CO129-110 - Others - 1865 — Page 511

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

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Milcher further appears proven against us by the evidence adduced at the Magistracy, at the same time, the testimony, respectively, given by Mr. Mitations and his Clerk, was quite contradictory, and with due deference to the Presiding Magistrate we think should not have led to a conviction, far less to impose an excessive mulct.

When we reached the Post Office late on the evening of the 19th instant, it was already past the last appointed hour for the Mail's and the public generally (among whom delivery, observed several Government Officials) were indicating their impatience by tapping; word, rapping at the Post Office Windows, all round, for their Mail despatches. Must it just therefore be enquired, was it the only... that we were the victims of Mr. Mitchell's vindictiveness? It will be observed, from the brief notice given us, that we had no chance, or opportunity afforded for bringing forward such exculpatory testimony as might, in our case, might otherwise have appeared on our behalf.

We scarcely think Mr. Mitchell had a cause sufficient to complain of to the Government, as we are able to see, what Law we have broken, or contravened; nor had he cause to justify his defaming us, to justify our characters, as above shown; and one fact confident had he confined himself to the simple truth, your Excellency would not have sanctioned the ulterior proceedings adopted by him against us, the result of which, as publicly announced, affixes a stigma, as unmerited as it was unfounded; and called for - an injustice.

We were at the Post Office, common with others, after a tedious delay on the part of the Post Office staff, we obtained our despatches by the only means calculated to draw attention; and to obtain despatches to which we were earlier entitled, by Notification at 8.30 P.M. but as deponed to by a Post Office Clerk out at 12 midnight! only given. Conscious, therefore, of our being innocent of the main charge brought against us by the Postmaster General, of "notous noisy and disorderly behavior", as libelled, We respectfully beg leave to appeal against the Chief Magistrate's adverse decision, by this submitting grievance for Your Excellency's consideration.

We have the honor to be,

Your Excellency's

Most Obedient Servants,

Smith

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## Milcher further appears proven against us by the evidence adduced at the Magistracy, at the same time, the testimony, respectively, given by Mr. Mitations and his Clerk, was quite contradictory, and with due deference to the Presiding Magistrate we think should not have led to a conviction, far less to impose an excessive mulct. When we reached the Post Office late on the evening of the 19th instant, it was already past the last appointed hour for the Mail's and the public generally (among whom delivery, observed several Government Officials) were indicating their impatience by tapping; word, rapping at the Post Office Windows, all round, for their Mail despatches. Must it just therefore be enquired, was it the only... that we were the victims of Mr. Mitchell's vindictiveness? It will be observed, from the brief notice given us, that we had no chance, or opportunity afforded for bringing forward such exculpatory testimony as might, in our case, might otherwise have appeared on our behalf. We scarcely think Mr. Mitchell had a cause sufficient to complain of to the Government, as we are able to see, what Law we have broken, or contravened; nor had he cause to justify his defaming us, to justify our characters, as above shown; and one fact confident had he confined himself to the simple truth, your Excellency would not have sanctioned the ulterior proceedings adopted by him against us, the result of which, as publicly announced, affixes a stigma, as unmerited as it was unfounded; and called for - an injustice. We were at the Post Office, common with others, after a tedious delay on the part of the Post Office staff, we obtained our despatches by the only means calculated to draw attention; and to obtain despatches to which we were earlier entitled, by Notification at 8.30 P.M. but as deponed to by a Post Office Clerk out at 12 midnight! only given. Conscious, therefore, of our being innocent of the main charge brought against us by the Postmaster General, of "notous noisy and disorderly behavior", as libelled, We respectfully beg leave to appeal against the Chief Magistrate's adverse decision, by this submitting grievance for Your Excellency's consideration. We have the honor to be, Your Excellency's Most Obedient Servants, Smith
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Milcher further appears proven agonines us by the evidence ensduced at the Magistracy, at the same time, the testimony, respectively, Comd by Mr. Mitations and his C'lerst, was quite Contradictory, and with due deference to the Presiding Magistrie we think should not have leet to a conviction, far less to impose an excessive muilot! whom When we reached the Post Office late on The Evening of the 19th matout, it was abrecty pust the last appointed baur for the Mai's and the public generally, (arong ad delivery, abserved severas Covernment Offreinis) were indicating their impatience by tapping; word rapping at the Roo! Office Windows, all round, for their Mail despatctics. Mus it just thereford may ire should be me enquirs, Out as the Only that we Vietine of Mr. Mitchells Vindictiveness? It will be observed, from the brief notice • given. us, thot the had no chance, or apporimnity afforded for bringing forward such exert patory testimony us might in Aur Cad might otherwied have opprand behalf. Mr Mitchell we, Searcly think had a Eas ___ sufficient to Complain of to the Covers i ment, as we are able to see, what Lan- we have broken, or Contravened; oi hime in defaming to justify aur characters, as above Shown; and one feet Confident had be Confined 501 Confined hinnerty to the simple bruth, your himself would not have sanctioned the ulterior proceeding adopted by him agamotus, the result of which, as publicly ann affixes Character a to our names and as unmerited as it was unfoun incalled for - annonneed, Stigma, infounded; and and i We were at the Post Office, Common with others, after a tedions delay on the part of the post Office staff, we erived our desired by the only means Calculated to draw- Attention; and to Oblown despatches to which we were earlier entitled, by Notification at 8.30 . P. M. but as deponed to by a Post Office Clark out at 12 midinght ! only given Conscious, therefore, of aur being In Canst, were of am being innocent of the main charger brought against us by the Postmaster Ceneral, of notous noisy and " Chisorderly behavior, as libelled, We respect : fully beg leave to appeat against the Chief Magistrate's adverse decision, by this submitting grievaned for Your Excellemey's Consideration, We have the honor to be, Our You Exelleney, Most Chedient Servont's Smith
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Milcher

