October 28, 1907.]
CHINA OVERLAND TRADE REPORT.
What other rooms had occupants on August | there. A Chinese shipping clerk handed him 3rd P-It is a long time ago. I cannot remember.
You have told us the movements of the occupants of Room 184, when they had tea and so on? Can you tell me the movements of Boom 179?—No.
Let me look at your watch P-I have not got
one.
I thought you had from the particularity with which you gave the times of prisoner's movements. Can you identify the man who occupied Room 184 No, he was a man of about the height of prisoner.
Li Sing Hing, baggage olerk at the Hongkong Hotel, deposed to having certain baggage taken up to Room 184, and produced his book giving details of the baggage. All the articles except the camphorwood box he recognised.
Cross-examined-He was unable to identify the accused as the man who registered as W. H. Jones.
Chan Leung, house coolie in the Hongkong Hotel, spoke to having taken luggage to Room 184 on August 3rd. He identified the articles produced. The camphor wood box WAS not taken up till next day He took the trunk from Room 184 to the lift where the boarder took it in charge.
Cross-examined-He was taken to the Police Station on 25th September but failed to identify the prisoner. He was able to identify him better now. He was constantly taking boxes and trunks, like those.
Yip Sai, house coolie at the Hongkong Hotel, who assisted the previous aitness to carry the luggage, gave corroborative evidence.
Lai Lok, ball porter at the Hongkong Hotel, who gave instructions on August 4th to two coolies to carry a box for a visitor from the hotel to Butterfield and Swire's, said he saw the boarder leave with the coolies.
Can you identify the man ?-Slightly. Is be in court ?—Yes. Where P-Prisoner.
What do you mean by slightly ?-He was there for about a week and I only saw him once. Then the police came and made inquiries.
What do you mean by slightly-I only saw him once.
Are you sure this is the man ?-I only saw him once but he talked to me and I think I remember him.
Lo Yau, coolie, said that on 4th August he was engaged by a clerk in the Hongkong Hotel to carry, with another coolie, a box from there to the office of Butterfield and Swire. A European accompanied them. The box he carried was something like that produced. The European was the prisoner. He paid them 2 cents each. Witness identified prisoner at the gaol on September 5th.
Cross-examined-He was often asked to carry luggage to and from the Hongkong Hotel. If the people from the hotel were not able to carry the luggage themselves they asked him.
Could you identify people for whom yon carried luggage like this six weeks afterwards? -Sometim-8.
After tiffin Chan Tsoi was called. He said he was a street coolie, and remembered being at Blake Pier on August 4th A European, who was there in a ricsba, asked witness to get two coolies for him, and he and his foki followed the European to Butterfield and Swire's. There they got a box which was lying at the foot of the staircase. They carried it to the bamboo wharf and put it on a sampan. The European followed them. The box in court was the one they carried. Witness did not know the European before and could not identify him. H. W. Kent, shipping clerk in Messrs. Butterfield and Swire's, testified to being in his office on Sunday August 4th. About ten that morning a man called at the office and said he wanted to send a box to Holbow.
Sir Henry Berkeley objected to conversa- tion going in as evidence.
Witness, proceeding, said he was not in a position to identify the man who e lled with the box. This man had a conversation with witaess and then went away, returning an hour after- wards. They had a further conversation. The man did not remain more than five minutes on his second visit, and when he left the box was still there. Witness issued the ordinary parcel receipt for the box, and when he returned to the office on the following morning the box was not
the parcel receipt on Monday morning.
Sir Henry Berkeley objected to this evidence, The Attorney-General-We have evidence to prove the fact that the prisoner engaged certain coolies to carry the box to Messrs. Butterfield and Swire's, and I propose to get in evidence what took place there. I submit that what took place between a certain in. dividu l-whether he can identify the pri- soner or not and the prisoner, is evidence.
His Lordsbip-I take it that I should tell the jury, after considering the whole of the evidence, that if they come to the conclusion that it is probable the man who went there was the prisoner, they can do so.
Sir Henry Berkeley-In the meantime, un- less the witness can identify the prisoner as the man with whom he had the conversation, it is not evidence.
The Attorney-General-The effect of my learned friend's suggestion would be to shut out material evidence as to what took place. I have a group of wit esses who will identify the prisoner as the man who had the trunk taken to Messrs. Butterfield and Swire. I want now to get from this witness what actually took place there.
275
Cross-examined-Witness was taken to the jail and asked if she could pick out the man, but she could not.
The
H. Macfarlane, medical officer in charge of the Public mortuary at Kowloon, remembered a trunk being taken to the mortuary on August 7th. It was opened in the presence of witness and Inspector Hanson, and other police officers were present. The trunk contained the body of an adult female. The legs were bent on the thighs and the thighs on the abdomen. head c uld not at first be seen, as it was in the bottom of the box and hidden by the arms. The body was very much swollen by decomposi tion. A blue waist belt was firmly knotted round the neck, and a hair brush had been inserted under this and given one complete turn. Assuming the woman to be in a state of intor'cation and with the band round her neck as described, it could have caused instantaneous unconsciousness and subsequently death.
