1903-05-13 — Page 2

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Page

9

INTIMATION

THE HONGKONG DAILY PRESS, WEDNESDAY, MAY 13T, 1908

| subject these persons invariably replied that the reason they preferred to immp the journey was that the railway was too dear. The correspondent commenting on this

A. S. WATSON & CO., fact, goes on to reauric: From Shanhai

LIMITED.

WINE AND SPIRIT MERCHANTS.

ESTABLISHED A.D. 1841.

SHERRY.

Pariz. Por, bot

B. SUPERIOR PALE DRY, Dinner Wine, Green Senl Capsule

C. MANZANILLA, PALE NATURAL SHERRY, White Capsule

CC SUPERIOR OLD DRY, PALE NATURAL SHERRY, Red Seal Cupaule...

$12.00 $1.00

1350

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It is expected that wireless talegraphio com munication will be available between Keelong (Formosa and Miyo (Soath Japan) early in July.

The Earl of Daarayen estimates that under the most favourable circumstances the landlords

TELEGRAMS.

*DAILY PRESS" SERVICE.

[FROM OUR CORRESPONDENT]

will lose £100,000 a year it the Irish Land Bit SHANGHAI AND THE NÁVY becomes hw,

The St. Peterburg norepapers consider the rapprochement of Great Britain and France implied by King Edward's visit to France to be a sure guarantos of the poscs of Europe.

A special London telegram to'ths N.-G. Daily News sam: The opposition on the part of the Unionists to the repeal of the Corn Day is growing formidable, The Times advises the Government to reconsider ila proposal."

"kwan to Peking, third class, which means an open track, unprotected from either "cold or hear, costs, I believe, about five "dollars. Before the trouble [ie, the "regnt hostilities in North China] it was "a little more than two dollars, and then "they rode in a comfortable second-class “carriage. Nowadays poor travellers find "it pays them to walk the whole distance. Fududing the cost of food on the way, they can get through for about two dollars, the difference saved meaning a "great deal to a poor man."

The open truck is also strongly objected to, aut theres, lo gone up in any cases several The price of land in Singapore, says the Free people wouler why the Viceroy does no howlred per cent. within no great lapse of time, T20 h the fares, holding him, and not the and auction sales rates show no tendancy to

Reilway Administation, responsible for the abute the rate of stewly increment of values, highrates charged. It is to be hapol, if the

The Juguta. Mail understands that Captain railway is to be made popular in China,

H. Fraser, of the NYK. Koanga Maru, lask that low fires will be chargel, or it will soou fall eut of favour, for though the Chinesa kave riding in any kind of vehicle, from a wheelbarrow to' a landas, and will pay to indulge their faney, they will only use the railway until its novelty haż word off unless they find it to be an economical means of transit. It is not likely that the goods trafic will at first be Jargo unless

1000

1.40

1. VERY SUPERIOR OLD PÁLE DRY, Choice OH Wine, White Seal Capsule 1500

E EXTRASUPERIOR OLD

PALE DRY, Very Pinest

Quality Coll battled. Black Soul Capsule

27.00

150

2.24

B, C, & CC are scellent. Disur Wites mines are develop and a large mineral tenthic takes plans over, them. Theqantia source of revenue on test lines in China

D-and E are After-Dimer Wines of a very fit Vintage.

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LEAGUE.

SHANGHAI, 12th May.

At a large and enthusiastic meeting of British residents to-day, Consul-General Mansfield presiding, it was decided to form a branch of the Navy League.

REUTER'S SERVICE.

RUSSIA AND MANCHURIA

LONDON, 10th May. Rehtor's Agency at Peking wires that the official who sat the newa of the occupation of

SUPREME COURT.

Tuisday, 12th May,

IN ORIGINAL JURISDICTION.

BEFORE H18 HONOUR SI Haney 8. BERKELEY (ACTING CHIEF JUSTICE).

ACTION FOR FLANDEE.

would not ask for full and x ill less for virdie tive damages but for damages enough to stal this ent. He did not want to pat suoney in his own pocket out of this thing at all, and whatever damages the jury gare hím volt be banded over to some charity. The saad bad injured him very seriously in bus boni ness, had affected his reputation amesgut his relatives even, and of cares stengi those who were ignorant of his privato sos

A case was called in which Francisco-d'Am. and did not know the real truth of the raster; i Gomes sued Antonio Simplicio Gomes, jr., for and it had caused him the greatest pont distress. Speaking in quíto a loose mannerka $20,000 demages for alleged slander,

$4,000.

