No. 8356 OCTOBER 19, 1889.]
|
THE CHINA MAIL.
publicly
That Dr Doberck is no doubt a very highly ¦ Mr Brandt –I have boon advised by my ¦ if a man publicly calls me a swindler,
scientitie gentleman, but probably better | legal adviser that there is no libel not out I am privileged to retort suited to Kow than Kowloon..
so far, sud he saviom me further that I ! ' you're a liar and that is not libele bla That the ruggested Commission to enabould go on with the case and leave it
Mr Webber We raight have brought a
• quira
into the batter regulation of entirely in your Worship's hands.
action against Brandt in the Suprame sters sud their forecasts would doubi
His Worship-Well, Mr Fraser Smith is Court, but as there might be a breach of lees give good results,
the peace and I think we had enough of here to be aross-examined. That the Captain of FI, M, Surveying shiji.
that on the last day when they were thres, Mr Brandt-1 may tell your Wortening to horsewhip one another on the station would, in the prost Absence of Is Surveying vessel, have to bu ship that I have not yet been up His Worship-I did not hear that left out.
plied with a copy of the information. Iambler has unfortunately That H, M. S
you 101
Afr Brandt-Nothing beiden ?
His Worship-I may take it that the Mr Buth-- do not know what
whole article in before me, and I have noted "Me Brandt. De you make money on aur. The general fact that it is a direct attack thing clas
That ought to be sufficient for your present purpose.
Me Brandt--You know Mr. Grimblo- His Worship I do not sau lise relacicy Tus. of this question des ar
How old is he--I should say ɓve or Mr Besudt--I wish to show to your Wor air and twenty. How do I kang ship that as editor and priprietor of a paper
he Smith--I decline in answer,
...but that as dI
on got a family
SUPREME COURT.
IN CRIMINAL SESSIONS, (Brfore Hon. Mr Justice Fielding Clarke, - Hưng Chief Justic), Baterday, 19th Ont
LATE TELEGRAMS.
WILRIE COLLINS TUNERAD London, September 27. The funeral of Wilkie Colline to-day was ablended, by a large number of literary and public cula- Aytics, addition to many private friends. THE SPELLEY STREET MURDER THE VOITON TRADE IN LANÇANHINE.
The Criminal Besions were resumed to London, September 28-It is ufficially
to-day on the Liverpool Stock Ex with thewilful murder of Cheung Yeung Foo, chenge His Worship-This is taking up the timisanother obair coolie, on the 17th September, below the estimate. A crisis la oxy
expected queation at issue. compares Grimble to an innocent youth---
lamb shorn by sharpers.
with thin
Mr Webber-It was said across the tab',' he would have a sort of privileged portion, You know he is n married man and has day. Choi Akow, chair coolie, was charged care that the cotton stock is 68,200 balea rembled to other scones,' and a work of have not besa uupplied with another copy, Bis Warnhip-I certainly did not hear not have thing of the Court and has no bearing on the Mr Pollook, instructed by Me H. 3. Holthes, on Monday...
That
They have taken it back from me, and I and I saw it mentioned in the papers.
Mr Fraser Suwith went into the witneme box and was cross-examined by Mr Brandt. Mr Brandt--You are proprietor and editor of the Hongkong Telegraph. Yes, sole proprietor.
{i:
Me Webber-I ans did not hear.
DEATH OF ARCHBIKROP PORTER.
Bombay,
Bir Brandt-It has a bearing so far an be.. Gomes, O. L. Gorham, Chow Archbishop Porter, Roman Catholic Arch
han
to do
His Worship Aphrey..
September 29 - His Grade bishop of Bombay, died yesterday.
Mr Webber—And of course the whole dant in that way I shall have to take me have never decline to answer that tomber inst a number of chair coolies with ragh of three feet of water across the s
-in shares he would: Mr. Wabber-I do not think the question great value in left only half completed
allowed. That probably the most appropriate mem-
Fons Worship can be
Mr Smith-I shall stewer the question or to the late Dr Stevert would be oriil another Stewart Scholarship, naless it
His Worship-As to the point at issue I, in this way. When the defendant senses be considered that enough bursaries
may be entirely wrong, but then you will me of making money by dabbling in shares, Have you published this paper (handing have an opportunity of appealing against he lies. already
Els Worship-If you sawer the defen◄ my decision it I am wrong. an annual Prize Gold Medal, witness a copy of the Hongkong Telegraph) | perhaps accompanied by a
small bonus, might be Yes you will see my name at the end of
sares to protect h subelituted.
M Smith then threw the paper on the That certainly a conspicunas viche afrould
on the walls of the Central School with regard to a certain alloged libel and
Worship, I
I am here to answer, questions rather, we should now say the modern Victoria College,
nothing alar
His Worship-I am sure you are for That I hear some queer stories about the
disastrous muddle which still adheres to getting yourself, Mr Smith.
dings of the Jubilee Celebra the proce tion Jepsmilten That it i
costa will fall upon the defendant.
