1909-10-15 — Page 15

Opium Smuggling.

A DEFENDANT'S COMPLETE

COLLAPSE.

ALLEGED PORMATION OF HONGKONG

BYNDICATE."

and declined to answer. asked:

THE HONGKONG telegraph FRIDAY OCTOBER 15

Judge Waits than

"Did you at that conversation, bear anything that would directly or indirectly or by implica" tion to connection with other facts, connect the defendant Kennedy with the actual introduc tion of the opium?" to which the witness answered!

"Yes; he had an interest in the transaction to the extent of P8,000 but nothing that was said led me to believe that Kennedy conducted the transaction."

The hearing in the Grant-Kennedy smug- gling case was continued in the Court of. First Instance this morning, and owing to the un- expected length of time that it will occupy, a special session of the court will be held this afternoon, beginning at 3.30 o'clock, says theth

Manila Times of the 9th ist.

.!

"Did you hear anything that would lead you to believe that he was actually connected with importation of the oplum? Objected to by the prosecution at an argument. Over

inled.

نوار

"I don't understand," the witness answered, Outside of the money intereîl and the preparation of the shipment at Hongkong did you hear anything that would" connect Ken- nedy with the actual introduction of the opium ?".

"No."

At one o'clock id-day, when the court ad- journed, the defendant Kennedy was on the. witness stand, and defence is preparing for sen sation, the signs of which a e already evident. it will attempt to prove that, the opium smug. gling into Manila last July, which forms the basis❘ of the present action, is only a part of the most gigantic smuggling operat ons that have ever been carried on. Expert testimony this morning

Hearford Beaurnort, special deputy-collector was to the effect that the seizure of this opium of customs, testified to have made a trip to Heng. Rod, cocaine was vastly underestimated in imkang on July 30 to investigate the opium perlance, and that the contraband which the seizure. He stated that he was present at two authorities 'captured was not valued at a mere examinations of William Barker, who actually P20,000 but was worth cassiderably ever shipped the machinery in which the opium was Pro0,000 and was but a part of the moir in. found, böt he did not mention what these inves genious fraud that has ever been perpetrated, (igations disclosed. that would literally have flooded the inloods with opium and cocaine had this seizure not bean made.

1

The defence here entered. objection to all lovnices introduced yesterday by the prosecu tion, also to the correspondence between Barker and Company and Grant as having do tendency whatever to establish the connection of Keni Dedy with the illegal importation, and as not corroborating the lost many of the witness Cooley. Overruled, subject to further study

show that the scheme was much larger than wasS at first baliaved ; and that the man Melstyre was an agent of the pool formed at Hongkongi and went to England to purchase cocaine, which can be obtained cheaper and more That safely in London than in Hongkong, hli expenses were paid by the luterested parties, is the claim of the defence.

Da the witcess stadd this morning W. N. Bish, of the internal revenne burean, testified | to the value of the opium. Contrary to ex pectations, be said that it was worth much more than, the complaint allegas, the amount stated therein referring only to the legitimate price of the oplum that is imported by phaxs macists. According to his estimate the epium

alone, that was contained in the shipment, was worth between P44 003 and P80,000, to say nothing of the cocaine, which would probably bring about P50,000 more. The Coast was of the opinion that its stated value should repre- sant what it can be is usually sold for at the timb, which would bring it to a valus of over Pro0,000.

Itth October.

Louis T. Graat, one of the defendants in the famous Grant-Kennedy smuggling cars which has been before the court since last Friday. morning, unable to stand op ander terrible mental strain and the ordeal of the trial bar suffered a mental and physical collapse, and now lies at his apartments at the Nevada Hotel in a critical condition,

Upon the advice of his physician, Dr. M. Hermann, he was not allowed to take the wit- ness land this morning and the case bas gone over until such time as his moptal and physical condition may be so far improved as to admit

of the taking of his testimony,

The defence is endeavouring to show that Kennedy seted only as an agent, and was to receive only a small portion of the large ship. ment, and that the big fraud bad ite-financial backing in Hongkong. The man Mcintyre, who figured as a "dark borse" yesterday, sp. The opiam and cocaine identified by the Bu-he court adjourned. Throughout ibo day

pears to bave been the purchasing agent for part of the contraband drug, and that there' operations were carried on such a large scale that the men behind it could afford to send him on a special trip to England to buy cocaine in large quantities.

