es, with
wife of one the
Lordship (to Mr. Wilkinson)-That is ou so desire it. Mr. Wilkuson-I think it would be wise. Mr. Lowder--I think it would be desirable (to the interpreter)-Explain the matter to the
witness
Witness If my mistress has no objection, of course 1 can stop.
Mr. Lowder-Will you tell her, Mr. Inter- preter, that I think it advisable for her to stop
down here.
Witness-I prefer to stop in my own separate room at No. 169.
His Lordship-It is very natural. But she must understand that she is not to speak to Rachel Greer at all.
Witness-I will not speak to anybody. Mr. Lowder-Perhaps Mr. Porch will see that the women are kept apart at No. 160 this
evening.
Mr. Porch-I will endeavour to do so. The Court was then adjourned till 10 o'clock the following morning. It was observed that the witness Asa and Rachel Greer came out of Court together and had a conversation on the piazza in front of the Registry. THURSDAY, 28TH JANUARY.—EIGHTEENTH DAY'S PROCEEDINGS. Owing to the late arrival of Asa, the witness whose cross-examination had only just begun when the Court adjourned the previous evening, the evidence of a jinrikisha puller was interposed. He entered the service of the Carews the day before Mr. Carew's death, and spoke to the finding of a letter on the doorstep at No. 169,
after Mr. Carew's death.
Hanauye Asa next re-entered the witness-box, and was cross-examined by Mr. Wilkinson with reference to her statement that she had seen Miss Jacob in Mr. Carew's room.
Have you had any conversation with any- body about Miss Jacob going into her master's room ?--I have.
Who had you the conversation with ?—I told
Mrs. Hutchison about it one time.
Did Mrs. Hutchison ask you about it ?-She
did.
Let us know when it was you saw Mrs. Hut- chison, what you said to her about it? The time is this month. It was in the dining-room of No. 169.
Were you called into the room by anyone? Yes, I was called in.
Who sent for you ?-Rachel sent for me. When you were called into the room, Mrs.
Hutchison was there ?—Yes.
What did Mrs. Hutchison say Sheques- tioned me as to whether Miss Jacob had ever gone into Mr. Carew's room and asked me what I knew about it.
What did you say about it ?—I said I did. And what did she say then P---She then asked me when it happened.
THE HONGKONG WEEKLY PRESS AND
the fact of which I was only made aware a day or so ago that the only other ovi dence on that point on which I can now depend is the evidence of two Japanese women servants. Before saying another word, I will remind your Lordship of the evidence given by the prisoner at the bar at the preliminary in- vestigation of the charge preferred by me against Mary Jacob, which evidence has been put in by the prosecution. The prisoner herself testified that she had had absolutely no suspicion of the existence of any impropriety between her husband and Mary Jacob. It is therefore obvious that the charge did not ori- ginate with her. That is the point to which, in her interest, I wish to call attention; that the responsibility of the suggestion does not r st with her. I feel that no charge of such a nature can be substantiated by any direct evidence now in my possession, and I have therefore come to the decision that it is my duty at the earliest moment, now, to inform your Lordship that I am not in a position to offer satisfactory direct proof of that charge. I therefore unhesitatingly withdraw all I have said that may have been based upon my ability to addnce such proof.
Hanauye Chiaki, alias Rachel Greer, was next called. At an earlier stage of the day's proceed ings attention had been called to the movements of this witness, who entered the court during the evidence of the previous witness and when she had been told not to come in. Mr. Lowder said that she had a young baby and grew hysterical at times. In her evidence she spoke to receiving from the last witness the pieces of paper mentioned by him and putting them had seen Miss Jacob copying Mrs. Carew's in the children's toy box. She also said she
handwriting, and had also seen Miss Jacob take pieces of paper from the waste paper basket and stitch them together. On one of these occasions Miss Jacob read portions to her. She said it was from Mr. Dickinson was able to read it she and when she was very glad, rejoicing and dancing about. On Sunday, 18th October, while Mrs. Carew was, as witness believed, at church, witness received from her master an order to send to Maruya's, and in reply either one or
two bottles of medicine were received, which witness gave to her master. That same after soda water in a tumbler which contained a little noon her master asked her to give him some fluid of a darker colour than sherry,
Cross-examined by Mr. Wilkinson the witness said she did not see the parcel from Maruya's opened, so did not know what it contained. She gave it to her master and did not know what became of it. A jinricksha man went for it She could not say what jinricksha man. She told her mistress of the occurrence after her master's death. She told her mistress about Miss Jacob sewing the pieces of paper together. She thought it was in August she
told her.
Did you mention the matter to your mistress after August P-I was scolded by Mrs. Carew
on the final occasion.
And did you give the same answers you gave to-day and yesterday ?-I gave the same an- swers as I have given to-day and yesterday.
I should like an answer?-I don't know To whom else did you speak about it?-whether I ever spoke to her about it afterwards; ing to Mrs. Hutchison.
