WORKING ACCOUNT 1988, DN
To balause enried forward.......
Cr.
929,150,30
The 323,130,40
Taels.
20,014.73 7,320.39 205,605.14
By petaru mul ze-insurance promis, let. January to 30th Jano, 1899)............ By und dharges aiul income tax
Ines and fees paid
WORKING ACCOUNT, 1589.
Tln, 823.150.50
To not promin, lat Jan. to 20th June, 1880
To intorert
me
To transfer and gortlésanto tuvastamina. To prefit on London investmont realized...
Hi Lordship-Wall, I` great anny are in the colony.
MALL SUPPLEMENT TO THR - HONGKONG DAILY PRESS," OCTOBER 18TH, 1889.
X 560 a shares in a falling markat, that I could never take them up, that I played a game of heads I wintaila Tea boom" &c., &e, knowing porftly well from the evidence that I had parelse those harm to be do Ivered to a person who afterwarde became a defaul tur; &...
Mt. Webbor-1 shonld have said debtors. Bie LordshipThat is another thing. I seo
there are no assste.
Mr. Wobler-No; there are no assets in the colany.
His Lordship-Yas; that is a striking fant. Me. Webber--Ha in one of those travelling traders moving about from place to place.
Bia Lordship aid he saw there were debta dus 88.000, and creditors to the extent of $60,000. He would adjourn the oss for Tle.
fortnight to give the creditors an opportunity 72185.13 of taking their own course."
23,025.31 -33.00 $1.67
Tle. 7:3,297.44
Co
My seus ovinar, in January to
3th Juce, 1850
By ngesoy charges
Hy general charges
By lead affice charges.....
Dy London charges.................
By Hongkong charges
By Yokohama obarges....
By Sug perricharges.
By
and anditore teas.
By insome lat sa mga
By arcange copant
33-sex-claims.paid.
By balenco onried forwar
R. H. Lavas ?
4-Your infamously and awardly comparing myself to Welshers" your mom and totally natrag attacks other grows tuulta shall not be loft aupafshed, I ME-
are soo
to his Warabip to show that a wile reading a letter containing a tibel against her hus band was sufflelent publication of the libel. He was proceeding to find the authority when the itanse pointed to a back which was lying on the table containing the authority.
Mr. Brandt-I distinctly protest against the His Worship-it down. Mr. Brandt,
fbem did. to mo that I could not afford to let this matter fillin in the Victoria Wotni verandah -Most of rest, without taking some notice of it?
Witness-I think not.
File Worship That is irrelevant; Mr. Brandt-I want to show that I reula part of the letter to witness as a private commun- cation, in answer to some remarks of his, to how him that I had given the man a shanes to
On this occasion, when I showed you the letter in question, that was aftur til in the hotel verandah Ian, it wen
te
dd yours, when this has been
jag to the fact that an
on my part forin ago and ineitstag tárms and | wiénors prompting his lawyer, apologise. It was not publication-in our henge it wver and tell me what you thought of it ?—Yes. Lack, and now every tosi and pasṛly every latin
Se far my statement. You have dared to porne- cate me is your vile paper for you. I have hitherto ignored you on the principis of da
Mr. Wobber-Hero is a phrase in high Datoh which I can't read
"
Mr. Robinson-TEen it is uo libel f Mr. WebberWoll, I can't get my tongue round it like Brandt von, but I will spell it out. Defendant-If you can't read it you had bot- ter get someone who can.
Mr. Wabber immot undertako to read your bad writing.
Mr. Webber having ofted the sathority, sald whatever.
.....
be had no further questions to put to the win Worship That may be relevant for bur- Mr. Brandt-I should like to nak the witnes ataša purposes, but not that for which I am in- gaestion or two if I may still reservs my right voetigating this one.
Be-aramined by Mr. Wobber to recall him afterwards
When the captain aaked you what sort of a His Worship You trust either reserva your right to cross-examine him afterwards or guesman Mr. Brandt was what did you say?I
described his appearance.
Now, Mr. Lang, I may tell you that you have tion bim now. Yem carnot do both.
full protection of this court from soy action Mr. Fraser Suith left the box and procented which may be, taken against you for what you to his seat, which Mr. Brandt bad in the mean-tay in that box, and I sat you again what did.
Mr. Brandt 318 I described his appearance time occupied. Mr. Smith requested Mr. Brandt yen say who you were sked what surt of a man to vinto his geut.
M Brandt-Then I reserve my cross- uzsmiuation.
IN THE MATTER OF CHI LIN CHEE and OTHERS. Mr. Reece said he had to make an application under sentina 18 of the Ordinance on behalf of Bob Judgment creditors that they might be a Ti.
liberty, notwithstanding the execution of a dead
Lotter continned"Wer Pooh agroift betalt 7,408.88 of composition by the debitora, to issue exvention 6,434:07 prcare. The debtor had carried on bus siob, but I shall put a stop to this now, Yon Inve ran to the end of your tether. I shall give you just 9,994.01 inossas bunkers. He contended the dead
one day to think over your misbehaviour, but unles 16,750,47
you publish in your Thursday Fissue a most amblo invalid as against his clients, and 2922 cited the case of ex parts Gordon. L.T., N.S., 754. 2d straightforward apology. I shall had the way toto
8292.46 3,036.00 in which it was bold thet aration conld servings you that the lap ni the colony is well gap-west beside my lawyer 2.418.41 issue and the question be tried on an application sale of awarding wundign punishment to a wilgan to
It was believed thors revile, malicions elamerer and coward! 3,000.00 Le rensove the exeuntion. 1875.00 wasomi properly of considerable value not 5,118
boluded in the deed. 194602.57 475,502.gi
Tig. 753,007.40
FRED H. HELL Directors. A. G. Woon
W. II. PERCIVAL, Acting Secretary
SUPREME COURT.
9th Octuber....
JN SUMMARY JURISDICTION.
BEFORE MR A. Q.-Wien, ACTING PUNK
JonGE.
HUXLEY. ROWLAND This was an action for $1,000 damages against the defendant, the chief, mate of the America__ ship William H. Conner, for usuelt.
thir oese was adjourned from the previons day in comerquanés of an objection raised by Mr. RB. Withers, Vica Consul for the United Seata, to the jurisdiction of the Court:
WHA
His Lordship granted the application,
I must ask you to publish his letter at once in your in-zot less.. If you retous then I shall know theron tae lost work of bonour and manances has left you.
