CO129-192 - Governor Hennessy - 1881 [1-4] — Page 424

...

416

( 38 )

跚

Pitman's business, even if it were in his speech having been made with reference to power, to do so in this formal method; the Mr Pitman, and the speech befug question was a public one, under what cir-irritating as it was, to say the least of it, cumstances then had this arison? In whether Mr Pitman was justified, whether what way were they prepared to defeud he had not a right to address on the subject, themselves from the present charge ? This Mr Jackson, the travelling inspector of the was a letter written to Mr Jackson, Mr Bank, the matter of the public conduct of Nelson's superior officer, as Mr Nelson Mr Nelson, being a matter in which he Mr himself told them, an Iospector of the Jackson was to the utmost interested, in Bank here, with the right, title, and au- which it would be his duty, anything being thority to enquire into on behalf of the exposed to him which was irregular, to find directors everything in fact connected fault with Mr Nelson, to reprimand bim as with the management of the Bank here, the severity of the irregularity called for, or with, he had no doubt, and he believed as he had said, even to suspend him. That they would also understand, not only full this was simply a complaint, pure and power to report, but it is plainly declared simple and privileged, which was one of the his duty to report to the directors grounds on which he intended to rely. It and even to suspend Mr Nelson, therefore was simply a complaint made by Mr Pitman, a person to whom such a complaint could who rightly or wrongly considered himself lawfully and properly be made, a person aggrieved, a person who had the right

who bad an interest in the subject matter, and duty to enquire into the matter, and who could investigate the matter in the should the facts warrant, to reprimand manner he thought most advisable while Mr Nelson. With reference to the second he was hore on the spot, who was the portion of the letter, he would submit that only individual here who could do anythe public conduct of Mr Nelson, as taking thing, who was fully empowered to do part in the public affairs of the Colony, was whatever he thought fit to right what he as open to comment in the same way and found wrong.

ft could not be thought la the same degree, as Mr Nelson was at for a moment, whether it was in Mr Jack-liberty to adopt and to advance any opiniou son's power or not to suspend Mr Nelson, he thought fit on a public occasion on H.E. that it was not his interest to know the the Governor. The moment Mr Nelson facts alleged in this letter, so that he came forward as a public man and ex- could have taken whatever steps he might pressed himself by his acts or words as have thought it to put these matters opposed to the polisy of HL E. the Go- right. This letter was not a communica- vernor, that same moment, he would sub- tion made to the public papers or to any mit to the Court, did Mr Nelson submit to person not interested in looking into the lay himself open to the public comment of matters there referred to, but it was a every man in this Colony or elsewhere, letter addressed to the one person to and invite criticiem apon bis public whom such a letter could be addressed, acts

and sayings; that Fame mo- to the one person authorised to make, or ment every man became entitled In primarily qualified to ask the Directors the same proportion to express his assent to, to make, such enquiry as seemed to the or dissent from Mr Nelson's views, his writer of this letter to be advisable in the opinions as to the wisdom or unwisdom, interests of the Bank. The letter which propriety or impropriaty, of so differing from contained the alleged libel bad first by the Governor. Putting himself forward as himself be belleved, been divided into three & public man, like every public man who or four parts, which division, he observed, puts himself forward in political or other his learned friend followed. He would deal matters, he invited criticism of his public with it now on the same lines. He sub acts and speeches, it was to the interest of mitted the 1st and 2ad paragraphs which the public that all public acts and speeches referred to a speech Mr Naison had made should be justified and discussed, and no In the Chamber of Commerce; they had question had been raised as to the words heard it read. In that speech, in every used in that criticism. With reference to sentence of it, as Mr Nelson had told them Mr Nelson's speech in the Chamber of in the witness box, he referred to Mr Pit Commerce, and with reference to his whole man. They had heard that document read conduct as a public man, these were matters and they would return to it again; but he open not only to Mr Pitman but to any would respectfully submit to his Lordship person here. It was open to any one to have certain authorities and he would ask him to discussed them in the public press of the direct the jury on the question of that Colony. He would ask his Lordship to speech, whether that speech was or was not instruct the jury whether the first part all Mr Pitman believed it to be, still, that of that letter would not have been a

