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November 12, 1898.]
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CHINA OVERLAND TRADE REPORT.
an Hing and he lived at a village called Nam Chung, about eight li from Tung Wa At the Tung Hing Tai shops silks and rice and wine were sold, the silks being sold in a shop on one side of the street and wine and rice in a shop on the other side. There was a robbery com- mitted at the shop on the 16th of October at about 3.30 p.m. When the robbery began he was sitting at the counter in the Bilk department. More than ten men came into the shop and seized him by the quene and asked him where the money was, and he said it was in the accountant's room and that the safe was under the bed. One man held him and another took up the box. The man who held him had a revolver and the other people took the stock in the shop. They took $2,000 worth of stock and broke open the safe "did unlawfully forge and utter a telegram and took 300 taels worth of silver. Afterwards knowing the same to be forged, and unlawfully they went away. He only saw what passed in and without due authority did transmit by tele- the silk shop. What was going on in the graph as a telegram a certain message well wine and rice shop he did not know. He knowing the same to be not a telegram on the recognised defendant as one of the robbers. | 10th or 11th October, 1898, at Victoria in this He had already picked him ont from a num-colony, contrary to the provisions of Ordinance ber of other prisoners in the gaol. Defendant | 14 of 1898." had a pole and revolver in his hand and said to the others, "Remove things."
In answer to Mr. Gedge, witness said he came down to Hongkong on the second of No- ..vember. He came alone. He reported the robbery to the Sun Ou Magistrate on the 17th October. The Magistrate lived about 60 li away from the Tang Hing Tai shop. There were between 60 and 70 men employed in shops at Cha Tau Kok. The master was not at the shop on the 16th of October. There were no soldiers or watchmen of Cha Tau Kok. At the time the robbery took place two other men were at the counter with him, but they had not come down yet. In addition three men were behind the accountant's room distil- ling wine. Lime and stones were stowed at the back of the rice shop and that was the reason why they were distilling the wine at the back of the silk shop. He was at the court at two o'clock that day and went and sat down in the other court, but he did not see defendant in the dook through the open door. He did not notice whether the door was open or not. H had not seen defendant since the robbery. Between ton and 20 robbers came into the shop.There were no customers in at the time.
The further hearing was adjourned.
ALLEGED FORGERY OF A TELEGRAM.
AN EXTRAORDINARY CASE.
Commander Hastings (referring to his papers)
991
at Victoria aforesaid unlawfully, and falsely did proceeded to Kobe, Japan. He was instructed forge and counterfeit a certain writing purport he left by the Japanese steamer Riojun Maru, ing to be a telegram in the words and figures and he left under the assumed name of Clayton. following, that is to say, "Springford Clay Springford would explain to his worship why ton Roijun Maru, Kobe. coming.
Wife cables he sailed under that assumed name. At any rate Matters arranged. Emslie," contrary to the the 14th October last. On his arrival he was Return. Apply passage Yusen. he left Hongkong, and he arrived at Kobe on provisions of Ordinance 14 of 1894.' He handed a telegram which was dated Hongkong, was also charged, "That the said Walter 11th October, 1898, which appeared to have George Vaughan Robinson, on the 10th or 11th day of October, 1898, at Victoria afore words and was addressed “Springford, Clayton, been despatched at 3-45 p.m. It comprised 14 said, unlawfully, falsely and deceitfully did utter Riojun Maru, Kobe," and said, "Wife cables and publish as true a telegram knowing the same coming. Return. Apply passage Yusen. to be forged, contrary to the provisions of Matters arranged. Emslie." That telegraphic Ordinance No. 14 of 1894,”
message was handed to Springford by the mana- ger of the Nippon Yusen Kaisha at Kobe getting this message, Mr. Springford went on to Yokohama by the same boat, and in conse- Maru, which arrived at Hongkong on Sunday, quence of the message he returned by the Riojun October 30th. On his arrival he went to see Emsley. He asked Emsley about the message, and Emsley at once said he had never despatched it. They both then went round to the Tele- graph Company's office and asked to see the original message. They saw it and Emsley been despatched by him and was a forgery. there and then said the message had never He must go back a bit. Prior to Springford leaving Hongkong he lived with a man named Edward Kliene. He owed Kliene some money, and on the evening of Friday, the 7th Octo ber, a man named Ruchwaldy, in the employ of Robinson, went to Kliene's office and made & communication to him. In consequence of that communication Kliene, on the afternoon of the same day, called at Robinson's store to see Ruchwaldy. Instead of seeing the latter he saw Robinson. Kliene would detail to his wor ship what passed between himself and Robinson and would say that that was the first time he ever saw Robinson. He found out afterwards, on the same evening, that Springford had gone to Japan, and meeting Robinson in the Hong- kong Hotel he told him of this. On the 8th October Kliene met Robinson at his store. On the 10th October he saw him again, and Robin- son asked him to find out from the Nippon Yusen Japan. He went to the office of the com- Kaisha as to how Springford had travelled to pany, and then returned to Robinson, with whom he had a long conversation.
It was
-I see here that defendant is charged that he his arrival at that place on 14th October, ơn m
Mr. Gedge said that that charge was not for- mulated by them in any way, and suggested that his worship should look at the sworn in- formation. The charges as read by his worship were practically comprehensive, but he thought the words he had read out were the better words. The others seemed to be very short. He had brought three charges against defen- dant.
Commander Hastings said he would amend the charge.