Youre obediently.
(Signed) 0. BRANDT,
IN THE MATTER OF CHUR WING. Mr. Lodyk appeared on behalf of the bankrupt, who is in gant, to apply for his releas
ilongong, Uth October, 1889. Prays Central, No. 15.
Mr. Brandt dochined to do so. “ Mr. Fraser Smith-I must ask your Worship request Mr. Brandt to allow me to take my Mr Webbot, to dofondant Get out of that roat, sir, I will not have you sitting beaids ma.
His Worship-Ton will be good enough, Mr. Brandt, to give. Mr. Smith his soat,
You did not say anything about his charte ter P-No.
Did you tell Mr. Brandt that the captain had said it was a soarrilous article -No.
No.
Nor was the word "blackguard" sad You hare beard part of the letter read, do yon think you ou remember it do not know.
His-Worebip-Yea have not yet proved the letter.
Mr. Wabbor-Wall, your Worship 1 will prove it now. The proper way is to read certain gs from it. Listen, Mr. Lang, and so if Hls Worship-That is not relevant yet. Mr. Webber-That is the only way I can prove it.
His Worship-Before you go on, Nr. Webber. I am not quite certain on ous point I should like to see some authority on the question as to the publication of a copy being the same as a publication of the latter.
mer fool had not had ting Mipro Cotoler. This year, how over, the whole concession, with the exception of a few low lying lote, had been quite how the highest watermark in thoriver until Friday, the 4th inst, when water began to poor in from the jaundated. Some of the oldest Chiam residents in Hanko say they aerer remaxbor the river ring in this way so inte in the your The in mediata unse of the insulation was the barsting of a bank which bas beon of vomsiderable marion during the summer in keeping the water at the back of the Settlement at n. lower level than it has been on the plain outakk the wall. Owing to boat slightly higher than the water in the Yang- a rise in the river Han the water on the plain has tase, mud when the bank just referred to gate
What did I show you, a letter or a copy - I showed it to you and asked you to read press copy.
You are professional man, a soligitor prae- Would there have been soything to prevent ticing in this Cotong Yo my employing yon in this mattor if I led thought it becsssary P-Thors would be nothing to prevent you employing me exopt the question That in a different matter. There was, no whether I would have acepted your retainer. thing to prevent my asking you -Certainly not
Re-uiamined by Mr. Wabbor, Would you have accepted this retainer No. By his Worship-I suppose that would do way, it found its way late the Yangten from the gradually by the regular shannel. Of course this asss, yriar. Worship Brandt, whohad ours is a considerable amount of sulfuring pand on the manor of remuneration Not biele of Hankow instead of coming down more
Mr. Webber berassked Mr.
in
xian Manding by the side of the witness box after concluding bisaross-examination, tesitdown.
Mr. Brandt declined to do so.
Mr. Webber appealed to his Worship ke order. Mr. Brands to move.
His Worship-exid he did not consider Mr. Brandt was in the way.
amongst tho Chiasse, any of whom live on ground that in mnoha lower than the level of ave British Concession. After the barsting of the bank, the water rose insome Chinese honsos from two to three feet in s for hours-Mercury correspondent.
His Lordalap-I said that if the Registro Now, your Worship, we contand that this letter colting across to the outpleinast he mid- you can recogrisa any of these passage woald be allowed the licence be has been. On too 5th inst the water rose Mix íveltes in
warmtised the man might go. Has anything happened Mr Registrar P
The Registrar said nothing bad happened. His Lordship Then I am afraid ha man t stay in prison, but I dare say this old man does not know so work about his property as his friends
do.
Mr. BoDy-Yes, and I bare his son here. His Lordship-If we could put the son in guol and let the old map out it might be a good thing
The application was refused.
IN THE MATTER CR BIG Cuv. Mr. Ho Wyaan appeared for the debtor and applied for adindication and predeation, which
Grs granted.
wera
IN THE MATTER OF CHUNG BIao Kwox. Mr. Rodyk appeared for the debtor, why #p: plied for adjudication and protection.
Mr. Boules appeared for opposing creditors. His Lordship granted adjudication but Det protection:
Mr. Webber appeared for the plaintif
IN THE MATTER OF ROZALINA FUNBEÇAS His Lordship, on the question of jurisdiation,
Mr. Webber appeared on behalf of the peti flolirered judgment as followsThis an
the plaintiff daimas tioner and aid his client had been in corre. nction in whiet $1,000 for damage for analt allaged to barespondence with her husband since the last sit Jaen committed on an American ship on the ting, and be thought if anotheradjournment were high seas, the plaintiff being a British subject, granted some arrangement might be came to.
The case was aljournal for a fortnight. and the defendant an American citzon. As ob jection to the jurisdiction of this Court was taken by Mr. Withers, Vica-Govered for the United States, and certain suthorities were quot od by him in support of that objection. 1mnat May, on looking through the case and sathorities qualed, I do not think they apply to the presont action as most of the cases have arises from con- tracts or griminal offences. If both partisa had bean British subjects there would be no doubt as to the jurisdiction of this Court, becausa ît: has been reportedly laid down that an action can he mosintained in one Courts by one British sub-cerning Robert Fraser Smith, journalist
POLICE COURT.
14th October
BEFORE ME. E. ROBINSON.
CHARGE CF LINEL.
Ogon Brandt, marchant, was charged_with_ publishing a malicious and defamatory ibal con-
Mr. Webber appeared for the complainant: the defendant was not represented by counsel).
Mr. Wobber was proceeding to open his case when the defendant sakud that the case might be remanded. He wished to obtain irgal sistance.
vot against another for a wrongful action done in any veuntry, and of course on a foreign ship on be high seas the same principle, holds good, pre- vided that what is sought is damages and that the action could be maintained in theometry in which the wrongful act was conxitted. I think the
Mr. Webber-I object to any remand, your principle applies equally well in a was like the Worship. Mr. Brandt was sorted with a sun- prescot one in which the plaintiff is a Britist subject and the defendant a foreigner-It is cos.on Saturday and ho has had plenty of time alte trae there is no direct evidence that plain to procure legal advice if he had chosen to do so. The defendant-I was only served latoon Satur tift would have brought his setion in the Amer ican Courts but it is distinctly laid down in the day afternoon after all the offices were closed..
