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What was it PI consulted Mr. Grist first P.Did you go and for him after up colgord
after Springford had left the colony about trying to get him back ?. -No; I did not see him about trying to get
him back.
Didn't the manager of the Nippon Yusen Kaisha tell you that Mr. Robinson had com- plained of your using his name in the receipt and that he had nothing to do with this?—No,
Do you ever remember telling Mr. Robinson that the message included the words "Most important news awaiting you?" That may
have been used on one of the drafts.
Mr. Francis-Will your Worship note the words "one of the drafts." (To witness) answer truly man, wern't there three or four drafts Phim coming in in October. As near as I can No.
What did you mean by "one of the drafts ?" -That was a mis-statement.
Mr. Francis-Now you told the truth for the first time since you were in the witness box and that was only by mistake.
THE HONGKONG WEEKLY PRESS AND I had never spoken to defendant before the 7th or 8th October. I first went to the Nippon Yuson Kaisha on Monday, Oct. 10th, after I had seen Mr. Robinson, and then I found out the assumed name under which Springford had gone. I saw Mr. Robinson again that day and on the second occasion he dictated the telegram to me, after I had informed him of the name under which Springford had sailed. I knew Emsley as a friend of Springford's. I knew they were both in the employ of defendant.
Francis William Stokes said-Iam book-keeper for the Robinson Piano Company. I recognise the last witness Kliene. I have seen Kliene at our office many times. The first time I saw him in our office was last April or May. I remember
recollect, I should say the first time he called in in October was the 11th or 12th. He was in conversation with Mr. Robinson. I saw money pass between Mr. Robinson and Mr. Kliene. The money was in the form of notes. I did not then know the amount. I subse quently discovered what the amount was-about four or five days afterwards. On the 17th October by Mr. Robinson's directions I made a cash book entry of $40 to the debit of Mr. Kliene. Mr. Robinson asked me what balance I showed as per the cash book, and I gave the amount. I can't recollect what the sum was. Mr. Robinson told me he had not that amount in hand, and asked me at the same time if I remembered any items which had been paid away. I mentioned one or two items, amongst them the payment to Mr. Kliene, and Mr. Robinson told me he had a note of the payment to Mr. Kliene in his memorandum book, and I was then instructed by Mr. Robinson to make the entry of $40. I was instructed to enter it as a loan to Mr. Kliene. When I mentioned the payment to Mr. Kliene Mr. Robinson said I should not have seen that. I never at any time overheard the conversations which took place between Mr. Robinson and Mr. Kliene. No one else was in the store at any time in a position to overhear the conver-
Didn't you send that telegram entirely on your own account and told Robinson afterwards?
-No.
Didn't Robinson ask you if you had put Emsley's name in the telegram and you said you did not ?--No.
Why did you go and see Robinson; wasn't it because you were in a funk because of send- ing this telegram ?--I was not in a funk. I was afraid the man would come and thrash me for my part in the thing.
Then why did you see a lawyer; wasn't it because you were in a funk because you had sent this lying telegram ?--I went to see Mr. Grist about the telegram.
To find out whether you had put your foot into it or not ?—Yes.
Are you an Englishman P-No.
What countryman are you?-I am a Dane. Didn't Mr. Robinson tell you that you had no business to put his name in the receipt ?-He told me so when he came to see me.
And he told you that he had nothing to do with the matter and knew nothing of the tele- gram P-No, he said I had no business to put his name to the receipt. I told him that it was his money and that it would be refunded to him if Springford didn't come and that I acted as his agent in this matter.
Did not Mr. Robinson on the 27th ask you to go with him to the Nippon Yusen Kaisha and tell the manager you had no right to use his name?-Yes.
Didn't you agree to go first and theu refuse? -No, I refused first and afterwards agreed. I then intended to go with Robinson and tell the Nippon Yusen Kaisha the real facts. I did not go because Robinson was engaged. I did act think it necessary to go and tell the real facts to the Nippon Yusen Kaisha.
Did Mr. Emaley guarantee the payment of Springford's debt to you ?-No.
Has anybody done so P-No. When are you to be' paid P-I do not know whether I shall be paid.
Did you give a statement of this affair to the Captain Superintendent of Police P-Yes. And it was taken down in writing P-No. Not by the Captain Superintendent of Police ? -No.
Nor by anyone -Not by the Captain Super- intendent of Police.
Well by whom? Who took it down ?—Mr. Emsley's solicitor.
Where was that ?--At their office. Was the Captain Superintendent of Police in the solicitor's office ?—No.
The cross-examination of this witness lasted two hours.
Re-examine by Mr. Gedge, witness said- My father was a Dano and my mother was a Portuguese from Macao. When I had the con- versations with Mr. Robinson in his store there was no one near enough at any time to over- hear them. Previously to the telegram being dictated to me on Monday, the 10th October I had been to the office of the Nippon Yusen Kaisha, and that was at Mr. Robinson's request. It was on the day I paid him the $40 that the manager of the steamboat company suggested the addition of the words "Apply Passage Yusen
to the telegram, and therefore I put the words into the draft.
In reply to the Magistrate witness said I have never borrowed money from defendant, and
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sations.
[November 12, 1808.
Re-examined by Mr. Gedge I may have banked money before the day I referred to the same week If I banked money twice that week I should say the day Klione received the money was the day nearest the 8th. With- out actually swearing it I believe it was Mon- day the 10th when Mr. Kliene came in and received the bank notes.
