1882-07-19 — Page 3

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THAMES-STREET INDUSTRIES, by Porcy.

Quotations,

Hongkosa, July 197

Cab... 8567

DTUM-New Patua, cash,30972

No. 6020-July 10, 1882,16

and getting out of it enollier. I told him ho Daniel Edward. Randmann, examined by minn says that you were turned out, and to have answered him, as he did, publicly and Mr. Inman, Why should there charges, the vile and scandalous charges, stand, ik, Mr Francie thon adid that should rather commit himself to a bench of Mr Francis: Iain an actor by profession, you have denied it. That is sufficient and straightforwardly through the columns people come here and give evidence on be that Mr Robert Free Smith had to though it was hardly correst, to have mid peace with yote. He said, No, that he would The narrative in the "Mon of the Time" is a ite-examined by Mr Francfs: The bkit of his journal, wat, to tho

of his journal, but, he thought, would have half of a stranger to the anil swear to forth against bica

forth against hitain the columns of that the advertisements were ordered to be Tragio Power appeared in 78 or 71. It justified fra in putting him in the place all that which Mr Bandmann went into his paper, and there repeated, not ones, withdrawn, still the fact that outweditent rather have you in gael. He also said he did fairly correct account of my life so far.

him not want to see you, that I had seen you was naled for a statement of my career by was never published in America. As far as whore he (My Smith) stood that day. His the box and said was all lies Let them cats but half doct

cake a dozen times. As Mr Sunith hid advertisements were sent to the Dily Press. not want to see you, that I had sets You Me Cooper, the Editor; it was supplied I can remember it made its first appearance Lordship night toil then that one libol was their own good sanse. He was not dealing at it, and as this aw said, the case had to mat China Mad showed that it was really I can remember it made its first appearance Lordship might toil then that and loved with legal technicalities, he was appeal bo proved clearly and beyond all reasonable dravik from the Telegraph, Mr Francis and gone down on my irness to you. I asked put me said, the not an

I Mr I him Jordskip might toil them that one libol was their own good sanse. He was not dealing at it,

the case that advertisements were with hon his authority for saying so, and he said partly by mo. There were no civil proceed in Sydney or Melhounis. It is a fact that no excuse for author, That was ho believed with legal technicalities, ho was appen to and as this aw said, the caso hind to a Mr Louis. I heard from Mr Bandmann Inga ana roccdings mentioned. The Dave Carson, who reprinted the Tragic time a more quibble of the law of England he was dealing with a case in which a man. Franer-Smith, having pablisfied those libels, said that on his own confession Mr Brazor

faken against me by Bira Rously; only I was in partnership with a muist named the law of England, but at the samoing to their acuse of humour and Justice; doubt agailist 4 Fasor-Sinitli, the criminal only I was It is Lordskip matood day

Power" arlic and other Francia: quibble of advertisement your press privileges and hear against me by Mrs Rottsly in Sydney or Melbourne first appearance Thee (Mr Smith) stood that do all that which Mr advertisement, that you had been getting realt of these proceedings were that I was Power" article, and sent thousands of did not compol them to sacrifice the in- was placed on a criminal charge. Justice having put in the pics of justification Smith acted in confession, hir Brazor advertisement, that yon had been

in-was public these fixels, into the Theatre without paying, and that acquitted. An unanimous verdict of unt. copies of it to China and other places.

doubt that they were true in substance and fact, was adopted a far more dangerrais mothed of Louise Nonudet examined by Mr Francia: rest of justice and fairplay for uny was all he naked, and he had to doubt flint, the put in the plea of justification, that Smith acted maliciously, and that he had he intended taking out a sunnions against guilty was given, and I was tried before the

a imaxim in bound to ould got. It was a imaxim in they were true in pub

maxim in bound to prove Aid boots and parpetrated I have been with Mr Bandup for a quibble of the law they were the sole judges justice he would get. It was

maxim in bound to prove equally clearly the truth of taking revenge for his injured feelings you, Mr Bandmann a fighest jury

Bandmann for three of the cas

caso.

Ho rosted his reputation, law that in all riminal enaes the pront avery one of the charges; and Mr Bant than if he had gone with his horgo I joined him in San Francisco hia honor upon them, for if they con nght to sonundrel, & fane had called you. Elty wes giren, and I. sonundrel, à fruits evidenen.

a fraud, a cheat and other tomis Mr Fraser-Smith objected to Mr Band-yours. I joined him in San Francisco Bia hono

Buy tried at DOL.

hia honour upon them, for if they con nght to be as clear as day. If an was bound in his own interest and whip and boots and perpetratod bur I cannot think of. He is very apt to use mann proceeding to give a speech, nuit where I had been playing in juvenile parts.victed him it would be utterly impossible for they had any bins with regard to for the sake of his reputation before assault

I am articled by my mother to Mr Band- him, if guilty of what he was charged with the ovidence that bias must lom to the world to answer and disprove these Bandmann's acquittal in the Rosby ongo Mr Francis thought that Mr taras such as those when nobody is there was not evidence.

hanyant ME watch as those is very harshest jury, and I was diot of Power" who I waited on Fur Bandmarm at the Hotel His Lordship said that as a fact Mr Franer roann because I am not of age. I have lim, if guilty of what he was charged with, the ovidence that bias must lom to the one of his reputation before assault,

aver to leek his fellowmen in the face. his side. Unless they were certain that all charges,

certain that all one after I received the subpons; I showed him Smith had brought videnen to prove his been and still am undur his instruction. he was guilty of having published theas they had heard for the defenco was false and, un by one; but no criminal was entitled him to a locus penitentin, and the

having with thosimply unfurdict in favour of his honestly do that he was guilty therefore in the first fons contained in

or required to answer one single fact that he had been received in Loudon unfounded, ho would ask them to return word of the charge until some prima with an evation he would never have the anbpoona and said that I could not leave plea of justification, and this was evidence I have always received a salary, but I now paragmple about Baadman with thosimply unfounded, ho would ask them to return oslo hoitud

salary, but I now be was guilty of having publish is side. Unlean the bis must Tom to for the sake of his receive more because I am leading lady. Mr intention of doing him injury, of publish a verdict in favour of insolf, mud he furie evidence had been given to show it with find the weight of evidence

hy v

a the Colony. Mr Bandmatan flow into a replying to it.. violony. Bandmacol violent rage, wont behind Miss Beaudet, By Smith said Mr Bandintann was Bandman has never made use of foul and ing falsehoods knowing them to be false, thought they could fairly and honestly do that ho

