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THE FRIEND OF CHINA, AND HONGKONG GAZETTE, VICTORIA, WEDNESDAY, JUNE 428, 1845.
ICE —A Mail for England, wa Bombay, per Clip Eerbart Compam, will be closed at this Office, at Pod-Ofice, Victoris, 28th May, 1845.
Marion the Sibdone.
THE FRIEND OF CHINA AND HONGKONG GAZETIE:
standing the disclaimer of the Attorney General of any designs against the liberty of the press, we cannot but think our Contemporary has met with barah treatment to use the very mildest tenn the case admite of. After a prosecution had been commenced in a manner that would have entitled him to recover his expenses on gaining such a ver-
diet as has been awarded by a special jury, the affair, all at once, assumes a different shape, and notwithstanding a full acquital he roust still have incurred heavy expenses. In such a state of affairs any man may be ruined who does not choose to become the very slave of those in power, and fawn and applaud their measures, however repulsive to his own feelings or to those of the Community. One prosecution may be raised after another at The Clipper barque Kelpie arelived from Calcutta every whisper of dissent, and the Editora means yesterday forencon, and a brig in the evening which dissipated and himself reined by being found in- we believe is the Lanrick; we have not received let-nocent. Under such circumstances what becomes tere or papers, but presume the Lanrtok brings the of the liberty of the Press. By such remarks we mail of 24th February, which will of course be de- I do not wish that an Editor more than any other livered from the post office this morning.
man should be entitled to injure another, or disse minante acandal with impunity. But it is in ac
H. M. Steam vessel Vixen, Captain Gifford, cordance with our ideas of English justice, that they arrived at Singapore on the 15th Ult. She should meet in a fair field and that the agressor experienced strong southerly winds all the way who is found in the wrong should not escape sca down the China seas and made for her-theless while the innocent is subjected to heavy loss. rather long passage of eight days.
We have suppressed some editorial matter from a desire to publish as many extracts from the English papers as our columns will admit. We are aware that many of our subscribers are not in receipt of papers from home; and there, fore on the arrival of the overland mails we endeavour to give all the intelligence which will interest them.
We regret to hear complaints of irregu larity in the delivery of this paper. On all pccasions of delay, or neglect to leave the papers at an early hour in the morning, we will be obliged by parties intimating the same, as there is no excuse for such irregularity.
Of late the harbour has been visited by a good many Junks from Chin-Chew and other places on the coast. A Gentleman, who board ed one of them a few days ago, informa us that she is loaded with Camphor, and that there are about half dozen more now at an. chor in the barbour with similar cargoes. Compared with the trade of China, the arrival of a few vessels with Camphor is a very trifling affair; but we look upon it as the commence- ment of an extensive traffic. The prudent policy of the present government, in avoiding every thing which may tend to alarm the native traders who visit us, will gradually give them confidence, and we may reasonably anticipate that ore long we will have an abundance of them in this harbour, bartering their cargoes of camphor, rhubarb &c. for cotton goo is and straits produce. At present the sales are so trifling, that it is not customary even to store straits produce here, but an evident deniand for these articles, and the prospect of a future trade in them, will soon influence a supply.
We are also pleased to hear, that, a good many of the Parsee Merchants will very short- ly take up their abode on the island, adding to its prosperity and we think affording them better facilities for correspondence, and con- ducting that part of their business which is done out of Canton, than they now have at Macao. Altogether the prospects of the colony are en- couraging, provided our respected rulers will for a time only refrain from ordinance making and taxation-which though they afford amuse- ment to them, are death to us.
We copy from the columns of our contem- porary the Hongkong Register, a report of the proceedings in the Supreme Court on Monday. The proprietor of this paper, was tried on a criminal information, obtained from the court at the instance of Rear Admiral Sir Thomas Cochrane, for publishing an alleged libel on the Rear Admiral, which appeared in the Friend of Chima fast July.
