1880-06-09 — Page 4

No. 5277.-JUNE 9, 1880.|

of his Lordship and using them as his own words he would read a passage from a stan- dard work so that they might have it clearly in their minds what privileged occasion was. The learned counsel then read the fol- lowing from Starkle; p. 750, 1869 edition:

"There existaan important and numerous

7tant class of cases, in which the law, consal ing the general convenience and the exigencles qualified protection dependent on the question, whether the party has acted bend fide on a pesarion recognised by the law, or has merely ted

the occasion as a colons and pretext for

already adverted to in discussing the

$20

their religious fattle, corrupting their morals, or.instigating them to nots of sedition, inmalt, and outrace, or to some other violation of the peace."

23

as sunkind

1

was

THE CHINA MAIL.

Bat he that filches from me my good natte, Robs me of that which not enrichica him, And makes me pour indeed.

"These

nas

AB The Ühist Justice: If the documents la

to

Mr Francis: Not the least doubt about

The Chief Justion: Whether the Court.

snake was libellous. This showed that ons barrassed in his affairs, and that he died a letter, with malice stamped so emphati The point was reserved by his Lordship, titled to take into consideration in dealing verbatim and produced and reproduced. could not conceal himself from the strong before this letter was written. The thing eally on its face and lying in every line. si Mr Francis' request as to whether the with any case that might come before them He did not know who furnishsa thosp and long arm of law by biding the rest was to a certain extent, an allegory. What It was not hasty; it was polished. It was question "What did the witnes moan in his He asked them to put aside everything documents; they had not been furnished meaning under an allegorical or sarcastical was meant he wald ant say; the meaning of not hasty, because time had been given to speech by equally spontaneous, should they bad heard or read outside this by him (us) and he hoped they hail not expression. The frozen anske" alluded to the class was of course entirely for the jury. reficet and every weapon which could be got have been allowed; several other ques Court house as to this case, its merits or been furnished by the offears of this Const. the fable of the make that bit the hand of it was for the jury to eay, having this letter drawn from the armoury of a most skilful tions of the ame nature were disallowed, demerits following his learned friend the person who warmed it into life. It was before them, and having this paragraph writer had been brought to bear apou this the cross-examining Cansel not being al probably the most conveniant puree in proossings of this Couré are published held to be a libel because it was a very standing, among others, all of which impated gentleman. He should have been glad to lowred to ask any questions as to the mean-addressing the jury on this sabisot he came while proceedings are pending, it is clear common fable which those who wrote it and blame to Me Nelson, in a letter which was have had a publle inquiry into the whele ing of certain phrases in the leiter. first to point out that his learned friend contempt of Court. those who read it would equally understand. obviously a letter of a strong character, con- thing under the conditions laid down by law. The further evidence of Mr Nelson called their attention to the fact that in That remark would apply to one or two taiting tuch expressions as unworthy That, however, was not according to the was to the effect that he knew that every case of libel or alleged libel thero it. portions of this letter, but not to many of public sets" and calling upon the directors making of the case and the issues before the Mr Pitman had some contno ion with the were two methods open to a man who con the allegations, because there was no doubt to inquire into this traumotion, with this jury. They could not go out of the way Opium Farm, but did not know its precise sidered himself aggrieved to attempt to would take ustice of it is quite another the document was a very straight, up-and- suggestion which seems so very injurious, for this purpose it would not be right nature. There was at that time $50,000 vindicate his character. One was the so- thing. I do not know that I should be ready doing mischief. This most important limi. down, hard-hitting letter. The writer of that on the eve of Mr Heaton's embarrass- do so, to go into cimamstances of which they in the C. M. B. at the credit of the opiam tion by which he sought to recover damage to do anything of the

asked the too what to sature. There

sort in a case like sation seems, on principles of public polisy, this polished instrument or document ments something took place he asked the had had no express notice. He should farmor; Government had the receipts; it for the injury he might have received, and this. Was that only on one side Was there

seemed to have weighed with the utmost jury whether it did not import a charge, have been very glad to bave known what

one paper that did that. this Mr catate Jackson made no enquiry on the subject a criminal prosegation such as Mr Nelson grounds of sivil Hability: 5 extend to all deliberation, every word, using the mast which to the minds of the directors, living abis fact connected with Me Heators Wat was a gustaste. He continued, Mr the other course was to take proceedings by only

most

Mr Francis Ono uewspaper, my Lord, publicaidons made in the fair discharge of temperate words where they would suit and as they do far away, and they must recul- was. They did not know in the least in matter of Mr Pitman's letter. As a broker had chosen, in which he could not the China Mail, has been conspicuous and sayablic or private legal or moral duty, using very strong expressions where they let that this letter was intended spesially point of fact, but he should have been very Mr Heaton had share transactions with me recover damages and in which the has giving it has been conspicuous and or private legal or moral diets were essential. The leter la dated from, for the edification and instruction of the glad to have had it stated to the jary, and As a matter of fact I have bought and sold only object to be attained was the it has mentioned the case that Mr Pitman has given prominence to the fact whenever or the party's

