Intimations,
DAKIN BROS. OF CHINA, LIMIT E D.'
AKIN'S EXTRACT OF GLYCERINE D and CUCUMBER.
Renders the skin soft, supple and Smooth,
Invalu ble in the NURSERY, indispensable
In the TOILET.
Removes and provente ROUGHNESS, RFDNESS, and CHAPPING.
men
THE HONGKONG TELEGRAPH, SATURDAY, OCTOBER 19 1889.
for the Triennial Examinations a graduate who was unable to pull a one hundred “Lih” bow. The graduate has been prohibited from attending in the future three Triennial examina-
tions.
The New York Herald proposes to hang in court-rooms the sign: "Don't shoot the Judge He is doing the best he can."
We understand that the White Star liner Arabie, Capt. Smith, which has been running between here and San Francisco for the past eighteen months under the flag of the Occidental and Oriental Co., will leave for England from this port shortly after her return from her present voyage to California.
The abova telegram requires explanation. It appears that at the military examinations for the second degree (Ken) last year at Canton, Chang Chib-tung in his capacity also Acting Futal of Kuangtung presided over the military examinations and passed one of the graduates as Kaiyuen or "Primus" and
EDISON, the Yankee laventor, la said have another as the Lan-pang or "closer-up" of the
been much struck by the lotiness of Parison life. Its agreeable property of softening and clear class. These two men, occupying the first and last One sees nothing but elaborate loafing," ing the skin will be noticed after three or four places, are the most important amongst the whole days use, and by his continued application the number of this class of graduates. To be a Kai- he remarked. "When do they all work? The complexion will be preserved indefinitely, retain-yuen ot First Man, a graduate must be able to garnitude of the conception is only in the ing to the last the fine texture of youth, Gentle draw a bow of at least one hundred and twenty of the conception and the nerve in executing; the rest is only bridge, building. will find its application useful and soothing th. (strength) one is being equal to the state We will do too per cent better than the Eiffel." after shaving.
required to pull or lift one calty-weight. From the Price, Cents 40 and 75 per Bottle.
telegram above it appears that the "Primus" THUS & San Francisco contemporary:-"Cholera Saunder's Etui Mysterieux, or box of Toilet could not draw a hundred dik bow, or twenty fik has arrived, at Quebec from Singapore. San below the actual standard required to pass him Francisco is nearer than Quebec to Singapore, A compact and convenient arrangement of at the Triennial Examinations (Chin-ss) last and has pretty close connection via Hongkong month at Peking, and so as his presiding and Yokohama. The quarantine officials should Toilet necessities. Price, $1.50.
examiner "Sponsor" Chang Chih-tung bas be on the alert; but it is a remarkable fact that been adjudged to be lax in his supervision, cholera has never been brought to this port the Throne has decided to fine him one year's across the Pacific Ocean, notwithstanding fre salary, or ten thousand taels. The graduate who quent outbreaks of the plague in China anđ "went back" on his Sponsor is "forbidden to
Japan," attend three Triennial Examinations, which means that he is barred for nine years from a chance of getting the third (Chin-gal) orDoctor's degree.
Secrets.
DAKIN BROS. OF CHINA, LIMITED, ··
CHEMIST 5,
HONGKONG.
(Telephone No. 60.) Hongkong, 12th October, 1889.
f13
A. S. WATSON & CO., LD.
ESTABLISHED A.D. 1841. MANUFACTURERS OF AERATED WATERS.
OUR AERATED WATER MANUFACTORY | is replete with the best Machinery, embodying
all the latest improvements in the trade. The greatest attention has been paid to appil- ances for ensuring purity in the Water supply, to secure which we have added a Condenser cap able of supplying us with 3,000 gallons of distilled water a day, and are now in a position to compete in quality with the best English Makers. Our Sweet Waters cannot be surpassed anywhere.
The purest ingredients only are used, and the utmost care and cleanliness are exercised in the manufacture throughout.
FOR COAST PORTS, Waters are packed and placed on board ship at Hongkong prices, and the full amount allowed for Packages and Empties when received in good order.,
Counterfoil Order Books supplied on applica.
tion.
COAST PORT ORDERS. whenever practicable, are despatched by first steamer leaving after receipt of order.
