1881-08-27 — Page 3

19

was

από

19

of the letter or headings. He tool this

BWBY.

I said I wished to have some private con-

versation and he said "all right. We went

downstairs. I naked hint if he had read

"the article and he said he had. I asked

hita if he remembered my coming to him

not.

THE CHINA MAIL.

on

sa

11

arkecerned but

a monsoon,

€

£25

of

here

mid

even-

No. 565-August 27, 1881.[

about two'clock. I think I wrote a short times they are passed over sometimes not. usmiled. He had very carefully con- self referred to certain facts of the existence other points where the two opposing sets of ended with a lie, and there was evidence

Canton, answor. I called upon hun to see what he Mr. Fraser-South said he would give a sidered what he had said yesterday so far as of all of which some proot had been offered, evidenco differed: Souza, he claimed as given ee to whether it was at the,

inore than that the unwilling witness, and the in which he Lordship preso inder the agrotout at veste, Yun Cha (Speślal)

Bleak House, 25th August wanted. This was about four o'clock. Mr ganrantee. I never saw that guarantee. he had had time, and it seemed to him that His client said no incro than that these the witness of truth. He had been a must request of Souza that he looked over the Fraser-Smith and some others were there. My reason for taking little further notice of ho had exercised the greatest caution in re facts pointed to what bad every appearutice unwilling witness, and the Jury must agreement. The ending of the lie, his At lest the arrival of the long expected When I want into the office 1 told Mr the matter was because he told me that he ferring to matters which related to matters of being a conspiracy. On the facts put for have absorved the careful way in which he Lordship presumed, we that the work could and songwhat drauded, Fraser-Smith that I was actuated by ne hand consulted you (Mr Francis), and I said which in any way touched upon official ward in the article the editor of the Telephd avoided when be could saying anything not be carried out under the agrotout at

ot I think Mr Smith first ad he could not be in batter hands. He told points. He simply dealt with the facts asked the public, his friends and sup- against Mr Wicking, and how reluctant hoe price less than $300 8400. Reference Yun-Chao Imperial High unfair motive. dressed me asking what business. Thad to me of a letter which he was to copy and send as they stood, and the simple fact which led porters, whether they did not justify that had been to bring forth anything that wits made to the defendant as a shopman Commissioner)-Pang-Yuk Lun, may be interfere in the mattor. I said it was no to Mr Fraser-Smith, not allowing it to be him to bring them in was that Mr Fraser reference. Whilst now Idmitting in the might tell in favour of Mr Fraser-Smith, and as to his connection with Kwok

wok chronicled, since it is publicly announced; interference on my part, as I had been known that you drifted it. I don't know Smith had access to official docuimonts, and fullest and most ample manner that no The note containing the figures sout by Mr Acheong. That of course was objection-

to Wicote sked. I then told My Buuth it was quite that I have ever spokou strongly against the no doubt as an editor he was very glad to such conspiracy did exist, he submitted to Wicking to Bir Souza said not a word able sarcasms to whether Mr Wicking but how long H.E. has been basting tho ment of public companies by agencies get them. If that was a matter of blame the jury that the defondant had at the about them being his own. Any one sceing has been asked to look over the agreement bush in the neighbourhood or setting traps Impossible us I impossible to carry out the contract for management of public companies by agencies get them. If that was the sun munad, Mr Fraser-Smith said instead of Directors, Managers and Secre on anybody, he could not help that. If it time reasonable and proper cause for as- then would at once believe them to be put the jury would recollect what the evidence for I had had the opinion of the best pra- taries. I may have done so. I know that was not, then there was no one injured, suming that some combination or joint forward se Mr Bain's. Mr Bain had told was on that point, what Mr Fraser Smith for the unwary by monus of omissaries may

the and pressrs ctical man in the Colony, he knew Messrs Jardine, Matheson & Co.'s firm have it was a matter which touched Dr Eitel he action had taken place between these them that the figures must have been made said, what Mr Wicking said, and what Mr or may not transpiro, I send you the news Chowk, muld be long and told him the largest participation in such business. (Dr Hayllar) was very sorry, but he did not gentlemen; and the feet on the point was, up by somebody who knew nothing about Bouza said. In the first instance the plain-slip just hawled through the town contain what Mr Bain's estimate was, and wo die It is a good thing for them that they have. say it did. As far na the Counsel was con-he said, and it might be his Lordship the business. He asked whether it had tiff had gone there on business of his own. cussed the matter. I pointed out to Mr I have refused to give any explanation as to corned he was sure Dr Eitel would think would express the same opinion, sin not been proved to the satisfaction of the Ou the second occasion he had gone about ing some palpable facts along with, proba- Smith amongst other thing the Day has duas in the eyes of the poorly when, it is Sinith amongst other things he had to con- whether I wrote in the papers against that he had done all the position required. ply this, that if these gentlemen har jury that Mr Wicking had poked his nose xunie-visiting cards, when Mr Souza hid bly, some of the hupalpable powder Brown nider the risk of libel--that the Daily Press Jardine Matheson & Co.Inover was For a moment; before Mr Fraser-Smith had been charged criminally with a conspiracy into afhim that did not concern him. If any unked him to look at the agresinent, but he and the China Muil and his own father's paper Kwok Achsong's book-keeper. I was not very properly exonerated Mr Wicking from and all the facts put forward which had member of the jury found anybody prying said to send it over to him in a cover. had been prosecuted for libel. I say that anditor of his books; which were in Chinesa. aiding in that article, he thought it would been brought forward in this case, their into their business and interfering in this Whether it was justifiable to say that the thought polloy to obscure great affairs of he thought it would been brought forward the fact that way with any of their affairs, they would was for them to say, and whether this was but you will at once see that HE. Pang nothing could be done in the natier, Mr I imported largely for him and the invoices be necessary for him to go to the bottom of mouths being shut by the fact that way with any of their affairs, they would asking for a cover was part of a conspiracyState. There is not time fora full transistion; Fraser-Smith seemed to be a little vexed, were sent to him and he worked them up. the whole business,and he was glad to they were charged with such a criminal resent it, he knew, very strongly indeed. was for them to say, and whether this was bat in no temper. When I left, Mr Smith I have no idea where Mr Robt. Smith got see his way out of the matter. It was col. offence, would there or would there not He asked was his client not justibed in de really bona fide advice that Mr Wicking was sitting in a chuir close to the wall. I his information about the articles that were lateral to that which might have arisen have been a case to go before the jury as to scribing that letter as a deceit and a lie, and was giving to this young man. At all has been practically reviving the monto deliberately on oath that. Mr Fraser going to appear. I think he told me in the from the instter introduced into the whether such a combination did exist. He a lie from beginning to end. He contended events: Fraser-Smith got it into his head Diogenes in Kinng-si, as well as Smith never called mes a mean hound From China Mfail Office. I think Mr Bain told article. It had passed away, as Mr Wicking did not say that these facts would have it was so in effect. So far as any estimate that it was moddling in matters which did

