1881-08-26 — Page 3

&

hour and a half. Itoost nothing extra. I saw

Mr Wicking on the morning of that

that Hine..

.me.

The Court then reo for tin.

On the Court resuming,

J. E. Beale: I am a printer: I have served

the usual 7 years, in all about 30 years. I

have been in the Daily Press for nearly

I am now in the Hongkong Telegraph. I bave

THE CHINA MAIL.

other draft to Mr Lubeck than the ons in question.

i

but told

turner

wo

there. Ho did not.

a

cou.

8

was

und for connection

continu

referret Thisposed of

to t

No. 6659-Avauer 26, 1881.]

strongly advised me not to take it. I drafted he asked me about my affairs. It

His Lordship said it had doue no harm. for any one, or to starting one, because he not worth going into. And Mears was a matter which Mr Fraser-Smith Let it pass and go on........

had lost 811,000 by the Eco do Povo, This Jardine, Matheson & Co. (against whom the himself had admitted Mr Wicking had the letter of 7th Junemyself, no one dictated soomed to me quite in the ordinary course il to me. I think I must have sent that on that he should ask me about the paper. I A Juror-Could we be supplied with Mr Hayllar said there was occasion for say young man was no quite of age last year inagnificent one has a special animus), and nothing to do with. That was, the next or a colunt Gover the 9th as Mr Wicking'e letter is dated the had not made up my mind the first time he a list of the subscribers to the Telegraphing "no bounce" when a witness said, He was inexperienced as a man of the the shareholders of the China Sugar Remove or a cliberate statement in the 9th (this letter turned out to be datod tho came up, I was not unch inclined for the to settle the 50 copies question?

valled him a moan hound. Mr Wicking world and as a man of braincas

man of braincas Mr fining Company, are reported to be in a thin Mail that the columns of the 7th). The letter sent to Mr F. Smith was paper. When I gave him the agreement I Mr Francis and the jury should see the looked vory pule." But to say that any Wicking discouraged the idea distinctly dreadful funk at the probable results of Irish had boon suborned by the Gover drafted by myself and submitted to Mr did not show him the correspondence with liat, but that the other side should not.

man who called another "empan bound? Many Tuasons led him to du sti

dus. He upposition from such a dugorous character," nor. This was the next move of the co- Wicking who made analteration. MrWick Fraser-Smith, I was present at the inter The Judge said if the list were put in would be punished for it by the man he gave him to particular advice but dis Now this portion of the paragraph was spiruoy. It appeared now that Mr Wicking ing went away, and afterwards sent for me view on the 7th. I had written o letter to Counsel must seo it.

insulted was only truth and common sonso, couraged the thing generally. The print not true. Mr. Wicking had no animus had hunt exoneratail from that part of the and asked if I had sent it; I said I had. He Mr Wicking that morning nsking him to Mr Lubook recalled lavo valy a faint and there was no occasion for calling ing of newspaper was not exactly against Jardine's; he had had no causo: charge. Ho did not know if he neodtrouble then told me he was going to write a letter como and see me, and in it told him that recollection of the draft. There was some "Don't bounce" over that. Mr Fraser-Smith the suit of thing which offices of this he had never had dealings with them. They himself very much about it. But he did

Smith the sort of thing which of exactly against Jardine Wicking had no mundo. It appeared now that Mr had come here and told everybody that he kind cared about. One thing which led had never attempted to hurt or in nob think the word suborned appeared there.

her I could show to Mr Fraser-Smith. This ho Mr Smith had been threatening me with thing about orphans in it.

and 1 hind It was a public matter and open for public did and handed it to me. Mr Fraser-Smith's a prosecution. I was afraid. I was young By Is Hayllar-Mr de Souza bras a called this man mean houtd, and he Mr Wicking to give him advice was Mr him in any way offices are in the saine house. Nothing had and inexperience. I was of age only number of relatives, women and children, hoped the jury would let that imputation de Souza' complete ignorance of the sever tried to hurt them, nor oppose thani, discussion. Strong terms were used, but been said about Mr Bain before the agree that day. I was a little frightened and depending upon hins

lie heavy on their souls. It was a point of law of libel. Another was that his inther nor said he would. Mr Wicking denied in newspaper warfare some people had

of Mr Hayllar then addressed the Jury. the very highest meaning. Me Wicking had lost his fortune, and been left in the conversation at the Hongkong Hotel, not much to complain of. He presumed ment. The words Mr Wicking added wore wanted to ace Mr Wicking that I that the cost would be quite $400 a month might have his advice and protection. On He said that he would endeavour to denied it was said then, but the offence was very serious difficulties by his venture in a It was Mr Fraser-Smith who had the what was ingunt was this. They found

meant to produce the paper. I had made an the following day I went to Mr Francis oncupy their attention as short a time as committer now. Now this man came for newspajer. The younger man, as was al-animus and expressed it at the tiffin table that Mr Fraser-Smith published an

al-animith estimate before this, I had gone into parti- and he drafted me the letter which I sent possible and would endorse the remarks he ward, goes into the box in a caso for libel ways the case, leaned upon tho older one, Mr Smith was sitting at the table when article on the 12th day of July, which

wowed culars I had Mr. Franco's assistance, may to Mr Fraser-Smith. I copied Mr Francis had to make into as few words as they could brought against himself and justifies all and seemed inclined to accept his advice. Br Wicking went in and sat down at his showed that he had had access to official foreman printer. $200 was to be the outside draft and sigued it. Mr Francis reconi-be cumpressed. To deal as precisely an he has said of the plaintift. He not Was this not sufficient answer to the ques-ural sost. They entered into conversation, ducuments, of one kind or another, which cost. In that was included rent to the monded that the details should he referred possible with the incis of the case he drew only attempts to do this, but he goestion whether Mr Wicking was not at Mr Wicking having no suspicion what had not been before the public. It was amount of 825. I afterwards reduced the to him. I sent the letter to Mr.Fraser- their attention to the word facts, because further; he gots further and aggravates the commencement acting solely and en-ever that Mr Fraser-Smith was watching wall known all over the world in press estimate to $150. This I thought would Smith, I did not say anything to Mr ho had never heard in the course of his pro- the original offence, When a man did a tirely in the interests of the young and waiting," of which they had heard so matters that the supply of oxclusive or

he cover all the expenses. Throduction I the which this was upon inferences, rumours, was pointin over of the expenses. The production office; he said I was rancis. Where to bolster well th

