No. 8455-FERRARY 15, 1890.]
THE CHINA MAIL
I can swear positively I was not in your into Court against him as what as a question is not a question of the good or
fraad. office at any time in 1882,
By Mr Robinson-I have for the Just your and a half used Me Smith's office pret ty much as uning
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THE JUDGE'S SUMMING, UN,
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has dono his best to reconstruck things That, having discovered his blunder, hu
generally; and if for no other than this reason, Sir William deserves an Address from the residents of Hongkong. That one thing the Governor deserves predit for, namely, that he has sometimes dared to stand alone, in his proponia for the his proposala for the benefit of the Colony, against the tradi. tions of the Culonial Office.
That Governor Des Voeux tried to ran thoil properly formented and carefully assort Colony himself on certain lious, and ined the tobacco would meet with ready Balo at 2/0 to 3 per lb. for the basticaves. doing so he fell into somo vory great This is very satisfactory and is important information is it proves that the Estate le tobacee Me Kennedy, when he was hore... in January for a few days, whereby capable of growing the desired quality of
guine as to the future of the Estate and expoote to get 8 picui par field on the 150 Galda he has commenced to open up. I trust. his anticipations may be fulfilled, and also that the small crop he expnote to ship in April may prove the value of the Estate: not a more satisfactory report to lay before yon, I Whilst regretting that I hate state: would say that our is not a singular ex perionce, for, se shown in the report of the Shaughni Sumatra Col, which was recently pablished in the aorspapers, although they had at first mach the same experience, as we have had, still it is now in a flourishing condition and with very bright prospects before it
a
at while making every allowmes for the admirable work generally produced by the former Surveyor Gönemi, be wAB coatly to a degree.
That
Mr Wotton-What coolies are now being shipped?
This Otaieman-There are nons from isro. The coolies have been shipped front Singapore, and Dei. When M: Kennedy was here he proved to me the advisability of getting our labour from Del itsell or there had better physique and were more from Singapore. Ho said that the mea accustomed to the work than in China.
Mr Stokes-Thoy are mon who haro already done some work in the folds who kava gons through the ordinary routin
The Chairman-They have been a sort of oversoets.
Thero being no questions, the Chairman proposed the adoption of the report and accounts.
Mr Stckos Baconded and the action was carried.
THE SHARE LIBEL. Now wa odme to the third libal criminal offence and was about to be pro- bad taste of the defendant in the matter. secuted before Oriminal Court therefor It is a question whether you can see in this In his answer the defendant admits the tho share case ilbel, arising out of
may Gentlemon of the Jurs, the subject on matter any connection with what rusy have publication, but denies that he did so the action is the Summary Juelsdiction. which I have to address you is really thresbeen the reason in the defendant's mind for falsely and maliciously, and further of this Court between Mr Brands a plain- A. Ramjahm-I am a broker, I have actions thrown into one. The subject of writing against the plaintiff. Can you see denies that the remarke quoted therein tiff and Mr Grimble, defendant. His Lord boun a broker four years, I have know the plaintiff's petition is three separate the beginning of a chain of ovidence lead are libellous, or can be made to bear ship then read the alleged libel and the of leaving ing to the conclusion that at the time theas the meaning attributed to them in answer thereto. The answer he said was for the first bol. De- Brandt for five or six yonts. I have been libels and, I know no other way of leaving ing associated with but in share tranzactions. the question involved to you than by deal. articles were written the defendant's mind plaintiff's aver pont. The said words are noh the same They commenced in July last. He came ing with these three questions separately. Was materially affected as regards the plain fair and accurate statement of a report cau- fendant said he was privileged and writing
three questions to see me. I had bught some Sugar Bus of curso there is a great deal in the till? It does not appear that that letter cerning certain proceedings in which the for the public benefit. But, his Lordship was answered. The money was not paid, pubile had a common intercat, and were continued, even in commenting upon Judi- shares from him and he asked me to sell case which applies to ham collectively, and the threat was not carried vat. Lu published bona fide and wit out indies in cisl proceedings a journalist must not in
yalew words out. malico Sugars for him. He gave nie un particular about that I shail have to say a few words
out. malico called, even in commenting upon judi- The line between exiticism instructione as to the number, I sold about with reference to them all. Now that the autumn of the same year we find the course of the defendant's business as a puts sordid and malicious motives without
fo 05) sinaros for-hun in July and Angust.ou which applies to them colectivoly is the further correspondence: The letter of No-journalist, and are thereforo privileged. Justication. time for various dates. The contracts were aridence which has been given in support vember 15th and the letter of the 10th In the firet place there is the question as and comment and personal attack
question be as free no you like. It may be an open, letters containing covered or of libal or no libel not all completed. Brandt settled with may of the plaintiffs contention that tho de December have been referred to by the to the meaning of this. The question which s jury can easily see. Criticism inn
fondant in writing these libols was actuated plaintiff
A libel is anything conveyed it may be as strong and all the power principals in a €1829.
