7
THE HONGKONG TELEGRAPH, FRIDAY, NOVEMBER 30, 1883.
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Delondant capa mendid calling witnesses, amongst others Dr. Stewart, the acting colonial secretary, and Mr. Price. He wished that all witnesses, including Mr. Price, be asked to icave the Court.
His Lordship said that Mr. Price was the pro- secutor, but any difficulty about his hearing the evidence could be obviated by his being called first.
Mr. John Macneile Price was then duly sworn and examined by the Defendant,
You are the Surveyor General of the Colony?
Defendant-Are you aware of any personal feeling of malice on my part towards you?
Witness-I have never given you 'any cause for malice..
Is it not a fact that we have never met nor. exchanged words till this timer-It is a fact.
Being personal strangers to each other, can you give any reasonable explanation of the extra- ordinary malice your counsel ascribes to me?-1 cannot, unless it arises from the fact that I have refused to admit your paper into my office, and have told you to discontinue sending it.
Am I to understand you to swear on your bath that I wrote you a letter?—You wrote to my clerk declining to discontinue supplying the paper until you were requested to do so by the Governor or the Colonial Secretary; it was not written to me personally.
,
per cent more for their work than private indivi- duals. A great many public contracts were given without competition every day. The lay ing of the foundation of the new Lunatic Asylum hail been so given to Mr. Chan King. The work was to be done by mheasurement. The new mortuary at Shek Tong Tsui was a parallel care, but it was not a fact that the prices paid for these works were much above their actual value. Specifications were prepared for the whole of them. There was nothing to prevent any respectable contractor from doing the work providing that he did it according to the sche dule, and gave certain guarantees. The work for the Observatary was put out to public com- petition, Son Shing being the successful · con- tractor."
His Lordship said he did not see how it would avail the defendant to go into these matters un- less he showed that he was aware of them at the time he wrote the article in question.
The defendant said he was aware of them at the time; the contracts were selfied in 1882.
His Lordship said he did not see what use the defendant wished to make of them in his defence.
*The defendant said he wished to show that he. was not actuated by malice, but that he had acted on good grounds.
His Lordship. You must give the name now you have gone so far.
Witness-li was Mr., Edward Rose, foreman of the Waterworks.
Mr. Francis-Had Mr. Rase anything in the world to do with the bymin Waterworks ?
Witness-I don't know; excepting perhaps with the water. ་
To-day's Advertisements.
"THE CHINA AND MANILA STEAMSHIP COMPANY, LIMITED.
FOR MANILA (DIRECT.)
That would be after it reached here? Yes. But with the works in execution at Tytam had he anything to do, you who know all the ins THE Company's Steamship and outs of the Government Departments 1 do not know all the ins and outy,
►
Do you mean to say Mr. Rose made use of the words you bave given?-Yes.
Will you oblige me with some of the names of the gentlemen in the Surveyor-General's De- partment with whom you have had conversations respecting the, bribery in the department?
Witness gave several names of members of the department, but denied having said he had received any information from them.
Mr. Francis appealed to his Lordship's notes. His Lordship said he did not think the wit- ress had said he had received any information.
Mr. Francis Who was the person who came, to you to induce you to call attention to the fact that the contractors had not been paid ?- Witness-Mr. Rose was the person. Did you ever take any trouble to inquire among the heads of departments as to the truth these reports which you heard?---Which" ot them?
His Lordship said he was not inclined to check the examination unless an objection was raised. Mr. Francis-I am quite prepared to give the defendant as much rope as he needs, my Lord;.of he will only make one use of it.
The Defendant-My only object is to elicit the truth,
Mr. FrancisAnd thereby hang yourself. The defendant-If I hang myself that is my own affair.
To the Surveyor-General.
. Witness-I did not think that necessary bc- cause I had got sufficient information from the contractor's own mouth to work upon.
Can you give me the names of any of the Examination continued-It was hardly likely gentlemen who have given you information as to that when the invitation for the tender was is-squeezing in the Surveyor General's Depart sued it was intimated that the work would havement?-did-not-say any one had given me to be done within four months, but witness could information of squeezing; I only said I had had not remember whether it was stated now, as it conversations with them. was published nearly a year ago.
