chair in the deck with much assurance, even sang froid. Many of his friends and acquaintances who attended the trial gave him encouraging nods, and the jaunty air of his counsel lent colour to the opinion

Tell us the circumstances of this meeting that the prospects of the accused in the issue. were at least hopeful. The Chief Justice, Sirt was in an eating house-I can't remember the name. I met him by chance. The man Francis Piggott, look his seat shortly after ten

beckoned to me to came to him and 1 went. o'clock.

What happened?-He asked me in Eng- lish-1 can't tell you in English what he said, but I understood what he meant.

Counsel were at the bar some time previous ly. The Attorney-General, Sir Henry Berkeley, instructed by Mr. F. B. L. Bawley, appeared for the Crown; Mr. E. H. Sharp, K.C., instruct ed by Mr. P. W. Goldring, represented the delendaut.

EVIDENCE.

HOSTILE WITNESS,

The Chief Justice (at the outset) said that there was oue question on which he wished to

obtain information. He presumed that the learned Attorney-General Junked upon Miss Desbien as hostile witness.

The Attorney-General-Of course, she would The Chief Justice-It is well that the jury should know.

be.

THE RUSSIAN WAITER'S STORY.

Constantine Burmakine, a waiter at the Owl Grillroom, was called:*

Major Sexton, in charge of the Russian Campi here, was sworn in as interprcter.

The Russian gave evidence regarding the visits of the prisoner and the two women to the Owl Grillroom on the night of the 16th July. They were at the Grillroom until about ball-past eleven at night. The two women raam closed at midnight. After that huur, the prisoner and the two women returned to the Grillroom, about i dalh

MET IN AN EATING-HOUSE.

The Attorney-General-My Lord, and gentle men of the jury, that is the case for the prosecution.

THE DEFENCE.

Mr. Sharp, K.C.,. then opened the case for the defence. At the outset he, remarked that he did not think that it was necessary to explain to the jury the nature of the defence because they must have found that out for themselves while the evidence for the prosecu-

Your attention is solely directed to reading law --No, not that; but I have nothing to do with Mr. Goldring's cases.

+

HONGKONG CLUB STEWARD. John Quinn, steward at the Hongkong Clubi, said on the evening of the 16th in the was in the Hongkong Hotel playing billiards The defendant came and spoke to hit and the friend with whom he was playing. The de- fendant spoke to him first about 10.30. From that time he saw the defendant off and on until closing time. If the defendant went to the Owl during that time it would have been for a very short time.

Not for an hour? don't think it possible. Or half an hour?-Hardly possible. The Attorney-General-The Owl Grillroom is about two minutes' walk from the Hongkong Hotel ?-That is so

A WAITER'S EVIDENCE.

Cecil Peachley, waiter at the Silver Grill, said on the 16th July he was at the Owl and went an duty at 9.30 p.m. When he came on duty, Miss Desbien and Mrs. Slater went out. They went to the Metropole Hotel. Neither Miss Radcliffe nor the defendant was there when he entered. Miss Desbein and Mrs. Slater returned about eleven o'clock. He saw

tion was being led. He would just tell them the Russian Bu makine there. He had been some of the points which he would set forth. assisting the Russian at a conjuring perform He would submit to the jury first that the pro-ance. The Russian came in about ra.30; he secution had failed to prove what, in order to had supper and one brandy, e stayed an succeed, it must prove that the injury hour and then left. He went away about 11.30 of which the accused died-they all knew or a litle after. He did not re-appear that what that was quite well-that that injury was night. inflicted by the defendant. That was what the prosecution had to prove and he would argue before the jury m some length afterwards that it had wholly failed to establish that proof Fortunately there was no question as to the cause of death. The deceased died from an injury inflicted upon the left-hand side of the head, and it was only that one injury they had to consider. He would submit to them by the evidence, very la gely, which they had already

In what condition was he ?-He was intoxi cared, drunk.

You say Miss Desbien and Mrs.. Slater re- turned about 11?—Yes,

AT THE SILVER GRILL.

intoxicated.