His Worship-You will have
your
appeared fur fue prisoner, who pleaded not The following jury were aworn i
Dart Tong
E. J. Mosen, A Mow, J. Hum J. P. Tavaraa.
BREACH IN THE MANDALAY RAILWAY. The Attorney General (Hon⠀ “A. J. Terathen, September 28. →→The Nynung. Mr. Brandt-Will
you swear that you Leach) and the circumstances of the case you lank has breached, and forty foot of parchiad Punjon abares from
were these. On the evening of 17th Ben the bank has been curried away, caning Mr Grimble?-I
their chaira seemed to have been collected way liun. The ballast at several plnoon His Worship-I cannot.
in close proximity to the Portuguese Club: between the 296th and the 297th milos hat Mr Brandt You say your wile handed aitasted in Bhieliey Street. Amongst these been carried away, and the trains are unable you the letter in question - You
were the deceased and the prisoner. The to cross The passengers and luggage are It was opened?-Yos
deceased it appeared had said that a certain translipped across the breech. ⠀ Henry who took it would have to place there was for his chair, and anybody rains have fallon and the water over the
five cents. rails it
reported rising.
Mr. Smith-Very well, it you won't pro-question.
· legal
tect me 1 shall have to protect myself.
be found for s bust of the worthy Doctor | table, and turning to the bench said-Your remedy. If yone: Worabio looks at When he makes accusations like thatthat
casa.
Mr Smith-I am not. He hands t paper (kat has nothing to do with the Hi Worship You must plumse answer the questions put to you: if thors in any objection to them Mr Wobber can make it, or if you don't desire to answer you may
conduct is disrespectful to the Court.
ine.
I
sad
ap
the Ordinouce you will are that we are on
I am dealing in shares, and impugaing my honesty sa a-journalist, I tkust protect my- titled to custs.
His Worship-That does not concern wolf. I shall also d'aiu the privilege of why I say I decline to aber auch My Wobber-But it concerne
questi as, and you may commit me Ifyon the pro sector.
please, PA
Mr. Wabber-There questions are His Worship-It does not concern me.
ars entirely huld that if the intention is surely to irrelevant. That ques den was answered show that his publication of this letter, and finished, and I say it is perfectly irrele.
to bring it which prima facie is proved, was justide vant
again. His Worship ( on the ground of self-defence, am bound
(Mr. Smith)I am loth Mr Wobber would point out to your Court Worship
your sigument must fail be- His Worship-In throwing paper back panse your Worship would have to adjudi in that manner.
uste on that article and say, if it was Me Smith-I handed it back to the delibellous. this case. fendant because it has nothing to do with His Worship-Jam not called upon to
say so. It might be absolutely true, in His Worship-You are asked if that which case it might be no libol.
Is it ? paper is published by you
Mr Smith-I have only to hand it to your Worship to answer that.
not admit it.
ebu required it She said it was unopened Did she say to you it was opened when when she recived it **
Did she say what time she received it 7 hatever the exact words might have honON THE SHOAN NIS
of õhus are here arranging prisonor, and the decend followed from the King o very early in the morning, before my the roof had an altercation between Fems, 29th September. The envoys office was opened.
What business and she to upen my letter? It was not quite clear whether they came a treaty of commerce and friendship with His Worship
hipYou are bot-bound to
to blows or nut, bat at any rate there Italy, in which a provision is made for Italy wes an interchange of high words be to control King Mensler's foreign relations. answer that.
tween them. A constable who was in the
SPEECH OF PRESIDENT CANNOT thom
Paris,
standing or sitting under ʼn brunza canop decline, but I must canțion you that much to receive the evidence and weigh it, to think you wish to show disrespect for the Mr Smith-No, a stupid question. Ihbourhood came and ha constable CH, 296h September-President GAR
проп.
it is a long look into the past to dis- cover what the community of Hongkong decided to do, but a reproduction in white marble of Her Majesty the Queen,
was surely the form ultimately decided That the public ought to be informed how the marble canopy-I mean the bronze status-well, whichever it is--is proceed ing whether the marble (or brote) features are beginning to come to life undor Raggi's chisel and when the loyalty of thin loyal Colony is to be satisfied. That
if we may form an opinion from the small number of convictions, Hongkong Juroza: must be particularly loader: Trearted. That i
it may be many cases roach the Supreme Court which ought never to have gone beyond the Magistrate,S That the Police Court during the past week has been little botter than a Bear-garden. That if the now Magistrate don't assert his right and better maintain the diguity of his Court, it will become necessary to retract former landations That the big Colonel of the gallant North- amptons has revived the St. Andrew's celebration at Singapore, and a reel is to be the result.
That the promotion of the Soldiers and Sailors Institute is a big step in the right direction, and Froin the Chairman's clear sketch of the movement it is ovident
that the institution must prosper, bailt as it is on the principle of self-help. That the
plucky engineer engaged on the flating of the stranded Ardgay is to be congratulated upon his muccess: every thing comes to him who waits long enough. That the public look forward with some interest to the Session of the Legislative Council, which is close at hand.
Mr Smith-In what way, your Worship
Ein Worship The question is this paper published by you?
Mr Smith-Of course it is; I hava just admitted it.
