uke's Hospital, said that in the early jours of the morning of December 1, male Chinese was brought in by a Fire Brigade ambulance. He was unconscious and under-nourished. His body was cold and shivering, vith a temperature below 95 degrees, put there was no water In the luni Hu Chun-sung, a male Chines nurse of the same hospital, said that was in the Emergency Ward when naked male Chinese was brought Mr, Priestwood:—Was he a poor jocking man?
Judge A, G. Mossop: How can you ell if he was naked?
Mr. Priestwood:—I think, your Lordship, you could tell a rich man {rom a poor man.
Wis. Lordship: What, if he was naked?
Mr. Priestwood (amid, stifled wughter):—¥es, he might have hale cut, his beard out, and his nails clean.
Witness said that he thought the man brought in Was a poor man, and Hils Lordship said he did not intend to continue further questioning along this line.
Zung, Touclin, male nurse, said that Mau Te-plan was first placed in 9 ward with a number of other patients but was removed to a private room by himself as he was very noisy and groaned a great deal.
'A Submission In Law Mr. Priestwood here asked His Lordship if the jury could be excused from court for a short while, as he wished to make a submission in law regarding the admissibility of a statement taken from the deceased before he died by the Chief Clerk of the Court.
'Judge Mossop said that he did not think the trial could be carried on In the absence of the jury, and after further argument Mr, Priestwood said' that he did not propose at the moment to call the evidence, Dr, A. W. Tucker, senior medical officer "of St. Luke's Hospital. examined by Mr. McNeill, said that on December 3 he made a particular examination of a patient named Mau Te-Pian, and as a result came to the conclusion that a dying declaration should be taken without delay. The man was suffering from double pneumonia, He was delirious occasionally, and at other times could be questioned, although he was liable to wander. Witness did not tell the patient that he was not going to live.
"The Crown Advocate again askes for permission to introduce the evidence of the dying declaration, but his request was refused by his Lord: ship on the grounds that he was not satisfied that the mental condition of the patient was such that he had "a settled, hopeless expectation of death, not qualified by hope recovery.
Difficulty was once more perienced by the Crown Advocate in hhis examination of the next witness, another interna of the hospital, when he questioned him with regard to how the name Mau Te-plan came to be affixed to the patient, "Tt doesn't matter' two pins what the man's name was," said His Lordship, "he was registered and known Mau Te-pian. All you have to do Is to satisfy the jury that the man admitted to the hospital was the man known in the hospital as Mau law."
Detective Sub-Inspector John McFee then testified to his arrest of the two Accused on December 4, 1935, when he cautioned them; both replied:—"I have nothing tosay." He later took the hawker, who testified In court on how he rescued Mau Te-lau from the creek, to the bespits where he identified the man in the hospital as being the same person.
When the afternoon session opened, Judge Mossop said he felt it his duty to remind the jury that when frst arrested the two men were only a cused with doing actual bodily harm to Mau Te-pian Dr. 8, K. Squires said that on December 6 he performed a post mortem examination on the body of a male Chinese at the Public Mortuary, and found three sepa pneumonias present, the oldest which was some seven or eight old, It you had been told that the man was thrown Into a creek a: 3 am. on December 1, what critleisin would you make of the cause of teath?—I should say death was particularly aided by his being thrown into the creek.
His Lordship: Never mind anything about that. Assuming the man you saw on December 6 tad been Immersed in the cold water of the Hongkew Creek on the early morn-Ing of December 1, and rescued from the creek in an unconscious con dition and taken to the—hospital, would you have any observation to make with regard to that having bearing on his death?—Conside-ing the post-mortem finding, I would state it did have a bearing on his death, It was particularly the cause! of the newest pneumonia found. al Testimony The man, he id, had a number Kei of minor aliments, 1g well as certain small abrasions, but none of these contributed in any way to his death, which was from pneumonia. Asked by Mr. Reeks to describe the man's legs, Dr. uires said that they were thin, with the bone bowed forward.
"Bandy-legged. forwards,' ed "His Lordship. Witness agree), and said it was a common allment.
'Dr. J, H. Blakelock, a pathologist, said that his mleroscopte. examination of certain specimens of the luus entirely corroborated Dr. Squires' opinion.
The chief witness of the day, Inspector G. J, Bennett, in charge Kashing Road Statioa, then entered, the witness-box. After a report had been made to film by a Chinese detective inspector, he said, he examined various books kept in the station, and then obtained statements from the chauffeur of the station ear used by the two scoused that night and from Sergt. Makovetsky and Clerx: 'Yuan, both of whom were on: har? room' duty that night: he then tele-Phoned Captain Kennedy.
Captain Kennedy, after interviewing the chauffeur, called Judd into his office, and told him that a serious allegation had been made—against him. He cautioned him, whereupon Judd said that the statement was wrong, and that he would ko to} make a statement later.
in Poters' case; the latter, however The procedure was followed voluntarily made the following statement, which he. signed:—have had reports from the Chinese police regarding beggars and sick per-fons and when. the ambulance arrived was to be found, ce T went out make gute that the man wat sick ud an embularice wanted. "When I got there, the man was not so bad, and T ing to bring im to the station to get further particulars when he appeared {0 be O.K., 0 T lot him go.
An hour later, Judd came: n with a'statement which he had written
Text read from the printed page and cleaned; old type leaves the occasional error.