Just then the defendant came up, but from pocket when he started out to spend the $4.0 what direction he came she could not tell. Misscliffe was that the man was decidedly under The evidence of Miss Derbien and Miss Rad- Desbien was crying and said "Look at me. A soldier struck ms.? Ellis said "Where is the influence of drink. All the police said that he," and Miss Desbien showed him. Then the soldier smelt of drink, and if they said so it must be taken that the deceased. had a good- witness said to Ellis-"Get him or fetch him," and Ellis said "I'll fetch him "and went off to deal of drink. If the man had not been druski fetch him. They both got out of the 'rickshas, he would not have assaulted the woman in the Miss Desbien tell, and she was helping Miss ricksha; if they had not been drank he would: Desbien to rise when the defendant came back, na have allowed the prisoner to assault him. When Ellis came back they said "Where is submitted that the weight of evidence. he," menning the soldier, and Ellis said Up showed that the injury was caused by the there." Miss Desbien said-"Come on; let's second fail. The girls touched him and he turned over; they wanted to see his face in go and see him." She' and the witness went up the Fath. The defendant stood at the food order to identify him. Even if the defend

ant'e blow was proved to have killed the deceased-and he submitted that had not of the Path holding a little dog.

been proved-then that blow was a blow given in self-defence, after the deceased had struck the woman and was in accidental' killing and in law was not a criminal oflence:" With regard to the evidence of the Chinese' boy, it was a very significant fact that that boy lived at the Soldiers' Club, and it was admitted that there was a very vindictive feeling among the deceased's comrades against the defendant. The boy, knowing that the 'rickshas came from Wanchai, said that they came along Queen's Road; as a matter of fact they came along Des Vaux Road and up Icehouse Street. It might seem that the boy had been "coached."

ON BATTERY PATH.

Did you see the soldier?—Yes. Where-Right under the gas light. On the ground?—Yes. Which gas lamp was that?-The first one. Quite sure of that ?-Quite.

You looked at him?—Yes. See his face?-Yes I saw it clearly because the light was shining on it.

Was there any mark on his face ?—No, sir; there was not.

Did you form any opinion-whether he was injured or only drunk?-I thought he was draak.

up

Miss Desbien touched him with her shoe.

But you saw him more 7-Yes.

'roceeding, witness said they went as far as the Silver Grillroom and met Mr. and Mrs. Stater. Mr. Ellis got out of his ricksha and showed it to Mr. Slater, and the end was that the Owl was opened again some brandy got for the knuckles. They got back eventually to

The Chief Justice said he was very axious that the same question should not be put to not been used with regard to the boy... Miss Radcliffe. The word coached had

Mr. Sharp remarked that he did not say the.. boy had been "conched," but it was possible for the boy to have been coached, although it was not suggested that he had been. On the question that the defendant did not report

he turned over, and said something but what it was she could not hear. Miss Desbien took the badge off his sleeve. Afterwards they took rickshas from the bottom of the Path. She turned round, saw the soldier lying on the Path '.

A SIGNIFICANT MOVEMENT. Did he move?—Yes, I saw him move. Did he rise? I thought he was going to get this matter to the police, the proper course undoubtedly was to make a statement to the palice. But there was a very natural hetilation in doing 50, He knew himself morally innocent; he knew his unfortunate relatives would be subject to great pain, trouble, and annoyance. This case was totally different from the case of a man who stond aside when he saw another unjustly charged. body put it down as a pure accident. Ha thought the course followed by the defendant was the course the majority of people would have followed. The course defendant took was not an unnatural course to pursue. If the their plain dury to say so, but he pointed out jury considered the defendiat guilty it was

the terrible consequences which a conviction for manslaughter meant and remarked that the sufferings which the prisoner had already undergone would never be erased from his JAISONER'S NEW STATEMENT. Mr. Sharp said, after he had closed his address, that he was told the accused wished to make an additional statement.

left, but the man remained behind. The Grit, heard, supported, of course, by the further evi- the accounts and when they got alongside the Thomas's Grillroom. They went hack up the There was no one unjustly charged; every-

HER MOUTH CUT,

Did you notice if there was anything the matrer with the tace of either of the two girls? On the bigger of the two girls 1 uoticed a cut on the lip and she said she was hitt.

Did you see the character of the cut?-No, she held her handkerchief to her lips.

.

Did you see bood?-Yes, I saw blood on her handkerchief.

Was there anybody else in the Grillroom be sides yourself and the three visitors?-Mr. aud Mrs. Slater and a boy.

WHAT KULIS SAID.

.

Did you heat anything said by the prisoner, Ellis, after he came m2-Yes, I did.

What did you heart-He said "I gave it to him one time and that was enough." Then he said to the girls "Let us go."

Did they gaYes, they went off together. When did you next see Mr. Ellis in the morning of the next day.

