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then enquired about bail. I replied that $1,000 would be required. I then accompanied him to the National Bank of China, where the money was obtained. I afterwards brought him to the Police Station.
J. M. Beck said-I am acting manager of the Eastern Extension and Great Northern Tele- graph Companies in Hongkong. I produce a telegram sent from Hongkong to Kobe on the 11th October, 1898. It was despatched to Kobe at 3.18 p.m., Hongkong time. It is addressed Springford, Clayton, Riojun Maru, Kobe," and says, "Wife Cables coming. Return. Apply passage Yusen.
Matters arranged. Emslie. The message purported to be from J. T. Smith, living at Stanley Street. I have no knowledge as to who brought the message to the office. "I don't know how it was paid for, but the re- quisite cash was forthcoming with the message. In reply to Mr. Francis witness said—A Chi- nese clerk named Ho Kwon took the message in. The handwriting in the corner tells who re- ceived it. I know that to be the bandwriting of this clerk.
J. J. Gutierrez said-I am junior clerk in the Equitable Life Assurance Society of the United States. I have seen the telegram pro- duced before. I wrote it on the 11th October. Mr. Klieue, who is my superior in the office, ask. ed me to copy it. Mr. Klione gave me this form and a piece of paper on which these few words were written. I knew nothing of the case, and thinking it was office business I copied exactly what was written on the paper, and after copying it I handed both the paper and the telegram to Mr. Kliene..
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In reply to Mr. Francis witness said-The piece of paper handed to me by Mr. Kliene was a piece of plain white paper. Stanley Street and "J. T. Smith were on the paper, and Mr. Kliene pointed out to me where to put them.
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There is no one in the office of the name of J. T. Smith, and I do not know any one of that name. I had never copied telegrams for Mr. Kliene before. It is not my business as a rule to copy telegrams. There was nothing else on the paper besides these words. I can't say exactly whose handwriting was on the paper. I think it was Mr. Kliene's. I have seen Mr. Kliene's hand writing frequently. Mr. Kliene's desk is close to mine, but I did not see him writing on the paper. Mr. Klieue did not say where the message was going to or anything about it.
Replying to Mr. Gedge, witness said--The exact words I wrote were, "Springford, Clay- ton, Riojun Maru. Wife cables coming. Re- turn. Apply passage Yusen. Matters ar- ranged. Emslie. Stanley street. J. T. Smith." By the Magistrate--I don't know defendant. I have never seen him in the office.
C
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[November 12, 1898.
the office while I was out. Shortly afterwards I went to defendant's office, but defendant was engaged and I did not go again. Robinson said Springford had a rich uncle at home in the piano trade to whom he might apply for assist- ance. This encouraged me to think there was a possibility of my getting my money back. He said if the uncle did not pay he would go for Springford—that he would put him in chokey." I believe this conversation took place on Oct, 10. Defendant said Emsley had an interest in getting Springford out of the way. He said Springford was a witness against Emsley in his case.
"
Mr. Gedge asked that Mr. Dennys might be called before Mr. Franois commened his cross- examination of this witness.
I
THE HONGKONG WEEKLY PRESS AND
I next saw him on the following Monday- believe the 10th. I think I met him in Queen's Road-I am not quite sure-but afterwards I went with him into his shop. Then he asked me to go to the Nippon Yusen Kaisha to en quire by what name Springford travelled and ask whether they would accept a prepaid passage for Springford's return, and if they would advise the office of the Nippon Yusen Kaisha at Kobe of this by telegram. He suggested tele- graphing to Springford at the same time as a telegram was sent to the Nippon Yusen Kaisha at Kobe. I went and made the suggested arrangement with the Nippon Yusen Kaisha and returned to Mr. Robinson's office. Mr. Robinson, who had # letter in his hand, told me he had received a letter from Springford's wife, who was anxious H. L. Dennys said—I am a solicitor practis to come out. Then be dictated a telegram to ing in Hongkong. Springford consulted me on me. I wrote down what defendant dictated to November 5th in reference to his coming to me on some paper I had in my pocket. I Hongkong, and I reported my instruction to had no pencil, so I used defendant's pencil. Mr. Robinson, to whom I wrote the following I have not got that paper now. After it letter:-"Dear Sir,-Mr. George Springford had been copied out I destroyed it. It was has consulted me with reference to a telegram copied out by J. J. Guttierrez. The telegram which you caused to be despatched to Kobe, by WAB as follows." Springford, Clayton, means of which Mr. Springford was induced to Riojun Maru, Kobe. Wife cables coming. return to Hongkong. As you must have been Matters arranged. Emslie." The words "Apply aware that the statements contained in the passage Yusen "
were inserted on the sugges- telegram were absolutely untrue and without tion of the manager of the Nippon Yusen foundation, and that the use of Mr. Emsley's Kaisha. Defendant said if he used Emsley's name was absolutely unjustifiable, I am now name Springford would pay more attention to instructed to inform you that unless you make it. I did not know whether it was right to a satisfactory arrangement with my client use another man's name, and on my saying so to enable him to return to England and pay defendant replied that there was no harm in him a sufficient sum to compensate him for it as long as the name was not exactly the the damages he has sustained, he will be com same, adding that if anyone used the name pelled to take such legal steps in the matter "Robinson or Robertson he should not
