390
SANIJARY BOARD
FORTNIGHTLY-ME MITROFEN,
Last Tuesday afternoon, the fortnightly meet ing of the Sanliary Board took place.
BÊN "THE VACCINE STOOK. ↑
Mr. Lan Chu Pak pursuant to notice asked the following questions: she w
****f. Is there a good stack of trash vaccine in
hand
THE HONGKONG TELEGRAPH.
CORRESPONDENCEN
» Avosturily, andoren the opinións, expressed
· Córeus poblatz in km, Chih maluma.);
THE ALLEGED DISTURBANCES IN PORTUGAL
TO THE EDITOR OF THE Howoong Tamo DRARGIR,- requested bybis Excellancy
Becline to divalss
A Didaron procare, is his.
how we got le Han
Mr. Bassell called at the Mercury-office and Mr. Naish told me that he was the person who knew about this and he would be the per son to subpoana Thane are fects which are in hare His Honour-Ware, the facts which published bare given to you? 1
You
FRIDAY NOVEMBER (29 #rooz
MT:Bani--Hr, Nelsh, did you on Wilde and day that you published this story of MI
meall publish statement showin there was something to that effect Pillow was not special confiable
At the request of his Honeer
kis knowledge an í he should festify, I don't think there was any statement, mado, walk if you regard such a
the Governor 'of Macao to ask you to kindly. then?interview ine person yourself the notes admit that they wars' understond i ëánvěrsation took place when the communica, that wou`testified the other?
state that he has received a cablegram froni the Minister at Lither authorizing him to say
B. If not, hava steps been taken to ensure that the recent telegrams published in the flocks that you' would keep anything secret'in {Y!The facts, word 83.
good supply at an early date ?
G. Complaints having been received that the vaccine now being used is ineffective, is it the old stock? ·
D. Will, in Future, a good supply of fresh vaccine be got ready.every year, at the begin ning of the vaccination season?
The President repliedi-
1.-Yes, there are over 1,200 tubes of vaccine lymph in hand:
Zi
3-The vaccine during the summer months became weakened' as no buffalo calves were
available. Some have been recently obtained
so the strain has been fortified.
4.Yes, as long as I am head of the medical department.
TRANSFER OF SANITARY INSPECTORS. Correspondence relative to the transfer of four sanitary inspectors to the Police depart ment was considered. We append the corres pondence.
Sanitary Deparment,
13th September.
Sir, have the honour to inquire with re. ference to the Colonial Secretary's minutes dated 14/11/06 in No. 1580/1904 C. O. D. Tele- gram and 29/11/06 in No. 9167/1906 C. S. O. whether the six inspectors who have been ap: pointed in accordance with the ruling laid down in the above minutes should be placed on the permanent staff or retained on the tem. porary stil.
In the event of its being decided that they should remain on the temporary staff, I beg to inquire whether these men will be allowed the same privileges as to leave and pension as the police have. It is understood that if they are dismissed from this department they will go back to the Police. Please see the Colonial Secretary' minute dated 25/6/07 in No. 9367 1906 C.S.0.
for
3. Dismissed from this department misconduct would, 1 take it, also mean dismissed from the Police department, and as 'these men appear to be, satisfied with their present posts and are performing their duties satisfactorily I do not anticipate that they will
papers regarding the political condition to Portugal are without foundation.
I remain, Dear Sir
Yours faithfully,
A. G. RUMANO, AL, --¡Consul-General för Fortisgal.. Portuguese Consulate General,
Hongkong,' 27th November, 1907.
JHK SWATOW "REFORMER"
MOTION TO APPEAL
tu Ki Shing
the so-called Swalewe. former, whore fate was decided by Mri Justice Wise the other day, i is now seeking to appeal against the decision. Readers will recall that during the appeal one of the points raised on behalf of the prisoner was that he was a political offender and that being such the Court had nopower to surrender him to the Chinese La thorities. His Honour, however, found that the prisoner was implicated in an armed robbery committed on the 17th April in the Hayun vif- lage, in the Yan, Ping district-on which in- dictment be was being sought after by the Chinese Government-and decreed that he abould be surrendered.