Where?in the Owl Grillrooni.

dence he would submit to them, that it was clear the man who died was under the in- fluence of liquor. What apparently happened was that the deceased fell, got up again, pro- ceeded some distance up the Path, tell a second time and sustained the injury which caused his death. They had to deal with probabilities, 50 they might take it the vital injury was caused where the man was found dead. It was per- fecily clear that what happened, happened within sight of the Hongkong Bank, but the policeman there said he saw nothing until he was called to look at the man lying on the ground. There was a minor point herbad to refer to in connection with the probabilities of the case. It seemed likely that this second and fatal fall occurred when the man was

trying to light his pipe. Nobody saw it, But they found the man lying at what the police described as about the lightest por- tion of the whole Path. That was the place a man would select for such an operation as lighting his pipe. They found him with a half charged pipe. They all know the habits of men of that class who carried half-charged pipes and lighted them about half a dozen times before re-charging them. In all proba

And Miss Radcliffe he also came in. They all went away before twelve. The defendant had not been in the Owl up till then. They closed up the premises at 12 o'clock, made up Silver Crillroom a little way up, they met the defendant and two ladies in rckshas and the defendant asked Mr. Slater if he had anything to rub his hand with because it was cut. Mr. Slater said he had nothing but spirits. They went back to the Owl, Mr. Slater brought out some brandy and the hand was rubbed. The ladies were in the sicksbas. He did not speak to Miss Desbien, but he said her mouth was a little swollen, she said a soldier had struck her. The defendant was not at the Owl at all on the following day.

Are you aware of the evidence of Burmatkin in this case --A little.

What did you think of it?-1 consider it false. Burmatkin has admitted to me note than once that the evidence he gave before the magistrate was not true.

AN ILLUSIONIST.

By the Attorney-General-He had been as sisting the Russian at the Camp in conjuring.. What was he doing ?-He called himself an illusionist.

path.

What did you see?-Nothing of the soldier where he had been before. Miss Desbien said "Let's go up the other way."

A POOL OF BLOOD..

What did you do?-We went further up and

there we saw a pool of blood.

What sort of distance was it up?-Quite a

good distance.

It was still on the Battery Path ?Yes, sir. When you saw this distressing sight what did you do ?--Turned round,

And then?-Went home. Who bad charge of the dog before you went up the hill?-I did.

Did Miss Desbien bave charge of it at all?— No.

Why did you say nothing about this affair?-Decause he asked me to say nothing on account of his people.

mind.

The Allorney-General anid the rule was clear, that no statement and could be received after counsel had closed his address.

The Chief Justice remarked that counsel res could make their statement.

When you went up the Path the second time presented their clients so absolutely that they The Attorney-General said he had no objec lion to the statement being made, but it was not right. It prejudiced the jury.

was it because you were anxious test he had been injured?-Not at all.

In cross-examination by the Attorney General,

The witness said that she was at that time

Is he a clever man?—No, sir; not a clever man at all (laughter).

And that is why he took you with him?-1 living with Ellis as his wife and was doing so suppose so (laughter),

Did you see Ellis speaking to anybody bility the soldier was endeavouring to light his Did he amuss the audience?-1 don't think still. She had to'dan untruth to the police

He was talking with Madam Slater.

What did you hear him say?-He told her not to say anything about what had happened the previous day,

ADVICE FROM A FRIEND

Mrs. Slater make any reply?—She answer ed-"I will leave the Colony next month."

What did she say?-She said "You should leave the Colony next day."

Ellis make any reply?-No, he didn't answer.

Are you still in the employment of the Owl Grillroom -No.

When did you leave-I wasn't employed as, a workman there.

You were a waiter there on the 16th July weren't you?--No.

What were you doing there then?-1 was only sitting at the table eating.

You used to sleep there, didn't you?—I slept where Slater and everybody else slept.

In the same house?-No, in the next house.

A WILLING BOARDER,

You boarded with them and gave them as sistance-Yes, I boarded and gave my services.

Witness said that Mrs. Slater was an Austrian Jew,

inspector Hanson stated that on the 24th July-seven days after the death of the gunner -he summoned Miss Desbien and the prisoner to his office. Miss-Desbien admitted that she had been out, but said she arrived home at When Mrs. Slater and the prisoner spoke 11.30 p.m. When asked whether the prisoner ogether what language did they use?-Mostly was with them Miss Desbien said-"Oh, it | English,

pipe. There was a match box crushed under his hand and a large number of matches, not crushed, lying around. The soldier hadn't his pipe in his hand when he was with the twe girls. There was a case of reasonable doubt here. and if there was a reasonable doubt the defendant, as his Lordship would tell them, was catitled to the benefit. There were se veral points which would lead to a reasonable doubt, and these he would deal with more fully when he had submitted the evidence of the witnesses for the defence.

