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Particulars of and concerning Johnson who then was and still is the Managing Director of the Mercantile firm of Jardine Matheson and Company of this Colony was contained certain false and malicious statements concerning the Plaintiff in a letter which

a) The said false and malicious statements were to the purport and effect and in the following words, thereby the Plaintiff

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that is to say, "disgraceful insult to a lady"

On the said 20th day of September last the said Francis Bultitude Johnson having read the said letter and the malicious statements therein contained said to the defendant "I heard it stated on Eitel's authority" meaning thereby on the Defendant's authority that the alleged disgraceful offence (meaning thereby the alleged disgraceful insult to a lady in the said letter mentioned) consisted in Mr. Hayllar (meaning the Plaintiff) having exhibited indecent prints in the private sitting room of Lady Hennessey's boudoir (meaning thereby the room of the wife of the said Sir John Pope Hennessey).

Whereupon the Defendant falsely and maliciously spoke and published to the said Francis Bultitude Johnson of and concerning the Plaintiff and in reference to the false and malicious statement in the said letter contained and hereinbefore set out the following words, that is to say "What I said was true" (meaning thereby that he had said and that it was in fact true that the alleged improper and disgraceful conduct of the Plaintiff consisted in his, the Plaintiff having exhibited indecent prints in the private sitting room of the said Sir John Pope Hennessey).

The Defendant in further explanation of the said false and malicious statement went on to say as follows:

"The Governor (meaning thereby the said Sir John Pope Hennessey) had the habit of going out with Mr. Hayllar in a steamlaunch on several occasions when these appointments had been made, Hayllar had sent excuses at the last moment and in consequence of that or of various other circumstances the Governor's suspicions were aroused and on the last occasion of their engagements Government House apparently to go left the Governor to the steamlaunch but"

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