Last Wednesday morning, at the Supreme Couri, before the Full Coust, comprising their Honours Mr. A. G. Wise (Chief Justice) and Mr. H. H. J. Gompertx (Puisne Judge), Sir
enry Berkeley, K.C., who appeared on be half of the prisoner, applied for leave to appeal against the decision of Mr. Justice Wiss. His motion did not state any grounds for the appeal. It was not usual, he stated, but he mentioned that the grounds on which he asked for the appeal ware the same as those be made before. He wanted the Court, to fix & particular day to hear the appeal, and
Mr. Justice Wise said that could not be done until the return of Sir Francis Piggott, and ad journed the application sine die.
MARRIAGE AT THE CATHEDRAL.
NOOPER-11OPE.
Miss Shelton Hooper, daughter of Mr. A Shelton Hooper, Hongkong, 1 the Hongkong
"day that you wrote Hit Honour. It appears that Dedregil did admit that he killed; a but that it was by accident The Bhooting the soldier, he says, was Calirely an acciden and after once being arrested-be deales:" baring attempted to escape. His own stor his adventure from beglaping to end, told to arrival in Shaoghal, is as follows cy representative of this paper immediately on his
Was le Me pillow) thought it was Me, understood that it was Damenit's, but did not Did Mr Pillow Fire you the potes? The Did Mr. Lemball how willlagonse that gentlemen who was with Lamanil did there notes should be published by you as hit Were you given to understand that these story cannot recollect that be mada any notes were prepared by the defendant himself? objection, but 1 cannot say whether he was
ca communication as was produced. to that effect
Well, What statements made was handed confidential dont you know with whom the
tion was
considered the notes cannot answer that question,
to contain Mr. Demenil's story chiq given to
to representative of your The notes on which this was written?-Thoy
And whose
did you consider you would be violating by
by turning them over a dir paper volublarily? Entirely voluntarils were rough notes and there had to be some
There Vas.co promite made by you at the alterations made. They contained Denisull's
stated-They
Then you were given these notes and were connexion with it? That is understood, that as the facts. a journalist I should keep it secret,
The contents were very similar? There is given to understand by Mr. Demeall that they Mr. Bassett-11 was anderstood that you no change in the facts?-No.
were his notes and a proper story of the event would publish it?-As & Journalist I'decline to Did the gentlemen give Loy reason for want: Mr. Demball did not deny it malediven
them
published ?--I don't know that they Did he show in any way that he considered them as true and proper? cannot recollect say whether it was an interview or a manuscript ing
TIMERSANDALERRA gava reason, 27 Am KB say when he handed or understand that you,
1 don't think there was anything said about it Do you
certain ay matter of a Whats
was nothing said: law, have a right to decline to answer the ques-over this documenting an
Mr.Fleming objected; but his objection was about its
confidential it an tions?--I do not know law, N
Why did you consider Do you understood that you should decline overrated and noted, to this as a newspaper. editor?--Yes T quite poderstood that. We should never get Witness--I don't recollect, in any case any ❘ then ?....I consider everything like this as conto tell what is done by members of the stentingű!!
conversation which I had I have regarded as Gidential. else if we betrayed peb.. confdeBase-The essential part of the testi-op you in your ofce and asked you about the interviews or anything else if we bet Plecu When you get into Court, it is different,
Hi
confidence.
Mr. Fleming-I submit your not read that story. If your Honour were sitting with a Jory here you would not allow them to read it.
masy has heas omitted by witness. The rotes
Mr. Neith; you remember the time I called
circumstances connected with this publication?
piece of nawa. Katze
Witness testified that I was responsible atided the other day that you Bindled fain
for it.
write it yourself? I did "'! I sak you
who did?--I don't think I am called upon
If you don't care to adtwer it we can have the members of the staff That statementi'w Ba
taken out of the body of the story.
This statement is taken by a anwspaper purter. Who took it was taken by myll flossin
Have you, since I interviewed you, seen the notes which were delivered to you that day? Whom
have never seen them since they passed to
you instruct to write fl-1 garu Do you remember which the information to one of the sta
occasion on which you have testified, and which the printersecting such. Mr. Hammbadili De of the affo
have not been produced.
