1890-02-19 — Page 6

MAIL SUPPLEMENT TO THK - HONGKONG DAILY PRE38," FABRUARY 19mm 1200.

-

Did not the urbitratiez refuse to allow you ona Item of $1,900 in oonsaquénon of a fraud P-No. Were ven not explied from the Shanghai, Race 10% for malpractione I—No.

Word yut not expellal P÷I will explain. Yes or no P-Yes,

I

fuse the conseŋounce might be imprizenmont (Laughter

The notion of a wolahor' saing sollent in a court of hayo, kiəp them as dark as the grave" They ho would have another opportunity of vindicat Smith, after comparing it with his own ing "I am not so weit acquainted with the to damages in as much as the stewards not hav. Sugans in August. There was a rice for the

single.

in which Brandt (meaning this plaintif rough to

and his monds of suit,

led the 1st day of November, 1889. The answer was as follows-

The defendant admits think the plaintiff of prenent resides at Victoria in the Colony of longong, bat is not aware whether the plaintiff is a merchant -The defendant admite pamgraph. 2 of the plaintif's patition.

or not.

-The defendant admite that. be pobushed the paragraph ent out in paragraph 3 of the petition, hat deción fat he dal soiately and malinionsly, and further denies that the remark quoted therein are Übellode, or be made to buy the meaning st tribaled them in plaintiffs aremment. The said words are a fair and accurate statement of a report Leering coctain perceedings in which the pablia had a common ictarost, and ware pabished bond fils and without malice is the parts the defond. But's business at a journalist, and are therefore privileged.

4.-Defendant admisa publication of the extract from the Sonos Weekly Despatch newspaper quoted paragan 4 of the petition, but does that he di ko muligpely, or that it in a defamatory is on In answer be paragraph.& defondant says that on or about the 7th day of Septembar, 1889, the plainti ized a writ out of this Honourable Court in sta Samoury Fundidon against P. Grimble, wherein the plaintiff claimed $996.99 faz dFornos apun certain shares. Tho ese es board to opre Court before His Honor the Frisse Jodga an the 29th Set tember, 1889, vlien Judginal was giren for the plaintif for $302,65 and conka,

painti

Dated 6th December, 1889.

China

Cross-examined by Mr. Fraser Smith-I said that I demanded an apology from you just now: The letter handed to me is the one I wrote to you. His Lordship said, he did not see the object of putting this letter in.

Mr. Fraser Smith said so much ban boen sald about malice that he thought the letter, if read, weld tend to mplify any ides of that sort

His Lordship allowed the letter to be read. The letter is as follows-

*Mr. Robert Fmaer Smith,

You remember that letter ?—Yes.

Is that evidence of malice Most decidedly. Isthai ang evidence of blackmail-ti avid

onse of a trap ren were laying for me.

Second Violin did come to Hongkong ?-Yes, bat out le you.

You rede his in several races ---T38. He was zot not played whenever he pin-I do not know about that. He did not win,

Ha broke down in one mon P-Yo, I had to dismount.

Odaysts was a pony you brought down the Derby in 1884 YRE.

He was a gract favourite for the Derby -- You made him one

You considered him a certainty for that race

dia And you lost to race I did..

Ching.

...

MY. Robinson said it was for that reason he had not objected before. For other libels affect

He diol two days afterwards -He dieding dr. Brandt in his character as a racing man

farther nation would be brought. several hours afterwards.

for His Lordship said he would allow the question. Cross-examination continued.I had not part Dership with Mr. Hutchings. I had racing sociations with him. He would not ride for me unless he bad shares of the proats. I had dif farereas with him, I hed racing soulations with Mr. da Silva. I had trouble with him. I may have called him a "thief" publicly. If did be deserved it. I had racing associations with I had Mr. Just I had no troubles with him moing associationé with Mr. Kaiser. I am still I came to Hongkong Is it not a hot that the same day in tho Canen good terms with him. tan Cup red won by about thirty lengths frota to race in 1873 Brat. I raced under the rules a pony who cau neck and neck with you in the of the Race Fand, Derby Tes, I won a race afterwards by clever riding. The sure was much better in the after part of the day.

I ask you frankly, as a racing man are you not of opinion that you lost the rags throng bad riding -No through bad weather. The course was in bad condition.

And the following day you won the Challenge Cup and another race with that pony F-Yes, | the course bad considerably improved.

Did you not enjoy all the privilege?—Yes. The codes and so on P-Yes, I anppose rd." Did you pay for that coffee (Laughter) I cannot remember.

to was a defeater. shares you went to the brokers. Meara, Hughon Ou the date you had to take up theso

Do you konw Mr. Samuel, a broker?--T am sorry to say I do

He is te a lot of brands for you?—Yes, of most unsatisfactory character. I have and good deal of litigation with him about broker- I never gave him an order to eli any number of sbars to anybody, whom I could get something out of.

You are not on good terms with bin?-1 don't know him.

Itie Lordship-I thought you said you did. Witans I do not exist for me, my lord, af present (Laughter.

Cross-xamination contined--You-sued Grim-

·He for $900 |--I did; ·

You any Grimble had $3,000 of yours in his handa P-You.

What was it for He kept it out of moneys belmping to ina.

Here is the book. Is your name down in the

How did he get money of yours in his hands f subsoriber's list for 1879 for the $5 for coffee!te had shares for which he had to pay me a

Bat you lost the Champiosis -Yos. from foci-No. play via the part of some of the jockeys.

There was a bit of a sorimmage at the finish? No, there was a dastardly attempt to take the raeo from me on the part of aesars. Nicholls, Dunmay and Bidwell

No.

.

For that rason P-I don't know.

Is it down there for 1981, 1882, 1882, 1984 large amount and he retained $3,000. Thon all those years yon defrauded the Race Fun! F-I did not,

Show me your name there ?—I have answered

You lodged a complaint, did you not Yes your question. to the Stewards

1 was not aware he was the

Would yon sllow a man to retain. $3,000 of yours P-No. I snest him.

Not for the whole shout. Did he hat keep back this to carer some large transactions be tween you? Nu. he was legally entitled to about $, of that, I got from him and

und bin for the talones."