en route, if not also in this city rigolf." that time up to the 2nd of August, I did not mo also. (Referred to Mr Souza's evidence had nothing to do with the article. He been accepted as conclusive evidence, but or figures that Mr Bain over gave him, they not concem luu. They thould bear in

account of the long storm, that go near Mr Song. The next interview Mr yesterday us to a draft of a letter said to thought his learned friend had exercised was there not enough in them to raise the were honest and made up sccording to the mind the relations which had existed be Smiths and I had was at the hotel. He was he leftur, addroseed to Mr Wicking), the wisest discretion, when Mr Bain wna question whether thors really was not heat of his ability on the facts laid before tween Mr Wicking and the father and son, ended yesterday, orresponds

or of tend the relations which had existed be- Your

generally with there when I went to tifin. He was sitting The draft was intended for Mr Fraser in the box, and had not gone into the some such combination; in other words him, but the facts were not laid before when he gave advice to the son before

The draft did not contain any matter or matters about the China Mail, and might there not have been material him by Mr Wicking wisich should are going into business transaction of our experience here but a few points thay at the table I use. He has frequently. Smith.

At that time it did be added in illustration of metoprological The assertion that I had an animus against reference to figures. I was in no state of he thought he would leave that urticle and to lend the judge to send the case been laid before him, if his careful this, nature.

to phenomena, in the presently very measured Jarding's is totally devoid of truth. I excitement on the 2nd. It is purely im everything connected with the Government before the jury. He was sorry to have and conscientious advice wore wanted not appear that there was any guar never had any quarrel with them. I did agination on Mr Souza's part. Mir Bain official minutes. The case was more clear; to allude again to the matter in this way, for the guidance of Souza in the peculiar antos given about expenses. It appeared not say I was glad to hear that he had been and I had no conversation about the article although it had looked like cloudy and but one of the points of the case for the circumstances under which he was placed, that a guarantee luid been given indenmify comprehension of which we now live the to pro- going for Jarding's What I did say which I had heard was to appear Mr stormy weather. A very small point was left defence was, that they had reasonable and The advice Mr Wicking had given him had ing him against loss after the agreement. aid of the scientists at Manila and are Was Smith, I heng, you have been going for Bain may have been present when Bir to be dealt with. They had seen Mr Wick-proper grounds for believing and did believe vary nearly involved hunt in a law suit as it As to the phrase disareditable business his mised, that of the projected Violin Ob- Jardine's," He said "It waeruing

deater. A very small point was left defence Jardines He said "It was W. Keswick R. Smith told me the article was to appearing in the box and they would be able to that there was, there appeared to be, was. The first propusition of $150 was Lordship did not noe there was anything who got me put out of the Dock Company. we certainly had no conversation about it judge whether he was a witness of truth. some conspiracy. There was the greatest Souza's own; it was small; it was cost discreditable in it. An attempt to injure Mr ervatory in the future

One of these points in that the gals was I said "I can understand your having an the night before it apporod. Mr Bain and He did not think he had been in any way possible difference between the pitting price really as he thought a successful pa- Finsor-Smith would of course have been

Damon animus." I did not say I had always opposed I may have had frequent conversations shaken in cross-examination only when a forward of a statement which the man utter per in connection with his office would do discreditable. But an honest mistake in

proceded, on Sunday evening at about 7 them, as I have never opposed them. I had about the Telegraph. I was surprised to man went, perhaps, for the first time in his ing it know to be false, and the putting for himn substantial aid in his business, Wick-making an estimato, and in giving the young extensive relations with Kwok Acheongaome soe the papar on the 15th. I thought it life, and had to defend his character, which ward of a statement by a man who believed ing had, as Mr Smith had said, interfered man honest advice there was nothing dis- 'clock, by a phenomenal electrical wave of as his bout proper. It had boun abandoned. I knew you were was very dear to him personally and very it to be true, and had reason to believe it to in business which did not concem hits, and creditable. What was in Fraser-Smith's gront velocity from 8. E. to N.W. which by

If the jury believed that the Wicking asked the jury to believe aa he had mind was that there had been a confederacy was my relations with this gentleman which advising him and liat he had told me you dear to him as a business wan, he might feel be true. bruught me into relations with the Cosmo-were to get better tarms. On the night of a little nervous. Mr Wicking's nervousness defendant intended to allege a conspiracy, asked Fraser-Siaith to believe that all he formed so an to prevent his producing his the light of the telegram from Manila and politan Docks. On my recommendation he the 2nd I went up to Mr Fraser-Smith's in the box was that kind an honest man would lus Lordship would direct them that did was for the barefit of young Sina. The paper. As to expenses of the paper printed by that of a similar one of last year, w bought a I heard

large hare. Lourd on the 1st of otties mad saw Mr. Boele aird had some con- feel. Els also wished to call their attention mere form of words would protect him: Srures tacked on to this note sa to Mr in the article, as a matter of fact it turned misy say, was projected from the hented August that an article of an him.