Mr. E. H. Sharp, R.C, barristor-at-iswahould think $3,000 would broadly meet the (instracted by Mr. H. W. Looker of Megers, damages or certainly unt less than $10.0 Deacon and Hastings, solicitors), appeared for

Mr. Slade contended that it was a role alata i (the plaintiff, and Mr. M. W. Blade, barrister-

Bar that counsel in addressing the jury in aud at-law (instructed by Mr. F. A. Bonner of

eases should not specify any sun. Mósara. Dennys and Bowley, solicitor), appeared for thedefendant.

His Lordship did not think a som had beg specified.

Mr. Sharp said it was only in quite a loy manner thai he had referred to the matter. Ex went on to state that plaintiff was defertit

& Co. and was also a director of the Sta uncle, Plastiff was senior partner in Branta boot Co. and was connected with tem

ably known to the jury. His standing t high amongst the Portuguese commmity t generally in Hongkong. He occupied porálisze, of trust and had held power of attorney & 20 or 30 parties,

buen promoted to the commend of the European / Staphs that the occupation was tempomcy and a special jury, a standor case will be tried in othors. No doubt he was wol and tareas!

liner," Kurcki Moro, and Captain W. Seal iuster, d the dotges Maru, is given the command of tbs Karsaga Mars,

The Jura (74997 Jares that the British stounger Girakkiet, which was docked at Uroga ou the 14th ult. for puiating, suffired sorna

damage through the crisan baving given way and allowed a considerable volume of water to

rush in, ing steing vids of silla strain to th vesel na sus lay exposed. The painting of thoug ship, which was to have been completed in twe

GUARANTEED SUPERIOR XERES ill neessarily de the carriage of pesedis.com equently took two days bager. Messrs.

WINES.

The following Wines, bestiled in Purope, have been specially selected, and proenced from the celebrated firm of Moses. Ga G. BANDEMAN, Sigs & Co, of Londor, Oporto und Xons ---

LIGHT DRY

Perdog. Porld. $14.50 $1.49

SOLERA...

24419

VERY PALE DRY

24.000

2.099

200

FULL GOLDEN

27.00

PALE DY NUTTY

FINE OLD BROWN

CRON

-1000

250

#50

:

MADEIRA.

GOOD

Perde MA 81650 1.40

FINE

į

sengers, and they will have to be catered for both in regard to bomfort and price. Open treks have long been abolished in

civilised entries, mel it seems a pity that mag should be atraueed iuro China,

Tas the Chinese who are charged with areig in connection with the outbreak of fire in a tool ce shop at 1787. Queen's Roul West, on the Eth salt, were yesterday at the Magistracy committed for trial.

A Leadeta despatch of the 14th alt says:- A terrill outbreak of smallpox has eveniral in the island of Saghofion. The fanrials scaren ly kop paarith the death,

The H-a. Treasant of the Alles Monorad! 22 Land Neierside Hospitals bega to prkavalelge

AUS. PATTINSON & CO.

TIHITED.

THE HONGKONG DISPENSARY,

site car RASPUNDENTS.

cworst fare and the

mes and muita kraty we u bli ve Italie 1Ader

with thanks the following d antions to the fund- of the ibpitals:-

HE. Pellek. Eep. 6.0.

Alagila de Castro

IK Holly

Wang Hing

10

Sizbog visocal plane were nolife I dariar Time twenty-four hoursoft fel a unon yesterday. All wore ital. Thirteen were Chinese, I Japans, I Indian, and one Baby, Wa La puestion, it decade good that her for the return that one holy was found the wharf at Bearington Canal, sul five others in various stro tand the Colony, one of them being and caption pour caton empleost Patter Pianos doido human #aatati a Road, the Peak.

All dimees for pudtagetian should be wette otom

Apppoerd de other pagore gf Teistorted.

