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THE HONGKONG WEEKLY PRESS AND
What alteration has been made? The "L' has been made into a “D, part of the first
*M" is destroyed, and other letters added.
Was that change made by you?-No. Part looks like Mrs. Mitchell's.
your visit? It has been suggested that you paid for Mrs. Mrs. Mitchell on Mitchell ?-No, it is not so. the October visit gave me the money to pay her account.
Major, who remembered opportunely in the box events which he failed to narrate three years before when under examination. He asked them to do their duty as jurymen and to find a verdict according to the evidence, and he sub- [ mitted they could not give any weight to the It has been suggested that you committed evidence. There was a long gap, and no evid-adultery with Mrs. Mitchell on that occasion ence of adultery was alleged in the years 1901, Is that true?—It is not true.! 1902 and 1903. There was no allegation of mis- Was there any concealment about
None whatever. conduct until October, 1904, when the first visit to Macao took place. Apparently the attitude of Captain Mitchell was to charge Mrs. Mitchell every moment she was in the Colony with adultery with Mr. Lemm. Counsel then referred to the "extraordinary incident" when Captain Mitchell met Mrs. Lemm in the middle of Queen's Road weeping. Why should she select Queen's Road in which to weep P living in Kowloon. Counsel described the story as incredible, and ridiculed the story told with regard to Eranee Villa. Captain Mitchell had left his wife and made her a very small al- lowance. What more natural than that her fellow countryman should assist her? The old messing arrangement was practically revived. He took French lessons along with the daughter, and they also decided to learn shorthand together-doubtless a pleasant occupation, as she was a charming girl.
She was
John Lemm, the defendant, was then called. He stated that he was an architect practising in this Colony, which he left in December last for a holiday At Honolulu he received telegram stating that Mitchell had obtained a prohibitory order, against his lands.
His Lordship said he would tell the jury that Lemm did not keep out of the way, and that the plaintiff did not unnecessarily press the case..
Defendant then stated he came to the Colony first in 1889, when he came up from Sydney accompanied by his wife. On the voyage he
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And on the other occasion ?We each paid our own' account.
Witness stated that in 1905 he took his meals at Erance Villa. He considered Mrs. Mitchell badly treated, and he went there for dinner in order to help. Mrs. Mitchell tried to make a little money by selling Chefoo lace and the daughter by selling paintings. They were deserted by all their friends. He visited them in order to have French lessons with Miss Mitchell. They also painted together, witness working in water colours, and Miss Mitchell in both. She sold pictures-some to Mr. Mody.
Nothing else?For shorthand. Miss Mit- chell had learned shorthand at school and I went through the first book, of Pitman's Shorthand with her. 1 · am afraid I don't remember very much about it now,
How old was Miss Mitchell?-In 1905 she was 16 or 17 years. She was 21 last May.
Was she a good looking girl?—Yes, very bright and very clever.
Were you on friendly terms with her? Do you like her P-Yes, it was as much in her interest as her mother's that I helped them.
Witness was then questioned as to his daily routine and to his habits at Eranee Villa. He denied that he took his liquors in Mrs. Mitchell's room, or that he entered her room in his truth there any pyjamas; neither
Was
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in the charge that he had committed adultery with her on 1905 in the months stated.
Is that a good likeness of Mrs. Mitchell 2- A very flattering likeness.
her good looks ?-She never was good looking in my opinion.
Had she deteriorated very much in appear- ance - Very much,
met Mrs. Mitchell, whose relatives he knew: His wife and he continued on friendly terms with Mrs. Mitchell. He met Captain Mitchell later. His wife left for Australia in November, 1898, with her children. Witness then bore out the statement of Counsel with regard to the letting of the house and the messing Was Mrs. Mitchell, to use a vulgar expres. arrangements. Witness denied having eversion, a lady who wore well? Did she retain committed adultery with Mrs. Mitchell, and ex- plained the richsha incident by stating that when he got out of the ferry his brother in- formed him that Captain Mitchell was home, and accordingly he stopped his ricsha at Mitchell's house in order to call. Capt Mitchell came downstairs in his pyjamas and they chatted together in the drawing room, Mrs. Mitchell later coming downstairs
Mr. Major says he has seen you going into Mrs. Mitchell's house during her husband's absence at all hours of the night and he watched and saw that you did not come out until the early hours of the morning. Is that so? No. It can't be true?
Why can't it be true ?It is not true that I came in the early evening and left in the early hours of the morning. It might be that we had been to the theatre and I had gone in to have a cup of coffee or something.
Were you a frequent visitor at the house ?— Yes.
Were other people frequent visitors P-Yes. Watkins would come along sometimes, as well as my brother and his wife.
And the visits were returned ?--Yes, fre- quently.
