No. 5044.–SEPTEMBER 6, 1870.)
can. But I also say that an apology has been tendered.
His Lordablp: Has written notion of that been given?
Mr Dennys No.
His Lordship: Then it cannot be pload ed.
Mr Dennys: Your Lordship knows the peculiar circumstances under which we come into Court, and how we attempted to settle it out of Court,
His Lordship: I know nothing whatever About that. By 6 and 7 Vio, you can only give an apology la evidence when wiltten notice has been given.
The position of either side having thus been stated, the Counsel for the plaintiff opened the anao..
|
THE CHINA MAIL.
| fendant; he is a reporter in our office. I Witness cross-examination continued at me; his face was flushed.
kaow plaintiff he is a reporter in the From 1864 to 1869, a period of five years, I something. I forgot what It was.
He said China. "Afail, I remember seeing the do- was with a firm of manufacturers of linen insay whether he said he was not well or Cannot fendant in my room on the afternoon of-it Forfar, Scotland, as clerk. I left them to what. He was not working when I saw may have been the 12th August; but I take service with a firm of merchants in him. cannot swear to the date. He came in with London, dealing in silks, &o. I was with When I saw Mr Emannel I said, Mr Smith He had some papers before him, some copy in the afternoon. I cannot tell them till 1874. I left their employ and was looking queer" the hour. I was very busy. I cannot re- came out here to Sayle & Co.'s. I was member the exact words; but I think he said with them 2 years and 8 months. I went perhaps he had been drinking a little.
What impression had you I thought plaintiff was tight' and was not able to do home then. I came out to the Colony on his work. I said:"You must have made December 5, last year. Immediately after-No, it struck me at the time I saw him.
His crdship: Was that an after thought? some mistake." He replied:No Sir, hemy return. I was engaged in winding up can't do his work." I replied:-"Indeed,"
Cross-examined :-Did he tell you he the estate of Williams and Kennedy. I had been up late with some friends playing or something like that, and he went down did various pieces of work as accountant poker I am quite sure he did not. I stairs.
until July 17th, I believe. On or about should have remembered that. Cross-examined: 1 don't remember what that date, I joined the China Mail as copy it was.. I think it was the Police reporter, and am there still. My original Court. It is quite probable he said he profession was a mercantile clerk and ne- has not done his work," instead of "he can- [countant. not do his work," I know one reporter frequently helps the other. If one, from any cause is unable to get a report the other paper may give it him; that is occasionally done.
I am still in the China Mail office. I have no notice to leave. I was not the first to tell Mr Bain of this. He spoke to me about it. I was merely taken on trial. If I suited I was to get a lengthy
Did you ever see, bim drunk i—No. You were not sure then he had been drinking?—No.-
Any smell of liquor f--No.
lo
He
Folice Intelligence. (Before 0. F. Cragh, Esq.) Saturday, September 7.
AN UNSUPPORTED GHARGE.
KNUCKLE-DUSTERS,
amount of abusive defamatory words gave the Jury returned a verdict:-For the distinct classes of exceptions, and this cause for action; but there were several large plaintiff; $150 damages.
His Lordship granted 'cos's, including the caze came within one of these. Thore fees for the Special Jary. need be alleged this, he instructed were cases in which no special damage
the jury, was one of that nature. was actually employed as reporter at the time the words were spoken of him. Had big einployer, with whom he was on trial only, or any one who bad occasion to employ him in the future heard this slauder the natural and ordinary effect of it would have been to prevent him from entering into schooner Mad-cap, was charged with great
George Stanley, a szaman of the British any permanent engagement with this younging a disturbance and assaulting a woman, man. The words were sach, they were The complainant failed to appear to prem used of him in his profesalonal capacity that the charge, and defendant was dismissed.
was entitled to como Into Court, without alleging special damage, the natural If he was drunk you most have amelt and ordinary effect of such words being to liquor from him 1-Not necessarily. Injure him. Was there any legal excuse,
Did he look sleepy -Yes.