Our Registered Telegraphic Address is, "DISPENSARY. HONGKONG," And all signed messages addressed thus will receive promet attention.. The following is a List of Waters always
kept rendy in Stock:
PURE AERATED WATER,
SODA WATER
LEMONADE
POTASH WATER
SELTZER WATER
SARSAPARILLA WATER
LITHIA WATER
TONIC WATER
GINGER ALE
GINGERÅDE,
No Credit given for bottles that are dirty, greasy, or that appear to has been used for any other purpose than that of Containing Aerated Water, as such bottles are never used again by us.
WATSON'S
PURE FRUIT CORDIALS.
Raspberry Strawberry Damson
Black Currant Red Currant Orleans Plum
LOCAL AND GENERAL.
THE Criminal Sessions are adjourned till day morning, the 21st inst., at ten o'clock. rape case being the next on the list.
FIVE men were captured by Inspector Bremner off Yau ma-ti last night who had on board their junk an Immense-well, for the askeofuniformity we will call it a duck gun-which we should advise Dr. Doberck to hire as a typhoon signal gua; four loaded guos, a sabre, and a carbine, with about a couple of hundred bullets and a Moa-revolver in an ammunition box The charge was The being in possession of a lot of fire arms without a license. As the boat was not supposed to be a piratical craft, but a regular coal boat plying between this colony and Canton, the presiding Magistrate, Mr. E. Robinson, fined the capt in half a dollar for each weapon, and an Injunction to get the necessary papers. The artament was confiscated.
ON Tuesday last the subscribers for the purchase of the gunboat Filipinas were to meet in Manila to decide about going on with the action brought by the Dock Company in the Court here. THE Rawang Company's mining rights, build. ings, machinery and plant, are announced to be sold by suction at Kuala Lumpor on the 28th inst. Another first-class fizzle "gane bung."
A CONTEMPORARY remarks that if it be true that Germany is seeking an alliance with Portugal, the reason may be looked for in the eagerness of the former Power to extend its influence in
Africa..
A REGULAR Convocation of Cathay Chapter, No. 1165, will be held in Freemasons' Hall, Zetland Street, on Friday, the 25th instant, at 8.30 for 9 pm. precisely. Visiting companions are cordially invited.
THE Presbyterian Banner calls attention to the fact that of the 474 ministern who left the Established, Church of Scotland at the disruption in 1843, sixty-five are still living, among whom is the venerable ́ex-President of Princeton College, the Rev. James McCosh, D.D. LL.D. A JAPANESE paper states that Mr. Ueno Yos. himitsu, a roliceman residing at Asakusa, has been permitted to accept and wear a silver medal
conferred on him by Queen Victoria for having assisted in the defence of the British Legation |(Tezenji Templë) against an attack by ronins in
1861.
THE Singapore Free Fress of the 9th lust, says;
The steamship Knight Companion, from Cardiff, with 5,500 tons coal on board for the Harned Co.. has just arrived alongside the Borneo wharf after a quick passage of 31 days from Cardiff. She is a fine steamer of 420 feet in length.
OLD Lover-I know I am old enough to be your grandfather, but, my darling, I have an immense Prepared from the juice of the finest selected fortune to bestow upon you. Young Heart-1
Fresh Ripe Fruit,
besitate to answer. Old Lover-Do not keep me in suspense, I have heart disease and under excitement I am likely to die at any moment. Young Heart-Then I will be yours.
OSCAR BRANDT at the Police Court this morning, quoting Regina v. Lebouchere as a ground for a police magistrate not committing the author of a prima facie libel, publication of which had been proved, to take his trial at the Criminal Sessions, was a sight which even our famous office goat would have thoroughly enjoyed.. It was so idiotic.
Pine Apple Morella Cherry Lime Fruit, &c A tablespoonful (more or less according to taste) added to a tumbler of plain or nerated water forms a delicious beverage: The addition of Wines or Spirita produce excellent and piquant results. Price, 75 Cents per Bottle, or $7.50 per doren Case Assorted.
RASPBERRY SYRUP
STRAWBERRY SYRUP
RASPBERRY VINEGAR
T
Price,
$1 per
Bottle For imparting a delicious flavour to AERATED WATERS, SUMMER DRINKS, &‰, &c. Sole Agents for Hongkeng and China for MONTSERRAT LIME FRUIT JUICE CORDIALS.
