Page
November 5-1898,
CHINA OVERLAND TRADE REPORT!
well aware, | exchange, a receipt for money, or anything re- to very presenting value on the face of it. In the neigh second place an intent to defraud must be shown. eavy penal- It is quite sufficient to justify a conviction that vernment of to there was a fraudulent intent, that the ordinary on any person - attempting and natural result of the making of the document ** those countries-penal was to enable a frand to be committed.. There have mbly: forfeiture of the practically been three frauds here, and one is the smuggled opium is quite sufficient. First, there is a deliberate information which leads to the 'attempt to defraud the owners of the steamer #ggling very large rewards, | by getting them fined in Haiphong for having ty to fully one half of the smuggled opium on board, a fine in which the iven by these Governments defendant himself would share. Secondly, there Hongkong to any person was the attempt to get Mr. Raymond fined, and stion, and a regular trade in the proceeds of that fine the defendant would nature of giving informa- share, he constituting himself the informer in the habit of deliberately in the case; and, lastly, and perhaps the most on board steamers without the important and unmistakeable in point of law, anyone in the ship and then he intended to defraud the owners of the steamer tion which leads to its immediate of the freight on that opium, Although all the discovery on the arrival of the steamers trading on the coast are in the habit its port of destination. Very heavy of carrying sinall parcels of an ordinary domes- inflicted and the informer gets his tic character from port to port at a very small In this particular case the defendant or perhaps no charge at all, every parcel of that form of procedure. He put opium opium must, for the safety of the captain and the Hanoi, together with a letter officers, be put on the manifest and freight paid. 1 to Mr. Raymond, the chief officer The defendant deliberately represented that this steamer. The defendant addressed parcel contained simply photographic plates and to a person in Haiphong and got it carried to Haiphong for nothing, while the steamer left Hongkong he if he had sent it on board as prepared opium it lked up to the French Consul and gave would have been put on the manifest and formation to the effect that this opium was freight charged. So the direct and immediate board in Mr. Raymond's cabin. On arrival and necessary result of the falsehood contained Haiphong the vessel was followed by a in that letter written by the defendant was to nment - launch. She was boarded by defraud the owners of that steamer, the
and this parcel, which contained two Hanoi, of the freight on the parcel. opfum, was seized in Mr. Raymond's Mr. Raymond was put into prison, addition to being fined $600, and it with the greatest difficulty that the herself escaped heavy penalties. It an offence of course, 80 far a.
the
+
trading to Cochin-China and Tonkin erned, to independently put opium on
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steamers; but it is an offence as Canton and Macão boats. Unfor- himself, but fortunately for the justice, the defendant not only itting the opium in the custody of but he forged a letter in the W. Farmer, one of the pro- manager of the Victoria Hotel, him to take a small parcel oon- hotographs and photographic plates, livered to a certain hotel proprietor phong. That latter and the box were board the steamer Hanoi by a whom we have not get been but we hope to do so shortly. The of were seen by both the captain ief officer, and also by one of the who happened to be in Mr. nd's cabin, and the parcel was put be carried down to Haiphong. I shall difficulty in proving to your Worship letter signed "W. Farmer" is in writing of the defendant, who made
•
to disguise his writing. It will and unmistakeably sworn to by C. T. Robinson, electrical engineer in the of the Electric Company, where the adant was also employed, by Mr. W. Wood, if necessary, by Mr. Harton, one of ectors of the Company. I shall also to prove by the evidence of three
persons from
the electric works defendant got a wooden box made sise as the one seized, that he man in the works to out out the man to solder it up. the moment possession of this ning up from "Haiphong. I ence of Burnett, an inspector when the news arrived in Raymond had been
two or
Raymon
1
Counsel then drew his Worship's attention to page 285 of Stephens's Digest of the Criminal Law, article 385, Roscoe's Criminal Evidence, 10th edition, page 541; also King. Ward, page 565; a case in the notes to Stephens which the nature of this case; and R. v. Bourdman, practically disposed of any possible" doubt as to
reported in Mody and Robinson's reports, vol. 2 147.