11 mm, minigoj ambassation. After thuat houston gdy de bent di thily - splint for Cashu- Telegraphed Aldreser Piuss Codes: Anja, 50% 154,

Like PO, Ber. 3, Jalankias No. 12

Che Daily Press.

;

FTE

polar (11

Taming of vach ober's txugalees vars

bafasurit diversion ko nest su people. The pastime was in huge in at West. Point the other mater and the lid foling engendered enlun bant-din was explangeud words, bulthes, and beerst bing els⚫ that ens han jy. The Water Police in torvosael, and a couple of Garena Crimes: 14, DesVorux Boan Chy; thy slabore were taken to the stationi. "Alafooru Lumos Opften: 1 Prene STREEF, E.

the Magistrate pestering they were bound overe to keep the pear for six months.

The British stuper Bapon (Capt. P. T. Fan) which arrived in the halour on Mear- day fou Anetalen die part, left Sydney on the 18th n', and editedat. Brisbane. Tawasville, and Caras, where a say of thirty hours was qurfe toruable the passengers to visit the Barron Pails, one of the most beautiful sights in

HosaRosa, Bh May, 193,

Le the railway is ever to let a pain valent fimmcial encross in China the faces for priss sengers will need to le bow, and i will ha, desirable, if tout imperative, to allow them to carry a good pectity of baggage, por sildy far won than is permitted on rail- ways in other couatness. The Chinese are vécustomid to travel long distances their rivas and carvel's for very small färs, and They carry with then not ondy their personal baggete, hat usually som litla'ba ling. venure as soil. The scene on the lower deck- of the stenders on the Cauta River forcibly illustrates this.

Almost every passenger has his little, heap, of bag gag, which f is allowed to carry free, though if sent as ergo it wouldest far won than the passage money of its owner. But it would be a mistake to insist upon. these people paying for excess of lagauge though most of them wall so he charged In a radway train space would he more valuable, but the Chinese traveller would, all the same, want to bave his little changes in the shape of baggage. Would the rail way management" "be prepared to emcee it? That is the question, and it isanesthat is well worth the consideration of thosE

of our

in

At

|

Jarling, Yatheson & Co., the Yokohanui agen tu of the statuer, are reported to be claiming Idam es fem th Urags Dorkyard Co,

that the Russians leave again withdrawn.

Mr. Slado and that before the jury was called in this caso he would ask his Lordship's attention to a pasengo in the China Mail of the previous night which stated that “At sieron c'clock, to-morrow, before His Honor the forts at the mouth of the Laou friver, tele-Sir H. S. Berkeley, Acting Chief Justice, and the Supreme Court. The parties are Francine d'Assis Gomes (plaintiff) and Antonio Simplicio THE TRANSVAAL LOAN, Gomes, junior (lefondant); the plaintiff is

presented by Mesra. Deacon and Hostings sad Losnow, 10th May.

defendant by raars. Dennys and Bowley The Transvial loan list is closed. Subscrip. The amount of daim is $20,000, and the defen tions amounted to between 1,200,000,000 andant had paid the sum of $200 into Court." EL500,000,000

As his Lordship knew, it was laid down in the Code that Where a cause or matter is tried by the Court with a jury no communication to the jury shall be made, until after the verdict has been given, either of the fact that money has been paid into Court or of the amount paid in." He had no doubt that the newspaper was absulately bona-fcie in making this statement. But, of course, it clear that the Legislature bad dirósted that the fact of payment into Court and of the Bount he ought to dear his Lordship's attention to should not be divulged, and he thought

the fact when a newspaper made that fast

RESULT OF THE JUBILEE STAKES.

LONDON, 10th May,

Ypsilante. Date of Westminster. ...Anzali.

THE NEAR EAST.

LONDON, 19th May. The Porte Ting desirous of avorting a the Hon, C. E. Davies, M.LC. Mrs, and Mislict with Bulgaria has modified the terms Davis, who arò pracendig fre a firm werke

A mower the passungponton flessos, Bogien ara

tour in Japan. Mr. Daar is our of tim pros of the note of the 6th May, pristers of the abort Mering and honorita

was

Massaimans have attacked the Christians at public in the most conspicuous manner.