to the fact that while Mr Wicking was in But if all that he hall intended to say us Bain having been cousulted. were there out that the expenses were some dollars more.

foronner of the Re-examined-It was on the night of the the box he did not throw any aspersions on that a certain sering of facts which he laid for effect; the letter would not have been As to the nesertion that three days shores of Luzon as to appear in the abuzive nature versation with hole and had some con- feel,

next day's papar. I beard this from Mr Robert Smith. On the 7th that Mr Souza told me that he had the oltaracter of any one. Mr Fraser-before the public would lead one to infer the half so effective without the figures. He had been lust, this time had not been cyclone whose body was deflected, oven 2nd I sent for Mr Bouza about nine. I asked placed himself in the hands of Mir Francis. Smith said that his character required to be existence of a combination against bitu put it to the jury that they wers entitled fost as he said himself but that he had a

tually, by the configuration of the coast line him if it was true that this article was to George Murray Bain I am the publisher vindicated, not as far as they were con- which appeared to assume the form of a upon the evidence that was before them lot of extra trouble to bring it out at that. appear. He was very much surprised that and proprietor of the China Mat, and have cerned, because Mr Wicking had denied conspiracy, that ho believed that at that the defendant had justified what time. As to the alleged grose libel which and by atmosphorical ropulsion, to a course I knew. He aid it would appear. I told heon so for nine years: I have been con- that he had ever said or done anything to the time he wrote it, and that he had reason he had said with regard to Mr Wicking, had appeared in the China Mail if that had lower down the sea, thus drawing a power him I thought that he had acted very dis- nected with the paper nearly 18 years. I asperse the character of Mr Fraser Smith.able ground for so believing and that the What has been suld had been proved been proved to them, and if Mr. Wicking fut current of air locally from North and honoumbly in giving my private letters to manage the business part of it entirely. It was a matter very much to be regretted, facts and the suggestions were published to be substantially correct, and if that were had conspired for the publication of that.

privato letters to manage omsthing about the practice wrote. There was a che, and that he was only it necessary to roler to any tir His Lordship would instant others had originated the reared, Mr Fraser-Smith for publication. I aug. know something about the practical part very much, that he was so hasty in what be in self-defence, then his plea of justi so his Lordship would instruct them that artiolo, it might have afforded some reason South for about 36 hours, with a heavy rain gested to Mr Souza that he should write to of the business. I remember Mr Wick wrote. There was a class of men quick-fication would be cutirely supported. It an inaccuracy in some minor detail or do for reduction of damages, to be given in fall; and then gradually subsiding, with

the. It an inaccurity in some mine detail or do- for reduction of davragen, so reason Mr Fraser-Smith, and tell him that he could ing coming to me with that agres-minded, intelligent and able, and that he was only the first paragraph in the article tails should not. sway their finding. Was this notion. With reference to the raniour alternate brisk squalls and brief balls until not continue to publish the paper as he was ment on the 7th June. He asked might say was a class of suind to which Mr that made it necessary to roler to any it right or proper to publish this of the shout the 50 copies it would have been losing money. This he told me in a con- me to look over it. The first remark Mr Fraser-Smith could "claim title, but to of the other paragraplus mentioning the plaintiff His Lordship would instruct necessary to prove that Mr Wicking and yesterday it reached S. by W. in fitful losing road. I gave him the paragraphs Wickingther, which I said I did very well.ting discretion over it was extremely certain acts and to put them together to it would be for the plaintiff, but he Robert Smith very clearly defendant could of life by the capsizing of prasage-bonta variation we had. I gave him the paragraphs Wicking made wue, I think, that I knew De which the presence of pon and ink three gentlemen by name, as by it it them that if what was published was true others had originated the rumour, but a showers of a monition, charact

Souza's father, which I said I did very well. and printing matter without my control was sought to combine them as joint no dainages could be awarded. If far in the Governor was concerned, as his

Referring to some marking of the baro- The same day the article did He said this was an agreement offered young ling discretion over it was extremely nctors. It was necessary to point to the Jury was not satiated that what Lordship had remarked yesterday, His

Excellency could but appear, I saw Mr Souza about half-past Souza, and would I look over it, which I dangerous. Most men lad written indie- certain acts and to put them together to was published was true, then their ver Excellency could buy 50 or 100 copies moter and thermometer, I must add that With regard to Mr gradually we gather items of serious losace Bix in the evening. He was with Mr Besie. said I would. I only gave a lump sum Icreet letters in their lives. Many had justify the assertion with which he not dict would be for the plaintiff, but he if he liked.

