November 26, 1898.1
CHINA OVERLAND TRADE REPORT.
was made ont in the name of Robinson and Company. Some time after Clayton came from Hongkong Mr. Robinson called at their office, he understood, and the name "Robinson and Co. on the counterfoil was crossed out and that of "E, Kliene" inserted. He got the deposit receipt back on October 24th, after he had received a telegram from Kobe saying that Springford was coming back by the Hiroshima Maru, The $40 was not sufficient
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stopped it partly for money advanced and was also going to stop $15 a month
age from England to Hongkong Hi was the equivalent of £18. Mr. Robinwo paid him $90 for September instead of the equivalent in dollars of £13 sterling.” He left for Kobe in the Riojun Maru ón Oct.” 7th. He went away in the name of Clayton, he thought that if Mr. Robinson knew he wai going he would endeavour to stop him. He
produced was handed to him by the agent of the Nippon Yusen Kaisha at Kobe. It was signed Emslie," the name of a recent employé of the Robinson Piano Company, said that kis wife was coming out to Hongkong, and asked. him to return. In consequence of his receiving : this telegram and finding that his passage, had been prepaid in advance, he returned to Hong- kong by the Hiroshima Maru to find that M. Emsley had had nothing to do with the sending of the telegram.
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but also told Mr. Stokes to make an entry of the money as if it had been paid on that day but Stokes, who had seen some money pass be tween defendant and Kliene some days pre- viously,
aly, mentioned the fact, whereupon defend ant said, "Mr. Stokes, you should not have seen that," Though it was not defendant's hand, or even his coolie's hand, which wrote the telegram and sent it, the prosecution suggested that, taking all the facts of the case together, the jury must come to the conclusion that defen- to pay for the passage and the telegram to their arrived at Kobe on the 14th and the telegram dant was a party to the sending off of the tele-agent at Kobe, and on October 24th-Kliene gram. That was to say he aided and abetted paid the balance-$6-01-by a compradore's in the procuring, the sending, of the telegram order. Defendant saw him early in Novem- and the uttering of the telegram. His lordship ber, just before he was arrested, and said would direct them on the law of the case, but his name had been inserted in the receipt with he might on the question of abetting and pro- out his authority. ouring refer them to section 7 of Ordinance 5 of 1865, which said:"Whoever shall aid, abet, counsel, or procure the commission of any misdemenour, whether the same be a mis- demenour at common law of by virtue of any Ordinance passed or to be passed, shall be liable to be indicted, tried and punished as the prin- cipal offender." After quoting from a legal authority as to forgery, Mr. Pollock concluded by submitting that defendant was guilty of the offence with which he was charged.
Edwin Kliene repeated the evidence given by him at the Magistracy, and was again submitted to a lengthy cross-examination by Mr. Francis. He said it was not he who proposed to Mr. Robinson, but Mr. Robinson to him, this method of getting the man into the colony by sending him a false document. It was he and not Mr. Robinson who hesitated about doing this and who did not think it was right to do it,
It was not he who suggested to Robinson that Emsley's name would be the best to put on the telegram. He did not go to Robinson and ask him for a loan of $40 as he was short of money.
The case was adjourned until the next day.
22nd November.
The witness Kliene was recalled at the re- quest of Mr. Francis.
Mr. Francis-You saw defendant, you say, and got this $40 from him on Tuesday, Octo-
ber 11th.
Witness-Yes.
It was on that day you sent the telegram ?-- Yes,
When did you next see him ?—On the 24th. Did you not see him between the Tuesday and the 24th P—I do not think I did.
You never went and told him you had sent the telegram and paid the money ?-I do not know whether I did or not. I might have done, but I cannot positively remember that I did.
Did not you see him on the Thursday after the Tuesday; that is Thursday, the 13th, and tell him you had sent the telegram away?—I may have done.
Did you or did you not P-I am not positive. Did you not tell him on that day, in answer to his question, that you had not put Emsley's name on the telegram but the name of Smith?
No, I never said that.
What is it you did say I don't remember having seen him at all. If I did see him it would only be to tell him the telegram had been despatched.
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But did you go and tell him the telegram had been despatched P-That is where I am not quite positive.
Can you tell us whether you went in and out of his store several times between Tuesday, Oct. 11th, and the 24th P-No, I was not there several times.
May not you have been there once ?—Yes. Was not that once on Thursday, the 13th P- I cannot positively say.
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By Mr. Francis-He was quite sure the money was paid on the 11th and that he gave Kliene the receipt at the same time. When Klione came on Oct 24th to pay the $6.01 he said nothing about Robinson or the Robinson Piano Company. When defendant saw him about this receipt he said Mr. Kliene had been using their name and he had no authority for doing 80 and that he was going to see Mr. Kliene about it. This might have taken place on Oct. 27th,
as he had no recollection.
Witness was shortly cross-examined by Mr. Francis.
Benjamin Emsley, formerly in the employ of defendant as a piano tuner, denied having sent the telegram which Springford received and to which his name was appended.
