The Right Früble Ford Stanley
Governor For Hohn Bowring
April, 1857.
1 Incime.
439
Receives
against Sir Bohn Bowring-
Ah. Murrow for libel N. 13 54 182 February, and reporting trink and conviction
Acknowledging Despatch
7 July
Annex deaft (helsy
f
>
Inclosure in Desp. St. 59 of 1858.
The China Mail.
HONGKONG. THURSDAY, 22D APRIL, 1858.
SUPREME COURT OF HONGKONG,
CRIMINAL SESSIONS.
This was all the evidence adduced, and after the Bibelous article was put in and rend, Mr Day address- ed the Jury for the defendant, and in a very ingenious. speech expatiated largely on the liberty of the press, and the rights of our forefathers, and earnestly begged the Jury not to forego their rights, by their verdict. It was impossible to bring the Government of this colony into contempt, as the indictment alleged; every body knew it was contemptible enongh, with- out the aid of the defendant. It was notorious that but Government had not dared to indict them, but similar articles had appeared in all the local journals, had pounced upon his client. He was sure the Jury would establish their privileges by acquitting the defendant.
Monday, 19th April, 1858. Jury-Messrs R. Deacon, A. Serrys, A. Gutierrez, F. Schirley, H. G. Stuart, W, Hyatt, and E. Thomas. YORICK JONES MURROW,—Libel. This case, which was postponed from the last Sessions on the alleged illness of the defendant, came on in order of trial. John Day, Esq., appeared as Counsel, and Mr E. K. Stace, Solicitor, for the defendant. The Honourable the Attorney General stated the case to the Jury, and said the defendant was charged with publishing a malicious libel, reflecting on the character of H. E. Sir John Bowring, in his capacity of Go- vernor of this island. The libel itself consisted in an article which appeared in the Daily Press. (The Jearned Attorney here read the paragraph):—
"It is well known that our Governor has a near relative in one of our eminent houses. The Phale Dunbar, a ship consigned to that house, was chartered by government, without any tender having been advertised, at an unheard-
The Court addressing the Jury said, first, that of rate. The same thing occurred in the case of the Lan-
they must consider if the article was libelous, and cashire Witch, also consigned to the same eminent firm. was calculated to bring Sir John Bowring's conduct The steamer Ava was detained (at least it was so alleged into contempt, and reflected on his private as well as on the authority of General Ashburnham) in order to un- his public character; and secondly, was the defendant able a steamer belonging to the same firm to reach Cal- the author. If they were satisfied of this, they would jcutta first with important advices upon the Opium market.
find the defendant guilty; if, on the other hand, they The same influential establishment has enjoyed the exclu sive privilege of having a special agent at Canton during
believed the publication of the article not calculated the late occurrences, where they secured extensive prenises
to injure Sir John Bowring's character, or bring him! before any rival could be in the field to compete with
into disrepute, they would return a verdict of not them. The notices of the removal of the blockade and re-guilty. The Jury then retired, and returned in gulations of trade, although placed in The Governor's
fifteen minutes with a verdict of Guilly, unanimously. hands to be made as public as possible, were on one occa-
The defendant was then called up for judgment. His aton suppressed until after the departure of the mail, and Lordship, in a feeling address, said he feared the de- [on another issued on the day subsequent to the date of the fendant's pen had been eniboldened by the reluctance Gazette. We shall find the sequel will be, jobbery, favorit of the Government to prosecute such scurrilous and] lism, and dishonesty riding rampant, clean hands being defamatory articles as sometimes emanated from the wanted to interpose a salutary check on practices usually press in this colony, and further, that defendant's pen considered mercenary and disreputable.”
had been emboldened by the very lenient sentence Now he should call the Hon. Joseph Jardine, who passed in a recent case before the Court-a simple would prove that this was a tissue of falsehood from
fine, which was raised by subscription, thus setting beginning to end. He would also prove the author-the law at defiance. He had a painful duty to per- ship of the defendant by Mr De Jesus, the printer form, but he should not shrink from it; he was de- and if the Jury were satisfied of these facts, hetermined to vindicate the law, and put a stop to the would call upon them for their verdict for the Crown; if, on the other hand, they had any doubt, they would give defendant the benefit of it.
unmeasured abuse of public individuals. He there- fore felt compelled to sentence the defendant to LUIZ J. DE JESUS, Sworn. I was in the employ and further that he do pay a Five of One Hundred Imprisonment for the period of Sia. Calendar Months,
of Mr Morrow, as Printer of the Daily Press. The Pounds to the Queen, and be further Imprisoned till
article in question was sent to me from Mr Murrow,such fine be paid.
it was in the handwriting of Mr L. E. Murrow, I AVE FOR ASEE defendant's brother. I received a letter from the Crown Solicitor, which induced me to write to the defendant, and in reply he acknowledged the article in question to have been dictated by him, though written by his brother. [Cross-examined by Mr DAY,-I cannot produce the note or the manuscript; all manuscripts were destroyed as soon as printed.
The Hon. JosEPII JARDINE, Sworn, I have read the paragraph in the Daily Press. It refers to the Government, Steamers, and Merchants. n. There is a sentence which refers to the Blockade of Canton river. Our house is one of the firms mentioned. We havel a son of Sir John Bowring, a partner in our firm. My impression after reading the article, is, that a serious charge of corruption is preferred against HI. E. Sir John Bowring, as Governor. The Lancashire Witch and the Phoebe Duhar were consigned ito our firm the former vessel was chartered. to the local government; the 'hele Dunbar was chartered to the Admiral. It is entirely false that the Ara was detained to enable our firm to send important advices" per Lancefield, so that that vessel could reach Calcutta first. The steamier Aval was in the employ of Government. The cause of the delay was this: I had to attend a meeting of the Legislative Council, and when there, I found the Ava was advertised to leave the next morning) with a mail for Calcutta. I then told Sir Jobu Bowring, that I could not stop, having business to transact before its departure; and His Excellency replied that he would ask General Ashburnhamı to detain the steamer till 4 P.M.-if that would do. I said 2 P.M. would suit. After the Council we went to General Ashburnham for leave to delay the steamer till 2 P.M., when General Ashburnham, said it was quite immaterial to him, and he would delay her till 9 A.M. the next day. [By Mr Day.] The Captain of the Phoebe Dunbar sent in a formal tender to the Government, which was accepted by Mr Mercer, the Colonial Secretary, for the Governi ment. She was to go to Hainan with deported Chinese. She was to have for the first six months 1 per ton, and 18s. per ton afterwards. This was the ordinary rate; other ships were getting an equal It was never for a moment contemplated by us that the detention of the Ava was to enable one of our steamers to reach Calcutta first with advices relating to our Opium Market. There is not a shadow of truth in the assertion that it was for the purposes of
rate.
jobbery "the steamer was delayed.
KOT
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