did not give very long consideration, as I been written overnight and torn up in the out. All these little facts came to contented he would not be entitled to any Robert Smith very clearly defendant could don't think Mr Wicking was more than ten morning; but when the editor of a paper gether in a strange coincidengo. Ho spoke heavy damages. If his Lordship was of have proceeded against him for damaging ha minutes in the office altogether. I wished him but written an article, he did not have now only for the sake of illustrating Mr opinion that the case was not one which trading business, but before he could take junks, chiefly by the sudden tempest accom to leave the agreement, but he said hanc opportunity of thinking. He did Fraser-Smith's state of mind. Everything cane within the law of privilege, then they notice of it he must connect Wicking with anying the electrical wave of Sunday could go Scale (recalled): I have received a when

hope that at some time during the case, that came to his ears damaging to his would have to give the verdict, withdainages, it. The mere fact of Mr Robert Smith nying

dise, that Smith's make cidence ane to diet wounded wat suting awarded true others to copies once to on the 7th Jane, and he had not what J. E. Beale (recalled): I have received a when cool reflection had arisen, that these interosta seenel to emanate from, but boaring in wind the honesty of the saying that before he answered the lettering which in force and suddamuss was of I wanted. Yos be said "I remember it." copy of the Shanghai Mercury since last charges would have boca withdrawn. In- the whole feeling against him aceed to defondant in publishing what was consent him he would ask Mr Bain's advice a phenomenal chamcter

in a degree that has self-would be un exceedingly shadowy ground not been experienced since the Tornado of I asked him if he did not recollect his Court day. The percentage of matter, stead, as he had to point out yesterday, they centre in the China Mail and Mr plained of, and that it was done in self-would be un exceedingly shadowy grou

stend, as he had to point out yould see the Harry Wicking who had given it as Lordship would om the witness in the hex, yes had gone abroad. The only question onoce, so to say, two brief saking me to look over an agreement as I that is area of printed space, is about 50 per had been aggravated. They would see the Harry Wicking. First he had heard defence, such dunoges must be slight. His for a charge of conspiracy

Although ifferent conduct of the two ine, his opinion that there was not rom for nothing that he, as advocate, had said durate cast was as to privileged conumunica

Mfrom Mr Bain, who had given it as Lordship would also tell them that nothing an apology had been made in Court, it was April 1878. was leaving the office and that I said I had cont more than the other. Each paper has different conduct of the two e-M from Mr Bai, who had given it as Lordship would also tell them that nothing

He said he remembered four pages and each has five columns. Wicking anxious in no sense to assault Mr his opinion that there was not rom for that had fallen from the witness in the box, only after the evidence of the other wil then no time.

Since the 15th ultimo we have experi- perfectly I asked him for a letter to this There is a great difference in the columns. Fraser-Smith, but only to visticate his own another paper in Hongkong, which simply nothing that he, as advocate, hal said durnesses had gone abroad. The only question effect, and he at once began to write one. The Mercury column is 120 picas long and character. Mr Bain's evidence had not meant that if another paper was to be set ing the hearing of the ouse, was to be in the case was as to privileged communicansed, so to say, two brief hosted terms, effect, and he at once began to ex facility 16 picas wide. The Telegraph is 9 by 13 Character, ad he thought this could not the expense of the shur Wicking inter- learned coméel quoted authorit As he did not seem to have much facility 16 picas wide. The Telegraph is 97 by 18. gone into the defence of his own on foot, and to succeed, it could only be at taken as an aggravation of the original tion, which was duty and interest on the during which my thermometer ruso to 007 inexpressing himself, I dictated the letter. The difference in the cost of printing the character, and he thought this could not the expense of the existing papers or one offence, if offence there had been. The part of the person making it, and a core and 02 during three days com

have been done. He did not inter-learried duty

think it of them. Then Mr Harry Wicking inter- learried counsel quoted authorities on this sponding fity and interest on the part one term being at the beginning and the Afterwards he signed it in the presence papers would be 12 or 13 per cent

signettor of three persons. This letter I asked him.

necessary to nak Mr Baina question fored in a matter which did not concern him, point. Summing up the points of his con- of the person receiving it. There had if he gave willingly and he said he did; very much better. The difference in the about it, and, therefore, all Mr Bain's and in a way to operate adversely to Fraser tention briefly, Mr Francis left his case in been no case where the principle had other at the middle of this month; preceded been extended to a newspaper article. and succeeded in each cans by alternationis no pressure was used. That letter is true price of paper would possibly be $7 or $8 evidence came to was about his estimate. Smith's interest. Mr Wicking takes a the hands of the jury.

Mr Fraser-Smith had admitted that the draft agreement sent by Fraser Smith to Tho Judge then proceeded to sum Portinato interest between Mr Fraser-Smith There was no common interest, no cu

crust of sultriness with rain squalls, producing i in every respect I wrote the memo, per month.

estimate was a bond file one, and they had Souza for signature to Mr Buin, who was He said the real sting had been taken out o heard Mr Lain's explanation of the matter. in the same line of business. as Mr

and the general public, between Mr Wicking feeling of chilliness, and unaccompanied by business. as Mr of the case by the disclaimer on the part of and Mr Bain and himself. If these gentle any period of regular asonsoon weather 6x- of Mr. Fraser-Sunth. Yesterday I could not be done da paying job under Mr Hayllar did not intend to explain it, as Souza and discloses the terina of it to the defendant that he had had any intent Mr Bain and himself. If these gentle any period of regular moti

to it. Mr Bain tion of saying that they felt aggrieved. had his remedy. The Mr Francis wish from 34 at 7 am. 86°

inen ed be that no such memo, existed, but on reading was a proper newspaper. I would not have it. He did not even know what pice was himself admitted that any new paper started and

at any new paper started and apologising if they felt aggrieved. e over the evidence I recollected bout the taken it for less myself, as mere business It might be a fish for all he knew. They would be necessarily in opposition to his When the case came into Court he agreedy. They could not set one On Sunday the thermometer muddenly mos mintter. The memorandum T-destroyed in as a job printer. I considered the cost of had got the pics from Mr Heale, muds own to

pics from Mr Beale, business would naturally, the learned conto some amicable arrangement, which might arguing the point, but it would not neces-

do a certain extent; and any man of

mofgested that the parties should try to come libel against another. If Mr Francis wial-