His Lordship What section are you refer zing to P

Moiland l ides Long a member of the Tasmania ¦ Momster and killed a number of them. Parliament builds a distinguishe position in

THE UNITED STATES AND, RUSSIA. the Masonin world bing neatly installed for the ith m as Grund Jader for Paon mhia, Me Divinis also a proeminat un smber of the (taring onmyung, as Prosition of the dowlings Agriful and Pastoral Selony of the state.

pong ¥ de writes-II. M. dagship long paid Alevéesgoskust on the dive, says th : M.-C.

a vial to Sanking last wesk,aullent that pert für Wuhu at 5 am, no Sunby, the Bed May in company with the taily, the Adminat ; however, huising taken ap lisy marienk on liard s The former. Both an-of-war wire, fo start from Wili early on Monday oral caperettei to Penrh. Hankow on 'fanslay actor. Two Admiral had determined to amelior the Gang on rise. Washing sig of the river,! so as to make it convient for official visits to the Vicmoy, and at lewands the A luiral wil

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!

LONDON, 10th May.

Mr. Hay is princed that joint action against Russa is unnecessary and that the Taited States will observe an attitude of obxar.

vance.

THE OUTRAGES AT SALONIKA. F

LowDoy, 19th May, 3 The Porte has requested the withdrawal of funigu warships from Saloniks bacuase the papalation might misinterpret their presence.

SMART RESCUE AT SEA.

As he North German Lloyd- 68. Kiaulson was on her way down to Singapore from Hong transfer his flag to the dry. The dipship kong, the Strade Tiars, says, one of the saveti is das at Woosung on the 12th, and will be class passengers, who hart apparently suddenly detained by some short time caling, but it is gone insane, jumpet overboard. On the alarm sang bend that she will be bis on the 14th being given, the engines were reversed and a bar. W-wing, whinna shi will prinsed to bent lowared and within twenty minutes she hid WILLIGA The Admiral w

go up to!

picked up the man and got hack alongside the ship again. The other passengars are loul je į teir praise of the smartnes with which the resone was kommplished, and a naval officer

ngo.

ongst them says that it could hardly have bren excelled even on board a man-of-war.

* REMITTENT FEVER."

i Singhus in the Alcdity.

The death is reported fromdapan of Marquis The demused gene JU. de Netsbrini Gonzara.

tleman, pays the Japte Med, was a nation of Dalmatia in An-tria, having been boyli at Zara. bất his father - was born in Ancona, Th« Marquis andis engineering at Munich und later at any and entering the Austrian

The barteriolerist for Singapore will shortly maval servires came out to Japia many years arrive, gya the Fore Press, and will a doubt In Es he settled in Tokyo, bat a fesad plenty to de, if onlyan examining the blood vostes later in posed to Shanglesi. returning is of persons auffering from what is called in the the early sights to Japan, which he dever returnereident feree." In Penang last Ishan E nuple your there were 4.11) deaths, of which “renit- julied afterwards

pagment in Tokyu as a traditor and is tent fever" was allegial to be the vaas of the greatest number, etl2; phílisis 587, diarrhoes preter. Poing preint in last five las guages, and finally soun: yatra ago he was 477, and other fevers 470. The Municipal app-intele set in these capacities at the Health Officer his report writes as follows: Kuningawa Keuches, wipere, indeed, his orries "The disease which caused the grostest anin- wire really those of b Jorvīga advisor. The bor of deaths was Remittent Fever.

Lack of knowledge of the extant natries of the diseases so classified, rester it difficult to suggest monas of reducing tha death rule from this cause.

A

Queensland and situated 25 miles inland. Part Darwin. her the ship als exiled, a

Many talks in which 2001 Australian bri | döccused gentleman was the holder of many glows took part was giren for the benefit of decorations as well from the Emperae of Japan visiting passengers, who provenured it as from other sovereigns. He was born ir

well but very interesting sight.

A February, 1859, and was therefore 53 years of number of the cases are doubtless' Badaria!, to Capl. MeArthur the age at the time of his death.

others Enterio, Phthisis or Pneumonia. prisoziation

ther research is required to anable me to find occasion of his transferen at Manila to thxa Australian formed a pleasant incident

on what these Remittent Ferers are, and tho of the voyage, and is descabat in another

sume may be said with regard to the 170 other column,

fever cakes,"

打题

PRESENTATION TO CAPTAIN

· MARTHER.