Sir Fraser-Smith

or that. He asked theived and said something about a conspiracy I not answering the question; he was making insulting language when addressing To. then he should ha rightly served if he wore that. He asked them to think as men, of the that he was guilty, Mr Bandmann was boon against hing. There was not a not called upon therefore in the first title of evidence to support the alle asked him cons Beidet, asked him to repeat the words, and then he a spoach on a totally different matter. He said unit

to Miss. Mylford now it he had received from Mir Band

with Lee Lam Kwei the re- provocation he had received from Mr Band instance, Mr Francis might have asked gations contained in the libel regarding the peak up, show a little spirit." Inindor of his 99 years of paual servirannn before this article we pullished: Not His Lordship, at the close of the defon Rousby case or that Mr Bandmann hind by the steamer hea said if I did not go by the steamer that I

I nindor of his 99 The Witness then continued: I was tried woman, speak up, show a little spirit sent to serve with Lee Lan Kwei the re- provocatio

years of penal servi-raann before this article would have to take the consequences, by the highest Jury in England and the assist in the instruction of the lady per-tudo. If in the evidence which had been unly no his stage, before his own coters, Brant casua

formors after bir a task: it was hard prosecution hetivo prosecution then portion of public to revile him and his publication of the interest. The defond-have done so no the Paleo Trandmann had rant's case, to dismiss from their considera the reputation everywhere of being a con- (Witness and received the two letters put Jury returned a vordiet of not guilty with formors after Mr Bandana has finished; put before them they could rat sen that the Bandmann hand publicly reviled the editor in the questi (With M. Baodmane, one of which in out loa Rousby; I never struck a Towupils, he is a sovers munter but a just ono, Smith) shall be that Mr Barlaann said gone out of life his (her Smith's) clients, been for the public interest. The defondjave done so n the Police Court, the pro editor to the question of the frath or falsehood temptibla women beater. Mr. Francis sail from Mr Babe Bandmann into and he man had forcibly Rousby ever ad auy hardy sither Miss by the told then, from Mr Babimany, one of which in out leaving the box. I did not strike or this was not an way task if was hard prascation was nothing more nor less than of a newspaper, a leader in some sense of of the defamatory anatser charged, as Mir with regard to the questions of tan kicking ood temptible to everywhere aduana ind of the Mr Bandmann lins been kind to a sacer vindictivo prosecution then he (Mr public opinion, a representative of a certain Freur Smith had utterly and entirely failed of the reporter of the Telegraph that if the stay assault. Mrs wo-work,

prosecution then lo car Francis) formed him that Mr Bandmann interestin ou leaving the box. I did not strike or this after bir Bandmana has finished; tudo. If in the evidenes which he before this article we published: Not instance. Mr Francis are in the first title of evidence to There was not a ing some time longer in the Colony, and he man all in my life. I never told Mr Ogden pupils, he is a sovere master but a just ono, Smith) should be very much surprised. I portion of public interests, but he had to show any ground-any ranson, why the the person concerned had had anything

Ware Ho lost his was publication of the matter van de would hare serious to compisin of, he (fr Fr Wished witress and the other members of that I had forcibly taken the book from and occasionally irritable. the company to leave by the Brindisi. Mis Roushy. Mrs Roushy neve had a heard him call any of the actors or actresses ing vindictiveness very much to be deplored when he (Bir Smith) was a blackguard, how thus put forward one it could, or per pace. He thought Mir Bandmann had

Roush house ant had not put forward one single fact to have done so no the Paliec Gourt, the to leave by the Brindisi Mrs Roushy. Mrs Rousby never had a patience with Miss Mylford. I have never "I will put him in prisa thereby show paper, by going to his fr Smith's) clients, been for the public interest. The defond had not the slightest doubt that he would company to in evidence that Mr Banlmann said gone out of lifa way to revile him and his allow any grund-any ronson, why the the person concerned had had anything The second note was a warning not to book to snatch. I never have had any heard him call any of the setore or actresses ing vindictiveness very much to be deplored whend vortisad and subacribed to his paper, at for the public interest. The defond had not the slightest doubt that he would heighton the offence). I have been actor convertition with or offered any explanation A by El. I have never seen Mr in a man who depunaded for his livelihood and saying he (Mr Smith) was a blackguard, had not put forward one single fact to have done so n the Police Court, the pro and manager from 1854 in America, Austo, Mr Ogden with reference to that caso. Bandmami take either Miss Mylford, on the

ondered how any would have been derived from the public. exhibited very little temper on that occa Zealand and Canada, Iwa in. It is not true that I

nised my hart to Miss Raymond or Miss Fergusson by the told then, when the article entitled Tragic one in the Colony took in such a paper. Iftion of these libsia, and to enable the trathion, as had been insinuated. Then with raised my hand to Bliss Raymon either Miss Mylford, in a man who deputed to be deplored whend vortise to his (Bir Smith's) clients, publication of the stay ronson, why the the person raised my haul to Miss Raymond or Miss Fergusson by the on the patronage of the public. As he had and a soundrel, and wondered how any show that any public benefit or fit to have done so nt the Police Court; the Now Now Oriosus some ten years ago I was strike Miss Ruyaond in Calcutta. Enover shoulders, and shake them violently or Power was published he had no more that was not sufficient justification for libel of these matters to be decided apin, it was regard to the threats said to have been used

sling, if he had libelled him, he was very just as necessary that he should show it by thon manager of the St. Charles Theatre; raised my hand against any lady. It is a use language towards them which made them ides of hurting Mir Bandman's feckings ling, if he had belled him, he was very

Try just as necessary that he should show it by Mr Banduann towards Mr Fraser-Smith, M: Bandmann lie that a person the name of Nunk in cry, it might have happened that is the than dying. He (Mr Smith) simply wished much mistaken as to the moaning was for the public benefit that they r Francis did not think that the editor of

Dr Bendibar was owner, Mr Bitong terposed on that occasion. I have sworn uso of Miss Nollie Fergusson I may not have to provide amusement of a kind, very poor of Blue English laws of fibok."