Alexander Stewart-Jan accountant in by express malico. That is a matter which hiddon threats. They ars very different to for the jury. A libel is anything conveyed it may be as strong and all the powers
&in
they
the letter of 28th March. They do not in writing or by sign which holds a man of wit and sarcasm may be introduced That the Governor's trip Home may have
wholesome effect upon the ruling powers the Chartered Bank. I produes the ins an
has some bearing on each of these cases the letter of 28th March. They do not in writing for libel is anything conveyed it may be
at the Colonial Office, insanech as he may lead them into the right way. - the comment was current account lodgur. It shows M: Now when I come to deal with that ques-contain direct accusations of wrong-doing, up to public contempt or ridicule or hatred, in support of the comment, but personal Brandt's balance on 231h June 1889 at Lion. Ishalthave so explain to you the muse but there are hints in thom which the orexposes him to the sneers of his follow crea attack is another thing. Now what was plaintiff ange are hidden threats. It is turcs or tends to make them cease to asac the case on which tho comment was 8029.9). On June 4 there is a crediting of defondant's plea na to alleged pri plaintiff ange
a question for you to any whether they are ciato with him. Here you are what is said made. It is very important to bear That a still further incrons of the small coinage, for instance, would prevent the anmo publicly interesting details will
wa balad of 24,640.56. On the 13th Juno it viloge. I shall have to tell you that in my a question for you to say whether they are ciate with bim. Here you are wlist is said made... It is
market from being flooded with Japanese was suing to recover
ten-cent and twenty.cant piecos. is 34 There is not a balance of $5,500 opinion the occasions in which these so deeply hiddon you cannot discover thons, some publicly intareating details will in mind that Brandt was the plaintiff
That loans for remunerativo publio works at any time in June, but there is one dato articles were written did not afford any or whether you can follow the defendant come to light at the hearing which will not in that caac. Brandt
the bla's hand. The question was how much prisilogo. And it is neensary to mention in saying these lettera indiente a continued only seriously compromiss the defondant when it is over $1,400.
ought to be suretinued by the Home Go Joseph Samuel-I am a broker and land that now because it has a boating on the ill-feeling. On
and that now because it has a bearing on the ill-feeling. On the 15th Novembar, no but also those from whom he purchase the sum of money belonging to him in Grim-
criani-bible at
vernment, and no one knows better than the Governor that this is so. proprietor. I was formerly in the employ of question of malice. The word malico runs writes: It is reported hers that you wore arms What does that mean? Does not wan Grimble entitled to retain, to pay Mosara Sarly
it now because it has a boating on Mosses Sasson in Shanghai. I have thronghont out law books and oasoe and is reported by overal for foul riding and that that refer to a criminal offence and a criani- bimself. It appears that Brandt bought
to make the military invasion of our known Mr Bean it since the end of last year, always used by Counsel, and it is near you are not to be allowed to ride again in nal prosecution?. Now gentlemen on the the shares from rimble in order to ever
the law understands Shanghal. I hope it is not true as it would assumption that that is the explanation it is himself. He bought them as he had enld Thant Governor Des Voeux has done muck He asked me to all shares for hun, any i to usn it in the, sense the law understands Shang
Island less irk than it have be; kind. 1 sold shares for blm of a value of it. Bat in order to prevent contasion on bee serious matter for you. Then he for you to say whether the pers a talked of to somebody else. Ha tought thera &t a
and he may tell Offic mopoake over $123,000. There was only $100 of the part of the jury it is necessary for me poate about their arrangements which he is held up to pable contempt and ridienlo. certain pring for a certain data. Tu tie
that the area of Hongkong is people that the Colonial accustomo I know, exactly what the gaye cannot be on the old terms, and then On the assumption that it is a libel, meantime the man who had purchased his to say, as far as aash transactions. Ha sitthari niat of his to say, as far
only to be defended, not to be swallowed the difer contracte dircot with his principals. I suod legal meaning of the word is, because if I he aids-'I want you to send down Second let is sou what is the excuse for it, abates from Brandt failed, and of
up, by the Military authorities i means this, that the cuce, and there was a contention betweels best did not you might be in denkt an to the Polis or any other you con- First of all he says tho remarks are pri-course Brandt hind to
Privilego him secently for brokerage and gat it. We did not
difference which exists between malice insidor sure to win a race. There is no vileges.
ucca-the
Governor. Iouvos behind is the special Mr Wotton-Thay work up the other are not good frienda cow.
Lenac Hughes-1 in a broker. In July and what is kon its malico in fact-dirent answer to that. There is a letter publication of a libel is made upon an occa- the partins what that difference should be. That one of the boy, legacies which the
libol is said to from Me Beandt of the 3rd December, but sion in which a man bas a special right or It does not matter what the judgment was
sanitary cagineer, Mir Gaberl Chadwick green fallows,
green fellow anyrate it went in favour of Brandt for last I was acting for Mesars Hughes & Eze express malico. Every libel is said to
the goot flat he has already done, and The Chairman-Mr Kennedy says he has | In July last I sold Me Brandt 200 Punjous ho falso and maliciously written if the about Secand Filin. Mr Smith in this notes express malico zis: Privilege 8302 65: that was what he was on-
tlic good that he will do.. Xu Jaly last I sold Me Brandt 200 Punjous ho falso and maliciously written if the there is no reference in that to the request duty to spunk and is available as a defence as
alecudy got 100 now Chineso of splendid already got after Grimble had been paid far time, 100 at $30 and 100 at 210. The writing is published, but that does not tier speake first about bad practicos and must be Fonaded upon right or duty.tittied to after Grimble had been paid
ponsive mistake symbolised by Victoria That is what is wanted there. Nothing in shares were not takes up on the duo dute osetly mean that the Cefeuiant was later apen
fus motivasya up. De astustal by wicked Dacemiliar.
