1880-06-09 — Page 2

NOW ON SALE

THE DAILY PRESS, WEDNESDAY, JUNE 9TH, 1880.

THE CHRONICLE AND DIRECTORY sen by a quarrel. Their metal intent therents alias Oro, and a greation holders tigent, and bether such bebington

FOR CHINA, JAPAN, &

For1880

EIGHTEENTH YEAR

Diretory and as a Work of Referenen en Com morcist Matters".

ference.

the ouse takes

-

permanent advantage of neither could be His Lambship said it was perfectly olear that His Lordship and if Mr. Dong were under a us the daty of proving gertain things. In the ment, where a lady was ecllad o frozen snake. It to the Intersags of the Bank which he share. to admit would bategalut in Mr. Hayllar would in, box, but it was now withdrawn. Was there any tion. Now, geatlemen, with reference to that was whether the jury osuld possibly take within the legitimante sphere of antion" of "s tie rather in the formation of an alliance fast be regular 26 mastia fortlari, bo wore regular objection to the jury unwind I will shortly explain that the pablication of into consideration à fable or allegory, and it Manager of a Chartered Banks? Thu!, of course agrunst Aggression, and the only power ta griminal matters. He did not know whathenilo Both parties, joined fuan application to have any document is its going into the hands really gave rise to a great deal more learned is just the Bamo on asserting he is a régular

nfidatit tout far enough to show the prososution Mr. Alemay withdrawn

of any body but the person to whom it argument thas apparently the apession required, trafloker in shares. It is put in the form of in- With which is incorporated "They really have to fear is Itussia, whose terris were not prepared with these materials. Did Mr. J. Maclohess was then called, and therefore. It is a publication to send it to any bat but after a great fear of argument it was clearly direct narration, so to speak. Then we put this |sory hhuts both on the Chinese and Japanese Mr. Faylar ask the court now to say whether er jury so worn wore W. L. Seelt, W. that parson, except perhaps a man's wife, decided that to eat a porian a frozen, soalto is inrendo upon it - Thoroby mantay that the DIRETORY").

froutiers, Momotar, Russia is already not these ware matters going is justiteation and Detmers, T..N. Driscoll, O. Fargason, G. Chapo, but that is not for consideration hore for praaibellous. I merely use this as an illustration to said Horaso Harrington Nelson traded or

whether they could be evidezoo at all-whother W. E. H. Dutin, and J. II. Maolohose

tial purpose its going into the handle of a show that you cannot conceal yourselves from traffoked so largely and regularly in shares or This Werk, the ONLY one of the kind in Chins shown her hand to both, by wresting a slice of the prazdention was bound to bring the booke The Registrar then road the indictment, which thed pafoon is a publication of the Bibel. In the strong and long arm of the law by hiding other concerns se to make him to neglect the

or Japan, is now in the

Manchuris from the one, and taking Sagha Into Court?

set out the lafter written by the defondant, and this enss the publication appears to have deer in your real maining under allegorical or sarcastical. Inserests of thể sốki Banking Company confided lien from the other. It is stile that the latter that point cows the time would be when they

Mr. Hayllar--I doubt whether I could bring which basetrondy been published, og de its being rådressed and seof to Dr. Jackson, expressions. The frozen snake, of cuma, as avery to his varnas sanh Manager na aforand and that in its cristenos, and is Now READY for ALwas gained, by an exchange, but it was a tendered,

Mr. Hayllar May at plaise you, my Lord, the Inspector of the bank and ons of the directors, one knows, nitudes, to the fabla of the ønske tliat tba sama ware and had head injuriously affectað "** antal gentlemen of the jury, at you have heard from who was out here. Then it entails upon on the was warmed by the fire and when it was warmed Now, genomen. I don't think that can be enllad It has been compiled from the Moer ACTIEN bargain similar to that made often at school! His Lordship--Then you may you are not pre- the preliminary skinnish in this case, an express inty of proving that the person who appears to have bit the hand of the person who played in there, false constractions in point of fact. I think ria Sources, and no pains have been pural to between a big boy and a little one, which is per now for

sion which haa zightly fallen from bis Ford written the latter is the person who wrote it- and it was implying a great deal in one exit bears no other penstruation. The word traf rander. it TuoROUGHLY RELIABLE, both Ba

Mr, Høyllar-Corástoly,

ship, thile a case whinh has canied a great the actual publication of the libel by the pornoa pression. It was held to be a libel bewuse it fjoker may of course mean a person trafficking asually of a compulsory character, and to the

His Tardship, (to Mr. Framis)-Do you re amout of interest and possibly of oroite, who is on his trial. Thou there is a third thing was a very summon fable which the who properly, but if it is intended to injure, it is a advantage of the representative of physical quire these papera so the trial!

ment, but with that, gentlemen, in thin, which we have to prore, and that in that tho wrote it and those who read if would equally skilfully selected word to import som sthing more. Mr. Fiziola-How can I tell, my lord ? soort we bave nothing whatever to do, libel jtuslf is a libel... Will sugard to that, the muderiand." Thist remark would apply to ous than fair traffic. I don't say it naonenarily done, force. It is hardly credible that the Japanese Various adlitious have been made, tending to Government, bearing in mind this mapro-qnostion.

His Lordship →I am not going to answer that All we nuk for here is a cabo, impartial, and law kas shifted a good deal, as to why is the or two portions of this letter, to which I will begause words are so large and varied in their A patient bearing. We do not ask for the intre tribunal—the jury on the judges—to doolde whe- ogll your attention, but I must say it won't meanings that they necessarily import diferent render the Work still more valuable forfitable oxchange, would allow themselves Mr. Francis-I am putting it as en argumen: daction is not allowed in this Court of pre- ther any given publication is a libel or not apply to many of the allogations, because there things to different minds. The word trafoker

The decriptions of 215h Put have to be grade 2 catspair of by Russin, to their tativa question. I cannot toll fill I see the line indios of passion. I was sure it will not he is. When libels chiefly took the form of polition is no doubt the doonment is very straight, up ma- ment a fair trafficker, but you don't gone troduced by me;' I am entally sure it will not prasssutions, the judges in those days struggled, and down, hard-hitting lettor. The writer of raily sall people who deal fairly trattokern, Bean carefully revised and the trad Mtatistion brought down to the latest datas obtainable possible future detriment. If war does His Lordship-If you want them it is ir be intrexiuned by my friend. The matter is one very hard to keep the power in the own hauds to this published deonment seems to have weighed The word hing got a sort of ittances, and is of publis interost, rant publie interest. The direct the jury; the jury therefore were the more with the utmost deliberation every word, using put down in Webster's Dictionary as some- The Work is embellished with the following sue between Russia and Chins, it would be possible for the cues to go on to-day.