CRICKET.

Fur-

The 48, Empire from Australia, which leaves The Chinese coolie is generally, regarded ng this morning for the northern parts with a ful the maboliment of must kinds of nuisances passenzer, but is under charge of Capt. Hulm

ABMT ORDNANCE CO. . 80 CO, IA, but it is soldown that he constitutes himself a who relesed Capt. W. G. McArthue at

This match is played at Happy Valley on menace to life and Hub. A case occurred the Mouil. Just before acrival at taaila on lady ra a narrow chod of suffering serious faul ether afternoon, howeur, where an European Friday last, an excellent concert was got up as Saturday and resulted in a victory. for the Capt. MeArthur who was Ordnance by wickets and 5 runs. The win. conseqares from the criminal carelessness of changing the ss. Austration. During the ner made a dissat rous start, but the batting of one who was presumably a native workman evenings & presentation address with a purse Bradford saved them. Skinner performed the on the new naval hospital at Morrison of sovereigns was handed to the Captain by "hat trick" This match concluded the cricket. Hill. above the Wesleyan Chapel. The the Hou. E. Davies, M.LU., of Tasmania, season of the Ordnance. Scores - lady and her husband were getting into who ou bebuff the passengers thanked Captain. their rickshas at the top of the bill pest Morikar ke his courtesy and attention, and the chapel when a brick suddenly smashed to in complin estary turias referred to the manner in which the comfort and pleasure of the fragments on the ground not more than a

who are constructing railways or who are couple of feet from where the lady was standing passengers had been considered by all, includ anxious to do so. The correspondent The missile had evidently come from the top of ing the offers and stewards, General regret Shanghai morning contempo the bill, which is of an inconsiderable height, was expressed for the severance of the picasant rary at Yung-ping-fu, writing on the and ouleoking up the gentleman saw a China associations which had marked the voyage from 22ndult., seems to think that the rail-man caluly surveying the party below. Presum. Australia, and hearty good wishes for the con- way to Shanhaikway from Peking is notably ho was the offender, for he did not wait to tinted welfam and happiness of Capt. McArthur popular because the rates for passengers assist the investigations of a Naval Yard and his wife. Cheersand masies honours follow.” are so high. There are numbers of persons policeman who was informed of the incidented and the recipient feelingly acknowledged the in the capital who have come from Shaubai. and whe ascended the hill to make enquiries. great compliment paid him, which ho sincerely kwan, but who have trudged the whole long rities is at this date izpossible, but strict Capt. McArthur took farewell of the passengers The case is one in which action by the autho- | appreciated and would ever treasure. When, weary way along the high road instead of supervision by a watchman or someone over the on Saturday ringing cheers were given, and travelling expeditiously and comfortably by natives employed on the new hospital seems an adieux waved as the s... Empire steamed away the milway. In reply to questions on the advisablo precantion for the future.

from Manila

GRDNANCE.

J. C. A. Lillyyhite (capt.), b Smith. C. Rutter, a Fisher, Browning

2

H. R. Skinner, Walker, h Browning

E. P. Bradford, nut out ........

A. E. Hatwell, Nicol

R. H. Jawabay, e Ancell, b Browning

E. MuGilbun, rue out.........

W. Farmer, not out Extres.....

Telal

SO, B.G A.

Browning, Skinner Smith, Bradford!.......... Fisher, b Skinver Hocklinott, 5 Dadford.. It. Allen, b Bricford Toone, e and b Skinner Howell, Lillyvhite, & Skinner..... Stone, o Tarrier, Bradford Nicel, o Turner, b Skinner ancell; b Skinner Walker, not out....

Extras

Toal

LONE

Mr. Stade Bit surely it is not right, submit, fer's paper to alolately and deliberately bullify the Code.

- His Lordship eaid ho did not know whethe he could allow that gridence,

Afr. Starp contended that the injury done ti the plaintiff depended almost primarily op the position is held iu all respects. Es pet on to refer to the connection which the defen dant's father bad with Branduo & Co., in whic fem he had had capital invested.

