Coonan: Mr, PW, Willams, for_ the for the accused.
Before Br. C. It, Haines, HM. Repistrce Shanghai, Nov. 29.
Charged with the murder of Lance-Corporal James Davies of "B" Com-any, Ist, Battalion, The Seaforth Highlanders, Private D. Eckford, also of "B" Company in the same Regiment, appeared In HM. Police Court yesterday before Mr. C. H. Haines, 1H. -M. Registrar, who conducted the preliminary hearing of the charge. Two private soldiers in the Seaforth Highlanders gave evidence at the hearing and told the Court of happenings outside and inside "E™ blockhouse in "B" Sector, North Thibet Road,, on the night of November 4 when" Lance-Corporal Davies was shot dead a few yards away from the sentry box. Mr. P. Watkin Williams appeared on behalf of the prosecution while Bekford was represented McCormick Stirling, aged 20, told the Court that on November "4° he was posted at "E" Blockhouse in "B" Sector, North Thibet Road, At 9.40 pam, he was marching on his beat from south to north, his beat being 70 paces on each side of the blockhouse, Lance. Corporal_ Davies was In charge of the post, Privates Sulivan, Northrop, Eckford and himself being other' members.
He went on duty at @ pin, and was come off at 10.30 pim., the other members of the post being off duty, While he was on his beat he! noticed Lance-Corporal Davies and Private Eckford standing at the foot fof the stairs leading un to the Vlockhouse, "T heard ~Lance-Corporal Davies tell Private Eckford to ro and get it." witness ado "Private Eckford said 'OK, Witness carried on his beat ina northerly direction and he notiesd Private Eckford making to go up the stairs, Laree-Corporal Davies going) to the north side of the sentry box, About four' or five minutes after: wards he wns coming bock from north to south and he. saw Private Eckford coming down the last three stairs, When he came toa halt Private Eckford was level with him fon his left hand side, Bekford's rife Being over his shoulder, wns coming to the stand-at-case position and T noticed that Private! Eckford had his rife levelled at; Lance: Cornoral Davies." witness con=! tinued, "Private Eckford was just ne east of the sentry box. about two to three yards away, When he had Wie rite Tovelled Twas faring ener and eckford was almost directly in front of me, Lance-Corporal Davies was two or three yards to the north of the sentry box. the approximate Aistanee between the two men being about four and a half yards"
At this point Private Stirling demonstrated: how Eckford had levelled hie "Tam sure it wae pointing at Tance-Carnoral Davies" he 234d. "Private Bckford said "Tam going to shoot vou?" He immediately mutter the trigger and the rife went off. Private Frkford immediately handed me hie rifle and said 'Tm ready for the Sergeant now,' He was very 'When the rifle went off, Private Stirling told the Court.' Lance Corneal Tavies. fell backwrrde Jandine on his back, Witness calmd the guard. at the same time shouting to Privates Northrop and Sullivan by Fekford moved towards the Backhouse stairs and witness followed behind, Private Northrop eared a? the top of the slaits and Private Eckford ran up the stairs after witness had told Northrop what had happened, In Fa¥ford's proseness, he exninined he told Private Northrop that Private Fekford had shot Lance-Corporal Davies, Bekford then went un the stairs and passed Private Northrop on the ton, 'Northrop following him Into the blockhouse, " Witness moved away from the blockhouse to. look' Into the window to see If anyone was felenhoning headquarters, Two minutes later Private Eckford came out of the blockhouse, escorted. by Private Northrop, both' going to the font of the stairs.
Witness moved Into position, plac Ing Rekford between" himself "and Northroo, Eekford's rine was stand ing against the sentry box on his Tett hand side, This was the position in which witness had placed it, The Guty truck then arrived, witness ox-plaining that this was a truck which Visited the sector three or four times: a day to see that everything was! alright Tt was carrying a patrol with Sergeant MoeDonald in charge.