Mr. Francis I don't know that Mr. Haylar, public interest that it raises is to be found within a monthpisos el any judge to say whether this was the most temperate words where they would thing man" or compromising in the way more natural of the ton for Japan to esponse can ask for a postpasment.

the four porners of the dormant which I shall ia liked or not. That formad a long struggle, noît and using very strong expressions where of desling. Standing by itself it may not be Flans and Mana-Chrome-lithograp Plans of the cause of China than that of Russia, but His Lordship-It is not a question of saking bars the honour presently of laying before gap. and it eventually, after a good many conflicting they were essential. The letter in dated from. Libeilons, but the inslunetion is conveyed that VICTORIA, Hongkong, of CANTON, the Fshe would, we feel convinced, romein strictly take on nyusif the responsibility of directing With these proliminary remarks, I smo to decisions which eat each other downHko psay " Peddar's Hill Hourkong, March 19th, Mr. Nelson cannot and does not attend to his when I am told justise osanot he dous, - another aspaot of the caso, and that is thin, dasas in our couple between arbitrary power 1890," and 11 18 addressed to this gestionan, work I have already explained—it is not worth REIGN SETTLELENTS at SHANGHAI neutral, being naturally averse to be drawn Mr. Funcle I don't know that your Lord There are two ways in which any geatleman, Thoned the votes of the people, it was decided by Wiliam Jaotisch, Esq. Adeisisht Chief Maas while going over the ground again-thes air. a Chlowo-lithograp's Plato of the COE of into a conflict in which she has no immediate ship has been told justice cannot be dons, be conceives himself to be filled, to have jurious statate, which I masă tot nall before you. It is gea, Sappey, de... Chattarid Mariana Nelson is accupying such a position of trust that SIGNALS in most VICTORIA FEAR Bern. But Japan's neutrality would cert sunset for the prosecuting he does that is to say, may prossed to vindleata it. He jury to flauide whether any giran libal 18 a the document as yon sen

cause it will depend satirely on my learned aspersions in writing cast upon his character; now so clear it needs no argument, it is for the tile Bank of Todie, &c., to." It is a formal if he were to horlect the interenca of the Bankc Maps of the COAST of CHINA und HONG-

And I beglos—“Sie, he kar change, of tó aítanil to his own coucarne. suicly not be due to “the mingled awe and not appar for the Crown-whither these papara may either come before a jury claiming damages or not, and the function of the judge is confusd. I have awaited your arrival," and -hare is the not very hopost concerns--bis own sharedeal- кома..

Our dofones is "not for the injury he has sustained, or he may seek to to explaining what a libel in, merely inging down hey note, Wrath had been nursed, the indignity, lags and so on, omild he be a fit person to haza affection inspired by China," as the Shen-pao are required or not. Putait, for Japan doonet, and never did,stand that that plan ons of our pains vindiosts by what I may calls, mira public pra the law on the subject, and it is for the jury hay whatever it was that had been put upon him the management of the Bank? What would the is it is a privileged communication, ¦ omdling, which is by griminal proceedings under a ling the doozment in their hands to say, whether had been kept, warm. It was polt-ven ans, a directors, apart from thoir genezi kula on the in awe of the Colestial Empire, and at present and to stars, for the prosecno certain Onions we have in fores in this Colony, it is a libel or not. Then, in this place there hasty production. A non going home, in the subject, say?, Whas would, therefore, be the pro- establish any chargé against as they must prove Either of these two why neropon to any parson in is another element which may be introdund heat of the moment suratohing of something, bable result, the ons that must have been can- too strongest pieces of evidence they can make has adopted the latter. The reason for his doing that is this, whether this list was written on sve, pleaded hurry and haste. A good many bable result of such a charge, if accepted, world use of th to prove that the obarges are fales in so in this case is found in the docusut which privileged occasion. Now, goableman, what is a people write letters in that way, and it have been the annihilatiod of Mr. Nelsonas & Bank fact. If they adopt that liat I am absolutely eu wo allege to be the libel, because there, several privileged escation is an precodingly important they are wise they tear them up. I is a monager for ever. I should think," Of course I titled to, but that evidence by showing they times over, as you have baril, Mr. Nelson's au point, and under the direction of his Lond great relief to the foolings no doubt to put them em bound to place the oase before you on behalf are true in fact. It depends entirely on the line worthy publia note are referred to. Ho is refired ship and using them as my own words I into writing, and next morning tear them up, of my client. I do it as temporately as I can, by learned friend takes whether these papere to use bitter, hostile, and ceaseless opponent of will read a passage from a standard work to a great many people let off atesto in that way. If I could deo that the temper of the document required or not, but I am hound in duty to the Gover. He is referred to as having com that you may have it clearly in your minds what bat in this esse etekin was not let off, and we was sudden anger, and a bit back atraight from my client to be prepared to meet any turn the witted unworthy public nots; and it seama to mas o prívilgni occasion is. The learned counsel shall see how long this awaiting and bean. "I the shoulder, without any charge against it, I oase may take in his bands.

and to bo an steeedingly grave question which I now

have awaited your arrival” go there had been a should be very glad, and would bring it before His Lordship Then in other words you eay have to lay before you, one of grave jmpozianos in

great deal of deliberation, Inquirise, had been you. But, on the contrary, it seems to mo, this a small. Colony like this, whether any man is to

unde whon Mr. Jackson was coming, the | charge having boon brought five weeks after the Mr. Fraasis-I may want thera. on what these papers.

