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August 26, 1905.]
A
CHINA OVERLAND TRADE REPORT.
an
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confession, and that he would take it down in I referred Mr. Goldring to the writing. Captain-superintendent of Police, who gave Mr. Goldring permission. He then returned to my office and wrote what the prisoner dictated.
Lilian Desbien in cross-examination stated that she instructed her solicitor to write a letter of complaint to the Military anthorities about the deceased. She deferred the instructions on the same afternoon, as she heard the man was in hospital. Next day she withdrew her instructions, as she heard the man was dead.
Re-examined-Why didn't you inform the police of this matter?-Because I thought it was sufficient to inform my solicitor.
And he told you the best way out of the diffi. culty was not to inform the police ?-No. He did not.
His Lordship-Prisoner told you he knocked the man down ?—Yes.
?—Yes. And you saw his knuckles out? — Yet you had no anxiety about the matter ?-- I did not think the matter was so serions.
to the Government Civil Hospital and handed over to Dr. Bell, who will tell you that he never regained consciousness and died at nine o'clock on the following morning. The question at issue is this: Had that unc nsciousness, which undoubtedly exis'ed at the time the man waa found by the Indian constable, existed from the time deceased fell to the ground from the blow of the from the prisoner. If the blow
unlawful one, he must prisoner was hare unlawfully caused the death of the man Sampson, and must, therefore, be guilty. The a postmortem day after the gauner died.
It was found that he examination was held. had a severe wound over the left eyebrow. The skull was badly fractured immediately under the wound, and the fracture went right away At the round to the base of the skull. base of the skull opposite the wound was a large clot of blood. The cause of death was certified by the doctor to be a fractured skull. Now it must have beon a severe blow to fracture a man's skull, and the doctor says such a blow could not have fractured it. It is also very hard for a man walking down a path to slip, fall and fructure his skull, and not as likely to occur as though he was being pursued and running, and received a blow which knocked him on the head. Undoubtedly the man did fall with great violence, and it is for you to say whether the fractured skull was occasioned by a slip without assistance, or by a blow. It was a long time before it was found out who caused the soldier's death. Ou July 27th Inspector Hanson made inquiries from the woman Desbien, and on the BEFore Mr. A. G. WISE (PUISNE JUDGE), 28th, in the billiard room of the Hongkong Hotel he arrested the prisoner who, at the Central Police Station, made a confession which was written down by Mr. Goldring, solicitor. The medical evidence clearly establishes the fact that death was caused by a fall, and if you are satisfied that the prisoner assaulted thy soldier under the circumstances related, you must certainly say it is an unlawful act. His course was not to act as a prostitute's bully; he should have taken the soldier's number and had him up before a magistrate next day.
was, and the woman pointed up Battery Path; thereupon the prisoner ran up the path after the soldier. Miss Desbien started, she says, to run after him, but states that she stumbled and fell. The fact that she stumbled and fell will have to be considered, because there is only her statement to rely on that the soldier struck her on the month. She may have hurt her mouth when she stumbled and fell. She fell, and the prisoner ran on up the Path after the soldier. Miss Desbien says that at the time the prisoner had on rubber soled shoes. Now, no one except the prisoner is really in a position from ocular evidence to say what exactly bappened between himself and the dead man. [The Attorney-General here read the statement made by the prisoner at the Police Station] The prisoner's statement that deceased's head was towards the north side of the path-that is, the part facing Queen's Road-will be of importance in determining the issue, because it is undoubtedly true that when deceased was found by the Indian Sergeant his head was flying in the direction of Queen's Road.
Chinese houseboy saw deceased speaking to Miss Desbien, but he did not see him strike her. He heard them speaking when there was evidently an altercation, and he saw deceased leave the woman and go up Battery Path. He said the prisoner, who followed him, was absent up the Path about five minutes, when he returned to speak to the women. Miss Desbien went up the path and the Chinese boy followed en and saw deceased lying on the Path. He heard Miss Desbien ask the soldier what his name was. There was no answer, and the theory of the prosecution is that the man was stunned. He saw her then touch the deceased's left shoulder, after which she went down the Path. The witness then passed on and went down the steps leading to Queen's Road near the Hongkong and Shanghai Bank, and went to Wanchai, where he is a servant. The evidence of the witness that Miss Desbica stooped down and touched the soldier's shoulder is important. because it is borne out by Miss. Desbien herself. She said when she went up the Path she touched the man, then, in order to know who he was, she stooped down and took from his shoulder an R.G.A. badge. Gentlemen, I attach importance to that object and would ask you to remember it. At the time when the man was first knocked down she removed his shoulder strap, but she did not take away the ladder which was found near the body of the soldier. It would be a most remarkable coincidence if, after the woman had gone, the deceased got up, walked away, came back and again fell down in the sam-
place; and the question is, did or did not the deceased remain where he fell. The prisoner having come down from Battery Path, rejoined the two women. They took ricshas and went to the Owl Grill Room leaving the soldier prostrate on Battery Path. What occurred at the Grill Room will be given you in evidence. It is not elear how long they remained there, when they went to a club called the R.A.O.B. I now pass on to 1.30 a.m. when, having had refreshments at the R.A.O.B. they returned in ricshas along Queen's Road to Thomas Grill Room where they all lived: instead of going into their rooms after leaving the ricshas they went up Battery Path to look at deceased. What took those people or this man?
