On their commission as a policeman, every officer received a copy of the Manual of Police Regulations for the Guidance of the Constabulary of Queensland. Within the pages of this book, the authors attempted to address every contingency a policeman might encounter. On the appointment of Inspector Durham in 1904 as officer in charge of the Cairns district, he instituted a weekly night school to ensure his men were conversant with the manual and standard police procedure. Possibly Acting-Sergeant McGuire and Constable Murray missed the night dedicated to Page 92, Regulation 1: "The police are not on any account to receive drink from anyone while on duty or in uniform."
According to procedure, Acting-Sergeant McGuire should secure the scene,
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Tuesday, 5th September 1905.
Eager to impress his passengers, O'Shea urged his horses up almost to the body, then wheeled the vehicle round to deposit them alongside it. Unconcerned, the police climbed out and stepped up to the body. A horde of flies hummed over it; it smelled, there was a gruesome wound on the back of the head, blood in the hair, on the clothing and in the surrounding sand. Constable Murray pronounced the bloody obvious, "This man has been murdered." He commanded the women and children gathered roadside to leave. They moved back a little. Neither police challenged the presence of Seaton, O'Shea or Dunwoodie mere yards
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11:35 am
Observing the detective approaching with the always dapper lawyer, the crowd parted. Although Seymour wore civvies, this was his sixth year in Cairns and few locals failed to recognise him. By this time, the throng included men and was within fifteen yards of the body. Seymour declared, "No one should have been allowed near here." Some spectators moved away a little, some remained, while the other police stayed mute. Seymour and Le Vaux glanced at the body. "This is terrible," said Le Vaux, "It's Peter alright. Kanakas did this. He had a five-pound note on him."
Detective Seymour commenced a search of the camp while Murray checked Peter's pockets. In the right hand trouser pocket, he found an empty wallet — no five-pound note — and in the left, a pocket knife. The knife had no blood on it. While there was blood on Lumberg's head, neck, coat and shirt, there was not a trace on his hobnail boots, trousers or the trouser pockets. In the sand under his head, they found a broken chunk of false teeth.
11:40