A. S. WATSON & CO., LTD., Hongkong, China, and Manila
We have received a telegram from Kobe from Mr. Woodycar, of Woodyear's Circus, latimating that he intends shortly visiting Hongkong. As the Chinese Amusements Syndicate bave secured the ground Bowrington formerly accupied by both Chiarini and Woodyear, it is on yet uncertain where the location of the Circus will be. We shall give full particulars later on. THE Pacific Mail Company's new steamship China, which is claimed to be the finest vessel [s that has yet visited the Far East, is expected to arrive at this part in the beginning of November, under the command of "Capt. Sesbury. Mr. Minton, the popular purser of the City of Peking, arrived here yesterday from San Francisco in the City of Rio de Janeiro with his staff to join the new vessel on her arrival here.
The Jonghong Gelegraph
HONGKONG, SATURDAY, OCTOBER 19, 1889,
TELEGRAM.S
GERMANY.
LONDON, October 7th. The report that a special credit for bronze cannon is about to be asked of the Reichstag, is contradicted; at any rate the amount is said to be greatly overstated.
THE RESULT OF THE FRENCH
ELECTIONS. ́.
PARIS, October 8th.
236 Moderate Republican's,
126 Radical Republicans,
100 Royalists,
38, Bonapartists,
47 Boulangists.
SEVERE GALE IN ENGLAND,
LONDON, Ociober 9th.
A gale of terrific and unexampled violence is raging in the Irish Channel. Many vessels have been wrecked and the Holyhead Mailboats have been unable to cross.
GERMANY.
October 10th.
THE boat-race between officers of the grst Regi: ment and officers of H.M.S. Muring took place yesterday afternoon, causing much interest amongst the spectators. The Affing boat led for the first quarter of a mile and then was slowly and, surely gained upon by the Highland oarsmen, until at lest at the winning post as much as three or four boat lengths werd put between the "kilties" and their nautical adversaries.
OWING to the engagement of the Theatre Royal, City Hall, for twelve nights by a Parsen Comedy Company, Mr. and Mrs. J. E. Taylor, of the "Razzle Dazzle" Company, have decided to go on to India without performing in this colony, The play-goers of Hongkong have lost a treat, We should liked to have seen "old" Taylor with the gloves on against some of the "cracks” at the Argyll and Sutherland Highlanders Assault at Arms.
| A FRENCH physician, Dr. Briand, has favented a new cure for consumption which is remarkable the action of the air, Dr. Briand first opens the in its way. Slowly accustoming the patient to window, then moves the bed on which the subject" is lying every day a little nearer to it. The last stage of the care consists in sleeplug in the open air regardless of wind, rain or snow. It is said that the four patients who submitted to the kill-or-cure treatment last winter have gone home to their families rejoicing, every consump tive symptom having disappeared.
|
LEPROSY, says the New York Sun, sow exists in almost every part of the world. Its ravages are particularly violent in the Sandwich Islands, in Japan and China, in India, Palestine, Brazil. Norway and Sweden. There is no civilized region of the globe where isolated cases may not be found. In 1870 there were said to be 120,000 cases of leprosy in India, and under native rule there, up to 1815, lepers were buried alive. In the Sandwich Islands there are now ever two thousand cases of leprosy known and many mare suspected. The spread of the disease threatens the extinction of the entire Hawaiian face, In each country where it exists the history of its spread is the same. The history of the Acadian lepers is a perfect illustration. Starting from a single-case, brought-to-the-land-in-same- chance way, the presence of the disease is unnoticed antil its virus is fairly in the veins of a generation. The segregation and imprison. ment of lepers is then ordered, but it seems almost impasible to stay the slow creeping of the disease among the people.