The statement pro- Fraser-Smith before the letter was sent.fessional experience of a case launched thing like this he did it at the perit of man who as had been mentioned had 13 or much Mr Wicking's anunus against Jar early official new-he did not say a word duced is a correct one for the production of I told him afterwards when he came to against a man dependant to the extent increasing the damages, and he hoped that 14 orphans to support. The next meeting dine, Matheson & Co. was a pure invention. abant the impropriety of it or otherwise the paper in July. That did not include my office; he said I was bound to do the which this was upon inferences, rumours, was a point which the jury would take between them was one day when Mr Wick- The animus would be found to be entirely that it was a valuable thing indeed to the ront. The room occupied by Mr F. Smith: work. I referred him to Mr Francis. Where I beliefs, and all that class of vague generality into consideration. The law was that if ing went to the office on business of his own on the ather side of the table; and strong proprietor of a paper. It was property to was formerly a spare room cccupied by con- went with Mr Fraser Smith we took a draft used to bolster well that was a hard word the libel published of the plaintiff was found and unconnector with the project for the complaints were made ne te Jardine, Mathe-persons who dealt in news to receive these

holster-well ponitor. The occupation of this room by with us; there are pencil marks on it in and he would not use it--but to cover up a quite true, sad if it were plended that the new journal. This was on the 6th or 7th. son, as Mr Keswick had been the main duruments. That was the sort of thing Mr Smith had put me to no personal in Mr Francis' hand writing. Mr Francis in case of this laud. Now Mr Harry Wicking nsion demanded the publication ut if Mr de Souza showed him the draft means of Mr Fraser-Smith's leaving his that another newspaper editor would com-

eeusion of it; if agre

He said Mr taunt very strongly upon; and it did show, convenience. I have engaged no new mon. drawing another agreement for us. I have was attacked in an article of which leit were found that the bel was true, then agreement. Mr. Wicking said he was position at the Dock.

husy The other hands help for an hour or an not had any independent legal advice. With thought the only true word was at the head it ceased to be a libel in the Civil Court too to look over it then, Keswick had got him out of the Dock. Mr put it how they might, the establish-

sure of the column and that was" personal." It In the Criminal Court, they wait some

Rim to sider. it. Inruly done. Jardine, against the was establish for comment, might form the regard to the morning of the 2nd I am sure of the column and that was "personal." It

hin to send it over Wicking Baid he could easily understand ment of a certain kind of connection that Mr Wicking out for me. I was hotts personal there was in debt about that. what further, but they had nothing to do in aenger, and he would consider it. In how he fell about it. Mr Wicking ea with officials: communications were daily day, it was about 7 or 8 o'clock in the on the 2nd but the 9th that Mr Wicking He was calfad upon to defend his character with the criminal procedure here. Here this word cover thure was another great, tituly denied having said anything at sont to one person, and were regularly sup- morning. The paper was not printed at was engaged with a Chinese gentleman all round. This gentleman was not content if the truth of the libel were pleaded it diabolical conspiracy or the element of it. all against Messrs. Jardine, Matheson, and plied to him. Mr. Fraser Smith said he had

ruth of the libel were pleaded it Was it not an ordinary request asking - How the confusion in Me Fraser-

into Where that connection replaced it Was it not an ordinary request asking a do- that he never had any animus against them. then very often. Where Mr Wicking sent his boy for and spoke to me on the landing, saying with attacking hun in the way most news-

with attacking him in the way most news was a repetition of the offence and Was it not a ding, saving gentleme ch me. "I was not in the office at that time. The ho conid not see me. As regards the second paper editors would have done through his was always held to be an aggravation cument to be forwarded, to put it in a an- How the confusion in Mr Fraser-Smith's was established it certainly formed reason

me. As regards thing with attacking homan was not content with the compradoro told me and I flen went round article which concerned Mr Wicking, I did private character, but he mast even go for his of the offence and went in extreme aggrava-velope and send it over? Mr Wicking mind had arisen ho did not know, But able ground for comment, and, according

That, Mir Hayllar tion of which he was in compl to Mr Wicking's office. He told me that, not refuse to pablish it. I have no such personal appearance.

That, Dir Hayllartion of damages. He now came to the arabout every-livered had formed the subject of coilment. The

does not remember he had heard that an article against him power. I had thought of taking legal advice, thought, was a novelty in the art of libel. tile farges He row came to the araboué Mr. Per saying anything was this the way the editor of a paper to the mind of the writer, might form the Libel, tole itself. We regret to have been at aboué Mr. Fraser-Smith's temper, of ought to behave, that every private con- subject of very strong comment indeed. It

tiole itself: Fraser-Smith's temper, was to be published that day. He gave but ultimately did not. I went to Mr Francis Ling for which Mr Fraser-Surth mat best compelled, by a systematic persten- which he was in complete ignorance, versation should be twisted and turned had formed the subject of coilment. The

but ultimately did anti. At my request the refer to a man's app the Colony, the day on which it to stablish the nasty temper. me to understand that he was going to re-office, but he was not in. At any request the given credit. It was a new introduction tion." Now what did he is by that! Although he had known him for years. and reproduced, and an eternal course of next paragraph was said to be libellous, ply. I had not communicated to him that article was withdrawn. I am printing the refer to i maxis suppourance to ever hin ersecution which has never ceased from After great deal of leading and poking sneers ngainst a man kept up in this way. all sugh it never had been traced to them mans app in the Colony, the latence of a preco fret isnured, up to temper from He should say anything out only be this was new gang. To take asked by Mr and no evidence was ge Mr

although that article was going to be published. Mr par now without any remuneration. I with custempt and ridicule in the Colony, the day on which the circulars announcing and driving at the witness there was some He could not get out of the sneer. The and it rested on the somewhat complicated that article was going to be public lead told hays said I saw Me Wicking yesterday The law of libel in England was very al Hongkong Telegraph were hrat issued, up to temper from the way in which he onlled peo-a nagnificent house; but he Wicking aid that Mr R. Smith had told have said I saw Me Wicking yosteriny What was a libel according to the iw the existence of a project to establish the thing brought out about Mr Fraser-Smith's Magnificent one." They might speak of a rideration of His Excellency's position

law get out him. I believe that Mr R. Smith told the morning. He told me I should not be The law of libel in England was very ald,

