Intimations.
S. WATSON & CO. AMILY AND DISPENSING
FAMI
CHEMISTS,
THE HONGKONG TELEGRAPH, FRIDAY, NOVEMBER 30, 1883.
TELEGRAMS.
LONDON, November 19th. FRANCE AND CHINA.
We learn that Mr. Kennedy, the wardmaster of the Government Civil Hospital, who shat bimself a few days ago, is progressing slowly towards recovery, The bullet has not yet been
A vote of credit has been approved for Ton-extracted, nor its exact location discovered not, from the defamatory nature of the paragraph-and-effect, that it was necessarily injurious to quin,
•
The French Minister of War has stated that WHOLESALE AND RETAIL DRUGGISTS, 6,000 additional French were ready to leave for
Tonquin at any moment.
DRUGGISTS' SUNDRYMEN,
PERFUMERS, IMPORTERS AND EXPORTERS
Or
MANILA CIGARS, WINE AND SPIRIT MERCHANTS, AND
MANUFACTURERS
AERATED
WATER S
THE HONGKONG DISPENSARY, ESTABLISHED A.D. 1841..
THE SHANGHAI PHARMACY, 24, NANKIN ROAD, SHANGHAI.
BOTICA INGLESA,
14, ESCOLTA, Manila.
LOCAL AND GENERAL.
We have to apologise to our readers for the Jateness of publication of this issue. It was our intention to have published a full account of the two days' proceedings in the late libel case, and only at the last moment was this found impracticable, owing to its great length. Room had also to be found for the interesting new received from the North. We have man aged to get in a complete report of the first day of the trial, and shall publish the second day's proceedings, together with our editorial remarks, to-morrow, jej HMS Daring will vacate the Cosmopolitan Dock to-night.
THE French transport Tourville arrived from Amoy this afternoon.
KUNO TEZ LAM, a member of the mend your umbrella persuasion, was charged before Mr. Wodehouse this morning with stealing money, clothing and jewellery to the value of twenty five Mexicans, from the house of a married woman on the 27th instant. Defendant stated that he had been living with the lady four years, but left her when he knew she was the property of another man. He did not take the articles from the house. The case was remanded till December 6th.
L ACHI, a hawker, was this morning charged before Mr. Wodehouse with violently stealing a pair of gold earrings with jade stone drops from the person of Ma Atsoi, an inmate of a brothel in West Street, while she was doing a walk in Hollywood Road yesterday. The hawker collared the car ornaments from the lady's care and bolted down Ladder Street, running right bang against a district watchman, who seized him and made him fast. During the struggle the hawker dropped the ear drops, which the watchman picked up and took to the police station. Mr. Achi was
THE CANTON DISPENSARY, CANTON, THE U.S. gunboat Palos ved at Tientsin on duty cautioned and committed for trial at the these works to the semi-privacy of the column of the Government persistently attacking Mr. Price, and attacking though there had been a considerable number
THE DISPENSARY, FOOCHOW:
the 18th instant.
[3 THE U.S. corvette Montazy arrived in Shang- hai from Japan on Saturday last, the 24th inst H.M.S. Albatross was at Chinkiang on the sand inst, and after remaining there about 15 hours left for Hankow.
MARRIAGE. On Thursday, the 18th October, at Trinity Church, San Francisco, by the Rev. Dr. Beers, D.D., RUSSELL ROBERTSON, H.B.M.'s Consul, 79, Great King Street, Edinburgh.
next Criminal Sessions.
THE PRICE V. FRASER-SMITH
LIBEL CASE.
report does not scruple to assert that these contact arter of the article. He proposed to show from an antised. In the affidavit of the
Mr. Francis object to any references being made to the affidavit.
The Chief Justice As Mr. Fraser Smith is not represented by counsel, we must not hold him
he may make any
Yokohama, to ANNIE, daughter of John Ross, A REGULAR Lodge of United Service, No. 134 false and defamatory libel on John Macneile works are to be carried out. We are quite sure that the the fifth time that Mr. Fraser-Smith had im- strictly to rule. If he is to put the affidavit in.
The Hongkong Telegraph
HONGKONG, FRIDAY, NOVEMBER 30, 1883.
will be held in Freemasons' Hall, Zetland Street, on Saturday, the ath proximo, at 7.30 for 8 pm, precisely..