8, Poddar's Hill, Hongkong, March 29th, Directors-an impression that Mr Nelson to have inquired into and explained it. shares, for myself and for the Bank's punishment of the defendant. In an was liable to year's impriscoment and

tia The letter la dated lead they

the it S, Poddar es addresschief Manager, late exactly what the party's own private interest, require the performance blications on subjen the Secretary & India, &c. & Sir, the performance. This principle seems to 1860, and was addressed to "William had done something dirty, something im- That was apparently the most deadly customers. I have never had any share action for damages the presscuter could ine. Referring again to the fact of Me comproband all publications on subjects of Jackson, Esq., Apsistant Chief Manager, moral or corrupt. It is impossible to formu- charge. It was the defence which bed transaction in the nature of time bargains not succeed (and this was 'matter to which Pitman's month being ahnt under this mode general and pubile concern, in which the Secretary, &o., &c., &c., Chartered Merean. Iste exactly what it did mene, but what they refused to slow this whole matter to be have never bad dealings in shares in his learned friend did not direct the siten of proceding by criminst prosecution, be author porasses an interest in einmon tile Bank of India, &c. &o." It was thus had to consider was what it was meant to enquired into, if they believed three was which settlement was to have been made tion of the gentlemen of the jars) without remarked that the statement that had been with the rest of the community. Every a formal document. It began-Sir, I effect. Then the letter proceeds and un the any truth in it. The truth not being by the receips or difference, either on my himself going into the witness box and made that the reason for the criminal pro

omasses an interest in emmon tile Bay & &c., &c., Chartered Mercan late exact. It is impossible to formu- charge. It apparently the most deadly shares, for myself and for the sold only object to be atta onts, as it proms, has a right to publish that have awaited; there won the key note. same linos, so to speak, because, the para- pleaded in justification, what became of own account, or on the sccount of any denying, negatively on his oath the truth sosation was to be found in the document

was which, in his opinion, will tend to enlighten, The writer's wrath had been nursed, the graph just read led up to this:It may, that letter and the malice that dictat other person, so far as my memory serves of every single charge, good had and itself would not bat recommend felt to instruct, or oven amuse maskind; be who indignity, that had been pat upon hier indeed, he duubted whether Mr Nelson as a ed it? It was a terrible position for ma instruct, or ovec may justly be regarded of hasty production in the heat of the mo- its shareholders is the legitimate sphere of about Me Heaton are if it were made and

indifferent, made against him in the him as a vary extraordinary statement. It attains his object may justly be regarded as had been kept warm. It was not a regular trafficker in shares and other con- any person to have to stand in before a Mr Blogg proved Mr Pitman's signature, libel. One would naturally suppose, it was an attack on Mr Nelson's private

indifferent, for the criminal a benefactor to socisty, he who fail is not hasty production. It was not a case of a cores, is able to devote that undivided at- jury of his countrymen, with that libel The Court then adjourned for tifin. a man wanted to thoroughly dear his character with deliberate Intent, they were amenable as a criminal, however errone man going home, in the heat of the metention to the intercets of the Bank which before them unjustified. It was not for him

character and to disprove everything al-sold, to irretrievably rain him in his oun his views may be, unless it plainly spment scratching off something, and send its shareholders expect, and whether such to say more than that. But what was to ho THE DEPOSITIONS OF ME JAUKSON'S leged against hire in this leter, which he business. If this were so, why did he

occupation is within the legitimate sphere of said about charges like these that charge pose that his real object was not to improve ing it off at once by his coolie; such

EVIDENCE NOT RECEIVED.

characterized as a libel, he would have not take those proceedings which would On the Court zasmembilog, or benefit mankind, but to produce pablte man might have pleaded hurry and haste, notion of a Manager of a Chartered Bank." about Mr Heaton especially? What was to

instituted that form of proceedings which compensate him for his injuries lastead mischief and disorder by allenating men's A great many people did write letters in That was simply an indirest way of putting be said of that charge if it were made and Mt Hayllar tendered the depositions con- would have allowed him to go into the b. bringing these criminal proceeding, minds from their public or private datier, that way, and tore them up again; they it that Mr Nelson was a regular trafiker in sent to this gentleman's directors without taining the evidence of Mr William Jackson and testify on cath, and satisfy his sapori which could secure neither the one nor by base or unworthy meats, on

by destroying were wise in doing so. It was a great relief shares. The innuendo put upon it was this: such ground as could be laid before a jury for taken before the commiting magistrate (Mrozz, the Board of his directors and the the other, compensation for vindica-

to the feelings no doubt to put our grievances Thereby meaning that the said Horses justification of its being made?

C. V. Creagh) on Wednesday, March 31st, public that there was absolutely no truth tion. The jury in this case were not Mr Fransis was omitted he was not ordinance depositions of witsch If the tendency into writing, and next morning it Barrington Nelson traded or trafficked Mr Francis was sorry to interrupt his Mr Hayllar read seo. 2 of ord. 6 of 1864 (an in the imputations that had been made to enquire into the truth or otherwise of was a very wise thing to tear them up. A largely and regularly in shares or learned friend, but he submitted he was not ordinance to render admissible in certain he had suffered any injury the jury then the charges Mr Nelson was so anxings they great many people les off steam is that way, other concerns as to cause him to neglect entitled to go into this branch of the subject, ores the depositions of witnesses who would have given him compensation for it, were told to free himmelf from, and could That paragraph summed up to a certain but in this case steam was not let off. Now the interests of the said Banking Company The Chief Justice said he could not take cannot be produced at the tria) by which If the tendency was to injure him he would therefore give no deliverance on the matter; extent a somewhat large branch of law. we shall see how long this awaiting had confided to his care ea eugh Manager as any objection unless the precise words ob- whenever it shall be proved by the oath of have got nominal damages and he would so that any person who chose to believe For instance, if a person gavo a servant been, "I have awaited your arrival" so foresaid, and that the same were and had jected to were given.