His Worship-Then it is published by you It a copy of the Hongkong Tele graph of 9th October.
Mr Brandt-Have you written the leader
there? I decline to answer.
the article marked in red ?-Ido- I mean the cline to answer.
Mr Webber Unless the whole article is marked I must object. I object to the defendant marking part of it.
His Worship-Apparently the whole article is marked..
that
Mr Webber-Your Worship has to hold that he has been attacked and that it is libellous and that he is justified in writing the letter he has written.
attacked.
His Warship I can only any he has been
Mr Webber-There is nothing about at tacking. It must be libet. How does your Worship define attacking
His Worship-I do not go into the ques. tion of libel, simply into the question of provocation
Mr. Wobber-Your Worship is to take His Worship-I have 1ct read the ar. upon yourself to justify the publication. ticle judicially.
read.
Mr Wabber object to the article being
His Worship-That is a very proper ob Mr Brandt-Dirt you write that article?jection to labs. You say the evidence is not
Mr Smith-I decline to answer.
His Worship-Well, you must answer anless there is some reason for not doing
30.
Mr Webber-There is a reason.
io.
There
Mr Smith I do sot...
Бие
His Worship-1 would therefors nek you to apologise to the Court for the wards you have just used.
His Worship Then I shall only have to Mr Smith And I distinedly decline,
yon ten dollars for contempt of Court Mr Smith-Against which I shall appeal. declina to pay the ten dollars to begin with
His Worship-If wish to appeal 7 shall take a note of it.
Mr Sault Very well, your Worship (After a pause) Mr Smithi anid-I think __your 1 dan clam the privilege of asking Worship to take down what I
going say
you
to.
Mr Webber-I should like to say, your Wombip, that I don't wish anything at all about the foing for contempt of Court to appear on the depositions in this caso. That must be a separate matter. This case has to go before a jury, and I don't wish that to appear. I must sak your Worship if your Worship has
to fine in an, inferior power that it should be kept out of the
depenitions altogether. We can't have an
with the other
take no rotiss of it,
not at the deremony
sible.
Sentidi-fs she on the staff of the sud the printer went away. The copre viene prouide anade au stum hoc ibition, and in Telegraph! It was said, your Worship, that turned. Bo had some words again with doing so thanked the foreigo azhibitors, this was publication in itself.
be said, had
given ruok His Worship-Tho
to question is inadmiseased and then stabbed him with a knife whose exhibits,
in thoabdomen. The deceased's younger éclat to the Exhibition, which, he hoped, Mr Braudt-Did you ever provoke me in pursuit of the prisoner who had run
was there and brother
and immediately started | wonki open an era of general posce.
TRIPLE during the last five years?
away. He did not arrest him hec
him because, he
London, Lat
ALLIANCE
His Worship Your former qucation
not strictly speaking inadmisible. It based, he was afraid, seeing that the prisoner has appeared in the Contemporary Review
a bearing if you wish to put it.
Mr Brandt-1 decline to put it; (to wit- hos) Have you during the last few years written
hostile articles or paragraphs against me -I decline ky answer.
His Worship I don't think there is any use putting that question.
Mr Brandt He has been doing so for several
I think it is too vague.
Mr Brandt-f can pink Decaniser, 1888 which contains rather a can put in paper of 31st nice little thing. I shall put it in if your Worship will look at it.
October. --An article, which
a knife in bis haud. A police constable, and which the Daily News attributes to had a station. A koifs was afterwards found ins declaring that it is not a lengue of peace
srrested him and took him to the Mr Gladstone, attacks the Triple Alliance, however, compound in the neighbourhood, but beyond and especially condemns the adhesion the fact that the place was ous in which it Italy to it
it as ruinous to that
The country might have been thrown by the prisoner sticle justifies, under certain circocastaneus, while he was being pursued there was very French war of revenge for the resor
recovery title evidence to cotinect the prisoner with of Alace and Lorrainu. the knife. In cases of this description CONGRESS LE, THE THREE AMERICAS.- there might be circumstances of
provoca Wamington, Eeptember 30-4 Cozgrom tion which might reduen the crima of mur- of North, South and Central mericans haa der to one of umoslaughter, but he thought inst here to discuss the means to be adopt- mode of resentment then must bear a rea- close commercial relacions between the his Lerdekip would tell the jury that the ed for the promotion of friendship and sonable proportion to the provocation three regions. It is believed that Presid
•* received, and that no words however pro-ent Harrison's protectivo policy will prevens His Worship I think it is useless. If yoking were sufficient to reduce the crime any practical result being arrived at. ima pravation, you must have had to manslaughter where a deadly weap
to cool before this.
Mr Brandt-I have said in my letter
|receivable,and therefore that it should not appeal on it if it is mixed allow me to that he has persecuted me in his paper for
ba
read
Mr Webber-Will your Worship read what you have noted?
Hi Worship (reading): "Objection over. ruled on the ground that the article may disclose privilege to the deferunat in publishing the letter.
Mr Webber Would you mind putting my reason also? My resists in that this is for the purpose of fishing for evidence in connection with the civil action, and that the defondant is simply confined to the question of publication.