It contains a DESCRIPTION of and DIRECTORY for HONGKONG, MACAO, FAZ

I

HOT, HOFHOW, WHAMPUR, CANTON, SWATOW, does not regard it with any peculiar enten malice in fast. To prove malios in fact one of the position in which Mr. Nelson is placed, and he into the case, probably will be introduood, and; and Bending it off at once by his boolie, might, templated when the letter was written ? Tho pro

AMOY, TAKAO, TAIWAN POO, TAMSUL KEE

SUNG, FUUUKON, WEYCHOW, NINGBO, SILANG Neither, we think, does Siam. The Siamese HAX, CIENKIANG, KAUKTANG, WH, YANKOW, Goverment have little disposition, we im. ICKANG, CHEFOO, TAKU, TIENISIN, NEW-gide, to muddle with affairs outside their own CHWANG, PEEING, NAGASAKI, KOBE (Hodo), domain, but they have shown with what little OSAKA, TOKOHAMA, NIIGATA, HASODATE, they regard the Sort-of Heaven" hy re MANILA, ILOIL, Gear, SAIGON, CAMBODIA, fusing to pay him tribute. The old notion HAIPHONG, HANOI, BANGTOK, and SINGA of the power and far-reaching influence of FORE, as well as condensed accounts of China. China has been pretty well exploded among Japan, the Philippines) and the Ports of Aber former tributaries, who have seen her

Mat

"The Chronicle and Directory for Chinn, Japan, and the Philippines" is published in Two Form-Complete at $5 or with the Lists of Residents, Port Descriptions and Directories,

Plan of Victoria, and Code of Signals, el $3,

Orders for Copies may be sent to the Daily Proes Office, whers it is published, or to the following Agents >—...

MACAO Messrs. A. A. lò Mellu & Çũ. SWATOW.......Hesst. Campbell & Co.

Messrs. Wilson. Nicholls & Co. AMOT

Mess: Wilson, Nicholls & Co.

Formosa FOOCROW ......Messra. Hedge & Co.

NINGPO Mestry, Kelly & Walsh S'ghai

***

SHANGHAI......Mesers. Hall & Holtz, SHAYSHAI. Messrs. Kelly & Walsh. NORTHERN & Messrs. Hall & Holta and Kelly BIVER PORTS

NAGASAKI...The C. and J. Trading Co. Hrose, Osaka.. The C. and J. Trading Co. YOKOHAMA....Japan Gazelle OfEce.

$7. Park Kor.

Daily Press Office, 13th January, 1889

NOVICE.

prostrato under the foot of a European Sinte, and refuse any longer to believe in her in vincibility. At the same time they are not anxious to compass ber downfall, and would be extremely reluctant to support the cause

of a Western Power against her.

Owing to a great pressure upon our space, the *Commercial Intelligence" will be found on the fourth page.

The gunboat Seringer, Jéeutenant-Commander Tudor, will not leave Hongkong before the 17th instant for Singapura

A pat race will some off this evening at five k between boats of the corrette Comas and the turret-ship Wiporn.

The Ocean Steamship Company's steamer

paszod Woosung on the 6th instant.

Yay, as he has returned to Sarawak:

then read the following from Starkie, p. 709 - There exists an important and numerous class of caso, in which the law, consalting the goncal com venteLeo and the exigenoles society, extende

take part in public life according to his solo qualified protection, dependent on the question whetter had been thought over, gir.-I Have $ time; that period having been taken to rako sp

made in the fair discharge of any public" or privaÇO,

terest in common with the rack of the community.

Изо уюпить.

க

urt

His LordshipYou do want them in certain convictions, whatever they may be, at the sheet has acted born on on a contine swaited your arrival to bring to your netice, things, to pila togather such a damning letter risk of his privato obaracter boing smailed. cogned by the law, or has merely used the ecossion for the information of das board of Directores cannot fail of its effect, and must hit the mark contingencies ?

Mr. Fransis I do.

That, gentlemen, in thự thing which seems as a colour and pratert for doing mischief. This in London, the conduct of your manger right in the series of the bull's oye, it must kavo" His Lordship Well, you can't have them to. to me to soms out on the face of this doou: most important limitation scams, on principles of hore, Mr. Nelson”: [masking the said. Hornos been calculated tu hare such an effect. Then Mr. day, because you have not gives notice in time went. It is a solemn question and so im ratlic policy, already adverted to dinedering the Harrington Nelson) wao, without any provoca Pitraan shows that he is not writing in a public to susble the plaintiff to select them and gut portant question which comes home to all of made in the the isobayo war die Fulmarionetion of reason, thought proper, sta mesting of epicit for the public good, because he says dis them out. A full day's notion is necessary, us. My eso is this, that on the face of iveal or art cats, of which the Calimery ougending the Hongkong Chamber of Commercs, on the 23rd (notly the reason that he is writing is on ac- and therefore you cannot have them to-day, this paper, which I shall presently read to year for society, or the party's own private interests, real mo" the 29ef ultimo was the 23rd Fab-count of a private injury. He tas taken the If we go on with the trint you say it is necessary sed comment on as we go along, that we have quite the performanes. This principle seems to one wary, this letter is cate th March, so that pains, to show his motiva by this paragraph :--- for your case.

for a pable proseeding that is the tonsible probed all püblestions on subjects of general and as nearly as possible five weeks had elapsed." I should not have been disposed to trouble.ay- Mr. Francis-My learned friend can solve the reason why our private life has been aselt, our pablie oondara in which the author poisto indulge in a false sud slanderous attack self or yen nhout Mr. Nelaco and his affairs härl question at ozize. The case is in bis bands, and psiento transactions have been desis with, and racy, ghe, as it arms, has a tight to publish that upon me, svapled with soms impertinent re- it not beau for us, impudent prblio attack upon he has the management, of it,

we have been accused of want I In my indint-which, la bis ophion, will tend to onlighton, tnstruat, marks about His Excellency the Governor of me at the meeting referred to, for which neither His Lordship-And he will conduct it as you mout how sold to be a sormpt de improper or even amuan mankind; he who attain his object the Colony," (meaning 's Excellency Sir John his relations to myself nor way transaction I wish!