I

His Lordship think it was admitted in the tase that Grimble had money of Braudt's in hand. Mr. Fraser Suith-Yas, I think so, my lord..

retained.

merely wanted to know why this money was,

Ind the book show any profits?-No.1 *So far I kuow I have never horn my father, and X Rose meeting of the year, and they had a ano- | mu s priss Bghter, Then they came to the third procter of $5,000 I had been miloling the

PlaintifI have inad in Shanghai with What right had you to take that many am doubtful about my mother. Born good looking, cafel meeting. Mr. Brandt Eved then and libel, which was the one ublished in 1889. It siste market for some time, I began to operate It eluwed a heavy -

about Tls. 10,000 or so. Part it is registored at least, I think so, educated on a big ranch hotween afterwards in the defendant's house during bie was not his (Counsel's) business lo stand as auton - the market in a suali my, and my firal,

in my anma I'bavo nisporty at home. I cannot. Mangane and Marturi. Sght under any rules, Aro minttes stars to be all rol In case my Chinese wife stay in Hongkong, Mr. Fraser, Smith being on apologist for share spooniating. He thoughtOperations bobs sucessful, oxended them. You owed no money no s private scoat, and I

tell the value of it. The land in Shanghai,woukt should get wind of bis, and I want to be off Mr. the most intimate termonith him. In 1883 man in a free ecuntry had a right to do with his The pros overturn of my contracts from the felt quite justifed in taking that money wher

Have you that contra socount? No, you have Did you take legal advice on the matter ?--You, hava boda available for paying inawon had I task. Mcar Bromit te overtly humorist. If his do they again raced together partners and, made money, sad his brains as he liked, and if r. middle of Jass to the 9th October would shmount you owed me certainly musok mára.

You appealed on a point of law that you had The land in at ng disposal. It is ridionlons to mentio experiances are as they appear to be. It worlds wall loss. The year 1883 was looked forward Brandt wieled to pat his brains and money into to $1,900,000 Mynterprises were very profit- bito as well both for himself and Jake Kilrwinto with the kesmost Interest by Mr. Fraser Smith her business he had a gal right to do so, abla. The profits on all kinds of share, transit; it is in the letter of the 10th April.

Very well, I will leave that matter till later, not received notice to attend the meating, and suppose that I could have sade a loss of 300,000. the light did take placa in Amorlai,"

On at about the fith 4sy of Dober, 1989, the He hoped to do great things that year. His poet. He was doing a flourishing business and was tions was about $80,000. There were also BORD

coived notion. Is not that tras No, not azadily. watched the share market very narrowly. My defendant inely and malicionly printed and tion thea wad out a very flourishing one, and he prepared to pay upay loses that might nordafsalters and I am guing for about 895, in A lotter his been put in whiob. I wrote to yon the Chief Justice held that you should have re. I want in to operate as a bosiness man. I load Have you any letter of wine previous to brought an notion for $8,000 against the share market becas mag zame was not known. Wal, tell the jury what is the trathnamewastakon with some difenity at first on the published in his aid newspaper of and concerning hoped to make a large sum at the races With He was unf losing, however, he was making respect to thers transnotions. I include this in the with regard to Second Violin PY2A. the plaintif, and of and concerning his conduct and that ebfart in view he again cooperated with Mr. large profits, and this rinn came and practically 300,000. My claims are right in law, and ex

Surely you were well known in Hongkong P-s credit oli merebant and sandston agent at Brandt. Mr. Brandt was to find him the caitlofruined his business He (Counsely would put pool to recover the whole of that. Slug thu thaß-Probably I have several

Were we on felondly terms when you left stewards of the Shanghai Race Club for illegal- storesaid, a talko, sensitions, and alicless Tibal in and the riders, and he (Mr. Fraser Sdth) would into the box brokers who would be able to pabilation of this article I have had the great

given me ne opportunity of being heard in my Intrainations of yourself in the paper, but frog the words and figures following, that is to any r

Tu England there is a class of "poculators (take all the other necesary stops to ensure a tell the jury the exact nature and extent of the eut diffionity in placing my wontract Brokers Hongkong after the races in 1883-Dur rely expelling me from the Clab when they had Peopin knew me, of coarse, chiefly through the Did you 30t have some trouble with the Race defense as to the charges brought against me did me to good My name was taken after. who attend race meetings for the purpose of balting successful meeting. To show that he had high plaintiff's business. It was perfectly obrics have had to sign for the concerned" to do my lations were a little strained by with ignorat parsons un votly the same principle hopat, how they were frustrated, nong how the what was the intention of the libellous article. businsashara has boom a depression Intely that Brandt (mating the Plaintif bought shares trast ration of those hopes was the source of the It was supposed to be bad on a whore caso in on the share market, but there linga bren geen Stewards at that meeting I do not recollect. They had expelled mio on the letter of the 15th wards whee I lind mad money. Since tab. Were no you and I reported by Mr: Cozen January, which I went to Mr-Silva, as they lination of that urtica my name has nu een

stated that by that letter I had infringed Rule 4 taken,' Cram Grimble for forward delivory. They talcapeople's malice which had been shown by the defendant which the plantatt was concerned. It did not mount booms, such as Lands and Sagars, when I

Do you mean to tell the jury, that simple money, and whilst the reeu is boing ron they vanish

You stayed in Hongkong for some Bitle of the Club. and are not to be found by the backsore of the winner. frour stat day to this, he (Counsel) must go appear at the same time is the sport of the hare besu eager to sell, but could met doen. My to the Stewards on the off day - Yes

What was that rulo-It is a long and inserting to a newspaper wesbl effect your rodit

to sach These rangha are callad wolkhein, and when, sa into these matters En August. 1882. Mr. Smith case when people might compare its statements me would not be taken in consequence of the

extans P-Yes, as coming from tricate rule referring to various matters. sometimes happens, 030 of the fraternity is caught wrote a latter to Mr. Brandt in which he stated with what took place in Court, but my days publication of this article. My credit has been time until this matter was settled-I thick at bis melacions bine, ko is by univermal enesent that there would be more money on the Hong afterwards. Such a libel, in which the plaintiff impaired by the publication of this article. it was settled in a day or two

You were reprimanded by the Storaris and never roosiyod nog netice to defend myself man who holds himself out na un impartial sitio, The were you not? No, I was exózerated.

trom the charge. Subsequently I took legal and as ous who quger gastes in shares of Talk to a monies of rich law poculist to the race bong Derty than on our 100 ever contested was described as a "welsber," "could pot but be sued Mr. Grimble for the sum of $XA odd. The

Do you know a broker paned Rojas?—I am core. He is purally stripped, bestan and he is there. He said that he was relying on Mr the cause of substantial damage to him as it was heard before Mr. Justice Wiss. black and bine, and thou konsai inte the zenzent

beard before Bir Eichard Reanio who granted worry to say I do. I bato bad business will kim horte pond, the polar, on the strength of a perfectly Brandt for the cattle and riders but he leasiness man. As to its effect on bis socis pase was reported in the China Mall, Daily Pro What was the charge made againas-rozP-advice-and-brooght by action. The case w

What is valgarly called in turf parlance "rop-my petition, brt held that I was not entitled of vory natialactory nature. I sold acme nderstood if unwritten w, declining to faterfere, would do the rest, adding Whatever you standing that was not a matter to go into here and Hongkong Telegraph. I board Mr. Fravor-The charge was that of "paliing

asy that he founded his report on the

ing the power to expel me from the moment and shares went up to $3.0. law is far les ludio for serious sido and raced together again in the following yearing himself in that respect. He ama now be

Clob, I had never easel for a

If you had wald 1,000 abres for $250 for 3lat And you were exonerated?—Yes.

moment zet, what was the actualysition of the Pisisti in Highland Fling was one of the horses which fore the Court to vindicate himself as a man of paper and the Daily Press. The care o vulgar tear. I was charged with "palling." Brandt (meaning this plaintiff), v. drible? On his

You told the learned counsel that ny asking to be a moarber of the Club. After this September and they had gone up to $300, you rn showing he gambled to win, when he lost he was brought down and was to win the Derby. business, whose credit had been wrested from ampled two days it. Fraser Brith was pre-

member of the Club would have lost, 350,000 P-Your aloniation is could not pay, and therefore he was in the poftion of Highland-Fling-went-last three weeks before him by the malleious and wrongful set of the sent on the second day and heard the sam

ming up of Mr. Wobbex, myself and for Second Violin was an attempt to blackmail? decision I remained a

for three weeks, and then voluntarily resigned. correct the nocis pariah above described, and in our opinion the work, but was carefully and skilfully brought defendant

Dear Brandt salt→→I am a merchant and Com. Mr. Justice Wise. Ma Smith gore as-Yss, and I repeat it.