Had was playing an engagemont at the Academy

were published as it was for him a newspaper hail any right to resort ta Misu Milly Fal. vocasionally at the male members of the been present when that lady was examined amusement for his clients the public. He Mr Bandmann taken civil action, against to show dut they wore true. Mr Francis other than the orviinnly weapons of the law mudo leading heavy woman, had no wish, no desire to vility, to injuro him he (Mr Smith) would have had said it was necessary for Mr Bandmann's to protect himself. Suppose it had been the same time. There was nothing company, but never towards the women as she was made lending heavy woman, had no wish, as desire to vility, as inince him he (Mr Smith) would have had mor, at the same time with Me Band. The expressions said to have been used to a very good position for a girl after or to defame Mr Bauman in any single an opportunity of going into the interest for his reputation before the pub. trao that one of the file mantlers of Me that I say in connection Mr

ergoed

box inatin which caused a great scandal: 1 day are foul lies. I have not been in the she had been engaged a few weeks, respect, and on the face of it there was no box and wating what he know about the lie, for his whole fature hife--although in Bradmann's troupe had been, ill-uand or have heard of the great Rousby caso: Mr Imbit of swearing at Miss Boandet; Inover I saw no disturbances at Calcutta between single libellous word or sentence in this case of Mrs Rovsby. He should not have in

of Mrs Rovsby. He should not have point of law it was strictly speaking un abused, of which there had been no Bandmaun told me that he had had an did so. I have never laid hold of either My Bandments and Miss Rapmond; the article. The learned counsel had tried, and felt any bitterness towards Mr Bandant becassary that he should get into the complaint made until this saag was oom- altercation with a lady about some it was themed, th

book Mrs Ogden or Miss Raymond, and Mrs pour girl was consumptive and three days he (Bir Smith) thought very unfairly, to If he had injured leis coputation, no one witness box, yet it was unavoidable, consider insced, that was not sufficient evidence She refused to pay him, and seized the Ogden's statements to-day were very un-after was sent to Adelaidu. Mr Bandmann draw certain inferences from the article could blame him for trying to recovering the play the was avoidable, consider menced, that was not sufficient evidence the shape the ease End taken. For all to prove that Mr Bandmann was a cowardly, book forcibly from him. In the scuffle grateful. Miss Beaudet has been about at that time did not use abusive language

BORD

sive language Tragic Power and mix thenx up with a damages. If he (Mr Smith) had been con etical purposes Mefense on Fox all to prove th

Mr she foll against the wings or some part three years with me. When I first becans towards her, nor did ho raise his hand to subsequent paragraph which was na alleged victed he should have felt that he was pro-stars Fraser-Smith's defence confinest wonna beater, Ms Frandia

He told me ncquainted with her, she was playing javo strike her. As a rule I was present at the libel. He said unfairly, because they had perly convicted, but Mr Bandmann did notes that it was for his app itself was a com of the stage proporties.

was Iris without doubt, brought it Handmann rely shaped concluded by saying that the articles, that all the actors went against him in nilo jurts in San Francisco. She has been relearsals which took ples in the cabin of to take that article as it stood in the intake the ordinary case, hot took criminal tags that this for mitowa private advan-into doidon and the trial, that it cost him a great deal playing as any pupil since. I loft San the rossel, and had never seen Mr Band formation read. The libel in this was in proceedings most vindictively. Not only had published; that he did it in detect of his that point there could not be tempo

Bmoney

defence of not be the slightest. of trouble and a large sum of money. on eminent t

Francisco. My wife, Miss Milly Palmer, ran take hold of Mias Raymond by the calling bici, Daniel Edward Banduan, he obtained the assistance of an chingut own character and of his newspaper. That hesitation. If the charges made against Mr

chart Daniel Edward Banduan owner of his over the world, and believed, Mr. Francis He told me a lot of his own impressions. is with my family in Germany, and I unarm

"Trumpst blower" nothing more or less. firm of solicitors, not only did he retain an the defence of Mr Smith's own personal or Bankimunn were truc, were cirenlated call I know Miss Mylford. Her mother placed in constant correspondence with her; I Cross-examined by Mr Smith: As a rule Tho inuendous in the article, the inuendoes entirent barrister to conduct his case, but private chameter, or the defunco of his over the world, and believed, Mr. Francis her in

charge in Bombay where she first hear by every aual. Not one of the ex-I was present. I was not always fhote my

which had been put in, the double mun- three days before the trial came on he gote

he got newspaper could not he thing of public asked what would become of Mr Band. J. Arnold: Ijoined Mr Bundmann's troupe ings which had been put in by the Attorney the leader of the Hongkong har to conduct interest or of any public benefit,in the math as an actor professionally, and

conduct Newspaper meter, or the der personal or Bankimun ared. She joined in Caleutia. I have pressions said to have been used by me to apper seen him ill use that ad Forumit. I appeared. never seen him ill use that lady, hut Mr day, were ever need by me. I have tend the in February this year, and have been with for the prosecution, were simply that the his case. By

nisionally, and for the prosecution, were simply that the his case. By a certain clansu in Lord

certain claams in Lord sense in which those werds were used with into what society would he be admitted? Bandmann told me that has lost ab utamate," and dammit. 1 ay explain to rehearais along with Mr Ogden. I have meaning thereby the sail Daniel Edward criminal prosecution for libel where justi-ir Francis thought was quite clear. Theretion in finding Mr Fraser-Smith guilty of Baudmann told me that he had done so word's For Heaven's sako," "For God's the company see. I was in charge of the name of Trumpet blower was mentioned, Campbell's Act, it was enacted thrt in a reference to libels and defamatory mattor. He thought the jury could have no husita-

mature himself. I spoke to Mr Bandmann about bake," her being nervous and found a little fault your Lordship that the expression "For best paesent at every rehearsal since Bandimaan. The remarks of the learned fieation was pleaded the prosecutar if age was a perfect distinction suuwa, between

been drawn a the offences, of libelling Me Bandmann

raher justi-erence with her, and then he told me that he used God's sako was not considered to be so joined the company. I never heard Mr counsel about the biting of the nurse's par cessful was entitled to costs. From that's private interests and the interests of on the 10th and 14th June; and in finding entitled to costs. Fact in the public. The truth of supposing that fate Lordship sutid he did not, as of the members of were simple nude Francis had no right tundust his case, of having some of the most ofthy language I ever significant and was quite of frequent occur. Handmann address any of the members of

were simple nonsense, had nothing to do they could see Mr Bandmann's object in the public. The truth of the statements snek a verdict they would ou conferring a heard ont of a man's mouth. I remen reuce in the German language, and I having the company by the foul terus previous with the case, and Mr Francis had no right obtaining the leader of the Hongkeng bar that Mr Smith had made-supposing that favour upon the public.