College is no, tu le repeated on the new being shipped from here now. Ho said he could not take them up. Le astustal hy wicked and ralicious motiven ya 'I want Second Viden. Mr Smith Now is the occasion here privileged? De out of the money he had, in his That it is so lag satisfactory that the ex-physique, all old hands and of goua caste
The allegation of malice, according to the writes, again in Brandt on the 10th fendant says in his answer that the re-bands. Note this ho is, compared to a 10th fendant sy money He speaks fret about natks were published bone side and withint velthera walsher takes people's mor by
wavelsher
Central Market. offered no compromise to me.
from Rogies-I am partner in the legal definition, may be satised without the bel, and then he says I shall be malios in the course of the defendant's while the race is being rnu, and then yan Mr Jones Bras of Hughes und Ezra. The Punjon any asidance of the fact that the defendant libel,
it glad to have Old Fiddle as soon after Hochsiness as a journalist."
journalist, Gentlemen, 1sbes. Brandt is said to bavo gambled to That transactions with Mr. Brandt in July las has malice in his wind. The way it is put chow Races as you like. It would be cannot tell you that there is any privi- win, and that if he let he could not pay, nina says something to the well to let him have at least a forte lege attaching to journalists that would that therefore he was in the position of a were not completed, the reason he gave bu is this. If
If it is social purial, a social outcast. f conrad
atcast. (for That his design for the now Central Mr Sickes proposed the re-election of the ing that sonto Chinuno were naable to take injury of another, something that injures wigle's
rout after his arrival, consider attaching to journalists that would win, and that if he st ing the time he has been in training." question of fair consent the jury a man who gambles to win and can't pay if up sharos. On Sunday nothing after his character, which is not true, the law it's rest after his arrival, consider not attach to anybody else.
Market has been, or is likely to be, Consulting Committee, Mosats Ligton, Dal- I satisfying Then he goes on to say. Thery has been will always be advised to give the widest he loses would be in the position of a
done Brown." settlement day bo suked me to mate sour implies malice for the purpes of satisfying
rymple, Wotton and Mosely.
At Moffat seconded and the motion was That the proposal to remove (or cut down) arrangement to carry them oror. I asked the legal definition of libel, The law im-
Bou talk about your coming down hore ning to coinment and criticism,welsher, but as far as regards this That the be on
the trees. from the Public Garden" or earried. han what inducement he would offer and he plies what perhaps really does not exist and I lanse heard the ugly word "objse- esp cially if the comment appeared in a transaction Grimble was in a position to tion" used more than once. You have newsxper which is the proper vehicle for pay himself out of the money be held in his spoke of $1000. Ultimately one transaction implies malics from the wrongful act; and and I have
The Chairman proposed the re-election Nursery in the Bappy Valley has for its was detiler botween the seller and Me it is sufficient, in certain cases not priviti m
is sufficient, in certain cases not privi without
ely question from
object the prometion of physical ex-of the auditors, Mesars G. Steward and J. are case the baly question was about the Brandt and in the other a tow contract teged by the occasion, that the act should some enemies bere, but willmut evidence such consumont. But the fact, even if is hands. There can be au doubt that in this
sreise, which is the very life of the Mollst Colony MacEwen his rather harshly beca
Air Stokes secondod and the motion was was made, which was not settled on the dus be wrongful in that songs and without ma-they can do nothing-and whatever may ware fully established, that the words
which the plain a hero is any privilege arising from The date but some time afterwards. It was lien in the sense of the libel having been happen you can rely on my doing nothing a fair and accurate elastoment of a report difference. Gentlemen, I can't suggest to written by the prompting of a malicious to herm you. I folt very bitterly ng sinst concerning proceedings in which the plain- you there is any privilege arising from written by the prompting of a malicious as a newspaper
the propem, but his ruthless abandon- The Chairman-I am very entry there is finally settled in December.
to write, of man in that way By the wat By Mr Robituou--The market went and forgetful mind. But the question of you hast spring-not vildiout cause I think tiff who connected, would not amount to a defendant's position is a nowa peper That Mr MacEwen deserves all credit for carried. down after the arrangement batwon the state of the flafondant's mind is material however all that's pact and gone, and I defenen. Although the remarks may be an editor position Mr Brandt and as and then word in another respect, and that is on the ques-am at the man to cherish a life-long accurate statement of a report, the report and call hin a walsher and say he gambles mert of canlinient sounds rather harshly. so small an attendance. I should have the quanimosity, or to injure anybody malicious-tself roay to fulae and lying, and it is a to winj aut is not abio to pay his lor. That the original intention of these Nursery been very glad to have given any oxplaan
Public Gardena was to rear trece for the tion on any point on which the share.. tiva of Jamingen As you have heard from it up again.
ly, I mention this, so that you need not wrongful act, to publish it in the caso Although the defendant was actuated by.
holders liked to ask questions, but there This concluded the case for the defendant, the learned counsel for the plaintiff, darau to be afraid to make whatever arrangements with a newspaper proprietor as with over the very best motives, although he was purpose of transplanting.
you think proper with any other person in boly else; the business must be conducted really writing for the public benefit he That by carrying out this intention, ideas are so many other engagements to-day that Mr Fraser Smith then addressed the gos in cases of tort are not restricted to
thor atill, of whole-I suppose they could not come. If any Hongkong, but I maad Fury" Old Fidde in moh a way as not to infrings on the does not justify himself. Defendant docs of sentiment (ur, better still, of whicle jury. Ho submitted that no evidence had malice, but the question of compensation Hon
Bunte ufforestation) may be preserved, selaarsholder cars to come to our office we well You see the subject of Old Fiddle (or rights of one's neighbour. I think it in right net plead justification. Do does not at-
RA the trees that have been reared.shall bo very pleased to give in the very bean produced to show that Mr Brandt had and of restraint is dragged in. In cases Hongkong
who the defendant's conduct is shown to occnd Viclin) mentioned in connee-in esanction with this part of the crat to teinpe to alauw that it was true that Brandi
He слай suffered the loss of a single dollar on as whare the defendant's conduct is shown to
The jury be malicious, damages are given for the tation
scutiecent which contains a cand sanitary is extremely eangaing, and we have heard. count of these so-called bole.