Was the next question. He instructed near the market, yesterday, by P.-O. 657, Chan Abang, was arrested in Tank Lane Is that your reason for saying he them on this point that in the aye of the who saw him running away, pursued by What did you say 1 said he looked duty encumbent on him in the slightest man dropped an iron knuckle-duster from queer."
they were not in the same employ: he had his hand when he seized him. The man The Court: Was he sleeping?-He might no personal interest in the matter, nor was have been.
be solicitous for his master's interests, either of the night, playing cards, would he have However grod they might balleve his inten If he bad been up late the greater part of which might have given him privilege. presented precisely the same appearance?tion to have beon, however friendly his Precisely.
motive, it had no effect in law. There was But the impression which at the moment in law no defence that would osable drinking -X®. .
The Act of Parliament, however, put the They might bring in a verdict of not matter entirely in the hands of the Jury, guilty," but it seemed to him the only possible defence was that the words were a privileged communication, or that there was justifiable cause.
was
By the Court: Would it be against the Ingagement. I have not yet got that, nor drunk -I never said anything of the sort. Law there was not. Mr Emanuel had no another Chinoman ; on being arrested the
rule to allow your reporter to, of himself, give another anything the other had missed; or would he have to refer to you? It depends entirely on the nature of the necessity,
Are there onses when the reporter could do so of his own accord -Yes; he must use his own discretion.
J. Parker: I am assistant at the Magis- of years. He is a reporter of the China Mail. I know defendant; he is a reporter of the Daily Press. On the 12th, 1 saw plaintiff at different times between 2 o'cloak and 4.30, He was perfectly sober to all appearances. He most decidedly was quite able to do his work. I saw him copy the last oase from the depositions.
Asked,During the time you have known him have you ever seen him otherwise than sober?
Question disallowed, the plaintiff, the Court remarked, being presumed to have perfectly good character. The defence de- aired to prove no allegation against it. Police Court reporting is done is, or prin- Mr Dennys: The usual way in which the cipally is, by copying the depositions in the offies?--Yes.
stop to that, I think, the better.
His Lordship: And the sooner you put
a
the reporter There is a table there which Mr Dennys: You have a table there for they generally use,
offies for reportere ?-No, my Lord; they His Lordship: You have a table in your use any desk or table or corner that may be to apare.
He
He
I
done to show that you have? Witness: Yes; The Court: Has anything been said or Mr Bain's general tone of voice to me has not been so congenial to me since. He has not appeared to have that confidence in me that he had before,
This was the plaintiff's case.
I
arm..
work done ?"—You.
who was puraning the prisoner came up down with the knuckle-duster. As bis and charged bim with having knocked him face was covered with blood the constable took defendant to the Police Station.
Cheung Alam, a barber, stated that be was coming out of a house in Square
called out " Police" and aur the prisoner the queue and knocked him down; witness
the charge and stated that complainant had fallen down and hurt himself; he never arrested by the constable, Prisoner denied
had the iron in his hand and did not know He could clearly where it came from.
toll the jury the communication was not privileged, and the other possible detenes had been entirely abandoned, the absolute they found the defendant guilty, the next untruth of the statements was admitted. If question was, to what damages was the plaintiff entitled, They could not give him more than he claimed; under that limit they could fix any amount. He might tell them at once that he was entitled to more then nominal damages. There were two or three considerations which they might bear in mind as aggravating or mitigating them.
that is if they believed he had been actuated ciously, that is with real as apart from If they believed the defendant acted mali legal malice that would go in aggravation; by real ill-will. If on the other hand they believed he acted as he did out of no ill feeling to the defendant, but more out of a friendly or sort of friendly desire to do him a good turn, then even if they found him guilty it would there was any plausible reason for his be a mitigation of the damagos. Then if statement, any apparent ground or excuse for it, even if there were to real ground, if there was some reasonable excuse for his mistake, then that would be reason for a mitigation. The offence would then be less than one caused by the bitterest ill-will. On
into the evidence) swore distinctly that plaintiff was perfectly sober and able to do his work. In point of fact
he did his work. Then there was the
Fined $5, in default fourteen days' hard labour, and to pay $5 amends, or suffer fourteen days' further Imprisonment,
AN UNHAPPY CASE.