His Honour-Ask him for them. Honour should
Mr. Bassett to witness-I ask you to produce the notes which were delivered to you on the facts on which
ich you published. contained the this article.
Mr. Neish-I cannot produce those notes.... His Honour-Not at any time? Mr. Neish--No. MAR Mr. Bassett-Why not?
His Honour Thank you very much for your advice, the Court will be able to dis- criminate between what is evidence and what Cr
la not evidence:
His Honour to witness-The Court does not know of any
can Tule of law under which you treat this as a privileged communication, and if the District Attorney regards this as an im- this case, the matter will portant matter bave to be brought to the British Court to determine whether or not they will enforce an answer from you. This Court bas na juris- diction over you and you are here as a matter of courtesy:
Mr. Neith-1.don't intend to divolge any thing that passed between Mr. Demenil, and
taken place. myself at any interview which might have
Mr. Neish- regard them as confidential at any time. The directors might object to the production of the notes,
Mr. Bassalt-You say you will not: you mean you cannot?
Mr. Neish mean will not and cannot.. The poles have not been specially preserved and I do not know how long it will take to find them.
Mr. Bassett-Have you made any attempt Mr. Neish-No. to find them?
* Have you given any order res notes ?—No,
its
Have you made any suggestion to anyone in the office or talked to anybody outside the office about these notes? No, except Mr. Fleming who called to see me,
What did Mt. Fleming say to you? He wanted the notes too.
Did you tell him what was in this You said that "Dameall alleges that he is lanocent and he is confident, of the totally charge against him being dismissed when'all the circumstances are brought to light, The an accident" Did Mr. Uemenil tell you that? shooting of the soldier, be says, war
Is it not a isci that while I was in the officeIt was certainly stated in the conversation. you were requested by somebody on behalf of Mr. Demenil not to permit me to see the botes or to surrender them to me? 100 va
You state that Mr. Demenil says that? Yes. What do you have to state about that?--I am not certain, but I think probably be didacti
Ms. Neish, aren't you morally, certain that for certain. he did?-I am not prepared to
Mr. Fleming- object to that on, the ground that a request of that kind is not evidence in immaterial, this case it is entirely hearsay,
preparing the manuscript for the irrelevant and improper Objection overruledell, why did you put it in? That is part of
Mr. Fleming-1-note an exception.abst Witness Now that you mentioned this Mr. Bassett If theie notes are in existence think a telephone message was communicated they are under your control?
to me.
His Honour-What was it?
Mr. Neith-1 don't know.. His Honour-These notes have not been Witness-I think that Mr. Flaming intended
to call on me.me Ndestroyed?
Mr. Bassett read the request made to the British Coust for the subpoena of Ilr. Neish. The letter asked that Mr. Neish be ordered to stated to be relative to the killing by H. ? attend and to produce in Court certain papers Damenil, which, writings were material to the interview published in the article in the Mercury. Mr. Basscit said the request was complied with by the British Court and he thought that pro- bably the subpoda to Mr. Neish contained order that the notes referred to be produced in this Court. Probably Mr. Neish would inform
was to that effect."
Mr. Neish-It told me to attend in this Court, Mr. Bassett-it made no mention about these notes?
an
go back to the Police department. It appeLand Investment and Agency Co., Ltd, and M2 the Court whether the subpman, he received
waddad last Wednesday afternoon at St. John's Cathedral. The ceremony was performed by the Rev. Mr. F. T. Johnson and Rev. Mr. G. Searle, Chaplain to the Forces. Lieut. R. &.. Lucy,
necessary, therefore, if it is desired to keep them on the temporary staff, that rules regulat-J W Hope, ofthe Royal Garrison Artillery, were ins leaves pension, and contribution to the Widow's and Orphan's Fund, should be laid down. The six officers concerned are: io- specto: Murphy, appointed in 1580/1904 C.O.D., and Inspectors Hynes, Mackay, Cooke, Willis and Sutherland, appointed in 9367/1956
C. 5.0.
4:-Inspector Coake was transferred from the Government Civil Hospital and bas applied for permission to continue his contribution to the Widow's and Orphan's Fund. This has been granted in-9367/1906 C.S.O. and he is therefore on the permanent staff as far as this Fund is concerned.