The bank deposit book mentioned by witness was sent for and on it being placed in his hand witness said in reply to Mr. Francis There was a payment on the 7th October. The next was on the 13th and the next on the 18th. After looking at the book I should say that it was on the 13th that the $40 was paid to Mr. Klione. It could not be on the 7th October and it certainly was not on the 18th. I could not say for certain that Kliene was paid the money on the 13th. It may have been paid a day or two before. I have been in Mr. Robin- son's employ since the 17th January last. I reside in Shelley street. I am personally acquainted with Mr. Emsley and Mr. Spring- ford. I have been in communication with both of them since Mr. Springford returned from Japan.
Replying to Mr. Francis witness said-My seat in the store is between 30 and 40 feet from that of Mr. Robinson. The safe is in the wall nearest to Mr. Robinson's desk. I was making up the money to take to the back on the day I saw Mr. Robinson hand Mr. Kliene the $10. I think this was on the Friday, or it may have been on the Saturday. We bank with the National Bank of China, and the bank deposit book would show the date when the money was paid in. There is a chair on the left of Mr. Robinson's desk-that is on my side. I do not remember seeing Mr. Kliene writing at any time when he called into the shop. I was too busy to take any notice. Mr. Kliene's first visit was on the 10th or 11th of the, month, and between that and the 14th and 15th when I saw the money handed over Mr. Kliene had been into the store four or five times at the least. I remember a little later in the month-I think it was on Monday, the 17th, the same date on which I made the cash entry-a letter coming from the Nippon Yusen Kaisha for Mr. Robinson. Mr. Robinson was not in and | opened the letter, and when Mr. Robinson came in I gave it to him. Mr. Robinson remarked, "It has nothing to do with me "and redirected it to Mr. Kliene. Mr. Kliene's name 'was written on the letter, but I am not prepared to swear whether it went to Mr. Kliene or whether it went back to the Japan mail office. It was given back to the company's coolie with the words "Try Kliene" writ- ten on. I remember the day after this Mr. Robinson came in and said it was like Kliene's cheek to take a receipt in the name of the Robinson Piano Company. Mr. Robinson also remarked, “I gave him no authority to do so. Kliene did not come to the office on the 17th, but to the best of my belief he came in late in the afternoon of the 18th. Before this I re- member Kliene coming into the shop. I intro duced him to Mr. Robinson on the day after Springford left and Kliene said he would like to know where Springford was, as he owed him $54 and had broken open his door and sold some of his furniture clandestinely. Mr. Robinson replied that he would like to know where Springford was himself as he owed him some money too. I then went away from them to my work.
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Benjamin Emsley said-I was lately in the employ of Mr. Robinson-up to the 30th September. He has dismissed me. I have brought proceedings in the Supreme Court on account of that dismissal. Subsequently to my dismissal I joined Messrs. Lane, Crawford and Company as pianoforte tuner and repairer, that being a similar position to the one I occupied when employed by Mr. Robinson, In conse- quence of my joining Messrs. Lane, Crawfortl and Company Mr. Robinson has brought an action to restrain me from continuing in the em ploy of my present firm. All those proceedings are still pending. I cannot allege any reason why defendant should desire the presence of Mr. Springford in this colony. I am a friend of Springford. He left the colony on Friday, the 7th October, in the name of H. Clayton. He went to Kobe and Yokohama by the Biojun Maru and returned by the Hiroshima Maru on Sunday morning, October 30th. In the meantime I had had no communication with him. He did not send me a telegram. I did not send him the telegram produced and did not sign "Emslie for J. T. Smith Stanley Street." When Springford returned he sent me a chit and I went to see him. We went together to the Telegraph Office and saw the telegram.
"
Mr. Francis I have no questions. Subsequently Mr. Francis asked witness if he had ever sent a letter to Springford and he replied that he had sent a letter to him under cover of one to another person, but Mr. Spring- ford had not yet received the letter. He left Japan before it got there.
George Springford said-I was lately in the employ of defendant. I left Mr. Robinson's em- ploy on the 5th of October. I left because I could not get on with him. He deducted some part of my salary for rSeptem ber. First of all he gave me $45 and then he gave me another $45 instead of the equivalent of £13 sterling. I went to Japan on the Riojun Maru, I went under the name of Clayton because I did not want Mr. Robinson to know I was going away. I thought he would stop me if he knew I was on board and make me serve out my three years agreement. I ar- rived in Kobe on the 14th October, and when I - got there I received a telegram. I received it from the agent of the Nippon Yusen Kaisha. I understood from the telegram that Mrs. Springford was coming out to Hongkong, and of course I came back immediately. My pas- sage was paid, as the Nippon Yusen Kaisha agent told me. The telegram was signed by Mr. Emsley, and in consequence I thought it was quite true. I came back in consequence of that telegram.
By Mr. Francis-I came to work for Mr. Robinson on a three years engagement at a salary of £13 sterling per month. I was in Singapore for a month and I came to Hongkong in June. Robinson and Co. paid my passage out and under agreement it is a debt due to the firm. My salary was to commence on my a rival at Singapore. I arrived at Singapore at the beginning of May. When at Singapore received an advance of $50 in addition to my salary, and on my arrival in Hongkong I got an advance of $40. ! At the end of June It got my
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