IN concluding an editorial on the proposed the following observations, which are full of Chinese Railways the San Francisco Callmakes wisdom What share, if any, foreigners are to have in railroad construction in China we have asyelen information. If they have none it will not be for want of effort. When the French made peace with China In 1884, one article of the treaty of peace provided that whenever China decided to build railroads they should be built by French engineers. The French relied so fully on this obviously futile stipulation that a corps of French railroad engineers went to Tientsin, camped in the shadow of the Viceroy's palace, and have been there ever since, drawing the most beautifal maps in the world. Not to be outdone, the German Minister to Peking, Baron von Brandt, obtained from the Imperial Government a similar monopoly for German railroad engineers ; and they likewise have camped at Tientsin in strong force, with models of German locomotives in their windows. Nor have Americans been idle. General. Wilson and General Eleld both under took pilgrimages to Peking in quest of conces- sions; one of them so far succeeded that he got permission from the Tsung Li Yamen to survey à railroad line from Tientsin to Taku, at bis own expense; he rode over the country in winter, and finding the climate as cool as his reception, he returned home. We need not read the sad fortunes of the late lamented Mitkiewier, who found that it was one thing to distribute Chinese curios among his friends in this city, and quite another to get concessions in China. A few months ago a short line connecting the city of Tientsin with the coal mines near by wa actually built, mainly with foreign capital. The Chinese set the foreigners hidding against each other, and actually got the line for less than it cost, There will be money, no doubt, in rail- road construction in China, especially when It becomes general. But foreigners have shown their hands too plainly for any good bargains to be secured just now ;, the average Chinaman- can see a dollar as far as any American, French- Oriental begins to make blunders, will be the man or German. By and by, when the wily time for the benevolent foreigner to step in and load up with Chinese 6 per cents.
TO-MORROW. morning between 9 and 10.30 o'clock the steam-launch carrying the Bethel flag will call alongside any vesiel hoisting code service at St. Peter's Seamen's Church, returning pennant C, to convey men ashore to tiam, About 13.30
AN Italian chemist proposes a method for a positive recognition of Asiatic cholera. He has discovered that if to any fluid containing cholera bacilli there is added from s to 10 per cent of hydrochle se acid, the fluid is changed to a violet color, which it retains for several days. The practical value of this is as a help against panics, since it gives a method of making sure whether any supposed case of Asiatic cholera is that disease, or some one of the milder forms of choleric disease natural to the climate. The Ver-fany of our Easier friends who are observes :-Any of our
are still in the dark regarding Chinese immigration questions should ponder the remark of the official interpreter of the Chinese Embassy which arrived yesterday. He says the Chinese Government does not care a particle about our Exclusion Act, and that Chinese merchants only care because they profit by the expatriation of the ignorant classes." This not only defines the attitude of the Government, but indicates the character of Chinese immigration into this country. Chinese merchants profit by it because it is a contract, and, practically, a slave immi- gration.
41
THE FRASER-SMITH V. BRANDT
LIBEL CASE.
A SCENE IN COURT.
The adjourned hearing of the criminal action for libel brought by Mr. Fraser-Smith against Oscar Brandt was resumed before Mr. Robinson at the Police Court at noon to-day. There was a considerable attendance of interested outsiders. Mr. Webber, who appeared for complainant, said that the case had been adjourned for the purpose of giving the defendant an opportunity of obtaining legal assistance in order to cross examine the complainant. His right to cross. examine the other witnesses was waived, and the Cure now kived at that point.
His Worship: -Have you any other witnesses to produc
Mr. Webber: No, my case is closed. Mr. Fraser Smith tenders himself for cross-examina-
ior.
Fraser-Smith then entered the witness
box.
His Worship-Have you any legal advice, Mr. Brandl?
advised-
Defendant- have taken advice, and I am
Mr. Webber objected-they could not listen to what he had been advised.
His Worship-You have not any legal advice at present ?
Defendant-Not-bere, but I have been
advised-
.
Mr. Webber again objęcied-such proceedings
were never allowed..
Defendant-Am I to be allowed to speak or not?
His Worship-He may make any statement be likes.
Defendant-am advised by my solicitor that there is no libel pointed out,-in fact there is no libel, and he advises me farther that I should go on with the case, taking it myself, and leaving it entirely in your Worship's hands.
His Worship-Mr. Frase-Smith is now here to be cross-examined.
Defendant-You are the proprietor and editor of the Hongkong Telegraph 1
Prosecutor-Yes, sole proprietor. Defendant:-Have you published this paper? (banding it to him),
back)-Yes, you see my naine at the end of it. Prosecutor (throwing the paper contemptuously
(To his Worship) I am here to answer any ques tions with respect to the publication of a certain alleged libel, and nothing else.
His Worship-I am sure you are forgetting yourself.
Prosecutor He hands me a paper which has nothing to do with the case.