Fransaction of some kind or other. We have may justly be regarded as a bouclactor to society, he Pope Hennesar, K.CM1.0., do, do, the present have evic had with the Bank had given him That Mr. Francis-No bat be can say whether committed, it is said, unworthy public nots who fails to not smenable as a critsins, however Governor of Hongkong]. Then he reiterates the slightest pretext or justification,

erraçons his vlows may be, unless 12-pininly appear af argument and evidence I have just mentioned not have to act mattered, but we are also said unkind, but to judge pablit tone and disorder pressions that he made use of warrant the above the source of this ebulition, I was maled if I he intends to set up that special class and if the matter had stopped there it would that his real object was not to improve or beeft. this in effent by saying Not only do the ex-is to say. Mt. Pleasa's private injury is he is not going to call witnesses to prove that to have committed private sets of a nature by allenating men aminds from their public or private description of them." geaning thereby that they intended to give any evidence to show expres the allegations in the alleged libel are false it which, had the statement been trus, you will see, datién, by bass or unworthy manns, by deatroring wore false, slanderous, and impertinent but antics. No, I don't intend to do so, because it will be impossible for me to go into the question when you have heard a little more fally what I their morals, or instigating them to note of god for, they were attored with an arident ammus to seems that one paragraph itself outs from order whether they are fire or not. If he intends to have to say, would have nuitted us for the fun, and outrage, or in some other violation of which friend of mine who were present are coudy the defendant's feet the defence that bo wak & Walsh, Shanghai. Achilles, from Hankow to London, with new teas, call evidence to endeavour to protein gentleman, a libel is a written elander. The Now; gentlemer, that paragraph sume up to of this latter. There he says that Mr, Nelson purpose. Now he gods on Under the oiroum-

Now, uns responsible position which we hola.

to testify That, gentlemen, is the first branch writing in accordance with a bona fide public lice by aboring the cliages contained Truth says that Rajah Brooke's country place, the alleged libel are false, then I sulmit differences between libel and slander in its certain extent a somewhat large branch indulged in a false and slanderous attack at the stances, I have no alternative but to lay this MANILA blesses. Viada de Loyzaga & Co. Paston House, North Wiltis, was to be sold in it will be open to me, to call videos to offer is attend hout, and the lar, its arvata uanal illustrations bad character: question would be ans for the directors to my native If it were, as he says, a falso, slander- of law. For instance, if a person gives a meeting of the Chamber of Commerce, and the complaint bofore you" Bad bo no other alter show they are true, or to oross-oxamine to rally spoken in hasts in in words which are libellous, if the character te wo to keep a gentleman on our board ous, attaolz Mr. Pitman had his ready. Thare SAIGON..Mr. J. H, Bloom. * SINGAPORE...... Me zv. Sayla & Co.

robat bis statement. But he say at once tendernoes for spoken worda, has laid it down The Ocean steamer Merolares, Captain Nicoli, whether he intends to call that class of erisus, that slanderous words, except of a certain vare in not given in meh a way as to show special who indulges in fales and slanderous attack is no doubt about it whatever. The law given a BANGKOK.Mesire. Malborba. Jullis & Co.

privileged. As LONDON.Mr. P. Algar, Clement's Lane bringing the body of the late Hon. Ho At Kay because if he does not it is impossible for me to walignant kind are not actionable, still les open malice, I shall have somebbing sa pre upon another gentleman without prestation romely to any man who has had a false and Whatipon, C.M.G., from Singapore, is hourly enter into it. If he does so, I am in your Lord to prosceation, by private individuals at any sently. Parasna may publish reviews or ori- of the Colony. That was the meaning of it. is not a fact to say that he had no alternative LONDON ...Messrs. Geo, Street & Co.

and makes impertinent zomaskos on the Governor slanderous attack made upon him. Therefore it

LONDON

shiph hands; if you think the case ought to be reste, unless they are followed by some special ticiens, as ovaryone knows, in the strongaet Messrs. Bates, Hendy & Co.

expected. SANFRANCISCfr. L. P. Fisher, 21, Merohants'

adjourned I am quits in your Lordship's han la: Jamage--I mesa pornniary damage. Libel The German corvette Prine dealbert, 15, Cap- Exchange.

tain Kuster, bearing the flag of Commodore

His Lordship-I would rather do that than stands on a different fosting. Libel in language upon, publis men in their public sote, You see it was meant they should take reties of hot to lay this before the directers. He had an bar of the Chamber of Commerce in virtce only which in the fire weeks of toa incubation NEW YORK. Mours. 8. M. Fettingill & Co.. Mac Lean, will leave here this afternoon for Kiel, lot the trial go on and then after the jury is defined over and over again in the books, writ so Ipag as not in each a way as to show mallee that. Then it goes, Nelson is mom-eltarestiva, and very clear ons, and che ampannelled have to adjourn it a case of this ten, printed, or otherwise cagraved matter which Thors are a number of other circumstsucon of his office at Toond Manager of the Chartered of that latter he might have been advised to tia the Cape,

içind, where I ennast shut my eyes to the fuot is siloulated to bring any ans into hatred, coa whitust.acne to anyone in which plain tersantils Bank; e nasquently, an unworthy parses. It has been laid down by great.

speaking may be duty or slearly for public The Rning cruiser Asia, 8, Captain Aionon, that it is a very exciting trisk. I read the empt, or ridicule, and there are, as you may benefit, as when a bad or immoral book is writi. pablis nót of his in the Chambar refects directly Judga ot long ago that you Barnot Rat up bearing the Sag of Bear Admiral Aslanbegoff, newspapers, and I don't think it right the jury, imagine, a very great number of forms of visad in the strongest terms. These, gentis upon the Bank and it is thus the clear right one libel against another. The law says in sil left bare yesterday morning, about ball-past who, onos they are in that box, should leave it libe, and this present one is one of sa

or leave each other till it is decided.

mas, ara a fer íústances where the publicstion of and daty of the Diracters to protect themselves eases that you shall not take the law in your grave a kid as I think cuz well be committed by livellous matter is privileged sad that privilagainst the discredit resulting from such ean.) own hands. It a roan gives you a blow, in the CO, seven o'blook, for Nagasaki.

