1880-06-09 — Page 5

discussed them in the public press of the

Colony. He would ask his Lordship to

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but

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а

Wednesday, June 9th 1860.

REGINA versus FITMAN,

THE CHINA MAIL.

right of

JOHN PITMAN CONVICTED FOR LIBEL AND FINED $50.

On the Court belog opened,

A

a

the

in

it

Hbel.

as

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thick

it be-

Are

His Lordship then dismissed the ju remarking that they find given the great attention and that they could have come to any other conclusion.

Semions adjourned.

Quotations.

LONGKORK. Jame 9,

cob. 640

Now Benaros, chab, 697*

Did cab,

New Malwa, szédte; 750 à 7

Allowance, Thela 12.

Old MA, aredit,

Bank, Wire,...

하

Exchange.

Demand,

30 days' right, 4 months' night, Crédité, &, Documentary, 4 monthe sight, Indis, Wire

domand

Shanghai, demand,...

80 days sight, Gold Leaf, 003 foe Sovereigne

Shares.

BONETERM

78 74

27.40 5.33

Do. 1 ....... 29,870 Do

4 T.M FaRMOMETZE-91M....

His Lordship said he would much rather

Do.

Do.

a regular trafficker in shares, Me Pitman wore therefore not asked to pronounce Counsel there was only one care. He a regular trafficker in shares," Mr Pitman upon the statement in the second paragraph was neither a abarobroker nor a banker, that Me Pitman Wald

Bar that Me Pitman was on friendly terms with and he could therefore have had to depend the Government upon the evidence of others to show, by

a

Mr Francis twice stayed to quote some

athority to his Lordship," and” was twice

21.840

84

B7 ***

བོན་མ་

·Do,- (Wos bulb) 9 a.M. 89 Do Do 1 P.1. 85 Do. Do 4.x. 85 Do. Maximum ***

87 Do. Minha one night 81

*

|No. 5277.- JUNE 9, 188,

The Chief Justios said, the learned coun- was not sufficient that the balance bain such a matter, to get up a memorial on plalat before you," sel must connect the acts first with the puberen; there must be more evidence the subject. Read calmly, therefore, it cumstances" to which alone be refer, I can can be no set-off of ons libel against that fine be paid.

What are the aircisions led to the conclusion that the lyd llars ($50), and be imprisone instract the jury--whether the first part lie aapadty of the Bank Manager. The consistent with the belief that he is guilty would be seen that the speech of Mr Nel only saver the Impudent public attack another. of that letter would not have been a General at the head of his army, the Admi- of malice then that he is innocent befors son did not call forth the denunciation of upon himself, Me Fitman. I there-spech so an to balance accounts in

They could not read the I am doing right in this matter,

Mr. Francie saked the Court to allow in course of reasonable, proper, und fair criticism ef Mirral in command of his fleet, the Bishop in the question could go before the jury. the defendant, and a consideration of what fore impute to Mr Pitman that in bis this way; and the speech did not to explain that if during the

Coms Mr trial his bad seemed to be wastlag in Nelson's speech in the Chamber of Com his diocese, or the Judge on the Bench, In addressing his arguments with authori-was really said would not, if left to Air Pl-mind anger induced the letter, anger entitle the defendant to plead not guilty.

petco to the Court, that not moree? The sahjeet treated of in these wore proper subjects for publia criticism, ties more particularly to his Lordship with man's better judgment, have elicited anoh-furor brevis strong passion exalted in estimating damages that might be taken way in respect

subject two first paragraphs was che open for but their private acts were not so ameuable whom the question lay, Mr Francis refer anger as was embodied in the letter. Mr by a real or supposed injury, I see into consideration: but, sa Justice Black was further from his mind, and the public discussion, and if a letter written and their dinanasion would not be justified. rod to the letter as a confidential communt Nelson was opposed to the scheme of the no gronad on which Mr Pitman's letter can burn bad said, though cyll and criminal oversulfo AWAY

bir allent by any man to the publie pross was The Duke of Wellington at his Club, for aution justifiable and proper, it could not be said. instance, was not a good subject.

yon; and be hit at the spontaneity of the be treated as a privileged or protected com- proceedings were similar, even in a case curried him away so as to be guilty of that a letter written by a public man who

Bls Lardship could see nothing of that decument, which was the real object aimed munication. The letter is therefore open where the plaintiff had committed a bed sooming want of respect, he was anzior Mr Francis But if the Duke of Wel-nature in the letter. It was not marked at. It was due not only to Mir Nelson but on general grounds for you, gentlemen of greater than that complaired of the Jury Chief Justles bowing to Me Fam had barn attacked by Mr Nelson, and ad- tington stayed so long at his Clab day by private or confidential. He had written to Mr Pitman to put is thus to the Jury, the Jury, in your Judgment to decide would not be at liberty to return a verdict

been

The Juntias, Mr dressed to a person intimately interested in it Jura ro the matter, and from whom some reasonable as in your

terested in day that his duties at the Horse Guards many letters which had been published al for no man wished to stand forward a max whether it is or is not libellous like any of not guilty on that ground alone. In so-langhingly said, that though Mr. Fre red man tight have been obtained, he being rau a great danger of being neglected, it once. Mir Jackson showed his appreciation ing wanton attack on any one that was other publication written or printed. I do notion it would go greatly in mitigation of had twice fatly contésdiried him, he i

it onco, Mhich had been publion to Mr Piimant only to Mir empowered to vielt any irregularity with ioz, not what the Duke did at the Club, over to Mr Nelson.

