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nuendoes and the application be set forth the absence of any communication from the
in the charge with regard to every state- ment in the letter alleged to be a libel.
THE PROVOCATION FOR THE LIBELLOUS WRITING EXPLAINED.
Sir, I have awaited your arrival to bring to your notice, for the information of the Board of Directors in London, the con- duct of your manager here, Mr Nelson, who, without any provocation or reason, thought proper, at a meeting of the Hongkong Chamber of Commerce, on the 23rd ulto. to indulge in a false and slanderous attack upon me, coupled with some impertinent re- marks about His Excellency the Governor of the Colony."
Now, to say that Mr Nelson's speech was a false and slanderous attack upon Mr Pitman, was a libel.
Government, it is not unbecoming on the part of the Chamber to invite some little amount of confidence in the matter, suppos- ing anything is being done. I suggest the Secretary put himself in communication with the Government and make an inquiry- whether anything is being done."
Mr Hayllar: I don't think we need the innuendoes; the letter speaks pretty well and pretty plainly for itself, and especially Mr Ryrie had produced to him the Chamber I think the letter shows its motive. We of Commerce proceedings containing a short- don't require to go beyond the letter itself hand report of the speech, and he swore to for that, This letter is dated "8 Ped-its accuracy and told us what be understood dar's Hill, Hongkong, 29th March, 1880," by the report, what impression it conveyed and is addressed to "William Jackson, to his mind. That is only the opinion of Esq., Assistant Chief Manager, Secretary, Mr Ryrie. It goes of course for what it is &o., &c., &o., Chartered Mercantile Bank worth. But my client only supplies the of fadis, &c., &c., that all meaning that he words and we have them here; we can see was the Inspector of the Bank here on an what they mean as well as anybody else. official visit. The letter began:-
Mr Ryrie found the sense to deal with them. Mr Kyrie puts a construction on this speech which I don't think it bears. Mr Nelson had a public subject before him, the intro- duction of the Japanese yen into this Colony. Mr Nelson is a member of the Chamber of Commerce, a member only by virtue of his office as Manager of the C. M. B., and he was dealing openly with this public ques- tion in the Chamber of Commerce; especially as one affecting him as a Bank Manager he was entitled to deal with it and entitled to comment on it. One of the arguments used in favour of the legalisation of the Japanese yen was a petition or memorial presented a short time previously by certain Chinese, It came to be a matter of considerable im- portauss whether this was a voluntary me-
At the request of the Court, the whole morial or whether certain persone had got it letter being put in as the libel, Mr Hayl- up. There was nothing wrong or illegi- lar underlined the particular portions of timate in getting up a petition. which complaint is made as libellous; a perfectly legitimate thing to do in these portions are given throughout the connection with a subject within such a letter in this report in italics.
domain of politics as that the memorial dealt with. What earthly blame did Mr Nelson attribute to Mr Pitman if he did say that he
Mr Nelson-In the absence of any com- got up the petition. He did not allege that munication from the Govorament on the it was a spurious one. The signatures were subject, the Chamber is hardly entitled to genuine, nobody ever suggested that they consider that the question is before them. were not. If this gentleman truly persuaded I learn from Chinese sources that the these Chinese merchants and others who Memorial which was presented the other signed this petition-supposing it is true day was got up by a gentleman rather that he interested himself in getting it up- well known in the Colony, who is in the where was the harm in it. The point comes employ of the Japanese Government, and to be an important one when we deal with who is more or less mixed up with the the weight to be attached to the petition, Opium Farm and other matters in the that it was not spontaneously got up, and Colony, and who is on very intimate and that was the way in which Mr Nelson used friendly terms with the head of the Govern- it. Mr Nelson was now prepared to go into ment in Hongkong. Now bearing in mind the witness box and tell the Court that he the manner in which equally spontaneous had this information from native sources. He expressions of opinion on other matters have presumed it would not be disputed that Mr been utilised in the Colony, I think one may | Pitman had to do with it. The question in justly come to the conclusion something is this speech was not Mr Pitman's morality at to be done in this matter, and I think, in all, but the weight to be ascribed to the
Mir Francis: We shall give you ample opportunity of proving that by taking out another summons.
