THE BENJAMIN CASE.
The further hearing of the Lena Benjamin Wainewrightcasewne resumed at Her Britannic Majesty's Court, Sharphai, on Wednesday, May geth, before Mr. Acting Chief Justice Mowat Mr. H. S. Wilkinson appeared for the plaintiff, Mr. Wainewright conducting his own defence.
Mr. Wainewright Before the examination proceeds there are two or tice points in your lordship's notes to which I would draw your alicntion.
!
His lordship-Very well, " Winess Near the beginning of my cross- examination, after "There was an arrangement, as I understand, by which they became liable for Tis. 75,000 in cash," it reads "I did not take notice of a, auenber of attendances to Mr. Ben jamin." What I meant was a number of my attendances on Mr. Benjamin.
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THE HONGKONG TELEGRAPH, TUESDAY, JUNE 5, ♪ 8.
Witness-Certainly not, His lordship-Did you look for that letter?- Yes, and I dare say if I had had more time 1 Mr. Wilkinson-Mr. Toeg? should have found it. I may say that I went Witnesss-Don't Know I never suspected through the balk of my letters from Mr. Ben-Mr. Tong, but do not think the line of cross jamis, and.I did not see any asking for money, examination you are pursuing is fair,
Mr. Wilkinson-Mr. Toeg? is to say I went through the pigeon holes in which I keep all Benjamin's letters, or nearly WHITCSS to not know,—–— all.
suspected Mr. Torg,
Es Mr. Samuels In Shanghai?-I believe that he is not wish he were.
His lordship-Mr. Samuels, you say, is the writer of that lever I believe sa
And is he not here ?-No, 1 believe he is in -Bombay.
Mr. Wilkinson-How anunftus re eiving that letter did you-pay Mr. Benjamin anything 7-1 see an entry of Tis. 100 on the 27th October,
Witness-I gave him Tls, 100 on that day. If you want to know about it, I must explain it sooner or later. When I got that letter i looked upon it as the voice of one or more hungry hangers-on, as I did not suppose that Mr. Ilis lordship-That is as I understand it.
Benjamin wanted Tls. 400 for his own use, and Witness-Then after the statement that there I went round and saw him a day or two after was a promissory note to Mr. Gubbay I say, "1wards, and told him that I did not propose to do not recollect whether I gave Mr. Benjamin a. support his hanters-on, but that if he wanted a copy of it," which looks as if I meant the few dellars for chow chow" he could have promissory note. The question was whether I them, and that was all. He told me that he hand given a copy of our agreement, the agree-owed a lot of money to his boy for food, and that ment of the toth Oẹt, L ́
he also owed Mr. Samuels some money, and as Mr. Samuels w sa very poor. man, it reduced him to great straits, and so on. Well, then we had a talk and said a great deal which I can- not now recall, and it entled by my saying "I' see if I cannot let you have Tis. 100 in a few days." And 1 took them round to him in notes, and he put them under his pillow. He was then In bed. I took him round one or two small amounts between my return and his death. witness a scrap of paper)--I suppser I did.
Did you send him Say with this? (showing That was ten days afterwards I suppose he sent to me. He may have written a note to me and I sent the money.
Mr. Wilkinson--i have not got a copy of your Lordship's notes, and there were one or twe points in the printed report which conveyed an erroneous impression. (To Witness)-Did you say you contemplated at the time the possibility of following up your demand by legal proceedings in Hongkong and Shanghai ? Did you contem. plate legal proceedings in Shanghai 7-I really don't recollect exactly what I said. y
His lordship My recollection of it is that you said in Hongkong, ,", ।
Witness-I think that is 'so, my Lord.
Mr. Wilkinson-Did you contemplate legal proceedings in Shanghai-I did not know the course I would have to take. If necessary, ! was prepared to take legal proceedings in Shanghai also.
I think you said that if you had had to employ lawyers in Hongkong or Shanghai, that would not be included in the Tls, 25,000? You said Shanghai as well, did you not? Yes, I think 1 said in Shanghai.
There was a letter from the Hongkong and Shanghai Bank stating what the amount of its balance was, and about which there seems to have been some misapprehension?-Yes
I will read the letter:
Mr. Wilkinson read the note: "Dear Benjamin, I send you herewith fre, all I can manage at the insment,
Yours truly, "
R. E, WAINWRIGHT,
Witness-Leally cannot say exactly. I did not put it in my count. My mind was a good deal worried at the moment with other tatters. I probably gave that chit to his coolie. I think I said to him "Send your coolie round," and he did and I gave him the note with the $25. But I did not take a note of it or put it in the
account.