made--suppost His k his summing up, stented with hint, told him it was bad taste, boun educated in the Gerinan language,y mentioned, I have heard him say to put it atented with hint. told him it woule excused although I tried to avoid the use of it, some These were used to all the members of the tall them that so far from having malice et notes, and the eminent tragedian fer the public benefit as distinguished from

him say to put it before them. There had been a to conduct his case, of having a barrister to every one could have been proved to their His think he and always told against him. He sonic damit for God's anke" and so ou great deal said about matice, but he could sit by and take down votes, of having porfeet satisfaction to bo true in substanes would be able to finish his summing up, as himself by saying that one could never times de use the term; but I have never These were used to all the members of the toll them that so far from having malice other legal luminary to sit by also and take and in fact was no defence unless it was there were several papers which it would

sad these expression towards women.

worden.er get anything out of a woman unless one used these expression towards women. I company, Mr Ogden included.

in I have towards Me Bundmann he (Bir Swith) down notes, and the eminent tragedian for the public benefit as distinguished front he advisable for him to have in order; he frightened her. I never are never These were used to all the frightened her. I never saw him abuso a have used the remarks In the name of heard the evidence given to-day. I have had been actunted by the most friendly himself to assist the three legal lights private and individual benefit, for their therefore ndjourned his summing up until

"In lady. Mr Bandmann is in the habit of heaven" or "for heaven's sake" merely never heard any such expressions as those sentiments. Mr Bandmasin had gons in clinching the case bene. Considering being published. Mr Smith had in fact to-morrow morning at eleven o'clock. awearing at his employees; those he can for the purpose of teaching and inspiring mentioned used. Bliss Raymond never was about the Colony calling him a black that he (ir Banith) was unrepresented by pleaded his own interests and the interests swear at. He discriminates. I have seen the the actors and netresses under my charge. in Bombay with the company. I never have guard, a scoundrel and a great many Counsel, Mr Bandmann might have shown of his paper; he said that they were injured article Tragic Power very often, in Austra- I have instructed all the performers in each sou Mr Landmann shaking the femain other vile numes even after he had gealer eansideration, and been content by Mr Bardan's conduct, by the

performed lia, Calgutte, Shauglini and here. Mr of their parts in all the plays performed, members of the company by the arts sought revenge for the publication of these with only one barrister. lia, Calcutta, how discussed the article the Indus for the purpose on thur per-

That was one language which

one language which Mr Banduan lead used Russell. This Illustrated Pamphlet on Per Hand Caluta, Shaughter, in Austrators and actressing and inspiring never heard any seven to-day. I have towards at so far from havin Bandmann and I have discussed the article Misa Haymond was in my cabin on board violently. I never heard any complaints paragraphs. They had had it from the first more evidence of the vindictiveness of the with reference to Mir Fraser-Staith. Mr faners, &o, published at. Od., may be bul together very often. He was very wroth the Indus for the purpose of being instruct of this.

ofle discussed the Mr of the instructed as under inspiring more heard any

dark of the Magistracy that a few prosecution. He would simply ask them Francis asked the jury to suppe quutis from any Chomlet or dealer in per when it appeared if Calcutta Brat; it was e, when Miss Beaudet or some other per-

aften.

other per-

By Mr Frason-Smith: I au prompter, tintes after he had left the Court, he to use their good sense in weighing the for one moment that Mr Baudunuz has fumery in the World, or JOHN GOSNIA & published there by Mr Oarson. pub axamine

Don was general procent. Fraser-Smith: I The terias I have mentioned were applied the audacity to use the term "auri would be utterly impossible for any editor to Mr Fraser-Smith-as a matter of fact sonte suge person, should no, more

and also take part in the stage management, hail, in a public office of this Government, evidence. The liberty of the press was to use much more injurious language than On.. Leidon..--[APTI.) Cross-examined by Mr Francis: 1 have

Cross-prosent, Cross-examined by Mr I a certain extent at stake in this trial it any that he had done, with reference

MARITAL.Husband and wife," says cated trouble, but only to myself, in the am German by education and birth, but to all the members of the company.

ous sepundrel" towards a man whom he Company There have been no complaints not a German subject. I am an American. Compar Bandmann about my treatment decision of the jury Lordship to reserve ever seen her violently Mr Band-Individual! He thoug with him. If than one true principles of liberty a

Tam

Alfred Donaldson: I joined Mr. Band. was criminally prosecuting for libel Wax to show the slightest amount of independ- the only evidence was that he had used struggle made to Mr

Mr Fraser-Smith In the event of the man's company at Bombay on April 7th.tak

that a man who

Flu had a right to come before ence in public criticism, if their finding abusive language-Mr Staith was bound should struggle for the possession of a lighted to get the last word that they of the other members of the company. decision of the jury being against me in the I was present at all the rehearsals at there and ask them to send him (Mr Smit.) laid it down that fragic Power"

|

has Tragic Fewer editor and proprietor of a newspaper though lomb. They don't. The wifs gots it with There is a gentlemen named Arnold in the trial, I shall ask your Lordship to reserve Shanghai. I remember Miss Mylford to prison! Was that a man who had a was libellous. That so-called palladiums might be, to avail himself of the bob." They don't. The wife gots it with

the pro out a struggle. company. I have frequently used a roug your decision in order that I may plead have never seen her violently shaken and right to pass before them as an injured of English liberty the Fress, which petion of the low and praeced against hira