Mr. Gedge, continuing, said there were three charges against defendant, and the charges were brought, as he had already said, under sec- tion 6 of Ordinance 14 of 1894, which read as follows:-"Every person who forges or wilfully and without due authority alters á telegram or utters a telegram knowing the same to be forged, or wilfully and without due authority al- tered, or who transmits by telegraph as a tele- gram, or utters as a telegram any message or communication which he knows to be not a tele- gram, shall, whether he had or had not an in- tent to defraud, be guilty of a misdemeanour, and shall be liable, on summary conviction, to a fine not exceeding $50, and, on conviction on information in the Supreme Court, to imprison- ment with or without hard labour for a period not exceeding 12 months. A sub-section of section 6 said :-" For the purposes of this sec. tion the expression telegram means a written or printed message or communication sent to or delivered at a post office, or the office of a At the Magistracy on the 8th November, telegraph company, for transmission by tele- before Commander Hastings, Walter George graph, or delivered by the post office or a Vaughan Robinson was charged on the infor- telegraph company as a message or com- mation of Benjamin Emsley with an offence
munication transmitted by telegraph." An- against Ordinance 14 of 1894, an Ordinance other sub-section said :-"The expression which is cited for all purposes as the Telegra- telegraph company, means any company, phic Messages Ordinance, 1894, and which was corporation, or persons carrying on the busi- enacted by the Governor of Hongkong, "with
ness of sending telegrams for the public under the advice and consent of the Legislative Coun. whatever authority or in whatever manner such dil thereof, to secure, in certain cases, the company, corporation, or persons may act or be rights of property in telegraphic messages, constituted." That was the law. The facts and to prevent the forgery and improper dis
were shortly these. He should call before his olosure of telegrams." The preamble reads worship a gentleman of the name of Benjamin as follows: Whereas it is expedient to Emsley and also a gentleman named George seonre, in certain cases, the rights of pro-time in the employ of defendant as pianoforte Springford. These gentlemen were for some perty in telegraphic messages, and to pre- vent the forgery and improper disclosure of telegrams; Be it enacted by the Governor of Hongkong, by and with the advice and con- sent of the Legislative Council thereof, as follows: (1) This Ordinance may be cited for all purposes as the Telegraphic Messages Or- dinance, 1894"
A warrant for the arrest of defendant was issued on Monday afternoon and was executed by Inspector Moffat. Bail-$1,000 deposited
was allowed.
Mr. Gedge appeared for the prosecution, and Mr. Francis, Q.C., (instructed by Mr. Hastings) for the defence.
Mr. Gedge said this was a charge brought at the instigation of a gentleman named Mr. Benjamin Emsley against defendant, who was sole proprietor, he understood, of the Robinson Piano Company in Queen's Road, Victoria. The charge against him was under section 6 of Ordinansa 14 of 1894-the Tele-
tuners and repairers and mainfacturers of pianos. They were jointly employed in defen- dants store in Queen's Road. About August 30th Emsley was dismiss d by Mr. Robinson, as Emsley alleged wrongfully, as Mr. Robinson alleged lawfully. Emsley subsequently brought an action against Robinson for damages for breach of contract and also for two months' wages which Mr. Robinson had refused to pay him. That action was brought in the Sum- mary Court. Emsley, subsequently to his dismissal by Robinson, was employed by Messrs. Lane, Crawford, and Company as a pianforte tuner, and Robinson thereupon brought an action against Emsley to restrain him from practising his profession or busi- 'ness 23 a pianoforte tuner in Hong- kong. These two actions were still pending. Springford was up to September 30th in the employ of Robinson, and on or about that date left Robinson. As he was instructed,
on
Mr.
the 10th October that the telegram was dictated by Robinson to Kliene. Kliene took it down in his own hand-writing. Unfor tunately he was unable to produce the draft of the telegram dictated by Robinson, but that was on the 11th October banded by Kliene to a Portuguese clerk in the same office named Gutierrez, who copied the telegram out. Beck would produce the original telegram. Gutierrez handed the draft back to Kliene together with the telegram, and the latter was despatched by a coolie to the Telegraph Office with the money with which to pay for it, and the telegram was despatched. On the 10th Oct." Robinson gave Kliene $40 in bank notes, and Kliene paid the money to the Nippon Yusen Kaisha for Springford's passage back from Japan. He thought Kliene paid for the tele gram out of his own pocket. The manager of Kliene and Gutierrez would be called. At the Nippon Yusen Kaisha would be called, and present he thought that was all he had to tell his worship about the case, and he would now pro- ceed to call evidence.
Inspector Moffat said-On the 7th instant at 3.30 p.m., by virtue of the warrant produced, I arrested defendant in his store in Queens Road Central. When I entered his shop defendant was sitting at a desk writing. Then Mr. Farmer, of the Victoria Hotel, came in and had a few minutes' conversation with defendant. On Mr. Farmer going out I produced my card and defendant asked me to come round. I showed defendant the warrant, and he exclaimed “It's damned annoying; it's too absurd. Must I go now?" I replied, "As soon as possible; you can finish your letter and put things a bit straight." He then asked if he could see his solicitor. I said I could not wait until he had had a consultation with his solicitor, and defen. dant then began writing a note. After he had written a few words he scored one word out and
graphic Messages Ordinance, 1894. The charge Robinson refused to pay him some part of his remarked, "I suppose that damned Chinaman was that "The Baid Walter George Vaughan Robinson, on 10th or 11th day of October, 1898,
salary that month, and Springford accordingly left him. Thinking he could better himself he
gave it away." Defendant finished the note, gave it to Mr. Stokes (his bookkeeper), and