and of the most venal description, and the defendant says that the said reports of money lending to the Government employés and con- tractors became and were matters of public natorlety, discusalon and interest, and the words complained of were a fair and dona fide com 'ment upon the several matters aforesaid and upon the plaintiff as an Overseer of Works in the Public Works Department of the Government of Hongkong and in reference thereto and were printed and published by the defendant as and for such comment and without any mal clous interest or motive whatever, the words being true in substance and in fact.
2. In addition to paragraph four of the defendant's answer the defendant further says that in or about the month of September 1888 the plaintiff did attempt to criminally outrage and he did at his residence in this Colony Indecently assault a Chinese child named As Fat of tender years, to wis about six years of age, sne further did seduce and afterwards live in concubinage and by her bad asus with an European girl she being the daughter of the plaintiff's concubine with whom the plaintiff had lived with for several years; that anch conduct, more especially in Government Servant, is gross outrage on public decency and drcorum and such Government Several is unfit to be retained in the Public service of this Colony; and the matters aforesaid were printed and published by the defendant as and for such comment on a Public Servant and without any malicious interest or motive whatever and the unid ́words are true in substance and in fact. That constituted the whole of the pleadings. Unfortunately (the learned counsel ssid) be| would have to go over them again in order to 'put before the jury as clearly as possible the questions to be discussed in the course of the case, otherwise many of the polate might be unintelligible. The first article (August rath), of which publication was admitted, was a general attack on the Public Works Department, as being thoroughly incompetent and corrupt. Defendant theresa was only following out the 'admitted line of conduct followed for many years by him as editor of the paper. But in course of that article he deliberately singled out, 'la a way that could leave no doubt to the mind of any ordinary reader, the plaintiff Minbionelt, and charged him personally with corruption and with receiving considerable sums from con- tractors sa bribes, and with_possessing much property derived corruptly. Defendant pointed out the Impossibility of a man in plaintiff's position getting such property honestly. In his defence Mr. Fraser-Smith seemed to deny that that was his meaning, and said that he simply meant to impute venality to Mlablaneti, In that he was a money-lender," In the second article he improved on that, saying that the usury alleged was towards subordinates to the P.W.D. Finally he alleged that whatever he had said could be proved, and that it was what was called "privileged," and was a fair journalistic com- ment, The second article (Sept. 20th, 1800) was a comment on the police court trial of Minhinnett for rape. The plaintiff claimed that what Mr. Frater-Smith meant to convey in that article and what the public would understand from It was that plaintữ was in fact guilty of the offence alleged. In reply to the petition defendant did not directly admit or deny this imputation, but alleged that plaintiff was at any rate guilty of certain abominable offences against morality. The plea of privilege meant that though there might be some inaccuracy in the alleged libel, it was a fair and reasonable and honest effort in the public interest. That plex if established would be quite sufficient. The plaintiff's answer was that many pecuniary transactions resulting in great animus between Fraser-Smith and Minbinnett bad, caused him to write the articles from malice and not in the pabile interest. If the article was published not as a bona fide comment for the public good but solely for the purpose of vilifying plaintiff, it was not honestly but maliciously printed, and defendant was responsible for the damages. The learned counsel then went at great length into the matters at dispute between Fraser Smith and Minhinnett, and then proceeded to lake the articles complained of, piece by piece,
and show how each statement made in the
|
|
THE HONGKONG TELEGRAPH, TUESDAY, DECEMBER 15, 1891.
the will of all parties, to dissover the Asiatic boadquarters of the C.P.R. Ca from Dadwell, Carlili & Co., and set up an establlabment fit to rank among the first of the kind in China and Japan.
self on a witness who testified against him, armed himself and started after his accuser. In the course of his search he killed a doctor and two peasants and severely injured a woman, causing her to give premature birth to a child. | He escaped,
Severe snow-storms continue in Bulgaria. At some points the snow is ten feet deep. Many persons have died from the effects of the cold, and thousands of cattle and sheep have been fost. Numerous wrecks are reported in the Black sea,
PARIS, November gik.
refused, he would naturally cherish, the same kindly feelings towards the Siamese for doing their duty as he cherishes to me for doing mins.