On the 19th October did you send Mrs. Benjamin this note? (Showing witness a letter Yes, I did. I found Mrs. Benjamin at Mr. Benjamin's in a great state of excitement, and crying. She told me that they were nearly starving, and sent $50 to Mrs. Benjamin as a for her I do not know that Mr. Benjin was aware that she was there. He was in another room in bed.
Shanghai, roth November, 1824. TWARESVERARITY.I coclove a rotel memo, of Benjamin's at, la luding interest up to the end of the year. The deficiency may be extimated at The 110,00n, taking the value of the li Pal·li jansperty ai 11. 10,005. It yicide a yearly rental of Th. Sevenante deliciency-ay-be-a-few-thousand-a-gift-i-was-sorry
hite or In Dan my cutimate, but cannot differ very widely from the figures 1 give which are quite date enough to form a for thjament of this 'Dapk's claim between our reve tire dal offices.
A, J. M. Invokanty, Esp -Witness—Yes,
Yours truly,
JOHN WALTER,
Have you read over the letter about the receipts ? Yes, I find it is correct. I had it on a stip of paper which I have mislaid. I find that on the 21st August, 1883 i received Tls. 980 from Mr. Benjamin, covering Tls. 680 for previous work and leaving Tis, too on account of future work On the 8th August I sent him in my bill amounting in all to Tls. 2,680, but I had previously received Tis. 2,000 on account. So that on the 31st August the money. I received was Tls. 6o is payment up to end of June and Tis. 300 on account. On the 19th September I received Tls. 700, making about Tls. 1,000 altogether on account/
Australia and China:
His lordship-What did she say?-As far as I recollect she said, they were starving and that the children had no food.
Mr. Wilkinson read the note referred to as follows:-
October 14th,
Dear Mrs. Benjamin, Plase accept the enclosed $50 as a contilation to present needs. I am sending and Brand's exact from Lewellyn's.
Yours truly,
Mr. Wilkinson-Mr. Harman ? Witoess- do not know him.
gave them four promissory notes for Tis. 400 Fach and they gave him the jewellery. The notes were payable one on the 1st of March, 1887, one on the 1st of April, 1887, one on the ist of May, 1887, and the last one on the 1st of June, 187. Those promissory notes were taken nover up with money burnished by Air. Benjamin. The 3rd one, dus on the 1st of May, 200 Tls. were paid on it on the gth of May, and the last note was not paid until the 30th of June. I was not in Shanghai when the last note was taken up If I had owed Benjamin all this money, I do not suppose he would have troubled himself very much to get money to pay these notes for the jewellery,
Mr. Wilkinson-Your obserration did apply to the two Chinese boys about Mr. Beh
2-No, certainly not.
not
Mr. Wilkinson-Mr. Wm. Black Jamieson ? Witness-am doubtful.
His lordship Have you anything to say in re-examination 7-There are one or two points upon which I should like to make a few obser-
vations.
flow was it that you came to give promissory notes for the jewellery -The Bank had a lien on it and had sent it to London for sale.
tinctly over and over again, that he was ashamed to ask Mr. Wainewright for any more
Had Mr. Benjamin a good memory remarkably good memory.
most
Hogaardt's name is a guarantee of the soundness ef uny enterprise, and will have much weight with planters when enquiring about Tobacco planting in British North Borneo,
.
We hear that the Very Rev. Father Jackson Was he cateful in his business transactions?
was very much pleased with the Roman Catholic Yes, I think he was very careful, and his memory was really perfectly extraordinary. He Mission School under the able management of used to keep things written down on slips of the Rev." "Father Byron, and has promised his paper and paste them in a book, but I fancy he-support and co-operation towards the building trusted more to his memory than to anything of the school. A site, behind the Roman. Catholic Chapel, has been selected, and the else, and it was quite remarkable.
Something has been said about a payment by ground is now being prepared a Co of. So in November last. Do you: remember anything in connection with that? When your examination was going on and their was a question as to whether it was $50 or $15 paid to Mrs. Benjamin, it occurred to me that we (Mr. Wainewright and witness) had talk about Mrs. Benjamin, something about her ndt having fund or fire in the house, and I said there $25, send it to them, and you said you would send another $25.
Me. Wainewright-But you asked me to say nothing about it.-At the time I particularly asked you to say nothing about it.
Cross-examined by Mr. Wilkinson. Of course what you really became responsible for on the shares was the difference between their value and the amount they realised?- Mr. Wilkinson-One moment. In reference Yes.