( 39 )

reasonable, proper, and fair criticism of Me Government,-Why were these references Nelson's speech in the Chamber of Com-made that he had mentioned? It was an merce? The subject treated of in these attempt to work on the prejudice known to two first paragraphs was one open for exist against the Governor." Why refer to public discussion, and if a letter written "a gentleman well-known,” “aù intimate by any man to the public press was friend of the Governor," and "mixed up justifiable and proper, it could not be said with the Optum Farm and several other that a letter written by a public man who matters," "in the employ of the Japanese had been attacked by Mr Nelson, and ad- Government" and so on, aave to utilise to dressed to a person intimately interested in the utmost the prejudice existing against the the matter, and from whom some reasonable Governor, and through bim against Mr redreas might have been obtained, he being Pitman as a friend of his, and to prejudice empowered to visit any irregularity with those who heard him further against them, more punishment, however slight, came and against the proposal with which the under the same privilege with reference speaker alleged Mr Fitmax to be concerned, to that speech in the Chamber of Com the legalisation of the yen, a question merce, Incorporated now in the body of which should have been discussed as he this letter, he would ask their careful at- bad said without reference to such diffər- tention to what it contained and he woul! ences and prejudice. What was the effect ask them in considering it, to bear in mind of these references on those who beard what the history of this colony had been them and on those who read the report in for the last three years, so that they might the newspapers Any one who read the fairly consider what meaning they were to account published of the meeting could not pat upon these words. Mr Nelson was fail to see that that was a deliberate attack discussing in the Chamber of Commerce upon Mr Pitman by Mr Nelson. Whether whether the Japanese yen should be legs well-founded or ill founded there they had lised as legal tender for this Colony, an attack made publicly on Mr Pitman by perfectly proper question for the Chamber Mr Nelson, in his place in the Chamber of to disones, and a perfectly proper question Commerce. He would submit to his Lord- for Mr Nelson as a member of the Chamber ship on the authority of the case of Laugh- of Commerce representing the Chartered tou a, Sodor and Man, to which he would Mercantile Bank to discuss. Mr Nelson more particularly refer by and by, that knew, as they all knew, as they, the jury- Mr Pitman, writing in self-defence and in men must know, that there was a certain reply and disproof of an attack made amount of prejudice against His Excellenoy publicly on him by Mr Nelson, would have the Governor of this Colony. In that pre-been justified tu characterising in the judice, because of his intimacy with H.E. public prints next day, the speech of Mr the Governor, Mr Pitman shared; so much Nelson as false and slanderous, and if that so that he had been made the subject, were admitted, then much more was he In the newspapers of this Colony of as much justified in, not discussing the matter if not greater abuse than any man now through the columns of a newspaper an ho living In the East. Mr Pitman was was entitled to do, but addressing in a charged in the columus of one of the local private and confidential manner only one newspapers with practically swindling theînan, he being Mr Nelson's superior, Opium Farmer of a large amount of qualified and entitled to look thoroughly money; it was represented that the into the conduct of Mr Nelson in the Opium Farmer was anxious to have Mr matter, and act as he thought fit on what Pitman back again in the Colony so that be discovered on enquiry,

proceedings could be taken against him; The Chief Justice pointed out that in why should any one in that Chamber of Com the Manx case the Bishop was not only merce have thought of introducing a refer- justified in using strong languare in his ence to Mr Pitman such as Mr Nelson had own defence but was justified even when used ↑ Why was Mr Pitman dragged into he became abusive.

the matter at all? Or if he had, for Mr Francis agreed. The Bishop used a purpose to be referred to, why was much stronger language than Mr Pitman he not warned? Why attempt to iden had used in his letter. Mr Laughton, a tify him by these covert allusiona ? barrister, had made certain statements Why instead of discussing legitimately the affecting bis Lordship before the Keys, the legitimate question of the legalisation of Parliament of the Isle of Man, and the the Japanese yen 躁 currency here, Bishop in convocation had dess ibəd whether it was a good coin and whether his assertions as false and slanderous state- the Colony could confidently depend upon ments, and had referred to Mr Laughton ita purity being upheld by the Japanese as a calumniator and a wicked man. He

بارک