I over a wreath of orange
O. alsted as best man. The bride entered with her father, and wore a gown of ivory white satin, embroidered in pearls, and sleeves of point Isce. Brussels face and a voluminous tulle veil were caught c blossoms She carried a beautiful shower bouquet, and exhibited a pretty amethyst and pearl pendant, & present from the bridegroom!. Her bridesmaids-Miss D. Shelton Hooper and Miss K. Clarke-were attired in pale blue taffeta dresses, with sleeves of rachs Valen clonnes lace, and wore large Leghorn bais, trimmed with La France roses. Each carried bouquets of pink roses. On their wrists were gold chain bracelets, the gift of the bride groom. The bride's mother wore a dress of black and white pin spot silk with touches of pate blue, and a toque of red roses and helig. 13th, for held a houquet of red roses tied
5. The other five officers did not contribute while in the Police and have not contributed during their employment in this department, (Sgd) J. M. ATKINSON,
Hon. F. . May, C.M.O.,
Colonial Secretary.
P. C. M. O.
The Colonial Secretary' reply on the
November is as follows;-
Six With reference to your letter No. 4881/07 of September last, I am directed to acquaint you for information of the Board that the four policemen -Murphy, Hydes, Willis, and Sutherland-soconded for service in the Sanitary Department will revert to the police department as soon as the necessary arrange ments can be made,-) bave, etc.
(Sgd), FH. May,
Colonial Secretary.
Hoo, Mr. R. A. llawett miouted-The whole of this correspondence should be laid before the Board unless there is some satisfactory reason forthcoming lor withholding the earlier part of the correspondence. I do not recollect having seen the papers referred to in the opening paragraph of the President's fatter.
The Secretary, Sanitary Board.
-INFECTIOUS DISEASES DYE-LAWS. The following letter was received by the Secretary of the Board, front the Colonial Secretary, relative to the infectious diseases bye-laws:-
Hongkong, 5th November.
Sir, Heferring to your letter No. 115 of the 16th May last, I'am directed to inquire what alteration the Board propose in the bye-laws relating to infectious disease in pursuance of the third resolution passed by them on the 14th May last. I have, etc.,
(Sgd.), F. H, MAY,
Colonial Secretary. Mr. Lau Chu Pak minuted-1.suggest that ́s sub-committee be appointed to consider and report on this question..
+
The Hon. Registrar-General-The whole Board had better consider the bye-laws in Commitise in the first place.
"EWO'S" EAST POINT MANSION, “
with heliotrope ribben.
At the conclusion of the ceremony a large reception was held at "Kingsclere," where about 300 guests were entertained, among them being Sir Frederick and Lady Lugard. The health of the happy couple was then drunk. Mr. and Mrs. Hops left for Foochow to apend their honeymoon. The bride's going. away dress was a cream coat and skirt, trim med with silk braid, and she wore a goblin blue bat.. SHANGHAI EDITOR'S TROUBLE.
WHAT IS A PRIVILEGED COMMUNI
CATION:
The trial of Henry N. Demenil for the man, slaughter of a native at the village of Laku, Yunnan, on May 30, 1997, was resumed al Shanghai, before Judge L. R. Willey, of the U.S. Court for China, on 20th inst,
Mr. A. Bassett (District Attorney) prosecut- ed and Mr. W. 5. Fleming defended.
After the Court rose for the tiffin adjournment An animated discussion, in which the judge, the District Attoracy, and Messrs. Gammon and Darrah participated, could be heard in the back.
room of the Cont
Mr. Nelsh-No. (Produces subpoena). Mr. Basset-A copy of the request is attached to the subpoena, (To witness). Did you have any ai ch notes?
Witness-1 really cannot say. 1 have taken DO steps to get possession of them. They may be amongst the copy.
Mr. Bussoll- requested you to, preserve such notes.
Mr. Neish-I don't think so. His Honour to Mr. Hasselt-You had better ask Mr. Clark to come to the Court in the morning, and communicate with the British Court stating that Mr. Neish has refused to testify, and say that he is required to testify on a subject matter in this cass.