And how did it turn out? Did he make-órs to what you sail just now about the persons who were with Benjamin in his last days; have yourse money ?-1 do not know, I had not to pay known any of these people to concoct evidence anything. before 2-1 considered that statement you far- warded to me (the enclosan in Mr. Wilkinson's letter of the 27th December) a concoction
nade up thing and Herjamin relieved it to he was made to sign it. That was the beginning of the whole thing, and I think it was a thorough concoction.
"Then you do not form the statement of your belict upon anything you knew about them beforehand - raunot call to mind any specific act that caused and to have that belief. I bad that feeling and acted upon it. It may have been ill or well founded for all, I know, but trad that feeling. The document you sent me put me on my guard
...
And you also think Mr. Samuels was capable of conesting a letter? No, I did not say that. I thought it was prompted by the hungry valtares around him.
1 thouglit you had said the letter asking you, 10 lei Benjamin have two or three hundred taels was written by Samuels and that it was л conraction ? Na, I said that letter was prompted by a desire of those around Benjamin to get money from him.
;
You don't say then, or pretend to know, that the letter of November 1885 was concocted ?- There was nothing to concoct in it. It was a request for money. My impression was that Benjamin had been induced to sign the letter to ask me for money to enable him to pay those he wed-to pay his brokers, perhaps, and I did not feel disposed to pay them.
+
1 also omitted to ask you one or two questions about the Tis. 17.000 paid to Capt Law. You say that in bis agreement he was to get 20 per cent, I think? I cannot tell you exactly. It was
What was the arrangement you bad with Denjamin The purchase was on his own account, and he had to, provide the money to pay the notes.
Measts, van Siticis, Thromp and Sampson left Kud:t in the steam launch Kimanis on 18th April to visit Count Geloes' fine Tobacco a brother estate at Ranow! Mr. Sampson, who of Mr. J. Sampson, late Superintendent Public Works Department, British North Borneo, is anxious to shinin Tobacco land in the vicinty of Marudu Bay, and does not mind if he has to take it up far behind those lands already sold, as he thinks there will soon be; local commun ication between the different estates.
We are glad to be able to say that offers have been made by a large Shipping firm in Singapore Mr. Wainewright-This entry of Sag should to run a steamer from Singapore to Hongkong, have been $5. It was not really a contribution, calling at Sandakan and Kudat both going and but a donation. The $50 was my $25 and Mr.returning. The terms offered are. low and we Campbell's Sas. I forgot it at the time till Mr. hope they they will be acceptable to the Govern
ment. The number of coolies brought down Campbell mentioned it."
from Hongkong by the Afghan, 287, is an carnest of the passenger freight obtainable, and Count Geloes tells that over 1,000 coolics will be required by the Tobacco-planters at the end.. of this year. This means $10,000. ..**
How long before his death was the last time you saw Mr. Benjamin-I think it must have been about a fortnight.
L
You say he provided all the money. How did he get it He ought to have got it from the sale of the jewellery, but I do not know how he
His foidship-We have not the date of his managed it. I believe he pledged the jewellery and
Mr. Wilkinson--The 9th of January, received a lump sum fox it, but he did not give me death yet. matter of fact I do not know how he got the Mr. Wainewright resuming examination: the money as he sold the jewellery, but as a
the mancy","
He never suggested that I shouldWas Mrs. Benjamin with him then?-She was pay it.
Who was there?-1 remember there was a an in the house.
You are quite sure he never suggested you should pay is 7-1.am quite sure he never suggested it to me, ...
You say the note was not, paid on the 1st of May, that you declined to pay it. How was that? I said to the Bank you must let this thing go on because I have not got the money froin Benja min, and il I pay it myself I shall have great trouble in getting the money from him, but if 1 can tell him you want the money, it will be
better.
not
We hope to see sine other estates opened this year for next year's plasting. The Acilities afforded by rivers for transport, and the proba bility of finding large areas of flat land adjoining, necessarily makes them the loading point of search. We cannot do better than mention that Mr. van der Hoeven informed us thing he found hette and a little farther back from the River (abok) with better water. The drainage, if requisite, of lands on, the tidal linit, is not easy, hot above the tidal limit it becomes simple and inexpensive, and there is little doubt that the upper waters of our big rivers will shartly be visited by planters.