Hongkong Telegraph were fret issued, up to nasty temper. He should say he had a bad magnificent woman,

sheild say he had a bad magnificent woman, a magnificent horse, or in the Colony. (Mr Hayllar quoted some that he had told Mr Wicking. Mr Wicking afraid to come to Court, and not to fail to an- and the lines of it were correctly laid the present time, to publicly lay before ture temper from the way in which he called peo-a nagnificent house; but applied to a un remarks made by his Londahip. Mr Francis, asked me to write a letter to them and peur; this case was fixed for 11 o'clock. As down a long time ago in a book called friends and supporters, in solf defence, the plo zames, He should say it was a wise it was ridictious, and the purroso could and himself yesterday, about the rumour defence, the suggestion, but thou were welcome to do temptism of Hongkong asked by Mr Haydaro evidence was given. was wiac drafted a letter for my use. That draft was a matter of fact I have absolutely refused to Bacon's Abridgements, which was still details of what has ovary appearance of he suggestion, batif the Jury made anything out only be to bring him into ridicula aut con- that His Excellency subscribe for a Bacon's Abridgements, which was still details of what has overy appearance of be sew-come to take had given no evidence se to that, when destroyed by Mr Wicking in my presence, your (Mr Hayllar's) side all information being constantly quoted by the Judges. It ing a detestable conspiracy, organised and of the envelops, they were welcome to do tompt. This was a new element entirely number of copies of the paper. Mr Francis

was very concise. He would read it to carried out with unscrupulous persistency bith unscrupulous persistency It contained a statement, that I was losing about the case.

ency. The next step was that the agrement in the journalism of Hongkong, To out with unscrupulous persistency. The next step was that the agreempt. Re-examined :-The conversation on the them (law read) Sir William Blackstone by an interested clique for the apparent was taken to Mr. Wicking'a ofice, and Mr notice in this way in the columns of a asked by bir Hayllar if he was to do so. by my contract, that I could not afford

had also laid it down still more concisely purpose of injuring the prospects of this much,pearance.

Wicking looked at it thes wich it, since I had a large family depending on occasion when Mr Wicking called on me had also laid it down still more concisely purp

not newspaper of even a man's personal an- He was sorry that no evidence was given. me, they numbering about twenty odd. The between the 2nd and 7th commenced with They had heard the libel, but they had not fourruil. It is with the utmost zeluctance, think they need trouble about this much, pearance. In the same way," Mr G. M. When put in the way it had been by Mr commenced with Tho laid it down still Blackstone carried out with piracy, organised menggestion, but if the full say it was a wide a magnificent homagnificent horse rideration of His what complicated heard was called the official defence, which after most naturu deliberation and after all but he drow their attention of the jury to Bain is also an old resident of this favored Francis that its connection with the Go-

but he drew their attention of the jury to Bain is also an old resident of this favored letéer mentioned about the cost of the pa- the question as to the Telegraph.

favored Francis the 3rd article which provided that the island. Editor and proprietor of the China vernor, per. I am not sure what amount it stated. To the Court: When I went to Mr Wick his learned friend had no doubt itted to other means of avoiding a public scandal tho 3rd article which provided that the island. Editor and proprietor of the China vernor, however slight, would tend to dah By the writing of this letter Mr Wicking ing on the morning of the publication of read by accident. It was denied that it have failed, that we have

dont. It was denied that it

have acceptal, as the as

the newspaper was to be the same size and for Mail, a prominent official of the Union age the paper-ho remarked that if that were told me. I would derive much benefit. the article, he did not blame me for publish- was mucant to reflect on bis trace or busi- only alternative left us, our opponent's un as the Shanghai Mercury (Mr Hayllar here Church, and a recently-elected meinber of the position His Excellency had established did not then dhe. I told him to leave it. ing the article; he did not ask me to stop news. He would dispose of that now, spoke challenge of guerre à outrance. Firm produced the Mercury and the Telegraph), the Hongkong Cluh." This had not been with a large section of the commu- showed it to my partner Mr Lubuck and Me it, nor did he any it was libellous. Mr

nor did he any it was libellous. Mr and would trouble them no more believers in the proverb that patience is the Tint agreement was that on which put into the pleadings se a libel. And he nity, it was circunstance which was Francs, my partner Mr Lubucking the article, not blame me for published by accident. It doubt omitted to after most natury delit utmost zeluctance, think there at Francs. I remained in Mr F. Smith's room Wicking has not advised me before, about about it, by asking them a single questiot surest antidote against calmany, we have the estimate forwarded by Mr Wick- had nothing to say in that matter, 1 in Mr F. Smith's mom Wicking has not advised me before, at If a man in called a liar. which Mr Wick- hoped against hope that the precious con- what night in the trade be called a superior was degraded by boing a prominent

samom

very much to be deplored, and that was all during the whole of that day.

entering into any contract alxout printing. If a man in called a liar. which Mr Wick-red minst that the celous con ing was franied. The Shanghai Mercury was The Judge said he did not think a man he had to my about it, as it was a rumour

a man in called a fiar--which Mr Wick surest untidote against calumny, we have the estimate forwarded by Me Wick put into the pleadings se a libel. And he nity, it was a circunstance whi Mr Francis said that Mr Wicking was in I only consulted him about the affaire of ing was said to be would not that damage federica, whose pundhist we lace now to what night in the trade be called a superior was degraded by boing a prominent member which it was not contended had been traced

conduct we are now to article. A xtate of great excitement on this day, org- the estate of my father. My father died in his business reputation Mr Wicking was place before the blazing man of public opin-art superior paper, smaller type, of & Church.