Mr. "Francis--My learned friend knows the one man against another. That form of libel,gen forres a defence. But when we come to turn todot as that of Mr. Nelson”. That in a very eye, the law does not justify you in knook In the estimates for next year we hear will be | case he is going to present

tleman, iss libel upon a man in his trade, oploy this alleged libal; I shall argue that it was not "gly paragraph. You see it turns out directly ing that man toyu, although if you ware ncluded a sum for the provision of a new Police

Hi Lordship-Thon if Mr. Hayllar goes zoment, or professing, a hol aired at the business published on any privileged occasion, that Mr. Chartered Mecantile Bank There is not donbt would probably not be purished or not receive

that Mr. Nelson is the local manager of the strong enough you would probably do so and ...... Caop, whink is aadly required, as the peasant further than prove publication and lay it baby which that on aras his livelihood by Pitman, so far as I know, is not a shareholder about that, and therefore the defendant kiss it. any severe punishment. But you are guilly all Go-hulk is in an unsound oxidition.

foro the jury—is that libel or zosyon don't which be has a fight in look to pontique to earn

of this bank, is not interested in it at all, and And he stigmatises this as an unwortly public the same. You are honnil to be found guilty of wan't your witnesses.

his livelihood. Anything simmet at the star that the words and bxpressions there made use We learn from the Superintendent of the.

Mr. Traasig-No; if he dnar mh go into the of a man's firing is peculiarly abunxions of are not intended to bring down on Mr. No act, which is a very libellous expression and as an assnutt if ather marr swears the passe Great Northern Telegraph Company that the question whether the allegations are true or false. the low, and therefore it seems to me to form a WHOLESALE AND RETAIL DRUGGISTS, martcation-with-Shanghai and Nagasaki is show they are false and asks the jury to infer have the law laid down to you more thoroughly vatapanishment. They are written by a perfect then the latter points out the right sad duty of justify a retorn blow of this kind. A remedy Gutzloff-Amoy Cablo is repaired, and the com: lí choвot enter inte it. If he gives evidence to 5t subject of ■ pabilo prosecution. You with son's sad a public punishment, but I put it/put it justified Refects directly on the against the odber. But assuming what Mr. to you they are intended to bring down a pri Bank." That is to soy on the institution to Nelson said was all that Mr. Pitman says it was, which Mr. Nelson looked for his living. And a falso and slanderous attack, that does not from that they are malicious, then I am entitled by his Loriship, but all I mean to say is there outsider, ons not having the slightest legitimate the directoes, for which I have no doubt they was open, however ach my friend may push it to rebut that

is abundant, anthority for the position I have interest in the subject as unt being a shares would be very much obliged What the olar bereafter. He will no doubt as it very skilfully, His Lordship Is not the old law still inlaid before you, that a libel against a man in holder in this bank, and in s way as I have right and duby of the directors was is of course because he is a very stifzl person. The mattor Fu Yeo was in the Lay--moon Fass, on her way existagens to original masters? Az idiotment his profession, trade, or business, is as said to bring about a private punishment. The not very obarly stated, but it is to protect for us is a matter of law, and when Mr. Pitmas into this part, she came into collision with a for libel not because a libet le written, but the very rarest offences which one man valas e malice, as laid down over and over again themselves from the discredit resulting from eays that he had no alternative he does not my junt. The occupants of the junk were saved by beaten it is an insitumest to broach of the commit against another either publicly or pris this, that every man must be taken to hate coa sneh oxidust as that of Mr. Nelson, Now, what is actually the fact. He could have taken a boat lowered from the steamer...

peace. The greater the truth the greater the rately. Now Mr. Nelson, as appears in what is templated the reasonable and probable results of antlames, what is the racaning of that stand this remedy, and if he had I think it would have

called the inducement on colloquium to this in his notion. That was laid down omphatically by SHIPS MEDICINE CHESTS REFITTEE excessive wet and considerable froshote in the

Advices from Canton are to the effect that libel, according to the old story.

Mr. Hayliar. I don't intend to call that eri- formation you have heard read, is the manager riter indicate costingons rains in the Western donva, That is not the way I intend to treat of a bank. He is in a position of reaponsibility one of our greatest julges in o pase of libel, they stoli If it use only one stiek of been a very satisfactory thing, suppozing he case where Sir Francis Burdett was upon his bundle of faggots, what does it aim at P had wanted to take any us all. He finisbat up districte. A party just returned from the Lien- the case, and therefore if that is the only ground and trust. He is in a position of sole responm-trial many years ago. The detrate pubes What dons that charge point be except the his letter with something in the form of ab

removal of Mr. Nelson? It may be, of course, į dued threat, He says--"I trust you will at NOTICE.To avoid delay in the grecation of chow branch of the North, River raport a modo. a whjob this evidends is zəġuired, why, it may bility and trust. He is the head and responsibletion of a calamay which a man knows to be that it was intended to bring upon him merly ones give it the attention it demands and spare agent out here in the East, answerable only to false or does not know to be true, raise in severe pougars, but we have to read this me the acessity of taking other means for rate rainfall there.

Bi Lordship-Well, now, what do you any the inspector who comes round, and fically to Mz, Fransis I have nothing further to say.

#play-of not guilty, a conclusive presumption. hie board of directors-in London. Mr. Not of malice, "Knawe to be false, "The elan etter not only by the light which is afforded by bringing it to the notice of your directors." three stentoes boaring the same name-Asia His Locdahip-Yes, I want to know if you son therefors occupies a position which under which this prosecution is: instituted tion which is akorded by the context. These strong am I, so strong is my esa, so strong is each individual paragraph, but by the illumina-] What that means in this If you dost, so are contant to go on without these documents may call peculiarly positive, because it is clause 5 of the Act 6 and 7 Vic cathroo paragraphs refer to his public bontact, my position, that if you (Mr. Jackson) don't being produced.

tural persons at home far away, not being 26, which has been extended to this poluby Mr. Francia--On my burned friend's stato able to know exactly all the local color which hes are two clause, one of which is If anythoy all circle wound that The next one sian fake notice of it, don't bring it to the notice.

may be giren to things, should gangen van z po person shall myhoienaly publish any defamatory some to justify the observation- I made as will take other stops to bring to to the notic refer to Mr. Nelson's public sunracter, and of the directors--and they take nolice of it, L ment, quite to the proof of the libel F

Als Lordship I take it, you confine yourself senel character by the reports of a person who libel, kaowing the same to be falee sad tie to the persis which seems to hang over a of the dirotors." Well, we have pured Mr.

according to his own statement, occupies a posi: other sets that "If any person shall malici Mr. Hayllar-The libel, and the inducement,sion of such trust and dignity in this colony only publish any defamatory thal." This for public part he may tato I think it letter to Mr. Nelson, and we have brought it to man of an attack upon his private obarsoter Pitman the trouble. Mr. Jackson handed this kit la culled. I am bound to add that. ss that he has been for fifteen years the friend of charge is not made for publishing & libel know right, also, that you should be made aware the notion of the dirsolors by bringing these His Lordship-But you don't mean to prove the head of the ornertive. A gentleman whoses ing it to be falan, but for publishing a defamatory that Mr. Nelson, again in virtus of his office as prooeedings. We have brought it to the motios the fatehood of the libel as part of your oase.

forward in that aapnity, professes to speak in hel; and, as we sny, not earlag whether it was

A.