Charles Wilson, an unemployed seaman, was charged by P. O. 677, with being vagrant.
Witness found the defen ant lying in the Channel of the street, at the junctions of East Street and Hollywood Road: he was
ing and lay down to rest, soms one ame the constable had him taken to the station. bleeding from the head and could not walk,
and took away bis hat, money, and clothes. Defendant said, "I am not drunk, but I am got fit to be at large." Prisoner was or dered to be sent before the Colonial Sur- geon for examination.
Defendant stated that he had been drink.
who looks after the Billiard Room at Mar- Ngan a Leung, was charged by the ooolis ray Barracks, with stealing two iron bolts from one of the windows in the room, wit ness was in the garden while defendant was taking out the bolts, and called out to him by witness at the clock tower, and given in to stop; defendant ran off and was caught.
gaol for four weeks, with hard labour.
A STRANGE CASE.
Examination continued: - Mr Beale evidence of defendant and Mr Seth. said: You go np to the Police and do From the plaintiff's own statement there with a knife for a supposed unlawful pur Un a Kiu, obarged with being armed bia work for him." These were not the was a certain something that went to suppose, stated that he was a rice-pounder and ing brought to the Court as to the Governor work I had intended going home to put on appeared to be very sleepy in his office, proved to be correct, the constable had also [Owing to some mistaken anticipation be words, but that is the sense of them, so far port their evidence. Mr Seth said at about was sick; he had gone up the hill wide to as I remember. After doing some office 2.30 or thereabout plaintiff was asleep or look for guavas. He gave an address, which being expected to land very shortly, the my uniform for the Fire Brigade; but and looked up in a confused and sleepy learnt that the man was a steady workman Court adjourned at 11.30 till 2.]
instead I went back to the Police Court manner when tonched and spoken to. He and a good character, and asked for his and saw Mr Smith. I asked him if he had said his appearance was that of a person discharge. Prisoner was discharged. his work done. He said "yes." He looked who had not been to sleep the previous much more like himself. Afterwards, same day, we were near the tanks when the figures from the official and gave them to water was being measured." I got the Mr Smith when he asked for them. I had not the slightest ill-feeling nor malice in making the statement I did to Mr Beale,
night, or it might have been occasioned by little drink. There appeared to be some ground for the mistake. The evidence of Mr Seth and defendant and that of the other witnesses raight be all perfectly true and consistent; the one spoke of half-past two; the other of later hours, consider- ably so, for Mr Parker could not be certain.
On resumption, Mr Dennys addressing the Jury said the case as put by his learned friend was that reporter of the thina Mail; his reason for these words were used of the pleiutiff as a not admitting, when asked on the point, that plaintiff was a professional reporter would appear by and bye, when he came that these words were used by the defen- done for him, as to refer to the law books. His c.se was I did it with a view to getting his work Probably everybody knew how, after a night dant not only not maliciously but not even he was
Quotations.
OPIUM-New Patna, canh....45371⁄2 Roxoxone, September 6, 1879.