being was then a fair question for public discus of its confidential natura by handing it not desirable. If the Jury would look at not as I shall prezantly show approve of Mir damages,

its confidential nature by handing it nos desirable. If the Jay setlony on that ground alone. In an langhingly said, that though Mr Fra It was for the Jury to my say ho only wanted to Instruct the C more punishment, however alight, came whether this state of things should in

assion, not what the confiden showed his appreciation

this communication of Mr Nelson's in this Nelson's attack on Mr Pitman, but for the guilty or not guilty: the measure of punish as to its duty; that was all. Francion Mr Francis: That les publication by Mr fair way of reading now pat, even than it no ezouse of bin anger I still loss approve of ment reated where he wished it to do, Bis under the same privilege with referocio the interest of the public service be allowed Jackson, not by Mr Pitman. to that speceb in the Chamber of C to continue...

doubt wounded and at, even than it no eroon's attack on Mr Fitment of Mr damages. doubt wounded and rankled; but this was Mr Pitman's attack, in the dark; for any. Lordship then explained to the Jury what Com merce, Incorporated now in the body of

The Chief Justice: But the handwriting often so with publio men, though it did not thing My Pitman knew, Mr Jackson might a defamatory libel was. The defendant had this letter, he would ask their careful at-

The Chief Justice: If he had said it was

bring proved, a ¡publication is proved by make the comment the less fair the reault have entered on his investigation with a not pleaded any special plas, and had Mr Pitman. toation to what it contained and he would for the publio good that Mr Nelson should

depended on the indiosyncracy of the man mind poisoned against Mr. Nelson unknown thus parrowed the limits of the inquiry. ask them in considering, to bear in mind devote his whole time to the affairs of the

Mr Franos summed up his segament thus bit. By way of defence or self-vindica to Mr Nahou, by this letter, and every was for the Jury to say whither the what the history of this colony bas been ask, and could have shown it, which is on the two portions of the letter, and tian, however, defendant need not have sent explanation of the Bank transactions might alleged libel was a libel, as, since 1792, for the last three years, so that they might very different thing, it would have been enls Lordship

very different thing, it would have been en fils Lordship particularly to regard in There were

quoted authoritice which he desired a letter that was not likely to be published, have been coloured by the secret sugges every Englishman must now be convicted fairly consider whât meaning they were to tirely different.

la Lordship particularly to regard in There were two obvious courses which he dous in the letter. MrJackson; in handing only by his peers; and any one who knew framing his directions to the jury. In aight have adopted-first, a letter to the the lotber to Mr Nelson did what was manly English history previous back the OPIUM-New Patua, cash....1643

to that would put upon these words. Mr Nelson was discussing in the Chamber of Commerce of the pubilo acts of a public man, the head that the circumstances must be utterly the words and denying the false sasextion; shewn greater magnanimity if his suger people. Upon the whole letter, taken or Mr Francis continued to urge the point Sommerville and Hawkinn it was laid down Chamber of Commerce, calling attention to and right. I think he Pitman would have know how necessary was that boon to the

kin it was laid down Chamber of adopted first, a letter to the oa in the latter. Mr Jackson, thugges, orory Englishman must 20 whether the Japanese yen should be legs of a public Institution, balag a fair and inconsistent with bona fides. In Manil and or clearing himself by writing to the news had had allowed biza to send to Mr Nelson whole, they would have to consider lized as legal tender for this Colony,

tenders put it that

He Spill, 4 Ex. LR, It was laid down that papers, the aul ject having gone before the a copy of his letter to Mir Jackson; as he whether the prosecutor had been exposed perfectly proper question for the Chamber proper anbject for public discussion.

mer put it that is would have boon quite lawful the question of bona fider must be presum public. Defendant, however, senda not did not in his anger think fit to do so, it is to ridicule, hatred and contempl. Was it to discuss, and a perfectly proper question and proper for any one in the beginning of ed noless there was proof to the contrary. public but a private letter, thus indiosting for you, gentlemen of the Jury, to declare a libot slaudering Mr Nelson, or mat f for Mr Nelson member the Chamber

as a bi do meron as a manner of hated 1879, when there was almost a panic in the The libel must not only be falso but be clearly that he intended it as a counter the letter libol or no libel on the evidence That was the only question they had to of Commerce representing the Uharter a of Commerce representing the Chartered Colony in consequence of oper-spoentation written, the writer knowing it to be falso. attack, containing sa it did many serious before you. Having thus disposed of the consider, as no prorocation would justify a Mercantile Bank to discuss. Mr Nolaon in shares, when numbers of poczone were Mr Francis next quoted the osas of Can- shargos, Mr Hagilar then said that the question for my decision after able argusvoond bel know, as they all know, as they, the jury-led, when there was very great depres- fiold Whitwell 118 Law Times, 627), intimation of Bis Lordship on the point of meats and a reference to library of The Jury then retired to consider their mon must know, that there was a cortalssion in the Celoup, when so many then in which oss the plaintiff was nonsuited privilego look away the necessity of case, I now proceed to present the case on verdi amount of prejudice against His Excellency and in the latter part of 1873 were e no express mallace was shown. In Cook his going over that ground. Aisita general asprots to you, gentlemen of the The jury returned, after an absence of the Governer of this Colony. In that pro wrecked on that over-apeculation, it would Wiss, Hart v Gumpach and other cases learned friend had most proporly-in-Jary judice, because of his latimaoy with H. then have been a perfectly fair question into which the learned Attorney entered, deed be could not quarrel with dz

about twenty minutes, and returned a una His Lordskip continued to say that the nimons vordiet of guilty. the Governor, Mr Pitman shared; so much for discussion, to be initiated by any the samo rule was observed. so that he had been made the sabject, one in the public press or by the editors,

edit the oh the leach and

Francis' course of defence, though one alleged libal had been admittedly divided The Chief Justice referred to the words in the newspapers of this Colony of as lunch wher

