October 28, 1907.]
None of us know the law, except in a limited way, more or legs. Does the law of America state that
an American citizen | cannot be extradited from a treaty port in China?
His Lordship-How about Jackson's case? Sir Henry Berkeley-The American autho- rities at Chefoo have no power to take Adsetts away from Chefoo, is that not so ?.
The Attorney-General-I don't want lo interrupt, but the question raised by my learned friend is totally irrelevant to the question of fact, which is one of murder.
Bir Henry Berkel-y--My learned friend entirely misinterprets the object of my question. The prisoner is before the Court, and no matter how he came he is ameuable to the jurisdiction of the Court. But I am going to put to the jury the conduct of the prisoner, which is in his favour. Being aware that he was in an ssylum from which he could not be removed voluntarily, he came to this Court to face his trial. No American ship of war coa'd take possession of an American citizen except by process of law, and no English captain of a man-of-war can arrest a British subject except by process of law.
The Attorney-General-I might tell my friend at once that if he is going to pursue that line I will have to re-examine witnesses to prove that the prisoner did not come here voluntarily.
Sir Henry Berkeley-Not after he wrote the latter.
The Attorney-General-No, not after writing the letter.
His Lordship (to Sir Henry Berkeley,-You don't intend to trouble the jury with much law ?
Sir Henry Berkeley-No man can be deprived of his life except according to law,
His Lordship-If the jury find the facts proved they can find the prisoner guilty.
Sir Henry Berkeley-Quite 80, but my question was to ascertain the conduct of the prisoner. A man may in a moment of panic, and fearful of the charge made against him, flee from justice and endeavour to prevent appre- hension to the last, and at last being taken may commit an act which the jury must consider fairly and impartially for what it is worth. I will draw your Lordship's attention to Moore on Fxtradition.
His Lordship-All this will come in your address to the jury. It comes in rather awk- wardly now in the middle of the evidence,
Sir Henry Berkeley-As your Lordship pleases.
May Hempstea, recalled, in reply to Sir Henry Berkeley, said she did not know any. thing about the relations between Gertrude Dayton and B. Booth. Gertrude said she had come away from Mauila with insurance money she had collected belonging to B. Booth She also said she left Manila hurriedly. Witness did not know whether the Post Office Orders had any reference to that. Such knowledge she had she got from Day'on.
Are you aware that the prisoner had those postal orders with the consent of the woman Davton ?-I don't know anything about it.
The Attorney-General-Miss Dayton came to Hongking from Manila owing to the ua. pleasantness between her and Miss Booth -I believe that is so.
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Josie Marshall was the first witness after tiffio. She said she arrived in Hongkong on August 9th, and now resided at 18, Hollywood Road. She knew Gertrude Dayton very well, having known her for about four years, during which time she lived in the States and China and Manila. Witness had known the prisoner since July last. She saw him at the Hotel Francai in Manila. She and Miss Dayton were staying at that hotel. Prisoner and deceased had been together in her company at Manila. Miss Dayton left Manila on the 8.8. "Eastern on July 31st, and prisoner left the same day. Witness arrived here on August 9th, and was taken to the cemetery on the 15th, where she Baw Gertrude Dayton's bedy in the mortuary. She had no difficulty in identifying the body, the distinctive marks being her teeth, arms and fingers. When she identified the body, witness could not tell it by the features. Peceased had quite a lot of jewellery. [This was produced, and witness identified the greater part of it]. Witness had seen the two tickets produced before, They
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CHINA OVERLAND TRADE REPORT.
were issued in the name of Mrs. E. C. Mayo which was supposed to be deceased's married name.
Cross-examined-You
came to Hongkong expecting to find Miss Dayton here?—Yes.
You were told on arrival she was dead, and were taken to a body which was so decomposed that you could not identify the face ? No.
Being unable to identify the features you state you have no doubt the body was that of Dayton for three reasons; long fingers with pointed nails, gold filling in the teeth and large front teeth ?—Yes,
I take it, Miss Marshall, that you know several young women with long fingers and pointed nails? - Yes.
And who have fine large front teeth ?—Yes. And whose teeth are filled?—Yes. Except for the fact of having seen a corpse with long fingers and pointed nails, gold filled and large front teeth, there was nothing to show that Miss Dayton ever came to Hongkong?-As far as I know.
Go back to the Post Office Orders. There were fifteen originally, were there not? -Yes.
And you bad one ?—Yes.
And cashed it?-No.
Are these Post Office Orders proceeds of the insurance money?—Yes.
Proceeds of the money paid Miss Dayton by a fire insurance office in Manila ? Yes.
That was on a house belonging to B. Booth, was it not?-That I can't say. I don't know.
Weren't you summoned before the prosecut- ing attorney at Manila?-Yes.
What was the charge against you?—There was not one. He wanted to know what I knew about the affair.
Wasn't it alleged that Dayton received the insurance money on behalf of B. Bonth and misappropriated it?-From what I understand Gertrude received the money and had an order
to receive it.
Didn't she leave Manils because she was afraid of being prosecuted? --- Yes.
The Attorney-Ge seral-Do you know B. Booth ?-Yes.
Did Adsetts-
Sir Henry Berkeley objected.
His Lord hip-I have not heard the Attor ney-General's question yet.
Sir Henry Berkeley-You've heard a quarter and that's quite enough,
His Lordship wished to hear the question, The Attorney-General-Does Adsetts know B. Booth There is some mystery attaching to the insurance transaction with Booth, and I want to know whether Adsetts is known to B Booth.