7am. at noon ta coed he would give him an opportunity of It was merely a print Iterfect bewilderment. Mr Souza's presence. It was merely a printing another paper in a foreign language out in a certain way, under Ager business would naturally, the learned conne e amicablo arrangement, which might as the ont, but it would not neces-98 at 4 pu.; causing a feeling of great draft of a letter to send to Mr Fraser about 12 months ago-a daily paper. It tain per centage, somehow or other, in sel proceeded, be delighted

lettor to send tr

seo a vouture have matised both. It was new admitsitate another jury. Mr Franels had ad- lassitude and succeeded by the violant tem:

aventure have the charge to bear in Then for a moment to CoB- Smith honestly explaining his position. I was a little larger than the Mercury, but the perfect bewilderment. As he under which was started in opposition to his own, have antised both. It was now admit-alging the point, but it would not neces- 98 at 4 pin

position to his own, ted that the charge was utterly wrong. 22id), that fall. Then there was the rumour which One thing they would have to bear it quitted that the article was defamatory pest above noted. On Monday (the gaid)

which to that the charge was utterly utsitate anoth, had nothing to do with the article about the type was to be larger. I offered to do it for stood it, Mr Bale's estimato was thine fall. subornation. I had nothing to do with 9400 a month, and the proofs to be corrected of a printer, such us estimate as the had been referred to of some 50 or 60 mind with reference to this

of

the had been referred to of some 50 or 60 Asetning for a moment that it was the barometer stood at subornation. had tever heard outside. I may explain, however, that there proprietor of a newspaper would ask his copics for which the Governor was said to was that the plaintiff was a private intiring for ment that it was been referred to of some 50 or 60 One thing they would have to ng mitted the jury. Mr Francis had ad- dummie conversation. I was

there proprietor of a newspaper would ask his copics for which the Governor was said to mind with reference to this cane, and that on came the question of damages, pest above noted. On Monday (the adj

Jouked subscribe privatothe China Mail. Then supposed could but could be criticised

That was tmeid by indivi-Assuming about it till I saw the forted of about it till I saw the article. I have had may have been more matter to set up in that manager to make out. Mr Bain had looked subscribe privately. That was tmed by us at the point

That was toed by dial and not a public officer, who it was sider whnt damages the plaintiff had sui- and not a public officer, who it wasnot justified, they would have to con no hand in the systematic persecution of case. My estimata was founded on the up the matter as a business man, Sucing the defendant to the Chin Mail. Then Mr Fraser-Smith. I have only sean four basis of a remunerative concern. The basis that this estimate was tena fide, and that there was the assertion of Mr Robert supposed could be attacked with impunity fered. If they wondered what the

per Mr Wicking's Conduct was aler in fide, Smith, the sub-editor of the China til, fairly, but it required very ground libel and that it was not justified and copies of his paper altogether, three of of my estimate for printing Mr incide, aisy, but it require which contained references to myself. Up for a than outside would be an approxima- they would have no latation in finding that certain advertisements of Une Telegrug Justify the unnging forwrong that the defendant had repeated it, that which contained references to myself. Up for a man outside would bog a newspaper Me Wicking's conduct was aler, in fide, Smith, the sub-eslifor of the Chine Met, and that his public acts could be criticised fered. If they considered that there was the to the of the was to be taken as aggravation of daninges. to the time Mr Robert Smith told me that tion of what it would cost a man himself in verdict, and in giving the full amount of were dummies. Everything that Mr sots of private individuals. The article was to be taken as aggravation of damages.

article was to appear. I had mosity: 850, for rent and taxes machinery. It a nian's characte certain contempt outside. which they were now told that

mith told me that tion of what it would cost a man himself in verdict, and the Telegrafairly, but it required very ground

should have said about lamages. It was not vindistiveness, but to Fraser Bmith found being done or said was headed. Personal

if they found ne mualice, then they would stood ut this no idea his own office.

and the that Mr. Fraser-Smith had any animosity. 850, for rent and taxes, and another $50 mark the way you think of it. 850 given for against him came from Mr Wicking, Mr ticle was personal. It bore out that reduce the damages. In the case of a pri- I never conspired with Mr Geo. Murray for the use of my stuff and machinery. It a nian's chamcter

It a nian's chamcter was a small amount and Bain or Mr. Smith of the Chir Mail, romark. His Lordship read the portion of vileged communication the plaintif would paperluaneros at a Bain against this paper. The thought ne is entirely different from an ordinary job, exposed him to a certain contempt outside. Then there was the noside in the China

ordinary job, exposed him to a certain contempt outside. Then there was the noside in the Ching the petition, which defendant denied and have to show that there was express malico.

The thermometer fell to 78 during the ver entered my mind. Iluve never ashailed as it had to be produced at a certain hour. If there had been anything like a different Mail, which they were now told that Mr those he admitted. It was denied that they

The Judge then fut the following ques Mr Fraser-Smith's character. I never had To give reports of four or five columns and disposition shown by M Fraser-Smith, he Wicking had nothing to do with it. All published the words merchant and contious to the jury

21st, 2nd and 23rd, and has now risen gra com- Do you find that the vertain would not have aeted for the full amount this bore hardly on Mr Fraser-Smith and mission agent. It was for his Lordship to a quarrel with him. On the morning of the have the paper published at

dually to 87% trial I merely said to Mr Sonza in an off hour, you must have a large staff of of damages; but he had repeated his hore hardly on his paper. He finds say when that question was raised whether it complained of truer occasion was lusti compositors, which alone would cost about charges, and he did not in any way there is an under-current working against could bear the construction put upon it. Asamping that the occasion, was Justi

P.S.Keeping this for the night steam hand way to be sure to appear at 11........