His Worship-Mr. Fraser-Smith, you must please answer the questions; if you have any abjections Mr. Webber will make them,
Prosecutor-I will comply.
His Worship-Such conduct as that is dis- respectful to the Cou t
Prosecutor-In what way?
J
His Worship-Throwing back the paper in such a manner.
Prosecutor-If you will give it to me again 1. will hand it back.
|
Mr. Webber-That is not the defence alleged. I may say at once that there is no necessity at all for prolonging these proceedings-it has been less than two or three cases, that of 7. 7. Bowler upheld in this Court over and over again, 4s not v. Fraser-Smith for instance, that nothing can be heard bere except publication.
His Worship That is the important point. Mr. Webber-You are satisfied there has been publication
His Worship-I cannot go into the truth or falsity of the libel, but I may inquire if the publication is privileged.
|
Defendant-That leader is stprinted in the mail issue, Isn't it ?
Mr. Fraser-Smith 'I'm sure I don't know—if
is very likely. you'll point it out I'll tell you. I should think it
Defendant-There is another paragraphi the paper. Was that written by you ?
Mr. Fraser-Smith-I decline to answer. His Worship-Having admitted liability as publisher it is immaterial for your purpose to know who wrote it.
Mr. Webber-Is that before or after the date of the letter? The letter was written the 16th, so that it cannot come in. on the oth; and I think the paper is dated
Defendant-It has nothing to do with it, strictly,,!!
Mr. Webber They why do you ask it ? refers to the proceedings in this Court on Defendant-It has something to do with it, Monday last.
commit a robbery, but another man would not Mr. Webber dissented. He might go and be justified in committing another robbery bec Justified in
If Mr. Fraser-Smith :bad libelled defendant he had his remedy in the nothing to do but inquire about the publication, it civil court; it was plain that bis Worship bad and he was satisfied about that. Strictly and tech nically speaking, the defendant had only a right to cross-examine on the point of publication...
His Worship would not admit that, but agreed that he had nothing to do with the truth or falsity of the libel.
His Worship-I am only admitting the evid-- ence on the ground that it justifies publication, therefore, being subsequent, it is inadmissible. I think the objection applies to both these
papers.
Smith-what is your business?
Defendant-What do you call yourself, Mr.
puts in this article, as he has been taught by the Mr. Webber-But this is justification; if he solicitor, but having himself for a client of Mr. Webber-That has been already answered course we know the old adage-he has mis-ho is the proprietor of a paper. This is only understood what be has been instructed to say.
meant to tantalise the witness, His Worship-Will you address yourself to the argument ?
to
Mr. Webber-I will as far as I can. He wants prove justification.
His Worship: He wants to prove that this letter was justified by the previous article. You have first to prove a prima facis case. Publica tion is not a part of that. He replies to that, rebutting it.
Mr. Webber:-But it is not a question for your Worship.
His Worship: He says he was, publicly attacked and in defence publicly makes his defence.
Mr. Webber Then prima facie you say one wrong, if it is a wrong, justifies another wrong. You are taking on yourself the responsibility of deciding this was a privileged communication or
not.
His Worship-I am bound to have it clear to my mind that it is a privileged communication. How can I commit a man if I am sure not of
that 7
occasion that you were satisfied that there was Mr. Webber-But you told me on the last
publication,
His Worship-I was satisfied by Mr. Rodyk's evidence that there was publication.
Mr. Webber-Well, there is no such thing as privileged publication. The very essence of criminal libel is to prevent a breach of the peace. Because a man libela yon in a paper, can you go and assault him and say you are defending your character, and so justify, yourself?
His Worship I may be wrong-you can bave your opinion.
Mr. Webber The very gist of the law of criminal libel is to prevent a breach of the peace. If Mr. Fraser-Smith is at any time walking down the street, anyone can go and give him a har mering and say "You wrote an article about me and I am defending myself,"
His Worship-But not in a proper manner. Mr. Webber-We might have brought an action against Mr. Brandt for damages, in the Supreme Court, but we did not choose.. At the last hearing' he said that he had threatened to horsewhip the prosecutor.
His Worship-I did not hear that.
