December 7, 1908.]
8.8. "FATSHAN" AFFAIR.
INQUIRY AT THE BRITISH CONSULATE.
Our Canton correspondent writes :--- An enquiry was held on the Falshan ou the 30th ult. into the death of the Chinese passenger who, it was alleged, had died as the result of violence at the hands of a Portuguese watchman named C. Noronha Besides the British and Chinese Authorities, three Doctors, one English, one Chinese and one Japanese were present. The post-mortem examination, it is stated, revealed no marks of violence and the doctors were agreed that the man was in a very poor state of health and was dying and that Ceith was not due to violence.
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The Chinese undertakers called in by the Nam. hoi Magistrate examined the body of the deceased and have handed in a report which states that they found ten marks of violence on the body of the deceased and declared that death was due to violence. It is said that in the report, the undertakers actually stated that certain marks on the body of the deceased were caused by kicks from a foot. It is marvellous how the Chinese undertakers by examining the body could state positively that certain marks were canned by Wicks from a fint.
CROWN ALINA
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CHINA OVERLAND TRADE REPORT
fell back on the deck, but I am unable to say | how he fell. Deceased was rolling about crying in a loud voice for some time and then became quiet. The man who sat next to me was asleep; he got up and looked at the deceased. Many other passengers also went up and looked at the deceased. I also got up and went to look at the deceased who was dead. I knew he was dead because somebody pushed deceased and he did not more. I did not notice that any of the officers on hoard went to the deceased. Some passengers went up to call the officers. I did not see the watchman afterwards. When I went on board the Fafshan the deceased wiLY already there. The affair happened at about 11.30 p.m. The deceased was an opium smoker. He was smoking a egarette and was sitting up when I came on board the sicamer. The | watchman asked deceased for his ticket; a Chinese sailor asked me for mine. They were not together. The deceased was lying alongside the hatch when the tickets were collected. The distance between decessed and myself was about six feet. The Companion ladder was between me and the deceased." I did not notice who was with the watchman until he kicked the deceased.
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Cheong Lau Ki was then called and said; I reside in the Yu Tai shop in Tai Shan Kai, Canton. I was a passenger on the s.s. Fafshan | on the 37th ultimo, Megamix 20 I wase deck passed,"er. I was lying don
ard by Mr. H. II. Fox, II. B. M. Consul General, somebody for my ticket. I did not see the oper.el an inquiry on Tuesday last. Mr. person who asked for my ticket, but handed him J. D. da Costa de Moraes. Portuguese Consul-uy ticket. Shortly after I heard a cry Ah General, Mr. Sit Wing Min. the Viceroy's Yah" and I got up and saw a foreigner kick the Foreign Deputy and the Namko Magistrale | decoise and walk away. I was siting the were present. The manager of Messrs. Butterfiold
mats away from the deceased. I RUM the and Swire, owners of tho 8.8. Fatshan, was also deceased sitting when the watchman kicked him. present watching the case on behalf of the firm. The deceased immediately fell down. I cannot The precise nature of the chargo the Consul say whether the accused is the foreigner whom was required to investigate was that a Chinese I saw kicking the deceased.” Deceased cried for passenger had been kicked to death on the s.s. three-quarters of an hour and died. I got up and Fatshan on the night of November 29th. C. de Noronha surrendered himself as being the person referred to in the charge and pleaded not guilty.
Evidence for the prosecution was called :--- The first witness was Tam Sheung Po who deposed as follows:-I am an insurance broker in Hongkong and was passenger of the Rs. Fatehan on the night of the 29th ultimo. I heard a great noise amongst the Chinese deck passengers, and went down to the lower deck to see what was the matter. I saw a man rolling about on the floor of the deck in a dying state. I did not hear the mau speak. A lot of passen. gers were gathered around the man and there was great confusion. I tried to quiet. them saying that the matter could be reported to the police on arrival in Canton. The man was then dead. I could not get near. but heard people say the man was dead. I did not see the Portuguese watchman. There was too much confusion to see clearly.
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Yeong Wo Kai was the next witness called and he made the following statement:-I live in Cho Min Sai Pin Tau in Fatshan. I am 37 years of age. I am a rice merchant and was one of the deck passengers by the s.s. Futshan. My shop name is Hang Tai. I was sitting on the floor of the deck close to the deceased doing nothing. I 88W some Chinese collecting passage money. I did not notice the Portuguese watchman at that time. They omitted to collect passage money from the deceased. Afterwards I saw a Portuguese watchman go up to the deceased and call out Show your ticket" Tho deceased was then lying down covered with a red blanket. I could not see distinctly which way the deceased was lying. When the watchman cried out Collect ticket" ho kicked the deceased to wake him up and the deceased sat up and rubbed his eyes. The watchman pushed doceased twice when asking for his ticket. I heard the deceased Bay I have no ticket; you have not collected my passage money. How can I have a ticket ?` The watchmen again asked the deceased for passage money and at the same time struck deceased with his hand. Deceased cried out "Pain." Deceased then paid the watchman 60 cents from his pocket. I did not see clearly the exact amount paid, but I think it must have been 60 cents. After. the watchman collected the money, he gave the deceased a hard kick with his foot and went away. When the deceased received tho last kick he made an exclamation of pain. Deceased then
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went to the deceased, took hold of his hands and pulled them several timos. As he did not move I knew he was dead. There was great confusion. I told the people not to make a row. After a long while some Europeans came down to look at deceased.