The first witness called this morning was James P. Lawler, who was cross-examined relative to his testimony given yesterday,

Twa massengers from the cable company Lentified that William Kennedy was the recipi- ent of several cables addressed to Kaimi, his telegraphic address.

Joseph B. Cooley, of the information division of the Philippines Constabulary, was then called to the stand and was subjected to sharp and lively cross-examination. Cooley is accustom- ed to the witness stand, howeyor, and replied spiritedly to several choice morials of sarcasm by Judge Waite, for the defence.

Cooley testified to baving overheard a con versation between Grant and Kennedy at the Nevada Hotel on the night of August. 7. He was secreted behind a screen and heard every thing that was said. He saw plainly the de fondant Kennedy when he entered and when he left, and was sure of his identity. Grant asked Kennedy for news with reference to the oplum case, in connection with which he had bean arrested. Kennedy said "Everything is all right. I have cabled to the people in Hoog. kong who worked the deni, and they bave gotten out." He was botafraid that the authorities would get the other people in Hongkong; they had gone to Mauchuris.. Wishing to find out the Dames of others implicated in the deal he osted Mr. Grant to instruct her husband to ask some loading questions, "lostead, Mrs. Grant enter ed the room and asked Kennedy who worked tha deal in Hongkong. Kennedy said bis -brother-and-another man did, naming_beth, His brother was not pamed Kennedy; he had A Chinese name.

· Grant asked Kennedy what financial interest he had to the shipment; then Kennedy raid be stood to lose Progno, and that'P1,0′′o was put up to Bongkong. Grand said: "What do you want me to do?" and Kennedy answored;

· Make a strong fight; 'I have lost a good deal already, but will pay all your lawyer fees and whatever flees the court may impose, so long as you do not implicate me in the deal,”-

Judge Waits; "In other words, he advised Grant to stand pat? "--

The witness answered: "Yei;to stand par" The witness then stated that he asked Mes. Grant to reff her husband to some leading questions to Kennedy in order that he might get the names of other implicated in the illegal tracs action. Mrs Grant herself then entered the room and questioned Kennedy. The latter stated that bis brother, in Hongkong, who was connected with the opium shipment,' went by bic Chinese Dame and not by that of Keptedy, He did not make a memorandum of the name. She asked him who was the other man, and he gave a same. He did not make a memorandum of this name either. Then she asked: "Yop say you want to keep yoursell out of it; what if Mr. Grant goes to Bilibid To which Ken- nedy moswered: There is no danger, Good lawpers bave told me that all he can get is a Aon, which I will pay if he does not implicate

me,"

Upon cross-examination Cooley, was scored

|

resu,of Science and by custom house agents, was also objected to on the same grounds, Overruled, with the same proviso...

Grant was recalled to the witness stand for re cross-examination, but no now evid Gece was offered. The defence endeavoured to show by him that there was an ander standing between him and the presecut ing attorney that he would be furnished immunity from imprisonment in return for bis plea of guilty and his testimony against Ken. vedy, Overruled. The objection was then renewed as to the incompetency of one co- defendant against another, and a lengthy ar- gument ensued Overruled, subject to further study and decision later.

The defence demanded a final decision by

the court on the question of the admissibility of Grant's testimony, stating that the Court's -decision would materially affect the line of de

fence to ba followed, latimating that if Grant's testimony were stricken eu of the record, the defence would offer on evidence whatever. Overruled.

The afternoon session of the trial Saturday, lasted untill eight o'clock in the evening when

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FIFTH MEETING.

HE GYMKHANA will take ̈place"TO- MORROW AFTERNOON, at 5:30 PM. instead of 4 P.)