His Lordship, asking Mr Francis as to or two things, say perhaps that about the into four parts the reasons for writing it, used by Mr Francis on the previous day If not groster abuse than ang man now Institutions to our midst had taken part in himself in the last clause of his letter,

mon whether the managers of any of the public the sandbank Mic Pitman had raised for China Mail, had better have been left on the public acts of Mr Nelson, the private that there had been nothing wrong in Mr said)-alleged that by taking criminal acts of Mr Nelson, and the statement that Nelson's share transactions, alther with the living in the Kaat. Mr Pitman living in tus Raat. Mr Pitman was that disastrous speculation which was sim charged amou

Me Francis said that was consistent with, proceedings the prosecutor had done two the prosecutor was a regular traficker in late Mr Heston or generally, and that there charged in the columns of one of the local ply nothing else but gambling on a gigantis but did not prove express malice. The things, vis, he had show

locals throus

As no desire to attempt to justify, there they shown a vindictive shares. Deepapers with practically aninding the Beale. The existence of very large and ex- circumstances were equally consistent with spirit, and he had closed the defendant's Mr Franois put it that he had contended was nothing by which they would justly, Opium Farmer of a large amount of tenaive over speculation in shares was a malice and is absencs. Unless there was month. Now one was not generally sup that all the acts alleged of Mr Nelson were these references. He could not bus blak money; it was represented that the

represented that the fair matter for public discussion, Every substantial and proponderating balance of pused, when one has lost any piece of done in his publle espacity. Opium Farmer wea anxious to have Mr member of the general public was so far evidenes of express malice, it was laid down property or an attempt has been made to

that was a very graceful admission on the Pitman back again in the Colony so that interested in this question that he was en- that his Lordship withdraw the case from carry it away, to be vindictive to call in this was so, and then proceeded to analyse in that light.

part of Me Frande. He Hin Lordship reminded the Jury that her the prosecut la did not know Hongkong Bank, 58 % prem, buyers proceedings could be taken against him; titled to discuss it. The editor or proprie the jury sad direct bom to return a verdlet the services of the law; and yet nothing and comment upon the letter. The reason Me Hayllar said they simply put the ses Chins Tredure Ins. Co., $1,450 per sha whether prosecution was satisfied with Union Ine. Soc. of Cion, $1,425 per sha case why should any one in that Chamber of Cou; that his Lordship withdraw the case from carry it away, to be vindictive to call in why should any one in that Chamber of Com- tor of a newspaper had no more privilege of not guilty. Be referred to several cases was so dear or so valuable to a man as his given for writing the letter was, in a word, before the Court as a charge of gravity. merce have thought of introducing a rofor in ench a matter than any gentleman in the in which the writers were volunteers more character. The charge brought by Mr Mr Pilman's anger. Regarding Mr Nelson The Chief Justice: If it had been a divli Yanglaze Ina doo, Ths. 728 per she

olunteers more charson against Mr Nelson was frelson, riudicate the Govert able to

Mriven ence to Mr Pitman auch an de Kelson had bo

North China Ina. Co., Tis, 1,075 per sha ated? Why was Air Fitman dragged into one that an editor might have made the Carett and Richerds, in which latter different from that brought by Mr Nelson, to Fiudicate the Government, seeing to ou

Kelson bad box or auf one outside. That anbjoot was or less, including Davis and Speed, and Pitman against Mr Nelson was altogether as arts, the defendant came forward Why was Air Fitmau dragged into any in which the writers were volunteers

as a partizan, the defendant came forward sotien it could have been damages--one Chinese Ins. Co., $297 per abare, males the matter at all? Or he had for subject of a so-les of articles. He would the mate of

for subject of a so-les of articles. He would she mate of a ship wrote to a friend in that it involved the greatest moral that the Government was not able to Mr Francis called the attention of his Ohios Fire Ins. Co., $230 per share, was subject: a purpose to be referred to, why was have boun gaile justified in putting forward stating that the captain was given to drink obliquity. No doubt that part of the letter vindicate itself. from the attack in the Lordship to the letter addressed by Mesars LK. & W. Dock Co.,5% prem.

H.K. Fire Ins. Co., $840 per share. he not warned? Why attempt to Idon the question whether the manager of a ing. This friend was only slightly acquaint about Bir Nelson's public conduct, had it Chamber. In His Lordship's opinion, the Bearaton, and Watton to the plaintiffs E.K. U. M. 5.-bort Oo, #24 promo, mies.

doubt that part of the letter farthing. tify him by these covert aluslops? Bauk should be allowed by his Directors, ed with the owner of the ship, but informed gone home, would have been regarded Government of this Colony did not require solicitors, withdrawing the letter on which Why instead of discussing legitimately the whether it was pulitic or otherwise from him of the contents of the letter and as so much rhetorical fastian; but that any vindication from any private Indi- this charge was founded,

ave been regarded Chamber. In His Lordship's optaton, the Lordship to the letter addressed by Mesaraires. C% $230 per share, legitimate question of the legalisation of a public point of view, that he should it was held it was a privileged occasion costalning the private attack the Directors vidnel, and was gaits able to take care of

him of the contents of the letter and as so much rhetorical fastian, band Government of this Colony did not require Brereton, and Watton to the plaintiff B.K. U. M. S.-bort Co., 324 peers, mies. letter on which Shanghai Steam Navigation, Tia 5 par the Japanese

China Coast St. Nar. Co., Tis 100 per Japanese yen as currency here, be allowed, to speculate in shares and He left the case in his Lordship's hands, would have been bound to notice, lavolving itself, but evidently Mr Pitman did not whether it was a good coin and whether ether concerns on his own account. It asking that it be not sent to the jury, as as they did high moral obliquity

The Chief Justice pointed out that this Hongkong Gas Co., $80 per share, onld confiden the Colous conld confidently depend upon might be taken to be proved that to there was no evidence of express malice.

on the think that this was so. Me Hayllar, in

not was all in this letter, He withdraws the Hongkong Hotel Ca., $69 pez K, buyan part of Mr Nalsou an a servant of the Bank,

