No. 5862 --Avouer 28, 1881/1
SUPREME COURT. IN SUMMARY JURISDICTION." (Before His Hour, the Acting line Judge, Tisselly Begi
Thursday, Aug. 25.
WICKING V. FRASER-SMITO.
for $1000 as damages for at libel published in the Hongkong Telegraphe
nelled
A Jury consisting of Mesare H., G. James, J. A. Mosely and K. G. Bird were empan The Judge said that on looking at the pleadings it seemed that the matter might be brought to an amicable arrangement.
Mr Hayllar said he thought that was impossible. The 5th plea set out apecial state of facta, out of which it was estim sald that these articles arose. The publica tion of the articles had been admitted, sad
?
THE CHINA MAIL
see that Mr Fraser-Smith was perfectly ungentlemanly and uncalled-for; that the justified in stating here that Mr de Soum so-called estimate was worthy of the man nover requested Mr Wicking to look over who wrote it; that I would guarantee Seua his agreements, and never solicited his ad & Co. no I would pay them every vice. Hia letter of the 7th June was one cerit they could show that they had lost of these half trutha which were sometimes through their contract with me. Mr Wick worse than deliberate falsokorda. Again,ing then suggested to Mr Sound to under- the correspondence about the business of take to print the paper for a week. I said the Telegraph had originated with Mr such proposal was ridionious. He then Wicking himself, and it was only after re-repeated his advice not to have anything to peated pressure
that
Mr de Souza would do with it at all. Mr Wicking then went five him a papore at all. Wicking outside. I went outside too; I felt inclined Mr Bain, that he could not do the work informed Mr de on the opinion of to
Mr Hayllar: O, don't bounce. he was aired to do for 8150, under
Examination continued I told Mr Wick 3450. Mr de Souza took fright, and then ing that he was a mean hound interfering wrote a letter to Mr Fraser-Smith, dated in business that did not at all concern him. the 7th June, to the effect that owing to Mr Wicking replied 1 pm only doing this certain desire for business be had made for Mr Souza, because I have an intereat his estimate so absurdly low that in him and have had something to do with he could not do it without loss, and his affairs and his father's cold hina I that he had been informed by a great au- would publish the whole affair. He said thority in the Colony that
that it could not be hope you will truth of this libel. It would therefore be
I had not heard how Mr for his learned friend to begin.
extremely sorry as he
he had made arrange-Wicking came The Judge said that in the paragraph
ments. He hoped Mr Smith would be able did not know to be mixed up with it. I any interest to make other mentioned it was stated that the article in
Mr Smith in the boy. replied testion was published bona fide and with- that, after
Mr Francis: Had you any reason to out malice. If they could successfully main had learnt that Me de Souza was inund to believe that Mr Wicking had any interest tain that it was a privileged communien-carry out the printing of the Hongkong in the China Mail? fion, was for the other side to show Telegraph on the terms mentioned. D
Question objected to. was quite willing to give the printer a gun.. Objection upheld. exprom inalice.
rantee that if any loss occurred to him he Witness is then akud --Why do you say would make it
it up to him.
On the strength this about your supposing that hu represent of the agreement mane,blication of the
he had entered ed the Chir Bad? into arrangements for
Defendant; It is ubrally known in paper on the 15th iustant.
You said his conduct was ungentle manly?--I did.
Do you think that that was the way to avoid a public scandal -There are different ways of trenting different people,
for this young man's benefit you rushed to or this young man's benefit you rushed to the conclusion that he was telling a lie --
You told him he was a mean hound I did..
as before knowing what I did know, I did consider it honest; and I do so now.
Don't you know it was in answer to that letter that Mr Wicking came over that afternoon when you insulted him so grossly?
honestly to the best of his belief, why do you write all this stuff-I attack him ba- cause he was not justified in doing as he had done.
Re-examined-In foot you say bloat deckle have declined to interfore!
Mr
The application you made to the Colonial Scoretary was the only application you ever zade
to the Government Yes, to the Colonial Secretary for printed papers and copies of letters, made by the clerks, I The one was then adjourned till half
he pit. Witness: I heard a report that the Governor was subscribing for 50 copies of the Telegraph. It was first mentioned to me by Mr Harry or Mr David Crawford. They both mentioned it to ine. Dr Mar quas also did so, and a number of others, They asked ma if it was truq. As a matter
know was nothing of th. Do you know Now I want to know this: Do you Most decidedly. of face it is untrue. I made inquiries and
that this had been writton when you With reference to Mr Smith, you now was told that it originated mainly from the Yas. Chino Mail. When I wrote this I honestly. And that he was in a conspiracy to ruin Restion of it, to the best of my belief.
published it Of course; I was in possequit him of any deliberate intention of
injuring you Certainly believed it to be true. Some time your projected paper had no You reproduced two of Mr Viking's Do you believe he was going on inforin- wrote the article I wis about to engage Mr thought of a gaspinaty then. He might letters, none of which were accurate atium received from Mr Bain --Meet Beale. I I was negotiating with Bende.. have been acting us a simple individual did
tainly I do Something interfered with our arrangement. the Ching Mail I did not have time to Now you made a mistake in saying that Lettor read from Mr Bexle, no date, but think in that sudden meeting with hun at the cost of the paper was $1341-Not on my endorsed by Mr Smith 29th July, stating Souza's of any conspiracy, but was lod to part that, as he had said he would, he had taken believe in it afterwards.
