1889-09-16 — Page 3

No. 8327.SEPTEMBER 16, 1889 |

what has been little fan than robbing means practically in law that I confederat ed with Chineas of dubious repute to rub, and nothing more or less. I respectfully submit that what I have just read and what has been admitted in the answer to the petition is a libel per se. Justification has not been pleaded, privilege has not been pleaded and the onus fies upon the de. fence to prove that it is not a libel or that it was published on a justifiable occasion and on good grounds, without malion and as an independent comment on the act of a public than

The Attorney General And yet you were to have a share of the profits f

Plaintiff You don't exppose I was going to do it for nothing 7.

The Attorney General-Were you noting as legal adviser to a confederation or basi ross of this description pon would be paid fees, would you not

Pisiatif Certainly, but as the syndi cate was somewhat dubious about ita pre- fits whether it would turn ent a profitable investment, they asked me to accept a share of the profits instead of fixed salary.

The Attorney General-It was suggested to you that you should use the Customs people?

was

PlaintiffIt was. g

What are we to understand by that The Chinese had the idea that Captain Clayson, who was then acting as coastguard commissioner, could be induced by being bribed to send nut gonboats to prevent seli smuggling. It was quite a common Chinese idea, but I advised therd of the foolishness of it.

po

THE CHINA MAIL

Plaintiff—Yes, a great many times. Can you name any specifio occasion Yes, once in a leading article on the Uhina Mail of 10th September and again a few dags ago.

of proof lay on the defendant regards rities, but to be paid for by us. It was an those partionis, but as Mr Smith had after thought, not part of the original opened his case he must sarry it through scheme, to purchase these old vessels. On til he therefore suggested that the plaintiff gunboat was, if suitable to be altered in should go into the withese box axl make a of partice a y general statement with regard to what had to a passenger and cargo bose to res to Hajhow. I was promised 20 per cent, on a bearing on the statement by the defendant Boihow. that the allegation was true in substance centage of the profit.

the amount of purchase money, and a par- and in fact. It would perhaps be as well

Plaintiff That is quite accurate,

for the plaintiff to make a general statement The Attemey General Now will you in regard to his position in the case referred to and leave it to the Attorney General to put any questions he liked.

fall read the paragraph I refer to:- look at your fasus of 12th Sept. Jast. I totaall

red oradulity, or impudentit For anparalleled

a

I

not to

on shore.

ed to have been a corner, a confederate of explainan what had been done. They stress made to that official by Lai Kit were a party to a criminal traction. Now would not have troubled Mr Murray that the urtication must be full and cufti- seeing some friends. On Sunday I cou Chinese of dubious repute in a swindle of pressed very great satisfaction and when as absolutely and utterly devoid of the alight whatever may have beon the old aw on Bain for these damages, but would have leak Now, if I were to leave this case to thaimed of his manner of addressing me, the Brat water, and that I had the anduci-surances reached. big two or three days later. eat fenndation. In due course the trite the subject of raising the price of a ven-found-ny remedy for apiteful malice jury, I should ask them to read through I said I addressed him Mr and exppated ts, the coal impedanes to get up at a meet that all was arranged at Canton, I instructatory of this olaverly arranged bus luckless dable commodity & fic it that the law in another court. I did tot quite this letter and into it in connection withem to do the same. He was leaning over ing of shareholders of a public company and Led Li Kit to commance buging up all the ring will appear in our columns. Did non at any rate is perfectly suited and that gather from the remarks of the learn the position Mr Smith had dissided as a disy with a pipe in his mouth. I did it could not be suggested that this wand Attorney whether he tried in prove publia ruan. I read the letter through my not like the way he addressed ine wil mungi pose as a champion of public morality. It salt in the calony. Some time afterwards I you write that?

s' champion of public minu if we The judg so happens that Inover did prsa nolim wished to known reload dispatch a gun Plaintiff Curtainly I wrote it.oriminal proceeding. The learned Custisel justification. I know he could not and self and I now propose to sanntion those Directly after this conversation he said he

pregna

1 Le pion of public morality and never bad suy boat to the Swatow coast to prevent the The judgment in the case is reported in referred to overal cance on this poin) not having pleaded justification Lin had no parts of it dealing with the conduct of the wished to leave the ship. I said the mos futention of doing so There is nothing in smugglers looding the market hero al your bang of 12st November Yes therefore submit that Me Freser Both has right to enquire into the truth of what was plaintiff Barsfaced fapudence and glament he gave me back the 30 he might remarke to show I did. The letter guss Kit said that it would be better to wall; there Now Mr. Franer Smith you seem to have failed to establish the few he has put upon pablished in the China Mail Ing inconsistency. Biz Smith admitted leave. In the evening of the 9th Igara

goe on: I rafer to the pheeting of the Rope, was not enough it is the Cidony About admitted it was improper in these Chinese this libel. All that could possibly be said of Mr. Smith then went on to cite essa that was not actionable and I fully agrée him leave to go on shore and return baform go on to the by the plaintiff 10th he offered me he was sick to: hin Manufacturing Co., at which a shareholder 60,000 plouls had be then parahabol to auggest bribery They thought it per these words is that they were holding Mr with regard to the privilege of newspapers with him I go on to the reference the men tursed to nors morning. He re- who some months ago consorted with a little while later. Lai LV brither Nid me fectly legitimate here as in China Fraser Smith forth to public criticism and other legal points, in the course of shareholder, muarlug the by the plaintiff turned about four minuten latex On the who some months blous repute in order. It rained very heaview Year--which sent well, don't you think feet of you your infonce in this case- gang of Chinese of dabious reputo in order he had prefined 35,00 prohls additional Quito ang and you have also adunitted as a public speaker or a person who which he took occasion to speak of the who sous monthago consorted with a 10th he offered me $10 sud his sextant to tocorassan and raise the price of an It rained very heavily about that time that Lai Kit was an arrant rogue and a spusking in the public interests as sa snonymous scribbler, stabbing in the dark, gang of Chinass of dublous repute in order let him go. He said he was sick I mald independensies were hard substantial perfordship said he was a not require moet shares itself compared wit) who to his He said he who would article of food that is, indisperable to the just after Chinese New Year--which sent consummate fool Indisputably independent man, was man whose and compared him to the stiletto brave of to corner salt, and raise the price of an I would think over what he and and lot him poorest in the Colony posed as a champion prices up, and Ohn Hing told me haus-Well, don't you think it was a just in insonsistoneies were hardfaced and glue the Vacation Republic, and Jack the Rip- article of food that is indispensable know at the end of the weeks. He said to the poorest in the Colony-md. I think Wall, Captain, if you got up rough, I' had of public morality and spots of the hoieouspected that Lai Kit Rail been sailing pri forance to draw from the feet of you your ing. But my Lord the al substantial per