By Mr. Francis-Witness was not in the counsel confined himself to legitimate cross-ex
Defendant-It would be well if the learned colony, but was away on leave when'the artickamination. He is trying to put words in wit appeared in the Telegraph as to the paymentness's mouth which were never spoken. of contractors, alluded to by the defendant. Will you give me the names of some of those who have told you about squeezes ?--Yes, I can mention a dozen, or 30 or 40..
Conversation with nearly every one in the colony, I suppose. Will you give us the names of two or three in connection with the Surveyor- General's Department?-I did not say. I received any information of squeezes from anyone in the department.
Witness-I do not know what you may consider it your duty to write, but I know that you have systematically slandered me for months past.
Defendant-That is not the point. Witness-It is the point, Defendant-Have 1 not often adversely cri- Secretary. ticised your public acts? Witness-You have.
**Have I ever praised what you have done?— As I never read your paper I cannot say.
You are aware it is the duty of every paper to fearlessly criticise the public nets of any public officer?--I am.
You instructed your clerk to write to me last January?—Yes.
Is this the letter?—I have never seen the let
Dr. Stewart was then called, and in answer to the defendant, he said-I am acting for the Colonial Secretary at present. I have been subpoenaed to produce certain documents. I produce a letter dated January 8th, 1883, from the Surveyor-General to the acting Colonial The following letter was then read in court:
Public Works Department.
8th Jantra, 183. - Shave the humour to transmis you the enclosed copy of aletta. the wor of the Hongkong Telegraph'm raply tan taqucer from me that he should discontine sending bis paper; to hit offic
I find that the Hongkong. Triggraph is supplied to pander the authority of C. $1.0, 3,794 of 1885, and I kare therefore to urmand the order for the paper.
quant al meseary, to be good enough to cou Apart from the fact that the wheelpilon to this urious paper laa waste of public money, I have grave objections to a ter; I only gave.my-clerk instructions; I do not.com, and I cannot but think that some responsibility sttaches to lowing it indo my office on the grounds of decency and de- know what he wrote.
the Comment for the pecuniary support which it renders month The defendant then read the letter as follows:aner month to a convicted criminal in his abandoned career.
have, &c, "Am directed by the hungurable the Surveyar-General to in
Dowdler, the acting Surveyor General, had con- in the absence of proof of actual malice is pria libel, and it is on that account I stand here to- structed on Stonecutters' Island a temporary vileged. In the Pall Mall Gazelle case, Hun- | day indicted for a criminal offence. All that lazarette, which was found invaluable in the ter v. Sharp (4 Forster and Finlayson 985) have said 1 will endeavor to substantiate by treatment of cases. A few weeks after Mr. J. tried in 1866, Sir Alexander Cockburn retracted evidence, and confidently rely on your returning M. Price returned from his lengthy leave of his ruling in the case of Campbell Spotti a verdict of not guilty. absence on urgent private affairs, be had this woode; and also in Wason 2. Walter (Laure lazarette taken down and the materials conveyed | ports 4 Q. B.75) in 1868; and these decisions to the new Tytam waterworks, without making were again confirmed in 1872 in Henwood any provision for a possible return of the plague. Harrison (L. R. 1 C. P. 000). In the last We all know what happened when cholera again named case the present state of the law is sum visited us this summer. There was no place to put med up at: page 625 "as follows:-"Fair and the patients in, as the lazarette had been removed honest discussion of, or comments upon a matter, to the Tytam waterworks by order of the Surveyor- of public interest is in point of law privileged, General-according to report, to save the wages and it is not the subject of an action unless paid to the watchman for looking after it the plaintiff can establish malice." If the legal There could be no doubt that numbers of lives defence of privilege may be defined as commonly were lost owing to there being no lazarety, accepted, and as was laid down by Baron Parke and certainly a grave responsibility rested in the well known case Toogood 2 Spyring-Yes. on the Surveyor-General for taking away thin (1 C. M. & R.181) to the effect that a privileged suitable building without providing anything ir occasion is one that rebuts the legal inference of its place. Medical men of standing in the malice, it is for the prosecutor to prove actual colony, even high officers of the government malice against the defendant, and if he fails to service, had spoken to him on the matter, and as do this, submit that this prosecution cannol whatever he had written on the subject was with be maintained, and that there is either no case the endeavour of securing the protection of the for a jury, or it is your lordship's duty to direct colony from the dreaded effects of a visitation of the jury to return verdict of "not guilty." The cholera, he was justified in so doing, and was question of privilege is the essence of