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THE HONGKONG TELEGRAPH WEDNESDAY DECEMBER 16 1908.
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THES
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SHANGHAL LIBEL ACTION.
ERNEST THOMAS BETHELL v. "NORTH CHINA DAILY NEWS AND HERALD, LIMITED,"
[Concluded from yesterday.]
Shanghai, roth Decembar,"
thereTM was htill this; demand for an ample apology and the payment of a sum of $25,000, which was an unreasonable demand, and, which clearly indicated the object of Mr. Bothull in going on with these proceedings, namely, the enforcement of the payment of a large sum by way of damagen. Why did not Before Mr. F. S. A. Bourne, acting Judge, he make some practicable saggestion In and Mestre P. W. Massey, H. W. Daldy, Creply to the lettere he received? Every M. Joyce, R. M. C. Wallace and W. B. Jack-pology had been made that was required. Fux. ther apology he did not wish;further publicity in son (Jurors),
the N. G. D. News he did not wish for. What he did wish for, and what he hoped to get was satisfaction by means of large damages. Every tigma bas been removed, and counsel could only imagine that seeing his learned friend, - Mr. Douglas, with bis pockats buiging with damages, which had been obtained.very pro palp a few months ago, encouraged" "Mr. Bethell to the idea that be might leave Shang. bai with his pockets in an equally desimble condition (Laughter.) It was obvious, be suggested, that it was money, and, that only that Mr. Fetball required to satisfy him in this matter. They suggested that Mr. Bethell had brought thu trouble upon himself. He had tent Yen 27,500 to Mr. Martain. Mr. Phillips was rict to attempt to justify the libel, to show that he appropriated foode, but what he did say was that Mr. Bethell had acted in an ex- remaly indiscreet manner. In the witness box Mr. Bethell bad treated the matter in a somewhat hesitating way, and Mr. Phillips asked the jury to come to the conclusion that he had lost the money on a personal security. The sole object of the questions which, bad been put to him in respect to that fued and his advice to Mr. Martain was to show that he acted indiscreetly, and that at that meeting, and sub- sequently be certaloly gave his Japanese oppo. Deots a handle upon which to hang, this libel. They had telegraphed to Japan to say that Mr. Bothell had confesed to misappropriation, Of course it was a distortion of the fact, but there had been some ground for them to believe this. statement That was the inception of the libel, They did not say, he acted dishonestly in re- gard to this fond, but they would say that he acted so indiscreetly and in sucb, an nabusi- cossliko.way that he gave grounds for the Jap- anese telegrams. If they thought the advanc
The libel action at the instance of E, T. Belbell against the North China Daily News was continued to day when the defendant part of the case was heard. Mr. J. C. E. Douglas and Mr. H. Browatt appeared on behalf of the plaintiff, and Mr. T. Morgan Phillips and Mr. R. N. Macleod on behalf of the defendants.
In addressing the jury Mr. Morgan Phillips said that the care for the defendants had been clearly indicated by the pleadings which bad been read and by the cross-examination of the plaintiff. The issue before them as a simple ons, and he thought would give them but little trouble is coming to a decision upon it. Short ly the case for the defendants was this.. The publication of the libel was admitted under circumstances to which he' would allude later on. The defendants said that by their apology and other publications every reparation that was possible had been made to the plaintiff, They said that the plaintiff had, suffered no damage, and further said that by certain indis. of this libel. Mr. Phillips dealt at length with Mr. Betholl's position in Kuras, the War, and
bately there bad been outbreaks of violence, skirmishes, blood bod, and considerable loss of
in Korea which was adverze to Japan, adverse to the government ruling Korea. Mr. Bethel's papers, as they knew, strongly supported this national movement, and the matter became so serious that the British Government had to in tervene, and certain Orders in. Council had to be passed.
Steam Launches of Steel or Wood, Lighters, Steal Buildings and Roofs, Bildge cretions Mr. Bethell had caused the inception Work, and all kinds of Machinery are made of the promises.
Tenders will be made up when required and the workmanship and material will be the relation of Japan to the country. Unfortu. guzanied
The cost of Docking, and repair work, will be found to compare favourably with that life. A patriotic association had been formed of any port in the world.
Telephone: Noe, 878, 606, or 681.