The work in count xion with the erection of
Who was he? I don't know, Not Mr. Sils? No, not Mr. Sifas, His lordship-Do you mean by that that Mrs. Benjamin was still living apart from him?—Yes, Mr. Wainewright-Did you understand from anything that he said she was or was not living with him then?—Yes.' He was very ill, and he said: "Benjamin very sad, Henjamin got no wile, no children, no money. What to do 1" He Did you give promissory notes or bills? used to speak in that way, and I said "Why Steam Saw Mills belonging the British.
don't you make friends with your wife and let her onto Trading and. Plauting Co., on the Leila gave promissory notes.
come back and look after you ? Me Benjamin Rand, is being pushed on most vigourously. On was a very pasionate man always, and he flew visiting the works this week, we found that the into a frightful rape,, abused Ms. Benjamin,rooding in" of the building, was nearly, com calling her all sorts of names, and he gave me pleted. As soon as the whole works are finished, to understand that he would never speak to her they will present a most imposing effect from again and would have nothing more to do with the Bay, as the area covered by the Saw Mill her. It was with some difficulty that I-get him buildings, and the timber drying" and "stack- to be quiet again, he got so excited.
ing"-sheds, (all of which have wrought iron roofs), will cover an area of no less than 33,000 square feet. Mr. Boultbee, the Manager of the Company, informs us that he anticipates having the bulk of the machinery running about the middle of June.
Which Bank 2-ft was the Chattered Bank of India, Australín and China.
Did you ever tell Mr. Benjamin about the Tis. 4,500 you got from the Chartered Banke 1 believe 10, but I cannot be perfectly sure about it.
But your first point was, that a lawyer was compelled to make out a bil-Do you
it? ..I do not.
Did he say a thing about anybody clac at
steel an agreement. It was difficult to say recollect what conversation took place about : 1 that interview ? No, not that I remember.
what was the amount we should get from Messrs. E. 1). Sasvoon, and Capt. Law. agreed to take T-17-coill satisfaction, butLde.not know exactly how it was arrived at, and that was the amount paid bin. But how it was arrived at 1 do not recolipei,
How du! you pay the 'Tis 17,000 in tel noirs.
And that includes the payment to the purser ?
-Yes.
Did you see him after that ?-That was the last time i saw him.
Mr. Wilkinson-That is all 1 have to ask, His lordship-There is just one point I wish
Do you know when Mis-Benjituiraldor back to-ask about. In your letter to Mr. Wilkinson of the 8th of December you say: All I have to him 7--No, I do not, but I was walking in the to-say is that I will have my bill of costs made street a few days afterwards when I niet Dr. What Bill of costs did Little and be said "Well, Mrs. Benjamin is back out as soon as I can. you refer to ? At that time did you not rely on again." That was absolutely the next thing
heard about Benjamin after I had seen him. "It the agreement 7-Yes.
Then why mention-bill-of-costs-7-Thero-was-might-have-been-two or three days after my Do you know how much the purser got ?-1.4 bill of costs subsequent to the agreement and interview, that I was told Mrs. Benjamin was Believe the arrangement was that he was to get I said you can have it. That was all I wanted back with him.
Cross-examined by Mr. Wilkinson-Can you Tls 5,000. I bet eve the purser thought he did to say.
fix it at a closer date than a fortnight b fore not get as much as he ought to have got, but
His death 7-1 cannot. The way I fix it R. E. WAINWRIGHT,
that was a matter for Captain Law. He had to Mr. Wilkinson-1. see in the accounts that
was that it was after the Paper Bunt. you have $25 for October down, is that a mis-satisfy all his subordinates in connection with
had been out to the Paper Hunt and walking the affair.
home 1 went in and stayed with Mr. Benjamin take for $50f-1 think so.
for an hour or so. It was about the 31st of Ducenter, but I do not think that is likely the date because I should have some work in the office at that date.. There were some extra hunts about that time-about Xmas and New Year, and it might have been one of these, The ordinary hunts are always on a Saturday, that is the only way I can fix it. All I know is that I saw him after a Paper Hunt about.a fort night before he died. It was about the end of the year.
I believe that you have already said that in the end of October, 1885. Mr. Benjaini was largely indebted to many people ?-Yes, mostly
to Banks.
Still there were others,~~Mr. Gabbay 7-Yes, and I daresay there were promissory notes to other people loa.
His landship-Before going any further would you tell me of what Bank Mr. Inverarity is. He was very much to the bad at that time in bla affaire ?—Yes, I suppose be was him manager P
Mr. Wilkinson-The Chartered Bank of India, 1-do not know that there were any
And a good many people were pressing Cross-examination resumed-In estimating other people pressing him, except Mr. Gubbay, Mr. Berjamin's indebtedness to you, did you but there were a good many people holding his take into account this T. 1,000?—No, I over-promissory notes in Hongkong, as well as here. Did you ever write to Mr. Benjamin telling looked it, I may say that I make his indebtedness. to me in September, 1885, to be Tls. 3,250. But him that you were giving him this money for. that estimate is rather hastily made, and well charity ?-No, not that I recollect. Nor do I
think it is at all likely that I would within the mark in my opinion.