His Worship said he thought the case might case of Sootte. Seymour that in thealasence of any spreial plea or allogation that sack action could be opened and then Mr. Brandt could reserve not be maintained in a foreign country it must be the right to gross-examine the witnesses until bold that it could he maintained. I think this he had legal assistan Helium could be brought in the American Court: and therefore. I decide that I have jurisdiction is
this case.
Mr. Webber-I think your Lordship ordered ploadings and a jury.
Hardship Yes. I will taks the can m son BF you are ready with your pleadings.
:11th October.
THE KOWLOON LAND INVESTMENT AND BusTING COMPANY V. GE IMBLE, This was a claim for $262.50 boing the thfocence and brokerage ou twenty-five saree of the plaintiff Company which defendsat bad promised to take up at the end of September. My Hastinga eroared for the plaintiffs. Defendant did not appear,
The defendant-How can he cross-examise, if he is not present to hear the ovidence P
Mr. WebberHe can read it I sm quite roady to go on, if your Worship will permit me. This is à essa
Defendant--I do not think it is fair to me- Mr. Webber-Will you allow us to opon my case, ir? You have no right to speak at presant Yog have no lose standi es yet.
His Worship I will hear what the defendant bee to day.
Defendant hold that the evidence she'd
bo beard by a legal adviser, because it is not fair to me to go on with tas case while I sm without My legal adviser cannot pro legal nesistance.. perly cress examina if he is not present to ar the witzesse
His Worship I shall take full note of the avidence and you will have the right to be gross-examination of the witnesses till you have. legal assistance.
3 Shelton Hooper, Suretary to the Company, said that in the middle of September be received an agreement from the defendant promising The defendant-I have another ground of uk to take up twenty-fire shares at the end jection. This summons was not issued against of the tenth, and signed by Mr. Deacon me until I had issueds writ for damages for as a witness. The shares were not taking up and libel sgausst Dr. Fraser Smith in a civil suit on the 5th October they were sold and realised This is simply a counter action to get me out of $500. haing at the rate of 820 per share. This my va left a balance of $250 owing to the Company, and 12,59 was paid for brokerage.
Jobs Andrew, share and general broker, proved the enle of the shares.
Judgwent wes giran for the plaintiffs
ALEXANDER & BUTMAN.
tiff against the defendant, the master, of the
Court.
Mr. Brandt having retarded to the other side at the table where he was standing at the corareppoment of the non, fitfed his hat from the table and appeared to be locking for something. Where are my spectacles, Mr. Franet Smith P
Mr. Fraser Smith-I don't know what you mean. I have not seen your spectacles.
Mr. Brandt-They were here with my hat. I Mr. Feaser Seith-1 must ask the Court for protection against the insults of this man.
Mr. Wobbers, bo is imputing robbery
is agrosa, infamous, malicious, aud slanderon likol, written, with the intent of holding the com plainant np to ridicule in his position, and mak ing him the langbing stock of the Colony, by pabliestion thereof, and I have to ask you to couppose you have taken them.
it the defendant for trial. It will now be my duty to prove to you the publication of the letter His Worship-I think in your information you should set out the libel,
Mr. Webbar We-ve attached the whole letter.
His Worship-But the particular inuendges should be set cat
ROW
Mr. Fraser Smith-He would never havetone so if the table and 'not been between us.
Mr. Brandt baring discovered his spectacles fsat down:
Arthur Bernard Bodyk was then called nad examined by Mr. Webber
Mr. Webber I think not bero, before on, your Worship. The whole latter in & libel The letter is divided into paragraphs. The charges are deliberate and all refer one to the other, and it is almost impossible trate them. The only question fee your Worship to desito.
whether there is anything in this letter, as she latter, which is prima facie a libel. If thera 16, then your Worship has no alternative except to commit it for trial.
Defendant-The latter, your Worship
to
Julebike.
-HAXIOW,-7th October, M. Brandt-Imust bear what the witzonskaya The food continues here, and, as we have had Mr Webber Hat he is in the way, your heavy continubas tain almost ever since, the Worship. He is standing close to the wit water came over the Chasession; there is no new bor and I object to it. No one else parant reason why it should at present go down His propet place in here in the dock. If thine hours, and maxs day is res five inches in the tios had been against a Chipamer be would bad me time. To-day, the 7th inst. it remains almost stand in the dock, and I do not see why it shoult stationary. There is great distress amongst the bo desh id que ens and fowl in suother. I pour. In the sighbourhood of the race-course anal ask you to order. Brandt to sit down many hours have been altogether abandɔnd. In others the inhabitants have betaken themselves while I am examining the witnesi.
His Worship-Go on with your stamination to the upper story and have had to make an crit
for themselves through the roof, Numbers of - Mr. Wobber-I think there can be no doubt Mr. Wobber-Will you not provent bin from the poor are oncamped on the wall, but many of that your Worship. To tho.case of pub-interfering with by examination of the witness of the wretched horals they have put on there His Worabip I do not see that he is inter are partially under water. The wall now tha. ication in a newspaper, the newspaper is pot
raze-course is well ɔut of the water, but as one j fering with it. and not the original. His Worship said he took it ten that all the
Mr Webber-Thon Toan only say it is very goos farther along in the dirsetion of the upper discourteous. (Te witness) When did Mr. Brandt end of Hankow, the wall becomes Juper, and hers copies were libela A
Mr. Wobber then quoted from Archbold's first show you that lettor P-About-two o'clock. you may ses numbers of cuts in which the water Did you tell him to hand the lattar?I did not. in stauding a foot deep, while the mearable Criminal Evidence to show that he bad o right. to refresh the memory of the witness as to the
Did he consult you as a professional mau tensate have to keep themselves dry by 'itting Carisiuly not, but I think volunteered the on tables or beds. Should the water rise aastber foot, the distress will be greatly increased. The His Worldp asked whether Mr. Webber was statement that it was rather warm.
Mr. Brandt sked permission to put one ques elly wall is the only elevated spot on which huts alluding to parts of the latter ar the wholes
Mr. Webber-Either parts or the-wole Intion through the, Court. Did he net tell the can be pitched at a time like this, and if that all the most rent cases it has been hold that witness he had written the latter immediate should be submerged it ta-dealt to see what of the Sento distrinata, relief amongst some either the whole latter or any part of it may be ly after reading the article and sent it at the people can do. An effort is about to be made taken. Conasel do not now take the trouble to o'clock the following morning?