Mr. Fleming said it bad been shown that if witness had these notes ha had no authority to produce them. He said the directors might object. The notes had not been shown to be in the handwriting of the defendant or express. ly referred to by him. There was no statement expressly made by the defendant cosuecting him with these notes.
His Honour-All that has been covered by this witness himself,"
His HonourMr. Fleming do you object to this newspaper account going in?
Mr. Fleming-At present I do.
Mr. Bassett asked that this matter-be refer red to the British Court, with a request that Witness-I said I would not destroy them. Mt. Basselt must use every effort to get they would requite the witness to answer the questions be bad refused to answer, and also this evidence and these notes from Mi. Neish.
requested to order His HonourYou'd better ask him the that the British Court be questions you want to put, and have auswers him to produce the potes On the record, and then have a transcript sent you have not, testified to is with regard to the His Honour to Mr. Neisb-The only thing declined you to the British Court showing that
matter of producing these notes that are the
Mr. Bassell-You told me, Mr.
to answer the quessions,sis of this article. The Court wants you to you had a conversation with Demenil? There produce evidence of the authenticity of the was a conversation. Not specially with the statements published and that you decline to
Mr. Neish-Certainly. defendant. There were others present and it was a general talk.
Did you talk to the defendant about the episode which is referred to in the intervis
don't know.
Did defendant deliver into your possession the article referred to? any writings which gave you the material for
Mr. Fleming-object.
Bit Honour-The objection is overruled: . Mr. Fleming-I beg to note an exception.
Mr. Bassett Did he deliver into your posses sion any writing which gave you the material from which you got the information for the article lo-question?—I saw it in the possession of another gentleman.
The notes were given to you?—Yes, ?: Were they given to you in the presence of the accused?-1 decline to say.
Did you read over these notes in the presence of the accused-l-did sot,
de
Mr. Fleming asked for and was granted per mission to confer with witness.
Mr., Bassou asked for an order requesting the British Cours to instruct this witness to answer the questions.
Mr. Fleming submitted that it had not been shown that these notes were in the handwriting of the accused. He also contended that the facts necessary for this order had not been shown.
Mr. Bassett-Did that message lot!" you not to let me see the notes or have anything to do. with them until Mr. Fleming came?-1. think it merely said that he wanted to see me in reference to the noION.
Well, why did you inform me that they objected to you giving them over?Who?
Mr. Demeniti Attorney cannot recollect what I said to him at that time, but I don't know that I said that, I am not sure that I did.
Now, did you read these notes ? Yes. Did you read them in presence of the accused and Mr. Pillow --Na.
After the type was set up was a copy or a proof sent to the accused --No, not that I am aware of any way.
The conversation was about the treatment Mr. Demenil had received. Dementi com plained that he had been badly treated by the Chinese and others. Witness did not recollect that he said he had killed e Tibetan,
Why is it, Mr. Nelsh, you can recollect everything which is favourable to the accused' when you can recollect nothing which-in un- favourable......
"
Mr. Fleming-I object to that question as impertinent. Objection over-ruled..
Witness- don't think he said to me that he had killed a man. I feel certain he didn't. By His Honour-I think he did not say say thing about its
By Mr. Bassett-There was no necessity for Demenil to mention, that he had killed a mo; witness had his story, which he underseed to be the whole story
Who told you it was the whole story? think Mr. Pillow.
Don't you know-I think Mr. Pillow, Well, do you know that Mr. Pillow told you?-I don't know.js'
Do you know that accused didn't tell you ? No.
Do you know that the accused did tell yu-No..
Mr. Bassett-That in all
His Honour-He has led the Court to believe
His Honour then took up the examination, that he is responsible for the article. The
Witness said that at the last, hearing at first Court has no knowledge of any law which permits communications between journalists he declined to answer, questions, but sub. I and any individual to be treated as privileged.sequently he did answer them. The British A short communication will be sent to Sir Court had given him instractions to testify and Havilland de Bausmores as early as possible, answer questions that were put to him and not At His Honour's request, witness: then told possible," and stating that Mr, Neish has, asking him to take the matter up as early as to obstruct the administration of justice. that he has refused to answer the questions of taken to the Merrery office, counsel and also the questions of the Court.
