( 26 )
arising from the said office, that defendant Chamber of Commerce) "about the friend- did, to wit on the 29th day of March A.D. ship with which His Excellency the Go- 1880, unlawfully, wickedly and maliciously vernor has honoured me for the last fifteen write and publish and cause and procure to years" (meaning that His Excellency Sir be written and published in the form of a John Pope Hennessy has honoured the said letter to the said William Jackson, a certain John Pitman with his friendship for the last fifteen years).
libel of and concerning the said Horace Further I would suggest that, having Harrington Nelson and of and concerning regard to Mr Nelson's public position as him in his said office and of his conduct one of your staff, some enquiry should be and character in relation thereto according to the tenor and effect following, that is to say:
"18, Peddar's Hill, "Hongkong, Mar. 28, 1880. "William Jackson, Esq.,
Assistant Chief Manager, "Secretary, &c., &c., &c.,
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 Heaton's) embarrassments about a year ago (thereby meaning that the said Horace Harrington Nelson had corruptly, dishonestly or otherwise improperly obtained a transfer of certain shares from one Alexander M'Glasban 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.)
Chartered Mercantile Bank of India, &c., &c., ***FI8,---I have awaited your arrival to bring to your notice, for the information of the board of Directors in London, the conduct of your manager here, Mr Nelson," (meaning the said Horace Harrington Nelson) "who, without any provocation or
"It may indeed be doubted whether Mr reason, thought proper, at a meeting of the Hongkong Chamber of Commerce, on the Nelson as a regular trafficker in shares and 23rd ultimo, to indulge in a false and other concerns is able to devote that un-slanderous attack upon me, coupled with divided attention to the interests of the Bank which its shareholders expect, and whether such occupation is within the (meaning His Excellency Sir John Pope legitimate sphere of action of a Manager of 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.
the said Horace Harrington Nelson traded Chartered Bank" (thereby meaning that or trafficked so largely and regularly in shares or other concerns as to cause him to neglect the interests of the said Banking Company confided to his care as such Manager as aforesaid and that the same were and had been injuriously affected.)
"I should not have been disposed to 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 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
"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."
"To the great scandal and infamy of the said Horace Harrington Nelson, to the evil example of all others in like cases offending, and against the peace of our Sovereign Lady the Queen, her Crown and Dignity."
COUNSEL FOR THE PROSECUTION OPENS THE CASE.
( 27 )
Mr Hayllar, in opening, said the jury had heard from the Chief Justice in the same case what had taken place in the preliminary proceedings. There had not been what might be called a preliminary skirmish that had created a very considerable amount of interest and possibly some excitement. But in this Court, they had nothing to do with that; all that they asked in this Court was a fair, calm and impartial and patient hearing. In this Court, all desired to have no prejudice or passion introduced; it would not be introduced by him and he was sure it would not be introduced by his learned friend. The matter was one of great public interest, but the public interest it raised was to be found within the four corners of the document he had now to lay before the jury. With these preliminary remarks, he came now to another aspect of the case.
There were two ways in which a man who believed himself to be libelled, that is who had injurious aspersions cast upon his character in writing, might vindicate it and seek a remedy against the writer of the libel who had injured him. He might come before a jury claiming damages for the injuries sustained or he might seek to vindicate his character by the more public proceeding of a criminal prosecution under a certain Ordinance of this Colony: these two courses had been open to Mr Nelson as to every gentleman against another. He has chosen the latter.
The present was one of a libel upon a man in his trade, employment or profession, a libel aimed at the business by which that man earned his livelihood. It was, he thought, a very grave kind of libel that might be committed by one man against another. Everything aimed at the source of a man's living was peculiarly obnoxious to the law; the law would be laid down more fully by his Lordship, who he believed would instruct them, as he now suggested to them, that such a libel as this against a man's business and profession was one of the very gravest offences one man could commit against another either publicly or privately.
The inducement or colloquium to this information just read was that Mr Nelson was the manager of a bank; he was in a position of responsibility and trust; he was in a position of sole responsibility and trust; the sole and responsible agent out here in the East, answerable only to the Inspector who comes round, and finally to his Board of Directors in London. Mr Nelson therefore occupied a position which one might call peculiarly sensitive, because it was natural persons at home, or far away, not being able to know exactly all the particular colouring which might be given to the man's actions. Libel was, the learned counsel went on to say, a written slander. The difference between libel and slander in its effect was great. Slanderous words were generally spoken in haste and heat, and the law, in its somewhat tenderness of spoken words, had laid it down that slanderous words, except of a certain very malignant kind, were not actionable, still less open to prosecution by private individuals at any rate, unless they were followed by some special damage, that was pecuniary damage. Libel stood on a different footing. Libel was, as defined over and over again in the books, written, printed, or painted or otherwise engraved or delineated matter calculated to bring any one into hatred, contempt, or ridicule.