any credible witness or shall in any other have had a verdict if the jury were that there was tenth in these imputations Mr Francis waived the objection. nsual illustration-a bad character, in words there had been a good deal of waiting in been injuriously affected." He did not

manner whatever appear to the satisfaction satisfied that it was so that the state was left quite at liberty to do so, because which were libellous, if the character was not quiries had been made as to when Mr Jack think that could be called a forged con- Mr Hayllar proccoding said he did not of the Supremo Ort, that the Attorney ments had no foundation in fact, that their verdict did not and could not in any given in such a way as to amount to special sea was coming, the matter had been struction in point of fact. He thought it wish to say anything that was improper, General or other person conducting they were entirely false. In bringing way settle it. Now, he asked the jury to malice, the occasion was privileged. Again thought over and resolved on and so forth. could boar no other construction. The word but in this case there were matters put ortminal prosecution on behalf of the oriminal charge and that under Lord Jamp consider with him this alleged libel, and

privileged. Again To bring to your rectors in London, the injure, it was a wonderfulgessarily imparted B, the places where persona might, so was privint to special quiries had been good deal of arrival" so forded to his persons might, as every one know, pablish To bring to your notice, for the informa- tinflicker" might of course mean a person way. Being them out into open Court Rbd Crown is unable to produce at the trial of bell's Act, as be had done, the prosecutor he had to say at onse, after taking into con

tion of the board of Bring them all forth out of the dank biding and if it shall reviews or criticisms in the strongest langa- tion of the board of Directors in London, the trafficking properly, but if it was intended to into the light of day, and let there

don, the trafficking properly, but if it was intended to into the light of day, and let them see what the accused any person as a witness in con- disposed of himself entirely from the necessideration what fell from the Bench, that age upon public men in their public dots, conduct of your manager here, Mr Nelson injure, it was a wonderfully skilfully selected they were. Put them in black and whito, sequence of his absence from the t'olony sily of giving

a age upon public men in their public nota, condo of the said Horace Harrington Nel-wird. He did not say it necessarily imparted Bring them all forth out of the dauk biding and if it shall leo appear that snob posso falsehood or truth of the charges against be justified in alleging in any shape or sequence of his absence from the L'olony shy of giving any evidence whatever of the the defendent had not thought he would a way as to show malice. There were a son who, without any provocation or reasomething more than fair traffic, bedanse places, the places where thean dark fangi was examined before magistrate and hits, whereas the defendant clouts ainst be justifie

a elests to pro- form the truth of any of the matters re namber of other ones in which it must re-son, thought proper, at a meeting of the words were so large and varied in their grow on people's reputations. Reputations that the examination was taken in the osed on it and assorts that it is true. In ferred to in that letter. Some of them our to everyone that plain speaking being Hongkong Chamber of Commerce, on the meanings that they necessarily imported are sacred things. Acourding to a very old presence of the accused and that he a civil action the defendant could go into cannot be jus that

I | be justified by the defendant on the clearly for public beneilt was not to be held 23rd ultimo." That would be the 23rd different things to different minds. The and hackneyed quotation

ar his Counsel be his Attorney had the witness box and give to the jury and ground that it was entirely out of bis reword as libellous, as when a bad or immoral book February; the letter was dated 29th March, word trafficker might mean a fair trafficker,

Who atenda my purse steals trash

4 full opportunity of cross-exam of would libel, if it were a libel. It was hardly Mr -examining such to the public his explanation of the whole power to prove that they were true. They was criticised in the strongest terms. These so that, as nearly as possible, five weeks bad but we don't generally call people who deal

person and that the examination of such case from his own month, and he would sould not plead any justification for this were some of the oases in which the publica elapsed. To indulge in a fales and slan- fairly trafuckers. The ward had got a sort

persion was roduced inte person examined said this and on bad received it, and power, to person was roluced into writing and road have been able to tell them why he had libel, if it were tion of libellous matter was privileged and derous attack upon me, coupled with som- of nuance, and was put down in Webster's

And shed by the person examined said this and on what foundation he bad Pliman's busloans, even if it were in his that privilege formed a defence. But when impertinent remarks about His Excel-Dictionary as meaning "something mean or Fatal charges like this, calculated to ruin

it shall be lawful for the Court and it based it, how he had received it, and power, to do so fa this formal method; the they came to look at the cass that was now easy the Governor of the Colony, meaning compromising in the mode of dealing." man's character, enght to be justified or not is hereby required to allow to be read and it would have enabled the jury to judge question was a public one, under what cir before them, he would submit that when this His Excellenay Sir John Pope Hennessy, Standing by itself it might not be libellous, made at all. What were these matters received in evidengs so much of the said between himself and his opponent. But oumstances then had this arisan? In letter was published there was no privileged K.C.M.G., &n, &o., the present Governor of but the hint was conveyed that Mr Nel-whish

Nal-which were to be inquired into by the di- examination as would have been adulas in these criminal proceedings the defendant what way were they prepared to dofond re was no privileged K.C.M.G., &n, do, do Popo Hennessy, Standing by itself the mode of dealing." Fatal charges like this, calculated occasion Air Pitman, so far as ho knew, was Hongkong]." Then he reiterated this iu son could not and did not attend to his rectors, if they could not be inquired into ible bed the said person been produced was completely shut up, he could not themselves from the present charge 1. This not a abareholder of the Bank, we be not a shareholder of the Bank, was not inter-effect by saying Not only do the express work. Considering what he had already here by a jury? Where was the evidenon and examined before the Supreme Court make a single statement to the jury, nor was a letter written to år Trokson, sie ested in it at all, and the words and expres- ions that he made use of warrant the above said as to Mr Nelson's position of trust what that Me Nelson could not attoud to the in the ordinary and accostomod manner." was he as the Counsel for the defendant to Nelson's superior officer, na Me Nelson sions be need were not intended to bring down description of them, [meaning thereby that could be the probable resalt of these sug-daties of his back? Was that a light Mr Heyller ontended that while he tell them anything his client bad told him himself told them, an Inspector of the on Mr Nelson's head a public punishment, but they were false, slanderous, and impertin-gestions and the one that must have been charge? It was a terrible charge. It was appeared on bohalt of Me Nelson as nor any explanation he had given him of Bank hers, with the right, title, and att he put it to them onament. They the present are read this letter. He sale and He was behalf of his client; he could see remarke arvestside that letterferred to, did ained by witness. der Scotion 4 of a defendant entirely his character, he put it to them they were intended to bring ent but they were attered with na ovident ountexaplated when the letter was written a charge of a nature which he had seldom private prescutor, he in fact did appear la conduct. One would think that it Mr thoilty to enquire into ga behalf of the down to them they were intended to that they were false, lasing thereby that could be