from Mr Francis that the prospects for the had heard that his naung was not taken fuld purpose of cumpenaction and restraint. tion with the subject of reports brought call your attention to an oziract from this gainbled in regard to these transaction and That Woodman, spare that tree, is a fullest possible information, Me Kennedy
name parguas at Fid-newspaper
that this about Brandt, --I must have Old Fid newspaper or the 13th February, ton days could not pay. Therefore the article in
principle fodils on the market before, and there was Candlemen, I think you will son that this ale. Wo know of done that he did betera the publishing of the article or libellous and the action is maintainable. That the said trees have alredy turned a fatura in Borneo seem very good for tha
the matter. Ifdlo. course load them to suppose is really active sit and I do it because these letters and judge of them fairly.in the alleged action about arms MrEm dance has the plaintiff a peaition That the zen-end of Bowrington Uanal was what I
deleterious swamp into a pleasant garden. | Company, nothing whatever to another sense of the matter. If that it had been made less neonptable by I call a man o baief and I do it because not get Old Fidels; and you must take pagraph, and it is this-you will ro- Bac.the question of expreza walice gemes That the said trees have already turned a fatura in Bornes seem very good far tha these letters and judge of them fairly member that Lam Hon was the plaintiff in. It has been suggested to you andl evi-
and judge of them fairly.graph, libellous and the action
incriber that Me in Bourbonte
Mr Stokes-I had a talk with some Deli and they can now be utilised for a grate ful shade in any part of the city. anything in the article. Ho put it have received, informatie from others, an
har, been given to lead you to the
plantors who passed through here and from clearly satisfied. Give what Hon, Chineas broker, 182 Queen's Rund, contusion that the plaintiff's pesition That the zen-end of Bowrington Canal was what I can gether they had the same ex- ovit supposing the statenien: to be trap and Do not presuda malicious seidoneo unites in the alleged action about a plain. It has been suggested to you and evi with confidence to the jury that oven it supposing the stateren: to be true and their ferdiet should be against him, the thinking it necessary for the protection off are vary clearly satisfied. Give what Hon, Chinesa broker, 182 Queen's Road, condusion that the plaintiff praition fair weight you can to the auggestions if has taken out writ of summons against was a procarione one, that be carried
intended as a shelter for boats in bad parience as we havo hnd. I think we have for merely numinal damages, the outside world, if the man is not you think they are contained in this letter. Mr Oscar Brende, in which he clairns on a gambling business and that the
weather, and now it is a recoptuale for spont, in starting a now Goncern, less inanus case was one a
It is well to remember the dates boonized 87,500, an amount due for commission and defendant was justilled in declaiming Mr Robinson, in addressing the jury, said thief. I do what is wrongful and I must elsims
than they did, and from what I have heard car-defendant have a conuitierullo bering. The brokerage on the sale of rifles, and car aquinst that basinges. Now I must say that That, oven with the forge Causeway Bay I think we shall have better resulis-uur
sugar refuse. that, with regard to what had taken place offer the consequences. But if I said that may
him not to bolest of these letters in the 10th Deomber Caldwell represents the plaintiff me only tied in Jane with a capital of it in a wies precaution on the part to-day he wald leave the jury to form the man was a thief, knowing him not to boast of these letters, is the 10th Doomber tridges to the Chinese Government. Mr what is material to the evidence seems to
refuge, the Canal is still neeful, and it tobacco will reap better priots They have their own judgmont.
He would only a thief, laving no reason to believe 1883, and it is only fair that you should te D. E. Caldwell represents the plaintiff no only to go to the credit of the plaintiff
could be rendered moro so by couponing achieved grand results, and thera is na that most of the transactions him to bo a thief, he being a person I wish member that it was two years and two in this matter, and ou good authority Brandt started in Jane with a capital of That it in a wies precaution on the part of the reason why we should not achieve the point out they had heard of any difficultise Mr Bravlt to injure in order to satisfy annie private months before the first of these libals mast we can state that the suit wil be $5,800. He got this money as compensa-
Committee to secure approval by telegraph same access with perseverance and caro, had might fairis enough bo set down to spite of my own, that would be a very dil-plained of in this article was published. It prosecuted to judgmont. Mr Brandt tion for not being made manager for 3
from the Duke of Cumzaaght of the (Applause.): the discrediting effect would be the discrediting effect which the libelicus ferent case indeed and the wrong would be plained of in this article was published. the discrediting did not think he libets at guided on the une case cashment bela themselves. the discrediting effect which the liblicus fits of my own, that would be a very dil-months before the first of these lihals nasi
is of course not only froma previous corres- claims that ho nerer av cr knew years of the paper works. He began shara
programme drawn up for his reception article had. He did not think he would have great. The amount of dainages rendu pondence between the partios that you are Lan Hou or did business with such speculati, and it appears that in th
and entertainment. to judge of the question of malice. You person.