this case, proud of having done so. If Mr. Price had con- and that simply means, as I have already stated, sidered himself injured-by-these-articles, he that public criticism is justified in law unless (defendant) would have justified them in that court actual malice is clearly proved. It is quite if necessary. Defendant regretted that Mr. true, as I have already pointed out, that You have told me to discontinue sending it? Francis had seen fit to put in the stupid in Campbell v. Spottiswoode Sir Alexander Cock--I gave orders to my clerk to write to you re- letter signed Hudibras." He had been put burn, and with him the Court of Queen's Bench, questing you to discontinue it, and there was to quite enough trouble already'' about" a ruled differently, but within three years, in the some correspondence between ús on the subject, paltry matter, which certainly did not make case of Hunter v. Sharpe, that great judge any offensive reference to the prosecutor in this entirely disavowed his former opinion, and the case. He had been judged guilty of con- Court of Queen's Bench, under his presidency, tempt of court and bound over, also, cast in heavy reaffirmed without a dissentient his, matures expenses, and thought that was quite enough. view. In Wason v. Walter again, the judges He would again state that he had no animus of the same court were unanimous in holding whatever against Mr. Price, and when the mat that everybody is privileged when discussing You are aware, of course, that it has been my ter was brought up at the Police Court be publicly matters of public interest. The Court of common duty frequently- and openly declared that no imputations or ac- ·Pleas in Henwood v. Harrison arrived at identi. Mr. Francis-Duty! cusations were intended against that gentleman. cally the same conclusion as the Court of Defendant-Be good enough to keep quiet. As the alleged libel had only been published in Queen's Bench did in Wason v. Waller. The You will have your opportunity of making the Telegraph, and the statement at the Polico only two counts therefore in which the any remarks you please presently, Mr. Francis. Court in the whole of the papers in the colony, maiter has been fully discussed of late years To witness: You are aware that I have con- he could not think the character of the Surveyor are unanimous upon this point.. Henwood v.sidered it my duty frequently to write adverse General could have suffered any injury. Harrison. is peculiarly valuable. There in criticisms upon your public acts? However, he deemed it but fair to Mr. Price 1872 the privilege of a newspaper was pro to publicly state that no imputations were nounced to be identical with the privilege intended to Bet cast upon him by the protecting a master giving a character to a ser article, and he repeated it now. The liberty of vant, which was the precise illustration employed the press was at stake. It lay with the jury to in Campbell v. Spottiswoode in 1863 to distin- decide whether the press of this colony was to guish between what was privilege and what was be muzzled by the Government or by anybody not. In short, since 1866 the English Courts else, and he contended the press was at perfect have, to all appearance, been unanimous that liberty to comment honestly on all matters of public comment on a public man in the absence public interest without being laid open to prose of proof of actual malice is to be held privileged. cutions of this character. He thought the jury: If this be law, a defendant is absolved from the would see that it was to the public advantage necessity of showing foundation in fact, except that the press should be protected in the perfor in so far as may be used to rebut the charge of mance of the duties it owed to the public, malice, if such a charge be alleged against him. In the exercise of that duty; he was aware It may be urged, as has been the case under It had been necessary for him to frequently almost identical circumstances, that when a de- offend men whom he privately esteemed, but fendant accks the protection afforded by privilege he had sacrificed his personal feelings to what, he must show affirmatively that the fact exists rightly or wrongly, he considered his public duty. which brings his case within the privilege, and this In a small place like Hongkong, where there must be effected by proving that the basis of the were so many abuses, and where everyone was comments alleged to be libellous, and the sub more or less known to each other, a newspaper
stance of the paragraph, are either true or were could not possibly be conducted in an indepens honestly believed by the defendant to be true. & dent manner without giving offence to many Although I can, without the least trouble, prove people. Defendant then dwelt, briefly on the my bond fides in this publication, if the obser- meaning of the term jobbery, and quoted from vations I have made as to the sufficiency of the well-known writers, such as Macaulay, Sydney defence of privilege in the absence of actual Smith, May, &c., defining the general applica malice be well founded, all this is quite beside tion of the term. Remarking that the officials the point. In support of this, I