A

to them, a mere thing stuck in anyhow, ing this man to sign a false and lying letter October last year. I did not take an activo also called n conspiratur. At least that was on, would had gentlatally get tired of and more matter. They should presently

fon, have

Mr. Hayllar rauning: Then came the but which apparently had set Mr. Frazer for the purpose of doing injury to Me part in the business, although I was an the ordinary term for a man who was hopeless taalt, and left us alone to work out have professional ovidence on the question, grand explosion. This was the way in Smith on the hop. Tbon as to the defend- Fraser Sinith.

assistant to my father since 1876 Lubeck ugaged in tolling lies and conspiracies. It our mission, whatever that may be, without It might be found that the production of which Mr Fraser-Smith read a lesson to the ant's misplaced leniency. All this was

had been said that the article had been pub-subjecting us to further hostile and under the Tegraph. What was it? It was a Hayllar thers quoted from the article as to they Mr Hayllar: Be careful.

was not a partner till some time after my had been said that the article had been pub

der the Merstry would cost double that of community of this benighted Colony. (Mr about Mr Robert Smith, and with him myisited a hand and opposition."

"Now the had nothing to do. The letter read Witness :---I did not wish to meet him. father's death. My object is not to make fished as a vindication of the character and interference,

any money out of the paper, but to give conduct of the defendant as publisher of the ad interference, and opposition."

that was a charge

of a criminal offence.ag. It was an inferior thing. It was a Me Wicking's letter beginning with a lie, from Mr. Fraser-Sanith to him disposed of Mr-Francis: There is no shame on Mr Fraser-Smith a fair start, and as I wrote to Telegraph, and in reply to imputations of de

injure his paper was a highly criminal of success; but it was not a success Sous's part. We shall soon find out him July 2id, 7 want, the paper not publidy thrown upon the defendant, and A conspiracy to injure a juran's prospects or aterary, success; it was a typographical ending with a lie, and being ane long con- the whole of that business. The diofontart tinned misstatement throughout.) Had had referred in the article to the greed of where the same med-I

13.

to be taken out of my haude, when it comes that it was privileged. There was only one fence. A conspiracy must be formed by to size or appearance, and they would see these most gross imputations boon justified the China Mail, and its attempt to pat Examination resumed I heard that to be a success and froak arrangements are paragraph that he knew in the whole article more than one man. There must be an whether it would be a success in a suit bf No. And the only possible witness that down his paper, and then he tang the

which he would have something say about agreement to carry which he would have something any about agreement to carry out a certain contra or had got namely, "Personal" He put

libel (Laughter). Mr Boale had said in his could be called to support them denied point article well deserved the heading which it whole of the persons in together. That Mr Wicking sout twice to me: I saw him then to be made as to the price.

ent to carry out a certain curso or libel (Laughter). Mr Boalo had said in his caule after six. I was in Mr F. Smith's room.

which appeared in the China Mail which plan of some kind or other. The evidence evidence, which he gave excellently that, it blank that the assertions were true. article well deserved the hending which it Mr Beale was with me. When Mr Wick-

in the proper sense of the word reflected of a conspiracy might be overt nets as they would cost more to produce the Mercury He never sw such a thing in his life. If had got- namely, "Personal" He put ing came to me he was excited.

publicly upon the defendant. He should were called, acts mutside of the conspira than the Telegraph. He was surry he had Mr Wicking had not been asked by Mr that it was a very bad libel and in a very

he Mr Francis: Did Mr Wicking have any

not trouble the very much with that, tors, but it must be proved if there was not at the time a copy to put into his Souza, would lie over have begun the letter bed form. It was founded upon a man's talk with Mr Beale before he spoke to you?

beyond making few observations which

that there hands. Mr Beale had come into the box with the words "agreeable to your re private acts, a man not coming before the anything to come would necessarily arise with reference to was a confederacy between those whom he like an exceedingly honest, man. He had questi" This monstrous charge war the pablic, and not seeking publicity. H Mr Hayllar: I object. Witness: Yes. Winking and myself went years, asmanager of the printing department, the article. It seenie to him that he charged to ruin or injure his paper. The she would not undertake to print even back-bone of the cus, and this charge had had one other observation to make, and

said he

Telegraph ta it stood that is, this thing absolutely and entirely broken dob had wanted to avoid

that if Mr Fraser Smith down below.

need not go very deeply into this part of conspiracy in this case was said to have the Telegraph is it stood--that is, thin thing absolutely and entirely broken down that was: Mir Hayilar objected ta a question as to beon about a week there. (Mr Wicking's the case, as Mr Fraser-Smith himself has existal mainly between Mr Geo. Murray to get a profit for himself under $200. Dealing with the phrase "A got-up job had wanted to avoid scandal, as a question as to beon about a week there. (Mr Wicking said that he did not believe that Mr Wick- Bain, Mr Harry Wicking, and Mr Robert before then, with that most important arti- quitous Wicking," and the suggestion, that matter would never have come befors

with the agreement hatched by in, what happened between Mr Wicking and estimate put into witness hands.) In the said that he did not believe that Mr Wick-Bain, Mr Harry Wicking, and Mr Robert That being the case, with the agreement hatched by the fertile brains of the ubi-he said he did, he would have taken witness down below.

first place I should say the 850 for paper is ing had anything to do with it; and as a Smith. The last janted, however, hul arti-quitous thoroughly different measures, and the

cle therain Mr Francis submitted that as they alleged excessive. The paper used in the Telegraph matter of fact he had not. They came to been dropped out of the case: Mr Fraser-ce beforethem in that fact lay the wholeainew, it might be he had used Mr Bain's nating matter would never have come boforo the truth of the article, the allegation was in regard to weight and quality ought not to the necessary vindication of the character Smith had withdrawn his change against allegation was to $50. The new know anything Mr Hayllar put it her had never boen a case old scem, he he could be

quint of the case. Mr Wicking, having no practical without lie authority, Mr Hayllar said the public, except on his own showing. If that there was on appearance at least of come to $50: The gns would be not 835, and conduct of the defendant upon matters him, and there was very little to any about experience himself in printing or type they were the nastiest possible things vindication of his character was what he

know

which are contained in the rest of the libel.him. He had nothing to do now with the two he adopted Mr Fraser-Smith's ad- to apologiaing to Mr Bain for dragging terms,

graphical matters, wont to the

lion's that could be said about any man. As required why, when they were on friendly conspiracy to do cartati acts, and any act up but 35: coulies $24; I don't know anything which are contained in the rest of the libel him. He to the trial would go to prove the con- about that. I don't understand the mean- Mr Hayllar put it to the jury that Mr.