IN an editoral in the Shgangbai Mercury of the 23rd inst we read:-The sudden despatch of the Audacious to Chusan indicates orders from the British Minister to protect the Treaty Ports. THE Price v, Fraser-Smith libel case terminated late yesterday afternoon, the jury, after being absent from the box 35 minutes, returning a verdict of "not guilty" by a majority of four to three.
WAR MOVEMENTS.
Writing on the 26th inst; the Shanghai Courier says:-We have it on trustworthy authority, that the Grand Secretaries at Peking have written to Chang, Viceroy of His EXCELLENCY GOVERNOR Roza arrived from Canton, ordering-him-to-proceed-to-the-Macao this morning in the small Portuguese boundary of the Liang Kwang and pro-gunboat Taipa, for the purpose of being present tect the border and prevent the French at the St. Andrew's Ball In the City Hall this from entering China. Meanwhile Peng Ferening Ya-lin; recently Admiral of the Yangtsze, is to act as Viceroy of Canton, and be pre- pared to defend it against any attacks by the French:
to
THE adjourned inquest on the body of Mr. Edward Hughes Hallett, late chief officer of the steamship Ning, was concluded this afternoon, a verdict being returned to the effect that the
deceased came to his death from an overdone of
The case in which Robert Fraser-Smith, printer and publisher of the Hongkong Tele- graph, was charged with having published a
Price, Surveyor-General of Hongkong, was com menced at the Supreme Court before Chief Justice Sir George Phillippo and a special jury on Wed- nesday morning (28th inst.). Mr. Jno. J. Francis, barrister-at-law, instructed by Messrs. Brereton, Wotton and Deacon, appeared forthe prosecution. Mr. Fraser-Smith conducted his own defence. The following gentlemen formed the jury Messrs. Edward Burnie, Henry Foss, Dominic Musso, C. T. Kuhlmann, B. B. Dalton Sayle, E. L. Woodin, and W. S. Young.
On Mr. Dalton Sayle's name being called, Mr. Francis said he would ask that Mr. Sayle stand aside.
cause.
In the Bandmann case Mr. Fraser-Smith ox- † pare these advertisements-and-give the neces something definite Bad Core with mankind. He could assure the jury that be bora
Defendant-I exercised no right. Mr. Francis-Well I only suggested it--and 1 withdraw it.
Mr. Ackroyd, Registrar of the Court, read the
It is believed here. In Chinese official | laudanum, but that there was no evidence to show information, which was as follows:
drug
IN THE SUFREE court or hangkONG;
The 11th day of October, 1881-
these contracts.
that nothing more defamatory could be said of proof that they were unmistakably true. Thatter up. The learned counsel then gave the jury a him, considering who he was and the position was proof that they would not have in this case, short dissertation on Roman history (period some he occupied. With reference to the question of that they could not have, that the defendant had where about 68 B.C.) introducing Cataline, Cicero malice, two considerations arose. One, was shrunk from even attempting. If they found and other worthles of that time, and wound up purely a question of law, and was whether or
the paragraph was defamatory in its purport with stating that defendant could not possibly have known the meaning of the words quoted, and they were not bound to infer malice? But in ad- Mr. Price's character and reputation, then would contending that if he did, it was an attempt to dition to that, he proposed to show that this attack arise the question of malice or no malice. He institute a comparison between the Surveyor- on Mr. Price's reputation did not stand alone, thought his Lordship would lay it down that General and one of the most infamous characters
No witnesses were called for the prosecution, but was only one of a series extending over a very where motives are imputed, malice is necessarily in the history of ancient Rome.