Mr Hayllar, in letter; it bo had said then that there was Obles Sugar Babning Co., $150 per ann is purity being upheld by the Japanese did not gamble in abstes, It might bo

DARK? (that suave mander of which he was master, It was now six o'clock and his Lordship and giving him, RR Goverment, Why were these references

they did, the worst bad endeavoured to show to the Jary that

sale. the Jary that nothing to justify the insinuation complain- most respectable and legitimate baalness, called Mr Hayllar's attention to the pile of charactor as a servant that could possibly Mr. Nelson's speech was perfectly polite made that he had mentioned It was an but it was equally a fair question for dis books around him,

Obiraso Imperial Loan of 1874, nomin attempt to work on the prejudice known to cussion; wore his hands perfectly clean the

the be given. As to closing the month of the Mr. Nelton's speech was perfectly polite ed of it would have been vory different

Do

of 1877, do. Bir Hayiler la language, and that her Pitman ought not further. I intended it to do so. I meds ooks are said he would be able to defendsut, he admitted that In a general to have get into a passion over it. Theft my duty to admit that, at the very ba neral Mr Mr Franois: What I said yesterday gous exist against the Governor. Why refer to same right remained to discuss this ques deal with them he thought very satisfac sense this to a certain extent was true. Jary might be perhaps incliued to scoept

general to have got inrhaps incliued to scoept ginning of my address a gentleman well-known mixed up their manager to enged if it was a ques Mr Blayl "a gentleman well-known," an intimate tion whether the directors should allow torily to-morrow moralag.

"an

Temperature.. Friend of the Governor," and "mixed up their manager to engage in traffic in sharesore discussion arose as to the right of on the

But the value of the argument depended

(Taken at Merre Falconer & Ools Premis with the Opioni Farin and several other on his own account. And if it was quee Mr Hayllar to reply.

to the right of on the nature of the charge mada. Those the speech Itself and judge of its nature for drawal of all charges and apology words

on the nature of the charge made. Those these bland terms; but they would read ginning of my address to the jury.

nature of the charge tada. Those

The Chief Justice: A more ample with- charges which rested entirely upon the the barges which rested old Mr Pitman sklaned and could or could bear any client, and they

Quem's Food.) "in a matters." in the employ if the Japanese ties for fair discussion by the public, it be Mr skinned and could not bear the lesat breath

The Judge held he had the right to reply evidenes of others, how could Me Fitman thanaelves. Some people were very thin could not ourry. Government and go ou, rave to utilise to was much more a sabject for the direct as the defence had put in evidence, and ba prove? Regarding the inquiry as

ou, Fave to font. And if it was

Hoxexora, June B. the utmost the prejudice existing against the or who had it in their power to put a stop the authorities cited.

Mr Hayllar, after consulting with his

29.890 Governor, and through him against Mr to it. Mir Jackeon, to whom this letter was

to of censure, while others could bear any transaction fo Mr Eleaton's case, which was thing, however coarne or fine; but Mr hands.

ine; but Bir client, and they left it in bis Lordship's Pitman as a friend of bla, and to prejudice addressed, had it in his power to report this

Court adjourned till 10a.m. to-morrow, noting more than hearsay, there was the who did not see those who heard him further sgainst them, matter to the directors, it was his duty in

highest probability that Sir Fitman could Pitman, who did not seem to be made for bands. highest probabhether painfully.

much publio warfare, felt this very and against the proposal with which the fast to look ontofully into the matter and to

kn w nothing. Whether defendant's mouth of Me Hayllar had done very not have it no.

sue of 20 insurance, is painfully. varg apeaker alleged Mr titman to be concerned, apeaker alleged proposal with white matte

was closed or not, was of no importance, concerned, report it to the directors. What had Mr

Wi Pitman in any a Mr Nelson being wore the stement in the second terms with sathority to his Mz Fitman in any case could have said beat question at issue; and the Jary Courel there was only one cours. He wholy in opufining the question to the Mr Hayllar remarked that although there the legalisation of the yen,

were many courses open to his Lordship, to question Pitman done. ile had not as he might which should have boon discussed te heitm

nothing about it. As to Mr Nelson being

As to Mr Nelson being was not in a position to assist his Lordship. had sail without reference to such differ on this subject. He had not talked all over have done rushed into print with his views ences and prejudice. What was the affect

flect the town about the matter, but he had of these references on those who heard written a lotter about it to a gentleman

The third paragraph them and on these who read the report in just arrived a couple of daye befers, who

Paragraph Bathority exaayed the newspapers! Any one who read the had the right and power to enquire

by an analysis of Mr Nelson's conduct over required the careful consideration of the told that sometimes wisdom, lay in eflenço,

obably receive all the stand up,

Me Pitman having been called upon to account published of the meeting could not thoroughly into this matter, and see whether

long period of time, and a great variety of Jury, and would probably receive all the great variety of mare care as Mr tayllar had disentangled Mr Francis continued his argument as transactions, that the prosecuter was such at from the two first parts. The inquiry The Chief Justice addressing him said

Hayllar had disentangled fail to see that that was a deliberate attack there was anything wrong about it. With to the question whether Mr Hayllar could trafficker as the letter described him to be suggested regarding transactions with Mr I have considered this case with a good apon Mr Pitman by a deliberate attack thoroughly into and power to who upon Mr Pitman by Mr Nelson. Whether regard woll-founded or ill founded there they had regard to the charge of buying and sell or could not reply.