mean- Mr. Haylar put it to the jury that Mr conspirators, and disappeared from the denhe adopted Mr Fraser-Smith's ad- to apologiaing to Mr Bain for dragging terms, as they were at that time, did not be federacy:

ing of priating $150. I would understand Fraser-Smith's character had never boun as-conspiratore,

There were certain matters in aptation-and on it Mr G. M. Bain, the his

aptation--and on it Mr G. M. Bain, the his name into this disgraceful business, the take the common-sense, the prudent, The Judge allowed the question subject by that turning the machine. When sailed by bir Wicking No iota of evi which, it would seem, he came in

and Vendenco te

and only sensible way of dealing with in con-Recond conspirator, arrayed in all the learned Counsel said it was emphatically. to the objection.

a man in the machine department was denco had been produced to show that Mr Gut with Mr Bain, but he could be panoply necessary to a conspirator, gave disgraceful business, and he hoped to show this matter, by naking Mr Wicking when

tons Examination resumo: Me Wicking asked nick, and another wanted, 20 cents an Wicking had been foul-tongued towards feft altogether out of the question at the a rough estimate. They would have the them yet where the disgrace lay. Reading these monstrous charges ware meething me to return the draft. He did not again hour was paid in the Daily Press. I believe Mr Fraser-Smith, whereas Mr Fraser-

Fraser-seats Bain and Mr

the honour of having. Mr Bain in the box, and the passago as to their books being in his brain and working it up to a pitch me to it. I ho

serprosent moment. Then he came to the honour of having Mr Bain in the box, and the ask me to sigu it. I returned Lote letter that including composition and machine Smith came into Court to aggravate matovat nets which were alleged against these would tell them-on-what basis he cal" open to the inspection of Mr Bain of anger, instead of rushing into print and and he destroyed it. He remained for some work the cast would be half of this catinate, ters, by calling Mr Wicking ungentle two conspirators, Mr Bain and Mr Wick-culated his figures. The leaned consultext or any other gentleman Wicking alone making all these accusations against that

gentleman-Wicking on to for some work the cost would be half of the prosent moment. Then he cam time. He was speaking to himself. He Certainly I never saw an estimate put manly and a mean hound. The whole ing. The first was that Mr Wicking up passed on to Mr Wicking's letter to Mr De excepted. The lion might be tolerat gentleman? There was this at the bottom.

The whole their side.ors in the first act in Mr Souza's offices, which he rend; that was the letter which ed the jackal never, the learned conn. He had heard the rumour-where Mr was in a somewhat excited state. He did together like that I can't concorre apon of the abnse has been on their ride. pears in the first act in Mr Souza's office, Souza, which herend; that was the letterwhich of

heir side. pers in the rate it was true that he was of fact only a portion of it the estimate Laughter.) He. rufor the public $134, not ask me to do anything else thon. Ho what data it has been based. The item They had had a monopoly of is, from the asking him whether it was true that he was was said to be reproduced, but in point sel's only comment was-Poultry Gazette. Hayllar did not know that Mr Wicking had

it said he had no more confidence in me. I paper for proofs $25 is extravagant, 52.50 begining, and as far as they were cont-to print the now japer. With reference to of fact only a portion of it was printed. There is no other naing for Macha nanetary interest in the China Mail. That The omission of the P. S. with the estimate laughter.) He reformed to the fact that was totally untrue. Mr Wicking never bad wrote the paper produced at the dietation at the outside.

cerned, they would have it to the end, as that matter, the facts were simply these. end, as that matter, the facts were simply these. of Me Wicking. This was the letter stat Ris Lordship said it was probably the they had no intention of going down into Me Wicking was the friend, and did a great if it was an estimate t it was a point to while Sull set before the public $134, the slightest monetary or other interest in Ris Lordecimal point would print Fraser-Smith's Ho shuld not training by Mr for a great numbers Read known gas wat be The learned that Mr kind advice of hongh the the one tear fooling towards friendly one. He ing that Mr Sousa had first askeri Mr Wick-displacing of a decimal point.

gutter to throw wad. He should have to deal of daily business with Mr Souza, the which he attached a very great deal of as the actual cost, he never told that paper. That rumour, whatever it was, Witness:

iting: A pound of ink would print use cortain plain language in reference to fathor of the young man who had been in which Mr Fraser-Smith with his admirable he got the proper figurs 2151.50. Mr Mr Fraser-Smith, was at the bottom of all iness with her sold the weight. There were various items there the public anything about it when whether only existing in the imagination of

with items there the Telegraph for a week, and good news. Fraser-Smith's acts as they appeared in the witness-box. Mr Souza ser died last which Mr Fraser-Smith with his admirable he got the proper figure 2151.50. Mr Mr Fraser-Smith, was at the bottom of all

tuavity, characterised ace of man 318 a paper ink can be landed in this Colony for that document. Ho slyld not follow the October. Sh

Colony for that document, Holo appeared in the wine the young man who had been in weight. There we very great deal of

October. As was so delicately pointed out unvity, characterised as "idiotic." The item Souza, who mournfully told them his own this which might surely have been cleared l.a. a pound: $1.50 would do at the outside. example of his learned friend by straining by Mr Fraser-Sinith, Mr. Wicking was of gas was put down in face of the provision position, was working for this man for the up by a single question: Are you acting example of his learned friend by straining by Mr Fraser-Sinith, Mr Wicking was The monetary interests of Mir Bain and airculars, I know nothing about. Petty every ouse against a man. He had no desire employed, for a great number of years in that that the paper was to be set up mainly by honour and glory of paying him $18 a in the monetary interests of Mr Bain charges and use of type, blank.