Would you have paid that 850NDO P--I hava outside the pale of ten protection. Repadiation of round in time to face the starter, but not in tim

Huil Will you produce the letter in which I Brat I raesived notice after the trial to attend a A contract that a enters into with its eyes open to get luto condition again and win the race mission agent doing business in Hongkong I his authorities, besides the China

mooling of the stewards when certain charges nothing to do with your supposition, I only

Tpress an opinion on the ionlad I bought iso BAY a mud that, we searocly know where to draw the line, and &aling Jaetico Wise Dys in heavy was the loss for Mr. Frager Smith; and it was bean and educated in Hamburg. My father Mr. Danby, Mr Tong, and Mr. Webbor. It is seked for the pany Pen,

The letter was then put in and read. It made against me would be investigated.

I did not re- 100 Puujoms for 31st August a $40. I was rumming up is there was evidsson that en August would to shown that this was the real sonres of was ou insurance broker. I have one brother not a fact that I gumbled to win on this tran 27th, the plaintif gave istinet notice to the defendant all his malice against the defendant. He turned in Hamburg who is kead ofa mercantile house. Isaction. The only possibility was to lose. The was dated 15th November. 1883. and after did not attend that meeting tint he infonded so rupadinte the shares and would round on his partner, scouted him of being the bave abrother head of a mining concern in Spain, transaction was simply to marks up for a had alluding to the espabilities of the pony, Mr. sign because I was afraid to mast these charges. able to take them ap, but I did not do it not take them. Why he give notice of cause of his fallure, and told him he would rae the His name is known all over Europe among sa sale. I had previously sold to M, Boujanin. Smith anys that he has heard that Mr. have had a good many racing partnerships in was not convenient, as the man 1 and sold them

Me Fraser Smith-Had you but one with repadialios? Plsibly arough her lie gemtided on loss that land how brought about by kia rascality.gineers I have relations in London and in New for August, for 897, and I now bungat for 3296, trandt has been reported to the Stewards for an expected rise, and as the dice tarved the wrong way he was left no other altmative. Drangt On the 28th March, he wrote a letter to Mr. York. I have a sister in Hamburg who is mar in both cases fifty shares. I had to reg halda foul riding in the Champious" sad that he (meaning this plaintiff) play'cu to win and made fo Brandt in which he said that he had taken some ried to the load physician of the Lunatio Ay dalier nur share on each transaction, so that if (Brandt) will not be allowed to ride again in Mr. Hutchings?

Mr. Lichiuson objected to those questions send Ezra P-N. I saw Mr. Isaac Hughes a day or two before,. Ha asked me what I was preparations to cut a lase. And is, subst bating pains to get at the bottom of Brandt's double lam. There is no truth in that second libel as everything had gone right there world beef Shanghai. He hoped that this was not buo ng a race cores for the Rialto' is 'welahing pure and dealing and had succeeded, far better than to my parentage or bringing up. I left Ham neither preat or loss, things would have been it would be a series matter. He then asks being ircolorant.

His Lordship said surely cross-examination going to do about the stars. I asked him to be expeated. The letter then went on to say burg in company with Me: G. Wieler. E stop about square. I had other transactions with Mr. Brandt to send down Second Violin and other

it I-went to Mesra. Hughes and Ezra's offles There was and For issoé In the case mie iese o long as yon got clear away from Hongkong pod for three nonths in Hongkong and went to Grimble and on "Angast. 8let he had 5800 of ponies and states that be can place the bearing upon pharacter was admissible of having carry them over, and he said he would see about recover 381.36, which his brokers, who were also you did not care a onrus what became of me. Shangliai as obief clerk to Lathom & Co. That mine. He had that in hand, and he could to: pony for at least ous race, which would mean regard to the question of damages. A man of the day after the wetling day sad said it would be very inconvenient for me to take up the. Grimble's brokers, and had the usual authority : You know quite well that I was between 38,000 and firm failed in 1987. I then entered Runther firm coup himself in onse of a lost. I wabed to carry $5.000 de $6,990 it the outlay were not large. good character was entitled to more in the squired up scemists between clients who had cross $11,000 to the had at least $6,000 of that sount na stief sterk. I left there in August, 1868. to over the theres till the end of Septem. The letter then went on to state that Braadt slape of damages then a man of had character: shares, and asked them to carry them over I tansactions, had credited to Grimble, but which, hew-wing to your selfish rascality, and you were set up as a bill broker and accountant. I had a bar 30th, because for that date. Mr. Grim: would get half the winnings, and that the writer Of course he was not making any reference to think I offered $1,000 se a marvin. They sid the character of the plaintiff, but he did not they would are the mon about it and lot mo stor, in not of afficient pablic importauer to call for mean noogh to obtain a few hundred dol very good business. I remained in Shanghai ble had bought 200 sugars from me $86. haut no objection to his racing in Hongkong so

eco why this line of "orosu-aramination should know. I afterwards got a letter from a lawyer detailed criticism. Brandtadmitto) owing the money,

not proceed. ad did not show ang just cause why it should not lers of my own money by falas pretences and tell 1885 and then I left. I left Maurs. I anticipated a drop and consegnarly there long as he acted on the square.