Defendant commenced his address by remark- long period; that Mr. Price had been attacked implied, that belief in the truth of the state- by the defendant at all times, in all places, ments, or innocent intention in their publication in all characters and capacities, as a mem constitutes defence whatever; that there ing that he was once present in that court when ber of the Government, as Surveyor General, as can be no justification or defence but proof Mr. Hayllar, QC, complimented the learned to a private individual that on every possible and absolute proof of the truth of the allega- barrister (Mr. Francis) on his facility for making opportunity, Mr. Price had been exposed to tions. It would be argued that this para lengthy speeches; he was glad to be able to ridicule, to contempt, to censures of every de graph was a public comment by a public writer endorse Mr. Hayllar's views to that extent, scription, and that corrupt and vile motives had upon a public man and upon his acts; and under judging from the oration to which they had just been imputed to him at every hand's turn. He English law it is not merely the privilego, but listened, but which, in his opinion, contained would ask them to infer from the perusal of the right of every member of the community to such a mass of matter entirely inelevant to the these articles, and the consideration of these comment freely upon all the public' acts of every issues to be tried, as would have discredited the facts, that the defendant was not actuated by public man; but when those comments go be youngest and most inexperienced barrister, in Mr. Francis' address com- any feeling of public spirit and genuine desire yond the public acts of the public man and Im the profession. to subserve only the public interest, but pute mercenary and dishonourable motives they mented with abuse and ended in prophecy, the that he was animated by some personal are outside the defence of privilege. On this first being as unjustified as the latter was un- spite, personal ill-will, whatever its origin, point he referred his Lordship to the case of founded. The position of the jury was a unique with reference to Mr. Price and all his act Campbell v. Spottiswoode. He contended fur one, unparalleled in the history of the colony for ions. The learned counsel then read the ther that there was no fact stated in the para-some 25 years. A common jury was not considered paragraph which formed the ground of the pro- grape from which the writer could necessarily good enough to try this alleged libel against a and directly infer the existence of the motives he person so distinguished as Mr. J. M. Price. sccution, which runs as follows:-
The ordinary juries of Hongkong, who try La Saturday's Gorite appear several Government polificalon ascribed; and the motives so' ascribed were the
men for their lives and for the most inviting tenders for certain local works of serus magnitude. The baseat, most sordid, and vilest motives thatcould reclamation of Causeway Bay and the competion of a sea wall, awing bridge, bruin and slips for launches, &c., at the Kowloon possibly animate a public ran. Hut he proposed serious criminal offences, were "not honest Police Station, en, undertakings of special importance to the com to go a few steps beyond the paragraph in ques- enough, not intelligent enough, according to the munity, and will crail a very heary expenditure of public funds. Why, thes, does the custom pravall in the Colonial Secretary's Li011 This was not a single instance in the prosecutor's affidavit to the Attorney General, to office of cunning the advertisernetila Inviting public tenders for career of the Hongkong Telegraph. It had been decide simple matter of alleged libel. Al- Gazette, pubilation which is seldom seen outside the gover- ment offices? Surely it is to the public interest to give these him from every possible point of view-mast of of criminal libel cases tried in Hongkong, in no mat ers all the publicity possible! And it is evidendy to the the attacks utterly motiveless, his name being case for ag years since the case of Regina v pritaie interest of some person of persons to keep them as secret dragged in where there was no possible ne Tarrant, tried in 1859-had a special jury been Recircumstances will liquiry this should be the cawa.uill. not even venture to hazard an opinion that stayinterm: Gavem cessity for its being dragged in, where it had allowed although applications have repeatedly Bowen and Mir, W. H. Marth to know that the ungue of public
no obvious connection with the subject mat been ma dark, manipulandand arranged result the devices of certain officia's
who, for the present, shall be nameless. All contracts for palile previous articles in the Telegraph, that Mr.