His Worship aid he would note Mr Webber's reneo (Continuing). This ab.
the article may disclose provocation or pri
the article.
me,
afterwards.
caso. If your Wurship would. suggest it, I think you should deal with it ne possible His Worship I shall as for ne eliminate it from the proceedings in this
0688.
Mr Webber-I don't think anything at all about it should appear in these deposi
His Worship-No, I am going to elimi- tions.
nate it.
fr Smith-Will your Worship take us
any
YOLLE
Mr Wobber-His vile paper, be wrote. Mr Brandi-I am quite ready to prose it.
afraid; still I think it is saliowable if you His Worship-It is too for back I am insist on it.
Mr Wobber-I object to its going to. Mr Brandt (to Mr Smith)—Are you the
ber 1888-Yes.
publisher of this paper dated 31st Decera- Me Brandt I refer to the article marked in red your Worship.
Mr Wobber-I must take the same ob
contains provocation.
was used.
A brother of the deceased's gave evidence as to the diappis between the two case, and
to the stabbing
Dr. Atkinson, Superintendent of the Gov ernment Cival Hospital, said the deceased when admitted to the hospital was suffering The round was an incised one and sons of from a wound in the region of the epigastrum.
Le
of
ANEW GUNPOWDER.
London, let October. At a mesting of the Elewick Manufacturing Company which was held yesterday, Sir William Armstrong announced that bad lately tried wită much success a new powder named cordite, which is absolutely smokeless and dampe proof
THE COTTON TRADE IN LANCASHIRE
Endon, lat October-The wildest ex- contenta of the abdomen were pruarud | citement took place yesterday in the ing A few hours after wimission symptoma Liverpool cotton market, when the Bop
internal bemor tram shishamon rhega aos in, and ho died ember fu.ures fell thirty points.
The ownere of two-thirds of
of the spindles taking a post mortem he found that the using American cotton have declined to wound penetrated sine fire iuchce, trans-ipin in the o
for closing the wills Sxing the stomach. The sound appeared for a fortnight, to have been flicted with a pointed inmeu
A ME
the
condition u that establishment in hand when he says he has been advised that Join in overruled on the ground that and because it is outside the jurisdiction of faction. Yone Warship Esust hold that it ment per place, or the direction upon an ally justified in refusing to answer suchega (arter a pause). Well I have read kind. walther-Will your Worship Batin. Do you recollecb that in February sooner, could you have saved his life t
or not
Mr
movement
· EGTCHERY OF WRITES BY NEGROES,
London, 2nd October-News received
to the negro employés of an Americau firm in the island of Novaes, situated near Hayti, have rarolted and butchered four Americans.
The British gunboat Forward arrived in with the time to tes
tescile the mainder,
of the whites
called, who
is a civil action pending between the same parties This question did not arise in examination in chief, and it is simply fishing fur evidence in connection with the civil suit in the Supreme Court Upon that ground I think the witness is perfectly justified in declining to answer. You will That H. B. the Governor has several mat- see that no queation was asked by me about
turs on
on hand with which he has promised
this article and a word was said about tho
down before we go further I object to publication of to deat
of this papor, consequently
answering the questions of the defendant That the vote for the
can ariso question Observatory may be
Cross-examination. It
because they are irrelevant and insolent questioned unless the Governor takes the
is simply fishing for evidence, just as much
this Court to take svidondo
∙of the libel. The complainant is per is no thore in
Me Pollock Suppose deceased liad boon boldly and places its Director in his pro-'
Mr Brandt-There is one other ques brought to the hospital forty or fifty minutes quenior and should be protected by the Mr. Webbor-If your Worship will entirely different footing than it is at
nt this stage? | Parbapa the Lpardon journ
tempor 1928
aparagraph in Court Can Mr
Brandt
See you published must object to your Worship er uf all parties will be a little subdued your paper that the Crown Promcutor had Several witnesses were give any reason.
Witness-No, it was impossible. proseal That it the duty of the Governor to why he puts that quas ion?
His Worship-That is the question.
pressing any opinion whether it is libellous after an adjournment for tiffin.
been instructed to
to proceed against med told a
story more or less direct the Colonial Office authorities as
His Worship I shall deal with thin
the Polios Cantt. Mr Brands I want to point out the to the wants of residents here, and to. advise how the Observatory can be best resson for my writing this letter-possible { abstain from that. I am certainly not going Smith may have a certain privilege as adopt true if I put it the the queso satisfied the blow wan Auez, up the pre Andr "han order the formatIOU OLA
His Worship--I shall very carefullyquation now. You say (to Mr Brand:) Mir-I don't remember it, but if it is in the one tokt
I am responsible for is. hsper
It was no
he wards insing up pointed o it RE MOUNTED INFANTRY REGIMERY, utilised to carry cut the original intention privilege and possible justification.
very clearly in the jury that if they were - London, October 1.—The Duke of Cam Mr Webber--If the defendant is going to before me upon say question than shares in a big I have to put these are all the questiona
to adjudicate
ournalist, which he has nut as ad operator for which it was established.
plend That it Dr Dobarak declines to carry out justification the case is at so und so
oner, they nitat convict of murder, unless sadud regiment of Mout
of Mounted Infantry, Me Webber-If your Wership allows the Mr. Brandt-As an operator in shares Mr Webbar I have no questions in re they were sanvinced that the prisoner acted
QUERA NATHAINE orders, then a Director who will do so far as your Worship is concerned.
question to be put you insinuate as much, and as engaged in general business, as an His Worship The word privilege is must be procured.