Mr. Robinama quoted several cases is suppurki unless I took them up at once. I settled the to say that the principal would call the simres have boar paid, and on this point the judge was very clear away with everything you could lay your Miller and White to wind ap my business. would have been a balance in your. Ae-a. properly against what was men attempt to erade hands on, although perfectly well aware that osmo to Hongkong in 1885 1 mat. Mr. matter of fact there was a considerable fall: The

of his objection.. a responsibility that was not denied," aning I was lined pressed to meet heary liabilities." Fraser Smith in 1850, in Shanghai Holo arrangement was ourried out between myself

Histordalipsaid he did not think the case matter for $1,500. There was another. 100 shares hosides these which Messrs. Hughes thereby the the plaintiff, the said Gear Krandt, was

CINE of 20 106 Bad of no oredit, that he had After going into details of the accounts ed some of my cast-of ponies and arranged for and Mr. Grimble's brokers. A fortplz h after net balanes repzained racing partnership in 1881, in Hongkong. I wards Mr. Gritable asid his broken had no an

bearing on this one. He really thought that Mr. Ezra carried over fors worth by adding half Robinson was doing as injustice, to his client a dollar a amare. On the Aue date I did not take daliberately entered into a contract for the purchase and stating that a of shares without having he mak ske prospect in favour of the defendant of $215, tha letter trained and rode the ponies. We were fairly thority to make an arrangement, I told him to

in objecting to this question. It really gave the them up and they were again carried over h of paying for them tating them up, and the occluded Now to prevent any misunderstand successful that year. I lived with Mr. Fraser sell on the 31st August if he did not wore to

appearance of the plaintiff baring something shares were eventually sold-sad-) paid the dif deliberate intention of speciating the untrant if it mg 1 tall ron plainly that if I do not receive a Smith for about a month at that time. I came carry ofer and charge me with the difference

to hide.

farence. It was a friendly arrangement I was to his advantage so to do that he was in the draft for that amount on or before April 15th down to Hongkong again in 1889, for the Race He alleged that he did not sell than tall the 6th

honght Punjoms from Wong Tai Fong n habit of no acting and was no better than a common

the 2nd August. Before the due date this non- swindler, to the groat infrey and discredit of the id you will have to bear the consequences. I shall meeting. I was again racing with Nr. Fesser September, and at that time there had been a Oscar Brandt.

expose you not only in Hongkong bat in Bhung- Smits and stayed at his horse. I was on in-drop of wix points. Mr. Grimble claimed the There Jose from me but I refused and I won my point,

trast was canonlied. And star Berndt claiman daraages $50,000 ha, Foochow, Amoy, and thronghout the Far timate terms with him and his wife.

East. I think I can promise you that when I was a loss on the whole nieating. At the end of that amounted to some $300. With regard to iny a statement of my case with the necessary the your negotiations wore arranged for the part. the balance in disputo Mr Justics Wis beld documentary evidence before the public through nership going on again in the following year. I that my contention was right, bal that on the the medium of the Telegraph sad before every came down to Hongkong in 1833. The pour ground of laches I had forfeited my right to it. racing tribunal in Chinn, that your racing career we intsuded to win the Derby with was High. It is false when plaintiff states that when has finished. A good arouse has been wanted land Fling. I rode and trained the peonies to bought the bares I had no idea of taking them for anime time by the racing authorities, not 1988. About three works before the racas up unless there was a rise on the market. I was only here but in Shanghai to justify your lighland Fling want lame. I made him fit to able to take up the shares. I did wish the whares being warned off for life. I red roa in start, but he had lost condition and staying to be carried over for another mosta. I did not. power and we lost the race. We lost consider gamble to win Twin able to pay if I Hengkong after you had been condemned as a

watter of fast Grimblo bad the livery stable keeper and unfit to raca with gen ably on the whole meeting. I returned to lost. As

feman--and f have what they require ready to Shanghai in March, 1988 I received the letter money. I never repudiated the onntract. I my band. I have now said enough, and unless you of March 8th, 1883, in which Mr. Fraser Smith demanded an apology for this artis, but I have pay up by the time named, look out! Obtaining claims a balanes from me of $215. In reply to never reocived one money made false pretences is swindling, andth letter I want him is a contra account, show that is the orime of which you have bann guilty." ing that he owed me about $300. I did not send Eat lottar showed the failings of the man him the $216. 1 repudiated the insinuations in after that race. That was the malice that his letter. An angry respondenes followed showed itself in every single one of those libela. till-out short by me in June. The correspond He had never forgiven Brandt, and never would. once, after e silence of abontire months was Toster that in 1865 the spirit was still bara resumed by Mr. Fraser Smith, by a friendly ing strongly in kim, a paragraph from the de letter. This was the letter in which Mr. faxidant's newspaper would be put in. That Fraser Smith asked for the pony "Secund. Violin" which belonged to Mr. Brandt). I did sppeared in 1985; Highland Fling's year was 1983, In the interval a great deal had hap not send Mr. Fraser Smith the pony. Leas

Baltor, Bongkong Telegraph. paned to Mr. Brandt He had formed a busi- down to Hongkong and red in Hongkong, but

**61a, Aving read your leader in to-night's ioane bess ovonection with a Mr. Bidwell. Bidwell not with Mr. Fraser Smith. Mr. Fraser Smith was a man who had great influence among the says in the letter There is some talk of your of your paper in which you shower or viluperative

Mr Smith-I will put the book in my lord. Chine oflotale in Foncho carried on the coming down here and I have heard the ugly and malicious abuse over me nader the guise of You bare bli spirited comment ou my recenteanu. Gairoble,

And the matter was investigated H.My.com-

His Lordship-on't pre aux De of putting same kind of business. Mr. Brandt had been word objection need more than once.

I will make the following statements-

1 do not know what this $7 subscrip "1-You deliberately lie when you say that the case plaint was intrestigated seroral days afterwards.4. The article referred to in theid graph & was doing recently in Hongkong, supplying arm some enemies hore, but without esidenss they can.

With what walt --With the result that the ion may be. He bat answered year question pablished by the defen ant bonds and without and ammazition and various other things do nothing against you. I look upon this as was a gambling as well knowing that my claim

Cross-examination oantibuod-I had an office malice; sed for the public benet, and in the usual to the Chinese Government. Is 1884 Bit an attempt at blackmail. Second Violin had was a moet just one for money wrongly appropriat Stewards found there was not sufficient evidence.

or by tto datendant cacrse of the cwlant's business and daty w A

mulie jovensitet, and was and is a correct, fair, and wall and Rundt were at loggerheads and just got the shaped for gin with--You pervert the truth in your description of They would not got a witnows they required to in Canton. I coupled port of Mr. J. M. de

said procasdings.

they hitted their dispate to arbitration. had just received large offers, for him which those in a examsless mannor, sterling, and come before them. They gave him notion to Silva's house.

By his Lordship-I did not bring the action Bidwell brought charge after charge against I refused. After the races I returned to corupting the various facts proved a clear evidence appear, and as be did not appear the areeling gout for the Telograph in Canton. I arranged Mr. Robinsun proceeding..said, with regard Braudt, and one after another failed. At last Shanghai. I was at that time in businessin Court, and in axola way as to make the whole was adjourned, but he would not appear and they the loan of Tls. 1,000,000 with the Hongkong and in 1996, boosnes it would have injured my pros Shanghai Bank for the Hoppo. I pat througli ponts. I should bars been obliged to disclose to the parties concerned, Mr, randt, who was the two arbitrators gave in a verdict of $25,000 connection with Mr. Bidwell. In the middlo factures appear totally different an disadvantageous dismissed my complaint for want of avidence.