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The Daily Press

HONGKONG, Joxe 9en, 1980,

10

stored.

www.w...

to

On Sunday, when the Chinx Merchants' steamer

It is certainly nemewhat of a coincidenon that

but all carrying different tags, should have on. terad this port within the past ten days. The Gorman steamer Asia arrived here on the 28th altime, the Hassian.cruisar drie on the 4th instant, and the Danish steamer Aniq yerlarday morning.

SUPREME COURT.

8th June.

CRIMINAL SESETONK,

BEFUSE THE HON. CinEF JUSTICE, SIL

Joux Baste

THE LIBEL CABEZ John Pitman was charged with libel upon Horace Harrington Nelson. The indiotment has already noen published in full.

Mr. Hayllar, Q.C., instructed by Moura, Sharp, Teller, and Johnson, appeared for the prosecn-

Aseretne arui Wukten, for the defence,

Bon; and Mr. Fennois, instructed by Mesars,

Mr. Hayllar and, he had to apply for à ́ post. ponement of the trial; on a short affidavit before hia Lordship, sodna mother tats of facts which had just come to his potias

did not come in or say ples that be know of, but

・gu,

Mr. Hayllar-No; and another thing is that

permitted to do soi

it sous about as clear as oan be that I am not

has not studied the hot carefully and the case of Mr. Frangis-I am afraid my lamund friend

Harrison and Bosh,

Mr. Hayllar Oli yos.

His Lordship--Well, if he has not I am afraid we are in pars delicti.

that positiv, speaks anders heavy responsibility. true or false, not, taking the trenbla te ascertain your representative, bus long carried ons bitter, of the public, and necessarily the directora e pats himself in she position of a man wins if it wars tens, because the question of the active, and easelsas opposition to the flows nor will and it and therefore Mr. Pitman has lightest word would at ones be accepted. That is truth is not in issas before you, but that of the Colony, meaning His Excellency the been spared that mosessity which he hopes ho and he makes against Mr. Naison a charge which, who bez be kusw it to be fake or not. Read traditions ef your bank, but, even if it were, no- Joba Pilmau. Now I think that all the ob the position Mr. Pitman takes up in this case, defautory Libel, defarior of Nelson, said Sir John Pope Henessy). I cannot be he will be aparut. That gentlemen, ends the lieve that such a policy is in keeping with the document. He remains "Tourobalient servant, if true, mast have rained bim, which, scouring the letter to which I shall refer if to the rules of the bank and according to the

common sense of the thing, would have shown you ars satiriled it is a calamny on Ms. thing could justify his gibe in a publio associa servations that letter demands have been made. tion" meaning the said Chamber of Corneros by me, with the exoption of cow, and that is bim to lie a person ottatly nofit for the position Nelson, and that its published without about the friendship with which His Drool that if you notice this letter, it is a very skilful

caring whether it was falso or not, and you are Mr. Francis Your Lordship is not to base he evcupied, and would necessarily have led to satisfied he must have contemplated the probabls lengy the Governor has honoured me for the one, because it is piled up saatge by charge and opinions before the asuni

his recall. The rules of this bank. I suppose. consequences of his nots, namely; the diamo last ifteen years meaning that His Excel- step by stop, sotil you have attained an exceed The Lordship--I have opinions, but nat de-are only the rules of all banks and of ail iusti se olson from his post, saar, gentlemen, tas lency Sir John Pepe Hennessy has honoured ingly formidable hole I cannot say, is this cided conclusions. I would not left to sit here tutions of the kind, and therefore it boheros & Jar says the enclusive presumption of malics is the said Jobs Fitman with his friendship for expression libellous, or that expression libel anless I had legal opinion geatlomat in Mr. Nelson's position, who has ad Now 1 db) the the last Steen years. Well, I think that tous. Perhaps no, perhaps year but you see Mr. HayllarThen all the subpoenas fall to charge of this kind made against him, not to grand an about the law, scoing that you will paragraph, antirely tells its own story. It is it charges that Mr. Fitman has public y the ground, I suppose.

Jabour ander it, not to come forward and base have the advantage of hoaring my learned OR that cannot be taken out of the setting misbehaved himself in two ways A magards M Francis-No, I don't say that.. Mr. HayllarThen what do you want them. tion, but to some forward and vindicate his advantage no doubt of a vor learned anmmary with the intention to injure, and therefore Then privately he has misbehaved himself in salve for it by means of a pecuniary compenstfriend on the subject, and you will have the in which it anda itself, and I put it to you, Mr. Pitman personally be has misbehoved him. elandling where it does, it was obviously penned suff, and as regards the Governor. personally. for 2:"

character, to place himself before a jury to have it of the law from his Lordship. I have gone as Me. Francis-I am not bound to discloes to publicly investigated, that no stain of these far as I think it necessary for my purpose in th malica Now we come to a special and dealing witbadead man's estate, or an embarrassed my learned friend what evidence my witnesson sharges may rest upon him. That is the posi edes that yes should bear in mind, there isms misohiavons charge which it not expressed in so an absequently dead, and he has misbehaved are to gira

tion which Me, Nelson has invitod and is ready which I think ars before youE AAM

azy words, but which, I put it to you, himself in dealing with the affairs of-bia Mr. Harlar-No, mar sut I; bat I think it to occupy. But that is not now proclisly the position which Mr. Nelson does occupy, and I

His Lordship said he considered his fenotions

the Shen-pao thinks, inflict much embarrass- | Be was ready to most the case on a base bo but there is this to be said about them, they have their best no doubias in advancing morality document cannot be ingaired into unless we invlate Mr. Heaton on the ave of bla (Mr. H.'s) because time has been given to reflect, and

ment on the Obinere, and set Russia : liberty understood, and now he had had notice to produce,

a matter of fact, there is no evidence of in. understanding between Russia and Japan, nor

Mr. HaylarThat is a question I should like to inquire into what these witnesses know.

alloque booke and other documente. He thoro that they could not be brought is in time. His foro applied for a postponement on the ground second ground was that fire of the prosent panel the case. hed bean sebponed me witnesis for the defence

the case.