Witness stated that when he visited Macao on the first occasion with Mrs. Mitchell they were ill at the time. He wrote in the register." Mr. Lemm, Mrs. Mitchell and friend." He thought "friend" was a joke, because Mrs. Mitchell used to say that her daughter was the only friend she had, and he would then ask "where do I come in "The signature had apparently been altered since, but the alterations had not been made by him. Witness never visited Mrs. Mitchell's room during their stay, nor did she enter his room. Mrs. Mitchell and her daughter slept together. Witness then spoke to the second visit to Macao, when Mrs. Mitchell and her daughter occupied the room they had done before. He occupied the adjoining room.
Look at that signature, "J. Denning?" Did you write that ?—I have written J. Lemm and the H. K..
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Sir Henry Berkeley then cross-examined witness.-
You know that Captain Mitchell is divorced from his wife ?-I understand so.
You gave evidence on commission before the Registrar on her behalf? Yes.
You know that Captain Mitchell in the pro- ceedings for divorce charged his wife with adultery with you?And three or four others. Yes, I believe so.
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You know it I don't remember seeing any document.
You know as a fact that you were charged ?— I suppose so.
Not suppose so Didn't you give evidence explicitly denying the allegations ?--Yes.
Therefore you knew the charge was made and you denied it ?—Yes.
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Before the Commission you categorically denied the charges of adultery against you ?........
Yes.
Did you take any steps to have yourself made a party to the proceedings in Scotland ?--I did not
His Lordship-You are getting on delicate ground. You can't make the slightest use of the proceedings in Scotland.
Sir Henry Berkeley-I am not going any farther!
Witness was next questioned as to the visit to Macao. He denied going with Mrs. Mit- chell to Macao. He met her on the steamer.
Do you mean to say you did not know Mrs. Mitchell was going to Macao on that occasion ?
I did not,
It was a mere concidence ?-It might have been..
Mr. Slade There is no charge whatever made with regard to this.
Questioned as to a man named Castor having slept in Mrs. Mitchell's house, witness said he informed Captain Mitchell of the occurrence. He believed the man had since died. Captain
[September 4, 1909, Mitchell was mistaken when he said witness had not told him he slept in his house.
You deny that P-Yes.
Not because you feel bound to protect the honour of the woman P-It is not.
Captain Mitchell swears falsely when he says you did not tell him ?—I cannot help what he
gwears.
Why didn't you go to a hotel instead of going to a room in this lady's house ?-Because I had furniture to store.
Why didn't you store your furniture and go to à hotel? It was more convenient to do as I
did.
Did you not think it was likely to hurt the good name of the lady?—I didn't.
Would you have done it if you thought it would? It never struck me,
It never struck you?-Half the ladies in Kowloon keep boarders.
Their husbands reside in Kowloon ?--Yes, Witness spoke to Mrs. Mitchell coming to his house to arrange pictures. He had an office there, where he worked frequently in pyjamas, but he always dressed and went downstairs to receive her.
Questioned as to the statement of Captain Major that he heard defendant whistle on ap- proaching Mrs. Mitchell's house, and that there was an answering whistle, witness denied that there had ever been any whistling.
Can you whistle ?—Yes.
Do you say that when Captain Major swears he heard you whistle and heard an answering signal that he swears falsely Pomebody else might have whistled.
His Lordship-Did you whistle? Witness I have known Mrs. Mitchell eleven years and there has not been any whistling.
Witness denied that he entered Mrs. Mitchell's house late at night, and asserted that Major could not have seen the entrance to the house if he were lying on the verandah of his house. Witness denied that when he called at Mrs. Mitchell's on the night of the "ricsha in- house cident," the boy said in a warning tone Master have come." He came from St. Peter's Church that night. He was a regular churchgoer. He denied that his visit was made with a view to adultery, Witness married a second time in 1902, but he did not live happily
with her. She suffered from hallucinations and alcoholism. She did not upbraid him with being too familiar with Mrs. Mitchell. He had said he would like to be separated from her.
On arch 8th he received a letter from Captain Mitchell stating that they would cease to meet as friends.
Notwithstanding that you visited her when she came back?-His letter covered himself; not her.
How do you reconcile that ?-It might have been indiscreet, but I was her only friend, her only true friend in Hongkong. ||You said that one of your reasons for going to this lady's house was because she was deserted by every- body P-Yes.
I put it to you that that desertion was due to the improper relations between yourself and her? Probably due to rumours.
Due to rumours ?Jealousy.
Were the ladies jealous of you?--I took them out to the theatre.
What do you mean? Are you a lady's man ? I won't press that. You admit that the desertion was probably due to unfounded rumours of inproper relations between you and her P-I suppose that was it. People's evil imaginations.
Do you not think that a'man like you, of whom the other ladies were jealous, constantly going to this lady's house was not likely to create this feeling in the neighbourhood ?—I don't under-
don't stand you.
You took this lady to Macao? - We went over to Macao,
You took her there? I did not pay for her. You did not pay for her -Well, I paid for her on the steamer.
Sir Henry Berkeley-Then I am right this time. You did pay for her?
His Lordship-Not at the hotel ? Witness-No.
Sir Henry Herkeley - Not at the hotel ?-No. Not the cost of a small lunch ?—No. You took the ladies to Macao and did not pay for their lunch ?—I did not take them.
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