bosk works should be extensively advertised in the local newspapers,
Price had been the constant object of cause foreign and Chinese, and an independent and reliable board of trustworthy heads of departments should be appointed to decide less and baseless attacks at the bands 'of the all senders on their merits without interference or advice from the defendant, and that this was not the first nor chief of the particular department under whose murploes the honourable the Surveyor-General could (and would, if requested puted corruption and jobbery, private and in-as toda so) give His Excellency a deal of valuable leformation on terested motives, to Mr. Price in relation this subject. Mr. Price is reported to be a determined opponent
Defendant It niskes no material difference, robbery which is said to prevail so extensively sesongst the public acts. There was one other matter bear- subordinate members of the star of the Surveyor-Genenting on this question of malice, which was, that my lord, although it was my intention to speak. department, The subordinate meebers alluded to retaliate by asserting sub read that the housusable member if Mr. Fraser-Smith was in possession of all the in the most complimentary terms of the gen imperat ment likes to monopolise the good things to his own check. information he stated in his paper he was in dlemen who have been selected to try this possession of with reference to the corruption case. Continuing his address, defendant sald and jobbery in the Surveyor-General's depart that to make his deferice as intelligible as possibl ment, the natural and obvious course for a man he thought it, would be the simpler method to who had the public interest at heart would have deal with the whole question under two heads, been to bave formulated at information in the explaining first the facts of the case, and then shape of a communication to the Government looking at its legal aspects. With regard to It would have been, to say the least of it, while the alleged malice and it will against Mr. Pric he was in possession of rumours and reports he had to state that he had never spoken to only, common charity to the person accused to that gentleman in his life, he had never met have asked for an investigation in the first in him in private life that he was aware of, and stance. If the Goverment declined to investi- until he saw him when this case was brought. gate the charges, there was a higher power still on at the Police Gourt he was not certain that he to whom they might have been referred. even knew him by sight fit were a fact, there- The public interest would have been fully fore, that the learned counsel's Recusations were andamply served by such a course, and injury to truc, he defendant) must either be one of the private character would have been avoided until greatestecoundrels that ever disgraced the colony, was known, or affected with some extraordinary mania against But Mr. Fraser-Smith contentedTM himsellTM attacking Mr. Price's private character and neither malice nor ill will towards Mr. Price, and personal reputation in the columns of his newe-everything that had been written of him in the paper; he descended to the meanness and little Telegraph was written of him in his public capa ness of attacking him one day for one thing and city as a public servant. He would also produce another day for something just the reverse. He evidenceto prove that the paragraph which formed would call attention to one matter, which, the ground of this action was not written by him. trifling as it was, was a fair illustration of the that he was absent from the colony at the time spirit in which the defendant had dealt with it was written; and that it appeared without hi Mr. Price. In a paragraph which appeared one knowledge or consent. There was no malice, day the defendant called the attention of the and he thought the law was that if no majice were made out, there was no case to go to the Surveyor-General's department, and of Mr. Price
but nowas the matter had been brought for especially, to the terrible state of Garden-road, Jury and hoped Mr. Price would lend his stupendwald he thought it was perhaps as well that it our intellect to getting that road repaired. should be well ventilated. He would point out A very short time afterwards he noted that that though Mr. Francis had put in a number the road was under repair, and a short time of coples of the Hongkong Telegraph and taken after that he again attacked and upbraided the extracts to suir his contention from certain. ar Surveyor-General for having repaired it, stating ticles adversely criticising Mr. Price, he had that it did not want repair, that it was a useless omitted to put in a great many that had spoken expenditure, and that Mr. Price had some private highly of him and of the works be had carried Interest to subserve in having the work done. out. He had the copies of those papers, and That was a specimen of the spirit in which the would probably produce some of them pre Surveyor-General had been attacked, and over and sently "And now, as to the constructions which over again he had been represented as actuated in were put upon the different parts of the his public acts.not, by any sense of public duty but paragraph in question by the prosecution, he by private interest and desires. Mr. Francia then contended that they were twitary reader would