as he may be advised. As my client considers say they were using his name. I was still this a most urgent matter, I must ask you dubious about it and uncertain as to whether to inform me what you propose to do before it was quite right, and defendant took up Monday morning next at ten o'clock." To this a legal book. I presume it was "Every man letter I received the following reply, dated his own lawyer.” ~ Then he turned up and read November 5th, from Mr. Robinson :-" Dear something and said, "Fraud £100 fine only, Sir,-Replying yours of even date just re- and this is not really fraud. It is not defraud.ceived, I have to say I have not caused any ing anybody of money or anything." So I be- telegram to be sent to Springford, nor do lived him, and left. I took the draft of the I know what were the statements you refer to. telegram with me. I next saw him on the I know nothing either of the use of Emsley's Tuesday afternoon in his store, and he handed name. I am quite ready to defend any action me $40 in bank notes, saying "This money Springford may take, and as to compensation is for Springford's passage." I took this and passage, both are due to me and I am claim- money straight to the Nippon Yusen Kaisha ing for them. Also for money advanced and and paid it to the manager. I asked the manager for wilful damage to seven pianos in my factory to receive this money as a deposit for Spring- and other matters. He shall hear from me in no ford's passage, and he took the money and gave measured terms." I have since issued a writ me a receipt in Robinson's name at my request. on behalf of Mr. Springford against defendant It was agreed if Springford did not come back claiming $1,000 damages. the money would be refunded to Robinson. I kept the receipt until the Nippon Yusen Kaisha advised Robinson that Springford was coming in the Hiroshima Maru. Then I had a chit from the steamboat company to call at their office. I did so and I handed back the re- ceipt. I kept the paper on which I had written the message dictated by defendant in my pocket until the Tuesday, October 11th, when I handed it to Mr. Gutierrez to copy it, and the copy produced is the same. I forgot to men- tion that in the message diotated to me by Ro- binson the word Return was used. After copying the telegram Gutierrez handed it to me together with the draft. I then sent the the telegram up to the Telegraph Office by a coolie. It was folded up in envelope. I gave the coolie $20ˆin notes with which to pay for the telegram and he brought back change. I paid the money on the understanding that it was to be re-imbursed to me when the thing was settled. I came to an understanding on the previous day with de- fendant, he to pay the passage and I to pay for the telegram. I hoped on Springford's return to be repaid in proportion to my claim. Spring- ford owed me $64 for board and lodging and he paid me $4 on account. After the despatch of the telegram-a few days afterwards when defendant knew Springford was coming-de- fendant came into my office and wanted me to go with him to the Nippon Yusen Kaisha office to say that he had nothing to do with bringing Springford back. He wanted me to tell the manager I had paid the passage on my own account. I refused to go with him. He pressed me and I said I would see him later on at his own office. He said I must go, and I replied that I would go in about a quarter of an hour. I went away on office business and defendant came for me at
Edwin Kliene said-I was an assistant in the Equitable Life Assurance Society up to to-day. I have resigned my position. I have a copy of my resignation with me. I know defendant. I first made his acquaintance the day after Springford left the colony. I think it was on Friday, the 8th October. Mr. Ruchwaldy called that day at the office in Icehouse-street, over the New Victoria Hotel. Ruchwaldy is a clerk in the employ of defendant. I had a con. versation with Ruchwaldy, and in consequence of that conversation I went to Ruchwaldy's office at defendant's store that afternoon. I did not see Ruchwaldy but I saw defend. ant. I had seen defendant before that day and knew who he was but had never been introduced to him. Defendant said to me,
" Are
you Mr. Kliene?" and I replied "Yes." I then said, "I came to see Mr. Ruchwaldy." Theu I said, "Springford has left my house owing me money." Defen- dant said Springford owed him money too. I then went away. The next time I saw him was as I was coming out of the Hongkong Hotel the same evening, I told him I had just heard that Springford had left the town by the Rio- jun Maru. He said he would go and see Dea- con, his lawyer, the first thing next morning to try and get Springford back. Nothing else passed between us that evening. The next time saw him was on Saturday, the next day. I am not quite sure where I met him. It was in his store, I think. He told me it was too expen- sive a thing to get Springford back in the ordinary way, that was to send a constable for him and pay his passage back and the constable's expenses. He said he would have to think of another way. That is all that passed that day.
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Mr. Francis-I have no questions to ask Mr. Dennys.
The cross-examination of the witness Kliene was deferred. \
9th November.
The proceedings commenced with the cross- examination by Mr. Francis of the witness Edwin Kliens, who gave evidence on the after- noon of the previous day,
you
Mr. Francis-How long have been Hongkong, Mr. Kliene?
Witness Since February last. Where did you come from -From Canton. here before P-No, I had passed through Hong- Had you been in Hongkong or doing business
kong.
Where were you employed at Canton ?-In the Equitable Life Assurance Society.
Where have you been residing in Hongkong since you came here P-I have been residing in West End Terrace.
Occupying a house there P-Yes. Keeping a boarding house ?—No, Do you rent the whole of this house or do you only occupy a portion of it ?-I occupy the whole house.
How many other persons have you living there with you --This Springford stayed with me month.
No one else ?No.
Have you had Mr. Emsley staying in your house ?-Never; he has never been near my house.
Did you know Mr. Emsley before this affair turned up -I have seen him in Canton once, some time last year.
Is he a visitor at your house ?-No. When did Springford come to live with you? In the beginning of September.