Mr. Fleming asked that a copy of the order be served upon him. He reserved an ex- Instructions to the clerk to issue the order, ception to the order, He objected to the
The case was adjourned until 2 pm The objection was over-ruled. next day,N.U. D. Now,
This is the original statement in which you state that he has made statements to the repre sentative of the paper and you testlärd (list you were the representative to whom the sialomests wers made. Now you say that Demenil stated that the killing was an accident Now!
if that was true? Have youstated this truth? you
the body
WitnessDoes not that Pro
of the notes ?
His Hocpofugl Pptars in the prepára- Wilness--And in the notes too. tory note. S
You state that he alleges that it was untirely an accident; that he is totally innocent and that he believes and is confident that the charge against him would be dismissed when all the circumstances are brought to light 7-Yes
Did he say that to you lopetion? That was perhaps written in, I think. I think that was nevar said.
You just made that up? Yes, it is pot for the nature of so interview.dogulma atspar And you think probably he never said that? Probably.
Bil
Honour-That will do, do h Mr. Fleming-Shall I put la' my objections" now?
His Honour-You can aik to have? iha testimony stricken out.
Mr. Fleming move to have all the answers that have been given by the witness wtricktai out and the questions of the Court on the ground that such questions are improper and are irrelevant and immaterial matter.--Objec tion vetraled,
Mr. BassetI would like to bave everything that Mr. Neish ham said and everything Clisk has said.stricken out.”
Mr. Fleming said, he agreed" with": "Mr. Basict!', motion,
His Honour-I would like to cross-examins. this witness farther.
zen da waja Winess did not remember whether he wrote anything about Mr. Pillow not being a US Marshall
His Honcer then ordered the witness 10 ga over again the story of accused's "visit to the: Mercury office. Witness repeated it in detail, nothing now being alicited; ather than that he was understood to say that he himself dictated the introduction to the interview to Mr. Ham mond.
Mr. Bassett-I would not ask for the con- viction of any one on the testimony of this witness.
Mr Flaming, to witness-When I called on you the same day as Mr. Bassett did you also refuse me the moles? Yes.
Mr, Bassell That is the can for the prose cution.
Mr. Fleming moved that the prisoner; be
Who was the gentleman who gave you the attended here in response to tha'subpoena, but in detait what transpired when the notes waAischarged on the following grounds 496 2
notes? I really cannot remember his name naw.
Was it Mr. Pillow?--It might bayo been. " Was it the gentleman in whose custody Mr. Demenil was at that time?—I did not ask him. whether he had Mr. Demenil ia custody,
How did you determine that the notes which were delivered to you were authentic or not?- I did not care whether they were authentic or
When the case was resumed at 2.30, Mr. Bassett called Mr. R. D. Neish of the Shang.not. kat Mercury, When the Clerk was about to swear Mr. Neish, the latter said he regarded what passed between defendant and himself an confidential.
Dr. Binckley-This witness is bore sub peas from the British Court.
You published the notes then which wars given to you by this man without your Gading. out whether they were authentic or not? Yes. You published. them without taking the trouble or any steps to ascertain whether the facts contained in them were true?—Ne,
in whicse handwriting were the notes?I did shall have to get the notes,
not see.
His Bonour told the Clerk to swear witness, In reply to Mr. Bassett, witness said his nama was Robert Davidson Neish. He was a journalist and editor of the Shanghai Mer your Honeer.
"
1 think," witness said, when I strived there at z o'clock there were two gentlemen waiting for me. One' was introduced to me as Mr. told me he was Mr. Pillow, said that he want- Demenil. The other gentleman, I suppose he ed to say that he was not a special constable and that Mr. Damobil was not in custody; that he came entirely voluntarily to Shanghai
1st. That it does not appear from the evid eace in this case that the defendant has coni- and, That the corpus delicti han not been mitted the crime of manslaughter, erken establlubed,
3rd, That the corpus delicti has not been estab. isbed by evidence, extrinsic of Admissions
4th, That the allegation in the informarán that the name of the person alleged to hara been killed was unknown to the District Attor may has not been proven,
5th. That the evidence affirmative)". that the name of the person' alleged to han been killed could have been ascertained by the exercise of reasonable exertion on the part of, the District Attorney.
