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was desirous of having the case heard now misunderstanding having arisen both in his and Mr Nelson was not here to go on. own mind and in the mind of Mr Johnson Surely that was not Mr Pitman's fault. It as to the hour; they had both believed it struck him that this was rather an extra was to come on at 11 o'clock. At that hour ordinary way of doing things. A gentleman laid a serious charge like this and the same day went away to Shanghai on pleasure and put the gentleman against whom he had made the charge to this inconvenience and humiliation.
about that time.
Mr Brereton: When this summons was
The Magistrate said that if Mr Brereton had at the proper time brought forward the arguments he was now adducing, he was not sure that he would have granted the remand, but an agreement having been made, an understanding come to between the parties, they could not go back on that. The understanding certainly was that the first affair was to lie over three weeks or until Mr Nelson returned, Mr Nelson has not yet returned, but we are here to-day to have the case disposed of.
Mr Brereton again reminded the Magistrate that he had only asked for an adjournment for two days.
The Magistrate reminded Mr Brereton that the other side were ready to go on; the defendant was not. The defendant required an adjournment, and the complainant made it a condition "three weeks or nothing" which was accepted. Certainly it was a very peculiar case, the complainant laying this serious charge and then going away at once, but then all his arrangements had been made before for going.
Mr Brereton: It is a very serious charge to be hanging over any man, it is, in the words of the summons, for that he did on the 29th day of March, 1880, at Victoria in this Colony unlawfully write and publish, and cause and procure to be written and published, a certain false, scandalous, and defamatory libel of and concerning the said Horace Harrington Nelson, he, the said John Pitman, then well knowing the said libel to be false, contrary to statute 6 and 7 Victoria, chapter 94, section 4. Now, that is to all intents and purposes criminal charge, and I ask your Worship, when an ordinary criminal charge is brought before you and remanded say for a week from some cause or another, and then comes up again and the prosecutor is not present, would you not as a rule dismiss that charge.
The defendant would suffer no inconvenience by the order applied for,-that he find bail, He presumed Mr Johnson would be satisfied with his personal recognisances.
Mr Johnson insisted on sureties. He had, in Mr Brereton's two letters to him, notice of Mr Pitman's intention to leave for Japan or Shanghai.
Mr Brereton said he had never written or said that Mr Pitman was to leave; he had said he might have to leave.
After some further conversation,
The Magistrate: Yes.
Mr Brereton: Then I ask you to dismiss this case. Several steamers have arrived within the last few days, one arrived yesterday if I mistake not, by which Mr Nelson might have returned to Hongkong if he really desired to prosecute in this case.
Mr Brereton said he was prepared and authorised to assure the Court that Mr Pitman would remain here until the bearing of the case,-any reasonable length of time.
Is Mr Pitman to remain for an indefinite time under this charge to suit the pleasure and convenience of Mr Nelson Were he prevented by any calamity, the break-down of a steamer or wreck or any reasonable excuse from being present here to day, had he shown any desire to be present here to prosecute on the date fixed and been prevented by any unforeseen circumstance, then there would have been some reason for asking that the case might stand over further; but as it is there is none.
The case was ultimately postponed for a fortnight, Mr Pitman entering into his own recognisances in $500.
Under the present circumstances I feel that I am justified in asking the Court to dismiss the summons. We are here all ready. Mr Pitman has surrendered to his recognisances and is here, and Mr Nelson is not here to prosecute the charge.
Wednesday, April 21.
ANOTHER APPLICATION TO DISMISS THE SUMMONS IN THE ABSENCE OF MR NELSON.
Mr Brereton, on the Magistrate attending to-day, shortly after noon, apologised for some
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and Mr Nelson is not here to prosecute the charge.
The Magistrate: Yes. Have you anything to say, Mr Johnson?
Mr Johnson: Yes. I have. Mr Brereton made a great deal of the case having been postponed when he was ready, and of the convenience of Mr Nelson being regarded in the matter, but he seems to have lost sight altogether of the fact that it was entirely for the convenience of Mr Brereton and his client that the case was ever postponed at all. We were here three weeks ago ready to go on, and it was only to suit the convenience of the defendant and his Solicitor, who were not prepared to go on with the case then, that we agreed to any adjournment at all. And we only agreed to an adjournment on the distinct understanding that the adjournment should until the return of Mr Nelson from Shanghai, which would probably be in or about three weeks' time. That was three weeks ago to-day.
Mr Brereton: It was remanded till that day three weeks, or rather from a fortnight from the date when it was last before the Court. That is to-day. This is the first time the word "about has ever been used. I never heard of this agreement to wait till Mr Nelson returned, whenever that might be. I certainly never agreed, never could have agreed, to anything of the kind. I never heard of a remand in vague terms of that sort.