"Private Eekfor® said We aero, Serveant. 1 shot him" witness ern: tinued, "Sergeant MacDonald then ordered Eckford fo get into the truck which command he obeyed. and he went to look at the body. The duty truck went away carrying Sergeant MacDonald, Private arlver, second driver, and the patrol! As the truck had gone witness handed Ueklord's rifle to Private Northrop and he saw him take it to the blockhouse before he came back to relieve witness at his post, Witness then went upstairs into, the blockhouse to telephone to the police and ihe officer in ci-urge of the sector but Private Sullivan' took the telephone away and said that he could not use it. Private Sullivan then {elephoned and about six minutes Tater Lieut, Marshell rived. In compliance with Lieut, Marshall's order he placed a. Nanket. ever the body, Later the ambulance and police arrived, When on duly, witness explained, they hed 25 rounds of ammunition bur when they were off duty the rifles were unloaded and they were not supposed to carry them unless: they wanted to clean them, When on sentry-go ¢ man charged is rife with five rounds in the magazine but the rifle was not loaded and the cut off was in, Answering Mr, Watkin Williams he said he did not know Davies" nickname, He had only seen him' twice, Cross-examined by Mr, Newman he said that when he first saw Eckford at the foot of the stairs with Lance-Corporal Davies they appeared.
be talking. He heard Davies say and get It but he did not know what he was referring. It was not the frst time that he had heard the. word "Dagger" used and he assumed was the name Eckford was calling Davies by. He added that Davies; could see the rifle pointing at him and that Eckford had no equipment fon, this having been left in the Private Josish Northrop said. that on November 4 he was pasted at "E" Post, Lance-Corporal Davies being In charge. with Privates. Sullivan, Eckford, Stirling and himself also. present,' At 7 pin. he was on sentry 0 in front of the blockhouse and saw accused so down Thibet Road in a northerly direction, He arrived hack five minutes Tater," At the time Lance-Corporal Davies' was. standing next to witness and he asked Eckford where he had been, To this Private Erkford renued 1Car't. 9 man go down the road to buy some cigars? Tve had them before." Lance-Corporal Davies alien told Eckford that he would be up for orders and that he. should know better than to Teave his post, Witness went off sentry duty approximately. 730 pin, and lieved by Private Stirling. He went to the blockhouse, had & cigarette find a drink of tea, Privates Sullivan, Eckford and Lance-Corporal Davies being In the blockhouse at the Um Fekford placed some cigars on the lable and witness {ook one and half smoked it, At the time Bekford wai sitting on a chair in front of the electric fire looking gloomy and not Speaking to anybody, Witness saw him sitting there for minutes and then he went was awakened by a shot, peed out of bed and made wards the door." he continued. heard Private Stirling say "Turn out the guard," He was on sentry-go at the ime." When T got to the door Private Eckford was at the top of the steps, He said "Did you hear the shot?' I've killed Dagger Davies." He was very calm, I did not take what said "seriously,"
Witness then Tot Eckford into the! Blockhouse, From where he" was! standing ai the top of the steps he saw a crowd of Chinese standing on the east side of the road, On the north side of the road he saw Lance-Corporal Davies lying on his back In a pool of blood, his head pointing north, Witness dashed back Into the blockhouse to telephone headanarters but he found that Private Beckford was using the telephone, 'The latter said "Send the officer and patrol, T've killed 'Dagger' Davies."
Witness then escorted Private! Eckford down to the road and waited for the patrol. "Private Stirling, the presence of Eckford, said to witness "He's killed Lance-Corporal Davies." At the bottom of the steps Eckford stood between Stirling and. himself for about five. minutes. when the patrol wagon came, As Sergeant! MacDonald was getting out of the truck Eckford stated "I killed him Sergeant." Sergeant MacDonald then went to look at the body and Private Eckford got into the truck, which was driven away, Private Stirling handed a _rifte without bayonet to witness and. took this to the blockhouse and Teaned it against a table, He then went down to relieve Private Stirling and was relieved himself by Private Sullivan after about five minutes, When Lieut, Marshall "arrived witness showed him where the rifle was and the officer examined It by pulling back the bolt and" looking Into the barrel, "An empty cartridge case dropped cut when the bolt was pulled back, he said, and this was Feplaced by' Lieut. Marshall, Cross-examined by Mr, Newma witness said he was one of a group of one senior soldier, three junlot soldiers and a lance-corporal, They were not all from the same platoon and were detailed by the Sergeant Major "He knew Davies although he! was not in his platoon, "Dagger" he
Text read from the printed page and cleaned; old type leaves the occasional error.