His Lordship said he was not willing to the conduct of those who have chosen su out up rough too, I hoisted the day for the se my nous of rigging the market for Repo abarce.rataly. Chu Big, et nyt request, asked self styling thean parsons as you did and defence in this case is bead pon two Well, to say I spoke of the heinazose of him for the accounts of what had been done; speaking of tome of them as attempting aerarato pleas. We say wawere justified in interpt Mr. Smith, but he did not require moet shart-sellers on their own ground is doctor to examine the man to see if he was righteousness itself compared with that of sick. Thedoctordid not come. He went down rigging the Market for Rope Shoresis and on the 18th Febrnary he told me he to square the customs by bribery don't writing or we did; that is to say that the the references.

Mir Sujith If Your Lordship had folds man (meaning theseh the plaintiff) who to his room and I followed to ik if he downright and deliberate lio, and the man had a row with Lai Kit, because these so you think it would be a fair inference that words were true in substance and in fact ; who wrote it must have known it, and the counts wero fut pruncu Lai Kit after their character was dubious T-Certainly not that we have to prove every single me, I would have stopped at cnce.Con on his own showing attempted what would would tarn to. He said he was sick He man whe published it must have known it warde told me he did not want to not, they were acting in accordance with word usod, but I submit, it is anfficient it tining his speech: Mr Smith pointed out have been little less than robbing the complained of the roam and sald he would tou or was se indifferent to the truth that have anything more do with Chu traditional Chinese custom Chinese have the words used are in milstance and in fact that the Attorney General did not try to poorest of the community. Now reading not go fases in it. I ssid You have taken the words used are in malalance and in fact that his speech Mr Smith pointed out as showing attempted what would would tarot and I followed to bik if he he published it not caring whether it was Hing, a Itu said that he had black not the same standard of morality is wo true in the sense in which they were show what connection there was between that letter through I cannot doubt that to my money, I will take you to sea in spite spakon. The learned Attorney General some remarks made at the meeting of the any that a un consorts with a gang of of everything He said he would die

oh, tha பசு false. Now to say I associated guarded and bullied in Bo slo paid have, my Lord. with Chinche of dubious reputa in order to that he wanted to vify the terms of His Lordship Quite so; from your point then briody gase the history of the Salt Rope Company, and the alleged salt ayudi Chiasso of dubious repite is equivalent in first aid No fear you're dying. He corner salt and raise the price of an article our agreement about the gunboats, with of view overy Cliigaman might is and to oorer case and traced the plaintiff's cate or farm. There was no connection my mind to saying that he knowingly acts than jumped out of his bunk and strosko of food that is indispensable to the poorest which I had had most to do. The saft be of dubinus reputetit ennnection with this conter] Proceeding, he between the two things at all. Bocause and cousorts with people of had character me on the face. The seat on my face in the de reputato onmer case and traced the plaintiffs ope Cuppany, and the alleged salt aruding that a quan consorts with a want to my money, I will take you to sea in spite in the Colony is per se a defamation of the business was finally barat up through The Attorny General-You write in said-I submit if that is not true in one man does an unlawful set another at the time he consorted with them. The remains of the mark caused. Toled with grossest daracter. It means, as I bave this quarrel. I understood from Lai Kit rather a free way in your paper, don't you? substance and in fact, Bir Fraser Smith is uit permitted to do a similar act to the lotter says consorted with a gang of him, striking him as I cloud and then got

sest character. It mean

taying published a report of this case in samo porsun, I gead hardly follow what Chinese of, dubietia repute in ardor to my arm round him. I did this in self. said in my petition, as clear as werda cap that the salt had been previously sold. Ho Plaintiff-1 don't quite follow you. put it, and it can mono nothing oles, that admisted it, hat T-rolehim it was said heYou have no hesitation in calling a spade bis own paper and dubbed quc of these men the learned Counsel, said about the salt corner aalt, a perfectly legitimate transac protection. The struggle took place in the an arrant regue and consente fcol, it corner. He did not know what he was tion, I am quito willing to admit. There alleyway, at the foot of the staircase-op- 1. am a mat

in aerate legitimate inference, to lalkiego was a proposal made to bribes of carrying on market transactions, rout and niy carpenter They took was de 7-Decidedly calling a spade ting Published a report of of bad character and had aumle 811,000 profit. He said it was a spade-Decidedly note a

be And you sometimes 20 little beyond was perfectly legitimate inference to talking about. He says that at that din-way he corners which are recognised in all posite the door of bis cabin. When the repute, and hypocrite, that I associated not so much, and promised to furnish me

Graw that Mr Fraser Sunith was consorting oor there was a proposal made to bribe niarkets of the world and that are legitimate mate struck me he yelled out and tho men.

why to admit, that Mr Fraser Sunith was consolalking about. He says that at that tion, I nis quito willing to transe protection. The struggle tool is in self. that Mr Fraser Sunith of Cnatus at Canton and there may

bribaciarkets with Chinese of bad character and, had been with a statement of accounts. He never that Do you think bodovke p

