The Archive · 1901

ENQUIRY CLOSED

"(XO MURDER COMBATTED."

The adjourned enquiry into the cireum~ stances surrounding the death of the late Captain Clemens on board the German steamer Kwangping, was held yesterday at the Court Room of the. German Consulate before Dr. Kuipping (German Vice-Consul), and Mr. H. King (W-BM.'s 1g Mugistrate). Mr.

(Messrs, Browett and Ellis), again appeared to represent the family of tie deceased.

Mr. Ellis—Before opening the proceed-this morning, I should like to m: suggestion, which I th tant one after the evidence which was given in this case on Saturday. It is only a suggestion on my part, as I am entirely in your hands. That is, order (0 satisfy myself and the Court I would suggest—I do not know whether it is possible, or whether it would be practi able to follow out the suggestion—that as I understand the ship is coming further up to anghai, that we should try and see for ourselves exactly the result of a shut fired rom this Mauser rifle, or from one of this kind under the circumstances that we tuke it that the shot was fired on the day in question, or the night in question. Tam anxious to know exactly for myself, and would like the Court to sutisly itself as to the noise produced from a weapon of tut character, and the smell, and the smoke. Of course if the Court can' satisfy itself with regard to that point by certain expert witnesses, well and good, but I am instructed that under the circumstances there would be a good deal of smoke and a good deal of smell, Dr. Kuipping—The opinion of the Court that w recede a reply lo your request after the evidence of the doctors hing been given.

Mr. Ellis—I only wish to make the suggestion for what it is worth, ILL find advisable for your honour to recall th chief oticer I tike it that you will have no objection to my request. Ido nut know that L want to ask the ques at the present moment. Perhaps that won't be necessary alter the evidence of the witnesses in court.

The chief engineer of the steamer, Alec Nissen, was called, and gave evidence us what to his knowledge wok y the moi as discovered lend The statements as to the position of the body, the condition of the clothes, and the way in which the rifle discovered, were similar to those made by the witnesses on Ssturday.

A great number of questions were put to the witness by Mr. Ellis, and from some of them the information was obtained that Captain Clemens was an intelligent mau, why had no vices, was temperate, and a teetotaler. He wns rather excitable, but in moments of danger he hud a very cool head. There was no ill-feeling between him an the officers, so far as witness knew. He used to talk a great deal to witness of the books he was reading at the time, and rely on other topics. When witness last n he was joking with two Lady passengers at the dinner table. Some of the officers hind these rifles, which were not Mausers, but Mannlicher tities. They had them in case of need when the disturtmuces broke out up north.

Dr. Knipping said that the rifle was a Mauser rifle, of the kind that were used in the German army up to 1883.

The next witness called was Hans Schroeder, the supercargo on board the ship. He gave evidence as to being awakened about four o'clock and being informed that the captain was dead. He got up and assisted in the watch until eight o'clock. He was afterwards told that the captain had committed suicide. While on the bridge he hourd not the slightest noise, that morning. When he helped to move the body he noticed that the front teeth, were blackened, as though by power. He saw blood on the mouth and the left side of the face, but not on the right side. The oustuche on the left side was burut. He new nothing else of the atfnir.

Dr, Marshall, who was called, deposed to finding the bullet, and some hair containing a small piece of bone, in the bunk occupied by the captain.

said—Afier we had taken up the bed clothes, when I went to the ship with Dr, vou Sehab, he, the doctor, laid down on the mattress as he would in bed. There were (we pillows there, and he arranged himself as much as possible in the position in which the captain hud been found. We then tok note of the hole which was right in the comer, and was lower than the top of the pillows. The hole was not quite round. It wns rather elongated upwards, We could not push the bullet through the hole without using sufficient force. The opening was not as wide as the bullet, but it was longer from the pillow upwards than the diameter of the bullet. We took down the woodwork and found the bullet lying down. It had hit the inside ming and then dropped down on toa ledge of wood, from which I took it. We found a small' piece of bone in the lair, and there was something which als looked like w fragment of the skull, We found that the weight of the bullet was very slightly less than that of x bullet taken cwt oft cartridge, which showed that there was a slight low fiom the passage through the hend into the wall, Mr. Ellix—Let us deal with the bunk as you sar it the other diy, You say Dr. Vou Schab was lying on the bunk in the same position as the deceased. Now supposing he had committed suicide and had fired that Mauser rifle, do you think Uhat that bullet, passing through the brain, could have been' deflected downwards the way that it apparently had done?—Yee, I most certainly do.

nm not mistaken a bullet enn be very easily deflected, especially with regard to the skull?—Yes, it may often be deflected by tendon, and in this ense the bullet would, I tike it, be deflected before it passed out of the skull.

And it is quite possible that it could have Laken that course?—Quite possible.

Now, in regard (o the examination w you made with De. von Schuh, of the body, what did you find about the fice, Did it look to you as though the muzzle of the rifle had been placed close to the cheek—Yes.

There were appearances on the deceased that justifies your saying that?—The muzzle had been near, if not actually touching the cheek.

With regard to these fils teeth, do you think it_was quite possible to have these teeth driven through the skull, or could you suggest how they came to be found where they were found?—I can't suggest. Ido not think that from the nature of the wornd as we found it that they were driven through the skull. I think it luite possible that he might have moved them himself. They might have been forced out through the mouth, but could not give any definite evidence about it.

Now with regard to the position of the body. Supposing Captain Clemens had taken his life by firing off his rifle in bed. Do you not think it unnatural to find the hands in the position they were found, one tightly clutching the rifle and the, other Ising loosely on it, after the kick Wie rifle would give. Do you think the muscles would contract so quickly?—It is quite possible, and it is very often found that in pry of sudden death the hands clasp the rifle, Dr, Marshall then read an extract from a standard medical work dealing with rigor morris, which sets in after death. The extract

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account