You have never riddan ŝa Hongkong since 7300,000 trels The sew Hoppo put through all my business as I have been now. I was think probably well known to them, was a gentleman against Bidwell. Result Bidwell, and Brandt of 1884 disputes arose about business matters to m

3-You knowingly and deliberately lin again when

the remainder in Shanghai. The paragraph ing business with the Cinase then, and it would who carried on kasimons as a merchant and com- enemies; Bulwell and Fraser Smith friends. between Eidwell and ayasit, and the dia. yon devotes whole half column of Nash te doen.

After the Beugkong laces you want to which appeared in your paper had a great deal to have rained me if I had given publicity to thei mission agunt, doing a large business and having In 1885 Brandt came to Hongkong to prosente pata was submitted to arbitration. The BT strating that I revor had a chance to laks ap tho

do with that. The Hopp and suite stayed at my associatious with us. The suma resson applies done a large business with a Chinese Govern his chim on the award. Part of the money was titrators awarded me: $25.000 nad found the shores in falling market, that I sjald never tako Shanghai with Odawara ?--I did.

You raced with him there ?--You.

hong corner of D'Aguilar Street, I had six to the peregryph in 1988 about the P. R. Cham- ment in the matter of contracts. The defendant left in the hands of Mesara. Rommell and Co. and charges made by Mr. Bidwell were fale. I cats them up, that I played a game of leads I win; wana Cven better known to them, 'n man of he brengat sx notion against them.

Was Odawara your property in Hongkong big rooms and some small ones. Som of the pionship. After to Hongkong in 1895 to try and get this indasy tails you lose," de, de, knowing parfectly weil frem

servants wuré quarteral outside. I was carrying Reed'ho so-called expulsion from doubted ability, man of no deficiency of months of delay the matter was compromised by from Bidwell There was a certain amount of the evidence that I had parhaust those shares to be No.

Whose property was is --Mr. Fes da Silva's. on business in Canton in 1987. I got a contract the Race Clab took plaas in consequence of While these the ones in the hands of Mosers. Bus & Co. delivered to a person who aftergarde hename a intellect, and moreover a man who land bad con- their paying $8,000 to Brandt

defaclier.

Your Infareously and cowardly comparing my What did you estimate the value of thst pony at to apply coal to the Loppa's men-of-war. The letter of mine to Mr. Siva The stewards, tried sidorable experience in the law Courts, whobatão- tedious delays were going on, Brandt having instituted proceedings against them, and tasily

#lien he came down to Hongkong At 150 tuels. contract was stopped when the New Custom ar- to expel me on this tester for infringement of fended himselfably and well in formeractions, who left his bill broking business in Shanghai, look the matter was settled by the payment of $8,000. self to Welshers, your mess and totally antras af

How much did Mr. Silva pay you for him?rangements were made, and the Heppo gave up Rule 34. The letter lauded to ine is a copy of was never at a loss to defend himself at a publie ed round for something to do in the interval. While waiting for the settlement of this task on zy past lite in vague and insting terms,

150 Theks:

his fast. The coal was stored in my godown in my letter sent by the stewards to me. It is in Keeting or obbuwise, and who, he had à doubt, He was introduced to a. Mr. Jurgens ou case I tried to get comes work. I andertook the end other gross insalle skil not be lei painished,

Nothing elsa?--No.

Cantou. rented it from Chan Sau. I made the handwriting of Mr. Dalls, Socrotary to the would do all be could to defend himself. i tkie whose bahslf he took up as against settlement of the accounts of Mr. Inegous, vir.

"You know pertantly well I won by case and costs

Did he not give you 800 for him for the traza claim against him through the Gorzan Consul Clab. It-in-true oopy of the agreement ha case-parbage botter than any other parson gould a Mr. Pitman and another. Mr. Pitman was Jurgens had a dispute against Ho Kwan Sum and on the most ouneleive evidence.

So far my statements. You ham dared to persefer of him for this mooting 2-No.

at Canton. He could not be found: He does, teen Silva" and myself. The stewards did not do it for him. With regned to the law on the gross friend of Mr. Fraser Smith, and with Mr. Pitman. They got judgment against Mr.

It is not a fact that in Shanghai sou after-pot claim any money from wn. I had a desk at hear me in my dufance. case he aped trouble the jury but very little ustim Mr. Brands came into serisas collision, Jargana and he was ant in gsol. I esmakt this enta mo in your vio paper for yours. I have hitherto

Mr. Fraser Swith objected to the letter being that was a matter that might be left to his In February, 1986, out came this het, having time in collision with Mr. Pitais. Mr. Jargens ged you. Da the principle of For Pc angreift wards wold half of Odawara to Mr. Sls for Casten named Chenng. I have not had any

besudelt rich, but I shall put a stop this now. Yo

$1,500-Yes.

trouble, about money with him. I do not owe put in. He did not know that it was a copy of Lurdskiy but for the purpose of showing them been preceded by a notice on the Lath Fabrnary business was with the Chinees Government and have run to the and of your tither faltall give yo

His Lordship-I do not nuderstand that. kín micusy for wagus and office expenses. I had the latter. the genul drift of the law on the csap, he would It was at the vary start.of Mr. Brandt's busi-he was ompeting with Mr. Priman. Mr. Pit-one day to think over your misbehaviour, and

Witness-I will explain. The pony belunged a launch ie 1982 running in Canton.

Mr. Robinson said this was forwarded to Mr. refer briefly to the points of lar to which theness. It stated that with regard to the enit for man was personal friend of Mr. Smith's andanless you publish in your Thursday's lead a most

ward to write for his paper. On the 1st Decem-humble and straightforward apology I shall and ato me in Shanghai. He was a subscription gri- not my launch, it belonged to my compradore. Brand by the stewards, who kept the original. evidence would be directed. In the first place, $7.500 We are informed that some publicly in with regard to the publication of the fibels, torenting dataila will come to light at the hear.ber, 1885, T set up fin bosiness for myself with way to convince you that the law of this colony in and I sold him to Mr. Silva with the op- I do not know it was sold by the order of the He work prednas the latter from Mr. Dallas to

tion of taking him beak after the Hongkong Bank In the antreat with the Visoroy of Yun- Mr. Brandt. which'encl the popy-produced. waslocale reviler, malicious slanderer, and coward! three in number, he took it that the substantialing, which will not only seriously compromisa the object at doing business with the Chinese capable of awarding condign punishment to a

meer ing for 80. Ftook him back after the moet.kan, I was not unling for myself but as agent for Mr. Fraser Smith after looking at this latter I want you to publish this lotter at once, in cefence to the first and third would be that they tho defendant but also those from whom de Government, and also with doing general basi were publisher on privileged carssings. Pri purchased the arms" and that the matter was ness. In Desember and January I was doing a your next issue. If you reftae, that I ahli knowing, and about a fortnight afterwards I remold a ja well-known firm in Shanghai. Tas introduc- withdrew bis objection.

tions to andarine were obtained through my

The letter at copy of agrasment were put vilege in the case of the second libal was untAlready in the hauds, of the Crown Pro fair business with the Chinese Government. I that evon the last ypark of honour and maizes Lan half share in bim for $1,300