Council in thin-skinned face; he stated that the term "job" Hart v. Gumpach (L. R. 4 P. C. 439). In was very commonly applied to petty political that case the judge directed the jury with intrigues at home, and such a thing as taking reference to a privileged communication that legal proceedings was unheard of. In proof of they were to consider "whether the repre this, defendant read extracts from an article in the sentations were warranted by facts." But
W. Goulbourne, Kin World, under the heading, "Next to Godley. the Privy Council in giving judgment stated that enough to Inform the Hort, the Surveyor-General that we have r
StIn reply to your letter just received, will you be good ness," in which Mr. Gladstone was charged with "he should have told them that the action ceived Instructions from the Colnefnd Secretary to supply, the Sur- having perpetrated "an abominable job" in ap- would not lie if the statements were made veyor-General's Deparuncat daily with a copy of the Hongkong pointing his private secretary, Mr. Godley, to honestly, and in a belief of their truth, and that, and this we shall continue to do so uintli the order a the office of Permanent Under-Secretary of State" the burthen was on the plaintiff to prove they for India. If it was not considered derogatory were not so made. No such explanation, how to the reputation of the Prime Minister of Great ever, was given. The judge only asked the jury Britain to be openly accused of being the author whether the appellant had made falie statements, of an abominable job," the alleged inference of and whether the representations were warranted jobbery in the paragraph in the Telegraph could by facts. The last question is clearly mislead. surely have little effect on the character of a ing. In cases of this kind. the question is not Surveyor General of a third rate colony. De-as-upon a plea of the truth of the libel whether fendant then explained what caused the alleged the representations are true or waranted by facts; libel to be written. One of the staff of the Sur- but whether, although they may not be true, the veyor-General's department called at his office,and defondant might have honestly believed them in course of conversation between defendant, his to be so, and made them without malice." brother and this person, the Tytam waterworks If my exposition of the law is correct, the onus were alluded to. Defendant laughingly observed Hes on the prosecution to prove actual malice, to this person that he supposed he would make and if they do not succeed in doing so I submit a good thing out of the waterworks, and the it is your lordship's duty to decide that there is official replied that he would not do so badly, either no case to go to a jury, or to direct a verdict of hut that they were looked after sharply by the not guilty" to be returned. I would ask who Surveyor General, who liked all the good ther your lordship is with me on that point? things" to his own check. Defendant considered The Chief Justice-I am afraid I am unable that there was justification in publishing this, as go so far as that, Mr. Fraser-Smith, it was a public matter which ought to be inves The defendant-Gentlemen of the jury, a tigated. He also read an extract from an article few words and I have done. I have to ask In the Hongkong Telegraph of the 26th May you to dismiss from your minds anything you 1883, dealing with the question of a number of may have heard about this case outside the contractors who had completed their work, but court-all such nonsense as the bets of a hun-spectable. could not get paid because they would not sub-dred to one that I was to be sent to gaol for mit to give squeezes "to cestain officials. After twelve months. I would also ask you to set aside the article appeared in the Telegraph, the affair the truculent eloquence of the learned barrister. was taken up by Mr. Marth, the Administrator, You have to decide on the issues laid before and the mea were paid, after having waited some you, and I feel quite confident that your six or seven months, without further dolay, A copy verdict will be fairly considered and justly of the China Mail was put in, after defendant given. I ask for nothing more to that, had reat a paragraph in which a tumeur was I am justly entitled. The editor of a newspaper-No, but some of its contents are often given, publicity that government contracts were carried out at a cost of fifty per cent, over the that in moble, and there is no doubt
in my criticisms of various men and things Was it not because of an article severely cri- prices paid by private individuals for similar I have erred frequently, but I have always ticising your public acts ?-It was not. works. Defendant had a number of copies of the written honestly and in accordance with my con Will you be good enough to inform the jury Telegraph, containing articles in which Mr.victions. Where I have erred it has not been Price's abilities and character were highly owing to malice, but through errors of judgment. out contracts?
as to the custom of your department in carrying geken af, but it was hardly worth while in troll. If I have ever slandered any one. it has been Mr. Francis objected to the question on the e the jury with them. He would now deal with done in what I considered the honest perform ground that it was not now competent for the the legal bearings of the case.
