393
page 10 of the pamphlet) but having regard to the peculiarly scandalous character of the libel I declined to stop the prosecution.
4. After various attempts to quash the proceedings on technical and other grounds (reported on pages 4 to 24 of the pamphlet) the case was brought to trial on 8th and 9th June last.
5. Owing to the fact that the defendant certainly was, as in the libel he claims to be on terms of close friendship with His Excellency The Governor of the Colony and that The Attorney General, The Honble E L. O'Malley, was a guest at Government House at His Excellency's request, I, from feelings of delicacy, instructed my Solicitor, Mr. A. B. Johnson, who was also Crown Solicitor, to engage the services of Mr. I. G. Hayllar to conduct the prosecution.
6. In due course Mr Johnson requested The Attorney General to direct the Registrar of the Supreme Court to summon a special jury, which Mr O'Malley declined.
Application was then made to His Honor Chief Justice Sir John Smale to order a special jury with a view to having the case held as intelligently as possible, but His Honor declined, stating though he could make such an order he was not bound to. (In this connection I would call your Lordship's notice to His Honor's remarks reported on page 25 of the pamphlet marked D.)
7. The case was concluded on the 9th June 1880 and resulted in a verdict.
Counsel for the Defendant Quilty: His Honor the Chief Justice thereupon indicated to my Counsel Mr. Hayllar, a wish that he might be relieved from the duty of facing sentence by the prosecution consenting to forego punishment. This I refused to do.
And His Honor then sentenced the Defendant to pay a fine of fifty Dollars ($50).
8. Later in his summing up and in explanation of the leniency of his sentence His Honor commented upon a speech made by me at a public meeting of the Hong Kong Chamber of Commerce, referred to in the libel (marked I in page 34 of the pamphlet).
I very respectfully beg Your Lordship's special attention to these remarks of mine and to the correspondence relating thereto printed pages 44 to 49 of the pamphlet.
9. I have no hesitation in asserting that the remarks I made at the Chamber of Commerce were absolutely true and that they are well known in the Colony. Pitman has undoubted been on the most intimate and confidential terms with His Excellency The Governor.
393
page 10 of the pamphlet ) but having regard to the peculiarly scandalous character of the Libel I declined to stop the prosecution.
4. After various attempts to
quash the proceedings on technical and other grounds/reported on pages 4 to 24 of the pamphlet) the case was brought to trial on 8th and 9th June lact.
5. Owing to the fact that the defendant certainly was, as in the Libel he claims to be on terms of close friendship with His Excellency The Governor of the Colony and that The Attorney General, The Houble E L. O'Malley, Excellency's living
quest of His
was a guest
at Government House
I from feelings of delicacy, instructed my Solicitor, Mr. A. 13. Johnson, who was also Crown Solicitor, to
engage 6.
services of
of Mr. I. 6. Hayllar" to conduct the prosecution
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20
the
In due course Mr Johnson, requested The Attorney General to direct
cistrar of the Supreme Court to
the
summon a special.
to
or malley declined jury, which Nur
Application was then made to His Honor Chief Justice Sir John Smale to order a
special
with a view to having the case, held as intelligently
possible, but
His Horror dechiied?
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stating
though he could make such
that
an order
he was not bound to. (In this connection
I would call your Lordship's notice to His Honors remarks reported on,
25 of the pamphlet marked D.
case was
page
concluded on
the
The 7. 9th June 1880 and resulted in a verdict.
1880 in a
he
Counsel
of Quilty : His Horror the Chief Justice thereupon indicated to my Mr. Bayllar, a wish that
he might be relieved from the duty of facing sentence. by the prosecution consenting to forego punishment This I refund to do
and
His Honor then sentenced the
Defendant to pay a fine of fifty
Dollars ($50).
later
In his summing up and on in explanation of the leniency of his sentence His Honor, commented upon.
speech
va de
"call
by me at a public meeting of the Hong Hong Chamber of Commerce, referred to in the Libel ( marked I in page 34 of the pamphlet ).
I very respectfully Your Lordship's special attention to these remarks of mine and to the correspondence relating thereto printed pages 44 to 49 of the pamphlet
avv
9.
I have no
hesitation in that the remarks I made at the Chamber of Commerce were
asserting
absolutely true and that they is well known in the Colony
Pitman has undoubted.
are do
daly.
nir
been
John on the most intimate and confidential The Governor, terms with His Excellency
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