You published it so. Since then you got 24 hours to consider the matter of their
if 8161-Yes. proposed arrangement and that his answer was that he could not entertain until it was proved to his satisfaction that the statements (not specified) made to him I are
had before this told him that Mr Robert Sauth, the sub-editor of the Uhina Mail; had atuted in a public place that the
of Messra McEwen advertisements of Frickel,
Messrs Lane Crawford, Mesara Kelly and Wash and others were dummies, and to be inserted free for statement was grossly tha
I wrote-to Mr Robert Sinith ou the subject. Wishing to avoid a scandal I wrote him a polite letter asking him where he got his information. (Letter read. Be sides asking on what information he had
Did you publish that in your papier-presume. Certainly not; it is private business,
Why did you publish your private business past ten o'clock to-morrow morning. about 8134-I had a reason; I did not taken against me.
the substantial question would be as to the done under $400 a month, and that be was At that time your estimato too. utterly devoid of truth. He (Mr Beale) on your part to use such language -No, publish this because proceedings had been
Francis said that, on the grounds which were stated in the body of the arti- cla, the doings of certain gentlemen amely, Me Wicking, Bain and Robert Smith, had given his client reason to be
DOWN..
taking legal advice, he
Mr de Souza failing to carry
Ha
proceed
beed
An
від
werd
That is not complimentary --I did not mean it to be so,
Did you not think it ungentlemanly
not under the circumstances.
That is your method of canduating a con troventry 1 Sumetimes.
You call him a bull Laughter).-No answer,
You talk of taking the bull by the horns" or the "ass by the cars "and treating him to a fair back-fall; was that himintaniled for Mr Wicking It is a very old saying, and may be used when one is speaking or writing of grappling with a difficulty.
I never heard the phrase 'taking the ass by the ears' used for "grappling with a
have.
Chima.
RHANOMAL.
(Merenry)
The Chinese Telegraph has been com- pleted as far as Soochow A message from the Futai was received by Mr Helland con guntalating him on the miccees of the work so far.
Now we come to the next point, the article about the wüboration of the Telegraph by the Governor for the purpos of attacking one of his subordinates. This article refers to a good many official doen ments, and amongst other things to the application by Messrs Gibb Livingston & C. on the 22nd April, for a license for this From the North we hear that Mr F. B. atemanship-Glamis Castle. Did you have Forbes, Chairman of the Slughai General that before you, when you wrote that Chamber of Commerce, is at Tientsin for article -Certainly; I applied for it to the the purpose of gutting the Wooning Bar Government.
dredge, and to facilitate mintters he is make your application in offering to procure for drogers through his
firmu.
Did
Hove
What
In the event of the colony that Mr Wicking and Mr Bain told Mr Beale so and so, the writer cha difficulty ming of bad language, to be writing? love that they were acting together against contract, he would at once takuut his are very great friends, and i have heard it | raclarized the statements as above set forth i
There is a interests, and his position as
the reported, and I believe it is generally to be scandalous lies, and wanted to know suv, Then you call Mr Bain a lion, and
you a copy of it-The Colonial Wo hear that the Municipal Council have propitiates and publisher rojuired ing As far as his fronds Musta, Wicking believed, that Mr Wicking has a monetary My Suth'e object in spreading snch to the Mr Wicking a jackal --Very good similes, Secretary will have one. Before I started given up their point, with regard to the that he should defend himself in the only and Bain were concerned he would have lived so at the time and have had mo7 with a threat that in the event of his not † so now Yes. I suppose. Do you say the paper I made application to the Co: Southow Creek Foreshore in the dispute
interest in the
I honestly injury of his paper. The letter concluded You thought su way he could do by addressing the public opportunity of dealing with them in another
I do. (Groat Inughter.) tonin Secretary to have all documents of with Mr Cory, as agent for Mr Ince, through the columns of lús newspaper. His place. As they saw, Mr Fraser-Smith had reason to change my opinion. I saw Mr getting antisfaction he would take other Then compare yourself to a camel
threatened legal proceedings,
interest furnished to mu Bir de Bourd Soties that afternoon again; I advised him (steps). I wrote Mr Smith again two days with a brokon back. That is another of Glamis Castle documents I got, with many ground in dispute, and have paid ris, 1, 500
public
The they have given up their claim to the Lordship would sms that if the then applied for legal advice, but unfortunato consult a solicitor. On the following after, and received no reply. I heard front your good similes, I presume ?-Yos others.
their action which will be re- damages for Mr Marr, my reporter, that Mr Robert very considerable portion of the facts
And you have yourself in here 13-1 must be taken to be true. Mr Francis whole of his papers with him, and so the (Letter real offering the guarantee &s. It believed that his hon, friend was correct into the effect that he was not bound down. Mr Wicking and Mr Bain, I aball
advice on the peper na they then stood was contained the passage,ne for your friends asking Mr Bain's advice. I get no answer not coure yet. Psaying that the
sonus of proof lay on his.
deal
even after that time to my letters.