APCO ok my public duties. I am surprised that defendant to go into the truth or falschood
or falschood of The Court was at this stage adjourned for the teamed counsel should have deemed it the alleged libel. tiffin, and on resuming, the defendant addressed necessary to suggest such vile reasons for the The defendant said he was not going into that
che la desire to tie the verpt of this in for paper, and wild be glad you out office with your account at your earliest convenience.--I remain,
WILLESH GOULBOURNE,
The defendant-Is that the substance of your instructions ?
Witness-It is.
And you remember receiving a reply to it continue it."
(Sd.) J. M. Paice, Surveyor General, The letter-enclosed was the one given above by the defendant, declining to discontinue sup
plying the paper,
of the Hongkong government were apparently a decision of the Lords of the Privy the remember my clerk told me you declined to dis- whole of it. The copy for the paragraph con-
td
I will read you the letter." The defendant read as follows:-
Honjong Telegraph Olea,
Hongkong, 4th Januniy, 1891.
countermanded either by. Dr. Stewart or his Excelliancy the Ad
inistrator-1 am, &c.,
A FRASER SMITH.
Examination continued--Were you never ca- ticised in the Hongkong Telegraph before the 4th January?
You remember what you said ?-Perfectly. Will you repeat it for the benefit of the jury -I consider my communications to the Colonial Secretary are privileged, and do not concern you in any way whatever.
Did you state that I was a convicted criminal pursuing my abandoned career I decline to give you any answer on that point.
Defendant-We will have the letter produced, so it does not matter. Will you give the reason why you ordered the paper to be discontinued when it was ordered to be supplied by the Col- onial Secretary.
Well, let us have two or three other names. Witness Mr. Thevenin, the wine merchant, for one....
*
Did he give you any information ?—I don't say information; we had some conversation. I don't see what you wish me to tell, but I will endeavour to answer your questions. We were comparing the salaries of the members of the Surveyor-General's Department, and wondering how a person with $60 or $65 a month managed to pay $30 a month for rent, keep a family of seven or eight, and having always from common beer to the best champagne in his house, and to the without a wargin Beild. That was the substance of it. It was a problem in social economy we were trying to work out.
And did you-arrive at a satisfactory conclusion according to your own lights We strived at the conclusion that the person did not pay for the things he got, otherwise he had means of getting money which were not legitimate.
What is the reason you remember about that article so well?--Because when my brother came back from, Macao he gave me a good wigging about it. If he had been at home it would most likely have been tom up or thrown into the waste paper basket.
Can you give me the day he went to Macao? I cannot
You cannot remember the day?-No.
" ESMERALDA,"
Captain Wright, will be despatched for the above Port, TO-MORROW, the 1st December, at FIVE P.M.
For Freight or Passage, apply to
RUSSELL & Co.,
General Managers.
Hongkong, 30th November, 1883.
1893
THE CHINA AND MANILA STEAMSHIP COMPANY, LIMITED,
THE
FOR MANILA, VIA AMOY. HE Company's Steamship
"DIAMANTE,"
Captain Culica, will be despatched for the above Ports, on MONDAY, the 3rd December, at FIVE P.M...
For Freight or Passage, apply to
RUSSELL & Co.,
General Managers. Hongkong, 30th Nevember, 1883
FOR SYDNEY, MELBOURNE AND
ADELAIDE.
[894
(Calling at PORT DARWIN-and-QUEENSLAND PORTS, and taking through Cargo to NEW ZEALAND, NEW CALEDONIA, TASMANIA and Fiji).
THE Eastern and Australian Steamship
Company's Steamer
"MENMUIR,"
above on FRIDAY, the 14th December, at Captain W. Ellis, will be despatched as FOUR P..
will be received up to 4PM, on the 13th Decem Parcels (all of which must be sent to our Office)
ber.
Contents and Value of Packages must be declared.
For Freight or Passage; apply to
GIBB, LIVINGSTON & Co., Agents. Hongkong, '30th November, 1883. [895
NOTICE.
LL PERSONS having any CLAIMS AGAINST Dr. VON DER HORCK are A requested to sand full particulars of the same to the Uadersigned.
J. M. ARMSTRONG. Hongkong, 30th November, 1883.
NOTICE
FROM
[896.
