October 25, 1909.]
Please notify Mr. Grant and see what I shall do.—I am, very sincerely yours,
"W. HOYMAN." The rest of the transaction is explained in Kennedy's next letter and his agent's reply thereto as follows:
"
you
"Manila, P. I., July 6, 1909.
My dear Mr. Hoyman:
On July 3rd I received your letter dated June 29th. The next day I went to see Fe. During the interview I spoke to Fe about the matter in detail in regard to Bar's demand from for 500 dollars Mex. before he could let you see the tubes. He said that it was very unreasonable if he had made such a demaud. He also said that it might bear's opinion that if you would not take it after it had been shown to you, you might spy every- `thing out and it would be known by others.
"Fe himself has this day writter to Bar and explained everything to him in detail. He has adopted some new conditions with me. I send you herewith a copy of it, and I wish you will follow the conditions accordingly.
"Fe informed me that the goods in tubes must be ready so that it can meet the steamer which is scheduled to sail on July 20th, 1909, and must not put anything on delay. Per instructions of Fe you can go to see Larker and collect from him 6,500 dollars Mex. The receipts must be written thus:
"Received of Bar 4,50 dollars Mex., being payment for Fe's share and charge on Fe's account.
"Fe also informed me that the 2,000 dollars Mex, for his share can be collected from Bar, as he has money deposited with him. You procure cloth for him, turn to him and let him pack and send. In case the amount is in- sufficient, you can collect sufficient amount from Bar. We have formed a capital amounting to 10,000, Mex. in equivalent to 8,800 pesos Conant, with a view of buying this lot of cloth.
«L
Mr. On has a share of 2,000 dollars Mex. Fee takes 2.000 dollars Mex., but the 2,000 dollars taken by Fe shall be included in the Hongkong shares of 8,000. The rate of exchange is 88. The rest of it amounting to 6,000 dollars Mex. can be sold to the Hong- kong people."
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From this date in either of our letters or cables we should use the word cloth instead of opium. Fe meaus Mr. Grant, Bar means Mr. Barker. We should use these signs in our letters or cables." And the reply:
"Hongkong, July 10, 1909.
My dear Mr. Yuen Kai:
Your favour of the 6th instant, together with a copy of the conditions, have been duly received. I will arrange everything with Mr. Barker at an early possible date. I will get money from Mr.
Barker to buy goods and then turn over the same. In reference to the capital amount to be raised for the purchase of the goods at Manila, my friends at Hongkong have already put up 8,000 dollars Mex, which includes Fe's share of 2,000 dollars Mex., and the rest, 2,000 dollars Mex., to be distributed by Manila. Mr. Barker desires to deduct 3,000 dollars Mex. from the purchase account to pay for the tubes as mentioned in the 3rd paragraph of the copy of conditions furnished by Mr. Grant and mailed to you on the- -inst, the price for tubes is to be accounted for Fee and Bar. both of them. But I do not understand the reason why Mr. Barker demanded me to pay for the tubes.. It is true the letter from Mr.
Grant to Mr. Barker has not yet been received? Please arrange with Mr. Grant to communicate by cablegram and oblige.-- Yours very sincerely,
"W. HOYMAN." While the prosecution assailed the authenticity of the letters it maintained that if they were true they clearly demonstrated that Kennedy was guilty of conspiracy to import the drug even it he did not actually participate in the importation.
Continuing his testimony Kennedy stated that he had conversations with Grant as to the contents of the letters received and sent. Asked as to the agreement entered into and mentioned in the third letter, Kennedy said it was as follows:
CHINA OVERLAND TRADE REPORT.
"That a special fund of 10,000 Mexican or P8,800 was to be raised between Hongkong and Manila for the purpose of buying Fe's cloth. That the total weight of the goods was to be 200 pounds and if more or less a corresponding deduction or increase should be made at the rate of 44 dollars Moxican per pound.
"That the four tubes including the amount of the goods were to be accounted for by Fe and Bar themselves. That the goods must be of superior quality, and Fe and Bar were to hold themselves responsible in case of any accident or risk occurring and that the intermediary should not be implicated
That Fe should not be responsible for any accident or risk occurring after the goods had been actually delivered to the purchaser. That all the expenses for transportation and freight, etc., should be paid by Bar and Fe.
"As agreed upon between the parties to the deal, a sufficient amount of money should be furnished by the intermediary for the purchase of the cloth. This agreement was dated July 6, 1909.
Kennedy further testified that Barker was to pack the goods and hand them over to Grant, who was to pay all charges and transportation. The empty tubes were to be reshipped to Hongkong for use again when opportunity
occurred. In the case of re-use the cost of the shipment would be P 1,000 less that before.
"J
Kennedy testified that he met Grant at his rooms at the Nevada Hotel Jand that Grant asked him to loan him P 2,000 to fight his case. "I tried to leave, said Kennedy, " but he stopped me and persisted in his request. I refused to make the loan. Two or three days later I again saw Grant and he asked me to leave the city saying that the case was a serious one and if I left Manila he would be secure,
otherwise he would be convicted. A few days later he sent one Le Breton, who and ask me to leave for the same reason. was staying at the Bay View Hotel, to see me He wanted me to leave on the Mongolia, which if I left he would turn States' evidence and sailed the day before I was arrested. He said could thus escape punishment.