Witnesses, I remember that now you men met out any particular parts a
tien it.
You are a solicitor practising in this Colony Yes. Are you acquainted with Mr. Brandt Yos.contents of the letter. Did bn show you a letter on the 9th inst, which led written to Mr. Praner Smith Fe Where was that?-At the Victoria Hotel, after lunch.
Did you read the letter I read a proes sopy of it.
Here is the original. Was it a copy of that ?
Mr. Wobber-I must ask your Worship to pat Mr. Brandt out of Court: I object to his inter-Yes. ference. I am in possession of the Court and be has no right to interrupt me..
His Worship-If you wish to address ms, Mr. Brandt, you must wait unti the complainant's saliostar bas finished. I think Mr. Webber you should not out what you complain of sea lits, It is not for me to pick it out.
Mr. Webber-I contend that the whole letter is a libel.
You read it all through - did
Did you talk about it afterwarde 7-Yes. You have talked about it to other people No. I have not
Cross-examination reserved.
Bobert Lang, examined by Mr. Webber: Yon have a store in the Queen's Roul 7-Yes. & tailor's and outätter's..
Do you know a gentleman, of the name of
Is that the person (pointing to the defendant)?
Hie Worship-There may be libellous pass-Oscar Brandt --I do. ages in it, but you cannot say the whole lottar is
hbal. I think it is your duty to set out what-Ye is libellous.
Mr. Webber--No, your Worship, not here. you consider à prima facie case of libel is made The only question you have to decide is whether
out.
-His Worship-I have no doubt that there is primus facis case of libel.
Did he avor say anything to you about Mr. Fraser Smith, or show yon anything onserving my store. I said to him him?-Yes, one morning last week he came to
Mr. Wubber-Nover mind about your non versation,
Mr. Brandt-Let the witness sasver--tbe Mr. Wabber-Don't interfere with me. Iam
Mr. Webbor-That is all I want, your Worquestion. His Worship-But there nizy be some pageseramining the witness and I shall put the ques. ship. I have only zow to prove its publication.
tions my own way. To the witness. Did he which are not libellone?
show you a letter -Yor, one he had written to Mr. Fraser Smith.
Mr. WebborThat is to the benefit of the defendant.
His Worship-Yon could not bring a new paper bees which contained a libel and put in the whole newspaper as libellogs. It is not for the Court to piek ant whut is libellous.
Mr. Wobber-I do not want the Court to do so. prove that the letter was written by Mr. Braud
contend at the whole letter is libellous. IfI and prove also the publication, that is suficient. His Worship-1 think justice to the defend ant demands that you should decide what parts Mr. Webbor-I must decline to do that your of the letter you consider holkans. Worship.
Hia Worship-There are certain words in the latter which are in German. I do not kuev what they are
Mr. Webber-I will prove that they are
Kibollons.
you consider libellons.
His Worship-Vee mast set out all the Mr. Webber But, your Worship, even in the Supreme Court it is optional to set out the passages. Your Worship committed a man for
Did you see the letter P-Yes Would you be likely to know it again?---J think so.
Did Mr. Brandt read the lotter to you P-I cancot say he read all of it. He rend part of it, What did you say about it-I did not say anything.
Did you not say the letter was pretty hot or something of that sort -I think I did ay something like that.
Mr. Brandt seid in waived his right to recall this witness ard wished to cross-examine him then. His Worship said he was at liberty te da so if he wished
The ex-examination then proceeded:-- I think, Mr. Tang, I came to your shop on the morning in question to get a coat measured
Yon asked me about the scurrilous artiols which appeared in the Hongkong Telegraph the sight before Yes. I referred so the article.
You asked me what I was going to do about it? Yes. ***
Did you not say that at linner the night be referred to it? Yes. fore you had met astry plain and be bad
trai in a similar case to this, only the other day. 4 letter was pat in by Mr. Francis, but he dil not sot cut the prestige ho considered libellout
His Worship Yes, that the complainant tusasip captain had rend-the article and
asked what sort of a blokguard I was? about to go into bankruptcy.
Mr. Webber, to witness-Did yor make use
Witness--Ne. of that word?
Mr. Webber The whole lottar was pat in. list passage was not set out. For your War ship's satisfaction. I will point out in this etter passage which contend is bellons. For 8x- ample a wholete reviler, a malicious slan derer aud & coward.“.
Mr. Webber-Your Warship, the defendant Witness-did not answer the question- has no right to pat questions in this manner
He Worship-The witness is quite able to say whether he used moh sa expression or not.
Mr. Webber-It is most disgraceful that the question abonld he pat. Nu bus bars right to put words in the month of a winese which he is tu echo back, but even in eross oramination.
His Worship-Perhaps they do not take the fróable, but I think they should do so except where the latter is so artfully worded that no particular parts can be separatod.
Mr Webber That is not the case here. There is deep design bat certainly no art. in wrapping up this malicions Ebel.
The latter was then handed to the witness to
.read.
Mr. Brandt would ask if your Worship noted that I went into witness's shop to try a cost on P
His Worship-I did not do so, bat Iramem- ber it was rated and I ma take a note of it if
Re-erstiuation continued -- you wish it..
Have you aver seen that letter before It is impossible for me to say whether this is exactly the samo letter
Mr. Brandt said he did not wish to recall fr. Fraser Smith then. He wished to get legal amistanco first.
His Worship said he would now adjourn the ons. He proposed to sojourn it for a week.
sufferers from the flood, but ovan after the water goes down there will be a great deal of distress and any sun that can be raised here wil be utterly inadequate to relieve it-Mercury correspondent."
The N. C. Daily News of the 11th inet, saya Mr. Webber must ask your Worship for The Yangtze is still rising, and at midnight of storter adjournment than that. We wish to Monday the watermark at Hankow had reached get it on at this Criminal Sessions as the prose 43 fost. The streete were flooded. to a depth of hatwaan two and the feat,, while the water on outor is going away at the end of this month..
AT, Brandt-I have no such intention
the Race Course was seven feet deep. All along Mr. Webber-You are not the prosocuter,
the banks of the river as far as the ayn could Mr. Brandt-I never said I was. I should reach was water, only the tope of the trees and tops of some of the houses being visitia. At be very sorry to be.