Belgrade, Keptember 30-Queen Nac His Worship I do nothing of the kind confitant and so forth.
This Worship said-In deciding this cas, in the list of passion and had no intention I have no jurisdiction whatever to in which case the crimes reduced to that that she will held elusf from polisice dur of grievously harming the decomed, in thalie has visited her son, and declares That the reorganisation of the Sanitary the right word to express it
I may he perfectly legitimate newspaper Me Webber-He says he has taken and criti feni and it may be a monstrous and Hagat. is acting on legal
and advice,
it although
espital. rant libe. It may be thoroughly justified for
ing her stay in the be falsity of the be quite irre
statoniente made
The was a most irregular statement to make, if
Jury unan
THE SEHVIAN ELECTIONS. all I know, but ic is certainly an attack,
the latter complained____ of/ The he should use ho is so
the proper Mr Webber-It may
Belgrade, September 30,-The Servlau Phising Worship
be fair comment
Brandt-Then it is no use my going only question I have to consider really is is legal adviser and judge this case at the
Your
can't Rot super
His Lordship said the jury bad taken a plections have resulted in the return of a the man. If your Worship allows any further. Mr Brandt, then referred bis that of publication. The authorship is not very lesiont view of the cars in not finding large number of Radicals and Ruscophiles.
FGS Dit verrule your objection puted. It has been proved before me the prisoner guilty of the capital offence. MR CHAMBERLAIN AND IRELAND, same time, and I subunit now that the word the quation, I do not see how you can Worship to a case in point.
yoar Worship's duty to has been used it is
on the ground that Mr Emith says he in a Mr. Lang, and that it was shown to Me Tho sentens of the Court was 16 years' send the case for trial
journalist and the publisher of that paper.
Rodyk. I pasa over the question whether Mr Brandt (w Mr Smith)-How many there has been any publication through the bites have you been in gol
was not
Board seems have been decided upon, and the recent melancholy and resping friction will it is hoped, be rendered im his possible in the future. That the Water Supply, below as well as on the levels, will have be settled. That the return of Mr Malah, viste
wokens at least some experience of the
∙to
Colony and its ne
Lite needs, throws some light:
P.
upon the reorganisation of the W. D That
the American Vice-Coneul was sozio- what unfortunate in mistaking Justina Wise's Court for an American tribunal. That an old-time Consul once said to a
coaman whe desired to take enit
againet his Captain Law law? law, my good man, was made for the owner and the captain; slung shot and ass boots for the sailors; better go on board and turn tu Law is not for much as yon."
:
That crualty such as we have lately heard of on board Carradian and other vessels should be stamped out by the strong arm of British law, and it will when oppor- timity offera.
That the mercantile communities of the Far East seem rather indifferent to the frot that they are to be fixed for & term of fourteen years with a two-dollar-per- word rate for telegrams to Europe. That the inference is there is som
is something it the background of the silenca
That the need for more shelter-places for the over-increasing native anall craft has been sadly demonstrated this week. That had the Chinese boat people
known more of practical meteorology: than the Observatory authorities, the
Dot
his
Mr Brandstification was only one of the reasons and not the first one that 1
avoid the insinuation of libel.
His Worship-The article is an attack upon the defendant'sreputation throughont
Mr Bend Mar 1
think your question is His Worship Proceed?
Mr Brande. The complainant
His Worship-- You say the reason is that has admitted that be in the publisher of this article will afford you privilege"
Mr. Prandt-Yes.
Mr Webber Privilege for what i His Worship-In the way
of provocation. Mr Smith-May I leave the box, your Worship, to instruct my solicitor f
Bis Woer-I
objection.
here
-I have
Mr. may may at once that there is no necessity at all for prolonging is proceding here. It has been held two or three on save, e nga hich was that ro or three cases, one of which was that of
Bowler. Fraser Smith, that that cannot be gone into here.
cr
is
or
Bis Worship-1 can't go into the truth falsehood of any statement.
Mr. Webber-That is what your Worship trying to do now.
His Worship-You fail to see the legal point. It is this, that publication may be privileged.
Mr.
Webber-No His Worship-Tos.
Mr Webber-If I commit a robbery an- other man is surely not justified in con mitting a robbery because I did so. If Me
this paper. The question of authorship is not relevant. He admits his liability os publisher.
Mr Brandt (to Mr. Smith) Are these statements in that leader frue!**** He Smith-I decline to answer. · His Worship The objection is Tho question is not relevant.
s sustained.
Mr Brandt (ending another copy of the Hangkung Telegraph to Mr Smith)-Has this paper been publiebed by peti
Mr Webber- by What is it that paper may
Mr Band-You are quite at liberty to
inspect it.