Mr Ng Achoy, addressing the jury, said his client, although not a professional re- porter, as stated by the Counsel for the defence, was at the time these words were apoken employed as a reporter in the China Mail office, as was admitted on the other side. The defendant is a reporter on the
do I seem likely to get it. On the 12th Daily Press. These two gentlemen, from
August I had no tiffin. I had been twice in the nature of their occupation, were often
the Police Court in the forenoon; there was brought together; they came in contact
nothing worth reporting then. I left the almost every day in the Courto On the
Police, and went round town, as it was my 12th of last month the plaintiff was up at
duty to do, to see what was stirring. When the Magistracy doing his Police Court work
went back to the Police I cannot say I did, as usual, and defondant was there also. In
and cannot say I did not, meet defendant in the afternoon, when his reporting work was done, defendant went to the office of the tracy, I have known plaintiff for a number remembered meeting him in the afternoon. struck your mind was that be had been them to bring ia a verdict of not gulity. Streat, when the defendant seized blm by
the Court. When I heard the report I thon Daily Press, as would be proved, and had a
I cannot say whether I came in and found conversation with the foreman of that ofice,
him or he came in and found me. There Mr Beale, in the course of which he spoke
are only three or four cases reported that knew Mr Smith when he was with Saple P. H. Emannel: I am the defendant. of the plaintiff and said he was at the
day; the same number appeared in the Daily Co., by sight. I have known lilm per Police Office drunk, so drunk that he could
Press. I had other business there that day onally since his return. I have known not do his work, that he had done no work
which would keep me an hour or so. bim since he joined the China Mail. We up at that Court up to that time. When
said nothing to Emanuel about being tired have assisted each other in the work. I asked in what precise state he was, he said, he is so drunk that he cannot see."
or having been up late the night be- fore.
remember the 12th August. I was at the He might have heard me He subsequently saw Mr Wilcox, the leasee
Mr Parker something to that effect.
tell Magistracy taking my Police Court report, and editor of the Press, and repeated the
There was only a Chinese clerk there, iu statement to him, that Smith was drunk
tired. I saw Emanuel the next day, and in. He entered excitedly, sat down at the had been up late the night before, and was the room with me, when Mr Smith came and could not do his work. Plaintif was
asked him why he bad been saying this table, laid his head down on his arms, he a gentleman pretty well known in the
about me. I told him I had not been drunk. Colony; be was certainly known to these
"O," he said, "it was only a lark," or
Eat up a moment and scribbled some two gentleman as a reporter, and it was fu this capacity that these words were spoken
had told Mr Beale, but that only. I did not moment. words to that effect. I then knew that he figures, then he laid his head down on his I had occasion to go out for a of him. That must be from the very words
know he had told Mr Wilcox. I told him, was there; he looked at Mr Smith, then on When I came back Mr Seth themselves, Bis learned friend did not set up the plea either of justification or privi
after I knew that, that if he wrote himself to me; I took him to mean there was some leged communication; but, under in
down a liar or contradicting what he had thing wrong with Smith. He then went said, which would make him out a liar and out. atruction of his Lordship, he might inform the jury that if a man makes a statement
him. When I joined the fail, I was taken speaking in his usual tone: No; not give me an ample apology, I abould forgive him if he had his work done. He said, not I then spoke with Smith, I asked
which is false and he has no justifiable
on for a month or so on trial. I have not yet. Bis face was red and his eyes were cause for it at the time the imputation
the trial time has passed. yet been employed permanently, although draway. I said It won't do for you to was made-that is, that there was no occasion for then in point of law
By the Court:I have never asked Mr commence like this. (He had just begun it was a malicious statement; malice
reporting for the Mail.) "Well," he said, Bain as to a permanent engagement being was on the booze last night, with a was inferred. In proof of this, Counsel To Mr Deanys:-I do not remember Mr made. My brother saw Mr Bain and gentleman who was going to reosire some quoted the latest authority on Slander, Smith going to or coming back from tiffin became surety for my sobriety and steadi-money, and that kept me up to a late bour." whose writings were founded on Starkey, that day. If any one said it was nearerness, and I suppose said I was smart enough After that he did not commence any work. the most celebrated anthority on the three than two when I saw him first I should for the work. It was only after that that II thought he was very queer. I went to subject. Speaking of malice in law (p.admit it might be. I think Emanuel had was engaged. 294, 4th Edition), he said "When the gone. On second thoughts, I think I saw
the Daily Press Office. I knew Mr Beale Imputation is false in fact and is published Emanuel that afternoon.
Witness stopped by the Court; he could as a great friend of Mr Smith's and also of not testify as to what took place between his brother. without justifiable occasion, the law implies By the Court: I cannot say whether I Mr Bain and his brother in his absence.
