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reason, thought proper, at a meeting of the Hongkong Chamber of Commerce, on the 23rd ultimo, to indulge in a false and slanderous attack upon me, coupled with some impertinent remarks about His Excellency the Governor of the Colony," (meaning His Excellency Sir John Pope Hennessy, K.C.M.G., &c., the present Governor of Hongkong).
"Not only do the expressions that he made use of warrant the above description of them," (meaning thereby that they were false, slanderous and impertinent) "but they were uttered with an evident animus, to which friends of mine who were present are ready to testify.
"Mr Nelson is a member of the Chamber of Commerce in virtue only of his office as local Manager of the Chartered Mercantile Bank. Consequently, any unworthy public act of his in the Chamber reflects directly upon the Bank; and it is thus the clear right and duty of the Directors to protect themselves against the discredit resulting from such conduct as that of Mr Nelson.
"I should not have been disposed to trouble myself or you about Mr Nelson and his affairs had it not been for his impudent public attack upon me at the meeting referred to, for which neither his relations to myself nor any transaction I have ever had with the Bank had given him the slightest pretext or justification.
Under the circumstances I have no alternative but to lay this complaint before you,
"I trust you will at once give it the attention it demands and spare me the necessity of taking other means for bringing it to the notice of your directors,
"I remain, Sir, your obedient servant,
JOHN PITMAN."
"I think it right also that you should be made aware that Mr Nelson, (again in virtue of his office as your representative) has long carried on a bitter, active, and ceaseless opposition to the Governor of the Colony," (meaning His Excellency the said Sir John Pope Hennessy), "I cannot believe that such a policy is in keeping with the traditions of your Bank, but, even if it were, nothing could justify his gibe in a public association" (meaning the said Chamber of Commerce) "about the friendship with which His Excellency the Governor has honoured me for the last fifteen years" (meaning that His Excellency Sir John Pope Hennessy has honoured the said John Pitman with his friendship for the last fifteen years).
"Further I would suggest that, having regard to Mr Nelson's public position as one of your staff, some enquiry should be made into the circumstances under which he became possessed of a transfer of certain shares from the late Mr Heaton on the eve of his (Mr H.'s) embarrassments about a year ago" (thereby meaning that the said Horace Harrington Nelson had so corruptly, dishonestly or otherwise improperly obtained a transfer of certain shares from one Alexander M'Glashan Heaton who had formerly carried on business as a share broker in Hongkong, had become embarrassed in his affairs about a year before the said letter was written and had died before the date of the said letter, that his public position as such manager as aforesaid had been injuriously affected.)
Mr Francis: I appear for the defendant and will plead not guilty only.
The Chief Justice: You plead not guilty?
Mr Francis: Not guilty only.
The Chief Justice: Only?
Mr Francis: Only; not guilty.
The Chief Justice: Only not guilty?
Mr Francis: Only not guilty, my Lord.
The Chief Justice: O very well. There is nothing now more to be done. The trial was fixed for Tuesday. That was done because of the understanding that you would enter special pleas which would have to be answered.
Mr Francis: I am quite ready to take it to-morrow.
The Chief Justice: Better let it lie over till Tuesday. Better have some little delay, then not so much fighting. The case is fixed for Tuesday next, and that I do not alter unless there is a special application made to me.
Hearing adjourned till Tuesday next, the 8th instant.
Tuesday, June 8,
MOTION FOR POSTPONEMENT,
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Before the case was called Mr Hayllar for the defendant moved for a postponement of the trial on an affidavit before His Lordship and on another set of circumstances that had just come before his notice.
Mr W. H. E. Dunn was then called, and the Counsel for the defence relieving him from his subpoena he was allowed to sit.
By consent of both Counsel Dulcineo Alemão, a young Portuguese lad, was released from the box and J. Ritchie was called. He had left the Colony. Mr Maclehose took his place.
Mr Hayllar remarked that there was no justification for any statement that Mr Cohen had formed any opinion on the case.
The jury thus formed stood: Messrs W. Scott, W. Detmers, T. N. Driscoll, G. Ferguson, G. Chape, J. E. Maclehose, and W. E. H. Dunn.
THE CHARGE AND INFORMATION
The information we give at length; it was as follows:-
"At the General Criminal Sessions of the Supreme Court held at Victoria for the month of May, 1880; the Court is informed by the Attorney General on behalf of our Sovereign Lady the Queen that Horace Harrington Nelson at the time of publishing the false, scandalous, malicious and defamatory libel hereafter mentioned was and still is the Manager of a certain Incorporated Banking Company carrying on business under the direction and under the control of a Board of Directors in London under the style of the Chartered Mercantile Bank of India London and China, and having a branch establishment or office amongst other places at Victoria aforesaid whereat the said Horace Harrington Nelson at the time aforesaid and long before held and still holds the office or post, conducted and still conducts the duties of manager;
and that also before and at the aforesaid time one William Jackson was and still is the Acting Chief Manager and Travelling Inspector of the said Banking Company and was inspecting the said Branch office of the said Company in Victoria aforesaid; and that John Pitman, contriving and wickedly, maliciously and unlawfully intending to aggrieve and villify the said Horace Harrington Nelson and to injure him in his good name and fame and in his office or post of Manager of the said Branch establishment of the said Company at Victoria aforesaid and to bring him into scandal, infamy and disgrace with the said William Jackson, and the said Board of Directors, and to cause him to be esteemed and taken to be, by the said William Jackson and the said Board of Directors, a false, scandalous, mischievous, impertinent, corrupt and negligent person and one not fit to be employed by the said Banking Company as such Manager as aforesaid, and to deprive him of the emoluments...