Witness (voluntarily)-At the instigation The Judge said he wished to get the to the particulare and details which were with them in another place." Another note proof of the malice.
included in the written niemorandum. Of read, from Mr Sous to Mr Wicking, stat of Bir Wicking. Mr Francia, said it the onus in the first course that was very soon putright, because, ing that Mr Fraser-Sanith had been there
Mir Hayilar: 0: instance lay on him in showing privilege, it when the whole of the papers were put threatening a suit, and.
Witness: Ihad experienced nothing out onlemement by lay with the other side to show express forward, it was clear at once that Mr de Mr Wicking in two portions, is already of the way besides the matters there ro
Sonza had absolutely bound himself down given.) Received on June 8th letter terred to opposing any progress. Thonestly malice.
Mr Hayllar said it was founded on the to take the work for $150, and that he of that date now put in: (letter read, believed that in these matters Mr Wicking, case of the Bishop of Sodor and Man
was required to carry it out accord- stating that he had taken advice in Mr Bain, und Mr Robt. Smith wore working manity" Who were these The three ply by inferring from the documents in any such red hare. At first he thought Sir Francis said the plaintiff in the case,ing to the terms of the agreement, this matter and would not do everyt
many of which he had himself suggested for the sum that had been spoken of
Gibor, privilege could fairly be raised a tely in the first instance did not bring the day I wrote him the letter preduced;Smith intended sleeping over it, and then broken-backed man The last stauw has Glam ocunignts did you get about the mombered as." The Battle of the Creek,"
I
if
Castle! The whole of the documents were in the Government Gazette.
You put official documents in every day! Not every day, but often,
You have the notes of the examination:
there
ENTSIN
that
foreigners aro not
were
(From Mercury Correspondent)
August 2nd. Since my last there is no important news Tho Into Customs Tantai is still in Pe thing wore these in printed form ? Every-
£21 printed sheets. You any here that Captain Thomeelt,
king, receiving instructions for his mission to the United enigration officer, considered his prerogative will spend his time more usefully than ho
States,
where it is hoped he infringed. How do you know that?--Sim- did here, and learn
barbarians
ho thought they possession.
when he These are the documents in the Gazette that as a high official, vis, a Taotsi, he Would you show where his prerogative had and eat them as he pleased; but hatterly documents in my possession. It is simply against him. The American papers may be the tone of the letter that shows he re-more inclined to like him than wore the
Barbarians of Tientsin. Where does it appear in the official papers From Newchwang news comes that it that Dr Eitel Toft the office in disgust rained very heavily on 18th, 10th and 20th was the commoni talk over thu Ce-July, so that from Moukden and 500 1
thing together. I havo.no personal dislike to Mr Mr Harry Wicking, set out in his petition the strongth of his first legal Brand I and Mr Souza, saw you together sidered necessary self-defence, and against active part in establishing and successfully been infringed, inferred it from the ho found he could not as everything werd that ho was a merchant and commission Mr de Sousa had written another
On
repeatedly called on yon Oir Francia; we have been friendly for years.,
burned the
the article purely in what I con- agent, carrying on business in this Colony. The defendant was proprietor and publisher After this a couple of articles had appeared in afterwards, and the result was that Souza persons whom I honestly believed had an of a newspaper called the Hongking Tele- the Telegraph, commenting out graph, published in this Colony. The
Publiothee
Then you allude to yourself as a horse, wo chafed at the bit which galled us and waited and watched." That was you !-- You.
You had the bit in your teeth and waited and watched Yes.
Then you allude to certain exceedingly trail specimens of a greatly maligned hu- gentluncu referred to in the article.
Your allegories are beyond me. Then, "you have, many years ago, taken au running three different newspaper ventures in London:" what were these? The Sport connection tint is, I mean, the agreement was Anally
Defendant, cross-ex
-uzanined by Mr the case of the Slamis Castle. On the assented to.
lar You have had a reconciliation. You the Poultry Garette. coinments on those articles
The Court at this point rose for tiffin at wrote him a letter.I did.