bear a meaning which no ordinary reader read and commented on articles which appeared on the 5th February, the 7th April, 6th June, ith put upon them; it was for the jury to consider July, 13th July, and 31st July, asserting that only the meaning any ordinary person would they indicated malice on the part of the defend- put upon the paragraph In reading it. Defend- ant, and asked if it were possible for Mr. Fraser- ant then read the paragraph explaining its Smith, after those articles, to say that the lan- common sense meaning, and arguing that there guage used in the paragraph on which this wasnothing in it at which any official could possi charge was founded had an innocent meaning? bly take reasonable offence, excepting that sen- A letter signed "Hudibras," published on the tence in which it stated that the subordinates of 12th October, referring to these proceedings, the Surveyor General's Department accused Mr. was plainly intended to emphasise the charges Price of wishing to appropriate all the good which had been brought against Mr/ Price: things to his own check. This might possibly It might be urged by the defendant that he be argued to be libellous to a private individual could have no possible motive for attacking or though he should content that He had not vilifying Mr. Price, that in his position as a published that Mr. Price appropriated any of the public service could he expect to compete suc- pubile writer every good motive should be at alleged good things. It was only the publication cessfully with other surveyors and architects and tributed to him. Of his motives they could only of a repert going round the Colony which it was to civil engineers whose characters were unblem-judge with any certainty from his conduct, and the loterest of Mr. Price should be made known ished by such charges? What man having a where had he written of Mr. Price with any ap to him. With regard to what the learned harrister building contract would entrust it to a man ex- parent spirit of fairness, impartiality, honesty, had said regarding the expression O tempora, pailed from the public service for bribery and and truth? But again, they might ask why he more, and the references he had thought fit to his own pocket 7, If any one of these charges Perhaps he wrote what he did simply to fill subject, be perhaps could not claim the ad- corruption, for making use of his position to fill should attack Mr. Price. Who could tell? make to his (defendant's) Ignorance on the was true, and proved to be true, Mr. Price's up the columns of his paper. Editors taust live, vantages of the classical education and bring carcar and whole future life must be utterly and and probably all this trash and rubbish was ing up which the learned counsel, had irretrievably ruined. And quite apart from the attractive to the majority of his readers. Perhaps liberally displayed in the valuable information truth or falsehood of these charges, what the malice and hatred were those of an adven he had given the jury concerning Cataline and must be the natural effect of the publication turer who in striving to emulate his superiors the dark ages of Roman history, but it so hap and dissemination of such statements in Hung- had failed, or perhaps they were caused by some pened that Latin was studied at Edinburgh and "The fact that Annam is a Vassal State
little social injury done long ago; or perhaps, al singer to relate be (defendant) had actually heard circulate? Those who knew. Mr. Price per though he hoped not, the malicious attacks were of the existence of such people as Cataline and of China is known universally. Yet France
sonally were aware that he was incapable of made by a bired brave whose calumnious dagger Ciren even before Mn Francis was so good as to has actually dared, both in times past and
committing such offences as those charged was sharpened and anointed by another, hand. favor the gentlemen of the jury with some of the present, usurpingly to invade and throw it
against him, that he was above corruption, that None could tell He would, however, contend results of his classical studies. For the especial into disorder; by which she has already
his character: stood high and deservedly high. that the paragraph was grossly defamatory and benefit of his learned friend he would take the * placed herself in the wrong. Moreover, the
But it was not every one in the Colony who had malicious. In the absence of a ples of justice. libery of stating that the expression O tem- city of Bacainh, with its environs, consti
the privilege of Mr. Price's acquaintance, and tion, the jury were bound to hold that these al peral Omerit very comtnon expression tutes the door of the Heavenly Realm, and A CORRESPONDENT writes to the Foochow
who was able to say of his own knowledge that legations and statements regarding Mr. Price aliongateducated people meant literally. "Oh formerly there were numbers of soldiers Herald: In your issue of the 15th Novembar
such charges were false and baseless Ms. were utterly false, and if they were false and the times: On the manners and that its plain, stationed there to guard it; yet France I notice you allude to the visit of Mr. A. K.
Price was unknown to many, amongst whom the malicious, and if their tendency was to injure Me common sense mening in the paragraph in paper circulated, and what opinion must strang. Price, there could be- but one verdict, and that question was evidentlyHow the times are has on repeated occasions plotted how she Travers to this port, and to his suggestion that This was a mere matter of form, and he had is have of him and the public service in this was a verdict of guilty. Mr. Francis then pro changed how the manners are debased, when may encroach upon it, in real defiance of dollar be spent on the departure of each mall to only to put in evidence a copy of the Hong Colony when they read such paragraphs as this? cocted to indicate the probable lines of de subordinate officers justice and propriety. We have therefore enable the mercantile community to sand lettere keng Telegraph, and, the certificate signed by Were such paragraphs likely, or were they not, fence that would be adopted by the de unclicked Issued express commands to the Prince to Pagoda after 3,30 The Postmaster General the Registrar of the Court that Mr. Frascato injure Mr. Price's reputation as an official, a fendant, and said there one thing he My. Francis had