You have on several occasions uned with Chinese of dubious character. As to the Commissioner of Customs at Cariton, whys of carrying on market transactions, came running down-tro Malaya, a s

dubious charactering or thero was am quitos legitimate

rat party to a ariminal conspiracy to raise did av, however, and I gave notion to his the price of salt in fact, my Lord, that I sliciter that I would go into the munter by strong expressions, against the defendant. the term rubbing that was only usd The Commissioner of Customs at Canton and there may also be corners which as pan out and niy carpenter They took Don't you remember speaking of the Chinus in the senso of depriving, nut in its had en much to do with it as the bumans an ingroper character and would not the defendant on dealt. When ho ceased was a robber and associated with robbers, and bye"

strict sense but in a hae in which missioner of customs in New Zealand, he recognised as legitimate transactions in struggling I let him go. He ran on This gentleman anys ha doesn't approve ot The plainti, in reply to the Attoruoy Mail as a fried fish-wrapper. 1-Cartainly,

What did you mean by that That it it was very often unad. In conclusion His name was never mentioned in the case, markets. But the charge is not limited to the gangway and wanted to corneiseren whan thor ure undertaken General, aid that was all carract. The to panish shure gamblers who call short.sition he got an adviser was in fact to would be very mooh more res to wrap fried Mr Leach said. It is a curious case in He says I combined, and arranged a scheme that, which might be a perfectly innocent I refused to let him go. He then went fish in it than to instruct the public or some aspects, it is a curion use that the with Chiness of dubione pot. I was inat: the defendent in ccensed of cau down below. I hoisted the Ing for the Well, selling short is no, trimmal, offenos koop them within the law,

editor and proprietor of paper should entertained. by Chinens Keen of resorting with a gang of Chinges of cubious police. He came up again from his cabin no far as I know, in fact I happen to

disseminato nowe. If there

Did you not in another case say it hnd soak in a Court of law to cento what must putation, who, as I said in the witness-box, reguit for the purpose of costing al, and stood on the gangway. I said "You'ro know it is legally justified. has been any cornering in Ropes,"

only one reader -Nothing of the kind be if his case is successful, precedent made certain proposale to me. That was and iskon in connection with what has got the rheumatism, I'll take you to des in merely quoted from an article in the Chiria against himself. And it is also somewhat all. Now I have never denied that there gore before and with the retinck what spite of everything, and I'll do al I can to the letter goes on to say, aud it has beon proved since up to the hit, 1

Mail itself in which its one reader was re- remarkable that Mr Fraces Smith shoold was a syndicate for the purpose of what would be little less than robbery. I must take your certificate from you. Ho then pose as plaintiff in a libel action, he who may learned Attorney would call cornering came to the conclusion that there is a libel went back to his cabin. The cabin bog think the conduct of those who have chosen

farred to. to meet short wellers on their own ground

His Lordship asked whether it was as he has admitted himself had bean consult. He has said that it is a perfectly on the face of the letter. I must say that afterwards came out of the cabin crying out

asked whethe remarkable the And it in Precedent worth while going into the particulars voted on a criminal libel. It is a curious legal combination, that it was perfectly I do not think that Mr Smith's character as something in Chinese. My wife understood in righteousness itself compared with that of a man, who, on his own showing attemp

Was sny amount of, shuse on both sides astion because I take it that if he is successful right to form a corner, or ring. That in sarebulder entitled him to pose as s ro it and from the remarks made by my wife in this action he would be the first in his not justification for saying that I cunsorted presentative of the public, but that is a mere I went down to see if he had a revolver. ted what would have been little less than

going to make any difference 1

The Attorney General I am going to sober and calmer moments of consideration with a gang of Chinees of bad character for question of taste, but the fact of his taking themate was sitting on his chest. He had a robbing the poorest of the community Well, the law of fibul does not permit any

show what surt of runn he is who comes to attack such a proceeding by claiming the purpose of perpetrating what was little up that position night lead to a considerable cartridges, un his huses. He bad hers and claims $10,040 damages.

that it was an infringement or a restriction lass than robbery of the poorest of the amount of criticism that might be abusive, cartridges in ono band which be

rks an infringement or a restrituloy. The question Lurdalip is with attacks upon body to bent about the bush. It does not

Oniony. The question of damages will of It dous nut at all in my opinion justify autopped into the box He night hata had

an have His Lordship Ob, I seo: on the ques of the liberty of the press, Oulony. The questions give bim a chance of paying he did not

Mr Georgo Marray Bain, the defend course conre up, if your Lordship is with attack upon his personal character, and I revolver in the other hand, but I did not mean this or he did not mean that. The

tion of damages.

Attorney General-Now I shall just ask ant who was then called, said I wm me, and the learned Attorney said this was think anybody reading through this letseo is I rau, on desk and closed all the meaning hero is plain enough. To say

people of fro-Am you one question. Have you at any time, responsible for the latter complained of a case for contemptuons damages, but he did ter-couserted with a gang of people of upenings so as to keep him down below. putting aside this present libel, been at in the suit. When the after came to unt advance one single argument in favour dubious repute in order to make and try Then I went to my berth and got my rife my bands at first. I defined to publish of the contention. He says it is very co- to do what if he succeeded was little less and loaded it. I thought he had firo-armin tacked in the 'hina Mail?