On the other hand, if the Slamese Goverk ment, acceded to the British. Minister's demand. to dismiss me for no offence, committed) apalaɣt either, the English or..Siamese law," Itswould incur the odium of all men.of splift pindd :thej breach of treaty so committed might have been brought, up against Siam on a future occasion. Remember the fable of the wolf and the lamb)
Now, when I addressed my letter to the British Minister, 1 fully anticipated his action,
murder mystery connected with the headless Government to save it from either of the afore- It appears that in regard to the sensational and considered it my duty to the Stamere body of a man found in a cellar in the Rue said alternatives. This could only be done by Charonne yesterday, the authorities made an resigning my position, and I have the letter of investigation, which resulted in establishing the the Acting Minister of Education, acknowledging following facts. The man was strangled before receipt of my letter of 7th Instant, in which belog beheaded. The murderers carried the
stated that circumstances compelled me to bleeding trunk to the place where it was found resign the post held under the Government of from the spot where the crime was committed, Slam The place where the murderers hid their victim's dues senply hithe attract
"write" "this" simply" in Interest of the head has not yet been discovered.
Mr. Shaughnessy, Vice President of the C.P.R. Co., paid a visit to Hongkong to inquire lato the possibilities and necessities of the affair, and with him came Mr. Holloway, who is to be head of the Eastern branch. As a result of their Investigations it is found advisable to secure a fine building in the centre of the town, which shall worthily stand as the CP.R. head offices in the East. Mr. Holloway will be able to develop with a free hand the Pacific passenger and cargo traffic, which is to be brought to the highest pitch of perfection. At present it is not possible to say anything as to the establishment of a fortnight or weekly service, the enlargement of the fleet, the opening of a new C.P.R. line to Australia or India, or any new departure in the Atlantic service. The existing arrangement for the traffic between Americs and England is that three lines-Allan, Dominion, and Beaver run twice a week, to Montreal in summer, and Halifax in winter (sometimes to Portland, Maine, owing to some little misunderstanding about the sub-tested on suspicion of being the murderer. sidy)-but the fast service, by which the recordVawcort has once been in prison for an attempt passages were made, notably the 21 daya mile to murder. He was sees to enter the house with from Japan to London, is via New York, front
a companion Sunday evening and depart alone which port the fastest Atlantic boats all sail. Monday with a linen parcel! Whether the existing Unes will combine to put on a spoedler service from Canadian Atlantle ports, or whether the C. P. R. will induce other railway companies to join la putting on such s Hne as the Emprises, is not yet known. What Mr. Shaughnessy has to do with just now Is the development of the Pacific trade, and all he can tell us is that the Canadian Pacific Co. will spare no expense to perfect the service and leave all competitors far behind.
CANTON.
(FROM A CORRESPONDENT))
A dock laborer named Vawcort has been
BERLIN, November 5th. The suspension yesterday of the firm of Hirschfeld & Wolff, bankers, caused a sensation lu financial circles, but it was nothing to the developments of to-day. It was reported at the dote the failure was unwounced that the Empreis | of Germany and Prince Henry of Prussia were able to lose a large amount by the fallere, and that Minister of Public Worship. Dr. von Gosster had lost his entire fortune and many members of the most aristocratic families were involved in the firm's troubles.
Under such circumstances a rigid investigation into the affairs of Hirschfield & Wolff was only natural. This Inquiry into the bankers' business methods commenced yesterday and resulted this morning in the arrest of Herr Wolff, head of the firm, on a charge of the most serious nature, the particulars of which have not yet been made public. This financial upheavalis the only thing being talked about fo-day in Berlin, and further and more startling developments are expected when the full facts become known. The amount, of the firm's lizbilities is not announced, but it la ́ understood that it is very high.
Canton, 14th December, 189r. A few days ago Herr Friedestbal, the great pianist, pald Canton a flying visit and performed in the house of the Commissioner of Customs, for the Upper Ten only of course. It appears the German Consul kindly undertook to circalate the coming event and unfortunately forget to specially tell his coolle that the members of the Customs Out-door staff were also allowed to attend, they paid the usual entrance fee. The coolle therefore did as he was in the habit of Hirschfeld & Wolff assisted Banker Joseph doing on similar occasions, he took the circular Leipsiger, some years ago, out of difficulty, and to the members of the aristocracy only. So that since then they operated jointly, Leipsiger accept not one of the Out-door staff people knew anying bills of accommodation. Leipsiger is the thing at all about it. Rather rough on Herr largest debtor. The realization on Wolff's aires Friedenthal, who lost about go by it, but then will therefore depend upon the solvency of that is a minor consideration.