Store, which are a large vertain woultion shown thing like side. Then the Mr. Smith Mr Wicking aidots of private bringing frong grinind

working against are true? lelor libels dial the light of a person hint, and he rushes into print and do He said it was not capable of hearing the art of privileged, do you find that the I now hear of the Earthquakes in Manila Cross-examined by Mr Francis:-My re- 8150; you can't gut compositors here on an come in lations with the late Mr de Bouza were con emergency as you can at home. The paper entitled to their sympathy. There had fends himself against all those whom said it was not capable of hearing the defendant printed, and an lations with the late Mr de Bouza were coll

construction. It spoke only of his position and published defama of and consider my theory of the electrical it is printed on would be another consuler been a great deal imported into the case he believes to be working against bra as a man, and whatever the resultinight beto try matter bond fide for the purpose of fined to sending him expresses to print, ation about 860 or $70 a canth. Deli which was not true. It had been denied The simple statement that there was a con: his business it had not been spoken of as a nice and some small jobs of printing. ir. Sonne very is or five coolies, at a monta printed on the merest suspicion about anything of the jury to besse in mind: examination that the Robert Binith, bought a great deal of inch own libel on

is also provided in the agreement. I in the most emphatic heer so it would have been a ground for the complainant stationery from Lane very is also provided in the agreement. I in the most emphatic a great stationery frum Lane

fumus on-heep you award

the agreement. I in the most emphatic manner by Mr spiracy was as much a libel as if the co-his business it had not been spoken of as a indicating hinaelf, or was he actuated by wave confirmed thereby. Crawfer great deal of station Bir Sonza ation-nhout would be another The paper entitled Crawford that was all the roal business have to employ five coolies, at a month. Wicking, and the article had been spicy was described as a detestable gun his tree or bushese. If this ad 3. What damages, it any, do

tlie roal business For gis I would not have put down so much printed on the mereat suspicion. In a spiney, or an abominable conspiracy or calculating damages at higher rate. It there was between us. I rarely went to as 935, sa that is about my own bill, which small place like this rumours Sew about anything of the kind

bill, which small place like this rumours few about anything of the kind. The use of auch had been stated by defendant in amasse kind piracy or so it would have been this lice

een stated by defendant it ass following snawa,"No."

The Jury retired, and on return gave the rint in mind examination that three persons, My Wiewing awa young Souss's place. That night I went for air Wicking must have heard from me. like wild-fire. In the tropics, he presumed language, he asked the jury to bri young Boeking whether he wise then Thereforethit not focus there firing public. He make the own mind, if not for have been a tration, and as Mr the purpose of seking when advice as to must interfere seriously complained very local fore there was the inore reason The question was one bury to docide olently a conspiracy to promet This of contse

buse the purpose of asking whether he was to print Being printed at a curtain hour, the paper all communities became tindery, and we in did not make the libel my verso, As to king, Mr Bain, and Mr Robert Smith,

To the first question, the Telegraph I gave no advice as to must interfers seriously with other work, this Colony were findery to the extent that the stateinant itself, that there appeared to wore an interested glogne it would bear Noon. I know that ruch a publication was

Mr Souza complained vary local rumours do fly about Norrespon it-that

the extent that the stake the libel any its mind, been stated by defender rate. It the complainant any, do you award proposed. When I went in I had not seen I know Mr Souza complained vary local rumours do fly about. Nobody escaped be a conspiracy, he asked the jury to sity wore an interested pleqno-it would bear Pof

for me. This thein: Therefore there was the incre reason that the publication was a privileged one struction defrudent put on it that these counsel and special jury certified any of the letters and knew nothing of the much in a paper le printed for me. This thoin Therefore there was the inore reason that the publication was a privileged one that construction, and that was the on- terus. I told him he should be careful

eful was not a very successful concern, in con- why persons should not focus these flying The question was one between him and the come and special jury certified. careful sequence of indication of the character before entering into any continct to print a Treasury. I would say that I would print asked for the full damages, motory at the information of the Court, on these pur would have been criminal thing. That orte in the columns of newspapers. He ting on in Hongkong This of course before entering into any contract to print a sequence of the editor absconding with the reports in the columns of newspapers. He pable. He asked the jury to docide clearly gentlemen had organised themselves into

public. paper. I did not ask hiur then to show, Treneury. I would say that I would print asked for the fall damages, not only sa 4 and distinctly in their own mind, if not for conspiracy to prevent his paper get- I did not ask him then to show me the Telegraph for: 8200 to $300. I never tionde beliere, what he wrote to be true; Francis himself, put it they were not.

Police Intelligence." 1 id the Telegraph for: 8200 to $300. I never vindication of the character of his client, but the information of the Court, on these papers connected with Fraser-Smith had the slightest fear about the starting in discharge of the public duty which every fioulur points, (1) Did the defendant was not a positive allegation, and as Mr not tell him he might consult the.. I don't the

- De

(Before II. B. Welchowa, Kay,, Police of this new paper. Fraser-Smith had jury owed to the community, that they bona fide befiere what he wrote to be true; Francis think Fraser-Sinita's name was mentioned spoken to me on the matter. We were on should mark their sense of the injury done. (2) If so had he reasonable grounds for sixfluenced by the construction of the lan

to be

Magistrate.) I did not see han till the 7th when I went

Mir Francis, in addresaing the jury, began deliberate unlice fimply to injure portion of the art instabos that and a party of Police on the 26th instant, Indie, Wine,

believing, or (3) did he write this with guage. about some visiting cards I asked him friendly terms before the issue of the cir Afr