The Chief Justice read the names of those subpoenaed Mr Cohen, Mr Glover, Mr Mackintosh, Mr Cook, Mr W. E. Dunn, Mr Ritchie—and remarked that it was a sure mode of excluding good men from the Jury.
Mr Francis said Mr Cook of the Hongkong and Shanghai Bank had been told that this service would not be required as a witness.
In reply to the Chief Justice, who asked whether Mr Francis required these papers, Mr Francis said it depended entirely on the line the prosecution took. He explained that, as the strongest possible proof of malice in a libel lay in proving the falsity of the libel, it would be open for Counsel for the prosecution to endeavour to prove such falsity. He was prepared to rebut such evidence and to show that the statements in the alleged libel were true in fact; in that case he would have to call for the production of these books &c.
After some conversation Mr Hayllar said he did not intend to call evidence to prove the falsity of the alleged libel; he did not see that he could.
Mr Francis: With that assurance I am quite satisfied to go on with case.
Mr Hayllar alluded again to the very awkward fact of so many of the jurors being called as witnesses. However a juror could give evidence,
The Chief Justice quite agreed that Mr Cohen might have preconceived opinions on many subjects,
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reason, thought proper, at a meeting of the Nelson as a regular trafficker in shares and Hongkong Chamber of Commerce, on the other concerns is able to devote that un- 23rd nitimo, to indulge in a false and divided attention to the interests of the slanderous attack upon me, coupled with Bank which ita shareholders expect, and some impertinent remarks about His Ex- whether such occupation is within the cellency the Governor of the Colony," legitimate sphere of action of a Manager of (meaning His Excellency Sir John Pope a Chartered Bank" (thereby meaning that Hennessy, K.C.M.G., &c., Co., the present the said Horace Harrington Nelson traded Governor of Hongkong).
or trafficked so largely and regularly in "Not only do the expressions that he shares or other concerns as to canse him to made use of warrant the above description neglect the interests of the said Banking of thom," (meaning thereby that they were Company confided to his oare as such false, slanderous and impertinent) "but they Manager as aforesaid and that the same were uttered with an evident animus, to were and had been injuriously affected.) which friends of mine who were present are ready to testify.
"Mr Nelson is a member of the Chamber of Commerce in virtue only of his office as local Manager of the Chartered Mercantile Bank. Consequently, any unworthy publio act of his in the Chamber reflects directly upon the Baak; and it is thus the clear right and duty of the Directors to protect them- selves against the discredit resalting from such conduct as that of Mr Nelson.
"I should not have been disposed to trouble myself or you about Mr Nolson and his affairs had it not been for his impudent public attack upon me at the meeting re- ferred to, for which neither his relations to myself nor any transaction I have ever had with the Bank had given him the slightest pretext or justification.
Under the circumstances I have no alternative but to lay this complaint before
you,
"I trust you will at once give it the attention it demands and spare me the necessity of taking other means for bringing it to the notice of your directors,
"I remain, Sir, your obedient servant,
JOHN PITMAN."
."1 think it right also that you should be made aware that Mr Nelson, (agaiu in virtus of his office as your representative) has long carried on a bitter, active, and ceaseless op- position to the Governor of the Colony," (meaning His Excellency the said Sir John Pope Hennessy), "I cannot believe that such a policy is in keeping with the tradi- said Horace Harrington Nelson, to the evil To the great scandal and infamy of the tions of your Bank, but, even if it were, example of all others in like cases offending, nothing could justify his gibe in a public and against the peace of our Sovereign association" (meaning the said Chamber of Lady the Queen, her Crown and Dignity, Commerce) about the friendship with-How say you? Are you guilty or not. which His Excellency the Governor has guilty? honoured me for the last Afteen years" į (meaning that His Excellency Sir John Pope Hennessy has honoured the said John Pit- mau with his friendship for the last fifteen years).
"Further I would suggest that, having regard to Mr Nelson's public position as one of your staff, some enquiry should be made into the circumstances under which he became possessed of a transfer of certain shares from the late Mr Heaton on the eve of his (Mr H.'s) embarrassments about a year ago" (thereby meaning that the said Horace Harrington Nelson had so corruptly, dishonestly or otherwise improperly obtained a transfer of certain shares from one AI- exander M'Glashan Heaton who had for- merly carried on business as a share broker in Hongkong, had become embarrassed in his affairs about a year before the said letter was written and had died before the date of the said letter, that his publio position as such manager as aforesaid had been injuri ously affected.)
