September 28, 1908.)
COMPENSATION FOR TYPHOON DAMAGE.
CHINA OVERLAND TRADE REPORT.
231
THE SHANGHAI LIBEL ACTION. I is offered it is a matter for the discretion of the
Magistrate to decide whether it would not be his ✨ duty to commit anyhow,
"L
THE PRELIMINARY PROCEEDINGS,
The comprehensive report on the typhoon of 27th and 28th July last, laid before the Legis. |
Before Mr. G. W. King, British police lative Council, contains an interesting state.
magistrate at Shanghai, on the 21st instant. ment by the Hon. Registrar General as to
H. D. 'Shes, proprietor and editor of the relief granted to the sufferers.
China Gazette' A meeting of
was charged that he contriv. the Tung Wah Hospital Committee was held a
ing and unlawfully wickedly and maliciously few days after the typhoon, at which a Relief intending to injure, vilify and prejudice the Committee was formed. It was agreed that said Labbeus Redman Wildey, Judge of the (i) Big janks and fishing junks, which are!
United States Court for China, and to deprive financed on methods approximating to an
him of his good name, fame, credit and reputa- insurance, and which contemplate loss by storm! tion, and to bring him into public contempt as a risk of the trade, should receive no com- scandal infamy and disgrace, unlawfully wickedly pensation. This was the course followed after
and maliciously did write and publish and cause the typhoon of 1906. Charity should however
and procure to be written and published, a false be extended to necessitious survivors of such scandalous malicious and defamatory libel in the wrecks, especially to widows and orphan chil-
issue of the said "China Gazette" newspaper of dren (i.) A sub committee was appointed to
the said 4th day of August 1908, in the form of inquire into cases referred to them by the
an editoral note or comment containing divers Registrar General's Committee. (iii.) The Com-
false, scandalous, malicious and defamatory mittee farther recommended that a letter should matters, and things of and concerning the said be addressed to the Government to be forwarded
Lebbeus Redman Wildey in his capacity of to the proper quarter, expressing the thanks of Judge of the United States Court for China. the community for the action of the crew of H.M.S, Astraea in rescuing certain Chiness, The recommendations of the sub-committee which were adopted, were as follows: (a) $6,645 to be paid to the owners of 75 craft. (b) $500 to be paid to the victims of the collapse of houses. (c) $1,000 to be subscribed to the Blindenheim, Kowloon.
Claims raised in connection with 44 craft were disallowed. Besides these, 116 cases of loss or damage were reported; but the sufferers in these case had failed to appear, although notices had been posted up five times calling on them to do so, and other steps taken to find them. The great majority of these cases were either bogus, or cases where the injury inflicted was trifling, or where in no case could compen- Eation be awarded. The Committee now re- commended that the enquiry be considered to
be closed.
or Crew
CHINESE APPRECIATION OF
BLUEJACKETS'
11
GALLANTRY.
The following is a translation of a letter addressed by the Tung Wa Hospital Committee and Repressentatives of the Chinese community to the Bon. Registrar General in acknowledg ment of the services of the crew of H.MS. Astrasa in life saving during the typhoon : Sir, Daring the typhoon of the 27th July the cutter lowered by H.M.S. Astraca was the cause of saving the lives of many persons from those junks which were late in making for shel- ter. We understand that an Officer and 12
sailors showed the greatest bravery in risking their own lives at a time when the sea was high in order to save the lives of others. This deed of heroism is greatly admired by all sections of the community of the Colony. In our letter No. 115 we stated a desire to make a small pre- sentation to them as a token of our appreciation, We regret to learn from your letter No. 194 that the cruiser has already returned home thus preventing us giving effect to our desire.
"?
The Crown Advocate, Mr. H. P. Wilkinson, prosecuted, assisted by Mr. R. E. Gregson; defendant was represented by Messrs. F. E. Ellis and Godfrey.
The Crown Advocate said the words com. plained of were the foll wing-
"An exhibition of greater indecency, of more venomous mendacity, of meaner innuendo, & greater contempt for the truth and justice, and a wilder desire to simply revenge himself by besmirching the name of everyone who dared to criticize his methods, bas surely never been presented in any country by Judge than bas been given in this case by this coarse, unscru. pulous, ignorant and vulgar moantebank, whom the grim irony of corrupt American politics has entrusted with the discharge of judicial func- tions-functions that he is intellectually, mentally and morally unfitted for and incap. able of exercising. The miserable tactics of Mr. Wild-y, while before the Committee, remind us only of the daolios of the squid, the creature which when pursued hopes to escape by darkening and poisoning the waters all round it by the discharge of the noxious Willey made the above statements—and here fluid concealed in its glands. When Mr. is the innuendo complained of about this paper and its Editor-" he not only was lying, but we say it deliberately, he knew at the time he was lying, his only object being to mislead the standing and record of his oritics in Shanghai. members of the House Committee as to the
It was surely a poor ròla for a judge to plead in order to excuse bis own protection of notorious swindlers, that the British Court and British Law in China are parties to like Mr. Wilfley falsely and audaciously pleaded." swindles under the Hongkong Ordinances, as
The Crown Advocate continued:-It is now my duly, and I am entitled, to refer you to the questions put down in that paper as having been isane of the paper itself. You will find certain asked in a certain form by the Hon. Judge Willey, in which Mr. H. D. O'Shea, Editor of the "China Gazette is referred to, and his character and social position and political ideas are dealt with, so that the innuendo is put in meaning of the questions referred to by Mr. here in order to lay before the Court the O'Shea.