THE BAR MANAGER'S STORY.

Kenpeth Gaskell was the first witness called, He said he was now proprietor of the Ow! Grillroom. On the 16th July he was manager of the "Hongkong "bar and he remembered that night. The prisoner was there certainly at half past eleven. He said 'good-bye' to witness at closing time, at midnight. He saw prisoner again outside the Hotel. Since the passage of the Hotel had been closed, they had to go round Pedder Street to reach the Hotel He saw the defendant with a number of people in Des Voeux Road. He spoke to defendant- that would be about 12.20-and eventually, walked up to Queen's Road. They parted beside the Clock Tower, just at half past twelve.. Hr did not see the defendant again.

Was he at all under the influence of drink?

couldn't have been 'ha. He was at home in Any other language?-At that moment they-Certainly not, so far as i could see,

bed. He bad a sprained ankle." The Inspec tor remarked that he was sorry that prisoner would not help him. The prisoner said he would have helped him if he could, but he bad no knowledge of the affair. On the 25th of July he arrested the prisoner in the bar of the Hongkong Hotel, and charged him with mur- der. They sat down at a table, and the detec tive cautioned his prisoner. The prisoner said: "I can prove all my actions on that night up till half-past twelve or a little later. I can prove by witnesses I was in the Hongkong Hotel until closing time; and by other wit if not later. I then went to Queen's Road, nesses my other actions up till half past twelve, opposite Yee Wo's and was there until hall past twelve. That is all I wish to say, I then went to the Annex of Thomas's grillroom,"

only spoke in English,

And the girls? They only spoke in English. Do you understand English -Yes, just idle.

RUSSIAN-ENGLISH.

Can you repeat in English what was said ?— The witness in broken English and waving his fist said "I hav give von blow, von goat von."

with his Gat?

The Chief Justice-Why does he gesticulate The Witness-The prisoner said it like that. In cross-examination by Mr. Sharp, the wit- Grill until about 10.30 p.m. ness said that all the party was at the Owl He himself arrived there an hour beforehand.

What had you been doing that evening ?-1 was giving a conjuring performance at the Next day, Mr. Goldring with the prisoner Russian camp at Kowloon. came to the witness and said that the prisoner

Do you know a man called Peachley who is wanted to make a confession. Inspector Han-employed as a waiter at that Owl Grill-room ? sou referred them to the Captain Superintend-1 koow him. He was at that time a waiter ent who allowed the confession to be made. at the Owl. He helped me in the conjuring Mr. Goldring wrote it down and the prisoner performance, but he did not return to the Owl signed it.

that evening.

The Attorney-General then read the confes. sion, which has already been published.

Lílian Desbien, a young American woman, slim and rather prepossessing, was called. Her evidence generally was a repetition of that given in the Court below. She remarked that when she went up to the prostrate soldier and touched him with her last he turned round; he taid to her-"I am bit, or, I am Lurt," as she

The Attorney-General-No questions," Leonardo d'Almada e Castro was the next- subpoenaed witness. He said he was clerk to Mr. Brutton. On the 16th he bad been at a dinner party at Kowloon side with his family: Blake Pier was reached between 12.20 and 17.30. Chairs were taken and they went along Queen's Road and up Battery Path. Near Thomas's Hotel, he saw two rickshas rushing out of Ice House Street from the direction of

the sea. They were occupied by two ladies.

He recognised one of them as he passed by

Miss Desbien who used to come to his office,

being a client of the firm in which he was engaged. He did not know the other. The 'rickshas stopped by the big tree in Ice House Street.

"My chair passed by them and I saw a soldier hanging on to the splash-board in which Miss Desbien was seated. at...

Did you get out?-I had no occasion to.. Did you form any impression whether the man was sober or drunk? I could'nt swear, but i concluded more or less from his attitude that he was drunk.

You returned from Kowloon together?-Yes, but we parted at the Hongkong landing-stage. |--Yes. I am with Mr. Bration.

SUPPER AT THE OWL.

Now, be very careful, Isn't it a fact that you didn't arrive at the Owl till about 10.30, stayed there one hour, and then went to bed?-No.