We do not discuss the merits of this case; it is one so purely personal that, fortified by the verdict of an impartial jury, we prefer lay ing it before the public without comment. If,how ever, the writer of this paragraph may be permit- ted for a moment to throw aside the mask which transmografies the individual into the some what mysterious editorial We, and speak in his own person, he would wish to state, that had an apology in this instance been at all consistent with his own feelings it would have been proffered in an early stage of the proceedings. Every man is presumed to be the best guardian of his own honour, and after a careful enquiry as to the facts and merits of the case, the person who writes this believed most conscientiously that, he could not offer Sir Thomas Cochrane on apology, without com promising the reputation of his paper, and outraging his own feelings; he preferred the alternative of an expensive prosecution, (with which the learned Attorney General bas co- quetted for the last seven months), knowing that in the event of a conviction the conse
quences would be disastrous. The matter is
Ad.
now settled, and he does not hesitate to arow that, he did not mean to charge Sir Thomas Cochrane with corrupt or dishonourable con- duct; on the contrary, he believes the Rear Admiral incapable of doing anything which would merit such opprobrious epithets. mitting this, he still retams his opinion, that in case between the in settling the salvage Schooner ten and Her Majesty Ship Wolf, Sir Thomas. Cochrane acted shabbily and showed a great want of judgment.
From the Hanghong Register, 3rå Just We have given a pretty full account of the pro ceedings in the SupremeCount yesterday Norwith-
F
SITTING OF THE SCereme Court 20 Juse,1845,
A Special Jury was empanneled for the trial of an action raised at the instance of the Crown against the Editor of the Friend of China for the publication of the following Article in his issue of the 18th July last which was alleged to contain a libel against Sir Thomas Cochrane:-
"It will be in the recollection of many of our readers, that Her Majesty's ship Wolf. got on a bank somewhere below Woosung, and but for the timely aid of the Schooner Vixen, Capt. Carr, she would have been obliged to sacrifice her guns and shot before she could have got off The Wolf took the bank at high water, and could not possibly have been floated again without greatly reducing the dead weight on board. When first deseried by the Vixen, she, the Wolf, had a signal of distress flying, and there can be no doubt that, had it come on to blow whilst she was lying in this critical position, she would have gone to pieces. The Vixen ran alongside, and took out all her armament, 16 guns and 400,32 lb. shot,and it was not until relieved of this weight that she again floated; without this assistance she had no other alternative than to throw her guns overboard, or go to pieces on the bank. This is a clear case of salvage, and before any Admiralty court the sum awarded the Vixen for her, aid would be considerable. At the time the affair occurred, Rear Admiral Sir Thomas Cochrane was at Chusan, when it was agreed between him and the Captain of the Fixen, that the question of compensation should be left open until Sir Thomas Cochrane returned to this colony. After Sir Thomas's return, the owners generously waived all claims for salvage, merely requesting the Rear Admiral to recompense the Captain and crew for their trouble, never doubting that, actuat ed by a spirit of liberality similar to their own, Sir Thomas Cochrane would handsomely re- ward the salvors of Her Majesty's ship. In doing this they committed a capital error; he, to whose justice and magnanimity, they had entrusted the liquidation of the claims of the Captain and crew of the Vixen, could not ap preciate such generous feelings, and taking advantage of the confidence thus misplaced, be offered to award in all $100, in the propor- tion of $45 for the Captain; $20 Chief Of ficer: $10 Gunner; $1 each for the Crew. We need scarcely state that Captain Carr would not take advantage of the Rear Ad- miral meanness, and that in this instance Her Majesty's ship has got off #scot free." Had the Vixen been the party that was in jeopar dy, and the Wolf rendered her assistance, we would have had the matter settled in a very different manner. Sir Thomas's mental op- tics-which at times appear sealed up--would have been fully opened to the importance of the service, and if such a question were left to his award, we have not the slightest doubt "that the $100 which was sufficient for the Viren, would have swelled into thousands for the Wolf. We regret exceedingly to notice such small actions as the one now mentioned. They injure the dignity of the service not a little, and although no thinking man, would judge unfavorably of those whose merits have been so often tested, in consequence of the lit tle minded actions of their present Chief, we are bound to acknowledge that, to the thought- less and ignorant, such trifles convey an un- favorable, though false impression of the naval
character.
Sir Thomas Cochrane, if we recollect aright, has been a candidate for parliamentary hon- ours; once, at least, he stood for a sea port town, the most influential inhabitants of which are shipowners; should the gallant Admiral ever again seek to distinguish himself in the legislature of his country, we trust the affair we narrate will be not proclaimed on the hus tings, as we are afraid it would damn him în the eyes of any constituency interested in the mercantile shipping of Great Britain.