6th That the information, if it states a crì, minal offence, at all; alleges: a voluntary/mac- slaughter, and the evidence if it rare homicids at all, affirmatively proves an asy without criminal intent or criminal negligence. And without waiving the benen, of any or
fed
cury; "He saw Demenil one Saturday after-To witness-What conversation did you have apon in his office, Witness had a conversation will the defendant that time? Cannot re-when he appeared in the Court on Wednesday gabled, It was all part of the same monthly hominide, the result office The following letter was received from with Demenil. The conversation was concollect; there was no conversation on the point Messrs. Palmer and Turner asking for permis-fidential Witness declined to say what way at all sion to erect a urinal al 'No, 1 House East the subject of the conversation. Point Hill:-.
Hongkong, 4th November. Dear Sir,-We beg to apply to the Board for permission to erect one urinal in the lavatory
Mr. Bassett. On October 26 a certain article appeared in the Mercury entitled "West China Adventure. Charge of Manslaughter against an American Explorer. An Intervios
Prisoner's Own Statement-Witness- m* that article.
Did
adjoining the billiard room of the above named bedre la occupation of the head of the firm of
you have any conversation with Mr Mean. Jardino, Matheson and Co. The urinal will be flashed with water from the Demenit respecting the contents of said Government male through an automatic flush-anticle?I decline, to state anything about ing cistern. A plan showing, the position of this, It is a privileged communication...
Mr. Fleming said this should be taken as a the urinal and the drainage has already beani
privileged con
communication, submitted to your department-Yours, elc
PALMER & TURNER. The Secretary, Sanitary Board, ・ May The Sanitary Sarveyor on the fath instant Inspected the place and reperied as underprivileged, if it is published.,
The quantity of water required for fushing: purposes will be 19x gallons per day. A'storage
1
Cistern of capacity equal to a three days supply Abould be provided to allow for possible short supply or defective fittings." A. one-gallon Anship cistern would be sufficient for this gripal, and if this word fixed only, half the amount of water would be required, th
is Honaut-Do you know any rule under which this is a privileged communication?..
Mr. Fleming-I don't know any rule.", Mr. BassettThe communication cannot be Mr. Fleming-You have not proved that.
Mr. Bassett--I can prove it great, that this case be postppped until this taatter can, be brought to the attention of the British Court.
His Honour-if the statements are not privileged I want the testimony, fou
His Honour to witness-Mr. Naish, you are connected, with the Mercury by whom, this article was published?—Yes...
For what purpose did he come to your Mr. Fleming I object on the ground that it is a leading question.. tion noted was overruled and an excep.
Witness Mr, Demenil knows himself. Me. Bassett What business did be, bare in your office? I don't know that he had any business at all, in
You mean to say that he came to your office and made no statement while he was there?—I don't think he made any statement; He said very little at the time.