I went into Mr Beale's malice, and where the publication is saw Emanuel after I saw Smith. His face
office as I often do going in.
I told him injurious on the face of it, and whether the was not any more red than it is now. His he had any reason to believe that he had I said I did not like to see him in such
The Jury desired witness to say whether Mr Smith was at the Police Court drunk clanderous words used are actionable or eyes may have been red; he has weak eyes. been injured in Mr Bain's estimation with not, the law presumes daranges whether He said he had been up late previous night. regard to the permanent engagement. Couldn't wo I of (his Lordship wont
predicament. He bad no work done, this point they had three or four witnesses, charge. Defondant stated that be picked injury was intended or not." If the de-He did not say till 3.30. He did not Witness: I think I may have been. fendant had no justifiable cause for making say "playing poker and drinking."
work for him, or as you are so friendly these statements then there was no doubt certainly did not any he had been on
with his brother, to get his work done." he was guilty of malice in point of law. the booze." There are on an average 36
His Lordabip Did you say "to get bis With regard to plaintiff's condition it would cases at the Court. I cannot say how many be clearly proved he was quite sober; that he reported that day; they report very few. defendant's statement was utterly false in By the Court:He was not gesticulating every respect. It was immaterial whether nor was he excited; nor did he appear defendant thought he was drunk or not. in any way to have had liquor. Unless there was proved before them to-day looked tired. I did not see him in Ceurt. justifiable cause, he had no right to make Court business finished that day about half that statement and must abide by the coose past four. I do not know if he had been in quence of his having done so. With regard the Court that forenoon, to damages he had not laid any special W. Goulbourne:-I am olerk in the Vic- damages; that was not required. Hetoria Gaol, I know plaintiff and have claimed general damages, and he believed known him for some time. I remember he was justified in doing that where and perfectly well seeing him on the 12th it was so in this case-it was not easy August between 4.16 and 4.46 in the after to estimate the exact amount of injury noon. To the best of my belief he was per- that was the consequence of the slander, feetly sober. I should say he was quite In such a case they
were to take able to do his work. the whole facts proved before them No cross-examination. into consideration, and would thereon award the plaintiff such amount of damages as they believed he was entitled to as com- lead any one to believe he had been drunk careleaaly, but in the full belief that they When he met me next day he asked me quarter of an hour's sleep put one all right. to do it for himself, spent without sleep, ten minutes or a pensation for the trouble and anxiety and or drinking? No. He was in the office expense he had been put to. As he would writing; he left the office at the same time but on the contrary to save him,
were true, and not only not to damage bim, whether it was true that I had told Mr again. Such occasion as this for the erro have further cosarion to address them he as I did; Mr Parker was with us.
He Beale he was drunk on the previous day; nous conclusion Mr Emanuel hastily jump- said he would not detain them longer, and Carl Wasezius: I am engineer in the would lay before the Jury the evidence of he told me how he had heard it. I tolded to, they were entitled to take into con- proceeded to call the following evidence: Government Fire Brigade. I remember Seth. The latter, who was the first clerk seemed quite satisfied.
two witnesses only, the defendant and Mr him how I had done as I did, and he erally he had aid plaintiff was entitled to sideration in mitigation of damages. Gea- J. Beale:-I am the printer of the Daily there was an inspection of the Fire Brigade at the Magistracy, was present--he was
more than nominal damages; the jury, all Press, I know Mr Emanuel; he is engaged between 5 and 6 o'clock on August 12th. I
The Court: What did he say or do to gentlemen engaged in business, could say the only other European present-in in the capacity of a reporter. I know Stuart know the defendent; a reporter of the Mail, the office that day, when Mir Sunith show or lead you to believe that he was what injury such a slander sa this was calcu Fraser Smith; he is a reporter in the China I remember seeing him on that day. I
satisfied?