Does that include anything in connection with the claim against Sassoona-It includes some items. As I have mentioned before, I did not. put down nearly all of my attendances on Mr. Benjamin in connection with the matter.
How much does it include for clerk's work -- It includes about Tis. 180 for attendances, and also some for clerk's work, I have put down
Nor did he ever intimate that you were. indebted to him ?-No, he never thought that I was indebted to him. Neither did I. We knew each other too well.
How did you know what dreams were passing
perfectly.
You recollect the transaction well-enough to know that you paid him Tis. 17.000 7-Yes, I recollect that perfectly.
His lordship-And Captain Law signed the receipt ?—Yes; it is endorsed on the agreement. Mr. Wilkinson-1 only mention it to make it sure that air, Wainewright remembers all about
i1.
tinctly.
Mr. Wainewright-I remember it most dis- And when was the money paid ?—It was paid the same afternoon, without nay rebate oreturn commission. (Laughter.).
Mr. Wilkinson--I think that is all I have' to ask.
Mr. Wainewright-i have one or two points to which I wish to refer. I think. I said in my cross-examination that I was very much surprised at hearing that the Chartered Bank had given me the Tis. 4.500. That is a very strong expres sion, but I believe l'used it. It is too strong a
*term.
His lordship-You were agreeably surprised!
His lordship-Even when you had a written agreement with the client in question. There was a bill of costs subsequent to that agreement, but as a matter of fact I did not make out the bill of costs. I did not consider at the time, what bill of cbsts it was necessary to make out I had not began to think about it wascateful to say as Httle as possible about it for the reasons I have stated. I did not want to give them any suggestions. I knew I was compelled to give a bill of costs and so-I mentioned it.
His lordship-It strikes me as somewhat inconsistent with the agreement. I had said that I had an agreement up to a certain date and then said I would give my bill of costs, I should bave told them about the agreement. Besides there was a balance of money, for which I was
bound to account.
His, lordship-Yes, but that is not a bill of costs,
But I had to account. The bill of costs in my mind was the bill of costs subsequent to 1885. I wanted to say as little as I could, that would be useful to them, without making my answer a soivvy one.--Yes, and if I had sat down to make out my bill it would have been for the period subsequent to 1885, but I never did sit down to make out the bill.
You were not anxious to assist the other side?
in his head?-He understood how we stood,Yes, agreeably, but I was surprised because I
did not expect is and at the same time I receg-Yes, that was it, but I thought a bill of costs But I wish to would be necessary. I believed there was a nise the extreme justice of it.
plot on foot and I was not disposed to help them. leave it as that.I was surprised because I did
Mr. Wilkinson--Am I in it ? Witness-No, I did not say that.
I take it that you were in daily communication with him for several years; and that you had an idea of what be understood about this
here Tis. 200 for clerk's work, but it was really gedness?—I never had any doubt of what not expect it. Then another point is as to what
a great deal more.
he understood. When you are in such close said my bill of costs in that transaction would -have-been-thick--said-that-it-might-no communication wina
Mr. Wilkinson-I am advised that Mrs. Ben- jamin went back on the 20th of December.
Witness-I am almost sure it must Have been about the end of the year. I do not think I was the 31st, but it was about the end of the year, and about a fortnight before he died.
Mr. Wilkinson-In what state of mind was he in when you saw him?-Did he understand what he was talking about when you saw him last? Yes, certainly he understood what I talked to
him about.
•
You say he spoke violently on some subjects. Did he speak intelligently 7-Quite..
Mr. Benjamin, I believe, was of a speculative nature? Yes,
Ameeting, presided over by His Excellency the Governor, and which was numerously attended, was held in the Governor's Office on the 26th April, for the purpose of discussing the necessary steps to be taken for the prevention of fire. Mr. Elint informed the meeting that the Fire Engine. was in good order, but a now hose and ather, appliances were required. It was resolved that' His Excellency these be obtained at once. suggested that the meeting be adjourned for few days to enable the Chinese community to consult among themselves as to the most suitable way for contributing towards the expenses of a Fire Brigade. At the adjourned meeting Mr. S. Kuone Lung proposed, and Mr. Koh Heen seconded that an extra 2 per cent, be levied monthly on the present Town Assessment, Carried unanimously. Resolved that a subscrip- tion List be circalated for defraying the present expenses-Carried unanimously, M. S. Kuong Lung proposed, and Mr. Heen seconded, a hearty vote of thanks to His Excellency for presiding.