it for two reasons. The first was that rion that I, as the editor of a paper, should than robbing the poorest of the community, nud would fire at me. I told php, of the it was against the policy of the paper to seek to create a pracedent against myself nobody would deny for a moment that an sailors to watch the door in case he should take any notice of the writings or atter. Had I been attacked as the editor of the attack on the character of the defendant burst it open. He attempted to fards the ances of the plaintiff, and sound res. Telegraph, it might have been so, but Lam was intended by the letter. And now I door. He managed to get it parkly open BSN ROTH Was that sa the letter was worded at attacked in my private capacity as a citizen, come to the consideration whether it is jus. The sailors called me. I showed him the end The plaintiff handed the two papers to first I considered it to strong. As mini engaged in business in the Colony fed by facts. Wher criticisma enfars into of my wife and said if he burst open the The Attorney General-Now, then, if the Attorney General and asserted that he it is now I considered the lotet a perfectly I am accused of associating with Chiness the region of personalities you are bound to done, I would shoot him. I sent a boat for you will look at your Cross-examination was attacked in both,

fair and buns fide cerums I took the blackguards and robbers. I do not think look very narrowly into it. Now the dew the police. A sergeant and a constable re- His Lordship said he could not decide tronble to examing the fles in order to that editor, however thick-skinned, fundnut justifies it in this way. Ho saya turned with it. The chief officer was taken you will find this passage. What I didnt Canton was to purchase two old disused the case on a balance of opithets used. refresh my niemory as to the facts. I could stand that The China Ma is there was an attempt tourner all to the police office. I charged him with

adult, gunboats for $10,000 one was to be fitted They were dealing with an individual libel nover had the slightest doubt about the largely circalated throughout China and I do not know that I are called assault, bat afterward withdraw the charge.

the For Bint, in ottempt to corner call to the police. the Far 15 inc, in the Australian Colonies in opon to determine that question, but (Oficial log containing particulars put in)

Cross-examined-I have been adaptain. His Lordship quite agreed that the ouss up as a salt cruiser, the flag, officers, and and anything connected with that matter latter after it was altered.

By the Plaintiff I did not write the England, the Cape, and the appearance of from the repuris I have before me, I

Plaintif I did not write the heart, in the Australian Colonies do not know that I regards crew to be provided by the Chinese anthemight be used.

The Attorney General said he wanted to letter. I decline to say who the writer is, such a latter would miske friends of mine must say it looks very much like as sinos Jane 1881. I gat it in London. show that Me Fraser Smith had personally I take the whole responsibility of it. I in these places think that I had departed if there had been such an attempt, When the wats signed articles on the 6th attacked Mr Murray Rin and that he (Mrdan't remember at the moment what were from the patlin of honesty aud vistas. They because the plaintiff says that he instructed here was no stipulation as to when he Smith) was the man who now name here the terms or phrases in the original letter wonid say that this man had gone to the bad. one of the parties to buy up all the salt tu should come on board next day. I did not considered to strong. I am aut As regards the question of damages. I the Colony and if the buying up all the sayThere is not much doing, you can and asked for the modest sum of $10,00 which I considered to strong I am not As regards the question of the

His Lordship-It does not matter what aware of any references having been made to submit that intemperate language in direct salt for the purpose of raising the price is come on board at any time to more I you in my paper during the last fortnight, evidence of malice I also say that anduo not cooring in one sense I do not know did not mention any time, but I expected he aaka.

The Attorney General (resuming) You The refersans in an artide to a speaker at publisits avan on a privileged occasion is what corneringia Wolldefendant says there hire at the time the men tarood to. I saw

Attorney General (resuming.You in my paper during the last fortnight. evidends of fuperate language in direct salt for have been in this Court on several occacious the Hongkong and Shanghai Bank meeting direct evidence of malice. What had the being an attempted corner it is obvinis that him coming on board. I did not see him before as defendant in criminal libels, and shouting robbery and gross sulaman Rope Chippany get to do with the Chinese the plaintiff for that purpose consorted in anything on that date. I shipped

anlt syndicate: I think Tunad. I have tried Kit, one scribed in the plaintiff's own row worth speaking with him fondant on agement is based on the report. The alt syndicate. I think I may leave the mat with people of dubious ropote, because Lai second mats or bostswain here before the once convicted

Plaintif Yes, and four times acquitted. part does not indicate the thouting. It is tor in Your Lordship's hands. I have tried Kit, one of the principal characters, in chief officers I discharged him. I am not I no His Lordship It was criminal libel was not the custom except in a descriptive re my best to avoid this action. I instructed himself described in the plaintiff's own were he has got a certificate. I had ng Mr Fraser Smith having been sworn said audacity it does not master very much it but

port to indicate such a thing The reference my solicitor to write a inest temperate let-newspaper as an errant rogue and consum row worth speaking with him. He did not -In the answer to my petition the defend- which is the real quality- the so-called

defend-which is bewards that he considered it a gros

Plaintiff Yea, but I had the satisfaction to shouting is based on the statements of ter. I thought it my public duty to get unte fool Supposing one of these ruan is get is advance. I saw the defendant on ant says the said words are true in substanco intelligent Chiriess bests creation. No bot of hearing from Sir George Phillippo after persons present at the meeting. It is the the name of the writer man of that sort described as such that does not show to my the forecastle on the 8th. Tha becoast and in fact. I swear that the statement tar, example of this cold be cited than a wards that he considered it a gross mis policy of my paper not to fake any nático ought to be shown up. I have been dan mind that the plaintif is this case con officer Mr Franklin was not there, I saw ared in any reputation, if not here le sorted with a gang of Chiness of dubious them together at the fore-scuttle. I did not of you. The excaption proyes the rule. that I confederated with Chinese is false I staigmont made in the Supreme Quart to- carriage of just

By the Attorney General I made tho wheru, and I submit that I have good reputs in order to corner alt. It seems say You must Siro when you sdāross was invited to become their adviser in day by a Chinese gentlewan med La Kit, Tas plaintiff then left the box and mir

exception to my rule because Mr Fraser grounds for seeking damages, not contem- to me to fall abort. It Justifies a train me, did not put my hand on the de- It does not justify complaint I wish odant did not say "Watate com gard to certain matters in reference to the the defendant in the Salt Corner' case. Mr that concluded his case.

what

Fendant'sshoulder an propceed catablishment of a salt farm in the Lai Lit is a Chinese banker, and no doubt. The Attorney General in opening the case Smith came forward at pblic mesting tuona but substantial damages to show that part of it. If does not justify what to fendant's shoulder and say, God damn yon, Colony, I held exactly the