private punishment. They were animus to which friends of wins who wers The probable result of such a charge, if to beard of before in his fife, nerer in fact. The bohl of the Crown, all criminal Nelson had been so extremely anxious as his directors everything in fact connected

in written by an outsider, no not having the present are ready to testify." That was the opted, would have been the annihilation

char

of malice. A mera outsider prosecutions being in name of the Crown, counsel had represented him to be to clear with the management of the Bank here, slightest legitimate interest in the subject, first branch of this letter. He said there Mr Nelson as u Bank Manager for ever. few words being said of him at the case befug Razlas . Nelson. He re- bis reputation and to vindicate bis character with, he had no doubt, and he believed and bring about a private punishment. The that Mr Nelson had indulged in a false and He was bound to place the case before the able metins being Bid of him at a pablis was to clear Mr Nelson out public meeting was to clear Mr Nelson out forced to No. 3 of 1885 In part of that he would have adopted that method they would als understand, not only fail fait law on malice, as laid down over and over slanderons attack on him at the manting of jury on behalf of his client; he did so as ting

afely as he client; he did as of the place root and branch. These this contention.

which in every possible view of the case power to report, but it is plainly declared the letter, he had not Mr Francis objected to the admission of provided the most thorough and complete his duty to report to the directors

Forough again, was this, that every man must be the Chamber of Commeres, and the question temperately as he conki. If he could see of the place root and branch. taken to have contemplated the reasonable would be one for the directors to sayAre that the temper of the docament was sudden said one word outside that tetter. There us depositions on two grounds. First it made of clearing his character from every and even to suspend Mr Nelson, therefore

remarks arose ont of the letter; he had not Mir Francis objected to the admission of provided the and probable emphatically bel, the case and makes in That was take notice time, that perin together such & must hit ger of tendon and Chins, commenced my friend and probable results of his action. That we to keep a gentleman on our hoard who anger, and a hit back straight from the were many things he might have referred to,

were ma

1 to, did not appear that it had been read over aspersion that had been cast upon it person to whom anoh a complaint could was laid down emphatically by one of our indulges in false and slaademus attacks shoulder, without any charge against it, be at which he thought it better to bury in a and signed by witness. The charge they Instead of duing no he adopta this course of lawfully and properly be made, persa

a greatest judges in a case of libe), the cass upon another gentleman without provocation should have been very glad to do so and discreet silence. There were points which he before the Court was under Scotion & of prezedings in which he abuts the mouth who had an interest in the subject matter.

4 where Sir Francis Burdett was upon his trial and makes impertinent remarks on the Goy would have broght it before them. But, on did not wish to raise. He put it that this Lord Campbell's Act; the charge now was of the defendant entirely; he weeks not who could investigate the matter in the Many years ago, Baron and Aldernoa), ernor of the Colony? That was the meaning the contrary, it seamed to him, this charge was an attack on a man's character sad on under Section 6. The grounds of defence such a complete clearing of his character, manner he thought most advisable while The deliberate publication of a calumny of it. It was meant they should take notice having been brought five weeks after the the face of it, vindictively made. He then would naturally be different under these auch o justifestion as would have been he was here on the spot, who was the which a man knew to be false or did not of that. Then it went on Mr Nelson is a time, that period having been taken to rake proseeded to call avidence.

two acctions; the line of cross-examina-given him by a verdict la a civil action, but only individual hers who could do any know to be true, raised, in a plea of not member of the Chamber of Commerce in up things, to pils together such a damning Mfc H. H. Nolson, said: I am the mansion different. There had not therefore zealously seeks vindictive punishment which thing, who was fully empowered to do guilty, a conclusive presumption of malico. virtue only of his office as local Manager of letter as could not fail of its effect, must hit

effect, must hit ger of the Chartered Mercanti e Bank of bon fall opportunity of cross examining would bring no wallsfection to him, the whatever ho. thought Bt to right what he The clanse under which this prosecation is the Chartered Mercantile Bank; consequent the mark right in the centre of the bull's fadis London and Chins, and have been so the witness then; no opportunity at all in vindictive punishment of the defendant, found wrong. I could not be thought instituted is clause & of the Act 6 and 7ly, any unworthy public act of his in the eye, then it must have been onlcalated to for the last six years. I commended my fack. Another ground was that his learned If he had to illustrate as he would have to for a moment, whether it was in Mr Jack- Vic, cap. D6, which has been extended to Chamber reflects directly upon the Bank; have sust an effect. Mr Fitmen showed business life with the bank sixteen years friend did not appear to prosecute for the de later on in his speech the two terms of son's power or not to suspend Me Nelson, this colony. There were two clauses, one and it is thus the clear right and duty of that he was not writing in a public spirit o The Head Office is in London. Crown.

den Crown. The Attorney General, who was law, malice in law and mailos in fact, he did that it was not his interest, to know the of which was "If any person shall malioi- the Directors to protect themselves against Coronet the have of which was "If any person shall malioi- the Directors to protect themselves against for the public gred; he says distinctly that The Bank in controlled by a Board of the only one authorized to appear for the not think he could find a better linstration facts alleged in this letter, so that he qualy publish any defamatory libel, know the discredit resulting from such condust as he is writing on account of a private injury. Diroutors. Mr W. Jackson, In Scoretary Crown, did not appear in the case and had than in these proneedloga. While the action could have takon whatever steps he might ing the sums to be falss, and the other that of Mr Nelson That was a very ugly He had taken tho pains to show his motive and foling Inspeetur ad trayals about told the Conet that he bed instructed no which, Mr Nelson had taken in this master hays thought fit to pat khasse matters

was not malicious in point of law-he could right. This letter was not communica paragraph. It turned out directly that Mr by this paragraph1 should not have and Acting and whatever stops he might

and ons

The Chief Justlos Cut bono, the evidence not be acting in malice in exercising tion made to the public papers or to any haly publish any defamatory libel." This Nelson was the local manager of the Charter been disposed to trouble myself or you about ich reports on the Branches. Ito visited to appear in his behalf.