A correspondent from the West Coast writes informing us of the arrival of the steamer Afghan at Kedat with over four hundred Chinese coolies, most of them on their own account. Count Geloes d'Elsloo has retumed with roo coolles, and we are pleased to inform our renders that so far from sharing Mr. Abrahamson's views, he says any amount of coolics can be procured at a moderate, rate, provided means of communication: be secured. The Count received valuable as sistance from the Hongkong Government, and his visit to China has practically solved the difficult problem of labour. This is of vast im portance to the country, as it was the only possible stumbling block in the way of the success of the Tobacco enterprise. With cheap labour, cheap land and no, taxes, British North Bornico should become a keen competitor with Deli, with many advantages in her favor, Wa hear that the Ranow yield last year was over ten piculs per field, and that, if the price which it is His lordship. There is the statement that a
It was nat to his”, intereat to let you know that-expected-to-command-in-Amsterdam-be realized, the Company will pay a good dividend the first and that that the balance due to Benjamin was Mr. Wainewright owed him money, if that had
been the case? No, I do not think it was to his year. This has not been excelled even in Deli, Interest one way or the other. He knew that we and we may expect a "fish" in the latter part 25,000 Tacis less your charges, and Mr. Wilkin- on in his letter asks you what your charges are and you say, not mentioning the agreement. did not expect to get anything more out of him. of the year-North Borges Herald, May 1ste
But you would have been less likely to You will make out your bill of costs as soon as
COREA: you can and that you do not owe one cont-My advance him money if there was any one answer was intended not to help them at allowing him money? I cannot say, but I have come to me and tell me that Mr. That was all, not that I had any doubt whatever do not suppose that Mr. Benjamin would about the genuineness of the agreement itself.
His lordship-That is all I have to ask. Wainewright awed him money, and especially
He was indebted to the bank at that time? Mr. Wainewright then left the box and called when he always denied it when I asked him.
And I believe the securities did not amount at that time to anything like his indebtedness
in your estimate of Tls. 3,250 ?—Yes; to some"} fair idea of what Aan you can get a pretty \ exceed Tis, to ooo, what I meant was that it sum 45,000 Taels was put into your hands
So that some amount for your work in con- 'nection with the claim on Sassoons is"included extent. It was the same kind of work and the total amount appears to have been about Tls 380.
And that is all for your work in connection with the claim on Sassoons included in the bill
Yes, but I really did not put it all down, nor nearly all the items for attendances on Mr. Benjamin in the bill.
w
apinions are. • You said you told him that you would not leg would not exceed that in case I put in merely an him starve. What was the first time that a ordinary detailed bill, of costs. Then another conversation of that sort took place I cannot point is that I said all the Banks were creditors of Benjamin, is a fact I do not, think the really tell, I have nor the least idea. I think that from the time he got into trouble, I used to Comptoir d'Escompte was a creditor, nor do 1 help him before I got this money, but I think, it know whether the bartered Mercantile Bank is very probable that the first time he said that was. What I meant was that to most of them Benjamin owed money. 1 and also that my to me was in September, 185.
account is not so inaccurate as I thought,
Was that conversation renewed in October, You say that Benjamin begged these subse quent sums from you as chailty. Have you any 857-No-1 cannot say whether it was or was letters from him in which he puts it in that way? not. He used often to my to me" Wainwright, -I do not think I have. If I have I have not been you are the same as my father or my elder brother able to find them. He used generally to make and you will not let me starve, and you will give personal applications, and if he afterwards sent me a lide money for expenses, supposing I want anote it was after he had spoken about it. I do" I used to say "Yes, Benjamin, so long as I not know if I have any such letters, though have it shall take care that you will not want." there is one letter which I was very anxious to Such a conversation may have taken place find, bat.I could not
before October, but more likely in Noven ber or December, after he had had all the money that there was out of it for him."
Was there anything said about it on the 19th October, 8-To the best of my recollec- I am positive there not. I am sure there was no such popycation on the ryth
Mr. Wilkinson-This is the letter dated 9th October? Yes, where he asks me for Ti6, 400.
His lordship-You have not any letters, do you say?--I did not put it that way, my lord;
what
I meant to convey was that could ret, find any. I do not think that Mr. Benjamin used the word "charity, ke generally asked me for the loan before, bat he did not use the word "charity.":..