Yours obediently, muggested. With regard to that the defendantsoentor. Hace was a thing they would be was introdnoed to nearly all the prominent off left yon.-1

You were in racing partnership with Mr. interpreter and others. I will swear I was in in and read. The latter stated that the writer. OCAR DEANDT appeared to rely entirely on the statement that able to pet before the Canton aulliorities who cials in Canton, including the visurdy. I

"Proya Central, No. 19; Hongkong, 9th October,Silva in Hongkong? No. I was training and froduced to the Vieror. I forget who it was was divortad by the Stawards + call upon Mr. It was not the German Con-Brandt immediately after the decision of cir riding his ponies and had an interest in his introduced me. it was not a libel. With regard to the question were doing business with Brandt, who was was in competition with Mr. Pitman in this 1890

On the 13th February 1986 a''

sulate. I did not know Mr. Jurgens in Stang Richard Renzie, to appear before the Stewards of privileged publications-

competing with Mr. Bidwell-and. Mr. Pilman. line of business,

Cross-aramination contianed-I cant that entries. Hie Lordship-It is a matter for me to tell What object had bir. Fraser Staith in urvation paragraph appeared concerning me, alleging that letter to yon early the following wording. I

Was there not a fleancial partnership P-I hai. I was introduced to him in Hongkong and giro sob explanation as he thought proper the jury whether poblication in privileged or jur this but for the malice in his own heart and an action had been taken against me by Longread a press copy of that letter to sorpral people.

share in bis winnings.

ile was at the time doing business with the Chi- of the agreement, between himself and alt the friendship he had for those other tere mon How to radover $7,500, for brokerage and com. I did not know that you were on of the Colony ship is whura bath parties stand to win or laso.

Was not that a partnership ?-No & partner- peas in Canton. His property was seized by Siles. The agreement a copy of which co- net after I have heard the facts.

foreign attachment, and be asked mo to help panied the letter, was dated 15th January, 1894: Mr.Robinson said he had no dogbt hie-Lord-That paragraph of the 13th February was re-minstone on arme. That was not true. On the at the time I wrote fon-that-letter-

Mr. Sliva and you read at the next mating him. I settled up all bis affeurs. I was not In this Mr. Brandt confirmed the sale of Odewere prisiel in Shangbai. They happened to be able 23rd February, appears the first libel complained

I now ask you to produce your books showing in partnership Yes. I owned half of Odawura aware that he had left Chaton with $21.000 be to sir. Bilys for to cozdition that Mr. Braudt to produce the Mercury in which the paragraph of in my petition, in which it states that com

You had some trouble with Mr. Silva, prior longing to the mandarinu I do not believe it was to ride and train him; was to have the was reproduced under the heading of An old promising details may be expected to be disclos your share transactions for the hat Racing Man in Trouble The learned coausded, and that the matter bat been placed in the and your bank "book for the same period to the Jass meeting at Shanghai, on funncial is tras Mr. Jurgens had been with Mr. Pit-option of reparshasing him after the Hongkong

matters P-I do not think so,

man formerly. He left and took many of the meeting for 250; and was to get half. the pony's if they kept to the truth and novely or then resed several extracts from 'Sporting Gossip heads of the Crown Pracontor.here is no have not got them hare.

Toa bad ne serious trouble with biza ?--To.. ontracts from Mr. Pitaau. Mr. Pitman joined net winnings, including stakes, prize, and pressed opinions that were warranted and fair,

Did not Mr. Silva threaten to draw Odawara with Ho Kwen Bam and by means of a prami lotterie, la undertaking to hack as much are privileged. On the offer two owas the jury would see that the malice of the writer paragraph 3 went straight to the Police Court, sions he had no doubt his Lardship would who attacked Brandt there, who called him a but found that no proasedings and been instita-books!

altogether, from the races P-I do not reallust sory note they got a judgment against him. as possible and the waps to be entirely Silva's When I was in your house in 1882 I have seen property, but to be valued and such value pul tell the jury there was no privilege. On tinker" and alluded to bad jokership, brutal fod thoro. No further proceedings worg taken

his doing so.

That would have been a serious trouble would Mr. Pitman come into your office and road proofs to the predit of agent.] the quation of malice. In law malice was riding, and burlesquing of reco-riding as tho in the Civil Court beyond the filing of the writ

and write articles. The papercompany was never

Re-examination continued Before I raced ammed if the occasion of publication was not sa malico, a sppeared in the paragraph Mr. Bidwell sout a man to me to say that the

it not It would. privileged. Here malice was alleged, and it was quoted in

Did you write to anyone in Hongkong about started as a workley over. I was paid 500 the pony is. Hongkong I showed this agreement the petition, and, which was

writ would be withdrawn if I paid $500. I did

quarrels with Wr. Silmat that tina P-I may as to indemnity to pancel my contract with the to Major Tripp, crk of the course, and Mr. their intention to bring evidence before the jury maket to injure him in biz business not pay the money and no more was heard of. to prove malice, the vanson for that being that What zonat the effect of that libel of the 23rd the cass. Mr. Jurgnus showed me an envelope

have done so. Me. Silva was a very hot headed promotor. 1 registered the company in Hung Bell-Irving wis of the stewards, and they were and vaniaskerous x.

kong. There was somos land purchased from me satisfeil. I got a formal noties from the ato- the malica was an aggravation of the offence. February, 1886 have been on the people who sent to him by Mr. Bidwill, containing the paper

Nr. Fraser Smith--I hava alleged that plais-

Allow me to refresh your manory. Is this by the company. It was not a fact that the wards at the Blanghai Esou Clab to attend the In this case they said there was a wilful slander, were dealing with Brandt? In tint your Mr. with the paragraph and same printed slips

company was act started becanes lie land was mooting. I Bually sout in my resignation to and time being so, they world aals the jury to Brandt had been doing business with ChineseThe latest Relist-Isgo on Toast, lago tiff has gambled in shares which he could not

The ferter was put is sud road. It was from rot without bagal justification. The land still the Club. I was than a rombar of the Shaughai give such damages se would mark their can of high standing. He was able to negotiate a Relish was a name Bidwell inrented for intake up. I am omitted to bring every legitur handwriding banding a letter) Yes. of the wrongful intention of the defendant.Loan for the Hoppe for a million, laola Three I know from my own knowledge that Mr. Bildete means to prove that

His Lordship-But you refer to this trans. the plaintiff to a fr. Spratt in Hongkong. It belongs to the company. "I began operating | Club nad-nes so stil. No complaint was ever

stated that the writer was disappointed with out the share market in June, 1889,

made to me before about this subscription for The object; therefore of a good deal of the hundred thousad tasks of that lean war put well was on friendly terms with Mr. Fraser

Hir. Bilva in every respect, that he had not What was your capital at tline time 7--About vulles. I was under the impression that goutle evidence would be simply to show malies, through and a profit of 88,000 was made by Smith. I see the copy of the Telegraph handed Mr. Smith - I refer to his transactions gaze in every op de warm, and that he 35,

men jackoys from Shanghai were considered as and extracts from the defendant's newspaper Brandt on that. The whole transaction might to we of the 23rd Febensry, 1885, with relation to

Have on way record of the shares you sold for guests in the notes rooms. Mr. Sampen wreta would be produced with the object of alew have been worth to him $20,000. But if such a paragraph in Sporting Gossip" concerning rally. I referred to this particular one as a cass and the writer a penly-declared, onsiny. Mr.