Ax article in the Sher-pro, translated by our Shanghai erening contemporary, assets that

Mr. Francis said he had hei në notion of this Russia ia sealing sa alliance with Japsu and matkan Siam against China. Our native contempo

His Fordship--Well, may be nut state bis rary then proosads to admit that the only position

Mr. Haylar ssid'ons of the facts on which he

ont the fanando, the interpretation which task. It is a sort of anaconds coll spread authorities it be for the statement are the made his application was that they had received a very awkward thing to Lave these men called. St. Petersburg pipers, but it seems inclined a notice to produce a number of documents, which His Lordship-Yon esinot hara, these men, will explain why. Up to within comparatively were vary narrow in this pass. put upon it in the information you have to around Mr Nelson's character and calculated Me Hayllar Yas, your Lonship's functions Further, I would anggest that, having to rush it to subilation. I cannot say that to place faith in them, and goes on

but it is a mode of areluding the best moo from few years age-well within his Lordship's rucolars Rarrow. Now, there is one point before I regard to Mr. Nelson's public position sa one off sky books or say where also, I have over read if introduced they would form sabject of an in the jury. I know how I could manage in this footion jaetisation on the ground of the end the libel which I raust come to, and that is your staff, sotie enquiry should be wata into or seen such a latter or one, which express discuss the contences of ench na silance.quiry which he was not prepared to go into. Colony to subpoena every men in the panel..* truth of a libel would be pleaded by a person in the question whether or not this libel is false the circumstations ander which he hasame pos, much slice in avery line. As I have said, it is Japaninthe north and Siam in theearth could, The notice reached him at four c'clock on Mon. Mr. Hayllar-Jurors can give asidenge. volved in's criminal charge. It was a harsh state read the Act, bas falsehood or trath of this sessed of a transfer of certain shares from the not hasty it is polished. It is not harty.

day, and be bad not seen one of the papers.

His Lordship—Yes, tharsisnodoabṭabout that, of the law which the judges did a good desi, did

preconceived opinions.

aples of justification, as is laid down by the embarrassments about a year ago." This is the every weapon which could be drawn from the showed the harshness of the law-to modify author I have already referred to, ze Starzie Interpretation we put upon it and ask you to anumery of a mostekilful writer has been brought and they slipped it here and clipped it there. With reference to the leakood of Rool, atace Harrington Nelson had so corruptly, dis-been glad to have had a public inquire ints the accept Thereby meaning that the esid Ho to bear upon this gentleman. We should have to nasail the Empire at its heart. The Chinese paper then suggests the propriety of Ching

nat a great many decisions vere on the book page 98, he says this. The law always presumes Tu Lordship Well, we will go on now. Call in which, under certain simvastates, certain favour of innocence and therefore it is not honestly, or otherwise improperly obtained a whole thing mode the conditions laid down by attempting to square Japan by ceding all

portions of the truth might be admitted, antit required of a placutiff to prove the falsehood of Glba Heaton, who had formerly carried on making of the case as I read it. We

transfer of certain shares froto one Alexander lay, That, however, is apt esording to the claim to the Loohoo Islands, and express they received their subpass on Monday. It against Pitman

The Registrar then called the oara, Queen Lord Campbell, who, as every one knows, was an alleged ouluany; on the contrary, it imposes hasini sharabroker in Hongkong, bad go out of our way, and it would not be

GRANT of the most guiment lawyers that ever sat on the bardon of proving the affirmative on the dehors om betrassed in his affairs about a your right to do so, to go into circumstances, an opinion that so ancient a feudatory as therefore seemed to him fair to neither one party The following jacory were then draw the Buglish bench, soused the passing of an Act fondant The truth of the sappoaid elander in before the sald letter was written, and had died which we have had no express notice. I should Siam is hardly likely to be tempted from ber of the other that the present panel should try losses. W. Snott, W. Detmers, TN. Dris by hol now it is open to any defendant are in fact a ground of justification: which wat be before the date of the said latter, and his public have been vary glad to have known what this fact. colt, G. Ferguson, G. Chape, D, Alexio, C. C. cused of fibal oriminally to plead the truth, teenbatantiated by the defendant,? Now the words allegianco to the Dragon Throne. Now, as His Jordship-Nof the present panel ? Cohen,

pg inquire into the truth, to give evidence of this fra Hayilar No, my lordt. Five base bear, Francis said Mr. Cohen was one of the truth, and be investigate the obarges which have of the Act which it is important for me to call position as saph maunger as aforesaid had been connected with Mr. Heaton's estate was. We beonght to our natten, and that I think is sufi witnesses who had been subpoenaed.

boon made in the libel, to have them investigated your attention to are those singariously affected. Now I shall have to don't know in the least in point a fast, bat I

- 2hat on the trial His Lordship said Mr. Cohen could be a wit." down to their very roots. But properly that for refer libel, the dol toont having, pleaded Mesaban Heston was a sharokroker, that he to the jury, and to have inquired into and ox-

say indotemat or Information fact before you that Mr. Alexander should have been very glad to have had it stated is it likely that the latter country would take dient ground on which to and for a post pars

ment. At any rate, the other ground in before ress leo.