SI Webber-It looks like the mal issue of the same paper.
Me Brands (to Mr Staith)--Have you issued that pa er?
Mir Smith Yes.
Mr Brandt-It is the mail is of the Hongkong Telegraph.
the
Bir Smith-Yes, your Worship, it is
ice of an ordinary daily jasne.
Mr Wabber-There is an objection to
Mr Beandt-These
examination,
His Worship-I think the question would-quire into the question of the truth of man panimonsly funnd the prisoner
Me
Irrelevant
in
evidence that this letter was read in part se
to
her and
has no bearing whatever on the question of been quote publication.
His Worship-That is quite izrelevant and Paintiff'a wile the case his
tion
been quoted to me, it bears on the civil aide Mr Brands-It would save a deal of time of the remedy for libel, and there are if your Worship would correct me-am Ither cases which at least leave the ques allowed to go into the truth of
trath of the alleged stone No doubt in certain circum stances which have not been shown in this libal 1-
particular case there may be a publication His Worshiped hueso jurisdiction through a wife, but whether in this case it Mr Brandt referred his Worship to amounted to publication in law it is none for me decide, there is public case this point s'ao, which, however, hisation prima facie by Mr Bodyk and Mr Worship hald to be tonpplicable,
Mr Wobber-And Me Lammert.
to consider the truth of the tibol
Mr Brandt-How long have you been resident in Hongkong!
Мг
Smith-early 14 yanıı.
Lang
His Worship Yes, and Me Lammert
In answer to that the defendant puts for-
all topics concerning Hongkong-That is and I am privileged in publicly replying, Mr Brandt--And you are well versed inward this-yon attacked ma publicly a matter of c
you a
that
and in self-defence I rebut the accusatium Are
I don't know.
at it is a that
liber by proving Do you onnaider yourself qualified to it has been provoked by your attack on wo write on public questions 1:
and to a certain extent I think that is
guilty of manslaughter.
imprisonmunt with hard labour.
CORRESPONDENCE
"STREET CRIES.
London, October 2-Mr Chamberlain, paking at Newcastle yesterday, said that the Government would deal in a final man“ Her with the Irish Land Question neat Session.
RAILWAY DISASTER IN ITALY..
Maur
Liver
were loss
To the Editor of the * CHINA MAIL.'·. Rome, 80th September.-A frightful rail.
Hongkong, Oct. 19, 1889,
has way accident occurred in the Ariane S.-Why do not the Police enforce the tunnel wear Naples. Owing to sume mis
the Boogkong Ordinance which probibits take in signalling, two express traina Stout Ories in certain ports of the Olty of furs is the tannel, and twenty carriages were Victoria? Not only does Street Grying suired to pieces. take place on the lower lovels, but also on but the number in as yet uncertain. the Upper Roads. I hope to hear soon home, 1st October. The sondent in the that the anisation has been thoroughly Ariano Tunnel is not so cheatrODE NEWER ME abated.—Tours truly,
first supposed. The foremost para of the HOUSEHOLDER. train were cattle cars and cousequently
unly three people
and sweaty six injured.
SOLDIERS AND SAILORS INSTITUTE
To the Editor of the “Omina Mall.” Oot, 19, 1880, SIR-Will you kindly allow me to add to the account of the above Institution which you were good enough to give in His Worship That question has no defence which I am bound to entertain if it your hat night's issue, that the Committee bearing. The question is whether your is urged. I think the question is whether would be gind to receive books, magazines,
the latter is crimital. publication
the face of it conte Mr Brandt-Have you and 3
it contains illustrated and other papers ? Frionde And I had any intercourse or business relations
Ha may defend
they ara fresh-Yours sto., AAN DATAN not attack in re- His Worship-That does not bear on this tarn. If he attacks in return he com
G. H. BONDFIELD,
Chairman.
on
libel 65 110t this
absoluto self-defence. bimself, but he
...
CONTINENT.
ANOTHER RAILWAY ACCUTÍRAT DE MA Stuttgari, 1st October. --A milway 20- dent occurred close to Stuttgart. A train. became detailed and fell down a steep 'em bankment, causing the death of seven paa range whilst forty-three were badly in-
ALTERATIONS IN PRINCE VICTOR'S TOUR. Catella, October 2-Prince Albert Vic..
settled, considerable alterations will be made in the programme of his tour in India
·wracha and fatalities in the Harbour Smith libels the defendant hu secks his Ron Wormhip-You admit the publica- last five MOMAKES A Bring the anything which is not justified in fair and i would much oblige by wounding papers whilet tur's visit to Borma having been definitely
would have been increased on hendred
fold.
BROWNIE.
of both
Mr Smith-Yea
hir Brandt-That leader is reprinted in the mail issue.
Mr. Smith-I am sure I do not know, I should think it very likely.
you were the plaintiff it might have a bear- is not
not when you are defendant.
case. It may be the other one. If mits a libel, the publication of which
I have received is not justified.
vory li tle assistance in contraing this libel and Mr Brandt-You stated you had left for I have to come to the best conclusion I can
ing
remedy in the Civil Court, which course Mr Smith might have taken too. There fore it is plain that Worship
your har nothing to do but to inquire into your said you were satisfied.