Iated to do to a young men entering on em- Mail. I remember the 12th of August. gave him some information; of which he were there, and he would tell them exactly
India, Wire,... Witness: He said, "Well, Emanuel, ployment here. It did not follow that bo- Defendant came to my office between 4 and took notes for the paper. He was then just pression that day was precisely the same aa
what the plaintiff's condition was His im-I am quite satisfied with your explanation, cause no immediate injury was caused bita, a I think; but I am sure between 3 and 5. as he is now;quite sober.
and am sure you did not do it maliciously. therefore the slander would have no after We spoke Mr Emanuel's was, that somehow or other Will you give me a letter of apology to effects.
Shanghai, demand, He spoke to me and said, so far as I can together for some fine. I saw the report of he had taken a little too much drink that that effect? I told him I would.. I first not only what has but what might arise They were entitled to considor
80 days sight, remember the exact words: "Emith is at the Brigade in the paper. I saw him next day and was not able to do his work. The knew that the case was coming into Court from it in the future; not only what
Gold Leaf, 99 fine the Folies Court drunk," I said: "What day. I said the report was a correct and conversation that would be deposed to by when I got the summons. I was not sur-might arise with regard to his present em-
Sovereigns, ... do you mean? How drunk P "So drunk," able one. he said, "that he cannot see" then either
Mr Dennys said this had nothing to do justify him in the impression he formed
defendant was sufficient, they would find, to prised, after the letters I had received. "paper" or "pencil," or "neither paper nor
ployment, but in what way and to what extent with the ease. He did not contend the at the time that he was the worse of liquor.
one who would otherwise have engaged bi It might affect big future; in what way any pencil." I said: "What do you mean
plaintiff was drunk at all. Has he done no work? Defendant, know-
His client went down to the Daily Press
would be influenced by it and to what extent The Plaintiff-I am at present reporting ing I was on terms of intimate friendship for the China Mail, I remember the 12th Office, and saw Mr Beale, who lives in the with Smith's brother, said Don't you August. I did my work as usual that day. great friend of his and a great friend of his was red, his eyes flory; he came in quickly, Lordship sald
plaintiff might lose by that. After summing esme house and messes with plaintiff—a
Describe his excited manner ?-His face up the points he had already laid down his think you had better communicate with his I went up to the Police Court and did the brother's told him what as he believed mumbled to himself and cat down at the to make it reason for complaint that Mr Achoy appeared brother " I said:"There is no use in my work there, I should think that was about was Mr Smith's condition and suggested table. doing that. His brother cannot go up and 2, or between 2 and 3, and remained till 4.30. what he thought was the best way of do his work for him if he is too drunk to do I went to the office and gave in my copy saving him from getting into disgrace with I thought he had been drinking.
after admitting that the stafoment de- What was your timpression at the time?-fendant made was untrue, Mr Dennys it himself. Neither can I." In answer to tice. I reported it. I was perfectly sober for speaking to Mr Beale. Mr Wilcox was and went then to the Fire Brigade Prac- his employer. That was his only reason
bad thought it right to call the evidencs he my question he said:"Smith, has done no all day. I have known the defendant some very busy as he had told them, and could
Was that your honest impression 1-It did to prove justifiable caure. Mr Dennys work; he has taken no report." There was nine months, that is since my last return to not say whether he said he had not done or thought he was,
was perfectly right in doing that, and he some other conversation not immediately
Did you believe be was drunk-rather congratulated bim on the good taste concerning this matter. Shortly after this, the Colony. Since I have been reporter I could not do his work. Defendant would
and good feeling he showed in not putting he went upstairs, I saw plaintiff about have never asked him for assistance,
any question liable to be misconstrued as half-past seven that night. He was then
prove that he told Mr Wilcox that he had. By Mr Dennys: I have never asked him, not done his work, and he then went back
reasserting anything against the defend- perfectly sober, and had no appearance of nor have I ever received any assistance from to the Police office to see if he could bely
ant. He did not even ask him if he had having been recently drunk.