of Me Jackson, Jackson handed me the loiter produced just ed Mercantile Bank. There was no doubt Mr Nelson and his affairs had it not been for longkong on duty in March last, Mr

right which the law gave him he thought person not interested in looking into the it to be fales, but for publishing a defama- about that, and the defendant knew it. He his impudent public attack upon me at the

me at the preas it. That is the case for the prosecu ceeding vindictive in point of fact, a course letter addressed to the one person to Mir it was a tory libel, and not caring whether it was stigmatised Mr. Nelson's nation as an un-meeting referred to, for which, neither his as it is, with the exception of the undersoor-ralar: Woll, my Lord, I do not be might fairly say it was a malicious pro- matters there referred to, but

stigmatised which was a very libel- have ever had with the Bank has That MacGlashan Heaton

ing. libel-relations to myself nor any transaction I aftor he got it Mr Jackson has now gone The Chief Justice: I quite ser, Mr to vindicate his character before the public to the one person authorised to make, or

daytion. true or false, t-taking the trouble to worthy public aot; which was a vory libel-relations to myself

-not-adopted by a man who merely wanted whom such a lotter could be addressed, ascertain if it were trus. The question of lous expression and unjustified. Reflecta have ever had with the Bank had given him home to England. I know Mr Alex, the truth was not in issue before the jury; directly on the Bank that was to say, on the slightest protext or justification." That Manilashan Heaton. He was a broker in Francie, some portions of it that it might sud bis superiors, to clear himself from primarily qualified to ask the Directors

tion of lous expression and unjustified. "Redesta have re- Kyself nor any transaction I This was on the 30th March, the day preas it. That is the it was a defamatory Libel, defaming Mr the institution to which Mr Helson looked was to say, Mr Pitman's private injury is this Colony, he is now dead, He died in have been advisable even for you to have aspersions that had been cast upon bim, to make, such enquiry as seemed to the a defamatory libe), fore the jury: direct pression and unjustified Vory libel-relation referred to, for whip me at the Jackson handed me March last, tad to appear in his behalted instructed no win in these proseedid a better lilustration hat it was not to suspend Nelson, whether the writer knew it to be for his living. And then the letter pointed the source of this ebulition. He had been the latter ond of 1870.

put in.

but who vindlatively desired to see the writer of this letter to be advisable in the , whether the writer knew it to be the institution to which Mr Nelson the slightest pretext or justification home false or not. Beading the letter they had out the right and duty of the directora, for asked if he intended to give any evidence to

Me Francis: In a civil case, my Lord, defendant punished. The whole founda- interests of the Bank. The letter which almply to say whether they were satisfied which no doubt they would be very much show express malice. No, he did not intend cantile Bank in ues notes. It also receives no doubt.

tion of what he might all this antiquated contained the alleged libel bad first by that it was a libel on Mr Kelson, and that obliged. What the clear right and daty of to do so, because it seemed to him shat one deposits from customers generally, The

[Co explalu the remarks in the above con- form of proseeding with referende to scan himself he believed, been divided into three it was published without caring whether it the directors was is not very clearly stated, paragraph of the letter itself out from under Bank is a member of the Chamber of Dome Yeation we repro luce our report of 31st dalous and defamatory publications with de four parts, which division, he observed, was false or not, and they were satisfied he but it was to protect themselves from the the defendant's feet the defense that he was meres, and I am the Bank's rapresenta March of Mr Jackson's evidence in the reference to any man were calentated to his learned feland followed. He would desi

lead to it referred must have contemplated the probable son discredit resulting from the conduct of Ur writing with a bona fide public purpose and five. The Bank pays the subscription. Police Cart.-D. I M.

lead to a breach of the press. When with it now on the same lines. He sub sequences of his acle, namely, the dismissal Nalan. Now, what was the meaning of showed that he was admittedly writing in I am also Vice Chairman, I was pro- Mr. William Jaakaoa aworn said: I-am men carried swords they set their allied the 1st and 2nd paragraphe which of Mr Nelson from his post, then, the law that passage, standing by itself? Wers it the prosecution of a private vendetta. Then sent at the meeting of February 23rd, in the aerries of the Chartered Mercantile aharaators right on their sword's point refereed to a speech Mr. Nelson had made

Preferred a said the conclusive presumption of malice only one stick of a bundle of faggots, what he went on," Lader the alreumastanges, II zaade several speeches at the meeting on Bank and am at present insportling the When the swords ceased to be carried in the Chamber of Commeres ; they had was raised. He had now gone over the did it aim at What did that charge point have no alternative but to lay this com the 23rd February, The Repors shown in Branch Banks in the East. I received there was a reference to the laws of honour; heard it road. In that speech, in every

ut? plaint before you." Had he so other al- the Chambee book" is, I believe, taken ground in rather

rather a long way be would to except the removal of Mr Nelson It plaint before you."

en this lottor pradused some time in the after that honour outraged there was a challenge sentence of it, as Mr Neiron had told them not deal further with it as they would might be that it was intended to bring upon ternative? If it were a falas, slander- from the newspapers. I presume it is ap-on of Monday, the 29th. It

If it were a false, slander the Chamber "book" is, I believe, taken this lottar pradused some time in the after- that honour outraged thera

the 29th. It is signed and an exchange of shots. But the whole in the witness box, he referred to Mr Pis have the benefit of his Lordship's ex-him merely a severe censure, but they had to ous attack that Mr Nelson made on him, proved by the Secretary. I am a member Johu Pician. It came with the chit system of duelling, had departed the man. They had heard that document read position of the Law on the point

read this whole letter not only by the light a speech I made.