You may consider bust this course of a short time bo made That the Royal Naval Bail this week was HONGKONG ICE CO., LIMITED. referred again, to the two surtier libals at guided on different considerations in the a this stage but for the observation made LNG GAR, In the une case compensation, to judge it from the words used in the statement, on good authority to can slate 880,000 on paper, and that seems a great
tan presume it from the words used in the statement, on good authority tre can slate 230,000
one of those functions that is the
The annual general meeting of the Hong that the plaintiff had been a long time in in the other compensation and punishment libels themselves faken fata connection that the seit will be prosecuted to judge deal. The gross amount of his transactions
fashionable word Dow-s-days--sulit kong Tea Company Limited, was held at bringing an action. As men of business in-restraint, That in my opinion is the into he
with other matters You may trace it in meat, may tend to show the feeling in the was $1,800,000, and that of course acous
which, in ordinary circumstatics, pouple the Office of the General Maungers, Messre touch with the ordinary affairs of life the materiality of the subject as to express ma- subanquent writings having a hearing up wind of the defendant against the plain na engrosotis amount, But a great deal of
upon
would talk of as they would of a cra- Jardine, Matheson and Co., this morning. jury would understand perfectly well that lice in this case, It has a bearing on the
the subject matter of the libel. Although tiff, bocause you know Mr Caldwell has given this was covering, which although it really
formation suche, but now pass over bo- There were present-Bon, J. 3. Keswick it would not have paid bir Braudt to bring question of damago.
not complained of a libelous they may be evidence, and it has certainly not been added to the grass amount in figures.really,
cause of the multiplicity of entertain-Chairman), Mesare J. F. C. da Buss, R.
Flock, used for the purpose of showing the exist on his authority as solicitor for the lessened the gambling element of the busi his notion at the time the libels appeared,
ence of a malicious mind. You may even plaintiff that the statement was mado ness. The plaintiff has told you in answer That a serious friend of mins remarked the
That a serious felend of mins remarked in George,
M. Talbot, S. . Danby, D. MoVulloch, because it would spoil his business.
whote he would
George, J. A. Carvallio, C. á. Ozorio, K uther day that he would bo glad when M, Ross, W. H. Wallace, J. B. Onz, W. Perhara before I proceed to say a few astemont that he bad to Mr Smith's question where he would And that was well known to the
The Chinese words as to these different libels separately though I do not mean you are to plasa foo good authority for saying the suit would be have been had this sum been against him,' Lent came round, the pros this season Parlane (Manager), and E, Macion (Suo man who wrote them. Mandarins and officials could not be ab. words as to these different libels separataly trace it, perhaps to a cursnin extent-alby Me Smil-the teneat was mado ness. The plaintif has told you in snawor Mandarins and officials could not be ab- Thad botter call your attention to the avid much ralistice upon this in the condnet of prosecuted for indgment. Mr.Caldwell said that the market rover could have gone condner of authority for temant that he had neas. The pig element of the bully
having beer, so hard.
relayirman
been bond to come and give evidenco as to ence that has been offered in respect to the the defondant in this Court. He has that Lum Hon called with Mr Bidwell, and against him to that extent, because as a That our Naval frienda havo undoubtedly Chairman said-Gontleman, the Ro-
gize evidence as to ence that has hendant was notunted chosen to refer other mation be told Mir. Bidwell he could only do abYou have his statement for pensed
azt, and that man of business he would have been But delay was no contention that the defendant to matters that Mr Bidwell asked him
earned the distinction of having By port and Accounts have been in your special damage. answer to the claim. When the thirdly express malice with a view of injuring about
bout which his ercas oxamination be able to prevent it doing so by covOT
utilised the undoubted utilised their roaduroca na to produce the hands for some time and with your permis libel appeared, however, the plaintif the plaintiff. Now there is a great deal libel appen bring his banderer, and confess to guide you in understanding of question
has been conducted. You will have to so on Tom Hon's personal instruc-ing
must effective and attractive assembly of Ki
sion we will take them as road. The felt that he must bring his character bofore which we have heard on botit sides which
bolore the plaint alice withdant was as the much rolisis mean you
judgo of
whole, tim, and that the matter did not and as far as I can see there is no
far
the season, with more novelties crowded General Managers are glad to pince suct the public and expess the standerer, and confess is not material. As far as I can and say whether you can see that raslice proceed any farther, Mr Caldwell would other ovidenes against it-that he was per:
into it than have ever bon soon in this excellent accounts before you, witch show standerer, and confusio guide you in my opinioni sa to which in my opinion is material to the not give any credens over did our firmed by several brokers who were called, That it was, in more sens then on, a Company has ever made, amounting as it
This was n that was why these earlier libela were put sha 1 try to to Lam on's festly solvent at the times
Colony before.
the boat rotuar to the shareholders the in and why the plaintiff expected the jury what is material to the understanding of question of damages when that guastion allegations, conaquentiy he never did oun- firmed by several brokers who were called, to give him the damages he was entitled to the oase. In 1888 the parting sees to have ariser.