ROM THIS DATE we will also carry on the Business of SHARE and GENERAL BROKERS in this Colony,
+
O
ECA DA SILVA & Co.,
General Commission Agents
and Auctioneers. Hongkong, 30th November. 1883. [891 BRITISH NORTH BORNEO COMPANY,
NOTICE OF REMOVAL, THE BRITISH NORTH BORNEO IMMI- MOVED to No. 6, QUEEN'S ROAD CENTRAL TGRATION OFFICE has been RE lately occupied by the Pacific Mail Steamship Company.
Hongkong, 30th November, 1883.
FREDERICK RICKARDS.
1893
VICTORIA HOTEL,
22, PRAYA CENTRAL.
From your fund of information can you give PROPRIETORS, DORABJEE & HING KEE, us the name of the writer of the letter signed Hudibras?Yes,
Will you do so?
The defendant-You are not called upon to do anything of the kind.
Witness-Am I bound to answer a question that will criminate myself.
His Lordship-Are you prepared to state that the answer will criminate you?
"Witness-I have no objection to state on oath that the answer would criminate myself.
Mr. Francis-And did your precious brother see it before it went in?
The Defendant protest, my lord, against this uncalled for impertinence. I think it ill becomes the learned counsel to use such an ex pression towards a defendant in his cross-exaini- nation of any witness.
[381
———-~~-~LATE LESSEES OF THE
HONGKONG HOTEL THE Community of Hongkong are respect- HOTEL will be OPENED on SATURDAY, THE
fully informed that the VICTORIA the 1st December, 1883.
Hongkong, 24th November, 1883. VICTORIA
PRAYA CENTRAL, HONGKONG, PROPRIETORS, DOKABJEE & HING KEE, LATE LESSZES OF THE HONGKONG HOTEL
TH
HOTEL,
Stuart M. Fraier-Smith was then called, and said he was manager and sub-editor of the Hongkong Telegraph, and in that capacity all copy for the paper passed through his bands, and he knew the names of the writers of the
Have you any recollection of the date of this taining the alleged libel passed through his conversation with Mr. Rose about the Surveyor- hands, and it was neither written nor dictated by General keeping all the good things to himself? the defendant, who was not in the colony at theI could not tell you; it was shortly before the time it was published. He was acquainted with article appeared, but it was probably not on the the circumstances which led to the writing of the. same day, as it is unlikely the article would have paragraph; they were as follows A gentleman been written on the same day. connected with the Surveyor-General's Office called in at the office of the Hongkong Tele- graph one moming about nine o'clock Amongst other things this person and the de. fendant were speaking of the common events in the Colony, and touching the Tytam Water works his brother casually remarked to him, "You will doubtless make a good thing out of these waterworks." The gentleman replied. Witness I believe I have been; I believe IOh I shall not be so much amiss, but I don't have been systematically libelled by the Hong- think I shall do so well either, as we are so tong Telegraph, but I cannot give dates.
very smartly looked after now, and Mr Price On the receipt of that letter by Mr. Goulbourne likes to keep all the good things to his own I believe you addressed a letter to the Colonial cheek. It was that conversation which led to Secretary -1 did.
the writing and publishing of this paragraph. Witness bad frequently had conversations with members of the Surveyor-General's Department about alleged irregularities; they were almost daily, for it was his business to meet people and sound them. He recollected the article of the 26th May 1862. It was wristen under the following circumstances, A member of the Surveyor-Gen eral's Department called and asked him to in- terest himself by the paper to get certain out- standing accounts due to contractors to that department paid; he suggested that he (witness) should go round to ten or a dozen of the con- tractors and make a bargain with them that if Witness Because I did not consider it re-be succeeded in getting in their accounts within a fortnight or some such time, they should pay and that was my opinion.