And you have had experience in editing? (Letter put in and read.)-It contained a │- Yes, itself to the having
the examination of defend passage to the effect that he felt that out- 21 rusuming,
in
deliberately and maliciously to In the petition certain
traduce the Telegraph was commenced on June 10th fere with some other matters in which they portions of the article were set out and of his officers. That of course was at once and has since been continued, on these were concerned. He was willing to evan In
| certain portions were omitted, and certain and promptly dooied. A day or
or two after.tering,
turns, Firat before writing the artiste
go further and Aay that he did not now be portions of that article had
sean-wards Mr Beale, who was negotiating to asked Mr Souza what his expenses had love that he (Mr Robt. Smith) did in- 1 special mean special references. The first para- join Mr Smith on the Telegraph, was told feen for the month. It was from his state- tend to injure him or his paper by what graph had the special meaning put upon it by Robert Smith, sub-editor of the Ching ment to me then that I asserted it was $134, i was sandoubtedly a very liasty and indiscreet that the plaintiff formed one of an interested Mad, that many of the advertisements in I have since been furnished by Mr Lubeck speech). digue. Mr Francis thon quoted a portion of the Telegraph were duramies, and Mr Beals with a more detailed estininte front the Then he is not one of the conspirators ? | keeper on this side your leaving the Dock the Harbour Master's departwout was an favour of it.
Plaintiff stated that on the 2nd instant with Wloch were publishedgration agreed to carry out the original agreement, interest in running down the par, Hayling Heview, the Bow Church Magazine and sonted interference.
བ
Telegraph with distinctly charged the one o'clock.
the defendant falsely and maliciously following day printed and published in the said the China Mail: then read the whole of the article Governor, for the purpose of enabling him ant was continued: The publication of side matters should not be allowed to inter--N You come out here in that capacity? [lony. Dr Eitel nover opened his lipa round, the plaits are from one to two feet
Mr Francis Articlo
newspaper a
ing
and
libellous
the article. Lower down in the article thore told Mr Fraser-Smith that until he was sa-
thoretisfied he refused to join the paper. was reference to a precious confederacy lud beses perfectly satisfied, and since then was also stated in the petition that this had joined the paper. When Mr Smith was Mr Bob
Robert Smith with ent
how he made such entering into a con
statement spiracy for the purpose of putting down and tentan had given no reply to Mr Fraser
Smith's letters. Then another report had injuring the Telegraph. The defendant
and asked
How have you been employed lately
the Dock. You were the accountant i-Yea
under
water, which has for a time
nie stopped communications.
Mr F. B. Forbes, of Messrs Russell
have it that he is laying terms before Li Hung-chang respecting the management of the China Morchants S. N. Co. by his firm. Chinese believe that Lá Hung-chang is in All hope that it will result in that; even
to me on the subject.
Here is another thing. Soon after Dr Stewart and Mr Gerrard had left the Did you keep the books No. the ac of office, Dr Eitel returned by order Co., is here, Hoth foreigners and Minese
Excellenty. Where do you got sountant does not keep the books. that I believe from the columns of ve Who was or is the book keeper Mr of the local papers. The China Mail I Souza, a Portuguese gentleman, is book-bulieve. I
I could find it for you. Where do you get the information that books showing 8151, I gut
I got that about the I do not say he was not.
You have said that Let us know then how he atands. If he Company was through something connected angean stable?I did not get information that bir Wicking was employed as a shop has itune nothing I don't want to drag him with racing. Do you mean that the horses at us. It is common talk everybody war janks of Chefoo, nuw in dock, was man in a stove in Queen's Road. in oftener than necessary. Let us have an racing took up too much of your time who knows anything about it can tell you struck by lightning, and split up.
The Fudge asked on what basis this understanding. was headed at estinatai
tended was made up Mr Francis explained it must necessarily
5th or th of It is a matter of fact
-I
artisto charged A Wicking. Mr Bain, and referred to for his author this gon, which was spoken rezarn" but the conspiratora are and who are noto, a vention of the Directors were of opin- you apologise to Captain Thomaett?
nome way,
of
Wita
-uf as
-
and
Smith was taking steps for establish lycluing that those men were working by that ul dactify hin
Hongkong Telegraph. He applied verbally
to the cost of he
the
in
Well, we have got him out of the way,
Keep
Did
You wrote this article of the 26th July 1881-I did..
Do you call that an apology No, I
"
On Sunday evening the mast of one the
Japan.
YOKOHAMA
(Mail.).
the printing of that papor. He received the public, and he believed this article was of Lane, Crawford & Co., told me that BIT filed you know that it was so when you paid for it too, I had to give Souza (Mr Hayllar then read an extract from a several uthak naval officers. It proposes to
a very short reply to the effect that he bonfide, and took the opportunity of placing Wicking was sketching matter before Judge to answer.
son & Co., he told me himself that he had
your plou-I decline to answer. Question pressed and witness toll by the Witness: I did not,
Then you put in this plan of justification
Robert Fraser-Smith said he was the pro- such-an animux. At tiffin at the Hongkong Funst Knowing it was a criminal offence?Į:10 cents. hong Tear, and publisher of the Hung|
ipated loan and hard work for some time.ing statement of his Counsol, and the letters/8lad to see you going for Juring "Ting Mr Wicking and Mr Bain with a crisi-Paper, 850 that is a very good estimate; f
success
believed Mrde SouzZA WAS
they
of the slot in order to establish a funul for
the relief of the families of sailors who have diad not only in the discharge of their duty
but from disease. Up to the present time: thirty persons have been relieved by the association, which already numbers more than three hundred members.
