CO129-074 - Lieut. Governor Caine & Sir Robinson - 1859 [6-12] — Page 380

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Acting Colonial Secretary.

to Mr Tarrant.

SIR,

COLONIAL SECRETARY'S Office, VICTORIA, Hongkong, 3d August, 1858.

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His Excellency The Governor directs me to inform you that a Criminal prosecution for libel will be instituted by the Government on account of an article which appeared in the Friend of China of Wednesday the 28th July last. The article complained of is that beginning "The Commission appointed to enquire into the charges against Mr D. R. Caldwell," and the libellous passage is contained in the words " and when we bear in mind that the principal "charge broke down through a contemptible, damnable trick on the part of Government, a "trick which should certainly be punished in some way or other, for it is farcical to suppose that it was not performed after deep meditation and with reference to consequences, when "we bear this in mind we say, we think it only proper that the thanks of the Community "should be conveyed to Messrs Anstey and May, for their warm and disinterested efforts on " behalf of the public. The destruction of the Books is most unfortunate for Mr Caldwell-the

honesty or otherwise of his aims is involved in greater mystery than ever."

His Excellency is unwilling that any person should be troubled on this account except the writer of the article in question, and you are therefore requested to furnish the name of such writer, otherwise proceedings will be instituted against yourself,

W. TARRANT, Esq.

Editor of the Friend of China.

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32

4

SIR,

I have the honor, &c.,

SUMMONS FOR DEFENDANT.

W. T. BRIDGES, Acting Colonial Secretary.

In the cause in which the Queen

"FRIEND OF CHINA" OFFICE, HONGKONG,

4th August, 1858.

I have the honour to acknowledge your letter No. 470 of yesterday's date, in which you inform me that His Excellency the Governor is desirous I should furnish the name of the writer of the paragraph commencing with the 42nd line in the fourth column on the second page of the 60th Number of the 17th Volume of the Friend of China of the 28th ultimo, and ending with the words "than ever" on the 56th line. In reply I hasten to say that I wrote every word of it, and in so writing was only prompted by a strong sense of public duty. In support of my reasons I have Acting Colonial to submit the following statement and reference. In my paper of the 7th ultimo, quoted from the

Hongkong Register of the previous day--appeared the following paragraph-

Mr Tarrant

to the

Secretary.

Finally, no man has charged me that, to escape from public odium and contempt, I "destroyed public documents of which I was the Custos, and which if produced would have con "tained the damning evidence of the complicity of my subordinates with thieves, resetters, mur

'derers, and pirates."

You, Sir, of course know that this was intended by the Hon'ble Mr Anstey as a direct charge against yourself. The context allows no other reading of it. In short, you, the Acting Colonial Secretary, were accused of having destroyed the documents which would have proved Mr Caldwell's guilt on the most important charges against him. This accusation wa made in the Council Room, was duly reported as part of proceedings there, was published in my paper (copied from another) now a month ago, and, to the present moment, has not been refuted nor denied. The public, even by this very silence, have been led to believe the accusation, and hence my reason for saying the trick was contemptible,--was damnable-and deserving of punishment. Certainly, if you did that which Mr Anstey says you did, the act could not be denoun ced in language too explicit.

Show me, Sir, that you have been treated unjustly,and I will be the warmest in doing all that can be done to remove any injury that may have accrued to you by the slander,

I have to express the hope that, after this full exposition of my reasons for penning the passage deemed libellous, His Excellency will see fit to alter his determination to institute criminal proceedings. Of the result of such an action, as against myself, I have no fear; though the trouble of defending it would be a severe annoyance; and, whatever the verdict, could not serve to clear up imputations originating on the words and charges of a high public officer.

1 have the honor to be,

[If practicable, the Copy)

most be served on the Party

personally; but if this be m prmeticable, it may be lett at

him inst usual Place of Abode, į

AT THE CHIEF MAGISTRATE'S OFFICE, VICTORIA, IN THE COLONY OF HONGKONG,

the fifth day of August, 1858. by G. Cooper Turner, Esq., Crown Solicitor &c., is Plaintiff and Mr William Tarrant, Editor and Proprietor of the Friend of China

and Hongkong Gazette,

is Defendant. To Frederick Martin, a Constable of the said Colony, and to all other Constables of the said Colony.-

Zethereas the said Plaintiff hath this day complained to me, The Hon'ble H. Tudor Davies, Esquire, one of HER MAJESTY'S JUSTICES OF THE PEACE for the said Colony, for that the said Defendant, on the 28th of July, last past, at Victoria wickedly and malicious ly did write and publish a certain false, wicked and scandalous libel, in the newspaper called the Friend of China and Hongkong Gazette, of and concerning Her Majesty's Government of Hongkong, and has prayed that the said Defendant may be called upon to answer for this offence, and may be further dealt with according to Law: These are therefore to require you forthwith to summon the said Defendant to be and appear at the Office aforesaid on Saturday the Seventh day of August 1858, at the hour of two o'clock in the after noon, before such JUSTICE OF JUSTICES OF THE PEACE for the said Colony as may then be there, to answer to the said information and complaint, and to be further dealt with according to Law: And be you then there to certify what you shall have done in the premises.

Given under my Hand and Seal, at the time and place first above-mentioned.

(Signed)

H. TUDOR DAVIES,

Chief Magistrate.

I, Luis Fernandez, a Constable of the said Colony, do hereby certify that on, 6th August, at 20 minutes past

o be affixed to a conspicuesta 3 .. I duly summoned the within named Defendant, and served a true Copy of this Summons on the said Defendant,

part of the Abode; and the reasons why

the personal Beavle could bot in the manner following, that is to say, I personally delivered a copy to defendant's boy, at defendant's residence.

be made, mure be stated im

the return.

(Signed)

LUIS FERNANDEZ,

Constable.

Sir,

The Hon'ble W. T. BRIDGES, Esq., D.C.L.,

Acting Colonial Secretary.

Your most obedient servant

W. TARRANT.