1
The writer of this article, whoever he
The Officers and crew of H. M. S. "Astræs have gained a wide reputation for their dis. interested bravery, Being endowed with love for their fellowmen, they used their energy to save the lives of others, and, in picking up the is, insinuates that in asking these questions the drowning, gained honour for themselves. Judge was revenging himself on those who Although we cannot requite them with a pre-criticized him. These are the words complained sentation, this act of humanity will for ever exit in our memory. We shall consider it a great favour if you will be so kind as to convey for us our sense of gratitude.We have &o."
An official statement is published of the present position of the Indo-China railways. The section of the Yun-nan line between Laokai and Meng-teze will probably be completed and opened for traffic during 1909, and the entire line as far as Yun-nan-sen in 1910. Work on the Hue-Kwang-tri line is being pushed rapidly forward, and the railway is expected to be opened by the end of the present year. As regards the line from Saigon by Khanhhoa to Lang-bian a portion is already open to traffic, that between kilomètres 89 and 134. Last year was a bad one for Indo-China railways owing to various causes such as famine, &c.
of. The proceedings are brought under section quoted, enacting that maliciously publishing & 4 of the Libel Act of 1843 (which Counsel defamatory libel rendered a person liable to imprisonment in a common house of correction for a period not exceeding two years.) This section does not make any new offence. It is a Common Law offence (Counsel then quoted the Newspaper Libel and Registration Act of 1881, sec. 4 which defines the defence that may be offered). That section of the Aot was passed after the case of Rex. v. Cardon, in which it was decided that evidence of the truth of the libel could not be received by a police magistrate, and a certiorari would not "be issued to him in that case to hear evidence of the truth of the libel. Even this section now says "the Court may receive evidence as to the publication being for the public benefit”. If such evidence'
His Worship-The cbarge is "knowing it to be false." I must hear evidence on that point if it is offered.
The Crown Advocate-To libel a man in his profession is a very serious matter indeed.
Mr. Ellis-I don't want to take up the time of the Court, but I should like to know what my friend is trying to make out to your
Worship. It seems to me that, so far as he is concerned, the proceeding should be simple and very brief, All he has to do is to offer evidence of publica tion, and that it is libellous.
The Crown Advocate-That is what I am taking now.
Mr. Ellis-That should be a matter of two minutes (Laughter),
The Crown Advocate-You admit the libel ? I will say nothing more.
His Worship-It is a question for me to decide whether it is libellous or not. Ought you not to call evidence as to who is editor of the China Gazette !"
The Crown Advocate-On the exhibit put in on ho evidence of Mr. Cobbs, and in the news. paper itself, ou page 2, it states "Henry O'Shea, Eator, No. 1 Balfour Road," I think that is a point that would now be for the defence, if the wished to raise it That is in the publica- tion of the paper delivered to Mr. Cobbs.
Hi Worship-Upon that evidence I shall frame a charge. I am satisfied that this paper has been brought home to Mr. O'Shea.
His Worship framed the charge aa follows:
For that you Henry David O'Shea, proprie- Lor and editor of the Chins Gazette," on the 4th of August 1908 at Shanghai in the Empire of China, unlawfully did write and publish a certain false, scandalous and de amatory libel of and concerning Labbeus Rodman Wildsy, Judge of the U. S. Court for hins, knowing the said libel to be false, contrary to the Statute 6 and 7 Vic. c. 96, ɛec. 4."
His Worship then gave accused the statutory caution, and asked him if he had anything to say
Mr. O'Shea-I plead not guilty; I reservo my defence.
His Worship-Do you desire to call any withesses?
Mr. O Shes-No, your Honour. Mr. Ellis-I should like to add that in addition to the plea of not guilty by the
defendant there will be a furtuer pies of justification at the proper time.
His Worship-I would rather gel that from the defendant.
him. At the proper time a further ples will be Mr Ellis-It is not necessary to get it from filed that the words complained of are true and published for the public benefit.
His Worship-Henry David O'Shea, I commit you to take your trial before the Supreme Court.
And
Defendant asked to be tried by a full jury. bail
His Worship-There is now the question of The Crown Advocate As Mr. O'Shee conducts a newspaper here, and has settled here, the Crown is prepared to accept bail in a reasonable amount, but it should be a substantial
sun.
Mr. Ellis-I don't think it should be a consideration of the appearance of defendant substantial sum. The principle of bail is the
away? at is trial. Is it likely that defendant is going
The Crown Advocate-I don't know. I pregume not. I think Mr. O'Shes should bind himself in £100, with one British suraty of £100.
Mr. Ellis-We are prepared to find that bail. His Worship-Very well, himself in $1,000, and one surety approved by the Court in the same amount. Have you your surety here?
Mr. Ellie-We brought two sureties to Court. Mr Thurstone is one of them. Dodall is the other. Mr. Dowdall, I understand, Mr. William
is ere.
His Worship informed defendant that he was entitled to a copy of the depositions, and the Court then rose.
of Japan roosived the Maharajsh of Sikkim, and Their Majesties the Emperor and Emprese Lieut-General Sir Roginald "Pole-Carew on the 18th inst.