template proceedings, and he never said who all showed that although there may hat
nidel ball. by law but which he could not claim before been on friendly terme. In 1883 wo find
anything to
the defendant about the have been temporary difficulties in the set That the more private and select gathering, have no doubt the result will be considered bee wo Ariser. Now that he was forced into court he that they had come cause of difference,
case. Who the
good authority was we don't tlement of some accounts, the plaintiff That the moce private and schat gathering, dons to 24 por cout. for the year, and I under the auspices of the hospitable highly satisfactory. There are nu rumarks Now there is a suggestion on the part know, but this mention of the case stands in Court to-day as far as we know
of asked the jury to deal righteously ho-That you remember is the year of Highland
Spiders, was one of the prettiest sights of with which I cats usefully supplement th to the slandered and the slanderer. Fling and money was last. I think that the of the plaintiff as to the action of the two ten days pervious to the appearance of perfectly solvent, has waded through the
Report You will uberde that the cli the 23rd is material. $1,800,000 and the 380,000 dollars of That the dreases wore shaming and in Rey Air Maching which is obsolete mag The second libel held the man up in a letter which was written by the defondant gentlemen who have hoon, referred to, Mr the paragraph on the 23rd destinable light, not because it describ- to the plaintiff at the close of that meeting Bidwell, who is dead, and Mr Pitman, who Now with regard to this case self, no profits and bean able to meet every
perfect taste, and it is almost a pity that be replaced by a modern one and the order zhter but because it may be properly considerad by you in con- is alive and has been called as a witness in special damage is alleged, and you must application made. His Lordship then alat of the characters my elegantly ro is in the hands of Mr Eain, the late Ma
most a pity that Day
the
ed him as a prize fighter
as a man who had voluntarily negina with thas question. Does it show conection with mattera which have been ablish altogether from your mind any referred to the Shanghai experiences,
y
with that question. Doponent of referred to in words have not been or anything comes to that there is a held Lim up as a
pressntel could not have been given to hered his own father and another. He to your satisfaction the commencement of referred to in evidence. It has been ang- thing about less from loans or soal controls bat we cannot to-night give his remarks in
nager. It the late Mr- Ihis to be hoped that this insprove facher and anotace neosina with tha quaterad by you in con- Bidwell, who is dead, and Mr Fit, Mr the
the public for future referenca, Blandered ang-abolish
meet ment will emble the Company to most the (commael) did not know where that para- an ill-feeling continned to the time of the gosted--the exact words have not been or anything slee. As to the question of full. In conclusion has asked the jury to
BROWNIE. (coute from, but he would ask the Jury publication of these libels. In my opinion used but the tendency of the opening damages, if it comes to that there is a quies may in each of the three cases whether there.
these bibals geated-the exaol words has shouted any-referred to ILLES B
steadily increasing demand for ios, during graph vuae from, but he would ask the fury all-feeling continned to the time of the referred to in evidence. It has been angahulish altogether from your mind as application made. His Lordship ther
the summer mouths, for it is a very fre gelse that thu adan who cuncucter it the ghostinn was was right and who was speech of the learned Counsel was to augtion of delay in these proceedings. This was a libel or no libel to be kidwell, and thatted that it did not anything else is not affect on the bled through inst hias 1 do
our portant matter, gentlemen, that car me The Jory after an abaetice of three cuar-
me wa Bidwell, and that he sent in to New wrong in any quarrel they had whether in gest that the defencent to a certain extent Sist libel appeared in 1896, and now we are
Mesarse York. Les it be admitted that it did not regard to riding or antilsment of counts seted against the plaintif through Mesars to 1890, and one would expect that the tera of an hour returned and gave a rordiol.
chivery ainult keep pace with the calls upon it, as any seglet in this direction ranch the Hongkong Telegraph in any other or anything else is not material to tho is Bidwell and Titan, and on the other hand piniotit if he suffered heavy damage would for the plaintiff in each of the thres libels,
would open the dent to competitors. I than that on Telegraph in any that regard to riding or they had whether way than that which had been statud; still uo, but it may have an effect on the ques that Menace Bidwell and Pitman were tako aus stops before this. His statensen: allowing him Sul on the first, $1 as the
but it may have an effect on the
The first ordinary general inceling of the think we may consider ourselves lucky in the publication of it by the defendant shown of slice. On the other hand it may enabled through the operation of the with regard to this watter is that beinging secoori and $300 on the third. ed the malice of the man. The Jury had not be safe to candide that Eny defendant to act against him. I do not
do not an action would bring him into dis His Lordship therefore enterod judgment shareholders of the Songsi Koyah Planting relating the monopoly so long, and us. beard enough about the letters which had il-feeling at that tiuso had real think I am overstating it when I say stndit with the Chinese official. Ele for the plaintiff for $251 and Coats of the Co avany, Limited, was held this afternoon. must be blind to what is trauspicit
think дой bou in, and he would not go back to them, boating at the Ume of these libole, that was the Auggestion that there
it worthwhile Suit
Mr R. Layton presided, and hers were around us, and to the fact that the high alno present: Meners H, L. Dairymple, W. price at which this Company disposes of but they could see that this last stack I therefore think it is veteranry to draw was, if you wish to call it by platň
Wition. 4. G. Stokes, H. P. Tenenat, its produeix compared with all other core dur your attention to the wording of the letter, terms, a conspiracy between Mars Bid worth while, and it is only fair that you FRAGRANT WATERS MURMUR on the defendant in Lis capacity
and J. Moffat.
patios to the Ei may truph others, at on the stock exchange was still part of the Now Highland Fling had been raced and it well and Pitman and the defendant to inabond take into consideration the questiou part of the Now Filjund Fling hand been resedett terme, a conspiracy between Bears Bid bringing an action; now he has thought is
and
this point I think I should mention that old account if you don't send me that was suggested in the opening that it was jurs the plaintiff. You must not act, how of time. Although no special dainag in That it is alleged the Victoria College took draft, beware! look out! You had heiter the failure of lightanding that was the ever, upon the statements of coms. 1. you shaired the jury are not limited to mouxisual sattle it if you want to avoid trouble, if you cause of the trouble. Bot Brandt was in the must not pou the evidence and say dama
adama, 68. The jury are entitled to com wish to avoid trouble you will never get defendant's house up to the end of the whether you can see in it anything that sider whether a statement is naturally
shall be gind to goswer any questions you questing then to call an Extraordinary ovor. This man since that time had lift meeting, and for anything we know helps to the conclusion of the existenics of infurious, and give compensation whers That this view can only hold water (not the may wish to auk. The Company has been Meeting with the object of increasing the 1 whenever he could, under the there was no open quarrel between malice in this connection. We have had tha, aatural tendency has been, is, or will
roof, mark you) if we accept the Chinese very unfortu ate in haring so many unex-Courpany's capital, which in my opinion accept the Chines foto The Company has bequesting boreholders 19 pected difficulties to contend with during would be a mistaken messuto, and use bult tor, boosua Brandt had not a the parties until Brandt left Canton. the subject of a cual contract in the year bo in the future to injure a man.