There were, they might imagine, a great many forms of libel; there was the blasphemous libel, or those against the throne, and a dozen others which the learned Counsel enumerated. The reason, he thought, might be found, in the document which they alleged to be a libel, because therein, several times, Mr Nelson's unworthy public acts were referred to, his bitter, active and ceaseless hostility to the Governor of the Colony; he was referred to as having committed unworthy public acts; and it seemed to him (Mr Hayllar) to be an excessively grave question which he now laid before them, and one of very great importance in a Colony like this, whether any man was to take part in public life according to his solemn convictions, whatever they might be, at the risk of his public character being assailed. But the risk Mr Nelson, as appeared in what was called the inducement or colloquium to this information just read, was the manager of a bank; he was in a position of responsibility and trust; he was the sole and responsible agent out here in the East. It was a very solemn question and one that came home to all of them: they had their public proceedings canvassed, their private life assailed, their private actions dealt with, and if the innuendoes they had inserted in the letter were correct, the innuendoes they were asked by the prosecution to accept as the reasonable reading of the words in the letter themselves, then they were charged with having done something very serious indeed.
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arising from the said office, that defendant Chamber of Commerce) "about the friend- did, to wit ou the 29th day of March A.D. ship with which His Excellency the Go- 1880, unlawfully, wickedly and maliciously vernor has honoured me for the last fifteen write and publish and canse and procure to years" (meaning that His Excellency Sir be written and published in the form of a John Pope Hennessy bas honoared the said letter to the said William Jackson, a certain John Pitman with his friendship for the falae, wicked and malicious defamatory last fifteen years).
libol of and concerning the said Horace Further I would suggest that, having Harrington Nelson and of and concerning regard to Mr Neleon's pu'lic position as him in his said office and of his conduct oue of your staff, some enquiry should be and character in relation thereto according to the tenor and effect following, that is to Bay!
*18, Peddar's Hill, "Hongkong, Mar. 28, 1880. "William Jackson. Esq.,
Assistant Chief Manager, "Secretary, &c., &c., de,
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 Hs) embarrassments about a Fear ago (thereby meaning that the said Horace Harrington Nelson had no corruptly dishonestly or otherwise improperly obtain- ed a transfer of certain shares from one Alexander M'Glasban Heaton, who had formerly carried on business as a share broker in Hongkong, bad become embar- raased in his affaire about a year before the said letser was written and bad died before the date of the said letter, that bis publie position as such manager as aforesaid had been injuriously affected.)
Chartered Mercantile Bank of India, &c., &c, ***FI8,---I have awaited your arrival to bring to your notice, for the information of the board of Directors in London, the con- duct of your manager here, Mr Nelson," (weauig the said Horace Harrington Nelson) who, without any provocation or
"It may indeed be doubted whether Mr reason, thought proper, at a meeting of the Pongkong Chamber of Commerce, on the Nelson as a regular trafficker in shares and 23rd ultimo, to indulge in a falso and other concerns is able to devote that un. slanderous attack upon me, coupled with divided attention to the interests of the Boue impertinent remarks about His Ex-Bank whleh its shareholders espect, and celloney the Governor of the Colony," whether such occupation is within the (meating His Excellency Sir John Pope legitimate sphere of action of a Manager of Hennessy, K.C.MI, &c., the present Governor of Bongkong).
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 auimus, to which friends of mine who were present are ready to testify.
the said Horace Harrington Nelson traded Chartered Bank" (thereby taeaning that or trafficked so largely and regularly in shares or other concerns as to cause him to neglect the interests of the said Banking Company confided to his caro as such Manager as aforesaid and that the same were and had been injuri usly affected.)
"I should not have been disposed to Mr Nelson is a member of the Chamrouble myself or you about Mr Nelson and ber of Commerce in virtue only of his office his affairs had it not been for his impudent s local Manager of the Chartered Mer public attack upon us at the meeting re- cantile Bank. Consequently, any unworthy ferred to, for which neither his relations to public act of his in the Chamber reflects myself nor any transaction I have ever had directly upon the Bank; and it is thus the with the Bank had given him the slightest clear right and duty of the Directors to pretext or justification, protect themselves against the discredit resulting from such conduct as that of Mr Nelson.