His Worship I think I must say Monday Kinking the water was up to within an inch of bare to be in the Supreme Court one day this the But, while the back strbeta in the city and the country for miles were under water. The weal
watermark was 42 ft. 1 inch. At Wuhu tha watermark was 26 ft. 10 inches on the morning of the 9th inst. There was an immerse o cantity of débris Eoating down the river.
Mr. Webber-1 must protect against a long an adjoartment, I am sorry the magistrale bas to be in the Supreme Court.
Is there anything in it you can recall to mind? Yes, there is one passage here in GormER, His Worship-I should be quite willing to which Mr. Brundt explained to me. I cannot waive my own personal cuvantenue, but the sur-
willing to take it then if you like Buy whether it is the sate because I do not un-liest. I can take the cass is Baturday, and I am. derstand the English of it.
Mr. Brandt-I wish to ask one question if r way, as it seems to me it affects as witness's
angwar
His Worship-Tos can only put the question through me. What is F
Mr. Brandt-I should like to ask him whether he is afraid of the revenge of Mr Fraser Smith and whether be does not recall to mid distinctly telling me that I ought to boraswhip him.
His Worship I shall not allow that question. Mr. Fraser Smith (to Mr. Brandt) should like to see you try it. You can come ontade it you think you can do it.
George Reinhold Gammiertermined by Mr. Webber→→
You are an actioneer-I am. Do you know Mr. Brandt. F-I do.
Do you recollect his saying or reading or Smith Yes, be reud, to ma'a cons of a lettär zhowing you anything in-relation to Mr. Frasee he had written to Mr. Smith on the 10th inst.
Where was this ?--In the Hongkong Hotel. Did you see the letter-Yes. Was it a press copy Yes.
Do you know Mr. Brandt's bandwriting P-Yes, Will you look at this letter and say if you can a copy of this letter I saw. identify it 2-X9s, as far as I remember it was
It was a Incainiile of this P-Ion. "You are a German. Mr-Lameex#~R~~You Will you kindly translate that pamuge-It, pointing to the passage in the letter in German, means "He who touches pitch dates or soils himself."
Cross-examined by Sir. Brandus- glas How did I come to read aarthing of that let ter to you! I do not know. You told you had written a letter.
Americare ship W. H. Conner, for carrying him and banded the defendant a copy of the sword that is libellous. This is what Mr. Brandt mys of j words into a witness's month for him to scho remember asking whether you were going to de
tercibly and against his will on board the vase from Nowcase, N.S.W.
information
Mr. Webber-It is not in the interarts of justice to postpone the case till then
His Wernbip-I think it only fair to the ofendant who has his basicess to attend to that I should give him full time to procure legal sasistance.
Air Webber I have only to my, with all due respect to your Worship, that that was not the reason at first sileged..
KOREAN NOTES.
MANDARIN INLAND
Stretches como nine miles enst mil west, with en ontrance at either point. The water inside is doop, and the harbour being well sheltered by land which everlags, so to speak, both entrances, affords a good anchorage. Inside again li many islands with deep ator seperating etch. His Worship-I do not understand your al-The land is fortile, the bills, which rise to a incios, Mr. Webbar. The case is adjourned to height of some 2.000 fost, me well wooded, sad Saturday next at noon.
Mr. Wobber-I ask for bail.
His Worship On what greund ?
Mr. Webber To ensure Mr. Brandt's poaraf.co.
hevo
ene is tempted to think that Nature Is been too lavish throwing such good herbours away on Korea. This district of Kang Chin afford optile in the shape of food to the risitce: the--
people are lony and have not been stirred up by intercourse with the outside world to oxert them. selves beyond applying their own immediate. necessities, tribute rice to the Capital being the extent of their traffic; vegetables, no egge, but a few fowls (perhaps a sore in all), and few fish (these were booked and not netted), one pig which its possesser described as "wolfish," be ing simply skin and bone, with two calrog seat off by the local dignitary as a present.
His Worship-You say, Mr. Brandt, you issued a writ against Mr. Fraser Smith ?
Mr. Brandt--Yes, your Worship, MrWebber-That bus nothing to do with this case. That is a civil actino
His WorshipBo yun press for bail? Mr Webber-I certainly do. I am satitled to it
His Worship-Then you will enter into a bond on your own recognizances, Mr. Brandt, in the sum of $100.
FASTERN POSTAZ RATES. The following letter bae been handed to us for pablisation by the Secretary of the Cluter of Commerce:
F.
The London Chamber of Commerce.
September. 6th, 1889.35 Henderson, Esq. Secretary, Hongkong
Chamber of Commerce.
YUENBAN.
Hardly any etange has taken place m the growth of this port sines 1896. A new Chinese Cooralots, built on the Chinese Coatselion. hors also few merchants honses are being put up, and a new house for the Commissioner of Customs, will sun total, the improvements. Dried fish to Japan, shiely for manaring par poses, as the chief article of export; a fact.
immediately on Larding which any visitor is ronde unpleasantly swart of
It is
Did I not meet you in front of the hotel and
Dear Sir-I am in receipt of yours of Ist
GASKOTITCH BAY August and am pleased to share your gratiflaation
Tins the south of the Tumen River. While we were having the drink-you asked me that unifod action of the various Chambers bas you naked me to have a drink? Yes about the artiels which had appeared in the Tele proved successful in abrogating the privileges of at the western Ead of this buy, where lies a vil- lago known Iccally by the name of " Wen-kuet** His Worship-The witness is a man of omgrep the night before-Tee, I think I did. foreign mail steamers in Eastern waters.
You farther asked me what I was going to test that this experience of the value of nited that the Russians die to open as a port of call mon renes, I trest, is able to say whe: about the matter -As far as I can remember getton will enable us to sa oporate oflaner and for a ling of steamers (nuder the Russian Flag). which will ran between Vladivostock and Shang Mr. Webber contend that you canot put I mentioned to you about the article I do not on other matters of mutual interest. ther or not he used such an expression.
I enclose a Cironlar showing whetwe have duze bai; the first steamer will, it is id, commonce anything. You produced a letter and read it to me.
in regard to Eastern Postal Ratas, batslthough my to run next year. To this end also a plot of By his Worship-Did yon enquire of Mr plans were carefully laid to raise a debate in Par grouud has been negotiated for in Yumsan in Brandt what he was going to do or anything fament in regard to the same when the Postal order to establish a trading depot; whether,
that affect P-I may have done so.
