Friday, December 30, 2011

HEART DISEASE OR MANSLAUGHTER ?

THE CASE OF FONG GEE. INQUIRY FURTHER ADJOURNED.

The adjourned inquest on the body of the Chinaman, Fong Gee, who was found dead, or in a dying condition, outside the Freemason's Hotel on Saturday evening last, was continued at the Coroner's Court on Thursday afternoon. Dr. Black (Acting-Coroner)- presided, and the jury consisted of Messrs. F. Jonas (foreman), J. Storey and W. Back. E. Teaguer was sworn in as interpreter. Mr. F. Stone ap- peared to watch the proceedings on behalf of the relatives of the deceased.

Sing Lee stated that he knew the de- ceased, who was at his laundry on Saturday, the 6th inst. He had complained of a pain in the heart. Witness last saw deceased about 10 p.m.

Dr. Anderson deposed to the admission of the deceased to the hospital. He was dead when examined. ln conjunction with Dr. Hope he (Dr. Anderson) made a postmortem examination of the body, and found the heart very small and weak. Any sudden shock or exertion would probably have caused a stoppage of the heart's action. In his opinion death was due to such a stoppage. There was a wound on the top of the man's head, which of itself would not have boen sufficient to cause death, and might have been caused by the man falling down.

In answer to Mr. Stone, Dr. Anderson added that the wound might have been caused by a blow, but it was not a deep one and had not injured the skull.

Dr. Hope, who, in conjunction with Dr. Anderson, conducted the post mortem, gave similiar evidence. Death, he said was due to heart failure.

Way Hock, who was very nervous in giving his evidence at first, stated that he and deceased left Sing Lee's together, and walked down towards the Oddfellows' Hotel. Just before approaching the hotel he noticed a crowd under the verandah, and called out to Fong Gee, who was some paces in front of him, to cross over to the other side of the road. As he was doing so, a man ran out and struck Fong Gee on the head. He could not say where exactly, but it was on the head, and not on the body. There were some women present, and one of them ran out into the road and called out. Witness went to his companion's assist- ance, when the larrikin struck him, and he had to run. Both of them ran, and the larrikin ran after them. They parted, and he lost sight of Fong Gee, and thought that he was all right.

In answer to Mr. Stone, Hock said he was about six paces behind Fong Gee when the assault took place. The night was boistrous and windy. The man who de- livered the blows was of medium height. He could give no description of him or the clothing he wore, as he was too frightened to take much notice. There were a good many people about, but only the one man spoke to deceased.

George Mcintyre deposed that he was passing the Freemasons' Hotel about five minutes to 11 p.m, when he noticed a Chinaman leaning against the rail of the verandah outside, and rolling his head from side to side. Thinking him drunk he took notice of him, and shortly after saw him fall down. He went to pick him up and found him very limp. A crowd collected and a policeman came on the scene, and the man was conveyed to the hospital by the two of them.

To Mr. Stone : He did not observe any bruise on the man's head. He had his hat on when he first saw him, but when he picked him up it was off. He did not notice any crowd outside the Oddfellows' Hotel. He was too much taken up with looking after the man.

George A. Metcalfe, police constable, deposed that he was on duty in South-terrace on Saturday night. He had passed the Fremasons' Hotel a little before eleven and had not seen the deceased about. He went up as far as the markets, and in about three minutes he was called and told that a man had fallen down in a fit in front of the Fremasons' Hotel. He went and found the man apparently dying, and imme- diately procured a cab and took him to the hospital, where Dr. Anderson pronounced him to be dead. He had met the sergeant about 10.30 o'clock at the corner of Market-street. He did not see any disturbance about the Oddfellows' Hotel. There were a good number of people about, as usual on a Saturday night. To Mr. Stone : When he passed the Freemasons' Hotel he did not see deceased. He did not see him running down the street. Gee might have passed him, as he had to attend to a slight dis- turbance outside the Freemasons' Hotel.

Cartley Woods, Sergeant of Police, stated that he was in South-terrace on Saturday night, visiting the posts, and from about 10.30 to 10.35 he was in South-terrace, near both the Oddfellows' Hotel and Free- masons' Hotel. He did not see any dis- turbance, or anyone running, nor did he see the deceased.

This closed the police evidence, but a statement was made by a woman that she had been told by another woman that she had witnessed the assault.

The Coroner pointed out that the case had assumed a very serious aspect. As the law stood if the deceased had been struck a blow, or had been caused to run away, there was no

doubt that such action would have been sufficient to cause death, con- sidering the condition the man's heart was in. Therefore, the man who dealt the blow or made him run would be guilty of manslaughter. That being so, he suggested that an adjournment should be made, in order to allow the police to discover the woman who saw the blow struck, and, if possible, secure the culprit. The only other alternative would be to return a verdict of manslaughter against some person unknown.

The jury thought that an adjournment was the more preferable course, and the foreman expressed the opinion that it was quite time that larrikinism of this kind should be put down with a strong hand.

The Coroner fell in with this view, and the inquest was adjourned till next Thursday. Friday 12 January 1900 The West Australian (Perth, WA

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