Page
February 3, 1897)
and
pick out some other examples
zord find Isfind the nos in all the A. I series. any other characteristic of Mrs. andwriting in No. 98? The s in stay Then there are special d and s used bad cold still and the s in diary of October 19th. looked at the diary and the letters, do d's occur so freequently as to be a marked characteristic of Mrs. Carew's ?—Yes.
And you found them throughout the A.L. let
what other letters In exhibit P.-the s
Any other The word "silly" in the letter addressed to Mr. Lowder, "I never knew you,'
His Lordship suggested that the process of examination was very slow, would it not be better to leave these things to the jury to find out, now that the general characteristics had been pointed out.
Mr. Wilkinson-I much regret the delay. It is no pleasure to me to continue this examina- tion, I can assure you. But I shall not consider that I have done my duty unless I proceed in this WAY
His Lordsbip-I did not say delay, but we are proceeding very slowly, and where shall we end P
Photographs of some of the letters were here handed to the jury, and the examination pro- ceeded, letter by letter the d's, etc., as in the letter to Mr. Lowder; the Greek e's being pointed out. Of course, witness said, there were exceptions in the writing of some of the letters. There were only two commas in the letter to Mr. Lowder, and all the rest are full stops.
The letter to Mr. Hall, how does that begin? -“I have just written."
Will you point out the characteristics ?-The in have," the s of "so," the Greek e of " earth,” h of “have"; the d of “ bamboozled." There are full stops. only in this letter. In accused's general letters and in the diary there are the same mistake of punctuation as in this A. L. letter a full stop where one would not expect to find one. After Sun of Sunday there is a full stop instead of a hyphen. Then there are full points after the figures but here they are quite logical. I took a special note of the ds being turn down because they were not apparent in any other handwriting shown -me. ... I consider it a characteristic of which the writer may probably be unconscious. I have only selected those characteristics which I con- sider the writer unconscious of There are characteristics in handwritings of which the writers are perfectly aware. These special characteristics I have spoken of are those of which the writer is unconscious. Their very marked features lead me to this opinion. There is the marked f in these letters, and the f of Miss Jacob I think the writer of them must be aware of it. I rather looked for small peculi- arities than big. The unconscious peculiarities of feigned handwriting are most likely to be reproduced. Most decidedly do I think that the punctuation is unconscious. Mrs. Carew's diary is characterised by having noth- ing but stops, and this is a marked characteris- tic of the whole series of A.L. letters. The "
31 8 I have pointed out in shopping is very marked: 1 did not find it very marked in any other writing submitted to me.
Before the Court rose the jury were given photograph of each of the letters so far gone through,
The Court adjourned at 10 minutes to five 'clock until ten next morning.
len
The trial was resumed on Tuesday, the 19th. The Crown Prosecutor applied that the vidence of Mary Esther Jacob taken at the mary examination might be read, on the
the witness was too ill to attend.
an American citizen and a of the Methodist Episcopal give evidence as to Miss HO aid she was suffering headache and a pulse of 110. to attend that day nob be able to
Char
|
CHINA OVERLAND TRADE REPORT.
The ask you.
geThen perhaps I had bet
Mr. Lowder-It is for that reason that I am not speaking at all, but leave the matter to the Court. It is for this reason that I shall not insist upon any right that I may have.
Miss J
Would you recognise Mr.
No. 43? To the letter
Mr Wilkinson-This For the sake of
The Judge According to the practice fol. lowed at home, if the illness is temporary the judge may postpone the trial. I do not pro-You mentioned the 10th- pose to do that. in this case; but we may go on about that date P Yes, quite and the evidence might be given or the de- Did you see were you shown positions read later on.
letter Yes.
Mr. Wilkinson-That would meet my wishes. Mr. Wilkinson then proposed to call Mrs. Tocque.
A long argument ensued, in continuation of the argument of the previous day, as to the right of the prosecution to put în evidence of which the accused had not had sufficient notice.
His Lordship in giving his decision said-It almost looks as if the judge is bound to admit -he cannot shut out-aný evidenca. I shut some out yesterday on the ground that they had had the evidence long enough and had not given notice. Where they hadn't it I don't think I should. What I have to look to is not the in- terests of either party, but to have the question fairly tried out. If the evidence comes late to the knowledge of the defence by no fault of the prosecution it must go in. The authority says that the correct practice is the one that should be followed, but the mere fact that it has not been followed does not exlcude the evidence. I say I regret that the matter was not discussed more fully yesterday before I decided. I shall allow Mrs. Tooque to be called.
Mrs Tocque was then called and proved the signature of the accused in witness's chit book in acknowledgment of inquiries during Mr. Carew's illness,
Two shopmen from Maruya's were then called and further examined as to the entries in the books.