The hearing was adjourned to 2.30. p.m. There was a large crowd of Chinese reporters members of the Red Cross Society and Self- Government Association at the Consulate listening to the trial of the case.
The inquiry WILK resumed O Tuesday afternoon. Two witnesses were examined --& Chinese dentist of Hongkong named Fung Cheuk Shan, and a member of the Chinese Ambulance Society, named Hui Ching Po.
The dentist was a passenger on the Fatshan and all he knew of the matter was by hearsay.
Hui Ching Po deposed to having examined the body of the deceased and having found
several marks of violence.
he
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Questioned by H. B. M. Consul-tioneral as to his qualification for giving evidence as to the nature of the alleged injuries, witness said that had been employed as ali apprentice in a chemist's shup in Fatshan for one year and afterwards joined the Cautou Âm bulance Society.
His evidence was rejected as also was that of the dentist.
The Consul-General said no evidence would be accepted except from qualified Chinese practitioners with proper diplomas.
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Dews-
The Consul General, addressing the Chinese reporters who were in the Court, said: 1 Lave been shown a copy of the Chinese paper Kok Se Po issued yesterday morn - ing in which te depositions of the Chinese witnesses exam and yesterday are printed almost word for word in an article entitled The Mur- der of a Chine passenger by a foreigner on the Fulshan. This article. published before the enquiry had taken place. had the effect not only of prejudicing public opinion against the accused, but of rendering the evidence of the witnesses for the prosecution untrustworthy and of little value. Any one of the 600 passengers on the Fatshan having read this article might have come forward and corroborated in detail the ovidence of these witnesses. To publish the depositions of witnesses while a judicial enquiry or trial is pending is entirely contrary to Western ideas, and it will be my duty to bring the conduct of the editor of the Kwok Sze Po to the notice of the
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Viceroy with the request that he will take such steps as he may deem advisable to punish the editor of this paper for this unwarranted publication.
Dr. Davenport, M.R.C.S. (Eng.), L.R.C.P. (London), who said he had been been 5 years and 11 months in Canton, gave evidence. He said :— I found no evidence of any broken bones or any other external sign of injury. There was no discharge from the nose or from the ear, the pupils were moderately contracted and equal. The spleeh Was apparently large. My conclusion is from review of these facts that the deceased had been suffering from fever and that he was probably seriously ill when he want on board the steamer at Hongkong. At about 1.30), at the request of the Chinese authorities I again went on board the Faishan and examined the body. I came to the same conclusion and I was more convinced. The second examination con- firmed the first. There were some marks on the forehead of a brown colour such as frequently are seen on the Chinese, caused by counter irritants such as the burns, frequently applied by Chinese in cases of fover and headache. When I saw the body it was in the condition of rigor-mortis. The brown marks on the forehead were not recent marks; by recont I mean a fow hours old. There were no external marks of violence at all. But on the back, on the left side of the scrotum, there was a post-mortem ro {stain discolouration. That it was not the mark of all injury was proved by the fact that there was no discoloration on those parts of the body which were in contact with any other object. The docensed was not well nourished. His body was pae, the pupils were moderately contracted. I could not say positively that he was an opium smoker. I can give no accurate opinion as to the exact time the man died. His body wag, still warm when I saw it, but be might have. been dead even as much as 20 hours. I examined the body at about 10. 30. a m.
Captain C. V. Lloyd said: I am master of the Fatshan. I was on the upper deck at about quarter to 12. when it was reported to me that & Chinese passenger had died on the lower deck. About a quarter of an hour afterwards, I was informed that the Chinese passengers were creating a disturbance. I went down to the lower deck, and saw a body lying on the deck with many passengers standing round and talking loudly. I enquired what the trouble was and was told that this man had been assaulted by the watchman during the collection of tickets. I then asked for witnesses of the fact and after some delay a boy about 15 years old or thereabouts was brought forward. He said that he saw the watchman strike a back-handed blow on the man's check. There was no other évidence given. Nothing was said of kicks or blows. The boy was surrounded by men behind him who were prompting him as to what he would say. At that time no one else gave any evidence, I fold them that the charge was absurd and after sometime they dispersed and I went on deck again. About one hour afterwards I went down to see if there was any more trouble, and heard from the Compradore that the passengers were talking of writing a joint letter. I sent for the ring leader and then for the first time I heard of kicks and blows. After some time I asked him what he wanted done, and he said he wanted a fair investigation when he arrived at Canton.. This I agreed to at once and the disturbance reased. The Captain produced the regulations which were always hung up on board the steamer. and referred the Court to rule No. 19 which states that if any of the officers or crew ill-treat any native passengers they will be dismissed from the service. I have been captain in these steamers, witness added, for 23 years. It has often happened that passengers have died on board the steamers when coming up to Canton, the reason being that very often Chinese who are sick in Hongkong do everything they can to get on board the steainer to come up to Canton. Death on board is reported to the Consul when the vessel arrives at Canton. It the man has no friends the Chinese Hospital takes charge of the body.
J. B. Noland, chief officer, sworn, said:---I went down to the lower deck at about 20 minutes to 11, with the purser, two watchmen and sailors to collect tickets. I got to the place where deceased lay about 10 or 15 minuts past 11 o'clock. The man was lying down covered with a blanket. One of the watchmen took up the
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