Mr. Webber-No, it was said across the table; I am glad you did not hear it. There cannot be any justification for publication, though there may be for writing,
His Worship-I may be entirely wrong, but then you have the opportunity of appealing against my decision.
the whole expense would fall on the defendant Mr. Webber-Oh, we should get costs, and in the end. You will see that we are entitled to costs, if you look at the Ordinance it is not a civil action.
His Worship That does not concern me Mr. Webber-No, but it concerns a private individual when he comes here for protection.
His Worship-I hold that if the intention is merely to shew that the publication of this letter which is now prima facie proved-is simply justified on the ground of self-defence, I am bound to receive it,
Mr. Webber-Then I am bound to say that all argument must fall if you have to adjudicate an an article which you say is libellous too, That is your position.
His Worshipdissented there might beno libel, Mr. Webber Then there can be no privileged publication.
This being done-
His Worship-Prima facie if a man His Worship repeated the question-Was the attacked he has a right to defend himself, paper published by you?
Mr. Webber-And you are going to adjudicate Prosecutor-Of course it was-I've just admit-on that article, and say that he has been attacked, that the article is libellous, and he was justified ted it.
in writing the article.
His Worship: There may have been provoca tion.
I
His Worship-It is a copy of the Hongkong Telegraph of the 9th October.
ia
Defendant-Did you write that leader? Prosecutor I decline to answer. Defendant That article marked with red, Prosecutor-I decline to answer,
Mr. Webber Unless the whole of the article marked I must object to its being put in. His Worship-You intend the whole of it to be marked, don't you, Mr. Brandt?
Defendant-Yes, (to witness)-Did you or did you not write the article?
Prosecutor decline to answer,
is a reason
His Worship: You must answer unless there
..
THE following are some further details of the fire on board the P. & O. S. N. Co.'s steamship Venetia:The steamship Venttia left Singapore with her hunkers full of Japan coal shipped in for Mauritius at daylight on the 25th August Hongkong. After clearing Banks Straits, the post after bunker was found to be on fire. Fire hoses wers got ready, and the hands worked out about 30 tons of coal, sad, to all appearances, extinguished the fire. - All went well until the | 5th September, at 7.30pm, when the starbound use in a civil suit he is bringing he has after-bunker was found to be smoking. Hoses no right to an answer. were got ready, and the coal turned out as before. Defendant-It has nothing to do with the civil Attam, on the 6th, a coal-trimmer went down suit.
Mr. Webber:-The reason is that there is no civil action in the Court, and this is a question which did not arise out of the cross-examination- In-chief. He is simply fishing for evidence to
|
Mr. Webber:-Then provocationislibel. There cannot be provocation without libel.
|
|
Defendant-I wish to get the answer from the witness, not his lawyer.
His Worship-It has been already answered. Defendant-Yes, but I want to put an addi- tional question. What do you describe yourzal! as ? ? Ma
.
As a journalist Nothing besides ?
Editor and proprietor of a paper.
Nothing besides ?
I don't gather what you mean.
Don't you make money by anything else ?
I decline to answer that impertinent question. His Worship-I don't think it has any bear- inge
Defendant Yes, it has; as a journalist ho would be privileged, but as an operatorio sbares ➡as a jobber, be would not....
Mr. Fraser-Smith-I will answer that question for your Worship's satisfaction. When he says I am an operator in shares he lies!
Defendant-I must really ask your Worship's protection.
His Worship expostulated."-
Mr. Fraser-Smith-You can take what mea- gures you please—if you won't protect me 1 will, protect myself. If he says I am an operator in shares he is impugning my honesty, and I will protect my character, and you may uphold the dignity of the Court in any way you like. I you like to commit me you are quite at liberty to do ao
irrelevant, and being put for a purpose. Mr. Fraser-Smith was asked what he was, and he said he was a journalist and newspaper pro- prictor. This question is irrelevant.
Mr. Webber-1 object to this as being.
His Worship-1 am loth to think that you wish to be disrespectful to the Court, Mr. Fraser- Smith, (Mr. Fraser-Smith-I do not) and I would ask you to apologise for the language you used.
Mr. Fraser-Smith-I respectfully decline. His Worship Then I have nothing to do but fine you ten dollars for contempt of Court.
Mr. Fraser-Smith-Against which I shall appeal to the Supreme Court. I decline to pay the $10.
His Worship-If you appeal I shall take no further action.
Mr. Fraser-Smith—I wish you would take down what I am about to say.