Leipziger. The public prosecutor is proceeding against Wolff's con for spreading false news on the bourse about the Emperor William's health.
We are going to have another Chinese news. paper in Canton. The machinery is already erected on the Shameen and if I mistake not Mr. Xavier, the chancellor of the French Consulate bere,j) is the manager (nominal or otherwise?) Two of the new French Mission houses have been rented for the purpose at $85 a moath. Nothing mean about us.
NEWS BY THE AMERICAN MAIL.
The P. M. S. S. Co.'s stearner City of Rio de Fanstre, Capt. Wm. Ward, with the American mails of the 14th alto, arrived in port yesterday forenoon. We extract the following telegrams from our San Francisco exchanges :-
1
LONDON, November 4th. The_Chronicle's Paris correspondent says: The Pope prepared his religious will in October. It is written in Latia. The Pope disclaims any personal faciation as to the choice of his successor. The Pope's temporal will is being drafted by four cardinals in sectet. All the Fope's property is invented in England.
In religious not at Maxanderan, Persia, a mob set fire to the house of General Sardul Gooly. Khan, who was killed, with twenty dependents, The Sultan of Turkey has ordered hundereds of beary guns from Krapp's for the defence of
the Dardanelles.
The English Admiralty has decided to send a crew to the man-of-war Champion via Halifax, Canadian Pacific railway and Esquimalt. Hitherto it has been the custom to send crews of recommissioned ships to the Pacific by way of
the Canal.
ST. PETERSBURG, November 4th.
paper war contested and was held to be libellous, Mr. Francis read the whole police court proceed. logs from the magistrate's notes. The magis trate had found the pilsoner to be innocent, and yet the defendant wrote articles which could only be taken as assertions of his guilt. This repetition and. Aggravation of charges that had been disproved could only be the result of malice and spite. A "dispassionate review of the whole proceedings" was what a man in Mr. Fraser-Smith's position, savagely angry with Minhinnett for his civil actions against him, could not possibly be connected with. There was no shadow of justification for_this_attack, which was a gross an instance of the licence, as contrasted with the librity, of the press, as | could be put before jury. He was guilty of every fault that could vitiate the ples of privilege. It The headless body of a man, entirely nude, contained insinuations based not on public state. was found in a cellar in the Rue Charoane to ments but private information. Year by year day. greater liberty was given to public writers | but the wider this fiberty, the more necessary wasil to
A number of provincial assemblies propose to close all the saloons in the famine districts to prevent the peasants spending their rellef money in drink.
A milliary train has been wrecked at 'Ivan- gored. Three, soldiers were killed and fifteen Injured.
FARIS, November 4th.
NEW YORK, November 4th.
STOCKHOLM, November 5th. Owing to the bursting of a Krupp guo during a recent test by the military authorities, the Swedish Inspector of Ordinance has gone to Essen to discuss the affair with the Krupps. Inspect the casting of the new guns and learn the method of their manufacture. If Krupp declines to permit this the Swedish Government Intends to buy its guns elsewhere.
Fatimations.
HONGKON
TRADING COMPANY, LIMITED
DRAPERS OUTFITTERS TAILORS SILKMEN FURNISHERS.
Alana Mam
pr
1891
CHRISTMAS
1891
PRESENTS FOR ALL
to hear wrongfully condemned for having thrown over an old and tried servant at the dictallon of a man smarting under the sting of language con which I am ready at and time to justify For my own part, if I had been dismissed at such dictation, I should have fait no disgrace. But, if I had deliberately prostituted my office, I should have felt degraded Indeed, and ought to hav been grateful to shy man who pointed out to me that I should look Infialtely more lied dangling decently at the end of a cord then did in the act of prostituting my sit, pour obedient servant,”
(Bend jul (s(gmad) Bangkok, 16th Nov., 1891.
PERING.