Smith was registered as the printer and publisher professional man and a gentleman, amongst would certainly do, and that was to condemn and Ministers of the Tsung-li Yamén to in Hongkong is exceedingly generous on this The plea of not guilty denied that the paragraph those who read, the paper wherever it might himself out of his own mouth command the public envoy of France on `occasion, and Mr. Travers very clever; but would was in any way or shape defamatory or in circulate? Suspicion a deadly thing it probably tell them that all this and Been Our behalf, that if that country dares to he be surprised to know that at the request of jurious, or that anything defendant had said in is a cominon saying that there is no smoke done and written by him in tan abia and t it was done in the public: make any further attempt to encroach a portion of the community to the Secretary of it had a tendency to injure or defame complain where there is no fire, and if Mr. Price experienced editors that upon Bacnink, China, will immediately the Chamber of Commerce, the said Chamber official capacity, and it also denied that the attempted to set up in business in Shanghal upon himself in regard to the public, sade chat abou
ant, either personally or profesionally, or in his to-morrow, left the government service and interests that there was a great responsibility not despatch a large army, and give battle to the French at once. In addition to,
has to supply "Launch, if procurable, to article was published maliciously. In addition to or Japan, would not many peraeus hesitate be had hebly, and completely fulfilled that und
that, under the plea of not guilty, defendant could about employing him with auch paragraphe responsibility. Then a little further on he would repal this, the Yamen is instructed to com- take late letters down to catch a mall. municate with the Superintendents of IT seems scarcely accessary (observes the Ya set up an affirmative proposition, viz! that the as this in their hands?. They would hot trouble endeavour to pose before them as an amateur paragraph was published by him with reference themselves to enquire whether the state editor, without knowledge and experience, and Trade for the Northern and Southern San Mail to contradict the story circulated by to a public man and his public sets in a pupilaments were true or not, but would act on the augtherefore to be mercifully dealt with Ports, and the Viceroys and Governors a Shanghai journal to the effect that M. Tricou, character, and that therefore it was privileged gestion, and in choosing between two architects endeavour to get them to beller on of the Liang Kuang, Yunan, and Kwel during his stay in Japan while en route for Eu. In considering this plea only two Isrues were they would say, here is one man whose character divif, that a great deal of what ha chow, commanding them all to provide rope, is the guest of His Majesty the Emperor. graph was it defamatory or was it not, and was whether truly or falsely we do not know, has minutes afterwards be would endeavour to per
seriously raised, namely, the nature of the para has never been assailed, and here is another who, written was very likely to be true; and five troops and munitions of war, and to raise Having regard, however, to the exceptional na- whatever recruits may be necessary; ex-
it published maliciously or on a lawful and just been accused of corruption; which of these men sunde them that he knew nothing about these ercising, of course, great care in order to tre of M. Tricou's recent mission to China, as fiable occasion? He proposed to put before them shall we employ? And surely they would em articles until the summons was put int
three classes of evidence with reference to these ploy the man whose character stood unassailed. hands. He would also contend preserve the Treaty Ports from all dis-well as to the part he is accredited with having two points. First, he would ask them to con. It was almost impossible to conceive the enor cution had dealt unfairly with him turbance, so that the mercantile classes played in the dispute between the latter countryer with him, line by line, the paragraph itself, mous amount of mischief such paragraphs as from the information the last words may be able to pursue their trade in and France, we have thought it worth while what effect it would be likely to have upon their this must necessarily do to any man in Mr graph-Otampura O mores, I wante peace."
to ascertain, by direct enquiry, whether any own minds reading it for the first time, and what Price's position, depending as he did not merely iainly a great mistake on his (Mr. Francis) Peng Yi-lin has already arrived in grounds whatsoever exist for such a rumour, was the natural effect and tendency of the upon his character for professional skill, but also part not to have included these words in the language used He would ask them to say that on his character for honesty and Integrity.information, and if the defendant were anxious, Kuang-tung, and large contingents of and we are in a position to state, on the best the rect, sithyle, natural meaning of the langu. What justification could there be for the he would amend it. Until quite recently he had for soldiery have followed him from Chin-authority, that our Shanghai contemporary is age used was to injure and defame Mr. Price publication of such slanderous statements, so in forgotten the proper signification of the terms, kiang-N-C, Dai's Navr
wholly misinformed.
much as it was in the power of any man to do, jurious to the reputation of any living man, but but to refresh his memory he had looked
Commenting on the paragragh line by line, Mr. Francis contended that the only inference that could be drawn from it was that Mr. Price had been guilty of corruption, that he was in- capable of being entrusted with the allotment of tenders for public works, that he was interested in keeping advertisements for contracts in the dark for the benefit of his own friends. Re marked the learned counsel" what would any Defendant-Has the learned counsel any right stranger coming into this Colony and reading
that paragraph think of the Hongkong Govern to challenge, my lord?