Why ?-Every man is entitled to his opinion; him a percentage upon the amount to recoup him for his trouble. Witnesa said he would not undertake the work on those terms, but he would do it for nothing if the contractors would satisfy him that he was doing it upon a sure founda- tion. The person took him to two of the contract. ing six or eight months for the payment of their ors, who satisfied him that they had been wait accounts and in he went no further, but drew up a scheme for an article which the defendant wrote. The next forenoon the person told witness that the Acting Surveyor General had been in
delicacy of the Seaton, and most satisfactory The TABLE D'HOTE is supplied with every quiring in the department, as to who had given the information, and asked him not to disclose
attendance. WINES and LIQUORS of the Do you write the bulk of the correspondence Best Qualities and Brands only are supplied. his source of information. The next day this which appears in the Telegraph-I do not think person told withear that Mr. Mamb, then Ad I am bound to answer that question; it is only DINNERS and PICNICS, made on the most Arrangements for BALLS BANQUETS, ministrator, and written down to Mr. Dowdler an interior detail of busincas. to inquire whether the allegations contained Mr Francis Only an interior détail of busi sive experience of the Proprietors, and the excel-
reasonable terms.The long and almost exclu in the paragraph
chop chop." The con- Defendant-You had better answer him there guarantee that satisfaction will be given in this lent reputation they have gained, are a sufficient tractors and the Surveyor-General's man also is no objection to your answering the question, branch. been kept waiting for their money was because Government contractor; when I get work I do it rangements at Reasonable Prices, either for told Him that the reason the contractors had Lum Kam Chi said- ara a contractor, not a With every facility for making suitable ar they could not afford to give a gratulty to the I do not remember about having had some con-permanent or weekly BOARDERS, the Pro- were put off with limsy excuses, man in charge of the pay deres ment and they versatile with the list vine ander Rose prietors confidently appeal to the community of day to day. It is so long ago. How can remember it now? Hongkong for a continuance, of the generous He did not recollect the name of the contractor I have a good deal of work to do
patronage bestowed on them during the part who told him this, but he knew him, and had
cleven years. seen him since this matter, when he chin-chinned witness, and told him he was his very good
VICTORIA HOTEL: "" friend for getting him his money; be also invited
23, Praya Central, Hongkong witness togo to his house, and "cumshawed him
Hongkong, 20th November, 1883. 868 a box of cigars. Witness was about a good deal among the Chinese and European membersofthe community, among all of whom it was common talk that squeering and bribery did exist in the Surveyor Generals Department He had very beleving it existed, e
I asked you the reason. Was it not because your acts were severely criticised I formed the opinion then, and I have seen no reason to alter that opinion.
Why, you have just said you never too the repeated to me
The Chief Justice-I don't consider, Mr. Francis, you are justified in making use of such an expression
The learned counsel made no reply to his lordship's admonition.
the letter before it was inserted?
Mr. Francis to witness-Did your brother see Witness-Yes, he saw it in the proof, and he wrote the foot-note.
Is there any person but yourself who would be criminated by any disclosure about the author or writer of the letter signed "Hudibras?"-No.. Can you point to any article in the Hongkong Telegraph about that time entirely your own composition? Yes.
hla lordship on the legal points as follows peny alleged malice, Jealousy "of Mr. Price was question, but he would only endeavour to show counts were then paid. And that the noness; that will do for me.
T
Defendant. Did you complain to Mr. Rose about not being paid for your Government work? Witness-No, I did not; I do not remember it. Is it a fact you were kept waiting six months
your pay at one time--It is so I remember?AN
is long, how can
for
A libel, according to the letter of the law, is any one. Why should I be jealous of Mr. Price he was not actuated by malice and that he had malicious publication which reflects on the cha. What is there to be jealous of Mr. Price's good grounds for advocating an investigation racter of another; according to the spirit of the honors as Surveyor-General, such as they are, into certain matters. law and of justice it is a publication both mali- he has doubtless fairly won, and he is justly en- His Lordship said the defendant was entitled cious and defamatory, and which will cause titled to wear them. The slanderous insinuation to go into that, as Mr. Francis bad-made mailce actual injury to the character of the person that I might be paid to make these so-called one of the strings of bis bow. It would be his be decided appear one that the question to attacks, the hired brave with the poisoned dag. duty hereafter to tell the jury how far they were libelled. It