(FROM OUR COMEESPONDENT.) /
Peking, December and. In the Peking Gonefta of yesterday Is published an Imperial Decree appointing Leutenant General Kwei Pia as Military Lieut-Governor of Jehel, in the place of Teb-tu (recalled because be failed to quell the rebellion), At the same time Teh Ming has been appointed Military Lieutenant-Governor of Caskhar, his predecessor baving probably been recalled for similar réa- sons as the one at Jchol.' The Governor of Chaichar resides at Kalgan, the Gale City of the Great Wall
"AT EXTREMELY MODERATE PRICES.
CHRISTMAS PRESENTS
AMATAN
FOR
CHILDREN.
FRENCH, GERMAN and ENGLISH TOYS. | TOOLS for BOYS.
DRESSED and UNDRESSED DOLIS.
MUSICAL INSTRUMENTS.
MAGIC LANTERNS. RUBBER BALLOONS:
TEA and DINNER SETS..
Imperial troops have surrounded the rebels to According to advices received yesterday, the the north of Jahal so that there is now less fear in of the spreading
the rebellion. Telegraphic news received yesterday report the present safety of the Roman Catholic missionaries in Mongolis.
December 3rd.
Kwel Pin, whom I mentioned yesterday as being appointed Military Governor of Jehol, was Governor of Chakhar, He is commanded to proceed to Jehol without coming to Peking for the usual audience with the Emperor. The former Governor of Jehol seems to be missing, Very likely he was murdered by the rebels, Yeh Chih-ch'ao, Brevet-General and Major-General, commanding the garrison at and around Tientsin, has been slain by the rebels, or such is the report current amongst the Chinese here and in Tientsin. It is also reported that a Foreiga Roman Catholic priest has been quartered, or sather divided Into eight pieces, something in the style of the ing chik business, by the rebels. A Mongol prince HALIFAX (N. S.), November 5th.
also lost his fe, whether by suicide or murder The steamer Ottawa has been wrecked on
is not yet known. The number of rebels is Blond rock. All were saved except. Mradifficult to strike the modium.Mercury.
estimated variously from 500 to 30,000. It laj Lindsay, the stewardess.
MADRID, November 5th. Rain has fallen in torrents in the province of Malaga, and the lower quarters of Gollla and Perchel are submerged.
ST. JOHN (N. F.), November 5th. The steamer Parses has been lost. The master, J. C. Keen, his four sons and two others are missing. The Louisa Jane has also been lost."
LONDON, November 6th, Forther advices from the island of Negropont, in the Egean sea, state that the total number of people who perished by the burning of the unknown British oil steamer was twenty,
A dispatch received to-day says the steamer burned in the vicinity of Negropont has been Identified as the British steamer Lur, bound from Batoum for Antwerp.
A dispatch from Vienna to the Timer snys that a telegram bas been received in that city from Pennell, the artist, stating that he was arrested at Beralchev, Russian Poland, and was confined for thirty-six hours. He was subse. quently released and expelled from Russia,
SERIOUS CHARGES AGAINST A
SWINGS for GIRLS.
GAMES 'ALL.
BONBONS and CRACKERS.
CHOCOLATES and PUREST CONFEC
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Fancy Ornaments and Candles for Christmas
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SCOTT's Emulsion of Pure Cod Liver Oil with Hypophosphites, for Rickets; Maraimus and WRITING CASES. all wasting disorders of children, is very remark-EVE able in its results. The rapidity with which FANCY MIRRORS. children gain flesh and strength, upon it is very tried Scott's Emulsion In cases of wasing in wonderful. Read the following :-I-have young children, and I am of opinion that it is avaluable preparation for such cases. The children take It and ask for more, and the good effects are apparent. I consider it far superior to ordinary Cod Liver Oll"-I. Marshall, MR.C.S., &c, 143, Grange Road, Bermondsey, S.E. Any Chemist can supply it. "A/S, Watson & Co. (Limited), agents in Hongkong and China. (Advt.
Co-day's Advertisements.
PUBLIC AUCTION
07
· JAPANESE CURIOS AND WORKS
OF ART,
THE Undersigned has received instructions to Sell by Public Auction, on jPA
SATURDAY, MOURIN
ART ENGRAVINGS, &0.
CHRISTMAS PRESENTS
DRESSING CASES.
FOR:
GENTLEMEN.
READING LAMPS.
DATE CASES,
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LIQUEUR STANDS.
CLOCKS.
SHAVING MIRRORS.. CIGAR CABINETS. TOBACCO BOXES. MEERSCHAUM FIPES. CIGAR and CIGARETTE HOLDERS and PHOTO FRAMES.