An to this alleged trafficking interfering Heaton implfat that Mr Nelson, in his dest of pain. I must say that I think this an attack made publicly on Mr Pitman by lag in shares amounts to, he simply ang manner in which Mr Francis had quoted that was a reere matter of inference; and thing which required to be inquired into, antion. I do think it is not right, parti

bring shares, which was simply what traffick

The Chief Justice complained of the with Mr Nelson's fanations as a banker, Mr Nelson, in his place in the Chamber of geated to Mr. Jackson, and through him to some of his authorities and also for having in view of the specific charges to be and it was pregnant with the insinuation cularly in

capacity as Bank Manager, bad done some case should have been tried as dvil Commerce. He would submit to his Lord the Directors of the Bank, whether it was fally contradicted the Court; and then sabetautiated, therefore, the argument something would come out of it not crodit- throw upon the Judge when it can be amall colony to this, be ship on the authority of the case of Laugh a right and proper thing for the Bank decided that Air Hayllar had

general that the and it was pregnant with the insinuation cularly in

Left Fame, general that the defondant's mouth had been able to Mr Nelson. That was a charge avoided the task of abusing damages in a dug. ton v. Sodor and Man, to which he would to allow their manager here to do. Mir right to reply adding that Mir Hayllar closed fell to the ground. There was which it would be for the Jury to say was case like this, for that is what deciding the

was more, particularly in mede-up his mind what he was to say to fend more particularly refer by and bye, that Pitman bone fide believed that it was a fair need not address the Jury or the queation one piece of evidence of some impor- or was not libellous. They would put degree of punishment comes to, for Lace sure 17, Coldstream,

9, Eliz. Rickmers, Mir Fitman, wrking in self defouse and in subject for discussion, for consideration of privileged communication, as he had tance to which he had not objeatod. De- thomselves in the place of Mi Nelson, as if Mr Bayiler does not seek for imprisonment. Sept. repen, reply and dieproof of an sttack made and for enquiry. That being no and be made-up his mind what he was to say to fendant's Couveel bad asked Mr Nelson they were the servants of a Company, and I think that not only here, but elsewhere, 29, G. Broughton, pubiloly on him by Me Nelson, would have having addressed the letter only to Mr the Jary on that point.

hasing add of privileged

whether he was a dealer in those objectioasay whether the tendency of the statement that the libels which form the hoof of t boon justified in characterising in the Jackson and to the Board of Directors, bus the having addressed the letter o

Mir Hayllar then replied. He maintainable form of sharos known as time bargains, was or was not to damage Mr N. position criminal proceedings should be those only 11, Pym,

subject of ct. public prints next day, the speechs of bit he contended that it was no libel, the ed that the reason why they were there end Mr Nelann had replied that he never a avant Nelson as false and slanderous, and if that writer being privileged in communicating was that Mr Pitman had attacked his had had one such, and had never had the Directors in London, and it was made on persone in high position or which 23, Floders, were admitted, then much more was be with those parties who wera interested in allent in his professional character, the mything to do with

aa-aervant. Mr Nelson was the agent of in which there are slanderous attacks, justified iu, nut discussing the matter the subject matter.

time transaction against him as a servant of that Board, scandalously

aficet publie He wont to thess very potata on which a man holding Mr which depended upon a margin to be paid against him as a servant through the columns of a ubwapaper as he who were best able to know their own Nelson's position was most sensitive--in or recaivot. When the prosecution had isocis had ingeniously put it that this criminal proceedings, but when they are Jan

13, Cleaveland, was entitled to do, but addressing in business, and simply called their at that particular opening where the thrust such a piece of evidence, brought out by was stated because Lir Nelson held a public ordinary defamatory libeln ariminal pro private and confidential addressing it a business, and simply called their al- that partiusion was most sensitive--in or received. When the prosecution had and because he was such servant. Mr these must necarily be in the nature of private and confidential manner only one tention to the wisdom of consider passed through the joints of the harness. Mr Francis for the defence, nothing could position; but that was of course subject to coedings are out of place. The prosecu 10, lara, consider passed through vary ably and ingeniously becklesenses of the charge that when libel when Mr Heaton That socmed reasonably Nelson oreals for avantation complained of Feb.,

9 Singapore, man, bo being Mr Nelson's superior, ing the question; whether their agent Mr Francis had very ably and ingentonaly be more calculated to show the extreme the opinion of the Jury on the point tion for libel is not vindlelive. After 10, Niagara,

should devote his whole time to the argued that-hile defence mainly rested on reckleness of the charges made, fle (1r When it was alleged that this was done what has been sald Me Pitman ones not 10, Annie W. Weston, New York thole time to the argued that ble defence mai privileged Haylier) had already said that when libel when Mr Heaton was noted reasonably through his Cotinsel yesterday which 31, Moore into the conduct of Bir Nelson in the interests of the Bank and not engage the fact that the letter was a privileged Hayllar) had already said that when libel when Mr Heaton was on the "ere of his say that bis month has been shot He matter, and act as he thought fit on what in onteido transactions. The Banker's communication; but as His Lordship had was defamatory because the writer had not embarrassment," that seemed reasonably through his Counsel pestorday, gara Me 29, Hope, he discovered on enquiry.

confidential position, the trustee to some already intimated that he had made up his taken the trouble to inquire whether it was to point to the maggestion that damage Neleon ored for having done nothing which The Chief Justice pointed out that in extent of the depositors, the financial mind on that polut, he would merely make false ce true, the writer of much a libel had been done to the general body of would justify the insinuation complained of Feb.

the Enancial asily intimated that he had bonde hip had was defamatory body said that when a libel When it was alleged on the point. tipp for out of place. Tho the Manx case the Bishop was not only adviser of half the people of the Colony, one or two observations suggested by the committed a very grave offence and the creditors; but it was for the Jury to say in the letter. 200 justified in using strong language in his cognisant of the affairs of all the anatom piece of evidence put in by the defendant's gravity of this charge was soficient exonera whether or not this suggestion was pregnant which is unvaluable to you and should 10, Lac

I look on this as an minion: 1, Figaro, own detence but was justified even when ers of the Bank, should be allowed to deal Counsel. Mr Nelsoo, at i pablia meeting tion for his olisut for having indicated his with that insinuation. The allegation that be satisfactory to the prosecution must 10, J. & Thompson, he became abusivo.