I held exactly the same position from his position, a leading and influential for the defence, said,As Your Lordship as the champion of morality in the public this Court or any other British Court will my mind is the gist of the complaint I wish you to Sir" me, In reply to that the evidence med damn you,

then in regard to the syndicate as Mr Dennya did member of the Chinato community. He will I think have gathered from, the plead interests. The reference the plaintiff has not allow any one in the proper performance It does not seem to me on the evidence the defendant did not say. I was talking to to the head of it. I deny that I was in any has been in Hongkong for twenty years, ings the defence in this case le as that referred to are in connection with his ap-of bis duties in he gratuitously libelled and before the Court that the defendant has Franklin On the 10th the mate.com-

may

defamet by an auouymous correspondent proved that Lai Kit was a dishonest chaplained of being sick. He did not say senso uf the term confederated with the and the whols of that time engaged in the may be aslled threefold. In the first place paarances at meetings.

unwell for some time. I did The Attorney Generst aid he did not a public newspaper Chinese in the Salt farm that was formed buking business. And yet notwithstand I submit that the words complained of are

Bis Lordship Lampura ractor and that knowing so, the plaintif he had been being sick. He did not say Bis Lordship I am sure it is a matter consorted with him. There I do not think not hear him arrange with Frauklin to take or rather that was not legally formed.ing what must have been au extensive not by themselves libellous and that the propose to address his Lordship Further engine, And yet notwithstae may be called threefold. case is in that referred

go un His Lordship Perhaps I should ask you experience of foreigners in this colony, Mr innuendos drawn from them are not just except to direct his attention to the reports for surprise to me in this case, in a dispate that the words are true in substauos. It his watch. The mante did not ask to

between the oditura of two newspapers may be trae that the plaintiff jined in a shore to see a doctor. He west to him

an a question on your own betulf whether Lai Kit naively stated in the witness box fiable, that Mr Fraser Smith has not fairly and extracts referred to in the cao.

Mr Fraser Smith--The learned Counsel circulating in this Colony, that neither corner, but it does not seem to be true that cabin. I did not go and pull him out, I to your knowledge those Chinaan ware of that he had been informed by his friends or rightly drawn from the vorde osed the dubious character? getiren

(and implied that he had believed) tant one innuendos on which he bases his c'ait (and implied that he had booted Sale Farm, The second line of defence in that the libel moments I should be very sorry fur hafraid, it my view of this ouse that refer nering sal

ses his cat went to his betth. The au was lying in

decision to a jury; and L. am rather of bad character, for the

of bad referring of his aurciates in the projected Salt Farm. The second line of defence is that the libel was good enough to say that in soy saber party should have wished to have entrusted his consorted with people of dubious repu - Plaintiff They were not. The principal Mr Frases Smith, editor of the Bengkong is true in sabatanco and in fact

Mr Fraser Smith, fence is what is known

That is of

The Acting Attorney General-Bear in did not deliberately panel him on the eye the third dekat. I do not know what her tho learn-dence to such subjects as Jack the Ripper members were bankers and the cibers re- Telegraph defkat. I do not know whether the learned are

The so They asked him to square certain parties. putable merchants in Hongkong. The inpa perasa invested with such a ples of justification; and the third deing brought this action, or words to that afraid, in my view of this case that refer nering hacter, for the parpess of cur- bis bunk. I did not pull him out of his agh authority and of such great influence fence is what is known as qualified privi Counsel intended to impata that I was not are rather thrown away. Cases of this sort mind what took place at the meeting in his bunk. I was at sued with a summons for ameult before I applied for leading man want banker, and the other that he could calmly go up to Poking and lege, tha

with a fair normally sober or otherwise, but I ban as are not often left to the ducision of the Ther what that he could calmly go up to Poking and legs, that the words es d aro

this enqui Mr Smith-That occurrod afterwards. merchants of high repute in the Colony bob-nob with the Emperor without core bone fide comment upou a man who where the Cuurt that I should never, hare wider these circunstances must necessarily

Court that I should never harder these circalinstances must necessarily place at the meating before anything else this

* 1 should never have judge, without the just dacisin of the They asked him to sa

Mr Webber I shall contradict this and DUN KOKO of a strict

The Acting Attorney General-It took His Lordship -- You say that in regard to mony, had a free and special entree to the ther ha in a public characte

had a free and special entrée to the ther he is a public character or a thunght it worth my whils to bring an asider

public character jury, sud the decision

that it worth my ssly in bo all of them 7

yambu of His Excellency the Viceroy of journalist or not comes forward and tion had I not been pareshally defamed In be of a strictly unromantic character. Now place at the meating before anything else ask the Court to reprimand you for saying.

proudly

man I propose as suberly I can to deal with was due

thingal (continuing) —Į be himself says in the interent water that reflected injuriously to the issues which have been raised, and ja His Lordship. It was an infotious sug

on my as

Witness (continuing)-I did say to the Pinistiff-All of them. They were Uhi Canton as if it were a public hotel, was as he himself says in the interest

the public champions morality. $',000

Ho character in Maz, Thit hard that 1 consider thebel was pubar the meaning consorted the purpose of that ground one that No. 1 daw batteridge Ho character Data Ma circulates. I admit the functions jury very shortly to sorted with people Here gentlemen, as we regard Chinese gen. paid $100 per annun by the Governor of of the public champions morality.