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(718

Cooley: "You are a liari”. O'Brien (to the Court): "I demand protection from this tourt against the use of any such

abusiva and lasulting Janguaga.”

Southworth; "There you are; you got your- self into it."

O'Brien " And that in mot trua.

Mr. Southworth rozs, indignant and flushed with the heat of battle; Conley looked daggers at his opponent!" and the court, endeavoured to pour oil on the ruffled waters. Mr. South-- worth repeated the conversation between Mr Cooley and Mr. O'Brien, and the Court said :

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All Claims against the Steamer must be pre sented to the Undersigned on or before the 19th inst, or they will not be recognized.

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No Fire Insurance has been elected... Bills of Lading will be countersigned by.

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[717 Rangkong, içib October, rooo.

"It is a private matter, gentlemen, datween the attorney for the defence and a witness who is not an officer of the court, and I cannot in terfere, except to prevent a breach of the peace! It should be settled outside of the court-room"."" Southworth (to O'Brien); “I am ready to

you are ready." settle it outside whenever

Cooley took a hitch in bis trousers; Cokn out window: Walte smiled and looked resumed bis seat and looked at the Coun and the Court said: "Proceed with the wit- THE Company's Steamship nass," and the reporter came out from behind the slenographes,, where he had taken refuge, The trial proceeded.

Mr. Southworth them stated that the defend. ant Grant was seriously ill and could not ap pear at the trial, and siocą be desired to again place him on the witness-stand in rebuttal of some evidence of the defence, he asked for a continuancé Judge Waitgalso stated that he desired to present his argument orally, and that a short respite would be appreciated.

Mr. Cohn, representing the defendant Grant stefed that he had seen his client this morning and that be was in no condition to give evi- dence.

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Grant had maintained an unnatural calmness of manner and the montal suffering which he endured was plainly shown by his face which had undergone a remarkable change in the last few days, and all day he appeared huggard and worn-out, Leaving the court-room Faturday night, he walked unsteadily home supporting blmself on the walls of the buildings from the court house to the Nevada Hotel, Arriving there he collapsed completely and Dr. Herman was called. This morning ble lawyer Charles C. Cohn, visited his spartments and The court: "Since as tar as the de- found him is a pitiful state. Grant could not || í pďapi. Grant is concerned any matter conversa intelligently, and bis speech was frag that will now be presented on his bobali mentary and disconnected,

will have An important bearing on the question of the penalty to be imposed, I feel that all of the light possible should be thrown, on this case, and that while I should be glad to ROYAL to minate the trial now and bear the argumesi immediately, the defendant's condition will not permit this, and a continuance is therefore THE LARGEST AND BEST CIRCUS COMBINATION TRAVELLING THE EAST,

This morning's session of the trial, the ac- tion being now directed against the defend ant Kennedy, was continued with Kea nedy's book-keeper on the witness stand, By his evidence the defince is endeavouring to prove by copies of letters and cablegrams, the existence of a poot formed as Hongkong for the smuggling of the Jarge shipment of opium and The prosecution rested. Intermission of five cocaine which was captured by custom house minutes for the defence to prepare for the pre-agents on July 27, and which forms the basis

of the present actioo. sentation of its case.

The defence asted for sufficient time to

Later Kenupdy's brother was "put on 'the stand, but no evidence of importance was given by him.

allow the cable company to secure, copies of telegrams sent from Grant at Hongkong to Manila, which was granted The ander This morning the defence produced a num standing was also reached that the attorneys her of cablegrams alleged to have pass. for both sides will meet with the cashier ed between Grant and Barker and Com

The only witness for the defence so far was William Kennedy, one of the defendants, who who took the stand first and was still on at the closing of court."

of the International Back to-morrow mora-pany, of Hongkong, the original shippers of the ing at nine o'clock; to make a transcript contraband. The defence will endeavour to, from the bank's books, which will be offered prove by these the existence of a plat for ship In evidence by the defence. The purpose of ping the opium and cocaine in which Grant was interested, and is in rebuttal of evidence of this is not known.