to run down Mr Freser-Smith, nor did Mr very eminent more in Quem's Read known night work. It was not found that so much year. Poor young Souza lund cer- The monetary interests of Mr Bain and to run down Mr He had no desire to Mr Fraser-Sinith, lately pointed out suavity, characterised with his admirable the public anything over told that paper monetary or other interest an Wicking want to run down Me Fraser Smith, us Lane, Crawford & Co's. He did not gas was burned as it was thought tainly not fallen on a hod of roses. He Me Wicking being one, he supposed that His Lordship: They could not be less Witness: I would not undertake to do it nor did anybody he knew want to do so. suppose that there was anyundy in this there would be. The learned counsel went asked the jury whether it would but these persons could not net in an impartial for $150. If I was a printer I would print it There was not ono single word in the whole Colony who remembered Mr Wicking there through the items and showed that Mr have been better to have trusted to way to another man, and that their sole There was not ono single word in the whole Colony who remembered Mr Wicking thero catre it wa in upposition. They would asked me then to write a letter stating this. at $200, at which figure I would make it pay, cais, except that one statement said to have who did not remark the very eficient and Beale's evidence did not at all declare the kind advice of a true friend. The object was to stop this paper appearing Mr Hayllar objected to a question as to (The return of the cost for the month of been made by Mr Robt. Smith, and with able way in which he always conducted hie them idiotic. They would have other pro Counsel next went through the somewhat becaure it was in opposition. They would whather witness had made a different state July was put into witness' hands). I had that they had nothing to do there was business. One of the persons frequently fessional evidence. This was not a formal intricate history of the negotiations, the one hear from Mr Bain whether he ever had ment to Mr Fraser Smith, as conversation conversation with Mr Robert Smith on the not, in the whole case, traceable to brought in content with Mr Wicking there estimate, but heing asked for mivice and with the other and the two in consultation any feeling towards Fraser-Smith for between these two gentlemen was utterly subject of joining Mr Fraser-Smith. I Mr Wicking the word that could be was Mr de Souza, neti., whe was well being told by Souza what he was thinking with Mr Francis. He laid och euphasis towards his paper, but a friendly one. He inadmissible. There might be a conspiracy do not remember the date. It was in the brought home to him except by the must known, was one of the harlest-working of taking it up for, Mr Wicking simply said, on Souza's appeal to Wicking for assistance had at fear on the more supposed it of Bouzas. nach & mito Hongkong Hotel. Mr Robert Smith said vident straining of language; it was not punctual man of business, carrying on what Have you thought of these things," between them for all he know.

"Have you thought of these things," advice when Smith threatened a suit, was started in opposition to himself. It

or

was an after Examination resnined signed the that certain advertisements, were dum supported by the alightest foundation, was known as a Job Printing Office. He and mentioned a number of items and sugas showing that he was a trusted old friend was ofte mer paper and was not in. letter willingly and handed it to Mirnice" or "bricks. Hesaid they were to there was nothing to show that Mr Wicking issued the Expressos as well; and ingested. an approximate cost. That portion It lent an entirely different spot to the ten fed to to the sun fald, and if he

tended to go over one if Wicking. I was somewhat frightened but remain "bricks" for six months, I said attacked Mr Traser-Smith in any way what his business as a printer he had no doubt of the lottor Mr Fraser-Smith, for reasons whole suit. The advice Wicking gave did fear opposition is it to be supposed that sa printer he had no doubt as that which he was accused of,of using out art to a trick so inefably mean I gave it willingly (letter: put in). Mr I did not think that likely as advertisements ever. They wore friends; they were not Mr Sonza did extremely well for himself which no doubt seemed to him sufficient to Souza was excellent advico. Had. Souza he would report to a trick so ineffably mean Lubeck, was Main "bricks" for six

have been working 1 Wicking and his might inter have been supposed that Lubeck was not present while Mr Wick- were the back-bone of the paper. In con- very intimate, but they were good friends, Everybody went to him because of the facility him, but which struck the learned counsel taken it he would not have been working wi

ation. own knowledge ter ing was talking in an excited manner. firmation of this he said he had heard it and it was impossible to suppose that he and promptitude with which the work was a story arcito, ma public. Its his life out today for no renumeration cruel

Mr.Wicking Mr Wicking sent for me on Sunday the 8th. atated by the principal of one of the firms should bound round upon his friend's always done. Sonza often spoke to Wicking

friend's always done. Sonza often spoke to Wicking said it was of no interest to the public. If The letter had apparently been written when crack an enterprise which might inter I went to see bim on the Monday. He it the Chine Mail office. In consequence throat and attempt to injure him. It was about matters connected with his business portion was, this was. He believed they wero at arm's length for a moment

ブロ

18 Monday. He in the China Mail office. In consequenot stone. I could not be. It was in- they became intimate and remained very portion of the whole article was of the mid that the Francis was in the conspiracy ever antil, perhaps, the

any foro with his own business. He was sure making the box that he ever had any, enmity what so spoke to me about an article to be published of this I wrote to Mr Fraser-Smith, wish- not done, I could not be. It was in they became intimate and remained very himself, he put it to the Jury, that no and taking legal advice. Mr Francis had that Mr Bain would araphatically dony in

remained portion no interest to withheld. H takon it he excellent aqvi Wicking te tended to gemoon paper to himself, I asked him who told him, and he said Mr ing to be satisfied as to this, as I did not possible to suppose it; and there was not good frends until Mr Souza died. Br portion of the whole article was of the mid that the thing was too low, and could the box that he ever had any enmity what Bain. Since this action was commenced think it would be profitable to join a paper one tittle of evidence to show that it had Wicking, who had startet in business for slightest interest to the public. The whole it be that Mr Francis was in the conspiracy ever until, perhaps, the Attacks became Bain. Since this action was omnes putting in bricks for six months, I have at the article which was set forth as a libel do all the printing on taken over by the suis

over Mr Wicking has been to me several times, putting in bricks for six months. I have ever been attempted. He asked them to look himself before Mr Bouza died, continued to thing was not of the slightest interest to It was ridiculous, but it seemed to him that too frequent. No one was more surprised

the Tel the Telegraph at the article which was set forth as a libel do all the printing he required at the same side Fraser-Sraith's office. However, that The game idea had struck Er Francis that He talked of matters quite irrelevant to this! satisfied myself, recording to the Telegraph at the article which was set forth as a libel; do all the

and any man, woman or theirs, then Mr Bai

child in the world out the advice was to the same effect is that That was his case, which had been greatly as theirs, then Mr Bain was at what had taken place. case. He did speak about the case. He talked books, that it was absolutely false. I also to look at it for.