Telegrams, “Dock, Tokohama," Codes A. B. 0. 4th and 5th Edt.
Liebers, Scotta,
GENERAL AGENTS," HONGKONG & CHINA.
Yokohama, May 23rd, 1905),
Hongkong, 16th December, 1968.
[8
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[39
His Lordship-They were not passed for that particular purpose. They were passed for the purpose of journalism in China quite as much as jo Korea. They had no particular re ference to Korea, and much less 10. Mr. Being of money to Mt. Mattain on note of hånd thell,
was an unbusinesslike proceeding-ane could speak of it more barshly-was he entitled to go to a jury and ask for $15,0007. The North China Daily News was not seeking for advancement by means of libel actions. There lay the irony of this proceeding. There were many papers and publications in Shangbai, ít seemed to counsel, anxious to find libel actions. Speaking mats-
Mr. Phillips- am oblized for your Lord ship's explanation as your Lordship knows so much more about it thaoji do.
His Lordship-I am sorry to interrupt but 1 cannot let that go as the opinion of the people in this court, I think you are under a mis conception....
Mr. Phillips-l was rather guided by the inphorically, they had their hands through the formation of my learned friend, Mr. Douglas, Caves, shouting, "Three shots a penny," and who refaired to the Order in Council as the offering a handsome prize. There seemed to be no one keen to compete, because there was Bethell Order.
Ma Douglas I was guided by the Crowano handsome prize at the other side of the Advocate. (Laughter.)
screen. The honour that had been awarded to Froceeding, Mr. Phillips said that they would the N. C. D. News had not been sought for, agree that Mr. Bethell's policy in respect to his and he was bound to tell them that the Direc newpapers was an iodiscreet one, was, mistars received it with the worst possible grace. chievous, and was dangerous. He was inciting They said, "We don't want it. Take the a weak people, an unwarlike people, to try to beastly thing away, and give it to the Go- get rid of the overwhelming power of Japan. den (aughter.) In conclusion Mr. Phillips submitted that it was not within the bounds of possibility that, living in Korea this libel'. could affect or damage the pl,intiff, and if any damage had been done it would be adequate ly repaired by the smallest cola in the British currency. He proceeded to call evidence.
Those superb steamers carrying the Freach Mali are fitted throughout with Electric Light was a policy which was not likely to succeed,
Through Tickets to London via Peris from £17,10 up to £71,10, 20 hours' rallway from and Fans and were specially balit for this trade." Excellent cuisine.
The Company's Own Wharf gear Wing Lok Street and its berth in Canton opposite
Interpreters meet passengers at their arrival in Marsellies,
For further partienlärs, apply to
Hongkook, 8th December, 1908.
TAVA-
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ACTING AGENT,
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For further particulars, pleas apply to the COMPANY'S OFFICE at Shameen, Canton.
or to their Agents BARRETTO & CO., Hongkong.
Bengkong, 9th October, 1908.
[14.
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AN APPEAL,
[
which led to trouble, to bloodshed and to 101 of life. Suspicions regarding the
National Debt Redemption Fund were aroused 'in'Seoul towards the end of August, and Yang Ki-tak was ultimately charged with embezzling 'a portion of these funds. He had been com Owen M. Greco, assistant, editor of the N. mitted for trial and ultimately acquitted. Mr. G. D. Nemi, said that he had been engated in- Phillips did not place these matters before the journalism for ten years, and came to Shang," jury for the purpose of discrediting Mr. Bethell, bal in June 1907. He was for close on threa but to show that Mr. Bethell by bis conduct in years correspondent in Paris, and for two years Korea had assumed a prominent public position correspondent in Rome for the Morning Loader lo an important public matter. Public mee, Baving also had experience on the editorial especially in such a political matter ar staff. The practice in sending news if one had Mr. Bethell was engaged in wore likely to no personal knowledge of the fact was to quote. bo calumniated and maligned, and that the source of information, but the general rule apparently had been the lot of Mr. Bothell, ia copying from papers was to give the cames. It was, from that standpoint that he asked When such a telegram-was received by a paper the jury, and he thought they must view the the practice was to keep as doar to the original. case in that light, that this was a libel, on a wordiogas possible. On Aug. 3oth Mr. Bell was 'public man, in