I think it right also that you should be made aware that Mr Nelson, (sgain in virtue of his office as your representative) has long carried on a bitter, active, and ceaseless apposition to the Governor of the Colony," (meaning His Excellency the said Sir John rope Henuess). "I cannot be-
"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 o her means for bring- ing it to the notice of your directors.
I remain, Sir, your obedient servant,
JOHN PEMAN."
"To the groat scandal and infamy of the lieve that such a policy is lu keeping with said Horace Harrington Nelson, to the evil the traditions of your Bank, but, even if it example of all others in like cases cffend were, nothing could justify his gibe in a ing, and against the peace of our Sovereign public association" (meaning the said Lady the Queer, her Crown and Dignity."
COUNSEL. FOR THE PROSECUTION OPENS THE CASE.
( 27 )
Mr Hayllar, in opening, said the jury had beard from the Chief Justice in the some
with corrupt and improper transactions only committed unworthy public aets if the of some kind er another. They had not jury were to take this letter, but they had what slight preliminary skirmish that had had private operations of a nature which he taken place that this was a case which had thought, if the jury heard the whole more created a very considerable amount of in- fully, would bring them to say that if they terest and possibly some excitement. But had been true would utterly unfit his in this Court they had nothing to do with client for the responsible position he now that, all that they asked in this Court was held. Libel was, the learned counsel went a fair, calm and impartial and patient bear-on to say a written slander. The differ- ing. In this Court all desired to have no ence between libel and slander in its effect prejudice or passion introduced; it would, was great. Slanderous words were general- not be introduced by him and he was surely spoken in haste and heat, and the law, in it would not be introduced by his learned its somewhat tenderness of spoken words, friend. The matter was one of great public had laid it down that slanderous words, ex- interest, but the public interest it raised was cept of a certain very malignant kind, were to be found within the four corners of not actionable, still less open to prosecution, the document he had now to lay before the by private individuals at any rate, unless jury. With these preliminary remarks be they are followed by some special dam- came now to another aspect of the case. age, that was pecuniary damage. Libel There were two ways in which a man who stood on a different footing. Libel was, as believed himself to be libelled, that is who defined over and over again in the books, writ- had injarious aspersione cast upon his cha-ten, printed, or painted or otherwise engra- raeter in writing, might vindicate it and seek ved or delineated matter calculated to bring a remedy against the writer of the libel who any one into hatred, contempt, or ridicule. had injured him. He might come before a There were, they might imagine, a great jury claiming damages for the injuries any forms of libel; there was the blasphe- sustained or he might seek to vindicate his mous libel, or those against the throne, and character by the more public proceeding of a dozen others which the learned Counsel a criminal prosecution under a certain Ordi- enumerated. nance of this Colony: these two courses have grave a kind as could well be committed The present was one of as been open to Mr Nelson as to every gentle-by one man in the position he is placed, and he libel upon a man in his trade, employ-
man against another, being has chosen the latter. thought, might be found, he would say was basiness by which that man earned his live- The reason, he ment or profession, a libel aimed at the found, in the document which they alleged to lihood and by which he had a right to look be a libel, because therein, several times to continne over as they had beard, Air Nelson's un-one therefore that very properly formed, he earn bis livelihood. It was worthy public acts were referred to, his bit- thought, the subject of a public prosecution. ter, active and ceaseless hostility to the Everything aimed at the source of a man's Governor of the Colony; he was referred living was peculiarly obnoxious to the law; to as having committed unworthy public the law would be laid down more fully by his ots; and it seemed to bim (Mr Hayllary Lordship, who he believed would instruct to be an excessively grave question which them, as he now suggested to them, that he now laid before them, and one of very such a libel as this against a grave importance in a Colony like this, whe- his business and profession was one of the ther any man was to take part in public very gravest offences one man could commit life according to his solemn convictions, against another either publicly or privately. whatever they might be, at of his public character being assailed. But the inducement or colloquiam to this in- risk Mr Nelson, as appeared in what was called as it seemed to him that seemed to be the formation just read, was the manager of a point they came to within the four corners bank; he was in a position of responsibility of this document. It was a very soleman and trust; he was in a position of sole re- question and one that came home to all of sponsibility and trust; the sole and respon- them: they had their public proceedings sible agent out here in the East, answerable canvassed, their private life assailed, their only to the Inspector who comes round, sod private actions had been dealt with, and if finally to his Board of Directors in London, the innuendoes they had inserted in the Mr Nelson therefore occupied a position letter were correct, the innuendoes, they were which one might call peculiarly sensitive, asked by the prosecution to accept as the because it was natural persons at home, or reasonable reading of the words in the far away, not being able to know exactly all letter themselves, then they were charged the particular colouring which might be given
the
man in
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