Boende has been cut down by avery wise and mo- ruch plea as kerabatur mentioned, the truth of the did become embarrassed in his affairs, and that plained it. That is apparent the most deadly up arms against China to pleass the Govern, your Lordship on aidavit. Your Furdship seed: The Registrar Mr. Cohen, I am afraid you dorate provision, which is this, that a plan sustera charged may be inquired into, but shall not he died before this letter was written. As I say, abargs: Wast I wish to point out in that we ment of St. Petersburg. The quarrel over there are looks, letters, and presses piss of letters will have to go into the box. Docs the defondant of the truth of the libol should not be pleaded most to a defence anlass it was for the public the thing is to a certain extost, an allegory have not shrunk from so inquiry, because they sauless, it can be shown it was for the pablis hopelt that the said mattere charged should be puls What it was meant to be we don't know, The were entitled to forgive into the whole truth. the Loochoo question has, we believe, been at paard between Mr. Nelson and Mears, challenge any of the jary P

Colon and Heaton

Ms. I abjsot to Mr. Cohen. He has benefit that that subject should be laquired life, lisad and that to still the fondant to gira ori: mesning of the glasse 1s of actres sutinely for But if we have not the traih ploaded in justiften.

denou of the truth of ezab matters obirged as a des amicably settled by the Peking Government FEM Lordship-Herd are the inbpanna. Do been mixed up with the transactions with Me and the feets showing that be set cut. Now, fence to gnan indictment or Information it shall be you. It is for you to ey having this letter bo- tion, what becorass of that letter and the meliss Heaton. He has very decided and formed gentlemen, I have stated any position here. I accesary for the defendant, in pleading to kas said fore you, and having this paragraph standing, that dictated 11 ? I think it's terrible position accepting the logic of accomplished facts, and you want them P

Mr. Hayllar--I should like to vos thom they opinions on the case.

say that it is a public matter, and if these facts indictment or formation, to allege the tenth of the au it does, among others, all of which, import for say person to have to stand before a jury of vesigning all claim to the suzerainty of the have fast beau brought to my notice (Eseding) His Lordship-Ioan see at once he has been which are allagad against Mr. Nelson are said mattore charged

high blama to Mr. Nelson, which is obviously kis countrymen, with thef libol before them on. islands. There has, undoubtedly, beau & good Maars Ceben, Glover, Muokintosh, and Cops.mises up with it. He will have a bias before tine, if they can be supported to the latter As I read that, we are without time plsa, a latter of a strong character, using much ez justified. It is not far mais to any more than that.

Mr-Francis Me, Cope was supposed by mishe go into the box one way or the other or to the spirit, I say and admis here that the view. I taks of the position: Is this that preasform an unworthy public auls "aut calling. But what is to bessid about charges like thes deal of apreness folt by Japan of the quiet per-aks, my lord Mr. Copy of the Hongkong and Mr. Colin was then sopisested to have the it would be malta considering their wo ere pot called on to prove the falschead of the upon the directors to inquire into this transe that oberge about Br, Tibaton cpecially What is aistence with which the Chiness Government Shanghai Bank. He has been informed his ser, bor, his Lordship explaining to him that the gemstances of this oclony, which it would libel. It is for the other side to prove its truth, tou, with a suggestion which seems so very in- to be said of that oberge if it wara tarde and sent Media repson war he had had some transactions in the have been for the public beneft should have and therefore they not having done that in this jurious, that on the eve of Mr. Heaton's embar to this gentleman's directors without much hero adhered to their claim to the allegiance vices are not required

Air. Hayilar (opatinging maling)—Mr. Rit. | post which might affect his inled as to the pre-boon injured intu, herause it would be a matter one the falsehood of it is presumed presumed russaments cometling took place – whether it does ground se pun be laid before you as a justidos- chis, Mr. Dann, and hir. Ryrie. There are the sent There was no other reason, sau they of very couniderable public importance in this in favour of innocuore until the contrary is shown. 20t import a charge, which to the minds of the ting for its being laid f salipinas. Of course it outs the jury dowe, mogla hava bean glad to have had him on the colony that gentlemen cconpying- Mr. Nelson's It seems to me, therefore, that the trial as far as direolars, living as they do far away, and you Mr. Francis I am sorry to interrupt my His Lordship Vory well, have you anything jury on account of his experienes, To position were not fitted for it. If that would the evidaños goss, must be a very short end, must recollect that this letter was intended turned friend, but I submit to your Lordship to' say, 'Mr. Francel

Mr. Cohen--I don't think Mr. Francis in have beez shown I would not haro takan, Now, gentlemen, I come to the alleged libed itself, specially for their edißestion and fastruction-an that be is not entitled to go into thịt branch of Mr. Francia have nothing to iny. I bave just fled in saying I have formed opluloos. would not bare been in a position to take, ang and I will road it with its innsadoes and make impression that Mr. Nelson had done something the anhyzet,

exception to its bang for his pabilo benefla such commenta na coëur to mẹ. - 1 shall do it very diety, something immoral or corrupt. It is im. His Lordship: What are the particular werda' But that is not ke pomimo which has beeu) shortly, because I tainic it is ons that tells itmowa' possible to lonciulata eznotify what it doon mean, you object to tama The truth of the libel is now not, a story without the introduction of intendons. But but what you have to consider is wast it was Mr. Francis-1 am not objecting to particular Haylar said. He Dung was one of those question for year consideration, certainly not here I would interrupt mymail for one thoment; meant to effect, Thon the litter prosesds on words. for whom subpomas had been legded on Monday, as I shall lay the oats, before yox, and. I to say that it is pot moussaney at all a libel shanik, the cams lines, so to speak, because the paragraph ......... His Lordship

Mr. Fratele said he did not object to Mr.Dunn, shall proosed to explain just bow it does be in diroot words. It may be by inuendoos have just read tunda. up to this? It words, and did not intend to vell him and witness,” “mand. The ples which has beau pot in iz zarosti, indirect narration, or safarison: á may, indaga þú ösubled whether Mr. Selion: Mr. Francis (uilting

Mr. Hayllar, said that if Mr. Dann was im. sa yon, hava heard, "not guilty. It has onlebrated carp of that kind occurred a great as a regnar trafjoker in shures and other pon. - - Mr. Hayllar partial he had no objection to kim.

a curtain technical effect and it entails upon | many years ago and orested a grant deal of argn, (perus, is able to devote that undivided attention ) that may be improp

of the Loochoos by receiving tribute from

the islands after Japan had formally de

no rapy of the audavit. I kabmit my warned Hip Longship... 05, đơn 1⁄2 my anything about friend has shown nosutharity whatever forsault the NENA en application sa this.

M. WE H. Dazu was then called. Hla Lordship For what?am

clared them a provizes of the Mikado's Ex- piro, There has also been some secret though not expressed rivalry and jealousy between the two nations, both of which have displayed a half-congested contempt for the other. But the true interests of both countries lis in the Hr. FrandsFor an application to postpone maintenance of good relations with one.trulina original essen the ground that car

indu documenti have been called for and he has ›ancther, and it requires little prescience on not had time to have them briefed to him and

the part of their statesmen to see that the examined,

want the