He stated that had the opium arrived safely P100 on his investment of P2,000 according to in Manila Grant would have made a profit of
a verbal contract. His own profit would have been 10 per cent. on the P8,800.
He stated that he communicated all messages and cables received to Grant. That ho had
four or five interviews with him about the cables. As to the cost of the 200 pounds of opium in Hongkong he said it was about P4,000.
On cross-examination Kennedy acknowledged that he knew Grant was to bring opium to Manila and wrote to his agent to tell him to do what he deemed proper in the case.
Grant was to deliver 200 pounds of the drug to him. Speaking of the interview at which Cooley, unknown to him, was present, Kennedy denied many of the detective's statements as to the con- versation hold. He said that Grant wanted his P 2.000 back as the shippment had been seized The prosecution pressed Kennedy hard about an account that had been paid by him to a certain
McIntyre, and 'after minch effort elicited the statement that he paid him between 5,000 and 6,000 pesos. Asked what for, the defence objected that the answer might in criminate the witness in another deal that was not charged in this complaint, and asked that the witness be warned that he Was not bound to answer questions incriminating himself. After a hot debate in which all the attorneys and the judge took a part, the question was again put and the defendant replied that he paid P5,900 to a Chinaman with which to buy contraband goods.
The prosecution starting from this point went deeply into the question of the conspiracy to carry out this and other similar deals.
The only other witness called in the afternoon was Chi Chak Hen, who claimed to be the book keeper of Kennedy and the writer of the letters and interpreter of the code cables received and
sent.
MANILA, Oct. 12.
The trial of Grant and Kennedy for illegal importation of opium closed yesterday in a whirl wind of excitement owing toa personal encounter between Attorney O'Brien and Detective Cooley, Attorney O'Brien was acting in conjunction with Attorney Waite on behalf of
373
Kennedy, and called as a witness the official Chinese interpreter, Kempton, to prove that he was a brother of Kennedy.
Kempton's appearance caused a flow of Billingsgate
that flustered the partici- pants, astonished the court officials, and greatly amused the spectators. It con-- cerned statements which Detective Cooley was alleged to have said about Kempton's identity and whereabouts. Attorney O'Brien accused Mr. Cooley of saying something "untrue, who responded with "liar." O'Brien then called for protection of the court, whereupon Assistant Prosecuting Attorney Southworth remarked forcibly that Mr. O'Brien had caused the trouble himself.
Judge Lobingier intervened and called all parties to order, informing the attorney that the matter was a private one and must be settled out of court. He also warned the parties that any further disturbance in court would lay them open to contempt proceedings.
Apart from this episode, the trial was a very unexciting one and but little of interest was adduced from any of the witnesses. One of the first steps of the defence was to produce a string of cables sent from Manila to Arcade, the cable address of Barker and Company of Hongkong.
The machinery containing the contraband was prepared by the Barker company and it was desired to show from the cables that Grant had many dealings with the firm., The prosecution held the cables to be of but little value as they are unsigned and may have been sent to Barker and Company by other persons in Manila and are not necessarily cables from Grant.
One of the cables concerned the four tubes that contained the contraband and informed the firm that they had been seized by the customs authorities as containing contraband and that they must be immediately duplicated. This cable was sent by Grant at the instance of one of the members of the Philippine Dredging Company in the belief that the tubes were really part of the machinery ordered for the company. An effort will be made by the
defence to show that one or more of the other cables now in code were sent later countermand-
ing this order to duplicate.
and reintroduced as evidence for the purpose of These cables will be deciphered by the defence
showing that Grant had engineered the deal in Hongkong and was the real importer of the drugs.
stand yesterday and identified the correspon- Kennedy's book-keeper was again put on the dence and cables introduced on Saturday.
Grant had testified that on May 14 he had drawn
Bank a draft on the International for the sum of P5,900. Mr. Webb of the bank was called yesterday to testify that the draft was for P2.200 only and was payable to George Lindsey of Londen.
After the encounter between the attorney and the detective the interpreter Kempton was
placed on the stand and testified that he was the broker of Kennedy and that he went to China inJuly last ou one month's vacation. That he
left cn the Munchuria.
On cross-examination he stated that being a Chinaman he was compelled to make application for permission to leave the islands and return, thirty days before the date of leaving he being classed by the Customs authorities as a labourer. He added that he made an effort to have this and succeeded. This provision waived information
elicited by the prosecu- tion to show that Kempton' left for Hongkong in a great hurry.
was
Asked whether he had any other broker he hesitated and then replied that he had one in London, and that he had none in Hongkong. Asked as to his brother's business in Hongkong he said that he had none.
Who is Kai Mi? asked the prosecution.. That is my brother, Kennedy, was the reply; it is his Chinese name.
What is your Chinese name? -Kai Tong. Has your brother any other Chinese name? After some hesitation Kempton replied that he had another, Ah Yuen. This latter name is the one appended to the correspondence that passed between Kennedy and his correspondent in Hongkong, Hoy Man, also known as Hoy.
man.
Following the testimony of Kempton the defence rested, and the prosecution announced that it desired to cite Grant as witness in