On the assumption that the woman had been strangled would you expect to find blood on any part of the body ?-Blood might flow from the nose, ears and mouth.
Proceeding witness said when be examined the body at the cemetery a woman named Josie Marshall was present. Self inflicted strangulation by mechanical means
like a brush or a stick was very rare.
Sir Henry Berkeley-But not impossible P-
His Lordship-I take it be wont identify him?
Sir Henry Berkeley-He does not. His Lordship-I don't think it's worth while No. going into that conversation.
The Attorney-General-I an only anxiou to at the jury in possession of all the facts so far as we know them.
Sir Henry Berkeley-I would like your Lord. ship to make a formal note of my objection that a shipping receipt given to one F. Jackson, by this witness, is not receivable in evidence unless the witness can swear that the prisoner is Jackson, and the witness declares his inability to identify the prisoner with the man Jackson, to whom the note was given. I don't press my objection just now because my learned friend has been arguing to you that W. H. Jones went to Butterfield and Swire's, and the persons who took the parcel swear to the prisoner b ing W. H. Jones, but it appears that the shipping receipt was given to man named Jackson. There is no evidenee before the Court, and no one knew the prisoner as Jackson, consequently there is no evidence to connect W. H. Jones and Jackson.
His Lordship-That is the reason I am allowing it.
Sir Henry Berkeley-If you tell the jury that I will be qui e satisfied.
The Attorney-General-If your Lordship is going to rexaid the point raised by my learned friend I should like to add something.
His Lordship-I have overruled his objection. Wong Kau, declared, said he was at Pedder's Wharf on August 4tb, and was then called by a European, the prisoner. They went to the office of Messrs. Butterfield and Swire where they got a box the accused pointed out to them, and carried it to the bamboo wharf. The box in Court was the one they carried. They put the box aboard a sampan, and prisoner went on board with it. At the jail witness picked out the prisoner at once
Cross-examined-Witness was taken to ibe jail on 25th September. He had bever seen the European before the day be saw him at Butterfield and Swire's.
H. W. Ket recalled, in reply to Sir Henry Berkeley, said the box he saw bad labels on it.
Lolita Levitt said she lived at 44, Lynd burst Terrace, and on August 3rd was living at
18, Hollywood Road, She koew the deceased slightly. Ou August 4th deceased called on wita ss at 18, Hollywood Road, There was a man with her, and witness took him to be an American. She did not know bim before. The pair stayed in the house from twenty minutes to half an hour, daring which time they had two pints of champagne. The man who accompanied deceased appeared
thought was clean sharen young, and she She could
see any res-mblance be- tween prisoner and the man who called at her hoa, She did not know what the person looked like who called at her house. Miss Dayton gave witness a chit for the two bottles of champagne. Deceased was wearing some rings that night. She also wore a blue skirt, a blouse and a smalloket.
not
There were no marks of violence about the throat?-I didn't see any.
Isn't it the opinion of medical jurists that in the absence of external marks of violence the presumption is suicidal strangulation ? —Yes.
Is it not also the presumption that a person bent on suicide takes the nearst article to hand ?
Yes.
And is it not a fact that the article round deceast d's neok was a waistband P—Yes.
And there's nothing in the appearance of the band round the neck or the knots, inconsistent with suicide ?—No.
Is the habit of indulging in excessive drink likely or not to cause suicidal tendencies in women? I dont think it necessarily causes them to commit suicide.
Does it not affect the nervous system ?—Yes, Do persons under the influence of drink very frequently commit suicide ?—I don't think so."
Proceeding, witness said the body was exh med eight days after it left the Mortuary. Josie Marshall walked right up to the body looked at it and came back Witness thought she would rather not have entered, and she did not stay long, as she could not stand the smell.
And you can stand the smell ?—Yes, I'm accus omed to it.
Will you swear that the box is the one out of which the body came ?-No.
The Attorney-General-On the assumption that this was a case of suicide, some time I take it would elapse before blood w old issue from the mouth or nostrils ?- It would depend on what violence was used.
Would it have been possible for deceased to have put her hand out on to the table and left bloodstains - No, I think she would have become unconscious immediately.
His Lordship" ould anyone knowing the deceased before, find it easier to identify the body after exhumation in consequence of the swe ling having gone down ?—Yes.
Sir Heor Berkeley-Do you mesu say that a face in that state could have been recognised by a person anywhere?—When the swelling go`s down the features become more noticeable.
Do you mean to say that after eight days the body could have been recognised by the face alone?-I think it just possible.
Only just possible ?—Yes.
In other words very unlikely ?—I should my it is unlikely.
Faug Ye, licensed simpan owner, mid the prisoner engaged her sampan on August 4th. He told her to go and wait for him at the bamboo wharf, where two coolies carried a box and put it aboard her bost, The box was placed on board amidships and accused sat in the well of the sampan after they had started, Prisoner put the trunk over the port side of the
span holding on to it by his hand. He put is right into the water, and it flosted. Witness salad hin why he put the box in the water and
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