Witness did not know who handed the notes The Shanghat Timer, of agrd lust, says to him, but glancad through them and he in the diary There was not an emply seat in the American thought he might possibly be able to recognise Court yesterday morning when the trial of Hythe handwriting. The writing TM i Demenil, who is charged with manslaughter of (produced) was something similar to the write Tibetan at Laku, Yoonan, on the 30th May ng of the notes. Witness understood the story It, again came on for bearing. The sub was written by Demenil, but Demenil said very poenaing of Mr. R. D. Neish, beilor of the little at the time; what he did talk about was Shanghat Bercury, to give evidence as to the his treatment by the Americas Consul at Authenticity of the article, MA West Chies Chungking. Witness gathered that he did not Adventure, that appeared in the Mercury on wish all the notes published, only the part re the 16th ult. and the refusal of this itness ferring to his treatment," All the notes were by script, a complete story of the episode. Mr. the Court, and his being ordered subsequently Pillow came back to the office to get a correc to Roswer several of the questions put by the British Supreme Court to take the stand. tion made to the effect that he was hot acting of the foregoing grounds of, this monjos, the again at the American Court and fenify fally as special coastable defendant assigns the following in and without reserve, had created extraordinary Mr. Bassett Can you state, Mr. Neish, that thereto, as we
wasted you to publish that part the defendant committed the crim but dull from the Hart, he said
** 8th. That the evidenta does interest in the trial which has been anything these motes, were given to you and they only 7th. That the evidence does The first witness called was [ohn Dant Clack, Mr. Fleming1 abject to that, "they" is too manslaughter, ay editor-in-chief, and Managing Director of the Indefinite, Who told him)-Objection sus- Shanghai Mercury Co. Ltd., who gave evidence tained.mlipuara dan iku sprove that the defendant camille off to the same effect as that, given by him in the Mr. Bassett Were you given to understand culpable or criminal negligence. Brits Supreme Court on Thursday that baby either of the parties when these soles were Mr. Fleming asked that the case. had made inquiries as to the copy of the given to you that you could publish that part ed until do pay, an ho; WAI
motion which would article describing, Domen's adventures, and of the story which related to bad treatment, but severe cold. He honestly belie found that it had been removed from the other the other part they didn't want you to publish were points in the
there was no intention to bare the whole story honest conviction that, this trial could
farther be would not make sha "copy, and that he had come to the concisHis Honour. He has testified to that that clauire to this cap and if he did not have
·Homour said the Court, would have that part about the bad treatment.
why he came inld your släpel, «sion it Bad been stoisu, as he has worked penblished, but they wars specially anxious 19% Bob wula ahe motion. The Court was)
Was it stated in his presence by any person
no one ta remove the copy. Mr. Fleming.obfected, but the objection was
Mr. Neish was then examined by Mr. Bassett, overruled and noted......
His Honour-Did you write the ant part of: R. D. Naish, sworn, said that in his avidence this,, Mr.,
the Mercury and that, he had handled the reused it, weighed don't know). 81. say, "co Wednesday he stated that he was editor of purpose of having the whole documentprinted? that Mr. Fleming, glent per cent
"The first part is supposed to be written by a article parponing to be an interview with B, representative or your paper?
M. Demenil respecting his experiences ja Mr Pillows and of office about in entered foto the esperal conversation that
took place; but not to inferent net Why did they said to pa tatiz: purpose I appeadog in your office-As far as 1 sccollect Me Pillow wanted correct statement made in
Ary and other papefs that
Dacial constable
Are you editor-in-chief?--I am not editor: 2- Lar chief, Mr. Clark in
Are you big associate?--Yes,
Mr. Shelton Hooper minuted-Grand J, Mr. E. A.- Howati-It is, a bad pre- cadent to allow water for dushing purposes to be drawn from the Government malu, and if granted in this case cannot well, be refused in others, This is yet, Kanther case of urinal, belag erected without permission, although that purpets to be an architects are well aware such permission is Yasa {mocqssary. The law should be amended so sa Do you know whether or not
his own story of his beginning to and fold to # this papar immediately on Shangha), (s an follow)im
Then compethe story of thei You rerited thus, "fiat"
Mja Hompar
Did this sticle Appear while, you were can then confineed, nocted withthe paper),
10% allows of heavy And belar Timposed (för review). These
These are Journalists, secrets. continual beaches of the Ordinance
{{% Who'wisthe:
It was rough note
By whom werd the%
from Westam Chartwant, to the Jmation, Mr. Flemlag. you may object them, you Mr. Flaming-lythink your.
His Honque. And they came there for the Mr. Fleming weain objected that ERES The Judge The witneys is hard to testify, If at the end of the whole course of the azami may save your objectionu till the and... All this testimony will go into the Court record And will be considered by the Cour and you are tossuming time by these objections, The Court will allow you to introduce such objec Lions afterwards that will safeguard the rights.
Mr. Fleming Under the rules of procedure I am entitled to protect my client by making Judge the course of the evidenge.
ty His Honour said there were no rules"in this.
Stauderstanding
The question was whether he was and that was A master to be deteri bearing all the evidence in the es something he did not intend to scheption of lenocence surrounding VEND under the rule of law
His Hatour van Gomt have you lastruct it on He may bave killed, cart of the crime che