Mr Pitman hadhin remedy. There is no

le again ; but ha The Chief Justics: Mr Haylier, I give which was afforded by each individual para- doubt about that whatever. The law had of Committoo. I see a report here of book; one of the boys brought it. I whole system of personal vindication of and they would return bo

para-doubt

Answered the letter yesterday. I have outraged honour had dropped foto diare. would respectfully submit to his Lordship Aepesch I made. you notice that I think my functions are graphs, but by the illumination which comes a remedy to any man, who had a false and bir Francis: Will you road it ? Quastion heard the paragraphs you read. There is pute. Even the later romely, the resort to attain authorities and he would ask blow to

from the context. These three paragraphs slandervus attack made upon him. Theze is onse. Mr Haylaragreed with his Lordship. There referred to his public conduct; they all aireled fore it was not a fact to say that he had no objected to and argued; objecttion overrul certainly no truth, in them. There is no the horsewhip had gone too, it had been direct the jucy on the question of thei truth in the elatoment that Mr Nelson has ridiculed and laughed out of existence speech, whether that speech was or was not around that. But now they came to a charge alternative. He had a very clear alternative, Report

ed. alternative. He had a very clear alternative;Report put it and read, Mr Francia read-booted his attention to the Bank.

bean's trafiker in shares and has not and resolved. Its Anal death blow is all Me Pitman bellared it to be, stil, that before coming to read the libel, that was the wrapped up in darkness which might mean and one which, in the live weeks of the input

the recent case of Labouchere 9. Lawson, speech having been made with reference to ing question whether or not this libel was false. a very great deal or nothing bat which find-cubation of that latter, he might have been Mr Nelson, the shaance of

Mr Nelson, the shaence of any that he has not. It is a more expression of this alleged

Me Breroton The letter does not say Thero was not the least danger that r Pitman, and the spacchi bolng man As he read the Ant, the falsehood or truth ing it in a letter like this they would regard advised to pursue hid he thought proper communication from the Government au that he has not. It is a more expression of

that he has not. It is a more expression of this alleged libel said to have been per- irritating at it was, to say the least of I of this document could not be inquired into a most serious deliberals and grave charge. It had ben laid down in Kelly and Sherlock the subject, the Clisaber in Radly entitled opinion.

petrated by Mr Pitman would have led to whether Mr Pitman was justided, whether unless there was a ples of justification, as is It also referred to Mr Nelson's public cha that you cannot not up one libel against to consider that the question in before

to

Mr Johnson: (to witness)-Are you as a breach of the posse; none whatever, be had not a right to address on the subject, laid down by Starkie. That author said (practor, and was that which seemed next to another, The law said, you shall not take them. I learn from Chinese sourses that Inspector perfectly astisfied with Mr Nel- But Mr Nelson came forward now to vin. Me Jackson, the travelling fanposter of the 98). Too law always presumes in favour justify the observation he had made as to the the law in your own hands. If a man gave the Memorial which was presented the son's management of the Bank },

divato the casjesty of the law and to prevent Bank, the matter of the public conduct of of innocence; and therefore it is not required penalty which seems to hang over a man you a blow in the eye the law would not other day was got up by a gentleman rather Mr Brereton, in eroas examination: You one of those fine days, an assault on the Jackson was to the utmost interested, In

man you a blow in the eye the law world

Witness: Cortainly.

atmealf from avenging himself and inflicting Mr Nelson, being a matter in which he Mr of a plaintiff to prove the falachood of an of an attack upon his private character for justify you in knocking that man down, al- well known in the Colony, who is in the alleged calumay; on the contrary, it imposes any publis part he may take I think it though if one were strong enough he would employ of the Japanese Government, and have been manager of a Bank here yourself? caresse of Mr Pitigan, he conios forward which it would be lle dary, anything belag the burden of proving the affirmative on the right, also, that you should be made aware probably do so and would probably not be who is more or less mixed up with the

and to the name of the law brings exposed to him which was izzeguise, to Bud Would he fault with Mr Nelson, to reprimand him sa defendant. Tving the affirmative on the any publis part he private character for blow in the eye the man gave the defendant. The truth of the supposed aland- that Mr Nelson, again in virtue of his office pantsbed or not receive any severe punish- Opium Form and other matters in the

Mr Brereton: You have purobased the charge criminally. Would be the overity of the roularth called f er is in fact a ground of justification which as your representative, has long carried on mont; but one would be guilty all the same. Colony, and who is on very intimate and shares

have done this II his only object was for, or must be substantiated by the defendant," a bitter, active, and ceaseless opposition to Assuming that what Me Nelson said was a false friendly terms with the head of the Go-

Witness: I had better say I have, for I to clear his character with the pabllo so he had end, even to suspend him That Then the words of the Ant to which it was the Governor of the Colony, meaning His and slanderous attack, that could never justiverement in Hongkong. Now bearing in dare say I have

and his superiora? Would not that have this was simply a cumplaint, purs, and important for bins to call attention were also Excellenoy the said Sir Johu Foys Hen-fy a return hlow of this kind. A remedy was mind the manner in which equally sponta Mr Brereton: You have gold shares 7 been done a thousand times more effec simple and privileged, which was one of the emphatis.dictment or fendant having but gibe in a pair Commerce] by the that nenne is this my case, o in, that in the angust the with the Govt of a point of the speech merce; on behag taken might pindings oppose, that same and Me Nelma bat of emphatis. Having point out:That on the nesey]. Ioannot believe that such a policy is open Mr Pitman then closed his letter with aeons expressions of opinion on other