Mr Johnson: That is so, your Worship. It was remanded till Mr Nelson's return, which it was stated would be about three weeks' time.
The Magistrate: You shall certainly have the adjournment you ask for, for two or three days, but I do not see my way to let the case hang over much longer.
Mr Brereton: The case was adjourned for a fortnight on the 7th April. It comes on now for hearing; the prosecutor is not here, and considering the nature of the charge and the absence of the complainant, I ask for the summons to be dismissed.
I ask that the summons be dismissed. Mr Nelson should have made it his business to be down here three days ago.
The Magistrate: I must say that I should not be inclined to go much beyond the three weeks. If the case is not to be heard very soon, the summons should be dismissed.
Mr Johnson: Mr Nelson will be here to-night if the Oxus comes in.
The Magistrate: I can only decide on this point as I decided before, that no precise date was fixed, that it was agreed that the case should be remanded from time to time until Mr Nelson's return in about three weeks' time from the 31st ult.
The Magistrate: Then you can have it to-morrow if you like.
Mr Johnson: I have asked for a remand till Friday, which would be more suitable. I am now informed that Mr Nelson will be
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was desirous of having the case heard now misunderstanding having arisen both in his and Mr Nelson was not here to go on. own mind and in the mind of Mr Johnaon Surely that was not Mr Pitman's fault. It as to the hour; they had both believed it strnak him that this was rather an extra was to come on at 11 o'clock. At that hour ordinary way of doing things. A gentle they were engaged in Chambers with the man laid a serious charge like this and the Chief Justice and had satisfied themselves same day went away to Shanghai on pleasure that they would not be putting his Worship and put the gentleman against whom he to any inconvenience as he would have other had made the charge to this inconvenience cases to go on with. and humiliation.
about that time.
Mr Brereton: When this summons was
His Worship replied that the case was as The Magistrate said that if Mr Brereton plainly as could be fixed for ten o'clock had at the proper time brought forward the fo-day. It was called in its order on the arguments he was now adducing, he was list and neither party was present theu nor not sure that he would have granted the at the hour fixed. He was prepared to go remand, but an agreement having been on now. made, an understanding come to between the parties, they could not go back on that. The understanding certainly was that the first brought on it was adjourned for three whole affair was to lie over three weeks or weeks until Mr Nelson returned, Mr Nelson until Mr Nelson's return which would be has not yet returned, but we are here to-day to have the case disposed of. This is a very Mr Brereton again reminded the Magis- serious charge to be hanging over any man, trate that be had only asked for an adjourn-it ie, in the words of the summons, for ment for two days.
that he did on the 29th day of March, 1880, The Magistrate reminded Mr Brereton at Victoria in this Colony unlawfully write that the other side were ready to go on; and publish, and cause and procure to be the defendant was not. The defendant written and published, a certain false, required an adjournment, and the com- scandalous, and defamatory libel of and plainant made it a condition "three weeks concerning the said Horace Harrington Nel- or nothing" which was accepted. Certainly son, he, the said John Pitman, then well it was a very peculiar case, the complainant knowing the said libel to be false, contrary laying this serious charge and then going to statute 6 and 7 Victoria, chapter 94, away at once, but then all his arrangements section 4. Now, that is to all intents and had been made before for going. The de- purposes criminal charge, and I ask your fendant would suffer no inconvenience by Worship, when an ordinary criminal charge the order applied for,-that he find hail, is brought before you and remanded say for He presumed Mr Johnson would be satisfied a week from some cause or another, and then with his personal recognisances.
comes up again and the prosecutor is not present, would you not as a rule dismiss that charge.
Mr Johnson insisted on suroties. He had, in Mr Brereton's two letters to him, notice of Mr Pitman's intention to leave for Japan or Shanghai.
Mr Brereton said he had never written or said that Mr Pitman was to leave; he had said he might have to leave.
After some further conversation,
The Magistrate: Yes.
Mr Brereton: Then I ask you to dismiss this case. Several steamers have arrived within the last few days, one arrived yes- terday if I mistake not, by which Mr Nelson might have returned to Hongkong if he Mr Brereton said he was prepared and really desired to prosecute in this case. Is authorised to assure the Court that Mr Mr Pitman to remain for an indefinite Pitman would remain here until the bear-time under this charge to suit the pleasure ing of the ease,-any reasonable length of and convenience of Mr Nelson Were he time.
prevented by any calamity, the break-down
THIED DAT.
