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walking along the road at Tung Kwa Wan, which was on Kowloon Bay, when prisoner walked past him. Prisoner then turned round and pulled out a revolver and pointed it at him. Then complainant saw three other men running towards him. One of these three had a knife in his hand. The other two men were not armed so far as complainant saw. Prisoner then seemed to have come towards complainant and said, "I am going to rob you; throw your luggage away." Complainant was carrying in his hand a bundle of clothing. Complainant dropped his bundle on the road and one of the three men picked it up and made off with it. Another man took away his umbrella, and an- other of the three men the man with the knife took $8 out of his girdle purse. All this time prisoner was covering him with a revolver. | Prisoner said to the man with the knife, "Chop him," upon which complainant ran away. He subsequently reported the occurrence at Hung. hom Police Station, and on the 26th October he identified prisoner at Yaumati Police Station. The jury found prisoner guilty on both counts, and he was sentenced to seven years' im. prisonment and to receive 24 strokes with a birchrod within one week of his being sen. tenced.
21st November.
THE ALLEGED FORGERY OF A TELEGRAM. Walter George Vaughan Robinson, of the Robinson Piano Company, Queen's Road Central, wasindicted on the following counts :-
1-Forging a telegram.
2-Uttering a forged telegram. 3.-Transmitting by telegraph as a telegram a communication knowing the same to be not a telegram.
4-Uttering as a telegram a communication knowing the same to be not a telegram.
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The following composed the special jury:- Mesars. C. Beuermann G. C. Anderson, H. L. Dalrymple, N. A. Siebs, A. Denison, Thos. Arnold, and H. H. Kirch.
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November 26, 1898.
THE HONGKONG WEEKLY PRESS AND
the case, although he thought they would find | which Klieno believed to be " Every man his he was corroborated in very many important own lawyer," and read out something to Kliene particulars by other witnesses, was a gentle to the effect that punishment for fraud was £100 man called Edwin Kliene, who was at the time fine. Defendant also said to Kliene “ This is this offence was committed employed as a clerk not really fraud; no one is being defrauded of in the 'Equitable Life Assurance Society, Mr. money or anything." That line of argument Kliene would tell them that on Friday, Oct. seemed to have satisfied Kliene, who took away 7th, Mr. Ruchwaldy, a clerk in the employ of the draft telegram and put it in his pocket. defendant, called at Mr. Kliene's office and had Before going on with defendant's further con- some conversation with him. In consequence nection with this matter, he would just in- of that conversation Kliene went over to Ruch- troduce a few words to tell them what Kliene waldy's office at defendant's store. Kliene, did with the original draft of the telegram for- however, did not see Ruchwaldy, but he saw mulated by the defendant. As he had said, the defendant, whom he had never spoken to before, words" Apply passage Yusen ” were added Defendant asked Kliene if he was Mr. Kliene. by Kliene himself. Kliene get this original The latter said he was, and added that Spring- draft telegram which had been dictated by de- ford had left his house owing him money. fendant and got it copied by a Portuguese Defendant replied that Springford owed him clerk named Gutierrez in the Equitable Life money too, upon which Kliene went away. On Assurance Company's Office. That clerk made the same evening, as Kliene was leaving the a copy of the telegram and handed it to Hongkong Hotel, he met defendant, whom he Kliene, who destroyed the original draft. The told that he had just heard that Springford telegram was afterwards sent to the Telegraph had left Hongkong for Japan by the Nippon Office by a coolie with the money for the Yusen Kaisha's steamer Riojun Maru. Defend message, the name J. T. Smith, Stanley Street, ant replied, "I will go and see Mr. Deacon, my being given at the foot as the sender, this being lawyer, the first thing to-morrow morning and Kliene's idea; but the main body of the telegram, try and get Springford back," Kliene again apart from the immaterial words “ Apply BAW defendant, who then told Kliene that it passage Yusen," was dictated by defendant was too expensive a thing to get Spring-lo Kliene. On the following afternoon-the ford back in the ordinary way that was to afternoon of Tuesday, 11th October, which was say, to send a constable up to fetch Springford the date when this telegram was sent off to and pay Springford's passage back and pay the Kobe-Kliene saw defendant in his shop, and expenses of the constable. Defendant" added, defendant then handed to Kliene 840 in bank "I shall have to think of some other way of notes, remarking “This money is to pay Spring. getting Springford back into the colony." ford's passage," the arrangement being that Kliene next saw defendant on the following defendant should pay Springford's passage back Monday, October 10th. He then had an inter- to Hongkong and that Kliene should pay the view with defendant in his shop in Queen's cost of the telegram. Kliene, on receiving this Road Central. Defendant asked Kliene to go money, took it straight to the Nippon Yusen to the Nippon Yusen Kaisha office to find out Kaisha office and paid it to the manager, asking what name Springford had gone away from the him to receive the money as a deposit on Spring- colony under and to ask if the Nippon Yusen ford's passage. The manager took the money Kaisha would accept a prepaid passage for and gave a receipt for it, the receipt, at Springford's return to Hongkong, and also if Kliens's request, being made out to "Robinson they would wire their office at Kobe informing and Co." Kliene kept the receipt in his pocket them of this arrangement as to the prepaid for some days-he thought until the 24th Octo passage. Defendant at the same time suggested ber. On the 24th October the manager of the to Kliene that a telegram should be sent to Nippon Yusen Kaisha, Mr. Mihara, sent a Springford as well. Kliene, acting on that letter addressed to defendant's shop with re- suggestion, went and made arrangements with ference to Springford's return from Kobe. It the Nippon Ynsen Kaisha and the returned to would appear that the letter was duly delivered defendant's shop. On his return he fou! des at