The Archive · 1897

TENTH DAY'S PROCEEDINGS

On proceedings opening in the 10th sitting of the Court on Monday morning some time was taken in correcting a few errors which had arisen in connection with the numbering of some of the Exhibits, says the Japan Advertiser, whose report we avail a. The list of those in the case Lowder ts, Jacob was handed to Mr. Wilkinson, who then asked Mr. Lowder to give evidence as to the receipt of the "A.L." letters. On this Mr. Lowder stuted to the Court that he did not object to giving evidence, but at the commencement of the case Mr. Litchfield had promised to give him the names of all the witnesses who would be called, and he objected to the calling of others whose names he had not received. It seemed to him that the case was being unnecessarily expanded, and was growing longer every lay.

Mr. Lowder was then sworn and gave vor games from his seat at Counsel's table, In reply to Mr. Wilkinson he said—I received this letter (Exhibit U1") in the street on November Ist, at the hands of a messenger who said he came from Wright's Hotel and had been looking for me. It was closed when I got it and had come through the post. The post mark has tenth or eleventh month, first day, although I cannot quite make it out. Looking at Exhibits "P" and *P1" Ican say that I

Sir Ernest Satow, Her Majesty's Envoy Extraordinary and Plenipotentiary at Tokio, deposed—I received the letter shown me and its envelope.

Are you acquainted with the person whose name is mentioned there?—I am not.

The letter was then marked by Mr. Lowder as identified.

His Lordship then cited authorities bearing on Mr. Lowder's objection R. Stiginani in 1867, and R. v. Greenfield.

Mr. Wilkinson then proposed to call Mr. Norman Walter, but this also was objected to by Mr. Lowder, as also was the calling of Mason who was called by Mr. Wilkinson as an expert to prove that the "Annie Luke" letters were written by Mrs. Carew. On this Mr. Wilkinson held that he had given notice in his opening speech. Bir. Wilkinson stated that he had no authority later than those which had been quoted by His Lordship, and which were in his favour. He thought it would be only fair to his learned friend to allow him to Produce any Later authorities if he bad

passage by Mr. Justice Wills bearing on His Lordship then quoted, " further the matter at issue, and Mr. Wilkinson expressed his regret at having been com-led by the circumstances to bring in witnesses of which the other side had not received noticed. Had he been in the position of his learned frie he would Probably have taken the same objection.

William Benjamin Mason, having made oath according to Scotch custom, stated Tama British subject, at present instructor in English in the Higher Middle School Hin Tokio. Iwas employed for 7 years in the Postal and Telegraph Department in England, and for 16 years in the same Department in Japan. I have taught English handwriting to Japanese students for three or four years and have made a private study of the peculiarities of hand-1 writing for many years. © During: that time T have been in the habit of comparing handwriting for some years.

Mr. Lowder—You are the Chess Editor of the Japan Mail, are. you not?—I was at one time.

Do you remember for a whole "year receiving correct solutions to problems that whole year?—Yes, they were signed Scacchi."

You told me, did you not, that the handwriting puzzled you and that, until I denied it to you, you thought that I was the solver of those problems?—Yes.

You were acquainted with my" handwriting and not with that of "Seaophi"?—Very slightly. I said that the handwriting of the solution was that of an Englishman and a lawyer; the other view being that it was that of a foreigner.

Mr. Wilkinson—Did you ever discover who it was }His Lordship now sitting on the Bench.

His Lordship—When you say that you were employed in the Post and Telegraph Department in England did you have to do with letters Yes.

judgment, "Regina °. Coleman". bearing "lis Lordship then read a passage from a on the matter, and stated that he had no hesitation at all in permitting the evidence of witness as an expert.

Mr. Lowder in reply quoted Regina Silverlock, 2.°Q. B.-9f He claimed that nothing had been brought forward to Fad simply stated that he had been in the rove that the witness was pontus. habit of making a study of handwriting but not that he had given evidence as to handwriting.

His Lordship—I hold that his evidence may be received, by which I mean that he is sufficiently qualified to give evidence.

Mr. Lowder—Will your Lordship kindly rake a note of my objection.

Charles George Buchanan Dunlop, sworn, stated, Iam a British subject resident at Yokohama, a merchant.

Mr. Wilkinson—Have you seen that (Exhibit " Epsilon ") before I have, You made that mark "R. 22 Oct." on it in blue pencil?—I did. It means received Oct. 22nd last.

From whom did you receive it. Diss Christoffel lyes.

Did you receive any others?—Yes (Shown Exhibit "'Ita"). T received that one ab the same time. I think I saw that one ("Theta") but cannot be sure. There is ho mark on it.

Did you return them at once or did you keep them?—I kept them for three or four days and then, returned them to Miss Christoffel.

What time.did you receive them?—It was about one o'clock on the 22nd.

Mr. Lowder—Christoffel is the governess of your children?]—Yes.

Did she tell you to whom they were written and by whom?—I asked her to show me one of the letters said to be from inson.

Said to be from whom?—I do not know.

Did you know that they had been taken from Mrs. Carew's waste paper basket I did not know then. 1 suppose it was the day afterwards that I learned.

And you still retain Christoffel as the governess of your children?—Yes.

Dit You tell her to burn the: letters 2 Did you tell her to return them to the writer or. the person to whom they had been addressed?—No.

At this stage proceedings. were adjourned until 2 p.m.

On: proceedings being resumed, His Lordship asked' Mr. Lowder' if' he had any authorities to cite with' reference to his objections, and received a reply-in the negative. His Lordshipstated that the matter appeared to be left to his discretion, The evidence of the'letter to Sir E. Satow, when was that brought to the knowledio of the prosecution Mr, Wilkinson.—Some time ago.

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account