further appears proven agonines us by the evidence ensduced at the Magistracy, at the same time, the testimony, respectively, Comd by Mr. Mitations and his C'lerst, was

quite Contradictory, and with due deference to the Presiding Magistrie we think should not have leet to a conviction, far less to impose an excessive muilot!

whom

When we

reached the Post Office late on The Evening of the 19th matout, it was abrecty pust the last appointed baur for the Mai's and the public generally, (arong ad delivery,

abserved severas Covernment Offreinis) were indicating their impatience by tapping; word rapping at the Roo! Office Windows, all round, for their Mail despatctics. Mus it just thereford may

ire

should be

me

enquirs,

Out as the Only

that we

Vietine

of Mr. Mitchells Vindictiveness? It will be observed, from the brief notice

• given.

us, thot

the had no chance, or apporimnity afforded for bringing forward such exert patory

testimony us might

in Aur

Cad

might otherwied have opprand

behalf.

Mr Mitchell we,

Searcly think had

a

Eas ___ sufficient to Complain of to the Covers i ment, as we are able to see, what Lan-

we have broken, or Contravened; oi

hime in

defaming

to justify aur characters, as above

Shown; and one feet Confident had be

Confined

501

Confined hinnerty to the simple bruth, your

himself

would not have sanctioned the

ulterior proceeding adopted by him agamotus, the result of which, as publicly ann affixes

Character a

to our names and

as unmerited as it was unfoun

incalled for -

annonneed, Stigma,

infounded;

and

and i

We were at the Post Office, Common with others, after a tedions delay on the

part of the post Office staff, we erived our

desired by the only

means Calculated to draw-

Attention; and to Oblown despatches to which we were earlier entitled, by Notification at 8.30 . P. M. but as deponed to by a Post Office Clark out at 12 midinght ! only given Conscious, therefore, of aur being

In Canst, were

of am being innocent of the main

charger brought against us by the Postmaster Ceneral, of notous noisy

and

" Chisorderly behavior, as libelled, We respect : fully beg leave to appeat against the Chief

Magistrate's adverse decision, by this submitting grievaned for Your Excellemey's Consideration,

We have the honor to be,

Our

You Exelleney,

Most Chedient Servont's

Smith

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