Irony Panganga towards him for delaying rchear that the prospention, was illegal, for no frightened and made to ery by Mr Band-individual! He thought ant, and he as had been said had wielded more power for libel. If he or his friend had been 16- eals, etc. I called him a fool, threatened to foreign subject can instiinte proceedingsmann. I was more intimate with Miss thought they would agree with him. If than Lorda, the Parliament, or the naited the Polico Court was open to hir

a fool, rohearr decision fight him. I figured in the Polico Court against a British subject, unless the per- Mylford than any other member of the Mr Bandmann had been so greatly injured, people, the true principles of liberty no for his remedy. His Lordship would, tell

figured, threatened to fit the proscention was my plead have be. I remember Miserale at that a man who had a sign for libel Wax to a here for narsulting one of the members of sons prosecuting were distinguishod indivi- company. I know her in Bombay. I never or felt thao articles so keenly as he said far as the press was concerned, were to a them that he and no right to attempt to net

per- in of

these

keenly injured, people, orda, the Parlians more power ction of the lo avail himself of though bould struggle for heard her complain of being ill-treated by a did, he would ha, kul discretion not oxtont imperilled by this crinital unself right or protect himself in the way the company who had insulted my wife duels as laid down in the law books.

His Lordship That should have come Mr Handman, but I have heard her counough not to go running about the Colony prosecution. He should ask them to und he did. It was perfectly clear there would was fined $15, that was two days after the

Mr Handmann, but I have other members grossly insulting Abbel. Coul insult; I could not find him sooner. Mire up before.

plain of being ill-treated by

insulting a man whom he was cr that this was a justifiable occasion, dut have been no justification for Mr Braser- him Ogden did not assault him. I cannot say Mr Fraser-Smith: I was not aware of of the company. I do not know why she winsly proscenting for Ebel. Ho (Mr what he wrote was written honestly, and Sinith assaulting Mr Bandmann, knocking that Mrs Odsault

before. that Mrs Ogden is rather hot-temperad; she Mr Bandrann's nationality before.

left the company at Shanghai."

Smith) contenued that the alleged libellous was what he considered to be a fair him down in the rail and taking a suff- was charged and fined, however, I first got Cross-examination continued:-The exact By Mr Fraser-Smith: I was rather as untter published by him for the file and impartial performance of a duty ciont sum of money out of his pockets to into communication with Mr Fraser Smith data that Mrs Rousby instituted proceedings tonished at her leaving without informing purpose of investigating a fact, in the into the public and himself. He thanked pay himself for the damages, which Mr

of and supporters, she-thom

whethem for the patience with which they Bandmann hnd col him, no more the second turning after a very unjust against me wae on Castor Saturday 1878. me. Miss Mylford's brother is a civil co-investigating on the members of the old and then before the

will not call it scurrilous attack I was not playing anywhere in London gineer in Bonibey. I was assistant to the ther it was true that he had actually con had listened to a rather mixed harangue had hein point of fast, any right to attempt rather loquence of to take satisfaction by Mr Banduann's 03 the members of the company. I when proceedings were commenced. I was proprietor of the Grand Central Hotel.mitted a criminal assault on perter He had no pressions to the eloquence of to take satisfaction by deliberatoly attempt don't exactly remember when I told Mr in the provinces. The case was first tried My duties were to look after the of the Telegraph by kicking him down the learned counsel. He hoped and being to injure and destroy, Mr Bandumann's Smith all those things about the come at the Beach.

at the Police Court, and then before the Hotel-not to prevent the building run-stairs in the timestre. He (Mr Suit) lieved they would find that he stood there character, as he had a remedy equally in the pany, moro especially after the company Queen's Bench. At that time I was ring away, but to prevent drunken men could not allow any such report to be going man with honour unsullied by any one Civil Courts for anything that Mr Band- were disbanded, I told Mr Bandana rehuising at the Queen's Theatre for her frou going off without paying their bills. through the Colony without investigating thing or other he had said or written about innn might have said or done to injure

Me

Mr Fraser-Smith then delivered has it; and if he did not use the best judgment the prosecutor in this case tor the subpoena was issued. I don't now in the play of Madeline Morille.

My Fraser-Sinith na editor and proprietor how Mr Smith came to know about these Mr Fraser-Smith Now give us your closing speech. He said he had no doubt

At the conclusion of Mr Smith's speech of the newspaper. All that Mr Fraser speech. He said he had no doubt in the means lo adopted, he used wint

newspd things before I told him. I did not get the version of the alleged assault.

the gentleman of the jury were very gind judgment he possessedl to the best of is there was some applause from the back Smith was entitled to publish in his paper shpana at my own request. I did not enbpana

that this case was gradually drawing to a cliff to serve the end he bad in view. He seats, which was at once suppressed. was of else. It had been protracted for a longth had no wish to take any proceedings at

a careful and accurate explanation of India, Wire, communicate with Mr. Sinith daring the in-

I Francis then addressed the jury, what had happened ora ucro denial of the Shanghai, demand, terval which occerred hatween the receipt try, but it socnued a very hard job to got to. Ho believed it was the first case on take such pracealings was out of the quee said into the case and bringing it home to language, should lock back

Mr. Fraser-Smith observed that he would of time for which there was no secusion. the Poles Court against Me Bandmann. He said he was afraid that nothing that he statements made against him, but that he of the two letters put ind by Mr Fraser- the truth front said he did not think that routed a British subject for libel of the two letters put in

It was a remarkable cases in more ways than Besides, for the editor of a newspaper to or his learned friend could have done or should retaliate and use towards Mr Baul Gold Leef, 993 fine James Parker, examined the witness.

the troth from

one. the case would have done more to an far more abusive and acurile Sovoroigns, Smith: I am first clerk at the Ma-

His Lordship said he did not think that racord where as ulions had critically pro-

linding the casu and bringing it home to language, should look back for the whole gistracy. On the 16th June, on which day remark was called for.

and a very seriota duty which induced him the defendant and onsuring their verdict of Mr Bandmann's past life and ruko up Mr Bandmann proscented on a summons fur