Witness-I have not seen him talking to her, but I have heard him speak of her.
Francis Goms, passenger clerk in the Nippon Yusen Kaisha, identified the prisoner as having booked a first class passage to Shanghai on August 5th under the name of Mr. Jackson, Witness identified the prisoner at the jail on September 30th.
Cross-examined-Witness booked many pas- sengers this year and thought he could identify them all.
Detectiva Sargeant E. O'Sullivan gave evidence as to what was found in Room 184, Hongkong Hotel, when the police searched that room. Later he went to Manila for the prisoner, and brought him back to this colony. When witness saw the prisoner at Manila he was quite clean shaven.
Cross examined-The blood staiu witness found on the bed of Room 184, was on the reverse side of the mattress.
P. P. J. Wodehouse, Assistant Superintendent of Police, said a number of the witnesses who had given evidence were taken to the prison to identify Adsetts, who was seated with ten other men. Witness explained the metho i of procedure, and gave the names of the witnesses who identified the prisoner.
Cross-examined-On the first occasion pri. soner's dirty appearance was not very noticeable. On the s cond occasion it was more noticeable.
Chief Detective Inspector J. W. Hanson bore witness to examining Room 184 at the Hongkong Hotel, in company with Sergeant Sullivan, and spoke as to what they saw there. On the 24th September, the day after the prisoner's arrival here, witness charged him with the murder of Gertrude Dayton, cautioned him, and took the statement he made down in writing. It was-
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"I wish to plead not guilty. There were thres men at the jail for the purpose of identification who were taller than the prisoner.
This closed the case for the Crown, and Counsel for the defence said the prisoner de. sired to be called.
William Hall Adsette then entered the wit- ness box and was sword.
Sir Henry Berkeley-You are charged with the wilful murder of Gertruds Dayton. You have pleaded formally "not guilty."
Do you swear that you did the dead, or otherwise ?— I did not.
Did you know the woman Dayton?—Yes
Sir.
Did you come here to Hongkong with her?- Yes, Sir.
State all you know concerning the womau Dyton.
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Prisoner-I left Chefoo on July 8th, and arrived in Manila about July 17th оп the 8.9.
"Alexandra, a U.8.8. Naval collier. On my arrival at Manila I stopped at the Hotel Francai. There I met Miss Dayton and Miss Marshall. Miss Dayton I had slight acquaintance with, but Miss Marshall I did not kaow. About a week after my arrival in Manila Miss Dayton and Miss Marshall were in their room, aud I was there also. A woman named B. Both came to the Hotel, and to the room occupied by Miss Marshall and Miss Dayton Miss Booth asked Miss Dayton to sign some paper relative to house 92, Calle Alejandro, and also papers relating to insurance money on a house which was burned down at the rear of 92 Calle Alejandro. Miss Dayton signed the papers relating to 92, Calle Alejandro, but wouldn't siga the insurance papers. There was then come discussion between the three women which ended in Miss Marshall ordering Miss Booth out of the hotel. Miss Marshall then called the manager of the hotel, pointed to Miss Booth, and said to him "Get that woman out of here be fore I hurt her." Miss Booth then left with. out further trouble. That afternoon I met Miss Booth ont driving, and she asked me to try to get Miss Dayton to meet her alone. I told her I would try, but I did not think it would be of any use. Miss. Booth then be- came very angry and said, referring to Miss Dayton-"Well" she's got my money and I am going to get it. If I don't I will get even with her.' I then went to the botal and informed Miss Dayton and Miss Marshall what Miss Booth bad said. Miss Marshall said she was not afraid. Miss Dayton said nothing. On July 26th Miss Dayton sad myself went to Smith, Bell and Co., who are the agents for several insurance companies in Manila. There we met Mr. O'Brien, the lawyer. Miss Dayton was handed a cheque for 3,595 pesos, and signed a receipt that she had received payment in full, or words to that effect. We left Smith, Bell and Co. and went to Mr. O'Brien's office. Miss Dayton endorsed the cheque and told Mr. O'Brien to cash it, as it was after banking hours, about five o'clock. She told Mr. O'Brien also to bay the equivalent of 3,000 pesos in United States Postal Orders- that would be equivalent to $1,500 gold. Mr. O'Brien gave Miss Dayton a receipt for the che- que and we left and returned to the hotel. Next day, July 27th, Mr. O'Brien came to the hotel and to the room occupied by Miss Dayton and Miss Marshall, and banded Miss Dayton fifteen postal money orders for 100 gold dollars each. Mr. O'Brien advised Miss Dayton to leave Manila. On July 29th Miss Marshall was subpoenaed to appear before Prosecuting At- torney George at Manila. She showed Miss Dayton and I the subpoena, remarking that it was about the insurance money.
That sam day Miss Dayton asked me
to accompany ber to Hongkong from Manila, and at Miss Dayton's request I purchased two passages to Hongkong on the a.a. “Esstern,' which was the first boat to leave Manila That night, July 29th, Miss Dayton handed Miss Marshall one of the postal money orders telling her to cash it if she could and to endorse it, if necessary. Miss Dayton also gave Miss Marshall an order on A d bt collector to pay over to Miss Marshall all money tha he collected for her, obits smounting to $100 which she had placed in his hand. Miss Dayton also gave Miss Mar- shall letters and chits amounting to $500 and
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