Hatchings, ware putting their heads together forward delivery in June -I have not.

to me to ask mo whether he could give informa- ug a systemate course of libel of the plain-bele wers put before the people with whom he the performances of Odawara in Shanghai at pulut.

His Lordship allowed the question to bo pat. Iver something, and further stated that Bliva's You are an accountant and a busisiess man ?- tion to Mr. Fraser Bwith concerning the tran wilt by the defendant. Besides the question of was dealing-that he was able to be presscntaked Mr. Frazer Smith who gave him the in-

Witness bank at the Chartered Bank. arrangements for backing Odawara were child Yea

suoi fons he had put through, and I said certainly alice as afuoting the amount of damages toed by the Crown Pressentor were they golag formation as to roy empabilities as a jockey. He

Do you wish the jury to believe that you did if he gave me a copy. It would have been im be awarded, there was also the question of oum to dad with this sort of man P. Ha bad put part told me Mr. Bidwell In the paragraph, I be know you by sight before 18) I sm quite fish, stupid, and antagonistic to Limsalt

refer to me. sizes, wo`rased together for the first time in

At this stage the case was adjourned till the business to the extent of $1,800,000 without possible for me to bare lost $80,000, as bad I pensativi. In this case the greatest injury had of the loan through, but there was still s pro-are the expression "tluker

keeping a reprd I have the materials to make on the market wagering I should have covered heen done to Mr. Brandt in his transactions as it to be made on the 700,00 aels, when an Ar-When I established myself in business in Horg-1881. You did not parolase frus 100; under following morning.

up ihe books, but I have not had this time,

in time to prevent lisa, I.1 had been bankrupt a man of business by the libals published againsttiole by klx. Fraser Smith appeared. That ar kong. I had an office in Conten. In the year ourtain conditions for that meeting, Dundee,

14th February bim, bis business having been drought practical-ticle appeared on July 12th, 1886. That article 1896, I put through a loan with the Hoppo, Second Violin, and Lord of the fales. I do not

Did you not before Mr. Justice Wine awear everything I own would have been available as ly to a standstill. Where he was Ermerly in mid that the starting announcement that a The negotiations were for TR 1,000,000, know whether you declared any confederationi

bare Stewards of Jockey Club. You The droen-examination of the plaintiff was that you had destroyed that look -I did ke passeta. My inheritance from my mother at home the position of a man whe was improving daily silver loan for Tls, 300,000 had just been trae The 300,000 was to be put through at once and tore to the phase matters, cannot sweer continued I said postordoy, you were indebtail mers. book, which was produced. The oppo- is worth about $10,000 on On the 19th hia edit and reputation on the Eisits the acted for Chinese Government through the this was done. I made a profit of 28,000 hat it was azucily & worth that I stayed will to me to the amount of 3500. I have looked it ing solicitor made a study of it, and when I got kong personal state and goods. On the 19th publication of the libel quined bie credit and re Viomy (that was merely a bit bad inform for putting this part of the lown through. The

Mr. Justice Wise operations were comparatively small.. patation for the time being, and it would be eation, as it was not the Viceroy but the Hoppe) remaining Tis: 700,000 was not put through.. The you in Hongkong, I really encnot my how up sins and find it is 822781, I see the account ban that uight T destroyed it to prevent any. July, the date of the contract with Grimble, my Daniel Edmond Caldwell suid-I am a solicitor long time before that relation could be stab and the Hongkong and Shanghai Barking Cor article in the paper of July, 1886, prirports to dealong. The ponies wore trained by my directions. for 1983 handed to me. It showe a debit bane else spying into it lished in the same flourishing position again, and poration through Mr. Oscar Brandt, afforded with this matter. The losa had nothing to do? We raced together in 1882. There was a loss on lause to me of $169 I may have roosiced this and it was a wrong thing to do. I can tell you

wtat Bugar sold in Jaus for forward deli practising in Hoogkong. I vas solicitor to the only way in which that could be satisfactorily room for serious reflection, and it then went with the Vineroy stated. The article in this the masting Preliminary arrangements were but I do not admit the liability, v

His Lordship asid ba thought it was common very. Tsold short in Jure and before the 12th Lam Hon roforred to in the paragraph of 23rd accomplished was by showing in open Court the on to describe it as pretty piece of business" paper was translated in Chinesa. In 1887, I made after these races for meing the next year true circometacoes of the case, and by getting which reflected very small red wither on was still carrying on my business, I had a con- together. I promised to fad you a pony for ground between plaintiff and defendant that the July about 550 Sugars for different dates, Isleo February 1888 I bed a writ for bie toolaim Wharfs, 170 Green Islands 200 Punjoms, first asked me to sat in this matter. I told him from the jury in expression of their opinion as the Canton officials or the Tank mango treet with the Chinoso msn-of-war for cont. the sweep you and entered into with Messrs.accounts were not an issue in this case and sold short 128 Land 15 Steamboats 275 27,800 brokerage on isle of arms. Mr. Bidwoll to the super in which the defendant had treat mort and asked if it was becoming the I was trying to obtain a conosion of a wharf Chater, Forbes, Kerfoot Hagher, Hutobings, might be excluded. ad this plaintiff. Before dealing particularly dignity of the empire of China to atoop soix Conto One of the importent errux sont and MoCulloch Highland Flag went lime Mr. Fraser Smith said he would withdraw 60 Chinese Insurance, and 100 Banks. Some of I could ut do as aules instructed by Lam with the libols themselves he wished to lat the low as negotinta paltry Inns of this was to deliver pertain niidavits from the fore about three weeks, before the rases Highland thee asosante and proceed in another eat to these were for the sad of June. 100 Banks, 50 Hon. Afterwards he brought Lnm Hon to me. Sugars 50 Lands were for the end of June. I At Mr. Bidrell's anggestion Mr. Francis was His Lership said Mr. Fraser Smith must made 3000 or $710 profit of thees.

retained. The matter did not proved farther. jury know something of the antecedents of the character in this fashion" and by one who had shore proprietors An attempt was made tong did not wind the racs, and I believe that recover plaintiff and the nature of business he was earned for himself an unfavourable notoriety. Enborn my confidential agent in Caetan by the cause of your animosity was in conseguenes!