Budget alould come under discussion, they were however, this together with the opening of Won- Do you think you did? Yes, I think so, but defeated owing to the sudden and unexpected Euai, will receive the snout ul Chins is yet an
withdrawal of the Tithes Bills, which brought open question:
A trip up the Tumen River was not very Croen-examination continued-Do you recali on the discussion of the Postal Budget in the my answer Your answer was the production small hoora of the morning, when it was im- successful; the shallowness of the river. possible to bring wetters of Parliament together combined with bad weathar, caused a retreat of the copy of a letter, which you read to me,
You saw the copy of the letter in my hand any numbere. Next session, however, I hope to whom a distance of some tes rules from the
His Worship-De you abide by that passage? Mr. Webber A most frivolom and ridiculous Mr. Webber sarpet bind myself to that objetion
Defendant-I ask that the ces may be ad-alone. Lvill point out other pasanges. The de- journed till my action is heard in the Supreme fendant says You knowingly and deliberately Lia." Ido notssy it i-actionable to call n mana liar Mr. Webber-Rubbish You will be in gold dishonest unless you print it and publish it. I misha call Mr. Brandt disbozést but unless I staled that he was distorcat id, his business ao n This saini for $1.000 damages by plain.buture that comes on.
Defondant-What do you say, air? His Worship asid the cats must now proceed,obber on the Halto it would not be actionable. If you impute dishonesty ton man in his business Mr. Fraser Graith. "You have dared to porivcute back. me in your vile paper for years." Now what Mr. Freer Suit has written was written in his capacity an editor of the paper and therefore Mr. Brandt.attacks him in his huxinuss capacity.
cannot say for certain His WorshipThat may be a fair contention. bat do you this out as one of the passage Mr. Webber-1 quote this as one of the pas on which you rely? ages, but I contend that I am not bonadto If your Worship quote any particular page. ronds the lotter I think you will admit that prima fuste it is libellou, and if your Worship comes to that condition you are bound to
Mr. Webber was for the plaintiff and Mr. Dennys enfouded.
Mr. Dennys said by would contend the cave
Dafendant, after reading the information. The allegations container therain are incorrect from start to finish. I again ask your Worship for an adjournment. It is→ was out of his Lordship's jurisdiction, bat Mr. Wabber--I will now open my caso, your apart from that, the case had been submitted Worship, if the defendant will sit down. He to the Coneul for the United States and plais poses, I believe, as a sustour lawyer, and ke tiff bad agreed sccept payment for his services and a tres passage home Haring done so he ought to know that it is very causal to rule
could not now prosecute his claim in that Court ilis Lordship said he was not going into that point now, at anvrata: He thought the case kindl botter stand over for a week.
spooch now, Defendant want none of your remarks, sir. Mr. Webber-1 will indiet ron myself, if I have any of your insolence. I oppose any ud. journment, your Worship. We losed the rum. Webber asked if his Lordthip ordered mers on Saturday and there has bear plenty of
time for the defendant to obtain legal commit the case for trial
Die Worship Yes, hat you winst bring the tene if he wanted it.
Libel before me.
pleadings.
Hix Lordship said he simply ordered it le stand over for à resk, and that he had not da cided yet whether he could hear it at all
14th October.
IX. BANKRUPTCY.
BEFORE ME. FIELDING CLARKE, AOTING CHIEF JUSTICE.
IN THE MATTER OF PHINEAS THONAS FRANK GRIMBLE
-
Hi Worship-I think perhaps, I should at: journ the case to give him as opportunity tor obtain legal assistance.
Blr Wabber Mr. Brandi, so far as I know. By be leaving the Colony,
Defendant Nothing of the sort, your Wer ship.
Mr. Webber--I trust your Worship will al- lows to go on with the cam Ikaro my wit res hore. We are not all jobbers on the Rialto
like the defendant, and we have other businDEN to attend lo.. Defendant an easily have the Mr. Webber, who to a former cession-witnesses recalled if to waste to cross-examine
them.
peared for the bankrept, said he had received
o Further instructions in the matter."
To valedule had been leg with the petition
and the bankrupt has left the Colony.
Mr. Stokes, who appeared for Mr. Herbert,
* preditor for 1860, naked for adjudication.
Mr. Dennys appeared for Isano Samil Perry, a creditor for $5,193, and supported the application.
His Lordship directed adjudication accordingly. IN THE MATTER OF SORABJEZ RÓSTUME. Mr. Webber said that on behalf of Mr. Daver
His Worship-I think that might be done. Defendant ask that this case may be ad•. journed till after the civil suit is tried. This CRs will seriously interfere with that,"
Mr. Webber I put in the whole letter, which I say la libellone, and I will now proveed to prove its publication:
His WorshipYou do not wish to sat ont any passages which you consider as Rbelleus Mr. Wobber-No, not here, your. Worship. DefendantThere are many passages in the letter whiph may not be cornidered hotions. the called by Mr. Wehbor.
Robert Fraser Emith, the complainant, was
Mr. Brant at this moment was sinuding close to the withes, box, a little in front of the bus, and M Webber told Eim to stand aside.
Mr. Brandt declined to move.
Mr. Wybber-I mast so your ́Worship to request Mr. Brandt to stand in some other part of the Court. He is standing between myself Bis Worship-I-have no power to deal with. and my witness. The dock is his proper place.
His Worship requested the defendant to that. I have only to say whether 1 consider there is prima facie care made out and if so stand over at the other side of the Court.
Mr. Brandt, to Mr. Webber, after moving-1 commit it for trieĹ 1 think it is just as well for
Mr. Webber-Certainly, stand where you can stare at bim if you like, but I thought, you bed seen him often sangi before.
Mr. Brandt-Yes, ite a beautiful face to look The examination of the witness by Mr. Wab bor then prosede:1.
you at this stage to save yourself expense, and want to see the witness's face. trouble. It will be as well for you to wait and seo.whether a prima facia case is made out.
Defendant abauld have come here this
ha had died a creditor's petition. The patitish mersing prepared, but that Mr. Webber tohl
ing creditor was anxious to protest the estate, me that the case would be only formally called and the bankrapt-had-consented to waive his today and that be should not call any witnegres. right of fifteen days' notice. Under these cir
Mr. Webber-That le a deliberate is, and I Dumetacoen he would ank his Lordship"to ad- tell you so direct. judicate the debtor a bankrupt.