Mr. Wilkinson--I will read the letter -
-Shanghai, wist Oct, 1985:
Privats
My Dear WainEWRIGHT,
his firat witness.
A. R. M. Campbell, who was examined by
Wainewright as follows
You are the Acting Manager of the Agra Babk, I believe?--Yes.
יי
Did he want you to supply him with any money for speculations? He used to ask me to make him lonus from the bank for speculation, on shares and so on.
Yes.
No,
(FROM OUR CORRESPONDENT.)*
Sroul, 21st May, 1888. When, on Monday last, it got wind here that Her P, G, von Müllendorff had suddenly made
his
of visiting Seoul, it was amusing to watch the appearance in Chemulpo with the intention excitement which acizd en most of the foreign community here, Keesoor (a sort of house. soldiers, who are, provided to those who want them by the officials) with chit-books and chits containing the startling news were rushing in all
So that his indebtedness was over and above the amount secured. He was largely indebted
to follow up any money that was coming to directions, and the topic of the day was and is to the bank and, you would have a legal right him 7- I suppose so, but perhaps you had better still P. G. von Müllendorff-is he likely to stay? ask Mc. Wainewright (Laughter),
then what will he say to this, that, and
Mr. Wainewright. then went on to explain that in the north of January he paid Mrs. Benjamin two sums of Tarls 200 each, one on the 7th and the other at the ent of the month, Mr. Wilkinson said that there was a payment of Tuels to and a cheque of Tis. go, which perlaps had something to do with one of these
And you have been in the Bank either as ac- payments of Tasis 200, and after he and Mr. Wainewright had compared notes, Mr. Waine-countant, manager or acting manager for a num. wright admitted that there might be soraething bor of years. How many-Since February in what Mr. Wilkinson shid, and he would 879.
Did Mr. Benjamin ever talk to you about the again fock up the matter, but there is no doubt that he did pay Tacs 400 within the same settlement?-Yes, we had different talks about it.
And did he ever tell you the terms of the Re-examined by Mir, Wainewright-You hay and if he docs will it be in his old capacity month,
MrWalnewright continuing said→→There seulement exactly No, I do not think he stated he applied to the Bank for loan for everal other things invented since he was here: His fordship-Had it taken place before that are two matters, my Lord, which throw did tell me the terms of the settlement exactly, speculative' purposes-He applied for money Inst? Those and the like are the burning Did you see him often, after that date -Yes, to give margins and so forth, and I would not questions of the day; questions, which so far.
lend him the money
have all remained unanswered, as the cause His lordship-For loans of large numa ?—No, thereof is living quietly and very retired in a very often more or less daily.
Did he ever say anything to you
not very larg@rich! -make think that I owed him any money or
calling nor receiving that I had any money in my hands belonging to
you
Mr. Wainewright-What do you suppose was
frequently suggested to him that probably Mr. for him, and on every occasion Wainewright had got something out of the affair tively denied it
October.
-I am positive, was not before. It was the
often soil of thing he said 'very
Cross-examined-You are positive it did not
calculated to
'friend's house, ne sa
take place on the 19th October or before 7-Nó, amine me on them. One is that I didlm 7-No, but exactly the contrary. In fact, the largest sum that he asked you to lend him sitors pramoden
before
some light on my relation with Benjamin, and they escaped my memory-in-giving my evidence in chief I will now mention them and of course Mr. Wilkinson, can cross I am almost quite positive it did not,
on several occasions assist Mr. Benjamin Would you be surprised to learn that Mr. September 1985 at my own risk. I became to ale to Benjamin was under the impression from the responsible for him in August 1884 for Tacks I have lots of bills unpaid and f'am bothered with th00 10
I have 19th October till the day of his death that you 4,853 to the Agra Bank, on 159. a la mood at press of about 124. 100. If you have no cash is hard try and get for me from a owed him money should be very much, shares, The loan was made in my name and 1
|||aurprised indeed. . If I had heard it I should not alghed the promissory note. I had no interest His lordship Was the bank,a creditor of his. hundred Taels was about his general thing.
the shares and got no recompense: in
For the last four months I have not saked you for some mossy. although I was very hard-up. I have borrowed some fryra a
trlend of yours and I wili fool greatly obliged to you...
have believed it,
:
Indo-China
be
And
The new French Consul for Cores, M. Collin
de Plancy, is hourly expected in Chemulpo where The most likely will arrive in a French man-of-war.