His Lordship remarked that there were to bring before the public the questions for the prosecutor than what the defendant the most infamous charges that could b meny cases of Englishiawn having been dealt with in the article about Mr Band- had said and done in connection with the made against a mar, Mr Francis thought libel against you, I accompanied you to

Band had said the beginning to Mr Band for in law or in caule themselves, Smith secuted by foreigners,

mann's violence towards sones and in-case, from the beginning to the end. The his Lordabip would tell them, there Mir Smith and not under similar circum-fanta. His violence to one infunt at Icust, defendant had not only libelled Mr Brand was not shalow of justification stances.

two infants, they had had put before them, in his paper, and repeated the finals for in law or in common senac, "Mr Francis (Taken at Messrs Falconer. d: Co.'s Fremises, His Lordship said that might be.

and he asked them to believe that ovidence in his plan of justification, but from the asked the jury to ask themselves, if aach

Queen's Road) Mr Fraser-Smith addressing the Jury as bona fide and true. Ir Bandiaan bi-ponent he had taken his seat there he presedings aa these of Mr Fraser-Smith

mond be BAROMETER-- said he would by and bys take into consi-suli had chathat he had assaulted had repeated and re-asserted these were to bn privileged and justifiable, to

Hongkong, July 19. Mr Fraser-Sunith: You were not asked deration whether under pie circumstances one infart (Mr Barros), who said he was a bels. The defendant had complained what state would the public press and the

DAM 20.824 Witacin: I in my position as first dork to do so. How many persons were present? Me Bandussun was justified in bringing a reporter on the Telegraph, so there was bitterly of the prosetatur's sad and in the public peace be reduced. Mr Francis then

20.700 Witness: There were nearly 40 persons criminal action against hits. The gentle truth in that. They had heard Mr Ogden's cases, that criminal prosedlings and wol refurred the gentlemen of the jury to the prosent on the stage at the time. It was men of the Jury had been

WAS men of the Jury had been very patient in statement with reference to the Kuusby givil Lad been adopted by bir Bandmann, article of the 14th June in which it was da THERMOMETER-9 AM.... not a fact that several gentleman had listening to the evidence which had been ease. Mr Ogden never mentioned the When referring to that ho had read-a serted, he said, in the most distinct terms Mr Fraser-Sunith; I don't think you can sworn before the court, that I had struck laid before them, and to thought when Rously care to him (Mr. Smith), and I tow short lines from the text book in the that Mr Bandman had been guilty of a

- these, dance which had been se Mes Roushy: not a single witness sald so, they took into consideration everything had heard nothing about it front, that ren-ur of slander and bibol, and in that text dastardly assault upon Mrs Rousby, that he Hle Lordship, addressing the witnes: I One man paid I lifted my hand in the air they had heard they would cons to the tleman until be heard it from the witness book it and benti pointed out that as a was known throughout the whole world don't think it was made to you in your po.and then came down like a sledge hammer, melusion that My Bandan had been ill box. Mr Ogden's story agreed with what gannal rule a civil action was the a woman butor, and that this was not sition us first clerk of the Magistracy. It (Mr Frazer-Smith: On Mrs Rousby) His advised indeed in instituting crimine pro- he (Mr Smith) knew personally of the cuse. more conveniat, the more proper remedy only his general reputation, but that it was made to you as a private individual. Lordship asked the man on what. The coadings in the case. He would not de-Mr Baudmann positively denied that he There were cases in which the public was known to Mr Fasar Suith personally. Even although it wore mundo tu you oficial- man said he did not know; that man tain them with legal references. He over assaulted Nirs Rougby, but admitted interest and security required that a news. But the defcudaut had gone even further: ly, you cannot object to you official man said he did not on what. The coding in instituting criquit

wes in the employ of Mr Honsby, would contend that the publication of that he had boon hp at the Police Caut, paper should be preceded against crimi in his opening peach he said that he was in the more being supported these allegeduuisations made for las own cases to the Sessions, ed to the Criminal thy passing to bear on the consider

and security required a public was known to Meputation, but that it Mr. Francis having no objection, the wit and his children were being supported these alleged libels were prima facie privi- and on the evidence ho presumed, for Lon-aly, and among the many matters with knew of his personal knowledge that

the evidence he earnedice criniin privind

Magistratened, mess proceeded I asked Mr. Randmaan to by her. The Lord Chief Justice told the leged communications made for his own don Bipendiary Magistrates did not send with the jury wase acquainted, the flairs Me Bandmann had appeared in assaulte accompany mis to my oflico, to sign a bond jury not to credit that man. I swear justification and in his own defence cases to the Sessions without grounds for of this colony, sud with the general opinion and other cases in the Police Courts hinding him over to appear at the Criminal deliberately in the box that I never laid if His Lordship ruled that this publication it, the case was committed to the Criminal they possessed and which they were of America, New Zealand, Adelaide, Bastions. He said to me Am I to go into my hands on Mire Ogden, except in the of his was a privileged communication sessions. Mr Banduann was sequition, satitled to bring to bear on the considera Malbourne and Lalcutta.

"Am

Ogden, except in the of his was a privileged commit and he had a perfect right to all priser to consider and decide for themselver Bandmann's life ap to a period certainty

Mr Friser F the office with that scurrilous scoundrel? way of kaudness, placing her in a position he had no doubt that without the slightest and he had a perfect right to all privileges tion of the case, they would be called on Smith had not produced our little of

pose that was app that it could not violently I have advertised I slippose that was applied to yourself and so forth. I never knew I had issulted hesitation the jury would come to the con- which that acquittal gave him, and they to consider and decide for themselves, evidence, not one iota, with reference to Dufenelant remarked that it could not her until to-day I never shook her or clusion that they could only return a verdict were bound to believe that Mr Bandmaut considering all that, had occurred within Air Bandmann's life ap to s period certainly have applied to any one alac

violently laid hold of her, Miss Beandet is fast guilty. If on the other hand, his Lord. was found not guilty by a jury of his own the last eighteen months in the Colony, within the last twelve months 1 net even Jans Hedge, axamined by Mr Smith: my pupil. I have advertised it as the Band ship ruled that the communication was not countrymen. At the ants time thuy ahente whether this was one of the caser an hich one word of evidence to show that Mr I was acting turnkey of Victoria Geol, and mann-Beaudet combination