Mr. Mason was then recalled and further examined and cross-examined.
Yamada Masakichi, another shopman from Maruya's, was recalled.
The court, then adjourned until the next day. The trial was continued on the 20th January, this being the twelfth day of the trial.
Medical evidence was given by Dr, Worden and by Dr. Orme, of the P. & O. steamer Formosa, as to the inability of Miss Jacob to attend.
Mr. Wilkinson addressed the Court at con- siderable length with regard to the letter from Sir Ernest Satow which was tendered in evi- dence, and his Lordship's ruling with regard to it. It was very unusual to ask a judge to re- consider a ruling, but he had only to urge that he should have argued the case before his Lord- ship in the first instance if he had not laboured under a misapprehension.
After hearing arguments of counsel his Lordship said he would not decide the matter until Mr. Lowder had had an opportunity of looking at authorities on the point. He should be glad to consider it himself.
Mrs. Prisoilla Ellis was then called and sworn.
Mr, Wilkinson-You are an American citizen, I believe P-No, a British subject. I am the wife of Harcourt Whimple Ellis. I know Miss Jacob, I reside at No. 2, Bluff. Miss Jacob lives there too.
When did you make her acquaintance ?-On the 25th October, the day she went to Miss Brittan's.
Do you remember Mr. Porch coming to see Miss Jacob ?—Yes.
Will you tell us the cirgamstances?-On the 10th of November I was sitting on the verandah with Miss Jacob and Mr. Martenolish, when a gentleman came up whom Miss Jacob addressed as Mr. Porch. :
Then what did he do P-He handed a note to Miss Jacob, saying, “A note from Mrs. Carew." What then took place PShe went inside the hall, opened the note, and read it; then she and Mr. Porch went into the sitting-room and had a conversation together, an
hibit
Were you there when it was received Can you recollect anything about the the letter ? It was the day before iss Jacob gave her evidence at the preliminary amination.
I now show yon exhibit 44, can you recognise it do you think? Yes, to the best of my belief, that is the letter f
Mr. Wilkinson- It reads "Dear Mary went round to see you this morning early. suppose it was Miss Brittan I saw, who said you would not see me. I am very sorry you wouldn However, I suppose you know your ow! best. I have a fair idea of what you asked and what you will reply in Court and I want to tell you that it depends upon you to-day as to the result in everythi You yourself minst see that, and I hope y remember and bear this in mind for the Major and Ben, if for none else, H.C."
ours
His Lordship That was on Mr. Wilkinson-It was Friday, November 18th, 1896. (To Witness) I believe that Miss Jacob for some time slept with you PYes.
Where was her room? My room was directly below hers; hers was above.
Who occupied her room while she was sleep- ing with you P-Nobody. {
Now will you state what you know of an aident what you yourself heard of a visit her room?
Mr. Lowder-I must object.
His Lordship I must hear what the incident was first.
Mr. Wilkinson-I only want her to tell us what she heard. I cannot give a date or refer to the incident more particularly. What did you hear ?
Witness-On the night previous to her giving her evidence-
His Lordship That would be the 12th. What did you see or hear ?
Witness-Miss Jacob retired about 8 o'clock as she was tired. About 10 o'clock Miss Jacob sprang up and said—
Mr. Wilkinson--You must not give us any. thing about conversation, but only what you heard 2-I heard some one pass quickly up the stairs on to Miss Jacob's room.
Have you ascertained who it was that went to that room ?-I have not.
who had a right or would in the ordinary way So far as you know, was there any person go to her room ?-No, there was no one,
Mr. Wilkinson-That is all
Mr. Lowder-I have no question to ask.
Miss Harriet Gertrude Brittan was then sworn. She said she was an American citizen, and lived at No. 2, Bluff. Miss Jacob had been residing at her house. Mrs. Carew came to see Miss Jacob on
on the morning of the day th Miss Jacob gave her evidence at the liminary investigation. Witness would allow her to see her. Afterwards arrived for Miss Jacob, exhibit
The jury were then given printed the evidence given by Mrs. Carew magisterial examination of Miss Jac Mr. Troup read the evidence from the record, and his Lordship read all the lett reference to it is as they occurred:
Mr. Wilkinson called that Mr. Litchfield might While this was being done Mi Wilkinson's reque read the follow from Mrs. Car
· October 10th
it pourin
Did you see them at any time during this con the versation ? Yes, I passed into the hall and saw by the Mr Porch sitting in a chair facing the door,
h his head was in his hands.
witness
Thall not ack
for the conversation.Did after Timm, who called
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