The following were the Jurymen on the €850 Thos. Jones, Esq. Duncan Fletcher, Angus Fletcher, Esq, F.T. Bust, Feq, J. Lef- der Band George Findlay, Eaq
The Attorney-General in opening the case stated that the was an information on the part of the Queen to defend the character of Sir Thomas Cochrane, who had awarded a suus of 100 dollars for services rendered by the Vixen to the Wolf as the full salvage
claimed--that Mr. Carr well knowing thể
ses took the occasion to vilify the Com mander-in-chief as having acted arbitrarily
ughtily and unjustly, and to state that when services were rendered to H. M's, Ships no adequate reward would be paid. To this but to day he has added as a farther plea, that charge Mr. Carr at first pleaded "not guilty,” all he had stated was true, and published for the benefit of the public. He was aware that whenever there was an attempt to check such objectionable publications there was raised an out-cry that it was for the purpose of curbing the liberty of the press. The Government here had no wish to do so -an officer discharging the high duty of Admiral, and in this case acting as a judge of the Admiralty is complained of; a partial statement of the facts is brought forward, for if the whole facts had been stated, Sir Thomas Cochrane would have suffered no
damage. A person in such circumstances ought not to be so negligent as to publish partial statements. The Admiral is charged with gross partiality and corruption as a judge. You (the jury) will not fail to per ceive the motive on the face of the article. Will you ever believe that Sir Thomas was influenced by such motives, and that this was published for the benefit of the public and not to gratify some private feeling against
at may produce the most prejudicial. for if this article is circulated among mercantile navy here, should another of Her Majesty's Ships get into similar cir cumstances, it would deter them from render
their services.
have nothing to say against the service rendered by the Vixen, taking out guns, shot, &c. This I admit, it was a clear case of salvage. Sir Thomas had no wish to deny this. He said to his Secretary Mr. Waller, "I know nothing of this case; you will call on Mr. Matheson, and learn what he claims," Mr. Waller did call and Mr. Matheson very liberally refused to receive anything. Mr. Waller asked what compensation would be enough for the crew of the Vixen. Mr. Matheson said about 105 dollars, to which. Mr. Waller answered, say in round numbers 100 dollars.
Mr. Carr puts an imaginary case to injure Sir Thomas. He says had the Vixen been the party that was in jeopardy, &c." The last paragraph could only be penned by some person who had a personal spleen against the Admiral.
If any of you had been called on to act as arbiter, and in consequence of your award been accused of corruption. you would feel what damages ought to be given in the pre-
sent case.
The affidavit of Mr. Waller which will be read to you states that he wrote to Mr. Matheson by the direction of Sir Thomas a letter stating the Admiral's desire to pay any remuneration for the services of the vessel which Mr. Matheson might think fit and rea- sonable. Mr. Matheson refused any remune- ration, but expressed his willingness to accept any remuneration on the part of the crew he might think proper. When desired to name a sum, he said "the Admiral may think very different from us," and being desired to namo a sum he named 105 dollars. The let- ter to Mr. Matheson stated that the schooner had been detained 12 hours in consequence of the service rendered to the Wolf
Mr. Goddard in addressing the jury for Mr. Carr, said he felt considerable difficulty in appearing before them in such circumstances. Mr. Carr had been accused of publishing a libel feloniously, wickedly and maliciously." Mr. Carr he believed knew very little of Sir Thomas, except as a person holding a high command in these seas. Sir Thomas how. ever in this case did not act as a judge. The ́ only judge of Admiralty here is the Lord Chief Justice. Neither does he accuse him of any thing criminal, or of an offence either in his public or his private character that implied guilt. He never accused him of cor- raption. He only accuses him that he was not so liberal as he ought to be,
A criminal libel has been filed against Mr.
·Carr. In consequence of the way the ac-. cusation has been brought, he was put to great expenses, as the Crown pays no costs; and if he succeeds as I am sure, or at least I feel confident he will, he will still have to pay all his own expenses Besides the case has been deferred from time to time, whereas it might have been brought on long ago. Sir Thomas might have put himself into the witness box, and so might Mr. Waller and then we should have had an opportunity of seeing what was right and what was wrong, or at least we should have had an opportunity to crosa ex- amine them and of proving that Air, Mathe- son was not informed of the facts.
Mr. Carr, hesing that Sir Thomas was about to commenc、an accusation agaist him, made every enquiry meder that if he had done wrong he might redress it by making an ample apology; but the more he did enquire, the stronger he found the facts. To consti tute a libel it must be shown that the party is charged with something that is criminal.“
Mr. Bradshaw's evidence is to this effect -The Wolf was in great distress, firing guns and having her ensign with the Union down. The Vixen stood in and sent her boat to the Wolf to offer assistance. The Vixen had a large quantity of specie on board. She re ceived 16 guns and 500 shot, and he consider- ed the Wolf would have been in extreme danger had a gale come on.