What was the aggregate value of these shares I was not disposed to give credit to Lmn Hon transacting at the time the libels apon him He (Counsel) put that forward as showing that means of a promwory note sigsed by Mr. Fid of that. I left your hours in a perfectly friend remember there was a Statute of Limitations

Ur-aminetion continued-The trap in you all short-As a rough estimate about my chief interpreter did not know him. I wea beror instructed to proceed criminally were published, no which appeared in the makion of the man was still pursuing Mr. well. In the year 1889, I was endeavouring to manner after the races of that year. 1888, other in 1888, and another in 1899. Brandt and trying to injure him in his business start a paper koskafactory bere in Hongkong. Was not the case of our difference the ob that letter which you wrote to me was contain: 3300,000 cẸ $400,000.

It must be much more than that. It must be aginet Mr. Brandt. I never spoke to Mr. Smith Mr. Brodt, was man of good commercial stend capacities. Mr. Brandt would tell them that this All the capital was subsoribed. On the last day, taining by you from Mr. Chater by false preed in the enquiry as to what price 1 could povil ing and family. His family was as good probaridae about the Viceroy, or the Hoppo, and the of that your appeared the second fibel dom tenses the men of 3109 belonging to me, and down 100 berses. I wrote the letter handed to over a million dollars. Did you sell in July about this matter I do not know who gave bim hly sa that of any of the gentlemen in the box, dignity of the empire of China was trapolated plained of. The first thing I heard of it was

Rahman Elina Torg and I wo parizer in from Mr. Mortimer. Murray, the sun of 3727 me in reply to one of yours addressed to Mr. through Mr. Bampson alou 550 Sugara-Nat He was educated in Hamburg and came out from into Chinese, that it wont before the hinge by means of a rather extraordinary lufter I-Certainly at. Idid collect these monoya bob Bidwell I remember Asd difference with before the 12th July,

Mr. Silva before the Shanghai Races. Odawara | Was it not gambling for a fall or rise-It the firm of Toeg and Gabbay sharebrokers. I have dons, business with Mr. Brandt. With the Hamburg to China in 1863. After a briet stay authorities, that it made them angry, sa they received from the New York Polios Casatte not in the way you suggest

Did not these moneys belong to me P-They in those, Baces. He ran in the Criterion was operating the same as you do. in Hongkong he went as chief clerk to a firm is did not like to deal where the dignity of the em. There is no truth in the statements made. To

azception of the Grimble case E have never had. Stakes He was rkiden by myselt al vame in Answer my question F-I have answered it. Shanghai Ka renmined in that firm till it fail-pire was likely to be lowered, and that the Tis, the best of my knowledge there is no other did not.

Is this latter in your handwriting P-Yos sadond. Ho ran in the Racing Stakes and came You Rald that you have made a proft of my trouble with him in those transactions; no- thing to speak of. Mr. Brandt sold 50 sugar. ed in 1847, when he entered into the service of 700,000 was pot put through by him but was put person of the name of. Oscar Brandt in Hong another firm. He left the service of the second through in Shanghai by wire In 1887 Brandt Long.or China. It states that I was an apirant Did you with this on the 10th April, 1984, Im reoond. 1ke next day be ren to the lung $80,000-Yes-

Had both traumotions been carried out Mr. form in 1868, and then set himself up in business was still doing business with the Chinese. That for the honour of the P. R. Championsaly. This was perfectly justified in reisising the two hai Stakes and again finished second Heagain If the market had gone against you instead of to Benjamin and bought 50 Sagars from Grim Brandt would have come out square. Benjamin as as sountant and bill broker, and carefed on year he was naked to negotiate for a concession of letter I received from New Terk was dated No we all accounts from Chater sad Mortimer ran in the Champious and came in third I with yon codid-you have paid 580,000 F-Proble a good business there, in thaea capacities for a wharf in Cato da prios was stated. But rouber 19th. The paragraph, after ridiculing Murray. If everything had been squaro I should think. On the off-day I remember I wanted bibly, I onuld

my transactions with Mr. Brandt for buying and long time. He left Shanghat In 1865, putting somebody got at his sonidential man in Canton, my personal experience, says "I have never och hara paid you what belonged to the truck." I toren bin in a smell race and Silva objected to Your said you had only $5,800 In the Bank, not able to take up the shares. The amount of hi badness isto the haude of Messrs. White garohim apromissory note for $5,000 on condition my father and I am doubtful about my mother." not that saying that the money is mixe No, his going in at the last moment, and I withdraw yes.

bor, for cashsad time, emsant to $850,000. Of this and Miller, bill brokern. In 1878 Mr. Brandt that certain sfidalia, the production of which From 1981 to 1898 Z was on intimate terms I say it belongs to the book, a joint account him. It was not the general opinloo be hang. What other tears and properly had you - tiling, shares from the 30th Jags to let Uste

What word the terms of one partnership hai that I had either palled" the pony or had bloot to the guest he thought it was a ques sumant the seal transactions amenet, te shout. had joined the Bhunghai Eace Club, were necessary for the carrying through of the with 1r. Fraser Smith. I bad often spoken to

His Lordebip sld be

$55, 00, or a little more. At the end of last year," It was in the summer of 1880 he mat Mr. soheme. should not be produced. They were him of my family and had also shown him Jet That Ishonkl supply the ponies and you ware to lost the races by had riding. Mr. Bila was Che Fraser Smith in Blanghai, and Mr. Smith par-produced and the whole thing fell through. tore from my mother. I to legal advice on go in for the gambling. I got era third of the only person who threw out each an insinuation. tion which shanit be answered.

Is it not a fact that there were difference bainuff I would rather not, my lord, the Mr. Brandtdid not owe me any money. I have had cbased oma ponies from him and made over. The promissory note was sigued by Mr. Ridwall the matter of this libel. The paper company profits I had nothing to do with the betting.

conseqnsugs would be very injurious to other fren Transactions with him ince then. I have tares for a rading partnership for the following and by another, who would be called if any oyid- fail through and was not started as a working Everything was to go to your scermat, the two your-Yes 3.

read "the article in the Hongkong Telegraph of people year in Hongkong. In 1650 the plaintiff and eroe was required on the point. In 1888 appear concern. I had sundo an engagementwith the com- expaven of the ponios being paid by you and I

Yes

His Lordship-And if I admit it, and you re the 8th October. I do not recollect whether defendant were scoiated as partners for the ad the libel in which M. Brandt was described pany and I received an indemnity from the obiot-1 was to get one-third of the profia.

ship would tell the jury when thefacts were bo

fore them that there was no privilege whatever

in any of these casas except the but, where there

were judicial proceedings and where comments.

in the Hongkong Telegraph, in which, he said, truth whatever in the assertion. On reading the

I care you.

Then I will kara that till turrow.

months

His Lordship-Had you notice to bring these

Witness-Yos, my lord.

Lordsbip-Ther you must bring them whether the other side are entitled to see them or not is another matter. Bring them fvmorrow. Cross-examination confused-Whore do you

baak?-I object to that question.

His Lordship do not see that it is material

tion only.

-No.

had

And were they not referred w arbitration

It was

the information which appears in the paragraph.