PUBLIO GAMELING. no questions after the 3rd because I under cala Hensted me what I thought of it, write it to defend portion of the article beginning that it no questions after the 3rd because I under- and I said I did not think there was 100m occupy a little more of their time than his himself. As to Mr Wicking personally defendant had taken the steps he did. The on a gambling house in Gilmans Bazaar

under.culars. of

Aruid was made by Inspector Ludy afood it was completely abandoned. I saw for a third nesipaper: Thad tried it myself. learned friend who had just addressed he distinctly denied that anything asid of 1pry could see for themselves whether he No. 4 Nineteen prisoners were arrested Shanghai, stood it was completely abandoned. I saw and I said I did not think there was foot by saying that he was afraid ho would deliberate malice simply to injure Trage Hardship then quoted the no circular between the 3rd and 7th announce Mr Fracar-Smith has been a contributor to them. He would refer in the first place to him in the article in question had anything took any means to have the matter inquired two of whom are at present in Hospital,

circular between the 3rd and 7th sunounce for a third newsper; I had tried it myself. occupy a little more of their time than his Wicking, or (4) did he write it to defend portion of the article beginning that it ing the publication for the 15th. I saw one Ho in

Mr Fracar-Smith has been a contributor to learned friend who had just addressed himself As to Mr Wicking personally, with the greatest reluctate that and of the 10th. On the 7tb ha seked me to the Chistest matter of fact, one of the remarks that had fallen from his whatever to do ith him in his buinces uk any means to have the matter inquired two of whom are ad present in Hospital, hang

Cross-examitien-Arz mattor of fact, learned friend, to the effect that he re capacity as a merchat As had been It seemed that there was very little done attempting to scape by Jumping from Shyqreigns, look prar it. I asked him to send it: I did I may have mentiound some of these figures gretted to see that no opportunity had been already painted ont to the jury, the use of These people were very good friends, and adow of the house to the ground Ons Shares

into before publishing that in the paper, having received rather severe injuries from Gold Lest, 99, fing: not sak kim to be careful that the document tempting to see did not go to Fraser Smith. I said nothing to Mr Wicking but not an estimate. Bome

ment to Mr Wicking but not an estimate. Some taken of withdrawing any of the charges the word liar to amish is nos of self a the matter could have been easily setelad of the prisoners was found hanging from

done attempting not an estimate. Some rotted to see that no opportunity had been capacity se a merchants had been into before publishing that in the paper, two of whom are at pregate about hum living in the same building have been put in by a man who knew of In answer to that he had simply to say applied to him more directly or dis their opposition. It seemed to his Lord-quantity of small silver, cash and gambling China Traders Ins. Co. 41,000 p. th. ex diy,

thern are ridiculous insan they must made in the article which was complained libel. It must be shown to have been by asking them why they persisted in the bars outside one of the window A Hongkong Bank, 100% prem, buyers,

must be shown to have been by asking es div. nor about Fraser-Smith having a bad nothing about 50th Ihould put that no opportunity had offered up to the mctly in his trade or business and must ship that no effort was made to find eat were found on the premises and one temper. I know Bouza Los al hoe down as a fair for the use of the present moment. His client had said that impute some fraud, misconduct or incapacity out what the position was As to the of the prisoners who were found on the North Chins Ins. Co. 1-125 per share. tempor. I know Sours has said these nothing about it month I should put that no opportunity had offered up to applied to him more directly or dis their opposition. It sočno post the bars outside one of the window A Hongkong Bank, 100% prem buyers,

more directly or die by asking there been easily settled dow of the house by jumping from

Union Is. Soc. of O'ton, (1,876 peshare things. It is untrue that they happened office staff and looks like profit, there appeared to be a certain conspiracy or want of some essential qualification for passage about patience being au sutidote ground injured had s dagger in his hand. Tata In Con things. It is untrue that they happened down as a fair for the use of the the by asking them why they pereated of the prisoners we found hanging from h

a fair I had neither Souza's permission, nor but is not. The calon was put to rag and be charged certain things as having his business. It had been repressated axinet calumny, it was for his Lordship Fraser Smith's, to submit the to a want of some casential qualification for passage about patience being an antidote

Sauza's permission, or office staff and looks like profit, present moment. His client had said that tinctly in his trade or business and must their opposition. It seemed to his Lord the bars outside one of the windows A Hongkong Bank, 106

The putation was put to me and bone by Mr Wicking himself that Mr Mere misrepresented the state against rad together in order to imprisonment with Fraser-Smith's, to submit the mutter to what is your opinion of this greanistit been done by Mr Wicking himself. He that Mr Wicking in his business as a con- to any that there was no allegation dealt with yesterday three were fined $100 H.K. Fire Ins. Co. 35 per shareILA

ac bus Mr Bain. In eaking advics I believed I what is your opinion of this agroanistik been done by Mr Wink we having his business it had been represented page shout painos being a sutidote ground injured had s dagger in his hand. Yangtess The Assoc 118, 220 per share was in eaking advics I believed I what is your opinion put to tag be hard to be a certain conspirsoy impute some effort the windows Hongkong Bank

Of the soventeen defendants who were Chinese Ins. Co., 300 per share. To print the Telegraph ik ls, I should said in this article of August 2d god he ao 8956 altro. was dating honourably

to say that there was no allegation $254. I could not say without asid now, that, as things then stod, of afairs to one of his constituents or was they had consored together in order imprisonment with hard lay and, in H. O. M. B.-boat Co., 823 Pho in a business and straightforward. To print the Terran this agreement and be charged certain things as you want one fraud, misconduct or incapacity ship that, no fost semned to his hard the bars outside one of the hanging from ly and in a business-like manner. I should roughly say $250. I could not say without mission each, with the alternative of three months Chins Fire Int. Co, $290, NA ly and in a business-like manger should going into it what profit there would be there was the Appearance of aspiracy guilty of some falsehood in say transaction interfere with the prospects of this remainder were ined len dollars ench, in H. G. M. B-boat Co. 923 prost

business-like manner should roughly say $250 I could not say without said in this article of August 2nd, and ho that Mr Wicking in his business ne a con have no objection to be dealt with in the going into it whist profit there would be. I said now, fat, as things then stood, son agent here misrepresented the state against these three gentlenenation dealt with yesterday three were fined $100 H.K: Fire Ins. Co., 2935

to labour, and the H.K. &W. Dock, 48 % prem. 20 same way. I in the first place to prevent hing getting it to hips and would be calentated & fojure to the words "waited and watched" same way. I gave no detailed satinata as to teasing existing reagan H;

de whether I have frequently written, to the red, interfere with the prospects

new decline to answer the question I supply copies of the Chise Mail to the g to injure him and his paper, and that would be a libel hecsque it ainted paper. He would call their attention remainder were fined len dollars sach, in Hid. M. S-boat Co. 82) pront