Witneer: Yoo, I do not have them now. tually by an action for damage, and at grounds on which he intended to rely. It trial of any indictment or information for in keeping with the traditions of your bank something in the form of subdued threat matters have been litised in the Colony, is any tiles tong in the manager of a Bank quicy they pretended to Court fall, formal who rightly or wrongly considered himself Mr Brereton: Do you consider that there the same time they would have made this on- was simply a complaint made by Mr Pitman a defamatory libel, the defendant having but even if it were nothing could justify He says "I trust you will at once give it I think one may justly come to the ou buying shatenie z EAT

in anything wrong pleaded much plea so hereinafter mentioned, his gibe in a public association (meaning the attention it demands and spare me the clusion something is to be done in this. I do not think there is any the truth of the matters charged may be the said Chamber of Commarce] about the it to the notios of your directors. What communication from the Government, its ing shares if he has money to pay for hem the difference between the criminal portion of the letter,

**** and searching. His learned friend posed, aggrieved, to a person who had the right the truth of the matters charged may be the said Chamber of Commerce] about the neaassity of taking other means for bringing mattor, and I think, in the absence of any

Witness: I do not think there in any for himself sad his client, as antusted by and daty to enquire into the maiter, and inquired into," it went on to say that it friendship with which His Excellency the it to the notice of your directors." What communication from the Government, it is thing wong in the manager of a Bank buy the most dignified and noble feelings ohnuld the facta warrant, to reprimand abotild not amount to a defence, unless it Governor has honoured me for the last fifteen that means is this If you don't, so strong not unbecoming on the part of the Chambering shares if he has money to pay for hem the difference between the criminal portion of the letter, he would trubmit that was for the public benest that the said years meaning that His Exualenoy Sir am I, so strong is my case, no mach do to favite some little amount of confidence thom TER VALK FOR THE REFZEUT. proceeding on which they were now enga the public condnat of Mr Nelson, taking you don't, so strong communication iron in the absence of his boying shares in the manager of a Bank qui same time they could damages, and at grople and privileged, amplain purs, and

subrate matters charged should be published; and John Fope Hennessy has honoured the said believe in the strength of my position, that in the matter, supposing anything is being und that to cotitle the defendant to glyo John Pitman with his friendship for the last if you (Mr Jackson) don't take notice of it, done. ruggest the Secretary put hims Mr Francis desi ed to call Mr Bytte to ged and an action for damages for libel part in the public affairs of the Colony, was evidenes of the truth of such matters oburg-fifteen years. Now that paragraph told its don't bring it to the holies of the directors sell in communication with the Govern. ask him if bir Lordship would allow but he had been careful to ez open to comment in the same way and

us a defence to such matters oberg-fifteen years.bis friendship for the last if you (Mr Jack of my position, that fe invite some little amount of confidence thom.] he has money to pay for His learned and noble faslings: chrald the ed as a defence to such indictment directors. beente Navig ed sus e defence to such indictment or id- owu store. It canid het be Laken out fe so that they falls notice of it, I will take wasnt and deal inquiry, whether on although he presumed from his Lardship's plain it to the jury from kis, qwn to the same degree, Mr. Nelson was as formation it shall be necessary for the de- the setting in which it found itself, and other steps to bring it to the nation of the thing is being done or a ruling on a point already raised-what his standpolat They must very plainly see liberty to adopt and to advance, buy opinion fendant, in pleading to the said indictment

and monk Well, Mr Fitman had been Nelson, further cross-examined said:--

is was of the speech made by Me Nelson, farther cross-examined said; uderstanding was of the speech made by that this iminal proceeding made it pos be thought fis on a public poparion on H.R. or information, ta allege the truth of the was not obviously penned with the intent xde Dalef Justio naif he had read bis of proceeding. They might pininly proved to the polio of H. E. Die Ge

information, la allege the truth of the standing whore it did he asked whether it directoring it to the nation of the thing is being don or information, la allege the truth of the was not obviously penned with the intention spared the trouble Mr. Jackson handed the That is a tolerably correct report of what Mr Nelson at the Chamber of Commerce; alble for a mora vinafotiva conse of the Governor. The moment HF Nelson

Lorward a and mid matters charged: lle read that in Well, Mr Pitman had beans being done." maid matters charged." He read that in this to injure, and therefore with mallee. Next, letter to Mr Nelson, and Mr Nelson had Faaki Each and every one of these re- ko man present at the meeting action being taken then any other method camos formed as a public man sud et way that, as they were without that ples of they came to a special and mischievous bought it to the notice of the directors forenses is to Me Pitman The Chlef Justion aid he had read his of proceeding. They might plainly sue pressed himself by his acts of words ng Justification, they were without that in this to injure, qualy penned with th whether it director to bring it to the moto take men in communication try put him Justification, the prosecution sould not be call charge which is not expressed in so many by bringing these provoedings. It had been

bons

Question put what do you man by evidence. Me Kyrie did not go into the that the festitation of criminal proceedings opposed to the policy of H. B. the Ge

be ed on to prove the falsehood of the libel. It words, but which bore out the Ianuando, the brought to the notice of the public and no- equally spontaneous Question objected meaning of Mr Mason's speech any further at all was far more vindicava proceeding vernor, that some moment, bo would satis

shove its trath; and interpretation, which is put it in the argumentment His Lordship, address protation of therefore they not having done to the false information Further would suggest fore Mr. Filman had been spared that new, a common sense could do. It was his inter Mr. Pitman or anybody elsen He spoto by binaal open to the public commist of was for the other ride to pay its trath, and interpretation, which is put upon it in the seasarlly the directors would see there to, and objes son uphold after long he thought than any man of ordinary than any letter that erat was written by mit to the Court, dil Me Nelina sabunit to

so information, I argument hood of it was presumed presumed in fa- that, having regard to Mr Nelson's public essity which he hoped he would be spared, in this argument His Lordship, address probation of how this speeche Mr Nelson's of Mr Fitman connection with the every man in this Colony or cleanliers, shown. It seemed to him, that the trial should be made into the ciruutustances under observation he had to make on it was that is in golug into a long examination on this very emphatic word-way to be laker Be the Japanese I these people around story bed