She was

privileged he should still contend that there use their own judgment, and good sense in the security of the public and the unliyi. Bandmann's gonetal reputation was a bad vas present at the Police Court, when Mr pupil, but is now an excellent artiste in my could be no other verdict which, after hearing dealing with statencant that he (Mr dual members of that public, required that one. The only evidenes that had been Bandmann applied for a canumans for libel. Opinion: I have played in London after the evidence, they culd possibly arrive at Smith modo yesterday--it was comizon criminal proccodinga and not civil should called was confined to within the last twelve After the proceedings I was standing out the Ronsby case, at the Drury Lane They (the jury) were the Judges in this property, common as

minor as a national song, in be taken against the Hongkong Telegraph maths; evidenes of what had occurred be sile, in the doorway of the shroff's place Theatre in Hamlet, when I received th case. Their decision must indeed be ruled all the parts of the world in which he had and against ita edikar, and proprietor. Mis tween the members of his present company,

fr Bandmann had come out of the pfice ovation. Either in 77 or 78. I played by the letter of the law, but they must also been What they had to consider was Fraser-Srish complained bitterly that in evidence which o

propricht in on the statement of evary where you were, and Mr Parker cane out through all the provinces. There was alloir themselves to be influenced by that whether he made it honestly and believing the criminal proceedings he was prevented witness put into the box had been raked LLUM

honestly he had from getting oath to what he kautusjuce the commer and asked Me Baulmann to sign a bid. nover a scene in Calguita and no interposi-incorruptibla essence the spirit of justice. it to be truo: As they were aware he had from gefting into the witness box, and up put of the dirt by Mr. Fraser Smith I overheard Mr Banimanu say aliall Ition. Most of the statements made to-day They were to give that verdict which the had no opportunity of bringing evidence testifying upon oath to what he knew. In since the beginning of his scandalous libels, have to go in where that blackguard ecoun- by the witnesses are foul lies. I lifted my plain justice of the case demanded; they to reinte any of the statements which Mun civil case he would have had an opportu stuce the commencriment have to go in where that blackguard scou-foot-gently and gave the young man who were not to which the learned counsel time bo (Mr Smith his responsibility spass-examination.

is here that blackguard ecoun- Most of the statements interpositor themselves to be influenerust also been

ment of theso proceed the case demanded; the tone apportunity of bringing videned from getting into the witas prevented witness put into the statement of evory

Bandinaun had made on cath;

erratings would oath; at the George Mamay Bain, proprietor and said to Telugol to the Telegraph, and and technicalities which the learned counsch time be (bir Smith) was perfectly well bean subjected to the disadvantages of of Mx Banduann was confined to tho

belonged were not to locanto saturated with the legal Bandinant had made ou oath; at the same nity of doing

samenity of doing so, but he would also haveings against him. The whale knowledge publisher of the Bain, proprietor and foot gently and a foul lies. I lifted my They were publisher of the China Mail, was called that was what I called a moral kick, and I would urge upon them with so much aware that that was his responsibility puss-examination.

In criminal proceed th

fact that he had seen him on tho Mr Francis said be understood, that Mr believed that I said his manier was a great ability and earnestovas, but they were to When he wrote these pats graphi ho male ings, defending himself without the assist London stage, to what he had read about Bain was at that modo put in sy going Telegraph raph Herage extent Bain was called with a view to contradiot blackguard In explanation of this I may take the justice of the case, they were to himself responsible for what was written, suance of coaneel, he was at liberty to state the particulars of the Reusby case and that the statement that Mr Bandmana made in state that befoes going on the stage Mr judge the case on its intrinsic morits, and it was no excuse for hita ut all if he was not whatever he she bearing on the case; had been handed about among Mr Baud weling on the back of a note put in a dogdon, who never speaks to noe befors judging it on its intrinsic merits they could in a position to bring evidence to support the defendant had done so, and he was mann's employees here in Hongkong. He the price paid to the Chua Mad and Daily, going on the stage, came and taked if I had arrive at no other verdict than one of not all that he had written about Mr Bandmann saved from any possible exposure of his hind told thou out of his own mouth Prag for advertisements. En submitted road the Telegraph, I answered you know guilty. Not only justice in his own tend a that it was not a question in the case I don't read the Telegraph He then said but the liberty of the pros was to s pertain thing he had written in that article had by being exposed to cross-examination to provo from his sets, his notices, and a own person He would ask them to believe that every real igtorance of the facts or nircumstances what ho fr Francis) had endeavoured whether Mir Handmean's statement was they have got that skit about Tragis extent at stake in this case. They had it been substantially proved. He should ask The defendant had contained shut his writings, that it was the provoca

how peers much haregio that

felt very much hurt and in evidence that long before Mr Bandmaan them to believe that Mr Bandmann had Bandmaux was not called Mr Bandmann ton he received from Mr. Bandmann that doing as I suffered much by the expressions Hi Lordship said it rectned to him that injured, and wont through, the scene had received progocation, he was going into snatched a book out of Mrs Roushy's hand, was called and put into the witness box, expressitins which he had heard had been His Lordship said it retas entirely a side without hardly knowing what I was the public places of the Colony and using that she had some grounds, although not his statement in answer to the questions him to publish the scandalous and malicions points, N

ship at it rected to Power, at skit about but the liberty of justice in his own If this was the cams it was entirely a ride that have scored woh bas the public places of the Colony and using that Mrs Fousby actually had fallen, end and the gentlemen of the jury had heard used by Mr Bandmann with reference tean, kept in the open air in shaded afturiken. Mr Fraser-Smith said that his object was Ronsby cash, and after asking what he language of the foulest description, and yet bringing heard Mr Ogden, and if they did assume that Mr Bandwarm was perfectly bad withdrawn press privileges, which ho STATE OF WEAREEB Cear, hise sky, Mr Fraser-Smith said that his object was Bonsby case. On coming off the stage I saw newspaper of the most damaging character, perhaps enough to secure a conviction, for put to him by counsel and by Me him to publish the scandalous and malicions points, N., N.N.M., N.E. 40.