The Judge here asked "had not this public- ation a tendency to prevent others from giv- ing such assistance-Mr. Goddard said he thought expressly the reverse as it showed up by such persons their case would be taken
the press.
Mr. Bradshaw's evidence was then read. The Vixen was ordered by the Wolf to come. to an an anchor near her. She had, 144,000 Taels of silver on board. Thinks it was in consequence of the relief afforded by her that the Wolf got off. Two vessels have since been wrecked there. The crew were all dis- satisfied with the award-He thinks the re- muneration illiberal, and injurious to other vessels requiring assistance-The crew, help- ed to take the guns &c. on board-Witness did so and was unwell in consequence-The account in the Friend of China was not exag- gerated-The Vixen was detained 24 hours:
A. Matheson, Esq., being called as a witness and sworn, deposed that the Vixen belongs to the firm of Jardine Matheson and Co.-He awarded nothing to the Crew. The Secretary of Sir Thomas Cochrane called and wished him to do so the Vixen had not then return- ed to Hongkong-Mr. Waller said the service rendered by her was very slight and the crew were not employed at all--Captain Carr was not satisfied with the award, but did not ask witness's advice as to the course he ought to pursue-he said the assistance he gave was very important Mr. Waller did not make his statement as upon his own knowledge, but as what be understood-Witness thinks that according to Captain Carr's statement of the services rendered, 100 Dollars was not suth- cient.
Cross exmined by the Attorney-General -saw nothing on the part of Sir Thomas, or Mr. Waller to lead nim to beliure they wished to retri at from their offer to give a proper remuneration. When asked to name a sum witness said high Government officers were often stingy and he bell-ved Sir Thomas
so of the public money. was particularly
The Attorney General aid that Sir Thomas was of necessity discharging an office of high Ministerial duty, as at that time there was no court of Admiralty here.
The judge in summing up the case said the lib 1 was divided into two parts-- first a state- ment of facts, and secondly a commentary on these facts. The first was passed over. It was for ile jury to judge if there was a necessity first in publish these facts; secondly - was it necessary to publish this commentary. Had Mr. Carr rested with a statement of the facts, it is probable you would not have been troubled with this prosecution. Sir Thomas was not likely to have brought an action, and he was sure his friend the Attorney-General would not have taken up such a case. this was not the sting of the libel. It is for you to say whether Sir Thomas is charged with corruption, and if so it is a libel. In order that words may constitute a libel, they must charge a man with something criminal'; but in writing whatever tends to bring a man into contempt is a libel,
Bur
The jury after a short consultation return. ed a verdict of “Not guilty.”
MAX.
SHIPPING INTELLIGENCE.
ARRIVED.
31-Torgehin, (Dut.) Alley, Macao. 31-Osprey, Hust. Singapore.
31-Preciona. Cucullo, Macao,
31-Cayuga, (Am.) Sturburgk, Whampoa.
31-Eagle, (Am) Prescolt, Chusan and Macso.
Juss.
2-Janet, Dym, Sydney,
42-Vizen, Milne, East Coast.
31- JUNE.
Kelpie, Sime, Calcutta.
Corsair, Hubertson, Macao. galera, Tuxen, Surabaya.
1-PA
1 Island 1- Farel, 1-Osprey,
2 Résolution
Mr. Bradshaw, the first officer of the Vixen was on board when the Wolf hoisted signals of distress; his evidence was taken in this court before a Commissioner, Mr. Carr did not ferret out the circumstances; they were
BARRITALE brought to him by Captain Carr, who com
15th April plained of the want of liberality. I need not
Poppy, Ita press on you the necessity of rewarding sea-
DIFAL men liberally for such services, the lives of many often depending upon them. H. M's. Macas
Lo Ships are generally valued at £1000 per gun, the Wolf has 15 guns and may therefore be valued at £18,000, and for saving ber 100 Dollars are awarded-If Sir Thomas chose to take on himself the office of fixing the reward, he ought to have taken the strictest care to make himself acquainted with the facts.
N
BAILED.
Aiton, Whampos,
Singapore.
abell, Whampoa. Festman, Chosan,
Shanghai.
BEEPING.
2nd Falcon, from China, M. sicOrgrey, from Anjer;
15th April.
May 6th Artemise, (Swede) for
, for Caleutta. Carne-Pauline, (Bremen) and
As I Vironia HannounR.
dor, Capt. Graham.
Hoeer, Commander Collinson. Minden, Master Comding. Weslogton