Defendent Everyone in the Colony known how truthful you are and therefore your word is worth more than mie
His Lordably held that the debler was, aut competent to waive notice, as bis doing so might affect other partins, as for instance an execution creditor.
M. Webber then applied that the case might
adjours for the defendant to obtain legal an be adjourned for a wok, fiuring which time beistance and allow his to recall the witnesses
baliavod the debtor would le petition, ou which he could be adjudiated at anno.
His Lordship grated the application.
IN THE MATIES OF ADOLPH STERN.
Mr. Bowles appeared in support of the debtor's potition for adjudication; and said a schedule had
been filed.
Uis Worship-I sbal; allow the case for the plainant to be opened now, and then I shell
he wishes to cross-examino.
Mr. Webber-This is sonso of libel, your Worship, against the editor and proprietor of the Hongkong Telegraph. Thelibel complained of
His Worship-The questions may be put in Mr. WabberThen I am prepared to sigue any form or shape.
that point.
Hi Worship-In cross-examination a quse tion is often put which is antras to best a wither. Thold that the questions may be pat in any shape. Mr. Webber--Well, I ask you to note wy objection. I my it is quite erroneous in law. Mr. 3ebber then quoted from Arab bold's Criminal His Worship-The question was whether Evidence in support of bis objection.
enquired what sort of a blackguard bes, witness said to Mr. Brandt that the captain The witness has denied that.
Jr. Webber-Only when I interrupted. His Worship I have no objection to the question using put.
Mr. Wabber--Hr. Brandt, doubtless very appropriately, called himselfs blackguard.
Hie WorshipYor hare nu right to make that observation, M.Webber.
Mr. WabberMr. Brandt has no right to use the word blackgaard in patting the question, His Worship-1 Lave overruled that, Mr. Webber, k
Mr. Webber Well, I want my objection noted. His Worship-It is being noted. Cross-ATEDication continued Did you not Buy the captain asked what sort of a blackguard I was-No, I did not use the word blackguard, nor did be. He asked what sort of a man you were.
To you mean as to personal appearance asked me to describe you.
What did you say --I said you were about five fest nine inches with a fail beard.
I
floo feel that its sotion is under surveillance through and over a sand bar, on which bar a son- and that we shall continas to guuuy the adminis siderahis earf soon boots when the wind is in
To read it along with yon Lake Sure oarly and at least to make the Portmonth bail been reached. The entratice lies
Are you quite sure you read it. It was very indistinor copy --You were reading it apt
Did I not tell you afterwards I had given the tration at every step and every opportunity netil ny southerly direction. The river is fail ci fish we get the rates reduced and small so-los. The Tumen is interesting mana olence to apologise and if he did not 1. I trust therefore you will be good enough to se marking the boundary between Russia and was looking over you at the same time.
would bring an action against him?—Yes, you communicate with the other Eastern Chambers Rorea, for some 15 miles of its course from the think you on this subject and to continue to ng tats astivaly sen, and from fais point, where the Raceians told me something to that effect said something of the sort in the letter.
Did we not asse some farther conversation and did you not tell me that it would be the best thing if Mr. Fraser Smith got a good hiding from some que FI do bet rosulleet that.
Something to that effect, that sothing but a good biding would do him good P-I do not re celloot it.
from your side both through the Prose and by have established a small Customs barrier, the coffeinl communications of all kinds.
I am, Dear Sir, yours faithfully,
(Ed.) Kassic B. MURRAY,
Boxretary-
CORRESPONDENCE.
expressed by our Correspondenta -MINERALS IN AND BOUND
HONGKONG.
a
river zgaíu gorves as the boundary between- Bussis and China. It is thas seen that Russia bas command of this, the southernmost river of any site on the East Coast, though of little practical uss to her, from the shallowness of its waters, yet she has obtained equal rights with. China to use the Tamen as a water-way.
FORAN,
Please try in recullest. It is rather important Mr. Webber--It is not at all important, Witness-I think there were aber people do not hold curseiros responsible for the opinione there besides mo. I do not reonllot saying that, Did you hear other people say that I heard some one remark that, and yon zail you were Did not say that I was not a fighting, mag afraid to hit him as you might kill him. (Laughter). and that thet was not a proper way to settle it in to day's paper on the dissovery of a lead the merchant requires the inducettent of heavy You said in the first place you were afraid to mine in Hongkong, I may mention that some profits before he will enlarge the sphers of his bit him because you might be brought up for indications of the possible existence of coal in operations or undertake a new business. manslaughter the next day. (Laughter). this neighbourhood have lately attracted the
Perlaps the busiest of the three ports of trade in Korea, calle for no particular comment. To country appears to be fairly well cultivated, rive 10 THE EDITOR OF THE DAILY PRESS. and beans being the two shief products. The B1With regard to your interesting article Koreans at bomo are an easy going people, and
at the new Customs station near here,
The Chineso in Chemalpo and Yavan ar Yes, and in the nest pince it was not a proper attention of the members of a certain bathing doing well in trade particularly at the latter I suppose you had some farther conversation about the article A little, bat I count re thing to do and I latended to esok my remedy at party the mainland during the past Summer, port, where also they much wish to see a merchant flag This point, an important oue in the Did I not say he was a man of weak sustitu: and also, I believe, at waring times, the residents teamor running regularly under the Chinese member what was said. The captain had not law Yes, I think you said that baan here for some time, and he asked me shont one or two things which I explained to the best tion, only half a man and it would every danger Tha material in quetion is of a dark alsyoynterest of Chius sad of her merchants, should ous to touch him P-Something to that weot, carbonaceous charecter, largely composed of de-receive the prompt attention of the Northern my ability,
All this time we were having our drink Ponyed vegetable matter, and the stratum or het Commissioner of Trade, bu Who was the captain P-Captain Watton of
Our Cornan oorspondent says that H.I.JM. do not remember whether this took place be commences apparently some thirty or forty yards the Phra Chom Kido,
up one of the emelier streams on the mainland,corvette Banjo Ean, he just zulurned to Did he express any opinion as to the effect of forn or after we had it
Mr. Wabber. One question; Mr. Lammert, under a considerable superstructure of wil and Chomulpo, after making survey of the ap that article on rayadif No. I think he simply before you leave the box. Who quid for the drink star, extending to the shore where, especially pranches to Fiag rang on the 'l'estang River, and Where were you on Thursday last ?—I was remarked that it was rather strong article
Witness I believe I did. (Langhter) after, a heavy rainfall, the appearances are very the port of Afohm on the Tale (Amuokang) You said just now in answer to Mr. Webber in Alacao.