inverse, iden of building the roof before its first year, and though difficulties are, it which I may as well bag at once, wou'd rownpaper of his own and was only You see this letter begins with a 18-7, the subject of a promissory note ke
the foundations.
would 8960, inseparable from the early meet with no countenance from the General a private individual. If a single witness very serious charge on the foun of it against ing giren to the compradora in order to
is had not been called to show it, it stood Mr Brandt. The defendant wrilca to him. pravent an arrangement with the Chinese
The defendant writes to him, preventual. But, gentlemen, those things which was published to
all.cvernmeal. 1888, rot
Now we come to the prize-fighting libel That, all the same, the roof is being either stages of sil-planting Companies, still thie Managers. I think there is nothing I can to reason and common sense that these You are only a shallow rogue after all. Governmeal. But, gentlemen, these things
roplaved or very largely altered, and it Company ha perhaps had rather more usefully add to these remarks, but before libels were bound to injure the plaintiff's Asd you gives the matter the slightest in themselves do nestablish prost, and I which was published in the 31st December
that ite share. The work of clearing the waving the adoption of the Report and 1888, rot so long ago as the other, but credit and 1888,
ang private architect had been compelled Estate was commenced in December 1888, nocounts I will be glad to answer any ques putation. He (counsel) did consideration I hardly think you would am not able to point to you at the present till some time pravions to the suit, which
vaidetation I hardly think Bot stand there as an apologist for enli bava over-reached yourself and placed your moment anything in the evidence of this ill
was at any rate after October last year. to re-construct his work within so short and Mr Konbody and his assistant took tians which shareholders may wish to mited share speculation, but he asked them self in such thoroughly ignoble position case that ces establish proof Bat that is was
Now bear in mind the definition of libel
charge of the place in January 1889. In address me. med say whether this is a libel or mero to look around and see why were the lead- for the sake of a for hundred dollars only one matter, and warn you against
time, after spending two Jakbs and a March of that year progren in the general Mr McCulloch--Mr Chairman, I would men in this colony and how their However, you have done an, and you will placing any reliance upon that, as I do ues chaff and banter. The question of lis half of dollars over it, he would minst work was being made and the manager then like to propose that instead of placing money was made, and let them say whether have to bar the consequences. Ated than wish to draw your attention from what is c
and let them sayintel- he goes indt with obtain money connection show malice, and batanes ut also bear in mind some bearing upon tenths a sory cynien
what bel or no libel is, I may say, the only
probably have done the roof at his own expressed himself as well etished with the 87,500 to reserve and depreciation funil, soil, and to make sure of a crop for 1889 the full amgust be carried forward to nes? it was not by the exercise of intel-he goes into matters of account. He material to what "I consider to be not bel
схреове:
for a full tabour supply which was account. ligones, judgment and curage on the charges Mr Brandt with obtaining money material. There are particular facs in defence that is raised. If it is a libel
then moisblishing
inter- Mr George seconded. stock Exchange; by buying at the right under faizo pretences uning money connection with each of these libels which it may be assumed to be malicious to thos and selling at the right time. Why which belonged to him (the defendant, and may taud to show malice, and what I have the extent of establishing on action. That a sort of interim Farewell Address is given to him, but in consequence of meta-
at
being.signed for presentation to B. Eonsble weather and other causes the cooThe Chairman Gentlemen, you hare lies aufered severely from sickness. There heard the prognzal made by Mr McCullosh should not be pisiutiff exercise his then he says and this is the material fadgment and place is only fained 9916.43, and thone tell you plainly tion of the avise cases electively wow, the referenca 20
balance of what I have to say on the question of ex-lao bear in mind certain expressions usod
I
which may have some the the Governor, judgment and place his fortune on the of the letter. He otsima a not trial pact said already is, I think, the subatanea of And in connection with this you must
were many deaths and desertiors, and the and resented by Mr George, and while t result in the surou way. He only claimed 9216, 43, and thonghe says. Now to prevent press malics, that is to say upon the ques-westionof ezres males in intens of I dot couro, savoi
alice question of express malice, wicked laten-Ths: a sery cynical friend of mine, who la physiques of the coolies themselves seems to do not see the advantage of it. I will be the mums right as others, and tube left any misunderstanding, I tell a plainly tion of the evidence of express malice us to injure. That is of c
have been inferior and consequatly a very glad to put it to the mosting. The veighs in general and swooping forms large portion. (any one-third of each fuldy of proposal is to the other list that t
of the alone. He was brought its Court in con that if I do it rodaive a draft for flute applicable to all these casca cn lcctively. 14 alone. He was brought us Court in out pross malics, that is to say tipon sas
tot nection with a small share transaction, and amount on or before April 15th you will I may have to draw your attention to indi N
before April 15th you will I may have to draw your attention to indi-kuow, the referenca to Mr Brandt's father
and mother. Now, focures it is a very against all such • tulsome adulation of the fields had to be left unplanted Talalces currying forward only $300.78 to now re was then libelled in the vilast and most have to beat the consequences. I shall vidus facts in connection with the sepa
with the sopa delleate matter to speak atout especially in
simple performance of duty, is up in of booties entailed a serinas expence to the count, the whole amount be carried for- malignant manner, as welsher on the expose son not only in Hongkong bat in rats libels, And now we will consider
nsidera priblia paper. Die Brauct is made to say,
Company. In October, when the crop was werd, that is to say, including what we stocir exchange and a social pariah. What Shangbai, Foochow Amy and throughout these alleged libels, zeilatim.