Hongkong for letting that official down contes forward and invites or challanges where the China Maz, circulates. And mit some respects I have got to assure gestion, but it does not justify to the full tanto, If you give me back, my manay BAS teen.

es public journal of I hit hard. Id The Attorney General Have you got easily in his paper, oord induce the British criticism, and if he chooses to pos sa that as a public jejunal of Thit hard. I do the functions of jury as well as judge. extent the assertion that is plaintiff, con- will give you a diectierge. Es did not the tongkang Teleg aph of the 11th Sept Oel at Cantin to do anything he liked champion of morality in the interests of not attempt for a moment to deny that 1 Forhaps it will be as well very shortly to sorted with people of dubious character for offer $50 and his sextant. I looked him

tally in his paper, could induce the British criticism, and invites or challanges character, not only here but everywhere the issues which can to deal with was done eating before anything else ask the Court

for a consideration, had been affered hat the public he cannot turn round and com-call a spade a side whenever I get an np. consider the circumstances under which the purpose of creating corner in alt. It into the cabin. I did not say God damn Plotatid-Yes, here it is.

hud refused the Registrar Generalship of plain in a court of law because the stiticism portanity; and for so doing if I ever in the alleged libel was published before I is a alar upon a man's character to say you you, if you come out I'll shoot you. As I

my ountry I The Attorney General Will you look at this day and that the present incumbent that is made upon him is somewhat un-ringed the law of wry, o qners I and Apten. oomp to the consideration of the meaning have gone to dishonest, persons--you have was excited

ut to be attached to it. The matter arises out consorted with a goug of dishonest Me Wabber. You got in such an excited position noted under hia vzders, wash your Lordship's attention in the first my responsibility, more spirit that trintiff, Mr Fraser Smith, apuested at

uld able to that 'nw and I have never shirked o the part where your own evidence is roof that position acted under his urders, was pleasant to his feelings. Now I would stop the law of any entry

aeltacash ported and rend it ?--I would prefer to let a full-fledged barrister who did not practise ask your Lordship's attention in the first my responsibility. My letid Attorney, of meeting of shareholders of the Eung people for the purpose of cornering salt state. Do you not remember what took

that ground plate you read it as I am not in quod health. Jar because he could squeeza far more place to the libel with its innuendo As Mr with, in my opinion, more spirit that kung Rope Manufacturing Company, and it is a personal attack and on that ground place Did you not threaten to shoot shy.

lot Fenser Sraith himself said standing by decency, brught to your Lordship's notice the meeting and as a shareholder in the Therefore on that ground, upon that guoi-

the Sally,

and bound to look asrawly into the facts. one that came neng 1

Witness, I did not find any fire.. The Attorney General read report as more hair-ruising atrocities, wh'el our themselves he takes uo objection to the that had been several timesheforethis Court pay his money out of his newspaper, and a lot Frater Eraith himself said, standing by demy opinion, tuore spirit that the

that had been several times beforethis Court that meeting and as a shareholder in the Therefore follows to ge

reporter lus not aut out at length. Br. first few words which appear in that letter, charged with libel, that I had on one occa Company his remarks interested the people tion, which I would have been very gind arms in his room, I saw battridges. I

are to

• Me R. Fraser-Emith-- I am a journalist Lai Kit, banker lu Hongkong for over These words standing by themselves are not sim, beer civicted of criminal libel of a conceaned; I think Mr Smith says he was to have had anbinitted to jury, told the police he had firearms. They by profession. I kanw Chu Hing, a trader twenty years, raust either by an acrant libellous, and he admits that. But he sys very peripotatio Furm that I had been there in

trader twenty years, Inc. We have no that by couple having consorted with Chi imprisonment his business a little better, spirit of opposition that the alleged Tieve that any actual dant, & jury generally tendant wore mad 12

siye very peripotatio furm-that I had been there in the character of a shareholder. II do not think there has boots a suficient searched and did not find any. They hat justification. But now I come to the Mr Webber-Did not the Inspector when in Bonham Stand; I believe he is a partner rogue or a consummate Fock We have no that by coupling these words with the re convicted in ibis Court and sentenced to think from the report of his retuerke that justification. in that business. I know Lai Kit also. I hesitation in anying that, in our opinion, bo ference to his having consorted with Chimprisonment and built serve my sezzi,

aaying that, in our opinion, bo ferénce to his having consorted with Chiconviosad,

in our opinion, lo feréne coupling these words But he siye been civicted of end on one och Company his and as a shared

his having consorted with Chi imprisonment and, ball to serve my tera he rather went beyond the cutseter of a question of damages. Thurn has beau you mule the complaint against the chief Head of dubious repute in order to corner If he had known his business a little better, aliareholder. He says It is not in any do atsampt to prove damages. Althougla officer, rofuss to take the charge remember them calling on me in December is both.

Witness-He did not refuse. salt and raise the price thereof, an article of I think his good series and good tits and spirit of opposition that I ask this question damage bst been stated, I can hardly ba last; they asked me to dine with them at a That is an artile which you published 7

Mr Webber Did you Chinese hotel, as they wanted to lay befors Plaintiff Which I wrote, too.... food indispensible to the Colony, it is chury knowledge of the law would bave elings, question baving reference to the alleged Tieve that any actual damage was done. It

clinging quas 3 log The Attorney General Now one morsing him with boing a man of bad character him that aven a felun--and I was only tingut as a representative of public in- is one of those ouses that a jury generally tendant was mad and did not the inspector

The Attorney General Now one more and repete and hypocrite and that he isdemeanant-aficz ha has expinted baterests if these reports are true. So that amount. They generally anquire into then drawn because the Magistrate said it was mentioned that it was in connection with question before going any farther. Who and repete and hypocrita and that he isdemanant-after he has expinted bis ferests, I should like to knew In the public deals with by sorarding damages of a wall say you were mad

was it told you to square the customs? was a party to normal conspiracy ofbuco, in the eyes of the law is no longer interests if these reports are true. So that, amount. They generally enquire into these Witness No. The charge was with- rests if these reposts are true. So that deals with by wording day generally tendant was mad and did not say the de- I dines with them on or about the 23rd Plaintiff -1 can't remember I can't Now as your Lordabip will observe a felon Knowing me as he does know, he so far is it tuny be material in this case, I coses very carefully and only give such drawn because the Magistrate said it was

bo

– tell Desember: the last witness, Lai Kit, his speak Chinese and it was communicated to this letter of which the defendant takes should have been the last to have brought think that he did at that meeting post as a ataonate os fairly mout the necessities cans for the Marine Court. 1 did not fail

reben jative of the pubite inserire the whole responsibility onrefully avoids forward, this little implication of which By Mr Me Farlane. When deter dant cams forward, this little implication, of which I representative of the public interest as well of the case. A man who is injuriously Captain Kumser that the chief offer was