-1
February 11, 1897
£88
nonsensical, too idi Mrs. Carew discovery of thr of the deceased nio, and sugar of lead and there is an entire absence of mot ficient motive, and also that sending for poison, not through he was dootoring himself, and accustomed to take arsenio years of his life, and that he given, white arsenic, which, and would have produced all the noticed by his medical attendant, and which cannot by any means be traced to the prisoner, how is the conclusion arrived at that the prisoner mast have murdered her husband P Having referred to the law on the subject and quoted cases the learned counsel concluded as follows:--From 1880 to the 9th October, 1896, is is proved that the deceased spoke openly taking arsenic, and in large quantities His wife had been accustomed all her married life to see him take it, to hear him talk of it. There is nothing surprising, therefore, in her obtain- ing it for him. I repeat,, it is not for me to account for the death; that is a secret which may never be known; it is for the prosecution to prove the charge affirmatively. What the prisoner did she did openly. She showed more anxiety, more concern about the symptoms of her husband's illness than the medical attendant did and, so far from attempting any concealment, it may be said that every day, and all day, during his illness, in all that it is proved she said or did, if she were murdering him, she never ceased to call attention to the fact, or to invite and by the evidence which she made and accumu- detection by the manner in which she set about it, lated against herself. The evidence of Dr. Hat- ton, Mr. Parsons, Mr. Robison, Mr. Stewart, Mr. Kenyon, and Dr. Wheeler, of the letters addressed by her to her husband from Miya- noshita, and of the entries in her diary, are still fresh in your recollection; and having said all I wished to say to you in my opening address, I now confidently leave it to you to say that the prosecution have failed to satisfy you that the prisoner at the bar is the incarnate fiend they have tried to make her out to be.
Mr. Lowder finished speaking at eight minutes past eleven o'clock.
He said the learned counsel for the de-
Mr. Wilkinson then replied for the Crowns fence, referring to the evidence concern- ing the finding of white arsenic and sugar of lead in the viscera, stated as a proposition of law that if the jury found that death was caused by the combined effect of poison administered by the accused and of poison not administered by her, they were bound to acquit her, because it would be impossible to say that death was caused solely by the particular, poison administered by her. Subject to correction from his Lordship, that was not the law. If they found that poison administered by the accused, although not the sole cause of the death of the deceased, conduced to his death, then they were bound to find verdict of guilty. It was not necessary that death should be due alone to the poison
never spoke to anybody about it before speak- | but I have an impression that I did speak to her, administered by the accused, if that poison
You never spoke to Rachel about it ?-Never. Never spoke to Porch about it ?-Never. From the first of these occasions until you spoke to Mrs. Hutchison you had never spoken to anyone about it ?No.
The witness was then cross-examined as to the wiping of the fender.
Kitamura Kichizo, a servant of the Carews, spoo to finding two pieces of paper (exhibits 92 and 35) in the nursery when it was changed into a bedroom. He found them behind the bureau and gave them to Rachel. The witness
id he had heard and seen Miss Jacob in anster's bedroom. It transpired in cross- nation that on one of the two occasions erred to the children were in the room and the other the door was open. After the adjournment for lunch Mr. Lowder said Mr. Lowder My Lord, I have been very seriously considering, during the recess, what it duty to do in view first, of the result of
examination of the witness Kitamura the last witness, on the question of Mary having been seen in her master's bedroom in Mr Carew absence and second
What is your impression of the time when you spoke to her again P-I could not say.
Did you speak to her after your master death? -I have forgotten.
Lately, since Mr. Carew's death, to whom did Lowder spoke to me about it. you speak about it?-To Mr. Porch, and Mr.
About when I have forgotten.
*
Mr. Porch was the last witness called, and was examined on various points. He identified the piece of paper bearing the words "M.J., "Dearest Walter," and said he found it about the 2nd January in Miss Jacob's birthday book. In oross-examination he said he did not find He took the book to the dining room and he the paper the first time he opened the book. found the paper in it just before he went to give it to Mr. Lowder. The first time he did not search it, but only opened part of the leaves.
FRIDAY, 29TH JANUARY, -NINETEENTH
DAY'S PROCEEDINGS.
Mr. Lowder briefly summed up. First he called attention to the question of handwriting, and said the A.L. letters were altogether too
L
contributed to the result. On this point Mr. Wilkinson proceeded to call his Lordship's atten tion to a number of reported cases. Supposing the case stood thus: there were three poisons one, white arsenic; one, sugar of lead, the third, Fowler's solution; and one was administered by one person, and one by another, and one by another, and that the patient died from the effects of the three poisons, if the jur called upon to decide upon such would be bound were all three in the dook and it was proved beyond all question they had each administered a poison that contributed to the death--to find them all guilty. If they had only one before them, they were equally by him contributed to the death to find that one guilty if the poison admini
arsenio had not been traced to« the
to the sugar of lead, it was
d as a lotion and it was§1 that the deceased would himse nally
And as sugar of lead into the the evidence of Rachel believed, that it was on Sunday: then they
ere
they
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