Also to look at it for a moment. It seemed office which was then taken over by the sus

BUTTON ACCREARY Dice win t

The case ides had struck Mr Francis that to me about the case yesterday morning. consulted one of the principals of the firm to hun to be strong language run riot, who had been for some time a partner with with the article the learned Counsel said he Mr Hayllar was not concerned very much before. He would place Me Wicking anul was Smith's idea of the mustier. Going on the agreement was host onerous one. qupported by the evidence which had gone About the proposed publication of Noon mentioned, and he said it was not true, abuse iu hysterice; the writer could not his father. And the son knowing de friend-wo

i Bain Cross-examined by Mr Hayling: I would get of salsing friendly e I never a Mr Wicking. My estimate Cross-examined by Mr Hayling I could got at Mr Wicking enough in any way.. Is ship that hart, ezisted between Mr Wicking now came to paragraph of it which whether it was or not for Me Wicking' part. Mr Bain in the box, when his learned was $150 with 825 for the ront of the room, not swear what size of paper unless I saw required the three long columns the juryhad and his father and how close their intimacy seemed to him to be positively shooking. He was assured that Mr Wicking and Mr friend would have an opportunity of turn. I was also to keep their accounts and the Shanghai Mercury. It is larger than the before them, to get at him as he could most had been was in the habit of saking friendly He bad told them in his defence that he Bain had noted humestly in what they did ing them inside out if he desired. The

ond the shed juryhadh collect their bills.

Telegraph, better paper, and smaller type. efficiently be got it three long columns advice on friendly matters from Mr Wicking, published this article in self-defence and to In reference to Mr Bain, as far as it was Jury would then see whether these gentle Cross-examination With the exception bir Hayllar said that their estimate was of the most scurrillous pon's emanations. which that gentleman always give. His vindicate his character with the public part of the transaction, Mr Fraser-Smith men should have been charged in this way. of a few months interruption, when I founded on a paper the size and form of Then there was another thing, coming back learned friend had neared at the man- Was it with that purpose that he wrote had said in the box to Mr Hayllar with The Court adjourned until half-past-tem Was at Pustau's and at the Cosmopolitan the Shanghai Mercury, which was a much to the meeting at which Mr Wicking was tion of this advios given and remarked gentleman wall known in Hongkong. For given his estimato honestly. Looking at

And remarked these words:"Mr Harry Wicking is a candos that he did think Mr Baiz had to-morrow.

that he did charged in this way. Dock, I have been connected with the superior paper.

said to have been accused of ungentlemanly that he gave one piece of advice for which printing Business since 1876. I am

ahopman in a Queen's road By Francis: It might be the same size conduct Mr Wicking would deny that

Mr Wicking would deny that Mr Sours was not grateful Why store or did he write it in a nasty little Me Bais had before him; could it be quite a young man -- 21 years old last and form as the Shanghai Mercury, although anything of the kind was ever said. The did he not oak him about that in the store wit

a June. When Mr Wicking came to see me it were set in plcald

meeting passed off without any unpleas box He never asked him a single word sprit of spite. Could they say that was doubted that he did; and therefore le did he not oak him about that in the store" or did he write it in a nasty head the Shanghai Mercury, with the facts on the evening which has been already. EC.Lubeck I am a partner with Mr autness, and he had not the slightest about it. Was a man's character to be honestly written and published by Mr if Mr Bain acted honestly, and believed he

I who

(Gazette, Aug. 18-20.) referred to, I had a large number of my Souza I remember August 2nd, when the idea that Lr Fraser-Smith harboured sneered away in that way! It was not fair. Fraser-Smith to vindicate his character did, and Mr Wicking simply gave what he

pared peered away in that way! It was not fair. He (Counsel) hoped that at this time believed to be MrBain's honest advice, how H. M. 8. Kestrel, Commander late father's private and business papers article headed personal was published in any animosity towards him at all Mr There was no evidence of anything of the He (Counsel) hoped

All Mr There was no evidence of anything of the mathor socially nor in any other way was could Mr Wicking have acted otherwins Lang, R. N. arrived to-day (18th) from before me told Bir Wicking that signalled before me told Mir Wicking that my the Telegraph have only a very fair recol. Fraser-Smith says he called Mr Wicking band. Bu

col. Fraser-Smith says he called Mr Winking kind. any swell, from

But in the jurors' minds and in father had a vary great objection to priat-lection of a letter that he was naked to sign a mean hound. Now the person who the minds of common people there was y man, that he had served an honourable than honestly? If that paper was great suc- Foochow She reports, heavy ing rowspaper because he had lost 811,000 I remember nothing of the contents of the called people by inch names as a mean hoand not much distinction drawn between career fii s staze like Lane Crawford's, ceas it might go abroad and it might to go the southward, thick and zamy

was in staré it might go to placas The British barque Irazu, Captain Pearce, by the Echo do Poro. He got into a libel letter. I do not remember whote hand used the sort of the language that might what fell from the mouth of Counsel wad to be neered at in this way. Who highest quarters, and it might go to places The British barque Irazu, Captain Pearce, muit and it cost him $10,000, I know writing it was in. I suppose it was Mr suit the bilinguale Fories or the Poliry what the Witnesses spoke to. But Mr attained simms calebrity as factutan and where it might injurs Mr Wicking very from Chafoo, reports, on August 11th hove

I nothing whatever about the law of libel Sensas. I don't remember to whom it was Coeller, or whatever those papers were by Francis, speaking from his brief no doubt, adviser to the late Mr Kwok Acheong much deed. He wished therefore not to for 24 hours, 80 miles east of Barron bave, not the least idea of it. I do not addressed. I suppose it was addressed to which Mr Fraser Snaith so greatly dis in this meer at Mr Wicking's kinduues to What was there in that of public inter merely to place the bare facts of this part Island through very heavy B. Ez sex Pasted know anything of the liabilities of a printer Mr Wicking. I don't remember what time tinguished himself in London; but such were young Mr Bouza, gave the due to his whole est, or that there was any necessity for of the case before them. He did not wish water lagged Junk 30 miles N. E. of Tang

the liabilities of printer Little man, however big in their no doubt, as he had a fres