Ho Th whether I have frequently written to the Government Offioen. I think ten or twelve started at all Since Mr Bain And Mr him in his bauen. But the were in having regard to the friendly meeting each of the informers The osse of the Hongkong Gast newspapers, and also whether I have taken Government Offices. I think ten or twelve in the first place to prevent hing getting it that

and also whether I have taken To the Court-In making the estimate Wicking dented any combination between putation of lying ontside of his business which took place in the Hongkong Hotel two wounded prisanere was allowed to stand ons anger a

or twelve started to pretent hill getting it to him and would be calentated lajure the warda "waited and vatanian default to be imprisoned for one month Shad Steam Nov. 71, 3-per

And Mr MRI MPa sad to watched" on dollars of the OSTANE KOMACKIE CHERCHER

tibi, budget, him in his bandeide

Ten dollars of the fiues, when paid, to go to Ching Coach P. Navi Co. faut interest in and written upon public the Court-In making the estimate Victed at all. Sines Mr Bain And Mr to him and would be calentated lajure path would call their attention default to be

masters. I had not, after seeing Mr Bain

I looked at its fair, common sense them, held When this conversation took place about over,

Hotels

Hongkong Hotel Co and before I wrote the letter and banded business matta, allowing for a fair profit for any connection with any conspiracy would not be hala a libel, which took place in the Hongkong Hotel two woun

for such a letters. I

Some papers per pas in, and the case he was in a position to my that he

His Lordship said he might say at ones Jardine Matheson, Mr Fraser-Smith sald cashews Prose, it was only now that

he was in apualtional as only now that would not be hadde of his haufness having regard to thed and watched" default to be imprison

that he was prepared to advies the jury he still waited and watched. The jury admitted that there was in fact no.

u

"By Mr Hayllar: The paper is larger and

in allowing my letters to fall into the hands ved at the conclusion that the thing could

as I thought he had abused my confiderea Mr Bain's examination resumed-I arri-

have taken my place in the box and stated $350 or 8400 that in, supposing it he had not the winotest knowledge about Liu and asks his opinion upon it... Mr Bain tion of saying that they were conspirators en al ento ad into a conspiracy, he had

tion of saying that they were conspirators his remedy. If they had libelied Luins, he tending beyond three daya at any time.

and

no

ly

and

such

·

on was

ow

it him, any interview with Mr Bouze do not know that he had written Mr closed. Fraser Smith before he got my letter." "I

-

&

B

de

say

a

was

a

To the second, without malice To the third, $250. 1992.

Judgment, with costs, was given; and

that there was no innuendo in this case could put their own construction upp UNLAWFUL POSSESSION. Mr Heyliar said he was not going over the tion or conspiracy between the gentleman affecting the man in his bishop that The defendant lund sworn to the Wong Adring, M, a farmer, was convicted tld not say that the Agures on the background which he had pretty fally covered nained in the ardde for any of the piligosos affecting of the nota were mine and not Me Bain's yesterday, but he waited to say one or two, to which that artdale referred

to say one or two to which are bantalked thy charge me of a plaintiff a

Mr Francis proceeding next took up the that he had made threat to meroking yuterday, of unlawful posion of the

that he had *I did not advise sound has to key the words soon, no matter which had arleen so far sa that article dentala, my charge palit of the allusion to the personal apps that he would publish how

latter. His | bsakets of coal and a supan, value about only guarded him from out of the team had been called of conspiracy between head fettleme

med stance of the plaintif The magniloent Lordship quoted part about a much 86, on the 25th Instant we previous Have Bo that today, He

-fore the sure the whs How entirely withdrawn,

meg Hefla to one, He did not know if it referred so maligned and fall humanity and read be convictions for unlawful possession ware his personal pperance or not I might Wicking & Jotter The Bear which avi proved against the Affondant, and he have been intended to apply to his dently giren Mr Fraser Binith great anupyins £10, with the alternative of thee.

[wever, the: matter was a very ance

orodne, month'■ imprisonment with hand laboure

lotters with fill permission to show it to whals of

Fraser Smidy I never imagined that it upon

would be pubhahed. Before I went over

to Sonne

I sent over ny boy für

Bours to come to me

Swent to his

Caz all touched

Surte Belesised for it so far

He was sorry

поч

the evidence this low rate. Bonza Iview to lead bargain, and getu

restdelis

U Afuk, acco

720° 47′

6 p.n.20′′ 32′′′ Noon 29:43, 10 pm9°30′ 2 p.m...... 29° 40′ 11

29 38

On Tuesday (the 23rd) the barometer

71 2942 3pm.. 10a.m.29? 60"; 11

Quotations HONGKONG, August OPIUM-New Patia, cast

·Old New Benares,

New Maiwa credit Allowance, Thela: Old Malwa, credit,... 760 Allowance, Tas

Exchange,

We??

Bank, Wire

30 days sight,

months night, Crodita, Documentary, 4 months' aghty

sight, private

China Re Co. Chiver Imperial Loan

per

HK. Ion Co. aliare 81271 ON Hongkong Bakary, Bidi per amare,

Temu