34
September last, when he brought Mr. Tarrant to trial for libel, the verdict and sentence of which is well known, and which trial would probably not have taken place, but for Mr. Tarrant boldly accusing Conner, considered a most malicious and unmanly manner, namely, assuming that Colonel Caine, who had taken his passage for England, in the Peninsula and Oriental Company's steamer "Grenada," of 24th August, would assuredly embark then; and he published, on that date, in the overland edition of his newspaper, the libel upon which he was convicted, but abstained from doing so in his local edition of the Friend of China.
Had, therefore, Colonel Caine embarked, he would have been kept for some months in ignorance of the infamous attack made upon his character, and have been debarred all means of defence. For years previously to this last libel Colonel Caine had determined to treat anything to which Mr. Tarrant could give utterance against him with contempt, the more so as his charges had been in the first instance formally found to be "groundless and without foundation," and in this opinion he had been strongly supported by his friends.
LIBEL CASE-In the Supreme Court of Hong Kong, September, 1857. The Queen (on the information of Lieutenant-Colonel Caine) v. William Tarrant. The Honourable Mr. Adams acting Chief Justice.
The 20th day of September, 1859. VERDICT, as delivered by the foreman of the Special Jury
"We unanimously find the defendant Guilty of the libel charged against him; and we find also that he has totally failed to connect Lieutenant-Colonel Caine, in even the remotest degree, with the various corrupt practices falsely alleged against him therein."
21st day of September, 1859. SENTENCE. That the defendant, William Tarrant, be imprisoned in the common gaol at Victoria, in the colony of Hong Kong, for twelve calendar months, and pay a fine of fifty pounds to Her Majesty, and to be further imprisoned till the said fine be paid."
(Signed) "W. H. ALEXANDER.
Registrar, Supreme Court."
The Special Jury consisted of Messrs. M. M. Beckwith, head of the house of Russell and Co.; G. A. Weiner, head of the house of Lindsay and Co.; Alfred Wilkinson, head of his own firm; James I. Mackenzie, partner in Dent and Co.'s; Donald W. Mackenzie, head of D. W. Mackenzie and Co.'s; Henry Rutter, in charge of Commercial Bank; and R. M. Reddie, of the firm of Holliday, Wise and Co.'s.
The above are true extracts.
(Signed)
W. CAINE.
Hong Kong Overland China Chronicle, February 15, 1860.
There can be no doubt," (here quotes verdict of jury) "that Mr. Tarrant firmly believed that Colonel Caine had done him grievous wrong in the matter of his dismissal from the Government appointment which he held, which dismissal, we may observe in passing, was confirmed by Earl Grey; and that in consequence he had incessantly attacked Colonel Caine with unrelenting animosity. In the excess of his anger he listened too credulously to the tales and gossips of others, and became the instrument through which publicity was given to libels which, at the time of trial, he was unable to defend or establish.
"Looking at the aggravated character of the libel itself, and bearing in mind that for a comparatively trifling libel another editor was sentenced, some time ago, to six months' imprisonment, we cannot honestly say that we should condemn the period of twelve months as being too long, provided that the nature of the imprisonment were such, as, for a like offence, an offending editor would be confined in a gaol in England. This colony had unhappily attained an unenviable notoriety for the number and virulence of its libels; the press was but too often made the vehicle of personal malignity and private spite, and even the privacy of domestic life afforded no security against the attacks of reckless libellers."
In February, 1860, Lieutenant-Colonel Caine received from the China trading population of Hong Kong, a piece of plate, in the form of a Chinese looking-glass, about 18 inches high, bearing a dedication, in Chinese, to the following effect: A tribute of praise to the good administration of Lieutenant-Governor Caine. We look for your Excellency as for the coming of the new year; and although you are far from us, we forget not to obey.
"Respectfully presented by the Chinese trading population of Hong Kong."
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34
September last, when he brought Mr. Tarrant to trial for libel, the verdict and sentence of which is well known, and which trial would probably not have taken place, but for Mr. Tarrant bolared Conner, cou sidered a most malicious and unmanly manner, namely, assuming that Colonel Caine, who had taken his passage for England, in the Peninsula and Oriental Company's steamer "Grenada," of 24th August, would assuredly embark then; and he published, on that date, in the overland edition of his newspaper, the libel upon which he was convicted, but abstained from doing so in his local edition of the Friend of China.
Had, therefore, Colonel Caine embarked, he would have been kept for some months in ignorance of the infamous attack made upon his character, and have been debarred all means of defence. For years previously to this last libel Colonel Caine had determined to treat anything to which Mr. Tarrant could give utterance against him with contempt, the more so as his charges had been in the first instance formally found to be "groundless and without foundation," and in this opinion he had been strongly supported by his friends.
LIBEL CASE-In the Supreme Court of Hong Kong, September, 1857. The Queen (on the information of Lieute- nant-Colonel Caine) v. William Tarrant. The Honourable Mr. Adams acting Chief Justice.
The 20th day of September, 1859. VERDICT, as delivered by the foreman of the Special Jury
*
"We unanimously find the defendant Guilty of the libel charged against him; and we find also that he has totally failed to connect Lieutenant-Colonel Caine, in even the re- motest degree, with the various corrupt practices falsely alleged against him therein."
21st day of September, 1859. SENTENCE. That the defendant, William Tarrant, be imprisoned in the common gaol at Victoria, in the colony of Hong Kong, for twelve calendar months, and pay a fine of fifty pounds to Her Majesty, and to be further imprisoned till the said fine be paid."
(Signed) "W. H. ALEXANDER.
Registrar, Supreme Court.”
*
The Special Jury consisted of Messrs. M. M. Beckwith, bead of the house of Russell and Co.; G. A. Weiner, head of
35
the house of Lindsay and Co.; Alfred Wilkinson, head of his own firm; James I. Mackenzie, partner in Dent and Co.'s; Donald W. Mackenzie, head of D. W. Mackenzie and Co.'s; Henry Rutter, in charge of Commercial Bank; and R. M. Reddie, of the firm of Holliday, Wise and Co.'s.
The above are true extracts.
(Signed)
W. CAINE.
Hong Kong Overland China Chronicle, February 15, 1860.
There can be no doubt," (here quotes verdict of jury) "that Mr. Tarrant firmly believed that Colonel Caine had done him grievous wrong in the matter of his dismissal from the Government appointment which he held, which dismissal, we may observe in passing, was confirmed by Earl Grey; and that in consequence he had incessantly attacked Colonel Caine with unrelenting animosity. In the excess of his anger he listened too credulously to the tales and gossips of others, and became the instrument through which pub- licity was given to libels which, at the time of trial, he was unable to defend or establish.
"Looking at the aggravated character of the libel itself, and bearing in mind that for a comparatively trifling libel another editor was sentenced, some time ago, to six mouths' imprisonment, we cannot honestly say that we should con- demn the period of twelve months as being too long, provided that the nature of the imprisonment were such, as, for a like offence, an offending editor would be confined in a gaol in England. This colony had unhappily attained an unenviable notoriety for the number and virulence of its libels; the press was but too often made the vehicle of personal malig- nity and private spite, and even the privacy of domestic life afforded no security against the attacks of reckless libellers." In February, 1860, Lieutenant-Colonel Caine received from the China trading population of Hong Kong, a piece of plate, in the form of a Chinese looking-glass, about 18 inches high, bearing a dedication, in Chinese, to the following effect: A tribute of praise to the good administration of Lieutenant-Governor Caine. We look for your Excellency as for the coming of the new year; and although you are far from us, we forget not to obey.
"Respectfully presented by the Chinese trading popu- lation of Hong Kong."
D 2
57
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