the defendant Grant to the effact that he was. not implicated in the illegal transaction not after the arrival.of the contraband in Manils. The scablegrams are all-is cipher except where the words "shafts," "fingea," and other terms appear, and are believed by the defence to refer to the machinery in which the contras band was introduced into the port of Manifa. The key to the messages has not. yet bees found, but, they were admitted in evidence with the understanding that they will be trapulated later. The defence believes that the translation of these messages, will fix be yond a reasonable doubt the complicity of Grant in the preparation of the opium ship:

granted natil such time as the defendant Grant may be in a fit condition to testify intelligently.. If later he is able to testify but not able to sp- pear in court, the court will adjourn to his 'rooms, whore wa will take his testimosy,"

The defence has rested its caso, and all evid- encs except that in rebuttal by the defendant Grant is.dow in. As soon as Grant is able to testify the arguments will immediately follow... The cablegrams alleged to have passed hotween Grast and Barker and Company will probably be translated some time to day, and the de- fence relies up to these to furnish important prosis of the cranection of Grant with the illegal importation before the opiam and cocaine ever left Hongkong. The prosecution, on the other hand, endeavours to prove that the defendant Kennedy engineered the whole deal and furnished the capital for the same.

A RECKLESS SEAMAN.

CASE AT THE MARINE COURT,

lo, the Marine Court, this morning, before Commander Basil-Taylor, R N., Marion Magisi trate, Mr. Dixon Hopcroft, Chief Officer of the R.M.S. Empress of Japan, charged Henry George Devis, seaman, with absenting himself from the ship on the 13th inst. It appears that the defendant, who is a night watchman on This morning the prosecuting attorney con-board the Empress of Japan, was found asleep on watch on the 10th and 11th last, He was warned by the mate not to go ashore any more, but he disobeyed the order and went ashore sometime in the afternoon "and did not report for duty till 11a.m. on the 14th, zoother min having to keep his weich.

Kennedy had known Grant for about ten months; bad first met him at Hongkong, being introduced to him by Mr. O'Brien at the Astor House. He saw him later in Manila; it was about the middle of February of this year; be also wow him at various times afterwards and bad an interview with him on June 12; Grant, had come to his office and had then just returned from Hong- kong, he said. Grant wanted him to buy four tuber made in Hongkong, offering to sell them for-Pono. He offered_sa_bring.ip.a.quantity.ment at Hongkong. of ppium in them for an additional Pa,goo They ware made, be said, for the special parsistently fought the introduction of the copies pose of carrying opium. The defence introduc. of letters and cablegrame alleged to have pass ad some letters which the witness identified ed between Kennedy and hle ngant in Hang- bat he had sent to and received from his busi-kong, calling the attention of the court to the ners agent in Hoogkong. They all referred to freshness and cleanliness of them all, and is. oplum shipment. He had written bis corres.timating that the evidence is "minufactured," pendent that he had arranged with Grant to All of these were objected to Saturday as be bring in opium jin the tubes (shafts) and hading a self-serving declaration of the defendant promised to buy 203 pounds for P8,800, or 10,000,, Hexican currency. The letters from him to Hongkong, were press copies, in the bandwriting of his bookkeeper.

1

The prosecution objected that the letters were a self-serving declaration. The objection was overruled.

Tha defence offered other documents pur-

parting to be the terms of an agreement between Grant and Kennedy, whereby the latter was to

Kennedy,

7

Upon direct examination this morning Kounedy's bookkeeper identified the cable grams alleged to have passed between the defendant and his agent at Hongkong, all of which are in numerals, Eo translated several of them with the aid of a code book, one of these when translated reading: * Pipar O. K.

The Harbour Master ordered the forfeiture of eight days' pay and farther sentenced tha defendant to three weeks' imprisonment with hard labour, and to be put on board the Em prest of Chins before sailing.

À “ BOY'S”-DISMISSAL.