The case was ultimately postponed for a of a steamer or wreek or any reasonable fortnight, Mr Pitman entering into his own exouse from being present here to day, had recognisances in $500.
he shown any desire to be present here to prosecute on the date fixed and been pre- vented by any unforeseen circumstance, then there would have been some reason for ask- ing that the case might stand over further; but as it is there is none. Under the present SUM-circumstances I feel that I am justified in asking the Court to dismiss the summons. We are here all ready. Mr Pitman has sur- rendered to his recognisances and is here,
Wednesday, April 21.
ANOTHER APPLICATION TO DISMISS THE
MONS IN THE ABSENCE OF ME NELSON,
Mr Brereton, on the Magistrate attending to-day, shortly after noon, apologised for some
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morrow.
and Mr Nelson is not here to prosecute the The steamer may not come in till to- charge.
The Magistrate: Yes. Have you eny-
Mr Brereton: Saturday would suit me better, if the case is to be gone on with. thing to say, Mr Johnson ?
Mr Johnson: Yes. I have. Mr Brereton | But I ask your Worship, looking to the bus made a great deal of the case having whole case as it is before you, to dismiss the While Mr. Nelson is away up been postponed when he was ready, and of summers. the convenience of Mr Nelson being regarded North at Shanghai, enjoying his shooting in the matter, but he seems to have lost and other amusements, my client is virtually sight altogether of the fact that it was en-detained here under a criminal charge until tirely for the convenience of Mr Brereton it suits Mr Nelson to come back at his con- and his client that the case was ever post-venience, and flushed with health, to pro- poned at all. We were here three weeks seeute this suit.
Mr Johnson: There is no shooting at
ago ready to go on, and it was only to suit
the convenience of the defendant and his Shanghai in April or in May that I ever Solicitor, who were not prepared to go on heard of.
with the case then, that we agreed to any Mr Brereton: Well, coursing and other adjournment at all. And we only agreed to amusements.
au adjournment on the distinct understand- Mr Johnson: All my client ever under- ing that the adjournment should until the took to do, all he ever intended to do, was to return of Mr Nelson from Shanghai, which return by the French mail. To-day was would probably be in or about three weeks' fixed on because the case was originally The time. That was three weeks ago to-day. before the Court on a Wednesday. Mr Nelson will be down here to-night by the French mail, it was known too, generally Oras, and I have to ask for an adjournment arrived on a Wednesday. It was adjourned till Friday.
for a week first because, as the Magistrate
The Magistrate: I have already given my said, he had no power to remand a case in opinion on this point. I said when the case that stage for more than seven days. When, was last before us, and I have it noted when on the case being again brought forward, it it first occupied the attention of the Court, assumed another form, His Worship ad- that it was agreed that it should be adjourned it for a fortnight for the simple journed from time to time until Mr Nelson reason that Mr Nelson could not be looked returns, in about three weeks' time.
for under the original arrangement before that time and the French nail would be about due on the date named.
Mr Johnson: That is so, your Worship. It was remanded till Mr Nelson's return, which it was stated would be about three weeks' time.
The Magistrate: You shall certainly have the adjournment you ask for, for two or Mr Brereton: It was remanded till that three days, but I do not see my way to let day three weeks, or rather from a fortnight the case bang over much longer. The note from the date when it was last before the I have is that "the case, it is agreed, stands Court. That is to-day. This is the first adjourned until Mr Nelson's return, which time the word "about has ever been used. will be in about three weeks' time, the case I never heard of this agreement to wait till to be adjourned from week to week." When, Mr Nelson returned, whenever that might instead of being adjourned twice for a week, be. I certainly never agreed, never could it was adjourned once and for all for a fort- have agreed, to anything of the kind. night, the same understanding remained in never heard of a remand in vague terms of force.
that surt. The case was adjourned for a Mr Brereton: That was not my under- fortnight on the 7th April. It comes on standing at all. There never was a single now for hearing; the prosecutor is not here, word said about the French mail or any- and considering the nature of the charge and thing of the sort. The case was simply the absence of the complainant, I ask for the adjourned for a fortnight, on the 7th in- summons to be dismissed.
stant. This is the 21st. The prosecutor is I usk that the summons be dis- not here. missed. Mr Nelson should have made it his business to be down here three days ago.
The Magistrate: I must say that I should not be inclined to go much beyond the three weeks. If the case is not to be heard very soon, the summons should be dismissed.
Mr Johnson: Mr Nelson will be here to- night if the Oxus comes in.
The Magistrate: I can only decide on this point as 1 decided before, that no precise date was fixed, that it was agreed
The Magistrate: Then you can have it that the case should be remanded from to-morrow if you like.
time to time until Mr Nelson's return in
Mr Johnson: I have asked for a remand about three weeks' time from the 31st ult. till Friday, which would be more suitable. I am now informed that Mr Nelson will be
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