Quotations
HONGKONG, August 25. OPIUM--New Fatua, cash, -88371
Old » cash, New Benares, cash; Old
"du" not believe he in-ion that no one in the service should ded to injure me in my business.
race ponies, and rather than give up keep But here we have it, he has been making ing zuco ponies I resigned. also charged the plaintiff with having stater been circulated that Eiss the Telegraph. cost in Mr Souza's establishment caused by speech,--through which you coumeet hina they had no right to interfere with my pri- don't
1 some public place a
and indiscreet #hasty
That is how you put it ?—I thought that what was not true in the letter of the 7th taken 60 or 50 copies drit excellency had be an estimate. It was the estimated extra of June. He also charged
him with did not know what truth where was in
Mr F. Smith was informed, although he his having printed and published this paper. with the other conspirators. Was this vate affairs.
Did you write that about the man who A serious fracas occurred last Tuesday having impudently tried into business
indiscroot speech a part of the Why did you not print the P.S. to Mr.
was at the head of the augean stable I sim-night sinong sailors in the vicinity of those Viton believe at My warm dutestable conspiracy organised and car. Wicking a letter when you printed the letter, ply wrote this to reinove some misconception grog-shape which shound in the Honrauta him. the statement, that this report had at the time he was a shops which did not in the last of this originated with Mr Bain. At the outset silice, was book keeper and general adried out with scrupulous persistency by anthe letter of June 9--It was incomplete. that was going in the colony. It was mere- By their answer they admitted that published that, and he could have no difi- he could get, and from the papers laid be- time of his death. Wicking has frequently Mr Robt. Smith with being one of the sea call it reproducing a lotter to give great deal of injury? No doubt they did.subject are concerned in the assumit. Both Road. A man was stabbed and taken to they Mr-Smith found, from the information viser to the late Kwok Achoong up to the interested elique Du you now charge delight to reproduce the letter.
You state in the paper that it gives you ly an explanation.
the General Hospital, where he is still culty in admitting too that, unless
that he
You thought these attacks did you a undertreatment. An English and a Spanish article could be defended in
fore him that Mr Wicking, who had no bolil o Mr Gillies has also told we so,conspirators
-Decidedly not. were defarantory. What interest in Mr Souza whatever, or in the I honestly believe when I wrote that, thant parts of
only a portion of it)-I published the lettur Now, did you inquire whether Mrmen live been remanded, at the request they proposed to do in this case was to
to Telegraph, was deliberately trying to pro it was true. With regard to the Canopo want to clear the way as much as possible. itself.
Wicking had anything to do with the of the police, for Line t to produce evidence. vent the starting of show that the whole of what was stateding his advice to Mr de Sousa and Acheuns ativiser he had a good deal of the sole conspirators; one man can't make The figures were perfectly useless to the thought it likely he had.
that paper,
Then the "P. S." is no part of a letter?article in the China Mat?-No; I never volitan Dock Co. I believe that us Kwok Then we have Mr Wicking and Mr Bain
The Hoshi Shimbun states that the Mi- them was fact, and substantially true, and
nisters of the Imperial Household, and that the inferences which were drawn in
before Mr De Souza on the autho-influence in it, at least he has told me sos conspiracy He can be a tool of the public.
Yost exonerate Mr Wicking from that? Agricultural and Commercial Departmenta that article from these facts were by nority of Mr Bain, estimates which were On matters connected with that boy he Ching Mail.
And the letter too, porlaps; but you say
Of course I shall
have informed the Council of State that means unreasonable, and by the evidence De Souza's books for the month of July tendered to Mr Forbes and Mr Vincent and Mr Bain-Yo
enen utterly fallacious. An extract from Mr has frequently told me of advice he had The main conspirators were Mr Wicking you "reproduce," and you only print a Well, what do you mean by the "next the former desires to assume the contral of. he should put before
then he would show showed that the total cost for that Routh Suth that theso inferences were not weasonable.
He Was
for over 10 dues not refer to Mr Wicking the Shimus form, with all it's sleep; cattle, spoken Commonly
Did you know what conspiracy is when publishing the pistscript save that I have What do you mean by the words "next buildings, and implements of About the beginning of June Mr Fraser was $150.30. This had first been stated of us the
director, Any busi- you wrote this article 7-Yes..