Mr. Webber-I do not with the fine for coa tempt of Court to appear on the depositions in this case-it will be a separate matter. The case will go to a jury, and I don't want the fine to appear on the depositions. You must make it a separate matter (if an inferior court baş power to fine) or else we shall have the appeal mixed up with it. Besides, you cannot state a case if it is left in. Would you allow me to suggest that you might deal with the matter afterwards?
His Worship said that he was eliminating it from the depositions.
Mr. Brandt (to plaintiff) What other avocations do you pursue
Mr. Fraser-Smith objected to the question as irrelevant and insolent, and outside the juris- diction of the Court,
Mr. Webber Would your Worship adjours the case until after tiffia. By that time the tempers of all the parties will be a little subdued.
His Worship will deal with the question before me, without expressing any opinion. You say it is relevant, Mr. Brandt, because Mr. Fraser-Smith may have a certain privilege as a journalist, which as an operator in shares he would not have 7.
Defendant-As an operator in shares and moter of companies.
+0243
Mr. Webber objected to the question. His Worship I think it is irrelevant, even if answered in the affirmative.
1. my going on with I must give your Worship a case in support His Worship:-1 will not go into the of my contention. He then quoted an extract question of libel at all I am called a purporting to be taken from the case Reginn v. swindler that may be provocation, whether I am Labsuchers, which' he said he had copied out one or not,
of a law-book His Worship, however, over, Tuled him, filamu aka
Defendant-How many times have you been in Jail ?
Mr. Webber-But it may not be libelloas, except under certain circumstances. You take on yourself to say that this article is libellous, and a justification.
His Worship-I have not judicially read the article yet.
|
Wombip—That is quite irrelevant ; it has no bearing whatever on the question
of publica. tion. S
Defendant - It would perhaps save a good deal of time if you would direct me if I am allowed to go into the truth of the libel
His Worship No, not before me —I have no Jurisdiction.
Mr. Webber.-You have certainly not read it judiciously.
Defendant-I should like it to be read, ra Mr. Webber asked that his objection should be noted, and his Worship did so, over-muling it | He then read the article over, and at the end
Mr. Webber desired that he would not express any opinion as to whether it was libellous: or not, as the matter had to go before a Jury, this
His Worship replied that he had not intended abstaining from doing so, as it was not the to express any opinion-he was***carefully question before him.
Mr. Webber -If you allow the question to be put you are allowing it to be inferred that you consider it übellous.
Defendant contended at some length that he could go foto the truth or falsity of the libel. ** Mr. Webber objected--he was trying to justify
letter,
His Worship decided that the defendant could
not go on.
Defendant (to plantiff)How long have you
in the Colony?
been
Nearly fourteen years, 2
So you'ard" well versed in topics connected with Hongkongkakantahan juda fo
⠀⠀* That is a matter of opinion--I don't know?
You don't know? Don't you consider yourself competent to write on public subjects? ARMANAT K His Worship That has no bearing on the
subject.
Defendant-Have you had any intercourse or business relations with me 'during the last five
Mr. Webber-Ora fair and just comment upon kim,
His Worship--I decline to say anything what." absolutely improper, but it is certainly su attack ever about 1-it may be perfectly proper" or | Yenis ?.
upon his reputation-true or antruco
Defendant-May I proceed
to see if anything had jammed the shoot; the Mr. Webber-If you read the alleged libel serang called after him to ask if all was you will see that no question was liked the Glasself with a rope's end. The Second Engineer un could not arise in cross-examination he and getting no reply, jumped down witness about the article and consequently bis then called down, and no response was made. - is simply fsblog for evidence. As be has been Another man was then lowered, but called out advised there is no libel, the plaintiff is perfectly that he could not breathe, and was hauled up at justified in refusing to answer, and should be once. Smoke then began to sise, and water was protected by the Court. Let Air. Brandt give his played down, and, shortly after, an explosion | reason for saking.