DRITISH MINISTER.
Slam Free Press Dr. P. Gowan, late medical Writing under date the 28th ultimo to the adviser to the King of Slam, charges Captain Henry M. Jones, V.C., H.B.M. Minister Resi dent at the Court of Bangkok, that he indoped the Slamore Government to commit a breach of (Dr. P. Gowan's) dismissal from the service of pain, sharp, at bla Sales, Rooms, Duddal Street the Anglo-Slam treaty, and thereby caused his the rgth December, 1831, commencing ata.o the King. That is a bold charge to bring distinguished representative of the Queen Express, and we shall await with interest it must be borne in mind, wheels within further details of the an affair. There are, wheels in this business, and the episode pów under notice is by no means sulgular and VASES, SATSUMA PLATES, VASES.
Inaccuracy of each separate statement; (3) London, New York and Berlin have been in the gainst any individan), much more so against / J&VERY FINE AND VALUABLE COLLECTION OF
A prominent Wallstreet house, with foreign prevent their overster ping it, Mr. Fraser-Smith's connections, is quoted as saying that if any conduct was a great a blot on the pages of tremble is to break out in Europe, this winter it Journalistic erature as any that ever existed. will be in París, which so far has not had any. Evidence would be called to show (1) the
thing approaching a crisis the past year. White the relations between Fraser-Smith and Min- throes of a stringent market and in panicky binnett. At present the learned counsel pro- conditions, Paris has been relatively calms and posed only to deal with the evidence of the serena. The late Russian loan, has undoubtedly Police Court trial, the articles published, and
been compulsorily taken by lisaing loans to a the motives; if the defendant called evidence large extent, and as the Hebrews in all Europe of any weight to prove the allegations, plaintiff are against Russian securities for various reasons, would then be entlited to call further evidence and conservative financial men are against them to rebat them. As to "damages, if the jury decided for plaintiff, 'It was for them to consider the whole course of défendant's conduct both before and after the publication, in assessing the amount,
The depositions taken in the police court case, and copies of the Telegraph of various dates, were then put u also proceedings in the sults 50 of 1899,
32 of 1890, in the Supreme Court,
Shortly after four o'clock the Court adjourned until to-morrow at 21 a.m.,
THE CANADIAN PACIFIC RAILWAY CO.
www
JAPANESE WARE AND WORKS.
OF ART, Comprising
LACQUER & INLAID PLAQUES, PANELS and CABINETS, CLOISONNE PLAQUES
CASES.
BOOKS.
UTING. CASES.
ARE
BAROMETERS.
JEWELLERY CASES,
WALL MIRRORS,
BACHELORS TEA & COFFEE SETS,
as affecting the relations between a gentleman and INCENSE BURNERS, TEA & BREAK-____ WINES, SPIRITS AND LIQUEURS. who detests "the ameil of British consular FAST SETS, OLD and MODERN POTTERY
for prudential reasons, it will be difficult for shoe-leather and the representative of his VIDE
these overloaded bankers to relleve themselves.
country in the capital of the benighted kingdom,
BERLIN, November 4th. However, that li a mater which may or may! The Bremen Senate has issued a decree per tot have tended to increase the ire of the old mitting the importation of British and American and fried servant of King Chulalongkorn, but it cattle for breeding purposes on presentation of should be stated clearly that the incident referred Veneta and satisfactory report foams to made Bangkok pretty lively long before Cap. the State Veterinarian, Cattle imported for other tain Jones sasumed charge of British Interests purposes than brooding to be isolated can month. In the Land of the White Elephant, and Gaj
What Dr. P. Gawan has caused the Stam Free Press to publish on the subject runs sa follow-
DENOG VERSKA, November 4th. The Neue Frei Frasse states that on arriving in Vienna the Duke of Orlends, was served with a citation for damages of £10,000 in the Melbau divorce case.
ROME, November 4th,
!
The international Peace Congress, oni motion
TO CORRECT MISAPPREHENSION, TO TER ZOTOR OF THE “BLAM Paan Panas".