Bontioned.
movo-The
The next move of the conspira- The idea is to convert the site into an Im at 8134. And was he not-justitied in con-ness man in the the b
Did you know that it is a criminal offence
ove of th You soe it is suggested that the room tore.
perial establishment. Speaking die
of Con--I did not.
was worth $95. Do you know that the There are only two conspirators left--- A benevolent society, the Kukiuala, has to Mr de Souza, a gentleman who through
together for the, sans end Mr Fraser
Fraser-pany he always spoke of "we aliovo
When did you learn it - decline to ron was really let for $25 know Mr Wicking and Mr Bain-Well, I sup-been instituted by Mr Harads Riukiabi, at His father, was very well-known in the Smith found himself tradused and vilified he is in suite why connected with the pro-
all about
ut that, and he might have got pose the next is Mr Bain.
present an instructor on board the man-of- Didl intention of injuring him before posed new sugar company. Mr MacCallum, Colony, for an estimate as
tho Much harm cannot have been done your war Asana-Kun now in Yokosuka, and hint about that too, he case before
Call: the plana,
You say the figures were idiotic; will you paragraph in the Telegraph speaking of the collect monthly subscriptions front officers could not print it for less than $200 a the columns of his paper. Mr Francis in the papon, as a matter of public interest.
the mublic of Flongkong through o. had written about the
n through them and show where they are gratifying and athanat unprecedented success month. Mr Fraser-Smith on the same
There is the charge paoposed for of the paper-Curtainly it had done some day wrote in reply that he regretted thought his client was justified in asking As.to his aminus against Jardine, Mathe-
printing sad. It does not cost Souza above harm. that he could not for a moment enter for a verdict.
The simple mechanical running How do you know that How do I tain the proposal to charge 8200, and
off of the papers, running them through the know that ! Anybody with common sense that for the first month he could not give pristor,
on Hotel, the 94th ur 26th of June last, And you have given your evidence to-day machine; Souza has the coolies there and it could answer that. him more than 316 for the first six months. tiations he had had with Messra J. J. de began the conversation. He said, "I am
gave evidence of the nego he beckoned me to sit beside him. He knowing it is a criminal offence? Yes. costs no more than if there was no Tele-
You do not know --I do know; by pec When the paper had had a fair trial he Souza, in strict conformity with the
Su that you evite into this Court clary. graph to
rank to print. Then the charge for ple talking about it. might afford him $200, but a
but at first he anti-
As to the rumour which was traced to Oh suppose you mean the Connal offence-I do nothing of the kind, that is what it costs.
the China Mail, whether do you mean tho (the writer) felt ag confident of ultimate comprising to some extent the negotiations pany,
I oppose measures,, not I certainly don't charge them with anything The Judge. Give us
us only the idiotic office, the
newspaper, of
or the proprietor thika should send home for ap; referred to in: our report of the opening to get another age." En said Mr Kes-Not to wal have not done 30. The down at ss; whereas 85 would about doin this one article, you !
had been referred to and are already men." Hosaid: "It is simply an attempt
upt of the kind,
planas.
The China Muit ofice of course. liances to print to making a uiistake speech by Mr Francis. When the letter nuisanco in Hongkong."
bimself, and
They are the greatest! Then what do you charge them with Witnesa : Well, paper for proofs, $25; it Now, as a matter of fact, with the excep- à criminal conspiracy, I do not costs $2 at the very extreme. Juk is put tion of that one line in reference to you from Mr Wicking to Mr Fruticia
was put in, wick was an obstinate piy-header
charge them
have not been men- de Bouss replied saying
Mr Francis said it was precisely the same I said Mr Keswick had always been a good articlu speaks for i
tioned in the China Mail? Oh yes: I charge them with.
Mr Hayllar: That is put down at 325. twice the last time in was the explanation was the lowest price he could print the The Judge asked whether it was the same so, although we had a very strong differ-
And gue of the
things. You charge them. Do you know that Mr Souza had let this attached to a letter in the Chine Mait If Mr Fraser-Smith accepted as that which was published in the papar. one on the racing questions, which led to with is organising and carrying out with sale on for 281
denying the truth of what that journal hind of his He thought the jury should love a copy of resigning my appointment in the Dock unscrupulous persistency a detestable.com- Witness knew all about that, and said. starting him to work as
Company." Mr Wicking said he had al-spiracy Who were this interested clique might have got paid for it too. But I had In consequence of thin, Mr Francis.con- Me Francis obtained the original latter ways opposed them and always would do so.
I leave the public to infer that. tinued, Mr Smith drow up a rough memoə)-
from Mr Souza, and it handed in.
Toes not Through Wicking a interference with Mr Hayllar: But I decline to leave the for Las random, and sent it to Mr de Souza. On Mr Hayllar said he desired. it to be the negotations I lost three whole days. public to
cost $5, The Telt to infer it, I ingist un an AUSWET. graph is printed in the daytime. the 3rd June this memorandum was retura-read. The postscript was not given in the The issue of the paper was not put back, The Judge You must answer.