I have never seen my father and I am
about half-grown, & over loud took pizce proposed to put to reactre
ten 64 fields and by Mz MeCulloch was done throughout the whole of this case the Far Erst. I think I can promise yon
doubtful about my mother. Well, as I That it may be granted that the adds and destroyed the plante ca 64 fields and Tho monton was carried men ca. although justification had not been pleaded that when I lay a statement of my cate
In the first once-The arms use, the libel as you may gather malice from the
wanla has been very much ovardons of this may be leaked upon as costing The Chairman With the uendment was to bring everything against the plaintiff with the necessary doonipentary evidence
late, and certainly the banquet business the Company some 893 to 230,00. I am that has been proposed by Mr McCulloch, businesses that these foods, we are assure I now teg to propose that the rujurt and was so manipulated by the half-century ed, are uf quite exceptional occurrence, accugets be adopted.
Mr McCullock-I have much pleasure în Governor that it has quile gone out of and lasmuch as our plating operations
baring hesu commened 3 months earlier seconding that fashion
The motion was carri di It is highly improbable that there will be
On the motion of Mr Cox, secouded to of auch der M. re That Governor Des Voeur has done well to recurrence of such a disaster. In Decem
decline a banquet-purchases. Upon the ber again there were very heavy rainstorms Mr Danby, Me Tham stuld wa
which tended greatly in lighten the best that elected auditor vise grounds of medical advice, uuques was then unit. Mr Kesnedy on his visit
The Chairman said that concluded 12 bere Infosed that the Fatate would haves. The vidend wartaiite would ho tionably also because banquets are not so bere info
ship 180 plebla in April next, and from the shed at: Tueday morning, chotsest as they onze werci
Me MeCodec-1 bag to propose a vole report on the musters that have been sent.
McCullo likely to do well. By this last mail we re danger for these i xcellent account, That, notwithstanding my gynical friend, I heas it would seem the the tobaco le of tanks to the General lagers and am of opinion that Sir William Deo Vaux tritten reports try the London The motion was tied by nosimmationy deserves all that has been se: forts in Tusicos Brokers, and they feraibe the leat qua the Unairamu exptorsed his ibanks for. the Address that is being signed for him. as of a good quality and ally texture, and the compliment
way
him
ing
not
EXPRESS MAŽICE.
监
the anga 09 1
MR DIDWELL AND UR PITMAN,
THE ARMS LIDEL
will
I
THE PRÍZE-FIGHTING LIBEL,
in-so
ments bele.
That it
the season.
SONGET KOYAH PLANTİNU COM- PANY, LIMITED.
ay
The Chairman sallThe report and
so lng a time to build that the roof km accounts have been in your hande for noue the General Manges have received a letter givou way in the meantirne.
a a
as a man socially as well us in hostess to before the public through the medium of As set forth in paragraph 3 of the petition, language med, and if you think that try and shu that the libel was true, the Telegraph and telere orezy racing tri-is as follows: With reference to the para is a deliberate insult to a man's family The defendant, this fias old eporteran, had bunst in China, that your rucing sureer graph in our issue of the 13th inst, regard you cannot doubt its being malicious
the pattinnes of bring has Anished, even desconded
A good exouse has been ing an action brought by Lam Hon against but you must bear in mind the defou- in the coffee book of the Race waited for somas tiris by tlie racing autho. Mr Oscar Braudt, for the recovery of bre- dant's explanation of this. He says and to show that the plaiutiff had rties, not only here but in Shanghai to forago on an alleged enle of arms wo are the whole thing is so absurd from begin-
his paid
for justify your balinggared of" for life informed that some publicly interesting ping to end that nobody would place the five stollars
ofur feinformed coffee. Could anything show them better Now that undoubtedly is a threat by the details will come to fight at the hearing alightest reliance upon it. It may be so or coffee. Could anything show them better justify your banggared of for life info dan alleged enle of arms wo are the whole thing, is the spitefulness of the nian? Cutld any defendant to use his newspaper, the tona, which will not only seriously compromise it may not. It is for you to say. It way thing better iffnstrate to them the manner king Telegraph, as a means of showing op the the defendant but also those from whom he be to a certain extent and up to a certain in which he had done everything he could plaintiff if he did not settle the nocotine, purchased the arms. We are also informed folat banter and then it shares its clars to take up everything against the plaintiff the demands 16.48 and says If you do that the matter has already been brought ster With regard to the misation of the
water, banter and the and up to t Could anything better show the meauness not pay, I shall show you ap in the longs to the notion of the Crown Proteuter. In stomach and the beder for the belt and all of spirit of this inam, who will nowing kong Telegraph I do not think you can the suit Mr Jno. 3. Fencia, Q., has been that part of it you may think it is baster that the plaintiff, rightly or wrongly, can have any doubt about the meaning of that retained for the plaintiff, meaning therebyet you my think there is something ske sidored himself a guest at the time, brought alter, But the defendant him told you he that the mild Ovar Brands, this plaintif, beside You may think it is not altoge Such a thing sa this galust limf Not only never intended to carry out that threat and had in or about a sale of sems in the said ther chaff and that it is not a proper agb- that but he had the meanness to bring it you must also bear that in mind. But the paragraph referred to been guilty of some, jeet for sheff
Proesaught
shall
and
bete
eu
j
vory
time, and before proposing the adoption I signed by number of
a