him. On the Saturday preceding August him. He found Mr Smith writing out bis
boon drinking on the previous night. He By Mr Dennys: Did defendant say to you 12th, or on one occasion of a shooting match, report and apparently all right. If they that you should get Smith's brother to talk Mr Emanuel took me aver in his boat, which believed the story as it would be told
the plaintiff, in admitting he was perfectly did perfectly right in refraining from casting any dirt, or attaching any imputation to (Taken at Messrs Falconer d. Oo's Premises, to him? Witnes: There was no such phrase was towed over by the P. & O. steam launch. them by the defendant, he believed they
sober; and at the same time he was per- as "talk to him" used, It was only with went more for company to him as he said, would have no difficulty in giving a de
fectly right in showing or attempting to regard to the immediate work to be done. The favour was more on my part than his. clsion in his favour. They would no doubt some money.
Mr Dennys: Defendant suggested that you I had other opportunities of getting across, be told by his learned friend who appeared
show, that there was some ground for the should get plaintiff's brother to do his work It was certainly not done with any view of on the other side, if he had not told them Cross-examination:-I remained there for mistake into which his client fell, that for him-Witness: He suggested I should letting me be in time for that evening's so already, that plaintiff came there with no some ten minutes. I then went out and was, that Mr Emanuel had no real malice write a chit to his brother. I presume with Paper, or any-sooner than I would have been vindletive motive, but had been forced did not return till after I had been to the (apart from legal malice) in acting as he THERMOMETER AM a view to his getting his work done for him, otherwise. I do not know that he has any into Court. His own evidence he believed office. I was in the room when Mr Seth did. His Lordship said the Jury might getting him out of this predicament. He lies against me. I do not know why he had negatived that altogether, He bad came backwards and forwards between the now consider their verdict. said nothing about getting his work done for should. I never did him any harm. But I told them that he would accept no with two room He did not speak to Mr Smith Mr Achoy said his Lordship bad not re- him. I mentioned the immediate question should judge he has, by his spreading these drawal or apology, which did not write the while I was there. In the course of con- ferred to the stander being repeated. of the work that was to be done myself. false reports abroad. am 28 years of age.
Mr Dennys: Did you suggest to defendant Mr Dennys asking witness if he could tell misrepresentation. He was bound to some Smith was tight up at the Magistracy and defendant down a liar, one guilty of wilful versation with Mr Wilcox I told him Mr
Hi Lordship row the attention of the that he should do his work for him? Wit them in what way he had been employed into Court, and risk their verdict, so so to that he had not done his work. I met Me Jury to the fact that while some reason, nets: Certainly not. I said he should have during the latter years of his life, witness avoid acknowledging himself a wilfully per Smith after four and asked him if he had or attempt at reason had been given for his done it for him; not that he should do it said he was. --
Mr Ng Achoy objected to this line of jured individual. Mr Dennys then called get his work done. He said he had. He statement to Mr Pealo, whom he said he
did not say he had done it.
viewed as the friend of the plaintiff to Mr Dennys: You mess with plaintiff cross-examination was the witness to be the two witnesses he had named.
whom he desired to do a good turn, there A. Seth I am the first clerk in the Ma Mr Dennys and Mr Ng Achor having seemed to be no such excuse for the words His Lordship said the law upon the point Court. In an office adjoining, the reporters
gistracy. I have my office behind the respectively addressed the jury,
spoken to Mr Wilcox. His Lordship summed up. In beginning was quite clear; it might be an inconve- are in the habit of sitting to take their. re he dizented them to dismiss entirely from going and doing the plafatiff's work for him. Mr Dennys: It was with a view to his nient one, but it was laid down very clearly ports. Most of the reports are taken in their minds any idea that they were by And dafendant knew that P-I believe he a man who came into Court to vindicate his that way. I remember the incident which their verdict either to panish the defendant
His Lordship: 1 noted the evidence very may have known it. I do not know he did. character must show that he had a character has been spoken of hare to-day. I cannot for what he had done or to deter him from carefully on that point, and there is not one
To the Court: The inference I drew from to vindicate. He might assure Mr Ng A-swear that it was the 12th. the defendant's suggestion that I should com choy that he would at once stop any irregu- Emanuel there that day after tiffin. I re these were absolutely without their daty
I saw Mr doing anything of the kind in the future; word in the evidence of either on the point. municate with plaintiff's brother was that lar questions,
The Jury, after consulting five minuter this should be done with a view to getting
member seeing Mr Smith in the office too; they wers simply to find the defendant but before retiring asked whether the Mr Danays said he had no intention of that is in the outer office. He was sitting guilty or not guilty of defaming the plaintiff; verdict carried costs, or that matter lay with his work done for him. He did not, how-going improperly into the plaintiff's charac- down with his head on the table over his and assess what damage if any plaintiff was the Court. ever, say anything about that.