a controversial and political away, and witness was editing the A. G. D. Now, matter, and there was a great distinction be--| He, inserted the telegram in the ordinary, way, ' tween tha libel, which they were now gooni- | Previously the N. G. D.. News bad published, dering, and one which be ́veôtured to bring information regarding Yang Ki-tak and M befo e them for a moment. In this compact | Bethell, all of which had been put in the same. foreign settlement of theirs ́every incident of way. The libel complained of came from their interest was thoroughly discussed, and someTo io correspondent. On the 18th August the -- months ago there was a case of libel, tried, in letter from Cross Bud Yamashita strived' und this court, in which, unfortunately, the N. C. at once steps w. re taken to stop the ssla af the Darly Neon was defendant, · 11. was a libel insan. There were no means of telegraphing upon two private gentlemen in their profer to noyone to stop the sales. The only agent sional capacity. It was unfortunately a seriqus they had was in London and be recrived nine libel, and the jury took a, şerious view of it, copies a week and told about Ibres. The otheg. and awarded beavy damages, it was not for agents they had worn for collecting advenise- him to discuss the findingw of the jury or ments and not for sales.. Copies of the the reasons which aclusted them. It might paper containing the apology would have be that they thought that if greater care gous to all the places to which the libèl· had been taken in dealing with, imati went...The leader_with_reference__to_the ter here, on the spot in Shangbai, that the mat-trial, had been written with the case of Mr.
Bethalt in mind, though it would probably have been written in soy case.
Cross-examined—He had no knowledge of any untrue publications regarding. Mr. Bethell. previously. Mr. Douglas alluded to the W. C. Daily Nator of October zest, 1907, in which
ter would not have been published in the paper. The reason he draw their attention to this was to point out that that libel case which had been tried some months ago and the one before them were ou entirely different footings, and the standpoint from which they must view this case was that, it was a, libel on a person whe was telegram regarding the trial of Mr had adopted a public position in the matter to Bethall before Mr. Cockburn stating among hich he had alluded, namely, the National other things ibat the casa had been transferred Debt Redemption Fond, and his attitude to to Hongkong, and also that he would be fined wards the Japanese Government, Ms, Phillips in Hoogkong, and also that he would be fred THE SUPERIORES, 28% most next quoted the libellous telegram, and draw 300 for his virulent utterances. Their Tokyo
CONVENT, CAINE Road, begs most attention to the opening phrase. "It is report correspondent was on "the stall of the Kolus respectfully to APPEAL to the Residents fed from japanese sources. That was correct, in Shimbun. Hongkong and the Coast Ports, for their kind for the Japanese telegrams had stated that Mr. patronage and support, and desima to state Bethell had confessed to misappropriation. It that she will be plaased to receive orders for
was suggested that there should have been an All kinds of NEEDLE WORK.
apology on receipt of the second telegram, but Gentlemen's Shirts made to order, and Cay it was utterly impossible to insert an apology
Mr. Douglas-Quite interesting. Have you until fortbari inquiries had been made or unlif and Collars renewed on old ones.
they had received forther Intelligence with ever found with reference to casas regard to this story. In addition to an apology Korea any bias in your Tokyo corr pondent? Mr. Bethell claimed the round sum of Yen-Not with regard to foreigners. Contianing wiinesi ssid they had, not changað"tháir cor- 25,000 as damages. It seemed to conásef an
།།
Ladies and Children's Under-clothing, Call dren's Dresher, and all kinds of Embroidery, Materials can be supplied, if required..
The Superiorees will also be most grateful for any PAPER, or old Envalorad tur kur enda tato Books for the Children of the Poor Schools who are taught by the Sisture.
Hongkong, azad April. (1994)
Mr.Douglas-As editor of a paper do you know whether the court at Hongkong had jurisdiction over a British subject at Seoul No; 1, do not
extraordinary demand to make in the fint respondent. He did not think it would hav letter complaining of the libel. Mr. Phillips been a proper thing to bays inserted a foot- considered the apology in the N. C. Daily New note to the telegram of the confession of mil as ample, and the suocanding blications as appro
Ale with all
of the bond fide of the paper [68 all that had appeared in the 2. Gi Dai