In shares and do other business outside of the Chamber of Commeres on 23rd position by a criminal prosecution. They air Nelson was a regular trafficker in Bay, Mr Pitman, that had that letter been 11, Gora, Mr Franele agreed. The Bishop usad the Bank, that he should make such a February last, when the subject of dia- were all excordingly fudebted to His Lord shares," was rather vague; and the Jury written by you without the cause which you 17 Valley Forge.

Bank,-that ware Mr sey, much stronger language than Mr Fitman suggestion could not be taken in any way cuasion was the introduction of the Ja ship for shortening the proceedings and would have to put a meaning on it was it set forth, and refer to in theas two passages, much stronger language than Mr Fitman the

stronger language the shop and shares and do other braised to deal Counsel. put in by the defendants committed a vortex of such a libel to point to the rast med reasonably through his month has been shak Hat 10, Annio W. bad used in his letter. Mr Laughton,

Ja-ship as a libel. Bir Pitman was interested in pauess yen as a coin, made some remarks, saving them from going over the ground as to his credit or not? And the point raised, had this letter been sent spontaneously barrister, had made certain statements the trade of Boogkong and Japan, be in which he referred to Mr Pitman in to privileged communication. He hoped whether Mr Nelson was able to devote by you as in charge against Mir Nebon, affecting his Lordship before the Keys, the the in saving them from going over the ground as his credit or damag affecting his Lordship before the Keys, the was conncuted as adviser with the opium curtain descriptive terms. Whether these that the Jury would come to a right and a his undivided attention to the interests of 1 should have passed the savorcat, the 23, Highmoor, Parliament of the Isle of Man, and the farmer, and sa z resident bere he was in- terme might have been isss southing, less righteous decisica, Bishop in convocation or lesa sarcastic, it was not for

Hop had described ferested in the subject matter of the let ambiguous, ole. The remarks were made to the question of privilege

the Bank," was also for the Jury to con- most strong punishment in iny power his assertions as false and slanderous state-ter and was fulig entitled to the benefit them to consider. The remarks were made to the question of privileged commanies trader in that a trader might invest his specles of libel which could not be sag.

The Chief Justice, addrossing biowelf Cret atrue. A trafisker was different from a under the indictment before me. This Michae ments, and had referred to Me Laughton of privileged occasion. Mr Pitman was by Mr Nelson in his public position upon tion, said: as a calumniator and a wicked man. He was fairly before the not only addressed his chargo to his clergy, privileged in the letter he wrote if he a question which is public position upon tion, said : not only addressed his chargo to his clergy, believed it was true and apart altogether meeting, and which had a peculiar interest that this letter to Mr Jackson was a traffic as street traffic, had a busy There is a great deal too much of that it has been contended with much energy money for years in shares and other ported by truth or fact shows a malignant ergy concerns while a trafficker the word mind which should be curbed in some way. but sent copies to the local papoca. It was from the question whether it really was to his client as the manager of a Bank. It privileged communication. First, that it signification would frequently bay and species of libel in all society and not decided, that quite apart from the question true or not. In justics to Mr Nelson it was of fraportamos sieo to the Chamber, this was made by Mr Pitman in the discurge frequently sell, and had a special signifie tess in this Calquy than ir sons other whether what he alleged in his obarge were was only due to Mr Nelson to say that so far introduction of a new cola; and the allusion of some public or private duty, legal or anca in view of the past experience in this But when you say that wincing under this true or not, be was justified because his budas Mr Pitman know, so far as anybody knew, was in referencs to a memorial which bad moral, in matters wherein hin interest Colony. The defendant had pleaded not gibe, under the pain caused you by Mr acted in self defence, because what he had whatever transactions he had with Mr been presented to the Government by is concerned, or Sesandly, that It was guilty, and (His Lordship continued) so the Nelaun in this speech which has been

or was ban lilus by Motion were fourth part of that sinustion defended honestly boarding Mr legitimate thing to do moral tho de se said was in answer to an attack first made Beaton there was nothing whatever in certain people, includlug some Chinese, privileged, as having been made to Mr letter itself showed the grievens prong pablished and now appears in the official 122, Jamaion,

lilm that on him by Mr Langhton, that the peedaion them, so far as they knew, to reflect on Mr Nelson was commenting upon that fact Jackson in the honest belief that it was under which the defendant suffered which, report of the proceedings and in the book 13, H. Conr

our and communication were privileged. Now him in the slightest. It was not their at this meeting of the Chamber of Com-important to Mr Jackeon, the person to in fact was referred to in the letter from of the Chamber of Commerce, web 26, 0, A. Littlefeld,

privile he came

to the third and fourth parts of the intention to justify what would be the in- merca, and hepat this consideration, whether whom it was made, and that it concerned beginning to end he would look at the printed at their expense and ratio 27, Aarrers ()

worte letter. His learned friend had admitted that sinuation of that passage in the letter, the memorial alluded to expreuzed a the interests which he represented. The Chamber of Commoroc report, The Oham-them, it being shus inferrable that the 30, Atalanta (a) were there a word of truth in any imputa. But he defended that partion of the letter genuine want or whether it was for- conduct of Mr Nelson complained of does bar was the most important body to the Committee have adopted or approved 30, Emas T. Crowell, tlon that may have been made, as to the because Mr Pitman honestly believed it at warded in compliance with the wishes of not come within the former category, and 1 Colony, and had deservedly great influence of it, I can quite understand that propriety of certain transactions between the time to be true, and regarding Mr certain people. This was perfectly am of opinion that it does not come within both here and at Home What did they you as a gentleman having commorala in pri Mr Nelson and Mr Heston, or with regard Nelson as the manager of a publie In- legitimate subject of comment and a very the latter, and that on neilber ground is find? I lean from Chinese sources that terests should, feel that very severely in-

regard to his traffic in shares generally, Mr Nelson stitution bond fide put it before Mr Jackson, legitimate thing to do; while it really the letter privileged." I am further of the memorial which was presented the other deed, nor do I wonder, that you should love