mith said that his object was this young ini, sexed that I put him of that and nak them to find him (maly Smith could say very barefaced to 80 lat guilty and Mr. Bandan

was casero stage she expressions of him (Mr Smith) and his to himself and to his paper that induped want Mr Francis had mentioned.

this young man, and after asking what he language of the foulest description, and yet bringing a charge against Mr Bandmann. Fraser Smith. They were all hound to libele he had done. He was very friendly Fouca or Wisp--0 calo. 1 to 3 light bwese. this young man, him of the can had the audacity to come before not believe what he said, all

of dong His Lordship said he did not think it wanted I felt so vexed that I put him of that man had the audacity to come before They had heard Mr Ogden, and if they did assume that Mr Bandmann was perfectly with Mr Baudrian will" Mr Bandmann

3.5 moderate. 5 to 7 fresh. 7 to 8 strong? would he ship said he did not think this young man, and after a stage I saw Depressions of him (Mir Smity and using that Mrs Rousby tota would he evidense in the caso, as it was the stage Mr Sraith himself was put of them, and ask them to find him bu mit not believe what he said, all that Mir innsent of the chan was had withdrawn press privileges, a to 20 bouvy, 10 to 12 violent one of those questions, the could not be the stage himself on the night of the first guilty of having wickedly and maliciously Smith could say was tent that gentleman until Mr Fraser-Smith had put before them had a perfect right to do, because of a scur Civady D. Drizzly & Froggs

Smith

charges brought against him Gentleman until Mir Fraser-Smith had put before ferilous cowy P. Pansing showers. Squally 2. Ramy performance by Mr Ogden,

published these articles out of sheer wanton must have been very barefaced to go into evidence to show that he was more or less filous letter which had appeared in the Tele Hail Lightning Af Misty 0: Uveroast. mess, out of a desire to do that man all the the box and say all that he did. With guilty; and Mr Handmann, under the pe graph treating the nonbars of his company P. Pansing shower. Figusly 2. Ratiy injury, he posibly could-to injure his regard to Mr Banumane's treatment of culiar circumstances of the case, was just very harshly Mr Bangmann had ua fault to Snow E. Tränder. U bed, Urate charsetur, his reputation, his prospects women they had heard what a buy had as mech on his trial as Bir Fisser-Smith and personally with the criticism of himself, V. Visibility. Storm. 2. Colis. The morally and financially, and in every other stated in the witness hox; s4s had ope Of course, Mr Smith stood there to agener but he was annoyed at the treatment of his tem are repeated to feditate any Infraes, over way they liked to look at it. That was the there of her own free will; she had been charge of defamatory libel, hut Me Band Company, and if that which in Bir Vrsar, the men average at their pignificativa. charge which Mr Handmson brought against crow-examined, but her evidence had not mann alsa good there tu saswar, not per. Smil's opinion was waterly impossible for him, and he (3dr Smith, submitted that he been shaken in the alightest degree. Her haps at the har of that Court, but as one in Mr Bandments pasiten to have had received suffolons pórication not only (eritance was corruberated by Mr Russell the bar of publie opinion, all the done. Mr Fraser, Faith could not under

t

Witness; I have already given my version before the Chief Justice.

Mr Fraser-Smith: I take it back,

I

Witness: He is trying to assassicate my my office to get some documents signed. cimracter. Mrs Ronsby alleged that left you in the office and west out to go had taken her by the arm with one hand into the Court, on the way to which I met while with the other I beat her, while Mr.Bandwana.AT HER

she confessed herself that I had books in Mr. Fraser-Smith': Now tall the jury both hands; ond as she was a poor forlorn

jury I what conversations took place between you creature I say not a word against her. and Mr Bandmann..

to the Magistrates, object to repeat any I am privile ed.

communication made to me, as I consider

object

drel

correct or incorrsat.

ff

if

the

entered into.

Me

T

Mi Ban then left the witness box, and Me Fraser Smith. It is a deliberately Mr Fraser Smith said that was his cake falsehood. Lwish to call Mr Ogden to prove that that is untrue. I saw the skit Tragic

gwar" years before the Rousby case.

Mr Francie bald be poliposed to sill row buting svidence; and, in reply fora queS- tiem "zom his Lordship, sell he would bortainly will one witness and perhaps

The Court then adjourned for tilir.

Dir Enaer South. I winh to call Mr

Ogden.

His Lordship. It does not matter, My Sunth. It is purely modental. Mr.Band

secuted

Mr

h

tion. It was the performance of a duty

the

29

12

Bank,

New Benares, cash,... 560 cash, 555 New Malwa, credit,... 620 Allowance, Tuels 18 Old Malwa, credit,... 680 Allowance, Taala.......48

Exchange.

Wire, ... Demand,

30 days' eight,

33

Credits,

4 months sight, Damentary 4 months' sight, 3/ India, Wise

demand,

50 days sight, private 139

$37.70 86.36

"

Shares....“ (For Share Quotations, see-Page 4)

Temperature,

Do. 1 ...

Do.

4. 20.770

Do;

1 P.M...

Da.

4. P.M...

Do.

(Wet bulb):9 a.. 3

Do.

Do.

Do 1.83 Do. 4 PM 83

Do.

Do. Minimum over night 70,

Maximum

TER, &c.

THERMOME

Weather

Dry Tmometer Force of Wind .. Direction of Wind

Barometer.

Hours of Rain

Tmctor attached! Al

Wet Tmometer. 76.0 800

29.66 29.76

Previous

∙day af

BAROMETER

HONGKONG

AROT:

SHANGMAI.

Talionis dy 101 July, 1884. CHINA COAST METEOROLOGICAL REGISTER.

Previous

"Bay

at

Uri datas

at

10 AM. Pruvion

nt aday

On data

On Cate

at

10.

On date

Fint

PM

Bao, level of the von in inches, teos,

TEZANOMETER, in Fararheit degrees and DIRECTION OF WIRD is registered every two

and haudreds.

MANILA

Bar-The hours of rain for the prerlons 26, hour (ucos) are rigiaterug frim 1 ta pr. sza

tene end hundreds,

the quantity of water tales indicated in sucher,