The Archive · 1904

Fra Day's Hearse

Mr. F. 8, A. Bourne, Acting Coroner

at the inquest on the body of Gundah Singh, opened on the 19th September, produced the minutes of the evidence taken on that occasion. A sworn state-mont was made voluntarily by Isser Singh to whom no threat or inducement was held out. The statement was signed by Tsser Singh. 'The inquest was adjourned till the Zlet September, when Ammer Singh, Hair Singh, and' Mongan Singh made' voluntary sworn statements, and Teser Singh made another short ment. Mongan Singh did not statement, but the others did. Witue could depose to Mongan's statement as having been made by him at that time.

Mr. Platt read these statements, which were put in evidence.

Mr. Symonds wished to ask if any other evidence was taken at the inquest.

His Lordship said that nothing which occurred at the inquest was admissible as evidence, except the sworn statements of the prisoners. An instance had occurred in which by waiver of the Crown Advocate, at the request of defendant's counsel, certain evidence had been admitted, and subsequently before the Privy Council, defendants asked that the decision be set aside on the technical ground that that evidence had been admitted.

Singh, constable No. 231 in the Municipal Police Force, said that on the 18th September ho was sent to the Cotton Mill, and placed-on duty at the door of the room in which the dead body was lying. He remained four hours, during which time a Police Inspector and one foreigner only entered the room.

Cross-examined—It was the 18th or 19th September that he went to the mill. The main entrance was closed up.

By his Lordship—The first gate to which witness came was closed and he entered the mill by a smaller gate further on.

Further cross-oxamined—When he got to the mill, he saw a number of Chinese mill-hands and asked them where the body was. A sentry stood by the door of the room which was closed.

Tnspector Aiers, recalled, said the main entrance to the mill consisted of two large gates in the centre and a small on? on either side. These four gates were al! closed. when witness went to the mill after receiving news of Gundah Singh's death, and he never saw them open till about a month later. Witness entered the mill always by a gate to the east of and at right angles to the main entrance.

Mr. A. W. Danforth, recalled, said the main entrance consisted of a double gate for carriages and a single gate on each side, No part of this entrance was in use during last September. The entrance at right angles to the east was used instead. The main entrance was closed owing to the original manager's illness, which was attributed to fengshui, and the gate tothe east was built. When Chu became manager he closed this new entrance also and opened an old gate on the west side. Two new managers, who succeeded, re-opened the main entrance, closing the other two. There was also an entrance, similar to the main entrance but approached by a bridge and farther to the east, which was not in uso at this time. An entrance still further east opening on the Yangtsepoo Road had always been used. There was no gate in regular use on the west side at the tine of Gundah Singh's death but it was occasionally opened for special purposes and a watchman was kept there.

Mr. Platt mentioned that two Chinese priests, who slept in the next room to Gundah on the night of his death, gave evidence before the police magistrate, Dut could not now be found to give evidence.

Mr. Symonds thought it only fair that it should be stated that the evidence of these priests was not unfavourable to the prisoners.

His Lordship said it was impossible to admit such a statement.

Mr. Danforth said he had endeavoured to find the priests but understood they had left for Changchow and wore not stationary even there. It would take some time at least to got them.

Allah Singh, constable No. 146 in the Municipal Force, said that on the 19th September he wont on duty at 6 a.m. He knew Chate Singh and met him with another man, name unknown, on his beat near the Ewo Mill. This was, he thought, before eight o'clock. He did not speak to the men.

Cross-examined—The two men were walking together.

Sundah Singh, constable No 109 in the Municipal Police, said that while on duty on the 19th September on the Yangtsopoo Road, west of the police station, he met Chate Singh with another man, Gurgah Singh, coming towards Shanghai. He met them near the Paper Mill somewhere about 8 a.m., or after.

Cross-examined—Gurgah Sing was four or five paces in front of Chate Singh and witness could not say whether or not they werein company. He had known Gundah Singh by sight and had heard of no quarrels between him and the prisoners.

This closed the case for the Crown, except two witnesses whom Mr. Symonds desired to be recalled.

Hong Zai-ling, recalled, stated that he ala not notice the colour of the clothes that were being heated. There were three or four articles, inner and outer clothing, and the outer were of some dark colour. There were trousers and some white garments for underneath.

Seah Zo-pan, recalled, said the trousers that were dried at his boilers were black the other articles he did not notice.

In addressing the Jury on the evidence, Mr. Platt, hoped they would not think he had exceeded his duty, asked any unfair questions, nor unduly prolonged si 2:80 by introducing irrelevant matter. He asked the Jury also to consider the difficult circumstances under which the police had had to prepare their case. They had done their best, and he hoped the Jury would consider they had done their duty: The evidence against the prisoners might be classified under five headings. He hoped the Jury would not consider the parts separately, but asawhole, The first point was that the Mill was so well guarded on that parti¢ular night. No one could get in or out without being seen. Secondly, and consequently, the marder must have been committed by some one within the Mill premises. The way in which it was committed led one to the conclusion that it was committed by Indians, and not by Chinese. Thirdly, the ' prisoners at the bar were the only Indians inside the Mill that night. Fourthly, there were additional corroborative evidences against the prisoners, with which he would deal later. Lastly, what was the motive? Under the first heading, it was true the Mill was a large place, but for reasons given in evidence, there wore ten extra watchmen, and if one was asleep, that was not to say that all were asleep. The method of the murder was peculiarly Indian, and without doubt it was done with the Indian loincloth which was put in, They knew that someChineso executions were done by strangling, but it was not a customary method with Chinese criminals, whereas it was common in India. A Chinese murderer would more likely have beaten his victim's brains out with the stick found in the room. It was probable that the Indians, who had grievances against Gundab Singh, took advantage of that night, when there was no light, when the Chinese operatives wore on strike, and suspicion was likely to rest on them. The statements of the prisoners made to the coroner showed that they were all in the Mill that night. The corroborative or additional evidences against the prisoners were (a) murder evidently committed by people familar with the room; (b) the articles, including the Dutton, found in the room; (c) Ammer's stick found in the room, said by Ammer to have been borrowed' by Gundah; (d) the Chinese watchman's story of two Indians walking towards the Huangpu River at one o'clock in the morning, one of whom he identified as Mongan Singh 5 the other (tall one) was probably Chate (e) their conflicting accounts of the Aiscovery of the body, as given at the coroner's inquest, and the Inter accounts of Isser Singh going to the Chinese head watchman to ask him to "hurry up," as they could not get Gundah Singh up. Ammer Singh's evidence was very clear that they saw the body, through a crack in the door, before they went to the No. 1 Chinese watchman to say that Gundah had not answered. 1t was a suspicious circumstance, to be taken into consideration; (f) then there were the bloodstained bedding and garments taken from the beds of Ammer, Isser, and Chate Singh, which stains were proved to be caused by mammalian blood. It was not likely that blood from the killing of their food could have got on to bedding and pyjamas. They would not kill a goat in their deilroom, and in their pyjamas. He suggested that it was Chate Singh who left the Mill with Mongan at one am., and that it was he who an hour later dried his clothes at the Tee Works. It; was admitted that the evidence of this was weak. The police had done their best to got more, but failed There was, however, the damaging facts

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

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