Mr Brend Well, I want to know the List article. With
fsot. regard to the use of the word justí
Mr Brands—You laft junt about the time fication of couras the man who has him- self for a client-of course we all know the
THE SMITH BRANDT LIBEL OASE.ation, aud on that point
LIVELY. PROCEEDINGS,
DEFENDANT COMMITTED. FOR TRIAL.
The hearing of this case was resumed by
Mr Robinson in the Police Court to-day.
adage-and he has misunderstood the word he was instructed to use.
Hia
yourself
Mr Webber appeared for the complaiusal to the quasipWill you address Four
as to whether publication:
Mr Smith-I suppose you looked at it His Worship (to Me Sraith) Would you please address yourself to me?
Mr Swith--He iz saking “ question, you Worship.
Brandt
UNION: CHURCH.
Instead of going from Madras to Calcutta, His Royal Highness will go from Madras to Rangoon, and, after his
will proceed to Calcutta, tay there,
It is thus pretty certain that the Prince Christmas
Macao on the night of the publication of without that facima fuss evening that the Committee of the Ugion will not be in Caloutta dura
Mr Bwith Quite right. Yes I did,
aatheidar
may
pending
To the Editor of the CHINA Mail,' I have noted, as
19th Oct. SIE,Tohaarve in your issue of last expression which I think
the facts before me. Thete Churos have decided on re-eresting the week. Warranted by may be other. expressions; I say -
nothing the paper coming out?-The Kungchow about anything except the expression I now present building in the laud on the Ken-UMOURED IMPREZANT MILITARY CHANUDA left at six o'clock. Yes to Polize
Salinde to. The expression in wholesale nedy Road Boat of the Tramway recently Uelsutta, October 2.-In officist circles at that called you away then-Whit hea that on Mr Smith in his character ste of precting a building worthy of the site and nuilitary appointments in India.
What pressing business may it have been reviler. Frinks fucie I think that is a libel johtuited for that purpose. Although not a - home and India, the Englishman
suggest the desirability the air is thick with rumours of is another paragraph | got to do with you
mt list. On that ground, without going intoang |!
It is said, for instance, that Brelyn Wood and you should simple my you decline to chão foc trial
instead of following, the designs of the
pre sans Church which, however suitable at the in incession to the Dake of Connaught, time the present building was erected (I sad it is held to be quite on the carda understand nearly a quarter of a contury Lord Wolseley will become our Commander. go); can hardly be deemed in accordato lu-Uhief. At the same time, it is an open with the mathatic development of the pro- secret that Sir Frederick Roberta is sent day. Although much yet remains to
to secure be accomplished in the education of the mud, o
The objection to Sir Evelyn Wood's ap in a forward direction has been pointment to Bombay is his want of Indisa
marked in red, Har that dia Worship-That is quite irrelevant, others, I thinkjit my duty to commit this that should prové an ornament to the GT is most likely to get the Bombay Command
and the defendant was norepresented by is justified by a prerions publication In been written by you;
in that paper
Counsel
the first place you prove a prima facie ca and he replies, the publication is imputed Mr Webber said.This cane was adjourn to malice, and he rebots.
Mr Welber-That is hot the ed, your Worship, for the purpose of giving
„question.. His Worship-He says. I have been the defendant an opportunity of obtainius publicly attacked and in defence of my legal amistance in order to cross-examine character I
make my defence publicly the complainant, his right of cross-examin-
your Worship is Mr
the case standeʻat that point now. I don't
ing the other witgemes being waived, and Sir Hominy met
'BEY
Any
answer.
know if he has reasived any legal assist the responsibility of deciding whether it is ing this in so far as it may justify the defend and defamatory "libel knowing the same Mr Brandt said Mr. Wobber's intentenia mado in arteantur daring the experience.
Mr. Webber—And you take i upon yourealt
in.
FOBOX!
30
60
extension of his com-
RELIGIOUS SERVICES –
Mr Webber-No, my case is closed. 20 mit this men if I am clear there is no libel, 4 take it that I must rule out both these I shall be quite willinglista de 72nakal Bir Smith in the Supreme Courtingimatical building to considered fat 8.30AM, Blatina at 11. Höly. Cum- Smith tenders himself for mss-examine you were patisded on the point of pública, me shicotionation of your letter he may case in which Mr Smith himself have"
Mr Brandt--If a new to being subsequent to the
Mr Smith-I decline to answer.
Mr Webber naked that the defendant His Worship-On the same ground it
Mr Smith-Weil, I will take no notice should be bound over in heary securities to at all of them, that will be the heat plan. becomes immaterial for your purpose.
As far as he was aware and from Ma Brandt-I should like to have that
Mr. Brandt (to the Court). May I exa- other inquiries made, Mr Brandt had no mine paragraphs read.
him on the learling article
bangible property whatever in this colony Mr Wabbet.It is o dated before
of no court, if it is for Worship-That is not the question Mr Brandt - That is quite fales, * this notion.
before me.