Battery Path an hour afterwards to look
Why, when they came back, did they not go off to bed? The prisoner was well aware from the very first that deceased had received a serious wound. Miss Desbieu says the soldier was lying at a spot above where the pool of blood was, but we say the spot where the pool of blood was, was the place where the soldier was knocked down. The soldiers who came down the Path and saw the deceased did not do anything with him as they thought he was drank, and they were going down town to have some supper. After that they returned in time to see the prisoner and two women going down the Path, but the soldier had then been removed. What happened in the meantime was this An Indian Police Sergeant on patrol, going down the Path at one o'clock in the morning, found deceased lying with his head in a pool of blood. The Sergeant called out to the Indian constable patrolling in front of the Hongkong and Shanghai Bank, and together they put the man in a chair and took him to the Central Police Station. From there the gunner was taken almost immediately
The evidence adduced in the Police Court for the prosecution was again heard,
In Detective Sergeant O'Sullivan's cross- Mr. Sharp asked: Did the examination proprietor of the Praya East Hotel not tell yon that deceased had had two drinks there? That is so.
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Why did you not give that evidence in the Police Court?-Because I was not asked.
Mr. Sharp-It is for you,.Sir, to get up the case for the Crown justly and impartially, and not to endeavour to get a conviction against this unhappy man by the suppression of evidence. You knew that the proprietor of the hotel said the man had had two drinks, and offered to give evidence to that effect; yet he was not called.
What did you intend to do with the badge you took from the soldier ?-I intended to identify him with it.
Witness, in reply to a juryman, stated that the light was shining on the soldier when she took off the badge; she knew how to take it off because she could see the pin sticking out of the side of it.
IN SUMMARY JURISDICTION.
JANET BELL V. A. RUMJAHN.
The plaintiff claimed from the defendant, the proprietor of the Burlington, in Pedder Street, the sum of $1,00) damages, being for alleged breach of agreement.
Mr. H. N. Ferrers. instructed by Mr. C. E. H. Beavis (of Messrs. Wilkinson and Grist) appeared for t'i plaintiff, and Mr. H. E. Pollock, K.C., instructed by Mr. H. J. Gedge (of Messrs. Johnson, Stokes and Master) represented the defendant.
Mr. Ferrers, in outlining the case, said that about the beginning of this year Mr. Rumjahn decided to open a dressmaking establishment, at new premises opposite to the. Hongkong Hotel, now known as the Burlington," and engaged Mrs. Bell as dres maker under an agreement set out in the statement of claim. He would only call special attention to clause of this which provided that if the business did not pay it would be at the employer's option to give
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three mouths notice. The business was not ready to open until May. 1 and everything went along satisfactorily until Jun 1, when Mrs. Bell received a letter giving her three They said that a month mouths' notice. was not a reasonable time for Mr. Ramjahn to say whether the business would pay or not. Mrs. Bell worked very hard, indeed, Chief Detective Inspector Hanson. sworn, stated-On the 24th July I called the prisoneraud did her best in Mr. Rumjahn's interests. and the two girls into my office and questioned The defendant alleged incompetence, insubor. Miss Radcliffe dination and insolence. The first ground he them concerning the affair. said that neither she nor Miss Desbien had been did not think the defendant relied on.
I told her I assumed regards the latter allegations there was neither maltreated by anyone. the prisoner was the man who had avenged the insubordination nor insolence. If there were He was in bed when we little acts on the complainant's part they did insult. She said-" got home; it could not possibly have been him. not amount to insolence or insubordination. as he was suffering from a sprained ankle." On leaving I Ellis heard this conversation. said to him-"I am very sorry you are not inclined to tell me something. as I have my own ideas if you won't I shall have to content myself at presant by allowing you to go away. He said- Well, Hanson, you know if there is anything I can do for you to help you in the On the 28th July, matter, I will do it.
arrest him told him I was going to for the murder of Gunner Sampson. fore charging him I cautioned him, and told him be need not say anything unless he liked, but if he said anything I would write it down. He said "I can prove all my actions on that night until 12.30 or a little later. I can prove by witnesses that I was in the Hongkong Hotel until closing time, and by other witnesses my I went to actions till 12.30 a m. if not later. Yee Wo's, Queen's Road, and stayed there till That is all I wish to say. I then went 12.30. home to the annexe of Thomas' Grill Rooms." On the following morning the prisoner and his Mr. Gold solicitor were present in my office. ring said the prisoner wished to make a
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Mrs. Ball, sworn, stated-While in the employ of Messrs. William Powell, Mr. Rumjahn offered me a higher rate of salary, and I resigned and entered his employment. On the 1st Jane I received a letter from Mr. Rumjahn complain- ing that the business was not paying, and dis- missing me. I replied that Mr. Rumjahn had not given me a chance, and that I would hold him to the agreement. He replied that forty pieces of work was not a professional performance for a month, and that he had good grounds for After numerous complaints Mr. dismissing me. Rumjahn offered me $500 if I left the Colony when his new dressmaker arrived. I did not accept the offer as I did not want the money; I only wanted a chance to see if I could make the business pay. On the 20th June Mr. Ramjahn gave me notice to go at once, and when I went back to the shop after going had no business there, and said out he told me he would put me out or have me arrested if I did not go. It was not always possible to I do things to time with Chinese tailors. worked even harder in June than I did in May, as I wished to show Mr. Rumjahn that the
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