The Judge Not unless he can show causement and its officials The only officials de- Defendant--Then I call upon him to show fendant could possibly allude to, or whom his readers could understand him to mean in that Mr. Francis --I don't propose to show cause. article were those whose duty it is to pre- sary orders for their publication, And it is ercised his right.
necessarily implied that the chief of that parti- cular department, under whose control public works were carried out, was untrustworthy, and that it was he who was probably the person interested in manipulating, and arranging The particular chief re- ferred to war the Surveyor-General. It was ap- At the General Criminal Sesalec, of the Supreme Court holden parent from the paragraph that the writer was at Victoria for the South of October 168 The Court is to unwilling to suggest a motive or reason for all He hesitated to formed by the Acting Attorney General on behalf of Our Lady the the proceedings he referred to, Queen, that John Macuelle Price at the time of publishing the endlos, malleine, and defamatory libels hereinafer een toned name the persons implicated, but in the last two was and still is the Surveyor General of the Colony of Hongkong sentences he did so. He did not openly say that and Member of the Emeculve and Legislative Councils of the the Surveyor-General was subserving his private ald colony, and that Robert Fraser-Smith contriving and unlaw- Lally, wickedly and maliciously intending to injure, arriere vilify interests in the management of his department; ard prejudice she said John Macello Price is his said office of
but he took refuge behind a public rumour-byin. Surveyor General as forexald, and deprive him of his good name,
sinuating into the public earthe same foul state me credit, and reputation, and to bring himinto public conserpt soundal, lafamy and disgrace, on the 3rd day of September in the
ment. As to the meaning of the term jobbery, Mr. year of our Lord and unlawfully, wickedly, and maliciously d
Francis referred to a dictionary, in which amongst write, print, and pablish and cause and procare to be writian, priatel
· article in, a čertala other definitions, the meaning was given as THE Japan Mail is informed that the state of
newspaper entitled the flangiang Tdimple n scurrdalotie,
"unfair means employed to secure some private the subscription lists for a testimonial to H.E.
malicious, and deamtory libel containing divers scandalos, mini- Sir Harry S. Parkes is as follows:-Hengkong, dus pad dafametry prices according to be toner and effect tended, that the word was used by the defendant cious matters and things of and concerning the end," and it was with this meaning, he con- $50; Shanghai, $105; Nagasaki; $99.50; Kobe, following:
In Saurday's Gazette (meaning the Hongheny Covernment in reference to Mr, Price and the department of 120; Tokiyo and Yokohama. $1,271; Total, Gaefte) por several Govenant Netis calous loving evders which he was the head. The paragraph con- for certain local works of some magnitude. The reclamation of
veyed the plain inference that the tenders were $1,645.50. The lists sent to London and New Cantway Bay and the construction of E sea wall, sering tilge, manipulated for Mr. Price's interest, and that if
basin allps for launches &c. at the Kowloon Police York have not yet been returned.
are undertakings of special importance to the communly, and he were a determined opponent of all jobbery will entalla vay boavy expenditure of public funds, Why, then, CHAN AHONO, a rice-pounder, was up before does the custom prevail in the Colonial Somatury's Office of amongst the subordinates in his department, it Mr. Wodehouse this morning for assaulting works to the mi-privacy of the columns of the Government
confining the advertisements inviting public tenders for these was only for the purpose of securing for himself all the benefit that was to be derived from that brother swamp-seed crusher with a chopper Gala, publication which is seldom seen outside this these jobbery. The learned counsel then expatiated yesterday, and was treated to six weeks' seclu.matters all the publicity possible i And It I eridantly to the at length upon the injury such a libel was cal
private interest of some person Imaging thereby the and john culated to cause Mr. Price. If a single one of sion with hard labor, and further bound over in the sum of ten dollars to be of good behaviour willow Why this should be the case we will not even venture these charges, if one single instance of bribery to hazard an opinion, but is my interest Governor Bowen, and and corruption as Surveyor-General could be for a month and a half after his release from the Mr. W. H. Marsh to know that the tongor of public report does