6, Conqueror, difer would be unfit for the positions of high and Mr Jackson only, believing it to be Mr conveyed no charge of moral obliquity opinion, that, giving Mr Pitman oradit for day, was got up by a gentleman rather well that proper restraint over yourself rich

7. Basie Welt, trust be held kore. His learned friend Jackson's duty to enquire whether there was against Mr Pitman. To say that the de- susence of calice, but in so far as be shewn known in the Colony. He read sarcasm in every man should have. The charyn hav

8 Carriola, therefore admitted that it was for the anything in it. He admitted that there fendant was well known" was not Ubel- it in the commur.ination, there is in the the word rather Who is in the am, ing reference to Mr Nelson's dealings was 10, South American, benefit of the public that suck a discussion were certain passages in the letter de-lous; and to state that he was in the letter abundant evidence that Mr Fitman ploy of the Japanese Goverment what of the most geare kind, is insinuated's great 36, William Tazzer

iration, there is in the the the Japanese Gover be to deal deal more libel referring to the trace 17, Kepler

| or enquiry as Mr Pitman'a letter anggested famatory, but for these ho claimed privileged employ of the Japaness Government was, wrote the letter with the intent to lejare is that? It may or it may not be to de: deal more than it uttered whilst the pas 16, Willini Manso,

Fitman, lions, should take place. He should ask his cocasion. The question whether the oo if true an honourable circumstance, as then Mr Nellica in the opinion of his employers fendant's credit. Who in more or less sage of the libel referring to the trafficking 16, Matsor

harcal and red coalive whowever, other did he was Governor said to the jar pitman, back at Lordship to direct the fury that the Ghar calon was privileged was one for his Lord defendant would be a colleague of some of The letter beglas by complaining of a mixed up with the Opium Farm" some in ahalbe, specially having regard to the 17, Kepler

| tered Mercantlle Back was a pubile institu ship, and it was for the jury to say, it this the first men who have come out to the false and slanderous attack" wade by regard the Opium Farm as tolerable, and anteoodent story in this Colony, Ano 20, Wverler (a.)

if

that My Its Managers publier accounts, nes fast-Mr bio. regard the Opium tlozi, chartered and privileged in this Colony; was a privileged occasion, if there was that Rast Mr Lay and many others. To say, Me Nelson on him. It complains in angry some that it is not tolerable and that any a very seriona abargedink you were gond 24, Hector Its Managers publish accounts not merely proof of express malice which took that again, that defendant was more or less terms of the gibe" at him in the public one who touches it dolls his fingers Was ed greatly goaded to writing this letter. 123, Yorila Maru (2) for the shareholders, but for the public, privilege from him. First, however, there mixed up with the Oplam Farm was no meeting. I attribute to Mr Pitwan thats gibel that was for the Jury to answer am very much lustined to regard 11 as ro 25. San Joaquito, and they were circulated all over the world as the preliminary question whether discredit one way or other and to state he used the word advisedly, it is a scoff, an intimate and friendly terme with the head movable that a previous libel, we all wad os m He submitted that the proper management there was or was not any evidence to that he was on intimate and friendly terms expression of consure mingled with oon of the Government lo Hongkong de, doet of our briminal, izist on a libel chargs 37 Charge

be allowed or Sre Ald matter of Franch of that management or the preliminat, however, there again, that defendant others. To say "false, and slanderous complaining of fendants creat may not be to be of themost grarekin, Melon's derlings was Johan matter of public Interest to every person or otherwise of the writer. There was he proach. This was bald to be a gibe, but if tho accepted meaning of "gibe," and it sp, covered by these words, and whether they law that when Kra

go before the Jury as to the mallos with the Governor anrely implied no re-tempt, taunting and asrosatin words; this is the Jury would have to fad what was But shay fe not the law is Thin

ry welds, has who might be depositor, who might hold contended no evidence on the matter. The they looked at it carefully, the jury would pears to me that writing under the gihe aid of did not contain an amputation af and has had a prayloni libal: the notes of the Bank, or who was in any letter was not, he submitted, one that had and that it was not sc. Here was bar Pitman, most; able sooning by Mr Nelson way interested in the trade of this Colony: pare to me way interested in the trade of this Colony; been written to make mischief but a in the employ of the Japanese Government, back at the first appropriate opportunity Nelson's speech at an able gobasa was Court and the Court in bound, lende

and he hit some kind on the defendant. He regarded becomes a matter for consid submitted, one that bad they looked at it carefully boa gibe, but if tempt, taunting audi asrosatin words, this of the Govendiendly torme with the head we very much. Inelived to the letter 101 Yorba he was interested in seeing the Bank pros bona fide business letter auggesting certain who warn the persons seeking to introduce If the introduction to the letter does not it an expression of censuite mingled with ing the ordlakey sentance.

in in of the Courtjandile perous and seeing that its local Branch was enquiries in the interest of those to whom the yen here that made it important, strike the key to the letter, anger, pugne con lampt? He had saldom read anything Imposed weeshers neuch algumatapos

nquiries in the interest of those bo whvor and foolshed a nouns and proper reason cious codically the final outpouring oppositamber and whom that this lab properly conducted load Branch was bona fide business lette mischief but and that it was not sc. Here

enquiries in the interest auggesting certain we employ of the Japanese Governmost; able aoofing big ander the "gibe covered by these words, and

here that asking to futroduce If the introduction to the letter does not Mr san gibe The Chlef Justice remarked that what regular in Mr. Nelson's condust sa Manager for the oemment

he wrote. He suggested nothing wrong or and furnished a sound and proper reason dogs anger, the last monteuce but two of so strongly sarcastic id they may well Allow to pravio libel case as motion, Irregular in Mr. Nelson's condu&or and furnished a mound and proper strike the key to the letter, anger, pugnet an expression of conatite mingled with ing the ori Mr Finals said about the Laughton of the Bank. Mr Francis then referred to being an intimate and friendly terms with of Mr Fitman's wrath ke bere sires ingetrage. The Chamber had aao IT CLEAR HAR HOT

the sad Bodos and Man use is very import the authority of Starking on quiltedly the Governor would naturally give his reason, bis only reason for troubling embodying the speech fulles ben elferred Glutions (C.)