clue case infor in the case of libel in a newspaper. Wa of the day this letter was shown to me. I scarcely the phrases ose met with in com speech, the clue to his whole ense, speaking publishing for the purpose of vindfeating to do that solely, because when a man's Ying Talend. Spoke the German brge Mend (Mr Withing and I) discussed the Echo de handed it back to Souza and advised him men ille. Little man, however big in their no doubt, as he had said from his brief Mr Fraser-Smith's character Another character had been attacked in all extreme- Marian and Frohlich Londing for Amay Powild my father was very greatly or use has been examined than themselves, they were very loth to as having his own of it outside, walked in a Dock Company, of which institu- from D Powidomy father was very greatly not to sign it--Witness to be recalled after own estimation, were not likely to are such That he naked the jury to bear in mind, maar uw doubt was intended although he ly violant manner, it was necessary that the ilave-masted sebooner Smiling Moen. prajtadlood, after he lost so much, against Mr Souza has been examined phrase a mean hond to men bigger Mr Wicking then, knowing. Mr Bouza and himself could not sex it. Afterwards as every thread of the case should in the The fall in the barometer (20th) combined mind himaali could not sent me as Balous curse of the case, should be luckaliction blowing, leads in to believe at another undertaking, the printing of any newspape

apar. H. Crawford: I am accountant in Mesars than themselves, they were very loth to see should that the slave-masted schooner Smiling Mon

H. Crawford: I am accountant in Mass than themselves, they were very loth to as having his own office apposita and having quired a wide spread fame as a sealous curse of the case, should be looked at with with the fact that a stiving North eilter is

de babe antovers also mid that some reverbers of my family whom smith and you had some cover not think that had

camere such word unless in the security of the heard something of it untaide, walked in partisan of the now defunct Cosmopol- great care. They had a fat contradiction blowing, leads to believe that another. Reisades all the embers of my one of my Lane Crawford accountant in Mours than thermalen honud tu men bigger That lie naked the jury from his brief. Mr Fraser-Smith's character indloating to do that will in. He did not wish wand through very heavy art of

Witnest naked You remember Hr witnessbox M. Wielding denied that he casually une day into the place where he fan Dock Company, of which institu- from Mr De Sousa himself they had the typhoon in in the neighbourhood. had consulted and many of my friends Trees Smith and you had some converse called arisan hound" then, and did was in the habit of dropping in, and sakad tien he was faveliouzly styled the Con- probability arising from the wording of Mr. M. Kestrel Commander W

ods of Saked You remember Mr and out of Hongking, edvised me sation about a rumena, d

not think that had it been used Air Fraser Mr. Bouse if it was a fact that he was going miting Director. There was no earthly Wicking's own letter that he noted agree- Lang, R. No, la fids morning (22nd) for ve anything to do with the Question objected to and upheld. It was Smith wook have presented to good at to print a new newspaper that was spoken maiter in any of these paragraphe ably in a request. They had heard that the Swalow and Hongkong

admitted that there must have been appearance as he did to day

of Mr Souse and it was under comidarroquired a

comida required to vindicate Me Smith's she went ascund or perhaps a third time to Wo understated that mx Chinese salles highly rumeur or Ms Fraser-Bwith himself Mr. Hayllar requested this he dight not much chood of its corning off these make people smile and say that Wiser. Houverly, and Mr Haylier thought that before the British Conseil charged by the

(. no bounce. Your father, Mr Bouss, was a very highly rumour or Mr Fraser-Smith himself could Mr Franci Oliy

is to din another who gave the advice had given it day, 20th instant, arrested and hequrat

stion, but he did not think that that was Age, harbour, stion, but he did not think that there was motor. It was done to make people, anile, consult, at another request by Mr Bouzas belmging to the British barque Petit of the nos have heard

Mr Hayllar requested that he adight not much achood of its coming off. The story to bring My Welding into ridicule to himself. They had seen that the man Anew in this luchon, were on Satur the dunk

MK Hayllar requested that he dight notation, but he did not think that that was icter. It was done to make people, anile, we asend or perhas a third time to much kehood pets at in the seeking shop-ul

add These Mr win l-known here

Thomas Marr: 1 was the reporter of the His Lordship said there should be no main true. There were averal dire have Wicking about the chopal those fucts entitled him a verdict marter with continued refuse of duty at en ld be 20 There were mayoral dire Suilth gave Wicking bly vulgus an that part. They then came to some slices for Air month They were

Mr Sousa had given in the box was Did you see that dig that Fraser honestly, my father Telegraph from the time of the start to res His Lordship said there should be no Mr Sisa had given it the box was in the wake people smile and asy to an another who

paucies that the jury would observe, but in Smith, after main true. There were ok was in the uske people smile and into ridicule that, at another requested time, to years and cently, I have read the article headed per such interruptions Fress on Very sonal, in which it is stated that Mr Robert Mr Francis said that Mr Hayllar had the main the story was much na Mr Souza in The thing was horribly vulgar on that part. They then came to some thosiup's arrival, they having and

ason Jary sonal, in whitafod Autoething to Mr Frisur Smith's Gvices hat said Her M Wicking th

Mr Souza but, of course added the dhree days though the the meter Smith had stated something to Mr Reale, undo the remark in the course of Mr had told it. There gore on a desk before but, of course, it was Mr. Fraser-Brith's thing which he should go through Ivory Reticles for Ar month

"Lately he has added laia mense quickly. They had alleged that they lost

Franch) thought the ringet particularly to Mr. Woking that hui, father had

else

ing to look over the agreement.) I eco the

ward consequently at the end of the letter

is struck through. Mr Wicking wished me

to express an opinions about the article.

This I refused to do. This was written on

the evening of the 2nd August on a second

visit by Mr Wicking. He neked me if I remembered that I first asked him to look

rekcembered

over the agreement. I said I did. He

felendag

a friend of your

if un

wh

yea

and

??

it

menont, for an gates of

Usin

Mr Smith told me he was not to reply to Fraser Smith's evidence yesterday as shina ausber of jurivate and business papera Lataly Papinfuence hit certain letters until he had poenited Mr something the witness had said. He (Mr belonging to his father, and as remarked infuses by this leading position he is said three says through the interference: hat

Mr De Bour (recalled) I thowed no appropriate out at the present point, the great objection to prisiting a newspa

to have taken to the proposed opposition they did not do that as the Telegra Sugar Refinery Another suser; it was I printed on the day Used, alth

China

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Harron

med the

nced with hard fabour fill the map proceed to sea when they wan