Think carefully. Is it not the fact that you had supper and went home to bed before clos

The Attorney-General-You are in the office of the solicitor who is conducting the defence?

You read the newspapers, don't you? Yes. You mean to say you read that a roan was, found dead in Battery Path and you didn't connect the two circumstances?—No, I did not,

Didn't you know somebody was suspected of

so (laughter).

Why not? He wasn't ball skilful enough. Not half so skilful as you?-No. Why didn't you do the tricks for him?-1 couldn't do them (laughter).

NOT ANOTHER ILLUSION.

be only went up Battery Path out of curiosity. What were you curious about?-We could see from the bottom of the Path that he was

not there.

Witness admitted that to go up Battery Path she would have had to go three-quarters of a mile out of her path. What led her to take the longest way round to go home? Witness re-

Has he any money? He says he hasn't any, but he had some when he had been with theplied that Miss Desbien suggested it. Russians.

That's one of your illusions?-I'm not an illusionist (laughter).

Who's the illusionist then?-He calls him-1 self an illusionist, but I don't think much of his illusions (great laughter),

►

Perhaps that may be another illusion (laugh (er).

Why did he come and tell you that he was a perjurer? dun't know.

But he did tell you ? -Yes, he told me and Mrs. Slater.

You require just two witnesses for perjury Where is Mrs. Slater?-Al the Owl Grill.

Having lunch I suppose? Oh, no. It isn'; lunch time yet.

NOT A LINGUIST. You don't speak English or Yiddish-No. You only speak English?--Yes, just like myself. How did you understand what the Russian said?-He spoke broken

English.

Badly broken, I should say (laughter). By Mr. Sharp--You did all your conjuring work with him in English P-Yes. "He spoke English -Not very well.

Did you make him understand you?-Yes, clearly.

T. Moses gave evidence as to having spoken in Yiddish with the Russian and corroborated what has been said already on this point.

A PUBLICAN'S STORY.

F. Oram, proprietor of the Praya East Hotel

said he knew Gunner Sampson.

Do you recollect if he was in your Hotel the night he died?—Yes.

Was he there more than once?—Yes, twice. When was the first time?-About 8 or 9 o'clock It was early in the evening. I would n't be sure about the time,

4

What did the deceased have?-A beer. As to the second time?-He came in alone, What time was that?-Between 11 and 11.30. And he bad?-Beer.

He was patrolling up and down in front of your Hotel? Yes.

Did you see him again after that ?-1 saw him at 10 minutes to 12.

A FAVOUR. What happened then ?e asked me to lend him Sz as a favour, which I did.

what form did you give him the money?- Twenty-ceats pieces.

Did you tell the police this! Yes, I couldn't 'give the name of the policeman.

The Chief Justice Did they come and ask

By the Attorney-General-At 11.50 p.m. they never came for me.. Sampson was absolutely sober.

IT WASN'T SHE.

When you saw the pool of hload you turned back?es.

What made you turn back. Did it terrify

you --No, it was somebody suggested it.

You didn't see the place where somebody had been sick?-No.

Was it you yourself who was sick ?—No, sir. The sight of blood did not make you sick?— No, sir.

But you turned back?-Yes.

When the soldier stapped Miss Desbien he❘ used the back of his hand. The Attorney General pressed the witness on the point that she had ever previously said she had seen the man move. She swore that she had said so before.

Mr. harp pointed out that Miss Radcliffe had never been called before the Police Magistrate. The witness, in answer to Mr. Sharp, caid she had never seen any Chinese by there at the time. There was plenty of light there at the time and if there had been a boy there she would have seen him.

The Attorney-General-Why did you leave the dog behind when you went up the Path? Because you were afraid it would lap?o... The Chief Justice-What made Miss Desbien fall?-She stumbled."

A Juryman-Has Miss Radcliffe received any suggestions as to what evidence she should give?-No, sir.

NO PROMPTER...

The Attorney-General-Has anyone prompt ed you?-No, sir,

Another Juryman-Which ditch was it that Miss Desbien fell over?-The one going to the left, right at the foot of the Path,

M. Sharp stated that the statement was in writing, and had been handed down by the prisoner.

:་

MRS. MAYDRICK'S CABE

A multiplicity of authorities was produced by counsel on both sides. Mrs. Baybrick's case was referred to, Mrs. Maybrick having been allowed to address the jury alter her counsel, Sir Charles Russell, had made his ad. dress to the jury.