defendant's shop. Defendant opened it and fendant with a letter in his hand. Defendant read it and put on the envelope the rather The Acting Attorney-General said defendant said he had received a letter from Springford's significant statement in pencil "Not for us; try in this case was charged upon four different wife and that she was anxious to come out to Kliene." Of course it was suggested on the counts, and all those four counts were brought Hongkong. Defendant then dictated to Kliene part of the Crown that that showed most under Section 6 of Ordinance 14 of 1894. That the form of telegram to be sent to Springford. fully that defendant knew that this telegram was an Ordinance which was specially passed by Kliene took out of his pocket a block with a lot had been sent to Kobe to get Springford back, the Legislative Council for this colony dealing of leaves of paper stuck together which Kliene that he was perfectly aware of all the circum- with telegraphic messages. The section of the was in the habit of using in his business, bor- stances of the case, and that he was a party to Ordinance under which these charges were laid rowed a pencil from defendunt, and took down the sending of the telegram. On receiving the ran as follows:-" Every person who forges or certain words at the dictation of defendant. letter back Mr, Mihara sent a note to Kliene wilfully and without due authority alters a tele- The words which Kliene wrote down at the asking him to call at the office. Kliene called at gram or utters a telegram knowing the same to dictation of defendant were set out in the in- the office and handed the receipt back. On be forged, or wilfully and without due authority formation under which defendant was charged, the 27th October an occurrence took place which alters, or who transmits by telegraph as a tele- with the slight addition of a few words. The they might consider as somewhat significant. gram, or utters as a telegram, any message or words which were actually taken down by On that day dofendant called at Kliene's office communication which he knows to be not a Kliene at defendant's dictation were:-"
--"Spring- and wanted him to go the Nippon Yusen Kaisha telegram, shall, whether he had or had not an ford, Clayton, Riojun Maru, Kobe. Wife office to tell the manager that he (defendant) intent to defraud, be guilty of a misdemeanour, cables coming. Return. Matters arranged. had nothing at all to do with Springford's re- and shall be liable, on summary conviction, to a Emslie. 'The words " Apply passage Yu- turh and that he had paid the passage money on fine not exceeding $50, and, on conviction on sen were afterwards added on the sugges his own account, but Kliene refused to go with information in the Supreme Court, to imprison- tion of the manager of the Nippon Yusen defendant on such an errand. It would appear ment with or without hard labour for a period Kaisha. Kliene would tell them in regard to that later in the day defendant called at Kliene's
months." not exceeding 12
In the the signature "Emslie" that defendant ex- office, but Kliene was out. Eventually, on the first count defendant was charged with pressly suggested the name "Emslie," saying 30th October, Springford arrived back by the forging the telegram in question, and it was that by using Emsley's name Springford would steamer Hiroshima Maru, and found out that important for the jury to bear in mind that it pay more attention to the telegram. Defendant Emsley had not sent the telegram. Spring was expressly provided by this section that an would appear to have dictated the spelling of ford did not content himself with lying down, offence of forgery should be considered to have the name of Emsley to Kliene in the form so to speak, under this fraud which had been been committed whether there was or was not "E-m-s-l-i-e," but the correct spelling was played upon him, but instructed his solicitor, Mr. an intent to defrand. He thought they would E-m-s-l-e-y. Kliene seemed, not unnaturally Dennys, to write defendant on the anbject, and be satisfied that there was an intent to defraud perhaps they would think, to have made some this was done. On the 7th instant defendant- in this case, but he would submit to them, sub-objection when defendant proposed that this use was arrested by Inspector Moffat in his shop. jest to his lordship-of course they would take should be made of Emsley's name, but defen- The Inspector showed the warrant to defendant, the law from his lordship and not from himdant said in answer to that objection that as who made use of the rather significant expres- that it was not necessary as a matter they were not spelling Emsley's name in the sion, "I suppose that damned Chinaman gave O case any intention of fraud,
fact for the prosecution to prove in correct form there was no harm. For instance, it away." Anether point in connection with the this
The se- defendant said to Kliene, "If anybody case to which they might attach some import- oond count
that defendant did wil- used the was
name Robinton or Robertson auce was that in regard to this payment of $40 fully without due authority utter this forged I could not object. I could not say anybody | paid by defendant to Klieue to pay for Spring- telegram—that was to say put it into circula- was using my name." It would appear that ford's return passage from Kobe, defendant tion and the third count charged defendant even after defendant had made use of that rather did not tell his bookkeeper, Mr. Stokes, to with transmitting by telegram a communication subtle argument Kliene was still uncertain make an entry of the payment of that sum which he knew to be not a telegram; and the whether it was right to use Emsley's name of monogy, the 17th October. It would also fouth count charged defendant with uttering as even although it was not spelt in the correct a telegram a communication which he knew to manner, and it would appear that defendant be not a telegram. The principal witness in then took up some book of reference, a book
The Acting Attorney-General, Mr. H. E. Pollock (instructed by Mr. H. L. Dennys, Crown Solicitor) prosecuted on behalf of the Crown, and Mr. Francis, Q.C. (instructed by Mr. J. Hastings), appeared for the defence
On the indictment being read over to him, prisoner pleaded not guilty.
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was to
some few days afterwards that
appear that defendant not only told Mr. Stokes to make an entry of a payment on that day,
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