Does the gaz not burn all the daytime letter, and that was most important, with some alterations on the agres-
but they had to work night and day to get
Witnosa 1 Messrs Wicking, Bain, and No. There may be some gas consured in it out. In the middle of July I published Smith.
my room between six and seven o'clock, an article as to Emigration and tho
They are the gentlemen interested in Very little type is set up save in the day the Glamis Custic, (11th and 12th July),
time. The gua would not be buning on ruining your paper 1-Yes. them.
saw an article published in the China Mait
That the
they organized themselves into a day like this at all for cur purpose. On Have you considered the cost of as the media thead). I understood cunspired and do so now.
the 25th. (Article
and carried it out with such per a dark day there might be some required. tions on the drafts to the fine up to
Governor had found aistency
You have had friendly conversation with which copy was to be given, the time of the paper, say, 800; gas, say, 855; coolies, for making violent attacks on his immediate
You speak of failing in all means, you Mr Wisking since all this occurred-Yes. Tags B Bain had known his position Suvereigas, publication, and the size, which was to be, 324; rent of rooms, say, $25; print subordinates in public," that the Telegraph accept your opponents challenge and an on
You did not feel so bitter against him, that of the Shanghai Courier. They would ing, say, 8150 paper for proofs, say, $25; was intended. I understood by the passage What means did you ever take to avoid a
then I was waiting and watclung see, Mr Fraucis aid, that
it was Mr init, say, 825; circulars, say, 810; use of read that the Governor had suboined the public scandal -On several occasions. I
Your back was not broken then?--The Sonza'r own effor, end so muggestion of Me type, petty charges, &-HW" Telegraph to traduce his subordinates, that wrote in the papera and gave notice that last straw had not then come. F. Smith that he supplied the offer. On the Examination of defendant continued he had bought me and that I had been I could not stand much more of the por
Did you say anything to
to him them ?—I evening of the 2nd or 3rd of June, while While I was conversing with Mr Sours, gotat by the Press Commissioner, whoever secution I believed I was being subjected said very little. I was the listener. one in the afternoon and another at eight China Traders' Ins. Co., £1,600 p. sh. és dív. these negotiations word going on,
Mr after the receipt of this fatter, Mr Wick he is. My article was not the result or to
Tait not a fact that you began by abusing at night be an apposition paper-It was North China Ins. Co., s. 1,125 per shared Wicking about six or seven o'clock went to ing's boy tanie in. He asked Mr. Bouza to direct or indirect from the Grovernar or scandal yourself by writing about it put you out of the Dock?---
inspiration or at
at the instigation or hint So to avoid scandal you made it publie Jarding Matheson because Mr Keswick had a techmosat jou you are an Chinese Ins. Co., 505 pər anarama,
well known to juumalikts.
Yangtaze Ins. Aesoc., Tis, 820 per share, de Somma's making mast anxious 10-7: Tell Mr Wicking to og har Hey one connected with him, I had no i No, Seg
and see Mr Wicking. I told the boy quiries as to whether he was to print a news "I
But you are
paper for Mr Fraser Smith. Mr de Souza come. I asked him what business it was c
as of communication whatever with Dr Eitel on
xour notion of avoiding a public scandal Compcribe your leaving the Dockaccountant-Perhaps I know more about HK. Fire Ins. Co. $995 per shareSVOI
specially to Mr Keswick's infinit than many so called journalista,
Chins Fire Ins. Co., $290 per share, would tell them that he first saw Wicking his to interfere in this matter of iny news. the subject. The remarks were entirely was to make this matter public !--No, No.
I think you are a scalled journalist, H. & W. Dock, 48% pront on the evening of the 2nd, Ton behalf of the China Mail.
they wers paper. I said," I suppose you are acting wn expresssion of facts and opinions.
The Judge
Well I presurae the
соц precious
Never Never
Your only measutz for thinking that Mr. Bain H. C. M. S.-bost Co, pleaing sccounts Mr Wicking said,
said he did not see unlos spirary is the same as the detestable con He
When did you first speak of going to law was so bitterly against you was, what Not S'hai Steam Nav TS per nominal word this contract with de Souza pot con- ar you are going to print the Telegraph." said, "No, only on behalf of Mr Souza, there were grave reason for it, why Dr spiracy-Yos
to show him all I showed him a copy of his letter and Eifel should be draggori into it
You have beni good friends with Mr firmed 1-I told Mr Wicking ipyself at the ying to ruin me, but in trying to stop the Chira Cest Pt. NAY 06., THE 100 GM Co., 882 per share. the papers about its Mir de Soum never asked if that was his estimate. He said Mr Haylier said they would suby na hin Wisking Yet. Very good friends for s meeting at Souza's that I would certainly This was your reason for Attack Fast Fotel Con $102, per sho applied to him for advice, and since the raid it was an "idiotic estimate any truth in the rumour to which le
Witness being naked whether there was long to ask him if he had confederated fall "Yes, I took it to Mr Bain for his
time
take levala
gal proceedings were the contract to
toso Mr Bain has systematically opposed China Sugar Ref death of his father he had only asked him
and I I have supported him. for advise and that, was advice which Mr. Wicking added that no had strongly had referret, that the Governor was with Mr Bain l-I only asked, funt about in Aud what did you tell Sona ?--I told him. It was a question of paller
ticularly grateful for ad
at the same time, consult & sofritor. 1 for advised Mr Souza to have nothing to do with subscriber for 50 copies of the
me, after Mr Wicking had Why do you accuse Mr Bain of the in- But Mr Wicking denied it He did not gone, that he
famous crime of The Judge said there was nothing libel. He only half denied it... prepared a lean the thing; it would simply ruin him if he Telegraph to the OR the 7th June
of conspiracy?—I have not About the latter of Mr Souss' saking Mr accused him of an infamous crime Question and Answer road, from pravi. Wicking to come aver and see him, Mr. Why
did not think he famous do you souse Mr Hair of the in- crime of conspiracy ----I have siros- have printed
in putting his estimate at so high a figure.