Mr Webber said he was simply her His Worship No, it cannot have Mr Brandt (to Ms Keith You have the agent of a German firm in Bhangbai | popular tasin, thara sa ha re doubt that a
keda defamatory libel bearing on
this case, this being baoquent, sworn that I publisked a
and might leave the colony at
stride in Aby moment, Greas
In art and architecture nnot be relevant.. I I am only tak. The words are A pertain false scandalous
years, Le vili he publication (of the letter) Therafors to be false; you have sworn that How do were quite false. He was not at this moment pest
be generally concaded that Row. how- bat o was a landed proprietor in the bunkyBurga Colony ant tle kund being subsequent it cannot be relevant, you know it is false 1-I do not answer that an agent
conmonded a civil suit | ever wall they may meet the practic that prors
ST. JOHN'S CATHEDRAL-Farade Servien urt quiroments of the Colony, none of
none of our co- papers
the Supreme Court, not bera two mail sauss) because of the
He referred bis Worship to a similar
SUCCESS DI been
onion at the 11 o'clock service on b san regards grebilectoral design. Ido know
not
• you may considez lat, 3rd, and 6th (if any) Bundays in the whether recog- His Worship-That is going into the allowed bail of #26 on his
WAGPRANVERA, Bakeryention wurthy of comideration, "It / month Evensong at banners! question of
UNION CHURCH.Minister Rev. G, H Worship that to the circum. you do, you will perhaps
Bondfeld-Bervices at 11 AM and 7.80 which I cannot deal.. Els sworn it is
stances, and considering the case Mr Brindt publicity in an early fale, and I cannot go farther, had referred to, a bail of $100 in defondant's
Mr Brand;--You have written in your
Observer, not being a sastholder, does GREMAS BETHESDA CHAPEL-Service in own recognisances would be sufficient
ezards | 000 know that the Trustees of the Church the German language, by Ruy. F. Hartman, diction on the colong 1-Iata not aware of the matter of that fine, I shall
Bot empowered to usD the funds of the every Sunday, at half-past ten .X., in the
Point Ar Smith-I am obliged to your Way Irons in schitecture to the Colony. Ba ship. I am sorry that I spoke hastily, with sides. Union Church is by no means a bad looking edifice. Ct is the best of the kind matter of opinion. Mr South-1.do; your Worshipments that it is proposed to make, it wil
Mr Smith should say you are, assolip-Well, you spologise now? in the Colony-far ahead of the entiquated 6 P. M. Thursday, & P.. The Holy
Cathedral-and, with the few improve. Mr Brandt That I am sent by providence
His Worship Then the fine will be rebot detrast from the beauty of Kennedy witted. No further steps will be taken Road-rather the roveros.—Ep. C. M.
What do you
and's
a privileged publication.
Bis Worship-Have you any other wit
His Worship I am not bound to com- this
nesses to produce
(the
Mr Webber-You said on last occasion
dato
of
the
• tiou...“.
tion,
Mr Brandt (to Mr
Hi Worship (to defendant) —Have you
His Worship-Me Body's evidezoo was
all yourself, ir Smith 1
any legal advisor ↑
Mr
Mr Smith What
Smith-What do you mean 1
have beat advised-
has been advised.
Fis
Me Brandt-I have taken advice and I prima facie evidence of that, under
Mr Webber Suppose a man libels you
Me BezadiWhat la wave and what in your busin
lenow
Weinhe truth of the libel, with on
IN ORD
KIVO IL
Webbor-Wo can't have that, what in kis paper, you can't go and assault that Bir Wobbs-That question has been sender of the 9th October that i am saja. ⠀⠀. His Worship (to Mr Smith)—A Church for the purpose of providing object hapet of the Berlin Four E
defendant I am speaking to the
at present.
that
man and say 'I am going to defend myself, ready answered, and it is simply put now and then pat in a piss of justification. I
to tantalise the complainant. You have not got a legal adviser submit there is no bucks law. The very Mr Brand I should be glad to get au
basis of criminal libel is to prevans breach janewer from the witness.
His Worship Wall, the artible spoke Afr Brandt - I have not got any legal of the pesos, and if while Mr Fraser Smith His Worship The question han aiready for itself. adviser have, but I have been advison, so ak any time is walking in the street some been answered, and
Mr Webber-Wo can't have that; it is one cumes and give him a hammering, can Mr Brand What do you describe your never allowed.
he say-1 ani defending myself' 1 His WorshipHe may make any state- moet he likes
His Worship--That would not be do Fonding himself in the proper way but
salt as i
Mr Smith-As journalist, editor and pro- prietor of the Hongkong Telegraph
a fofliction on the Colony)-No, nos quite, Men such as Brandt'
His
Are
BY, FRIM'S BEAMER'S CHVich, Sailors' Home-Service on Sunday, at 11.3.m, and
Banday in the month at 7.30 A.M.; on the Communion is duinistered on the Second
First and Third Sundays, at yooN 3 on the Fourth Sunday, at Eroving Service
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