Francis William Stokes, bookkeeper for the By Mr. Francis-I entered Mr. Robinson's Robinson Piano Company, said he remembered employ on the 16th March, 1897. I engaged money in the form of notes passing from Robin for three years. He dismissed me, alleging son to Kliene. He had no distinct recollection | wilful misconduct and neglect of duty. That I of the date, but as near as he could recollect am dispating. Mr. Robinson had only com it was somewhere about the 13th of October.plained of misconduct quite recently. I never, Subsequently, on the 17th, he made an entry | knew Mr. Springford until he came here. of the transaction in the cash book of the firm. took his passage for him to Japan because he Defendant told him to make an entry of a loan asked me. He asked me at the house of a mutual of $40 to Mr. Klieue's debit. Defendant ques friend-Mr. Margelin. Springford had com- tioned him as to whether he remembered any plained to me about Mr. Robinson almost amounts which had been paid away. He men. every day we - wero together. He knew tioned two or three, amongst them the money I was leaving Mr. Robinson. I did not know he had seen handed to Mr. Kliene, and defen- Springford was leaving for Japan until half, dant said, “Oh, you should not have seen that," past four on the afternoon of the 6th October. and added that he already had a note of it in I did not pay his passage or help him in any bis private memorandum book. On the same way with money. I have been intimately no date on which he made the entry a letter came quainted with Mr. Springford since he came to from the Nippon Yusen Kaisha addressed to Hongkong. I have had conversations with the Robinson Piano Company. He opened Mr. Springford almost everyday since his re- it in the ordinary course of business. The turn to the colony. I was formally engaged press copy of the letter he had in his hand was by Lane and Crawfords on the 11th October: the same, but he saw that this was dated Octo-I commenced this prosecution partly in the in- ber 24th, and he must have made a mistake. terests of publio justice and partly to clear my name. Mr. Springford believed me when I told him I had not sent the telegram. I first saw a solicitor in connection with these proceedings on the 31st October.
By Mr. Francis-The money wes paid to Kliene by Robinson quite openly. He was in the store on the day Robinson was arrested. He remembered Inspector Moffat coming in. He remembered Mr. Robinson saying, "This is a lively business," or something to that effect, but he did not hear anything else. Afterwards he saw Mr. Robinson write a note which he, as the boy was out, was asked to take to Messrs. Deacon and Hastings.
Tome Kichi Kawaguchi, cashier at the office of the Nippon Yusen Kaisha, said-The deposit receipt produced for $40 is in my handwriting, as is also the counterfoil of the receipt. I gave the receipt to Mr. Kliene and made it out in the name of Messrs. Robinson and Company. Mr. Kliene gave me that name. Originally the counterfoil was made out in the name of Robinson and Company, but that name has been crossed out and the name of E. Kliene in- serted. Two or three days after the Hiroshima Maru left Kobe a gentleman whom one of the olerks told me was Mr. Robinson called at the office and said he wanted to see the receipt. I handed it over to Mr. Robinson, who then said the amount was paid out of Mr. Kliene's pocket and that Mr. Kliene's must be put on the counterfoil, so I crossed out the name on the counterfoil and put in the name of Mr. Kliene. He also said he wanted the receipt to show to Kliene to get him to alter the name. I gave him the receipt and he took it away with him, saying that as soon as the matter was finished he would send back the receipt. He, however, did not send it back. So far as I can recollect that was the only time I saw Mr. Robinson in our office. So far as I recollect the Hiroshima Maru had not
name
Why? Because I don't remember. By the Court-The arrangement was, that defendant was to pay the cost of the telegram to the shipping agents at Kobe and the passage money. It turned out that the cost of the tele gram and the passage came to more than $40. There was a balance of $6 01, which I paid myself. Mr. Beck, local acting manager of the East ern Extension Telegraph Company, gave evid-yet arrived at Hongkong. ence as to the receipt of the telegram at the office for transmission to Springford at Kobe,
Mr. Mihara, local manager of the Nippon Yusen Kaisha, repeated his evidence as to the booking of Springford's passage from Kobe to Hongkong and the arrangement as to his wiring to their agent at Kobe, The receipt
By Mr. Francis-The money was received on the same day the receipt was dated.
George Springford, roostly in the empley of defendant at the Robinson Piano Company at Hongkong, said he left on Oct. 5th as he and Mr. Robinson did not get on well together. Mr. Robinson stopped a portion of his pay. He
Inspector Moffat gave evidence as to his ar resting defendant in his shop, by virtue of the warrant produced, at half past three on Monday afternoon, November 7th. After reading the warrant defendant said, "damned annoying;
too absurd.
Must I go now." Witness said "As soon as possible; you can finish your letter and put things a bit straight." He appeared to be writing a letter at the time. Defendant asked to see his solicitor, but witness told him be could not wait until he consulted with his solicitor. Defendant then commenced to write a note. After writing three or four words he scored a word out and said, "I suppose it's that damned Chinaman who gave it away." Defens dant subsequently accompanied him to the Cen- tral Police Station and was afterwards let out
on bail,
By Mr. Francis-I did not see anyone in the store besides Mr. Farmer, Mr. Robinson, and Mr. Stokes. I did not see anyone at a types writer near Mr. Robinson. Mr. Robinson did not call out for a coolie or a boy. He called out to Mr. Stokes only. He did not say in consequence of the boy not turning up, "That damned Chinaman is always away, I had never seen Mr. Emsley nor Mr. Springford un after the arrest. I did not see the contents of the note which Mr. Robinson gave to Stokes. I did not know a man named Cavanagh until the evening of the 7th. I was sent by the Captain Superintendent of Police to see him on some other business. I am quite certain I did not see Cavanagh in the store when I went to arrest defendant. It is possible he may hav been behind some of the pianos there.
On the conclusion of the case for the secution the question arose as to whether the hearing should continue or should be adjourned until the following morning-
Upon this the foreman of the jury, said the jury were prepared to give their verdict then.
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