page
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Counsel, proceeding, said the letter was written on paper bearing the Victoria Hotel heading, which any one of the regular customers could obtain, and the letter was as follows:- "My dear Raymond.-May I ask you as a favour to take a small parcel per bearer to Hai phong for Mr. Jules Peyne, proprietor of the Grand Hotel du Commeros. I have written to him to send off for it, so you will have no dif. ficulty in taking it ashore. It only contains two dosen photographic plates and a dozen photographic papers. Thanking you in anti- oipation, I am, yours fraternally! W. Farmer." This letter induced Mr. Raymond to believe that the parcel was a perfectly harmless one. He was about to proceed against Mr. Farmer for dam. ages for surreptitiously putting opium on board, and it was only when Mr. Farmer was called upon to make good the loss which Mr. Raymond had suffered that it was found that Mr. Farmer had nothing to do with the matter.
1
Evidence was then called.
Mr. A. M. Raymond gave evidence of the receipt of the parcel, and said-On arriving at Haiphong a Customs launch came alongside and the master told the captain there was opium on board. The officers searched my cabin and I assisted them in turning out the drawers. When I opened the drawer containing the parcel the chief man said "That's just what we want. I want you to come ashore at eight o'clock to-morrow morning." He put the parcel under his arm. I called the carpenter and said ** Bring a hammer and a cold chisel to me.” “I then took the box, opened it, and found it contained three tins of opium. The result was that I was sent to gaol for fifteen days and was fined $400. I paid the fine and came ested out of prison in five days. I also had days to pay $110 for Court expenses, 833 for appeal- ining, and $280, lawyers' expenses. If I had known be the parcel contained opium I should have sent it ashore again to the sender or else put it on the manifest on board. Defendant, Mr. Farmer, and I are freemasons and I took the “Yours fraternally “as a masonic greeting.
ally the facts of the I first point
of
Cross-examined by Mr. Robinson---I live a Shelley Street Captain Mackenzie, 2012
messer ith me. I have never
Past
the steamer: Hongkong Are have been three years.
the
Mr. Robinso about a kept by by the def Haiphon strumenta the child
Mr. W. Farmer
letter was not his and he had anyone to write the latte
By Mr. Robinson----The the least resemble witne Mr. C. T. Robinson writing as that of the Cross-examined N
fid he recognised the
by defendant to disguise his had been some ill-feeling defendant, but it was not on
At this point the case 2.15 p.m. on the 10th inst. Mr. his Wordship to considerabl amount of bail fixed on the last oog His Worship Bail increased Mr. Robinson-I submit there is no His Worship-I think there is a great deal of reason.
Mr. Robinson--I would point tout defendant's salary is only $150 a month.It seems rather an excessive bail, NEDE His Worship No defence has been disclosed so far.
a zunu tekse sandhibhí. Mr. Robinson-No defence' has been at. tempted.
His Worship No, not in the tion. Bail $2,000. I
s-examin”.
Ladd
MYSTERIOUS ROBBERY FROM A SAFE
At the Police Court on Tuesday, before - a coolie in the employ of the British Commander W. O. H. Hastings, * bar
Marine Officers' Association wore stealing $49 from the safe in the Association.
The Secretary to the / were two sums of money kept in in the safe, one sum belonging to tion and the other a subscription: Association money amounted the subscription" fund to bed on the first floor of the buile o'clock on Sunday night and the key of the safe was in trousers pocket. He hung his reom. At five o'clock in the m
boy woke him and he went i safe was open, the cash box and the Association money The subscription fund, which a slip of paper, had not been found the key of the safe on tor chief in the left hand pocket of his The bar boy slept in the passage almost of the office door and the coolie slept near to him. Witness slept with his door open one else slept on the first floor. Witness c in Inspector Mann, who arrested the pris but nothing was found on them. The must have been committed by someone who the peculiarities of the safe, and the bar þo safe could be unlocked the handle pecially knew those peculiarities. Before the turned and the door opened easil out any noise, but in closing the had to be slammed and the be turned before the safe could
bery
for a remand in order
line
His Worship, said those peculia common with most safes.
Inspector Mann that he night make
His Worship said the prisoners if they & remand, unti
On Wedn tendered, the priso
There
proper
refinnocent
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