hagholdering of brother. Chu Hing, and several other to mas through an interpreter. heing present Bufore dinner, Lai Kit, The Attorney General. You will as that saying that the plaintif was seting with am proud. However, tall is by the way as a shareholder and as a representative accused of conduct in endtied to tad nod I wanted to get rid of himse Chu Hing, the last witness, with Lai Kibe the report of the second day's propoedinge Chinese, of bad repute. He simply says Had any attack been made lipe of public interests it was perhaps natural come into Court and show that Br Mr Me Farlane When deferidant came guilty of the conduct is soberbio fuge a to do ininuten after the men turned When

morning he seemed partner an interpreter, and myself had ann the vase in your poper is heading His Lordship thought the term dubious if I had written anything in my nawapapur day that the defendant in my view of this that he is. If the other side fail to do so, it al

on ip

in prupur. Luest Journalistic aetzee, should-be commented upon and I must patod, or call upon the other side to show sober. He was on board about ge His Lordship thought the term dubious propus uuest Journalistic sense, that his words iu tiut sasumed character he has not been guilty of the conduct iraun board on Tuesday mur Dider in headed The they were of dublouse He simply says a proud. However, tikt is by the private conversation, They said they "al corner. Did you put that heading

things sorted,

wanted to form a Salt Farm, to consist of on is t

Farm, to consist of His Lordship thought the

open to censure and cri Triam-I should ninuten after the roen fornod is When Lai Kit and his partners, who found the belt Farm,

Plaintif No, I suppose my reporter did. The Attorney General The terms have known how to reply, but this is not a cage is entitled to all the advantage which that is considered as the real verdict. In I went down on Tuesday to the munte Is that report currees?

picious might have bol naed with the journalistic basines is any senso what y mones, Chu Hiug, who had suggested the

the journalistic basinos in any canso what way netrue to a person commenting upon this case therefore I consider the best room I believed he was fit to turn 10.-1 Idea, representing bis partnam, and myself, was not in Court myself all day same effect. It did not mean bag char. over. I want u the Rope Company's words or conduct of anybody who poses an ties if the case pimpty astiaffed by wwarding strook him in self-defence. He strank ma Court myself all day so. 1 picious might havo ba The term sus open to cenure and eri papur should be commented med character he has Court and

Ble Webber Did you not say God if I wished. The leat witness was notspoken If you look at the end of it you will son acter necasarily.

meeting sa a shareholder of the Hope Com a public man, and it has been pointed out a small amount all costs, and I bx the first His Ladelig Chonglet

doubtful pangsit

chapang. of directly as a partner. Lai Kit was to the Chief Justice is feported to bare soid

iamn you, I'll be your Doctor"}, provide the capital, Chu so look after in the sine pe bat, but I don't quite Mr Fraser Sunith says that as he font be wardly assails me for provide the capital, Chu Bing was to man that ho considered Me Fisser Smith to be sacier was generally considered a bad cha pang. I sared a certain untuber of ques by Mr Fraser Sanith and very properly that amount at 325 Ble Webber-Did you

fe a chators and I leave it to the world to say the right of commenting upon the actiona of public person is not linsit d

Withen-No whether I said anything that was infe to editor of a newspaper but may be age the business, and I was to position as the other members racter.

THE CAPTAIN AND HIS MATE Mr. McFarlano Was it you ar the accounts and do some special services of the firm. I see that, but I oun't quite Me Fraent Binith says that as he consorted China Mat, the nominal defendantis regur then that the defendant would have bour Ulice today to enquire into oral outco

The Attorney Generzi, continuing Then posts and immoral What happene. The theater of are not would ontinuing Then whether I said anything that was infer or words of anting upon the actiona

parato

this exercised by a private individual. It would 4 Marine Court assembled at the Har who cried out for balg

Witness-It was the defendant sie the application of it has ut in with a gang of Chinese of bad charsetor, he easy, cowardly assails me for making thade in his newspaper, the right to make charge of meandaut trynight against the which were necessary, receiving 20 per see the application of it. cont: of the not prouts, Chu Bing was to The Attorney General shall a vertalo

pitse of bad charse get 20 per cent. also, and Lei Kit and his that report and call your Lordship's atten. must be so himself. I take it that is remarks, accuses me of inconsistency of in his newspaper, the right to make charges of misconduct bryght against the out

is chur a today to enquire into certain partners were to get the reat It was union to it later onport and stretching a view against himself to a con- being confederate of Ohinese of fubicus air cominiente sud, Jair criticism on Brat Mata, Mr Clement Young by the Mr. McFarlane Showing that he was

associate confo

V. Witness (by the Currey discharged Chu, Bing, should not on

sing onoomed in what is done by the plaintiff at this meeting; tish barque Unger His Lordship (to plaintifDo you admis siderable extant inany of us may social character for being nommel in his hatever may be said to have been Monter, Mr Arthur Brown, of the Brits attacked party, the derstood that star, he easy, cowardly na behalf of his shopy: It was arranged that the correctness of that report?.

with bad characters without knowing it

little less thans roberts hanself, but he as far as that is concerted, it dies not the BN of H.M S. Fictor Emansel all the alt in the colony should be por.

did not load the ride until after the doc Plaintiff sauore it is correct. How. His Lordship But then it goes on to

How. His Lordship But then it goes on to not make any comments he got as farba montsey

His Lordship-But then it goes on to not make any comments hassell, but he so a ropressatative of public interests, and The Conel consisted of Commandor Ram Mr Franklin because I did not like him. chared at the lowest price, da be held ever, it is reparted in my paper and I am corner Bait That is the gist of it from an outside corespondent whose apo form of an anonymides letter or if the form Stewart Duren, master Moray: Wide as called, which, swing to the exters linnell, as Mask (by the Opng) - discharfed chased at the lowest that is the responsible for General Did you not chased at the lowest price, to be held ever, it is reported in my paper and I am Aay he associated with them in order to all you in as its box that he gets a far as that is concerned, it does not maat sey. F. N. (President John W. Mcbaciane, did not load the ride until after the door

talls gatser to Wallin was shutte until prices romeo

To do was its

from an outside, cotraspondent whose carpo far whether the ennuste made in the B. N. has it