"It may indeed be doubted whether Mr
Mr Francis: I appear for the defendant
and will plead not guilty only.
The Chief Justice: You plead not guilty ?
Mr Franois: Not guilty only.
The Chief Justine Only?
Mr Francis: Only; not guilty.
The Chief Justice: Only not guilty?
Mr Francis: Only not guilty, my Lord. The Chief Justice: O very well. There is nothing now more to be done. The trial was fixed for Tuesday. That was done be- cause of the understanding that you would enter special pleas which would have to be answered.
Mr Francis: I am quite ready to take it to-morrow.
The Chief Justice: Better let it lie over till Tuesday. Better have some little delay, then not so much fighting. The case is fixed for Tuesday next, and that I do not alter unless there is a special application made to me.
Hearing adjourned till Tuesday next, the 8th instant.
Tuesday, June 8,
MOTION FOR POSTPONEMENT,
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Mr Cohen therefore left the box, re- marking that there was no justification for any statement that he had formed any Before the case was called Mr Hayllar opinion on the vase. for the defendant moved for a postpone-
Mr W. H. E. Dunn was then called, and ment of the trial on an affidavit before His the Counsel for the defence relieving him Lordship and on another set of circumstances from his subpoena he was allowed to sit, that had just come before his notice. By consent of both Counsel Dulcineo They were served with a notice last nightalled from the box and J. Ritchie war Alemão, a young Portuguese lad, was re- requiring them to produce a large number
of documents, books, cheque-books, &c., called. He had left the Colony. Mr Mac- which put an entirely different aspect on lebose took his place. the case, and these books could not be. brought here in time. Again, some five or six of the jury were summoned as witnesses, and he thought it would be unfair now to try the case with the present panel.
The jury thus formedhstood: Messrs W. Scott, W. Detmers, T. N. Driscoll, G. Ferguson, G. Chape, J. EL Maciehose, and W. E. H. Dann.
THE CHARGE AND INFORMATION The information we give at length; it was as follows:-
"At the General Criminal Sessions of the Supreme Court held at Victoria for the month of May, 1880; the Court is informed by the Attorney General on behalf of our Harrington Nelson a the time of publishing Sovereign Lady the Queen that Horace
The Chief Justice read the names of those subpoenaed Mr Coben, Mr Glover, Mr Mackintosh, Mr Cook, Mr W. E. Dunn, Mr Ritchie-and remarked that it was a sure mode of excluding good men from the Jury.
Mr Francis sald Mr Cook of the Hong: kong and Shanghal Bank bad been told that this services would not be required as a witness.
In reply to the Chief Justice, who asked all is in the service of a certain Incorpor whether Mr Francis required these papers,ness under the direction and under the ated Banking Company carrying on busi- Mr Francia said it depended entirely on
the false, scandalous, malicious and defa- matory libel hereafter mentioned was and
time
the line the prosecution took. He after control of a Board of Directors in London explained that, as the strongest possible under the style of the Chartered Mercantile proof of malice in a libel lay in proving the Bank of India London and China, and falsity of the libel, it would be open for having a branch establishment or office Counsel for the prosecution to ondeavour amongst other places at Victoria aforesaid to prove such falsity. He was prepared to whereat the said Horace Barrington Nelson rebut such evidence and to show that the at the time aforesaid and long before held statements in the alleged libel were true in and still holds the office or post, conducted fact; in that case he would have to call for and still conducts the duties of manager; the production of these books &c.
and that also before and at the After some conversation Mr Hayllar saldaforesaid one William Jackson was and he did not intend to call evidence to prove still is the Acting Chief Manager and the falsity of the alleged libel ;the did not Travelling Inspector of the said Banking Company and was inspecting the said Branch office of the said Company in Victoria aforesaid; and that John Pitman, contriving and wickedly, maliciously and unlawfully intending to aggrieve and villify the said Horace Harrington Nelson and to injure him in his good name and fame and in his office or post of Manager of the aaid Branch establishment of the maid The jurors were then called, in the Company at Victoria aforesaid and to bring following order Mesara W. L. Scott, W. him into scandal, infamy and disgrane with Detmers, T. N. Driscoll, G, Ferguson, G. the said William Jackson, and thesaid Board Chape, D. Alemao and C. C. Cohen. of Directors, and to cause him to be esteem-
see that he could.
Mr Francia: With that assurance I am quite satisfied to go on with case.
Mr Hayllar alluded again to the very awkward fact of so many of the jurors being called as witnesses. However a juror could give evidence,
THE JURY.
Mr Francis explained that Mr Cohen was ed and taken to be, by the said William one of the witnesses; besides he had been Jackson and the said Board of Directors, a mixed up with the affairs of Mr Heaton false, scandalous, mischievous, imperti- referred to in this case.
nent, corrupt and negligent person and one not fit to be employed by the said Banking Company as such Manager as aforesaid, and to deprive him of the emolumenta
The Chief Justice quite agread that he might have preconceived opinions on many subjects,
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