Mr. Webber, addressing Worabip, said striking), and thence disappearing usder the sea. River. She will shortly go north again to When did you return I arrived in Hour that you had seen the letter that is the subject he thought he bad now called satoient evi
Whether the material will ever prove to have complete the survoy. of this ection, are you not mistaken? I'd I
dents to prove the publication of the libel any practical value, in other words, whether there. It is no matter of wonder that the Japanese What happened on your reaching bead soon letter. It might have been a copy.
Mr. Braudt May I have Mr. Rody recalled likelihood of coal underlying this surface show some anxiety to join in the trade of the kong about eleven a'sbook Thursday night.
and bross-examine him now, your Worship, if Islay (which in itself anty presente's very early northern provinces, seeing that the "Ohtasse My wife házded me a letter which she had re. Are you quite sure it was a latter What do peived for me during the May and which ale you call a latter P bad opened.
A written doonment addressed to any person Well, that was a letter. A
You are the editor au proprietor of the Hongkong TelegraphPY.
Was this the letter producing the letter)?—
Are you acquainted with Mr. Brandt 7-Yes,
is contained in a letter written by the defendant I have know him for about ten years
to the complainant. The letter is as follows!
Mr. Robert Fraser-Smith, **************
i
Are you scquainted with his handwriting
Tos, I have a embar of interesting documents in his handwriting, in the shape of I. O. Us, in my possesion,
· Editor Hongkong Palegraph, re Mr. Webber said he bad been instructed to
B-Haring road your Leader in to-night's-inue -oppose the application. He had only receivet
whigh you showar mot ibuperativý his instructions that morning and would auk for et your paper
Will you swear that the letter you rabad and malicious shine brit me under the guise of a an adjournment..
"Are the allogations in that latter true P-No, His Lordship said he thought it was a caes for bite sprited comment on my rowni esse. Girim was in his bandwriting7-Yes, I swear it.
1-You do iberately le when you say that the 1 tony them frors hagbining to end. They ar adjournment There did not appear to be any bit I will raake the following statements. swasta. He world grant an adjournment for swiss Chambling case, well-howing that wilfully Tatze.
mama wan's book just one for the recovery of money wrong-Amellerin libel It is a aliofons
fully appropriated by the fendant. IN THE MÄSTER OF AWOK ZUM CHU-en you fuit The foto is four doesitler of the Ribel. The arker know perfectly well that what B. Webber, who appeared for the debtors is sameless vannas, distorting and corrupt he was writing was Tales and defetstory-
Do you know of your own knowledge that who had filed an application for adjudication, ing the ratious-facts presed is clear videos do waida Lordship would notion that most of the
the letter fus been pablisted i de
Did your wils open that letter Sho did. creditors were out of the colony. That was knowingly sad deditineately he wants whos
Did she may she had read it 9-X 7 Mr.Webber mid he would quote an authority
accounted for by the petitioner being a-treder te Anaxin and Longain.
Court in a way as to make the whole features
as totally different and diadrantsgone to me. S--You
on devote a whole half column of shab to demon strating tant never had the chains to take up the
kong
waive any farther right to cross-examine him?
His Worship-Certainly." Arthur Bernard Bodyk, recalled, and orops
stage towards the formation of the mineral), ia s have pevarcopted the lutasent forth from time dad question for an expert or geologist to determine. La time of the Louirability to have the clandestine but, iew of the incalculable benefit unt à trade in those parts slopped Japan walted fully
You are quite sure of that F-You told mined by Mr. Brandt VLAN discovery of mich & suture, would bring to the eir years for China to take steps to prevent.
yourself It was a lettor
It was not a press copy 7-It might have been that.
You abo't make any difference between a copy and a letter P-I cannot tell which this was may have been a copy.
It
Did you not express your opinion to me about. the affect of this article?
Mr. Webber That mot evidence. Mr. Brandt-Whether it is evidence or not I put the question.
Tea said in answer to Mr. Wobberjast now that the occasion of seeing my letter was the first time you had seen my writing ?--I did not my that I could not have said it as 1 2876-5840 it dozens of times before. 20 juta
I bara dona bukinow with you several times
·Tately ?—Yes, but unt as a client
On behalf of other people Yes, not as a personal alient.
You mean to say that I bare never paid you and any fee You that is what I mean.
clony, I have taken the liberty of giving the her subjects from trading at the unopened matter publicity in the eclumns of your valuable, ports to the meril of Chemulps. Having waited in vain her representativo is in duty bound to journalYours, Da
PROGRESS Hoster legitimate trade th Koran, in which bis
people have been pioneers
Hongkong, 12th October, 1899.
FLOODS AF HANKOW,
Harrow, 5th October.
Three of this Merian infners have been paid off and zwɑ'ara returning. › Am vaina, whilst one
is said to be coming to Tientais. The zzimeri
arrived at Big mag with the gold parts cenah. ing plant, but found that no mine existed. It
During the past fortnight ne three weeks an will be necesmry, to have all sorts of expendve His Worship-It is not relevant, Mr. Brand Mr Wobber Yon Deed not trouble to bring ampant of rain has fallen in the neighbourhood machinery to commence this mining properly! to this case it may be relevant in some other that fact out, Mr. Brandt.We can quite believe of Hankow which is not unusual at the time of prior to the use of the quarte crusher. A nice yaz The result he be to cause a gradini Fusco, said to be due to false representations action hat it is not relevant before me Not, I that m may add, were several of your other questions re?" Cross-examination continued.I have had is in the water of the Yangtase until at last made by mimjasuries ho stuffed Admirat lavaus, but they were not objected to by theother soma confidential conversations with you savers! fside, Mljet
pes?—Yes. Many of those sonterations took place after Mr Brandt, to liness-Did you not remark
the whole Concession has been submerged. Once Bchufeldt and the Union Trou Works Co with or twice since the port was opened, the water reports of the marvellously til "load" at the. has stood nearly as high in October as it doen at minent Plug-an-Chinces Times.