A great deal of forther evidenes on both necessary to control the importation of The Attorney General Did you not The Attorney General-Taking that as he be ashamed to give, and that he took form of an axonynions

tobler Bat it has been said and said Tam Ferrand, master ss. Proponti Enoch case are quit, torney General-Taking that as he la amined to give and that he tobe form of an anonymous letter or in the BN of H.M.S. Fictor Emanet; Willing was sort, salt into the colony, and it was at first agren to become a partner in that firm the gist it, it does not follow that are out a great many adjectives, before every ruly that although latitude of Jax Forsyth master Heitial ship Hessel of anethor onse wo and forged to pull, A ship Harist we are omit, suggested to bere Plan suggested that I should square the Can Plaintif—I did not

calling him ton of bad character. All published it. He tells the pubila that it very tru

All published it. Ele bella, the pubilo that it very A Forester s.s. Propontia Enoch sides was called, which, swing to the tome people here. I told them that was in Lordship-Yon agreed to take a share we iny is you have gone amongst men of has been the policy of kis papar, to ignore tag sols of public mest hat istifade: The following evidence was taken toms people her, and it was agreed to of Plantan Yes, for certain services rou

of has been the bella the pubila that every ere But it has been the form of H.MS. Fictor McFarlane, did not load theme I did not red

policy of truly there said Stover His is guage is allowed in the cure of commuta Ques

lades

Tas Cours having regard to the circum rather a stupid notion, the profite dubious f

repute in order to raise a corner in the attacks of Mr Fraser, Smith and the the acts of public mest, that stude

Captain Brown na-d--I am iko mater ufstances before it, äude --- deler the matter until I raid orasidar Plants Yes, for certain services ren- salt. Then he also saga wesllege he is hypo-publication of the Hongbing Telegraph 15- lengange must not extend personal at

Thurmate

Young, lat sume practicable scheme Uritil I had dored

takarite. If inconsistency means or ipolades wäre, caffed aputi bo prava zistice. I would cok upon time alfaracter of the pereur pos. the British beeque Omggu. The wate join. That the conduct of Clemens

orite. If inconsistency means or fpoludes ware called aputi on prite up a public man. When it comes to coac done so, nothing was to be done After The Attorney Glateral-Now to I ak done so, nothing was to be done after The Albarney General-Now will you hypocrisy 1 submit we do style him but have the least dificulty upon the evident to be the ship on the 7th, having signed the mate of the British barquem, Coards considering the matter, for some days I look at a paragraph in your paper of lothan, but if it does not 1 subulte dose of Mr Murray Bain to the publication a personal stack there to privilege at articles the day before. He came on board the ninater bus bei damepectful, and that your paper of lotharf nothing is this let ofce of the worl kind. What of all bother it the plauf in this before the men turges

if it does not theith lim

on an I a is 116 suggested that an should endeavor da g. Beptember when I shall read do not. There is nothing is this lots of that letter, we motuated by alien apelfall The only justifications for such as at pa on the 7th (Saturday). I exid it he left ir duty willout; proper

at was and an the permission of the Salt Commiesmentat Until the Chief Justice Lun given jude. Let go beyond the fact that we sell malice of the worst kinds out of all bather it is limited to the criticism esme sa board. Ha ought to have quae quale as to the dessus, the area

gen Who wrote the task is it trust coulder firat was not the proper flue Eng offloat to as the evidence was conflicting and Cantosi to prevent nativa junks smuggling meet in the salt corner cas, journalistic biex barglaced, impudentiman and letter, 1 do not know youke Mares of the position which the palatif in this before the men turned to a 6 in Ored to deal witli his certificate, but direct

a I I should salt into Bongkang In January I went up etiquette forbids nu of s to Canton with Chn Hing andriai Kiss way on the ve our commenting jo say that he is guilty of hunnistaticy. From know. I have no desire to get Me Marray of the position which the galauf in this before the to Canton with Chu Hing and Lat: Kith way on the svidetes that might tend to the heading consistens is a Joval to is Ain's money. He eupalled me to take so close to assure as the representative the following day he complaings het int he be discharged Hour The abi

The Cott also of autismon that the chas in brother, and through Mr John Pitman wo prejudice any of the points at aaue ut formingian the letter nows that the rosi shit step. Had he ie au hatuurable as public interests, want it think it the berth down below was not to live Uni Bay an official, and madu, aliafnotory a in cochinon justice to Her Majesty'e Consul giallisia the theater was holding up bar given up the name of the tub who goes herund that assures the fork of te saated to clear out the paint locker. Iter was walling in Judgmens La Rolls for ratgements, affer growing, purchase two at Canton, whose name was impors d into Mr Fesens Baitha piron when us liberately for his own coterat dada al attack to panaider Whether it refund. When he joined. I susticed him the ante cabin, and that thecour the dies old-gonboat for 310006 to purchas two at Canton, so Her Majesty'e Consal minion the letter days that the restin's money. Es spelled the Mary of the position which the plate boards officer to as the ok-gopboxte for 310 900, in my letnon the case by ons of the sitnessed, we fool consistegos, as glaringan Teen he rose are accused another man of being this! Vatriculated ladealing with the que 250 Then bi gued. He avid the casou carbatice weansed, and he is onfioned Les or I exw Ini Kit and one of his yarimang nad bound to state that the whole of the referan to say that we sostes hits of bet and consorter with lus-kinen Chinese tion of mostun it in a matter of hy why he did not join before was that he was to be more careful in futuro.

1888 J

+

ze a certain business proposal Chu-Blog

the proposed establishment of a Salt Farm,

100

Las

..pres

rerate.

must be taken to mean bail',

noteret

to

****

B

with the

her

upon,

at an

morewords

bunk.

I did punch him on the oys. I'

saad,

is his

harge Pa

hey

de