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October 28, 1907.1
We had yesterday some testimonials as to your character and antecedents. Would you have any occupation now if you were not under arrest? Yes, if I was at home in the States. I am a plumber and tinsmith.
What were you doing at Manila?-When sir? At the time you were in the society of the deceased woman? - What was my intention?
I don't want to know what your intentions were. What were you doing there --I went to Manila en route to the United States.
How long had you been staying there? -- From July 17th to July 30th.
During that time were you ougaged in any occupation -No, sir. It wasn't necessary.
How long had you koown Gertrude Dayton? -I met Miss Dayton about a year ago this month in house 92, Calle Alejandro, had ab ut three or four minutes' conversation with her and left the house.
At Manila - Yer.
Had you seen her in the meantime since that meeting?-No, sir.
Had you any letter communication with her during that time?-No letters came to me, I saw letters from ber.
but
Bo I may take it you only saw her noce before you saw her in Manila this time - Yes, Therefore your acquaintance with her was quite casual, was it not? Yes,
Now, as regards the dispute that took place between B. Booth, Miss Marshall and the deceased woman, you were called in by Miss Booth to act as a sort of intermediary-No, Bir.
I put it to you that Miss Booth called you in and asked you to act as a mediator between her and the deceased? No, sir. She did not call me into the hotel.
I have not said so.-I said I met Miss Booth while out driving, and she asked me to ge: Miss Dayton to meet her alone.
That is exactly what I said. Why do
you think then that Miss Booth should have select- ed you to approach Miss Dayton ou
her bahalf?-I suppose because she
saw Miss Dayton and I out driving, and Miss Marshall also. We used to go to the theatre together Be well
In fact, she knew at the time you were living with the deceased ?—I was not living with her. You were in the same hotel --In the same hotel, but not living with her.
Were you friendly with Miss Booth ?—No. Did you have much discussion about the insurance payments None whatever.
Do you mean to SAY that when Miss Booth asked you to try to get Miss Dayton to meet her alone, no reference was made to the subject in dispute?-No. In the hotel when Miss Booth tried to get Miss Dayton to sign certain papers I heard the conversation.
When you met Miss Booth alone, why did you tell her you would try to get Miss Dayton to meet her, but that you did not think she would? -I meant that Miss Dayton was under no obligation to me, and I did not think it was any
tise.
This gentleman, Mr. O'Brien, according to your statement is a lawyer in Manila-I believe so.
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And be, according to what you say, in his capacity as a lawyer advised Miss Dayton to get out of Manila, having already carried ont monetary transactions for ber-Yes, sir.
Now you saw Miss Daytou, as you say, on one occasion previous to this year, before you saw her as a casual acquaintance at this hotel -Yes.
Do you mean to suggest to me that during the time you were with her at the hotel your relations were purely of a chaste character? Positively.
Why do you suppose Miss Dayton asked you to accompany her to Hongkong?—I mən- tioned that I was coming to Hongkong myself. Would a woman with whom you were not on terms of intimacy select you particularly as company to go away with-She did it in
order that she might avoid the ends of justice in Manila And I was often in Miss Dayton and in Miss Marshall's company, and I told them I was going home on the Minnesota. They persuaded me to stay, and. I remained there and played cards with them, and went out riding and driving.
At any rate you were a willing victim: you accepted her proposal and left Manila with
CHINA OVERLAND TRADE REPORT.
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her, and became her familiar friend until the night of her death Not necessarily. No, sir. Well you were with her and registered in the hotel as husband and wife? Yes, sir, but there was no criminality on my part
I am not talking about criminality. It is a small matter having regard to the charge under which you at present stand. The deceased woman trusted Miss Marshall implicitly, didu't she?—I don't know.
You fold us she gave her those orders? I said Miss Dayton gavo Miss Marshall one of the post office orders.
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I put it to you that the deceased regarded Miss Marshall as a friend, and trusted her im- plicitly? Yes, they were friends.
Now, on leaving Manila you told us that a Chinese coolie spoke to Miss Dayton ? -At the steam launch landing.
Do you affich any importance to the fact of the Chinese boy speaking to her? Not necessarily.
What importana do you attach to the can. versation at this time between her and the boy I am just stating the facts of what happened from the time of my leaving Manila notil my arrival at Hongkong.
Do you suggest that the boy mad any communication to her with regard to the dis pute between her and Miss Booth - Miss Darton seemed to be excited at the time.
Other people spoke to her, you know, on board the ship. What I want to know from you is, what is there in the fact of this boy saying good bye to Mis Gertie -I don't attach any importance whatever to the fief, only that the boy spoke to her and Miss Dayton became excited. Nobody spoke to her on board the ship. All her jewellery you say, was entrusted to you ?—Yes,
And she remained on the deck of the steamer at night watching for the police? - I remained on deck at night,
In custody of her belongings?-lu custody of her belonginge.