SIR-The Bangkok, Timas" translation of a natification from the Government Gazrifs of the
services have been dispensed with by the Siamese Government, is likely to produco à false Impression on some of your 'readers.
and other; ANTIQUITIES, ANCIENT and CHOICEST BRANDS ONLY IN STOCK
MODERN, BRONZESSTVnisty/oF/BILE EMBROIDERIES, Endles and Gents' SILK 271) GOWNS and JACKETS, SILK QUILTS, RUBROIDEREDI SWORDS TUSKS & CARVINGS; ANCIENT SWORDS. and other WEAPONS, ANTIQUE HELMETS SOLE AGENTS FOR EMPIRE BREWERY SHANGHAL GLS35JUG and SUITS of ARMOUR.
A SINGLE BOTTLE SUPPLIED AT LOWEST PALASA 4.
FRICE LIST
kaply madleping by name Jedi .. a to nallassifsud & de gм A Beautiful Collection of WATER COLORS code 15 Ani by the best masters of Japan and a great assorted ment of ether USEFUL and CHARMING CHRISTMAS PRESENTS,"
2011 JAUNAY'S
*
The above will be on view, on Friday next,
TERMS OF SALE-Cash before delivery.
TH947, GEO.. P: LAMMERT, Hongkong 15th December, 1801pikzo Play More WKYwAuctioneer.
HA DEOW jeung alunn
DKOW. HE
CHRISTMAS *PRESENTS,
TTURKIRALA szerinte
be at the Victoria di
The Empress Hne of steamships run by the | of the German delegates, decided that the French 15th Inst; in which it is intimated that 2nd Catalogues will be issued prior la Bale:ɔs bas u FOR Canadian Pacific Railway Company between language should be spoken during the proceed Hongkong and Vancouver has already, evenings, though only nine months old, so greatly divo-
MADRID, November 4th loped and so quickly exceeded the estimates
On the oth instant I posted a letter to the The Government organs declare the Govern- British Minister, which contained some very formed of its prosperity," that it is now found necessary to establish a head office for Aals ex-Mr. Rand, the American Consel to the Caroline plain expressions concerning himself and ment will not consent to give an exequatur to clusively, with no bindrance of further expansion Lands, on account of his supposed connection
HB.M. Principal Secretary of State Mr. Geo. Dodwell, who had held the agency with the Methodist missionaries, whose influence for Foreign Affairs. As these statements
SPECIAL NOTICE. from the origin of the Canadian route between
were absolutely true, the Minister-Resident was over the authorities and Catholic ones that quite unable to punish me per far for this direTHE HONGKONG TELEGRAPH China and England, both under the old system of the chartered Galan linens and aner business day Loanor, November 5th. demanded of the Stamere Government, that I Hotels, noslie the Hongkong Clubstant, as
and since the new Spanish authorities and Catholic monks there.
therefore, on the same presses him too much. Hisar, Messrs. Dodwell, Advices from Negropont, an island belonging should be diamlased from the post which I have Pedders Wharf, EVERY EVENING from 5 to Carill & Co, has probably the largest shipping to Greece, lying in the Egean Sea, states that held for more than one-third of my life. connection in the East, which of course expands that an unknown British steamer laden with all year by year Mr. Doodwell's arrangement with was burned at sex. Stx persons were saved, Treaty of Friendship and Commerce between
Any person who will refer to Article 4 of the 7:30 Plocks A baditur elitiny) the Canadian Pacific Co., was apart from his but others, including the captain's wife, wese firm, and it was at one time suggested that he drowned
this act of the British Minister was an Slam and Great Britain, will of course so that devote himself, exclusively to the CP.R.Com Advices received here from Dumfrieshire, to induce the Siamese Government to commit a taking no active part in Dodwell, Carl & Co. Scotland, announce that influenza is prevalling in breach of the said, treaty. It, moreover, placed This he found he could not de, as the young that section of the country, Hasdly a person in the Siamese Goverment in a most awkward and rising firm that succeeded Adamson, Ball- Dumfriesshire is exempt from it may positions If the demand or entreaty of the man, and Co. required almost the whole of his time. A convict named Deross, recently released who is paid to see that the Siamese Governmens Consequently it was decidedy somewhat against. hom a Susulan prison, la'ordan toʻavenge. Him. I does not do what he was factiing is to day was.
PRICE LAMEL, TEN GENTS.
Advertiser are minded that the Hongkong the usual rstom:25
Coples ordered from the Office will be charged
Telegraph has by far the largest,
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