CLAIM AGAINST FORMER MASTER,

In the Summary Court, this morning. Kwong Chin, a house boy, soad Mr. F. Rom.

receive only 200 pounds of opium, to be paid Brams from Hongkong, went sisted that they mel for Sjo, being amount of wages das to him'

Mr. Webb, of the international Banking Cor.

'by the defendant

1.

Plaintiff stated that he had been in the

|

Is everything all right? Answer." The wil ness, when asked where the original cable

were returned for the office. record in Honig. for when safely delivered to him at Manile, the kong. Asked if in Hongkong the same method by the defence. Asked if he was a police expsake of transportation, arrangement and of returning the original relograms was follow employ of the defendant for about five mosibe, officer with ́ jurisdiction in Manila be said that | risks to be borce by Grant. Instructions relaed, he stated that it was not, he had jurisdiction' all over the islands, but | tive to this agreement were cabled to Hong-

One night in October last, defendant came that as a matter of courtesy tia division did I kong. He did not put up aby mosey'or'oflerio poration, sinted that Grant had an account with late into the house and next morning com: not interfere with arrests or investigations with put up ary for the purchase of the contra-hals bank; that on May 14 he cashed a draft in plained that he had lost se cents. He was told bhed. Most of his testimony this morning bis favour from Hongkong, the amount, reduced that his services were required. Do longer and consisted in the identification of various to Philippine currency, being. Pro,000, which given five minutes to go out of the house,

The defendant's story was to the effect that letters and documents, and the interpretation was placed to bis credit, said that on June complainant was in his employ from the 18t of cipher cablegrame passing between himself | ax, Grant purchased a draft from the bank for and his business presentative at Yongkong. P2,000, in favour of George Lindsay, of Lon. My last and missed amali sums of money on These all ind cute that Grant and other per don.. This evidence was introduced in rebuttal sons in Hongkong arranged all the details of of the testimony of Grant who stated that be the shipment to the cables, terms not onder had purchased on that day a draft for P5,900. stood yesterday wars translated. "Fee" mount

A lively altercation arose during the proceed

in the city, leaving that to the city detectives. He bad consulted with General Bandholia and

the presscutlag mitorpay before taking a hand in the present case.

"Then you interfered as a matter of personal curiosity, didn't you?" asked Judge Waite.

1 Confess that I was anxious to get at the inside facts of this opium case."

"In fact, you 'butted le, didn't you ?"

In reply to questions by Judge Waite, the Graot; "Bar" meant Barker and Company : Ings between Mr. O'Brien, of the defence, and wilnase stated that the actual bringing la of the | "On" meant his representativa; "Cloth" meant | Detective-Cooley, one of the witnesses for the oplum was not discussed by Graut Rod Renopiam, which for seasons of secrecy, was re- prosecution. This was when Kennedy's brother nedy, mọc did they discome the matter of bring: ferred to in this way. The pool was formed in | took the stand. "Cooley, sitting in the back- ing the consignment from the ship to the shop Hongkong for buying-oplum and shipping it ground, whispered audibly ( of Georga YiTaylor. In reply to questions to Manila. propounded to show the witness' knowledge of what was said or implied that directly connect nd the defendant Kennedy with the actual Importation, the witness said that the ques: મ called for a concluılan,

The defence admit that Kennedy contem- plated an illegal transaction, but that the act was not consummated owing to the son dalivary of the opium to him, and that under the law he in mot guilty, it will endenrose to

"This is the first time he ever admjited that, he was Kannady's brother," THE

Mr. O'Bilen inroed on him and made no indigsust denial Cooley than saldy

It in soy. He never would admit it before O'Brien "What?

several occasions,

money, why did you not report the matter to ** Plaintiff. (To defendant), if you bad lost your the Police?I didn't want to do that.

A co-tenant of the defendant also gave evidence!!

Jodement was givan for the plaisiiff for $15.

CAPTAIN John Andrews Richardson Patch. "who died at his residence at Southsea en Etia alt, was in his early career employed on the Chine Station and assisted at the blockade of Caston Rivar, the capture of Canton, and the operations in the Gulf of Pachill, for which rocaired the Chisa modali

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