ter; he only desired to know in what way arossed arms. I touched him and said entitled to. The whole ose lay in their EO, Wilcox: I am the lessse of the he had been employed ? what was his stand-Me Smith, are you not well Have you hands, it was his duty merely to state to them the discretion of the Court
His Lordship: The costs are entirely at Hongkong Daily Free I know the de- | ing as a reporter ?
got a head-ache ? Es got up sad looked
After an absence of a quarter of an hour,
now,
Witness: I dine at his brother's house.
Mr Dennys: You have your meals at the same table-Witness: Frequently,
How often?-Once a-day.
By the Court: Was he excited or was there anything whatever queer about him to
cross-examined as to his whole life ?
able
I did not think
from his letter that the case was coming Cross-examined:-I did not understand into Court. To tell the truth I thought he was trying to "blaff" me.
Wid,
The Court: By "drunk" you mean still under the influence of the drink that he, as you believed, had consumed 1-Yea time 7-Some ten Inutes.
How long were you in the room that
pokar i-He told me he had been on the Did he tell you he had been playing booze" and had been playing cards all night with a gentleman who was to receive
the law on the matter. In most cases no
11
17
1
IF
"3
Old
CASİ... - New Renares, cash, 610 Old 11
New Malwa, oredit, 780-
Allowance
Old Malwa, credit, 740 Allowance
cash,****
Tools,→→→
Thola
Exchange,
Bank, Wire,...
3/7+
""
30 days' sight,
3/8
23
4 months' sight,
3/8
Credits, 4
3/84
Documentary, 4 months' sight, 8/8).
*
*K Ex
[221 922 demand,...
720
170
731
27.50 5.38
Shares. Hongkong Bank, 63 % prem Union Ins. Society of Canton, $1,800 China Traders' Ins. Co., $1,378 North China Ins. Co., Tis. 1,250. Yangtaze Ins. Assoc., Tis. 710 Chinese Insurance Co., $385 H.K. Fire Ins. Co., $775- China Fire Ins. Co., $190 H.K. & W. Dock Co., 18 % prem. H.E. C. & M. S.-boat Co., $12 prem. Shanghal Steam Navigation, Tla. 11 China Coast St. Nav. Co., Tls. 93 Hongkong Gas Co., $70 Hongkong Hotel Co., $65 Obina Sugar Refining Co., $155 Chinese Imperial Loan of 1874, nominal,
Do.
of 1877, do. Temperature.
Queen's Road.) HONGKONG, September 6, 1879,
BAROMETER- Do. Do.
9 4‚M........ 20.092
***
1 P.K.... 4.F.M...
29,950
D43
81-
Do. Do.
1 P.Mus
8L
Do. (Wet bulb) 9 A.x..
78
Do,
78
Do.
4P, M.
Do.
·1 P, M Do. 4 F.K Do. Maximum
Do. Kialaam over night
Shipping Intelligence,
LOADING FOR CHINA AND JAPAN PORIN, At London-Steamers via Sues Canal Lord of the Isles. Glenearn.
Langland
Deucalion (5.)
Glenartney, Loudoun Castle,
Balling Fessels.
- Sarah Booth; At Liverpool
At Hamburg, Carmelita & Ida Hakon Adelatoon (Norg, ..) Livingstone.
Papa, Gleneagles (Eng
Capt, Maßaine G. Broughton,