Innocens until the contrary was position as one of your staff, some enquiry That Anished the letter. The only other ing Mr Haylat anggested that one object tomarke described a containing gibe, Urine Fara with the Chinese with and invite drillelem upon bie pobila ink us and sayings that came mos

elements oralarenommen. believed any man of ordinary common were quite ignorant of our law and of ment story man betare entitled in to be faker Ho the Japan with the China be very men in the the public, comment of therefore, so far as the evidence went, most which he became possessed of a transfer of was very skilful one because it plied point would be that it would take the jury believed any men of ordiasry commcn Cure gens of be a very short one. He came now, to the als certain shares from the late Mr Heaton on up charge by charge and step by step, until entirely away from the point at isana sense was quite capable of anawaring that one working of 3 and they could not the same proportion to esposas his want to leged Hpel he would read it with its innu- the eve of his (Me Ha) embarrasmente attained an exceedingly formidable whole Me Francis submitted that it would de question for himself,

exceedingly formidable whole,

naderntand there Me Plamine omlosion or dimens from Mr Nolanak vloga bla endoes and make such comments as occurred shout a year ago. This was the interpres He could not say, was this expression libel-nothing of the kind, and that his Lordship My Francis rate its on he learned friend for murder and oriminal charge for any proplety of impropries polise differing from

MA FRANOLA BURCE

no distinction between a criminal charge oplatone to the dom, or yevladom, to him. He might say before going further tation they put upon it and asked the jury or that expression libellous Perhaps ought not to have made such a remark had told them in opening this trial it had thing oke And this warminal the Governor. Fatting himself forward Mr as the Governor Falling Ball forward that it was not necessary at pillibel should to accept Thereby meaning that the mo, perhaps year, but it changed Mr Nelson sod be in direct words. It might be by instien aid Horace Harrington Nelson had so do As regards Mr Pitman he ought to do and what not. If he had great deal of it friend had asked him and industriously wept before the publio for missfors hecho, te to the Interest of trenaid Horace Harrington Nelson had so col with publicly misbehaving himself in an Ell Lordship then fold Mr Fransis that had told them in opening this trial it bad thing gone. And this was CDIAN the Governor, geringfrom POEA, Indirect narration of and obtained a transfer of certain shares das Me Fraids nbmitted to the

cof-pablo two he would not be sold by Die Francis what sensed, he had no doubt, in the Colony charge, punishable by dos or impeliountant, pabila man, HRC stor pabilo Ada COLE, ARTOSA,

curration or refer caused a toe mer, Patting himself forward 1 ences A cclebrates 000, fation of rafon ruptly dishonestly or otherwise improperly or three ways. A regarde Mr Pitman he ought to do and what not. If he had great deel of Interest and possibly excites as Mr Nelson and his friends had studionsly but himself forward in polideal or other

case of that kind

imself, and done trong Me Frands should take the ment. He learned inclied crfidam of this pabia one which created a great deal of agad and obtained a trasfer of certain chaper Crom personally be bad misbehaved himselman the which created 1 great deal of argument, one Alexander M'Glashan Heaton, who had at regards the (fovernor personally. Than proper course to laro it put right and he asked them to pat all that calde and the style did not know if Mr Brandle the bustle that all able to hatersho mery learned comment to thought than if formerly afried on business animare privately he had misbehaved himself In Me Fratinis anbmitted to the Courte to consider nuly the unter sa Treant be Mr Haylar that tribil sole and peaches deserved, was one in which a lady was called broker in Hongkong had become et bare dealing with a dead diga's estate, or the better judgment, whetting, it was right to fore them here to-day's that now he did not could say by Nelson and his that be tutor been co a frezen sacker. It was the case of it Miss rassed in his affairs about a year before the estate of an embermented map subsequently suggest to the jury that he was trying to ask them to cast out from their mind, norblr Franole sidhu might parape be due to the card m Hoar (the mad was Hour and Silverlock) said letter was written, and had died hotare dead, and he had misbehaved Mimself de divert their attentions from the points as did he think he Lordship would them wrong in describing the China Megan eared in the critidsm. With referanos Co who was one question whetherton been injuriouxander, Motilashan he had ever on C who was connected with a lenovelant lu- the date of the said Letter, and his publie dealing with the affurn of his Bank. It was

ago Jay on que side that general Knowledge friend of Mr Melson but certainty Nelson's pock in the Casumber stitution, and the question he whether the position such manager as aforesaid had a sort of anedande coil spread around Mr The Chief Justice answered that Mr they bad of the bistory of the Chiong mors extraordinary proceding than the Commerce, and 16% reference to din bời jury could possibly take into ocunderution been injuriously affected." Now world Nelson's character, calculated rush it Francis was submitting to dietate to the racially perhaps of the last two or three way in which the case bad been conduct as a public man, there were matton

Pially perhaps of Colony, extrinsamkeit Certa

Within that time, there worn mat pot and kept before the public he had no open not only to Mr Pitman but to any a table or allegory, and it was, ultimately, prove that Mr Alexander Metflasher Heaton to anubilation. He could not say that Court, clearly decided that to call a person a frozen was a sharebroker, that he did hoesme em- be hind ever seen or read in any book of such Mr Francia aubousted that he was not toms of notoriety that they were quite ver seen the papers in the osse copied out person here. I was open to any to haro

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onely pubit at any person shall malisi

charge is not for publishing a libel knowing

Nel

rézy zarzow indeed in this case. indeed

was only one other point he desired to refer to

this

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or

as

to

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Cross-examined :-The Chartered Mer-

1

Witness: I have.

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His learned friend find explained to Mr Nelson, Willi refermos to the woond

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