Besides, defendant the letter, praodcally the final outpouring suppost hat defendant was in extorch is were in the antenes. I feat sorry Tatania a friendly terms with of Mr Fitman's wrath is for theme which has far was very import of the Bank. Mendueta Manager frished mound and promptant, strike the key to And so far were concerned, legal, social, or moral the letter to Mr weigh with my Than, again, there have troubled, it acting in the dla Lexdship then affect that any individual their the person before the Cours Agnes Malz And so far in the first two paragraphs privileged communications, p. 508, where importation and waight to it any repres himself or Mr Jackson about Mr Nelson reports anctioned if not adopted and went here which has been altered

the alleged two paragraphs se authority of Sturkis on quittedly being an intimate and friendly treat the letter, peaotically the final outpourioso strongly, sarcasito do read anything Lotpoood whether as much of

libel pegastece covered for other the negativen bis ante dal to the ecotoma of case na in this an education, Policial the because it is not one for imprison of the alleged libel were concerned, legal, social, or moral duty called on them station from an intimate friend matat and blaffair, he expressly says that had the the ranked until Mr Jackson, be to, in which claragmen, all sort of thing. There were now, however, the questions of that privilege covered the letter to Me weigh with any human being, whether it not been for that attack he should not Bank Inspector, perived. These choum had been alleged against him, they found Abfel Abbok There rences in the whares to the truth of volunteers If he ball was ment these references and the anggendon or to view to do what he wrote he was the sign posons that power thers too eeting referred direnmstances these references in the letter to the affairs Jackson, which Mr. Pitman wrote, is being Governor or other. Then, again, there have troubled himmell or Mr Jacken, he stances raised the question of set off Hit for him for a farthing damages and the Eden. of Mr Heaton and the anggestion of Mr his intarest and bis duty, according to his was the terdship then quoted Juice Kengop, judge would not have - They expressed as Nelson kaving been a traieker in shares to vise to do so, wills the belief he had in him as memorial, which might have a great charge of any public or private duty of a however, to the affect that any individual theit disapproval of the verdict in that pre the neglect of his business, in shares to vise to do so, with the bellef he had in him as memoria charge of haring got up the bimedf, negativen bis acting in the distance rated the question of sebolf Hit for big for farthing damages and the Abfal Abbott, Mr Francis said he submitted that they Fitmna were's volunteer, even then he was the signatures were false and spurious; but reason for his charger, I should rather any public Ute ought to confine himself to the wa gentlemen of position and educations Perronia (c-) to the truth of what he wrote. Even if bir variety of meanings. It did not say that legal or moral klad, by giving as his sole who takes his ground on the trees of case a la tal the person before the Court Age Malz were criticisms only of Mr Nelson as the in the same way protected. If he believed a man might possess that power of argu- faninuations, squiuet Me Nelson Mr. Nel areas chosen, and thero reply to his op- and be should have known the dangags be manager of Chartered Bank, which he in the truth of wast he stated he was went and fascination to induce others to son's impudent public attack upon me at porant and that the Judge Kenydu was was doing. It hardly tap leatly

a sabialtted was public institution, the entitled to public acts of its manager being a fit sab quoted from Starkle again to show that the better that was a perfectly legitimate up by saying "under the circumstances which Bis Lordship regarded as full of case is difficult one. The antque

verdict of not gulity. He sign such a memorial, and if so, it was all the meeting referred to." He winds this disposed to let them fight it out in romark whether I am doing right or wrong, the Vale of Nich. Teak for public discussion.

express mallare again to it. He signs and fascination expresa malloe had to be proved it thing to do in politics, to any one interested are no alternative but to lay thin com good souse. The current of modern de that the defendant be fined in the sum of Miramar (1)

a

qualified and entitled to look thoroughly

and

i

world.

of the local Bank was a

And

of

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mater.

o

f

wi

A

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cirqulated by

⠀⠀ Shipping Intelligence. The following is corrected from the late London and Colonial Papers, do, ¦---

VESSELS TO ARBIVE,

·ET HONGKONG.

From

Fenarth

Antwerp

Flushing

Antverp

Antworp

Newcastle

Antwerp

249, Jatuss Shepherd,

Melbrek,

24, Grecian, 19, Roselal,

6. "Angonor, B, Prince Amadeo, 8, Constans, 8. Marie Louise, 49. Lasker

Antwerp Bamburg

Cardiff

New York London

Cardin

Antverp

Cardiff

Antwerp Cardiff Cardiff

Cardiff

21, General Fairchild,

Flashing Antwerp

1, Humber

Glasgow

5. Helen Marion,

Cardi

Cardiff

Panarth Pozarth

Cardiff

12, Rices Ganovs, 12, Raphae

Cardiff

Cardiff

London

Cardiff

Card

Cardiff

Penarth Nestle, x.. Liverpool Hamburg

Cardiff

Peoarth

Antwerp

London

Haisburg

Nastle, .8.

N'qulio, 2.8.

Cardil

London

Leith

Liverpool

Penarth

Oldbeldes

brth

Florence Nightingale.

Fat Bamburg.

dorp

At Glasgore