Hie Lordship said the plaintiff must conf himself to proving the words etterel and 6.- impression they conveyed to the hearers

Mr. Sharp, proceeding with his address, szil that about 15 on the evening of the day iz ques ion plaintiff's son went into the billiard room of the Club There is had a conversatio with a member abent some trifing mater connected with the billiard tables. Into that conversation the defendant broke. There ma aquarel pon the point about the tables sal Mr. Slade Section 169 of the Code of Civil nothing was said during that quarrel afzat the Procedure, I thought it only right to draw slander at all at the end of the quarrel plais your Lordship's attention to this matter's son want away and beard as more'd rather with regard to any fature the matter; he was not present when the perhaps than with regard to this caso –

slander was uttered. About 10 o'clock M of the tactics of a paper making statements Gutierrez entered the billiard-om and which are not quite fall and may affect the case. defendant with four or five other people. His Lordship-I think that rule applies only Gutierrez sat down next il-fendant and th to practitioners. I do not think that it means

latter told him about the quarrel which that a newspaper cannot state the fict.

pccurred. Defendant did not appear to ka excited, but while speaking he becaide sa te some slight extent, and in the course of this- reforenes to the quarrel with the plaintiff's son the glander was uttered. It was uttered in very bud voice and acas presumably heard by everybody in the room. Dr. Gutierrez ha would tell then that he understood thereforence, told him to be careful of what he said, lerenon plaintiff bai hoped to thresh out the whols defendant reposted it. In bringing this actio

matter but this course the defendant had adoptei

the falsehood and therefore the sole material question was the defendant's intention in tig presented this. He admitted the sander and

these words. In the statement of defence it was stated that the defendant proposed to give y evidence with 4 view to mitigation of the damages. Defendant uttered the words com plained of when he was desak nad in the coarse of a violent quarrel with the plaintif's son, Jose Maria Gomes, who in the course of

His Lordship-What this means is that coun el in opening thecase shall not inform the jury of the fact that money has been paid into Court. The intention no doubt is that the jury skall not be in any way blassed in their finding Loney into Cunt. I quits agree with you by the knowledge that the defendant has paid

that the same principle should apply to prevent may be read by the jury, in common with every body else, and which might influence thom. a newspaper from making a statement which

lo the vicentostances 1 feel sure that the publisher of the co vspaper had no knowledge of the existenes of this rule.

Mr. Slado-I am quite sure of that, my Lord His Lordship-i think it will be sufficient if I state from my place here that I hope in the future where a jury is empanelled to try a cas

deo hay quared b dant. Withosa bas hofora the slander time defendant was

Witness heard nothi ber," Ho did not any thing the

Cross-examined

of the quarrel; he die hid called kim a "a comber "or that h Defendant was talk! Re-ozomined-II? Miemirs, Deacon and afterwards and sig subject..

J. M. Gomes, son the night of 17th

rent to tho Clu Went to the readi

There

llliard-room about Ang pool. playing, Witness 2 member, Mr. Gail:- preference to other ap and asked whol the table on which playing. Witness to ask the quest Clenched fat in f

Tho trike in minutes. Witness bar Defenduzt not bear the sland it next day.

The Court adjour Cron-examined-2

tho Bongkang andhe not know at whates and child. At the

not, in his Witness did not en nigger" Witne curso of the que about defendant's wore sparated That was bocanse his fiats. Witnes shored out of the used no inuutting

A. J. Gomes, partar ia Brand had incapacitated wiinese bad svon hardly bold a per "much depressed if enifered according

Cross-examined with gont.

F. A. Gumes, Brandus & Co. director of the E power of attorney bad bun trouble himself with regi did not bear this)

suffered a great di of mind, and coul for about eight business. His f hi, a reputati had offered in o Cross-examine and about 23 year of age. He cam slander had do slauder was n Father and ADD,

apology that he d

public that bo w want any money

Us

in which damages are claimed, that newspaperagaarrel made use of offensive expressions is will refrain from publishing ang facts which may in any way lead to influence, one way or another, the jury that may be empanelled; and fam sure, from the tone and standing of the papers in this Colony, that they will appreciate that request and act upon it. I thank you, r Slede, for having trenght this matter;before me The following ecini jury was empanelled -Messrs. G. W. 0. Harling, W. II, Wickham, F. A. Hewett, W. S. Harrison, H.-W. Bird, W. H. F. Duries and G. L. Tomlin. Foreman Mr. Hewett.