not scruple to assert that these contracts ins "kaps dari manip proved against him, what would be his posi- ulated and arranged to rule the devices of male officials (acation and his future? There would follow im the present shall be nameless. All contracts for public works should mediate expulsion from the Government ses- bentousively advertised in the local newspapers, both forega sad vice, inability ever again to hold office under Chiness, and an independent and rallable based of trustworthy the Crown, universni opprobrium and disgrace. heade of departments should be appointed to decide all tendiers on their merit without interferance of adeles frots the chief of the Then, in his professional capacity outside the pardelar department (meaning thereby the said John Macall are quite sure that "the hourable the Burveyor-Geral could (and would, if requested to do ca) strahir Excellency deal of luble formation on this jockey whichis slyported to be a opponent of the praval
a subordine metams of the star of has Surveyor-General's department. The abordinate macabre Juded to do set scripla to retallace by kmenting zué verk, that the his own check (meaning thereby that jobbory and cupion did honorable member likes to monopolise all the good things to in fact prevall very extensively amongst the subordinate member the said John Birenelle Price might see to it was solely for the purpose of benefiting himself, sad of deceiving the public, and that
circles that Tsêng Kwo-chuan, uncle of the state of the man's mind when he took the the Minister to England, who is understood
be now at Peking, is likely to be ap- ABOUT 6 o'clock last evening a fire broke out in pointed either as Viceroy of Nanking in the chimney of No. 73, Wyndham Street, through the place of Tso, or as Generalissimo of a wooden beam in close proximity to the flue. these provinces, with special charge to pro-catching fire. The sparks and flames 'were tect the Yangtsze and Shanghai and the vividly seen when the alarm was sounded, but neighbouring ports. His appointment as
a few buckets of water put things to right before Viceroy is subject to the Emperor's acced much damage was done. ing to another urgent appeal from Tso Tsung-tang to resign, but in the present crisis of affairs it is extremely unlikely that his wishes will be complied with. He undertook sometime ago to protect the *Yangtsze against the French, and the Emperor will, no doubt, be disposed to retain the services of such an old soldier, and if his resignation be not accepted, it is generally believed that Tseng Kwo-chuan will be associated with him as Generalissimo of the forces. Li Hung-chang is to protect Tientsin and the approaches to the capital and Peking itself, in case of necessity, - and soldiers, it is said, are already being
concentrated for this purpose.
CHINA AND THE BLACK FLAGS,
THE ATTACK ON BACNINH, PROTECTION OF THE FOREIGN SETTLEMENTS.
His Excellency the Viceroy of the Liang Kiang has received an important Decree from Peking, dated the 30th of the 9th moon, an abstract of which we have now procured. Its tenor is as follows:-
model establishment.
:
THE Japan Maillearns that the Great Northern Telegraph Company's steamer Store Nordiske, now engaged in laying the submarine cable be tween Japan and Korea, has successfully com. pleted the section Yobuko' (Kiushu), and the Island of Iki. The progress of the work has been much interfered with by a continuance of very bad weather.
and published in the form of a peagraph
ment Offices Surely, It is to the public Interest to give
Macneila Price) or persons to keep them as secret ne circumnatan.com
Price) under whom suspices the works are to be carried out. We
the Surveyor-General's and that any
the said John alscuede Price was rulley of corruption so malversion its his maid ofßon of Surveyor-General und was coRN moly Ballaved and reported amongst als es subordinate of being so guilty)
To the great candal, infamy, ridicule and disgrace of the sald offending, and against the pesca dese
YESTERDAY moming between nine and tell o'clock a seaman of the French frigate Victorieuse fell from the rigging to the main deck. The un- fortunate mau did not fall from a great height and alighted on his legs. However, he fell back after landing on the deck, his head striking a piece of iron, which broke his neck, causing in-John 3ameila Price, to the eril example of all others in like a kong and elsewhere where the paper might stantaneous death. The body was buried this moming, The men-of-war in harbour, as well as the two Messageries Co.'s steamers, holsted their ensigns at half-mast as the funeral party left the Victorieuse.
The defendant had pleaded not guilty at the Just sessions.
Mr. Francis, in opening the case for the pro- secution, said that from the information just read by the Registrar the jury would know the offence with which the defendant was charged H answer to the charge was a simple plea of "Not guilty. By that plea defendant denied the publication, or the rendered it Cecessary proof of publication should be put in
the
facts and writi
overnment can speak their super
Flous abou
libell
Swate