Mr Hayllar Now let us see this speech at the Chamber of Commerce:
It was
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memorial. The question was a very fair proper at a meeting of the Hongkong and legitimate one, was this memorial a Chamber of Commerce, on the 23rd ult, spontaneous une or was it one in which a to indulge in a false und slanderous attack foreigner or foreigners had been taking part, upon me, coupled with some impertinent ren They all knew how memorials were got up, marks about His Excellency the Governor of They all knew how the thousands of memo- the Colony,
rials that were presented to the Legislature at "Not only do the expressions that he made home were got up. There was no blame to use of warrant the above description of them, any one who gets up a memorial properly, but they were allered with an evident unimus, But it might become a question of considerable to which friends of mine who are present importance to the Chamber of Commerce are ready to testify.
whether the signatures were not those of "Mr Nelson is a member of the Chamber Chinese whose good-nature, which always of Commerce in virtue only of his office us characterises them in these matters, was local Manager of the Chartered Mercantile sufficient to induce them to sign simply be- Bank. Consequently any unworthy public cause they were asked.
act of his in the Chamber reflects directly
The Magistrate said, he really did not see upon the Bank; and it is thus the clear right how this matter, Mr Neleon's speech and the and duty of the Directors to protect them- legalisation of the Yen, bore on the present selves against the discredit resulting from charge against Mr Pitman.
such conduct as that of Mr Nelson, Mr Bayllar said, he had referred to it to "I think it right also that you should be show that the allegation in the letter that made aware that Mr Nelson, (again in Mr Nelson made a false and slanderous virtue of his office as your representative) attack on Mr Pitman was in itself a false has long carried on a bitter, active, and and malicious libel. Mr Nelson was pre- ceaseless opposition to the Governor of the pared to prove that he had this information Colony. I cannot believe that such a policy from Chinese sources,-the information that is in keeping with the traditions of your Mr Pitman was interested in that memo- Bank, but even if it were, nothing could rial.
justify his gibe íu a public association about the friendship with "which His Excellency the Governor has honoured me for the last fifteen years.
Mr Francis again protested against the ease being taken in this way. The charges should be reduced to writing and put in proper form; he was entitled to know the specific chargos.
"Further I would suggest that, having re- gard to Mr Nelson's public position as one of Mr Hayllar had the summons altered by your staff, some enquiry should be made inte the deletion of the words "knowing the the circumstances under which he became same to be false" and the change of the possessed of a transfer of certain shares from section cited as contravened. The charge the late Mr Heaton on the eve of his (Mr then read, that the said John Pitman H's) embarrassments about a year ago. had "on the 29th day of March 1880, "It may indeed be doubted whether Mr at Victoria in this Colony unlawfully writ- Nelson as a regular trafficker in shares and ten and published and caused and procured other concerns is able to devote that undi- to be written and published a certain false vided attention to the interests of the Bank scandalous and defamatory libel of and con- which its shareholders expect, and whether cerning the said Horace Harrington Nel-such occupation is within the legitimute son, contrary to statute & and 7 Vie. chap. sphere of dction of a Manager of a Chartered 96, sec. 5," which enacts that "if any per- Bank.
son shall maliciously publish any defama- "I should not have been disposed to tory libel, every each person being con- trouble myself or you about Mr Nelson and victed thereof, shall be liable to fiue or his affairs had it not been for his impudent imprisonment or both as the Court may public attack upon me at the meeting refer- award, such imprisonment not to exceed red to, for which neither his relations to the term of one year." The whole of the myself nor any transaction I have ever had letter was set forth in the charge as follows, with the Bank had given him the slightest the passages mainly relied on being those pretext or justification. given in italics:
"Under the circumstances I have no alter- native but to lay this complaint before you, THE LETTER READ, COMPLETE.
"I trust you will at once give it the atten- "SIR,I have awaited your arrival to tion it demands and spare me the necessity bring to your notios, for the information of of taking other means for bringing it to the the Board of Directors in London, the con-notice of your directors.
duct of your manager here, Mr Nelson, who, "I remain, Sir, your obedient servant, without any provocation or reason, thought
JOHN PITMAN.”
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