What was to be your ultimate destination when you both left Manila - Hongkong.
You booked for Hogkong : → Yes, And paid for the tickets? Yes. For both - I did.
That was a generous act ou your part, wasn't it? No, the money was to be refunded on arrival at Hongkong.
The amount of her ticket, or the amount of yours and hers-The amount of her ticket.
Not yours-No, sir.
You were not yourself travelling at her expense-No, sir.
On arrival at Hongkong there was another Chinaman it appears?-Yes, Miss Dayton said she thought he knew him.
Did it strike you as being a most remarkable fact that a person landing in Hongkong should know a Chinese boy-Not necessarily.
What importance do you attach to the fact - None, she was in a house where there were a number of Chinese servants.
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Having regard to the fact that this woman was murdered, you cousider that her seeing this Chinese boy gives some olue to it ?-In no way.
There was something on the warpath - There is something strange about those boys meeting her.
You went to the H ngkong Hotel, and you say you had two bottles of brandy and two bottles of whisky?—Yes, sir.
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'The two bottles of whisky wers found in the room; what became of the brandy? That I don't know.
I suppose on the voyage from Mauila to Hongkong you and Miss Dayton were in perpetual conversation on a variety of sub- jects?—I can't follow you.
You can follow me perf-ctl wall. But I cannot bear, sir.
J
you
I put it to that
you
had conversations on a variety of subjects during the voyage ?—Yes. Why do you think it necessary to tell the Court about that particular instance of the Chinese boy -Because we met him there and she was excited. She was seeing things and looking at every Chinaman on the boat coming across from Manila.
What was there on her mind, do you think? -I do not know, sir. I am not a mind reader, and cannot read a woman's mind.
The whole thing is part of your story. is it not, that some unknown man committed the murder. First the story of the Chinese boy alarming her at Manila; then the Chinese boy alarming her here, and then the strange gentle
mau who accosted her -Yes.
And what you regard as an important part? —In a way, yes.
Ia
And why didn't you tell me that before. there anything about the statement of the Chinese boy that you regarded as important?. I thought it was peculiar in Manila, and coming over Miss Dayton was acting peculiar and strange.
Where did you get the brandy ?—At Chefoo,
on did not dispose of them yourself ?—No, And they were not found afterwards?—Not to my knowledge.
Who are Mr. and Mrs. Feist? I don't know. They dined at the next table to you that night believe they did, or one ner.
Had you ever seen them before ?—No, sir, Har you seen them since, or either of
them-No.
So far as they are concerned, apart from the conversation had when they were introduced to you, you did not see them again ?—No,
but I can describe them.
Upon arriving at the corner of the Hongkong Hotel, you were met by a man coming from the What direction of the King Edward Hotel. was that man like? He appeared to me like a Jew. I did not get a good look at him, as his back was towards me.
As soon as be spoke to her she immediately turned round and said to you-" Don't go far-Yes.
Did you them --No.
hear the conversation between
You heard her talking excitedly, did'nt you? I heard him.
Did you walk away deliberately not to bear what passed between your lover and the oth... man? Who? She was not my lover.
Well, you were living with her. I will all her your companion, or what you please. Do you mean to say you walked away not to her The courarsation-Yes. It was none of my business.
It was not about the dispate between live and Mi-8 Booth -I don't know.
How long did this conversation last?-Fone or five minutes.
You were standing a few paces off the who's time? About ten or twelve paces.
And you say there was no farther conversation between you and her as to who this man was → No.
Supposing he was in Court to-day, could you point him out?—No, sir.
Was he an old mau?- As near as I could see he was a man between 25 and 30.
Did he see you with her?-I suppose he did. We were both going towards him.
Now I suppose your suggestion is that this murder was committed by some man to avenge the wrong done to Miss Booth by the deceased? -I don't know.
You have no suggestion whatever as to the reason why she was lourdered ?-No,
Then you don't yourself think that the motive was in any way actuated by the dispute between her and Miss Booth with regard to money matters?—I don't know anything about it
(ne now, who do you think committed the murder-I do not know, sir.
Who do you think did it? I do not know. What are your suspicions in the matter? The first thing I thought of was B Booth.
And that the man who murdered her did it
at the instigation of Miss Booth ?—I don't know who it was I thought of Miss Booth because the deceased had stolen money from her. You don't suggest it was the strange man? I don't suggest anything.
Apart from that fact, all you are prepared to say to the jury is that you think the murder was committed through Miss Booth ?—I am not prepared to say anything.
what you really do think about anyone else
You needn't have any compunction in stating
The only thing I said was that my thoughts first went to Mas Booth on account of Mis Dayton stealing the money from her.
How long were you at No. 12 that night ?—I don't know. About an hour and a half, two hours, or tur hours. I couldn't say exactly.
Were you still in possession of all her jewellery ?—Yes.