that he was
rednes his agreement to 8155 Fas that from the copy of which he had read friend to me, and I had never found him the therr Itself. What is efated in it, Then the ring of Ving room.
paper. at....
this offer Mr de Songs would be possible, the papor before thent.
ed
18
Wils
Mr Francis said the oepy he had read ment and saying that if Mr Smith agroud to from did not embody the postscript. those alterations to kindly return the thing. to him in order that he might have clean The Judge said the posteript should be copies made cut. In Mir de Souza's own
handwriting there were soine trifling altera The
ME
}
shioned
Cote lo
+
"P.
was read, as follows:-- of
op
ale original conditions undertook it: Mrfoxes and I don't want
case of
CLLB
to point it out to him. Then there is $35 do not complain of that No: indeed I
Еден
-No
I think you said you were a young Dia |raeli-Iight have used a simile.
Sitniles seem to be your bobby. Why should you think Mr. Bain wished to injure the prospects of your paper-His name in that letter of Br Wicking's was the first indication I had.
You have been very good friends with Mr. Bain Yes, very good friends indoed. Then you believe Mr Bains kindly feel- had been changed by your starting he would have declined to give any esti mate for an opposition
paper, B sither as a business man or a gentleman.
paper)
New Malwa,
Allowance,
cash
Old Malwa, eredit,
Allowance, Taels,
Excha
Bank,
37
Wire, Demand, S0 days' sight,
وو.
Credits,
4 months sight,
months' night,
Documentary, India, Wire,
demand, Shanghai, demand,
Gold Leaf, 99% fine.
30 days sight, private
$28.015 85,46:
Shares
Hongkong Bank 100 % prem, ez dir.
But why should a paper published at Union Ins. Soc. of Con, $1,675 p. share.
paper.
bim
prom.
share, Debenture, prem Chinese Imperial Loan of 187, numiual.
Def 18 H.. Ice Co.'s shares, 8127 per share, Hongkong Bakery, 619h per mares
Temperature.
det Kr Do to make any money out of the solitar:1. Loue in any one saying that Why should evidence, na followed if withal thing I told you, and I repeat him minane, np. ↑ (Taken af Musers Falconer de Colle Pranissa, to Mr begin 100 contactos did not consider it necesary to print that posteal gu tao to lunes a Very gouai
had read. FERNGO, HAZIR O mý ples Phir :200 us wall as for half a dozen was | Chino Mail,-Be sait, No; 1 man simply
ain Mr Bouza's uncle.” Mr Francis asserted that the
The
was the paper to bring business
en this sense. Ik Mr Wicking aald. He will be ruined if he sat ulloat, whoever set it afloat, with a view doing this for Souza, because I have au
In this takes the contract." Mr. Wicking, sail to to doing the paper injury in suggesting that interest in him having had something
And about which Mr. Souse Mr
I advise you Hot to have any a not a free and independent paper with his affairs and with his father a to
Husest not to do so Certainly
氣
sufficient for me
- furu
of paper whior Mr
of all honest man inference in the matter,
HONKONG August 25,
to du
Spinion, – was handed to
Futer
to thing at all to do with a waid to relying on the public for its legitimate Do you call that only a half denial" a anure about He Wicking, You know, I suppose, that support. The would no doubt soution of Jaidering the manner in which he
not cany out his contract, public who refuse to support
I struck y
that lie was
telling
And you did not think it worth white
You thought it the portant like that -1 Do you think Mr Bain was necessarily BAROMETEN printed part of Mr Wicking o letter
dishonest in giving thist, estimate 1--Na, never said so: certainly not.
Do
Do
Lio
Yo
if he does not proceed with it, I will take papac if my thought it was in any way as I do mean to be organ of the Governor or connected with of befors All Hongkong" I him in suy way however aligh
Jad axtongvely adranted, thaw I was to Me Hayllar asked if lus lesemed friend was
gwing priden.no;
a hun syan No, not after the way in
Kad been carrying on lowed to You used strong forgangg
part of an honest man to print part of a I do not ask you. Did you think it the
He gave the estimate to the best of his like that I do think it honest, belief-Ligely he did. Impudently prying into bundness which What did you attack him for hom was no concern of his, now I want to know What I attack line fo why after making that charge you did not Yes: aflack him make public that Ms Wloring was called by Te Already experi
Some himself 1. My reply in the same. If you bel
(Wet barb)