Would you be surprised to hear that he was did. I also from time to time gave guarantees recover anything more from Mr. Benjamin at
that time. That-was-immediately after your return were to supply him with whatever he wanted which Benjamin went, into. Here is one in him advances; every now and then Yen, ask, the. witness, what, usc 400 taels would have lovely hostess had assembled the bloom of Seaul
October.
Yes, about 10 days. Ma
Pendre a ever more then three or four bundred Taels,
| what was the smallest som he asked you. With the exception of the honitby Mällendorff ost posfor 7-1 think generally it was Tis. 100, excitement, everything is quiet here In the What used to be the general thing - One lovely spring weather picnics and other social
open air gatherings are of daily occurrence; chief. And on soine of these occasions did you refer amongst which of Into was a picnic to the him to me 7-Yer, de ore
Nam-had graced by the presence of several fair, Mr. Wilkinson-Perhaps your lordship will equestriguner, and a tea party at at which tho been to Mr. Benjamin for speculative purposes,
C. Daily News. My p |that it was 450 tarle large enough for a margin yachtlona. In Corea thicken, und every day the slination becomes more explosive. on many transactions/
The Queen is the real power in the kingdom; she is, of courie, to be approached by ladies o
only land fara foreign ladies, one Russan and the other American, bave much intence over her. The objective of their ence is to make Corea break away from the nese suzerainty, and to replace it by independen How long the indep pendence fast and underl t conditioan.
scussed
Withesi It depends of course on the trans actions," It would be. to per cent, margin in a speculation of 4,000 facis,
The further hearing of the case was adjourned until to am to-morrow,
at the time ?--Yes, but we did not expect to for what I Yours sincerely,
B. D. Bagam Witness--Ierceived this letter about the sand under the impression, and stated it, that you to Messrs. Bisset & Co. for other transactions
he ask you to make. Mr. Wainewright-Did he out of the Tis: 45,000, to keep it from his credis, writing, which was between him and them at yan
frequently both on behalf of the bank and from ghal, 18th January, 1885. -
me personally as a friend.” And you have not been able to find any other Lors --He never stated that when be was sane, NAMES Shanghai, 19
I am certain
Manara, J. P. Rinset & Co., Shanghai, fetter in which he begs for money?--I have not. In stating your reasons for not replying to my: Dar Siz hereby guarantes Mr. Penjamin to you to the And what used you say to him?-I always looked for any such letter particularly, I got
letter forwarding.
ent of a tabla only as regards the ang buodred shares Calma refused to make him any leans on behalf of His lordship put the question as desired. the enclosure from: Mr. Ben-
the bank, but I sometimes made him loans of notice ates o'clock asking me teproduce all
Jamin, you said that you purposely avoided Fires you bought on his account at Tus.") each. Yours faithfully
smallisums myself ser
spencat letters, but as I had other things to do I did not
every reference to the Tis, ag coo, and you gave.
Did you ever refer him to me)When he consider. It a reasonable request to ask me to it as yoke reason for doing so that those abou That letter was returned to me cancelled. I came in and I was not inclined to lead him any bring all letters by 10 o'clock this morning. But him were capable of concocting any document
You had better go to our I am sure that I have very few letters, if any. to set the other maide 1---Yes, and I do so now.
is not a great liability, but there it is. The money I used to say He had not spoken to you
other matter is that Mr. had some friend, Wainewright" and he would reply May Tak who are the people I thought Jeweliony which was in the hands of the that he had been to you so often, and you hid
rakes
The offer they got in London was a poor: ask you for any more med de arg capable of doing it, as you ask me the question: Chortered Bank, and they sept it to London for asiated him so much, that he was ashamed to Mr. Wilkinson-Oh yes. I wanted to ask one and Mr. Benjamin begged nie to ty and there anything else you can reccollect in con- the questions
help him to get the jewellery back in order that nection with that subject In connection, with he might sell it and make a profit Iniranged his asking me for loans and my telling him to go. with the Bank that should viva (them, Tl to you can baly, any that wher spoke with him 1,600 for the jewellery, payable by four equal beau monthly instalments = 1 fg Bank sent for Jeweller
that letter?-Not as far as I know only about
You have not mentioned it before? I WAS
not in hir handwriting. It was a got up thing
How did you know--I saw at once it was got up for him and I went and interviewed, him co the spot. It was got up, I think, by Mi. Samuel who was always about his place,
You say you have looked for the latters No may have not looked especially for other
a
Wilues And thought there were other people too
Mr. inson-will tell you, soms of the people who are houtat his death. Do you Aking Mir Samud J. Morild yapable
BRITISH NORTH BORNEO.
We understand t from the Court of discoveries
able
kindito him
of Singapore,
and he told mero!
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