The Chief Justice. It seems to me a most objectionable--most inconvenient-course-to- pursue, to put in speeches after counsel have delivered their addresses to the jury. **

Mr. Sharp said it was a matter in the discre tion of the Court.

The Chief Justice said he would not objecí to the admission on this occasion, but he would adhere to the practice in future.

THE CONFESSION. Aaron Ellis then rose in the dock and said he deeply regretted his connection with this affair, but he did not think he was to blame. He never thought the man was injured; he thought the soldier was just drunk. He did not go up the Path with the intention of hitting the man. He wanted to fetch bim back or get his name. It was only when the man struck him that he struck back. He kept silence in. the mauer because he knew he was morally innocent, and he did not want to involve his relatives in the disgrace of a public trial. As nobody else was charged he thought his silence would isjure nobody.

The Attorney-General ibereafter addressed the jury for the Crown,

CLOSING SCENES.. The shades of night were falling, when the Chief Justice, Sir Francis Piggott, commen- ced his summing up. The Court-room was crowded; soldiers at the door, provened the auditonum being packed as it was on the previous day. To reach the real entrance, which is devoted to the use of the judges, Court officials, lawyers and the Press, one had to run the gauntlet of a host of queries—. "Are you in this case?" or "Show that you have a right to pass.” · Few succeeded. When five o'clock came, and it was clear that, the The case for the defence was closed.. Judge was on the point of ending his address Mr. Sharp, addressing the jury, said he had to the jury, the excitement was keen. Specta

tors who had sat in Court six bours on end, in little to add beyond what he had said in his

a stifling heat, leaned forward to catch the opening and to recapitulate what had been given in the evidence was a waste of time. almost inaudible tones of the Judge's voice. But he would direct their attention to the The fans had been stopped, so that bis Lord- principal points and the principles on which ship's voice might teach the jury-box, but still they should found their decision. The most it was a strain to hear the words. At 5.15 the important principle was the presumption of judge closed his book in which the evid- evidence and that principle was the principle ence had been recorded and said he had drawn of reasonable doubt. He quoted Taylor on up a list of questions which the jury should' this subject, and raid that if on the evidence it answer, and accompanying them" were "ex- was reasonably possible that the deceased's planations which he thought might help the first fall did not occasion the fatal injury jury to arrive at a decision. TRAMAZAN

The Chief Justice, in summing up, asked the and that the deceased rose and walked on then the proper application of that principle jury to disabuse their minds of all preconceived was that the prisoner should get the benefit of notions and asked them to limit their minds to the doubt. The two things most clearly shown the main issues, leaving, aside-all extraneous, was that this man was under the influence of although he would not say irrelevant, matters." ed and that he moved after his first fall. Re-homicide was excusable or justified. They had garding the evidence, they must believe that not to consider whether the person accused the evidence given was substantially truthful. was guilty of manslaughter, but, whether, ba But there was naturally a strong bias among did the act which from its consequences the deceased's comrades against the defendant law concluded to be the crime of manslaughter. Nevertheless, some of then admitted, had to ad- The Chief Justice proceeded to recite the main mit, that deceased was addicted to drink and facts of the case, and submitted the following his companion of that night tried to shelter his È questions and explanations to the jury m

·was not sure which. She was wearing a pairing time?-1 had supper, I paid for it next day, causing the death of this man?---I didn't know you ?-Yes, I gave them this information, but drink--and that was most colourably establish-They had to consider in this case whether the

of light canvas shoes at the time.

The Attorney-General-Are you sure of that? Why sure?

The Attorney-General--Be careful. Questions were put as to the dinner at the Owl. The prisoner, witness and Miss Kadcliffe bad all dined together at 8 pm.

What had you for dinner?--I don't remem

I went home about two minutes after closing. The Attorney-General-You should phasess

And you didn't come back to the Owl again? the art of putting two and two together before you finish your articles if you are to be a solicitor,

---I didn't return..

What time does the Owl close?-It closes at 12, but what with cleaning dishes and washing

up it is nearly one before we get home.

Witness-After what I saw I never paid any heed to the matter.

How do you remember so panicularly now? Then what time did you go to bed?-A fow-On the Saturday when the man was charged minutes aftar ons mm,

at the Police Court-

Did you do the cleaning that night ?---No.

MISS RADCLIFFE IN THE LOX.

Miss Radcliffe was called, and stated that she lived in Thomas's annex. She related the story of what she did on the evening of the 16th July. She dined with Miss Desbian and Me,