in this case is Does the right ger, le beneath contempt, and will meet with the to consider the question of malice. which every member of the community por abhorrence of all honest men. I am extremely Mr. Price then, in answer to the defendant's scacs to discuss publicly and with freedom, sorry that Mr. Francis forgot himself so far as questions, said that when public works were all matters of public interest and general.com to make such a bass insinuation, but it is only to be undertaken there were two courses which cern, constitute a qualified or conditional pri- one more proof of the almost entire absence of were followed-one was to advertise for tenders, vilege within the legal, meaning of that word; commercial morality from the colony. It was in the Government Gazette, and to send found and if it does, is a claim of privilege of this only the other day when going over to Macao circulars to the principal contractors, or to have, nature to be governed by the same rules of proce that an old and respected resident of this the work done by measurement in accordance dure, and does it mise for determination by the colony in the course of conversation at table with a schedule ef-prices-in-the-Government
calmly expressed the conviction that the der Offices. In all works tenders were not adver oflaw and of, fact as present themselves at the trial in all other cases of conditional or qualified grass was due to the fact that the paper was sub- necessary, but in large works, such as that privilege? Or is the right of free comment sidised by His Excellency. This resident was Causeway Bay, or the Observatory, it was the on matters of public interest a right sui generis an old man, and what he said could not be reinvariable rule to advertise for tenders unless not amounting to a legal privilege, and does it sented; it could only be explained. And when there was some special reason against it. The raise, when it is claimed for a defendant at trial, I convinced him that his suppositions were as whole thing was governed by the possibility of distinct and different issues for settlement by the
you must be add fool, for the other. The acceptance of any continet rested with the view of the matter, would appear to have been side would have given twice as much as Hen Governor, but he could not say that he had no considered the correct ruling, awe and in the messy had to give for your support Thin, responsibility with respect to them, since he sent celebrated Saturday Review case, Campbell v gentlemen of the Jury, is a fair instance of the his report upon the tenders to His Excellency Spo tiswoode (reported in 8 Rest and Smith, stato of commercial morality in Hongkong, who might, perhaps, be influenced by it. Atender and in 38 Law Journal, Queen's Bench: 188) and this may account for the insinuations accepted without competition would not be an that Chief Justice Cockburn decided that the of the leamed counsel. In conclusion, let irregularity, as a great many contracts were given position occupied by the editor of a newspaper me assure you that, so far from my have without any competition. That was only done was not a privileged one. But the vig of the ing written this alleged libel out of ill will where the price of the contract was below the law enunciated in that case has been upset by later decisions. Under correction, I submit that since 1866 English Courts: have bein uns nimous that public comment on a public man
Judge and finding of the jury the same caestionesence of Governor Hennessy's policy by the 77tised for in the Government Gazetted it was not often heard it, said, and he had good) reasons for came to me two days ago, and asked me to go.
Judge and by the jury?, Up to 1863 the latter indless as they were vile, he simply observed, ascertaining the cost of, any work beforehand, the tittle tatla in the colony. He was a good him to call re-butting evidedce. He was sorry
to Mr. Price, I did not write it all I was, Government scale already mentioned, and would at Macao when it was published, and actually not be given otherwise. There was no truth in knew nothing about it. However, as celtor of the paragraph the defendant had quoted from the paper, I am responsible for the libel, if it be the Ching Mail as to the Government paying so
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Defendant-I don't think it is any good wast. C. L. THEVENIN, ing valuable time on this man; he evidently does pot wish to answer
By his Lordship The defendant's brother to his office, but I did not go subentrand inainger of the Hongkang Tela francis, as the defendant was beginning
Camined by Mr. Francis Witness was Defendant. I call no mord witnesses, my Lord. ANE, ASSORTMENT crop, and he allo did some proof reading, acted his address to the jury, asked for an adjourn archare reporter, and general collector of all ment until the following morning so as to enable GRAND HERMITAGE, AMARAS deal in the streets, but he was not in the habit of to prolong the trial, but as he had no opportunity being absent from the office from 10a.m. to sixp.m. of knowing what evidence was to be produced, he RICHEBOURG, The conversation with the gentleman. from the could not be prepared for it Suveyor-General's Department occupied about a quarter of an hours he came to ace witness, but the defendant heard all the conversation which had been detailed in fact it arose on bis brotary's question. It was done quite naturally; he would not say promiscuously to
Mr. FrancisWho was the gentleman from the Surveyor-General's Department?e
Witness That I decline to say,
name must be given.
Mr.
sonable one. You seej Mr. Fraier-Smith, the OLD PORT,
The Chief Justice I think the request a rea- learned prosecutor could not possibly have know that this griderice was to be brought forward.
The Defendant-I offer no objections to an adjournment, my lord,
day morning at 10 o'clock, the Chief Justice
The Court was then adjourned until Thurs
Įrémarking" to the jury that the case would cer?'
tainly, be finished in the course of the day.
SHE
CHABLIS,
WHISKEY WHATMAN COGNAC,
LIQUORS AND SYRUPS PERFUMERY,
Hongkong, 14th October, 1883,
1280