regard to the defendant, and amongst other things called him a beachcomber and ronde tist somo offensive aliusiou to the defendant's father Defendant replied that it was better to de beachcomber than the son of a liel" Defen dant's recollection of what was raid was very vague and he had no recollection of having uttered the words complained of, but it was not disputed that he did so. That the defendant was drunk and in a violent passion was obriez to everyone present. Everyone was beard what the defendant said was fully aware that he uns Among the perymen called was Mfr. J. Not speaking deliberately and that he did no Gousmazu, who stated to his Lordship that as seriously mean to make any charge ogainst the ho was acting acretary of the Steamboat plaintiff bat was talking willy and in duho Company, and the plaintiff. Mr. Gomes, was bis quenes of drink and passion. There was s director, he did not know that be should sit on

foundation for any such statement. Defendant the jury.

exceedingly regretted that he ever uttered auf Mr. Slade I bare no objection.

such words. He unreservedly withdrew all im His Lordship to Mr. Goossmann)-I think patations on the plaintiff's character sùil apolo yan bad bettor not

aised for the abusive languago which he nttarså Mr. Sharp, K.C., opened his case by reading without reason and white under the influence of the statement of claim in which it

was liquor and of anger against plaintiff's son. stated that plaintiff

gentleman residing at No. 4, Caine Road. Defendant melancholy action; two cousins had a gard Hi Lordship remarked that it was 2 mod was a mercantile chrk siding at Woodlands in a Club and now it came before a jury. Terrace. Ou 17th September, 1902, at the Club:

Jose M. Gutierrez, Magistrate'a Clerk, wat Lusitano the defendant falsely and maliciously the first witness. He said he had been in the published the following words: H (meaning plaintiff and defendant sud was a member of in the hearing of verzi bystanders spoke and Governkunt service about 2 years. Ha kaes the plaintiff's son Jose Maria Gomas) is the son the Club Lusitano. O 17th September fast be of a thief, and I can prove that his father went to the Clab about 10 p.m. and entered the robbed my father ofSI_0000" In consequence billiard room. Defendant was sitting 60 * of the said slander the plaintiff had suffered bench talking to four or five others. Plaintifs damage and und leg injured in his credit and son was present sitting on another bouch about reparation and chined $20,000 damages. The five yards away.

#49

a

Witness sit

They wor

There were about a doda case, Mr. Sharp vent on to say, was a very people in the room altogether. Aimplo one. The question which the jury down next to the defendant. would nitimately be obliged to consider was discussing a quarrel which had taken plas, the defendant's intention in uttering these words. Witness asked defendant what was tho matter His Lordship sad the question would be and the lsitor told him what had happened, not so much the intention as how the words saying in a loud voice that be (meaning the were received and understood by the bystanders plaintiff's son, is be understood) was the son Mr. Sharp--Certonly. And in aggravation of a thief. Witness stopped him, saying that of damages the question of intention and males he should not sy sach things unless he could was important. Plaintiff might press his claim prove them. Defendant reposted the words for a very large sum. The slander was most and added I can prove his father has robbed erious and he would prove, he thought, that it my father of $120,010" Wilness naderstend had a very serious reference indeed. Plaintiff's these words referred to an old allegation tha desire was really mly to stop this slander plaintiff bad robbed Dr. Gomes of some share a which had been much repeated no doubt. He Defendant was quite sober. Witness did not

This concinde baring no witne

Mr. Starp p behalf of the

absolutely no de was a malicious the statement of had been char

Lordship would

everything whi ment of defence. that being soit

In the statemen stander was ne terme; it wIS

defendant adm greatly affected

plaintiff. Th money for pe bringing the Mr. Sharp wa money awards

of, when,

His Lordsh what the ploit

If it is a ma

to the Kwang

Mr. Sharp Faud particul

His Lordab

orisi Fund, of

Mr. Sharp Mr. Slado

that if the pl was merelyet ed and the l

to'lare ng opology

public Court

why had he against a you commented

slander had and eredit, z him, but be

eton when it amiling whe

His Lord (Laughter.) Mr. Shar MESE did not see

In charg

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