His Worship --I am doing nothing of the kind. occurred, but no one was injured. All bands Defendant I shall give your Worship The article may be the most legitimate news 10.30 am, the same day a severe explosion my writis were sent below to work the coal out. About reason. I want to hold out as the reason for paper criticism or a monstrous libel'; it is clearly
"se letter that it was possibly privi, an attack upon the man. occurred in the port after-bunker, throwing up a leged an ised by writing that article and large flame of fire, blowing the perforated shoot publishin cover feet high, and cutting a ratline on the Mr. Wi ¿-Then if he is going to plead main rigging in two. Orders were then given justification plaint is at an end as far as your to flood the bunkers. At 11 45 am, smoke Worship is concerned. was discovered on the main deck. Hoses Defendant-I do not say I plead furtification, were immediately put down, and ‹ the fire Mr. Wabber-Why, you've just said so.. showed itself before the water was turned on, Defendant says he is acting under legal advice, UNDER the heading "The Golden Age of Poesy but was soon checked. Some keresine had which is most firegular statement to make, Southern idyll the poet John L. Sullivan has part of the main deck. Although every care was is going to be his own lawyer be should are the Chicago Herald holds forth :-For his late been shipped as cargo and stowed in the afters but we will take it for what it is worth.. If he received $10,000. He has bathed his familiar taken that no case went on board with any sign legal phraseology. If he is going to plead justi hasnts. in Wine. He has grown by tums of leaking, the high sen during the voyage must fication, all your Worship has to consider is the brave, generous, loving, elequent and coma have started some tins, and oil was running amount of ball to accept, and commit the case. He has been told, he is the best along the gutterways. Had this not been closely You cannot act as his legal adviser and also man who walks the earth. It is possible watched there would have been no chance of adjudicate on the case. He is not here on trial he is. But when did William Shakespea e, John saving the ship. The course was altered to the the Judge will protect him when he all Dryden. Alexander Pope, Samuel Taylor Cole island of Rodrigues which was sighted at 3.30 that has to be dealt with here is the question of ridge, Waller Savage Lander, William Words- p.m., all hosts being ready, watered, and provie | Jumiácation./0,
HERO ACARA worth or Alfred Tennyson, to say nothing of the stoned, the vessel being driven at her best speed. Defendant-That was not the reason I alleged. loud-breathing and rip-snorting poets-when did | After consultation, the Commander decided to |*- His Worship. You say the reason you allage these singers ever put their bells up to the bar | run on to Mauritius, the ship, still on fire, with la that this letter wan privileged 150DIT Chang Chih-lung has been fixed one year's - and make the hair grow on their chests with | constant explosions of fire damp, and he arrived Mr. Webber-Privileged by what 1-in. salary for recommending as "Kal-yuen ? (Primus) | $500 bills?
there at 11 p.m, on the 7th September,;
The Budget provides 120 million marks for The strength of the Army remains unchanged,
new artillery.
ELECTION INTELLIGENCE. Gladstonians have been elected for Peter borough and for Elgin,
[The late member for Peterborough, the Hon'ble W. J. W. Fitzwilliam, a Liberal Unlonist, gained bis seat by 1,-80 votesto 1.491 cast for the Home Rule candidate in 1886. The late member for Elgin and Nairo, Mr. C. H. "Anderson, palled' 1,997 votes in the year 1885 - against 1,872 for the Unionist Liberal candidate.] (Special to Hongkong Telegraph.)
PERING, October 19th.
toxo,
By His Worship—Provocation and attacker
His Worship I think your question is cessary, Mr. Brandt. The plaintif has admitted question of authorship is really depend that he is the publisher of the paper, and the
His Worship stopped the question. It might bare been relevant (f Mr. Brandt had betu the prosecutor pot otherwise.
Defendant-Do you bear any malice or grudge against me
You have stated that you had left for Mr. Fraser-Smith-You are beneath contempt.
Macao the night of the publication of the article..
- Quite right; I dida
Defendant-I don't losist on it. Now, Mr. Fraser-Smith, are those statements in the leader true?re synon VALDISTR
Fits Mr. Webber objected. fresh published m - Mr. Fraser-Smith-I decline to answer The ATung chow left at six o
His Worship anulained lithe objection, and What prairiniz brincar milka: led the question out as irrelevant; the liability away then 2 having been admitted,
Your felt about the time the paper was
Defendant is this paper publish
you?
nướWhat has that got to do with you
His Worship/That is quite irrelevan
It. If Mall, Supplement of ther? Hongkong, need only say that is in 1 Telegraphis fav
{&Mr Fraser-Smith-Vermona 13:
daily isatio and the other is guai laste,
will be the botter;