1915-07-23 — Page 7

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THE PROSECUTION OF ** THE TIMES,"

ONE SUMMONS DISMISSED. THE REST WITHDRAWN.

CURIOUSHY-CONFLICTING STATE MENTS ABOUT THE FRENCH

GOVERNMENT.........

Under the Defence of the Realm Act charge of publishing information which might be dicely useful to the enemy was brought against The Times, jointly with Major E. H. Richardson, at the Mansion House Police Court last month, as briefly mentioned in our cable columns as the time.

The summons was, based on a letter, published on May 21st over the name 1 Major Richardson. The letter, which was Loaded The Need for Compulsion."' con- tained the following statements-

I have recently returned from France, where I have been with the French,

"The last of the French reserves are out, and at the present moment young raw recruits are being called up.

The witness-It is a statement that must have a damaging effect on public opinion in France, an effect that can hardly be exaggerated. It suggests to the French people that the people of this country pre te w large extent indifferent to the war so long as they can make money out of it. The enemy by moans of his Press would also be able to seize on this statement as a military opinion which would be of great value to him in sustaining-public opinion in his country and he would also spread it among neutral countries.

Mr. McCardie (cross-examining)-Have you formed a clear view as to the prin ciple which you apply in testing whether a publication is permissible 7- - or not That is tested by the Press Bureau.

I am talking of yourself. Have you got a deer principle in testing whether or not the publication of this passage or that passage is permissible Yes.

In your view is it not permissible to state any part of the truth times it may be undesirable to state a part of the

truth.

WE HONGKONG DAILY PRESS, FRIDAY, JULY 230D 1915.

same thing. It was submitted to the Censor, and was passed. On the law and on the facts it would be wrong to call on | The Tones to offer any further defence to the action which it quits deliberately took on this matter.

The Magistrate, in dismissing the case, said There may be a great deal of discussion over my opinion, but there will not, I think, be any question of my prudono in not giving my reasons for

I find that the prosecution, have| failed to establish their case. The_sum- monses aro dismissed without costs,

Mr. Bodkin, for the Director of Public

Prosocations, withdrew the other sum-

mons

THE TIMES" COMMENT. In a leading article, The Timer, after expressing astonistunent that the pro secution should ever have been inalitated by the Law Officers of the Crown, said:

The one possible explanation was that the French Government, eating under some natural misapprehension of the position of the Press in this country and of the tenor of the document in question, had urged that some such step should be taken, and that the Government had sur rendered their better judgment to 2

As this is a mere matter of opinion, and reasons it will not be as for many desirable to go into particular lustro The natural consequence of this is that tions, I do not think I will cross-examine the French are looking to us to supply the Majur Radcliffe any inther. I do not forward by Mr. Bodkin for enormous Tumbers of men still needed to think it is desirable in the public prosecution, remained

Mr. Hewart (cross-examining)-Are you nemociated with the Press Bureau

carry the war to anything like a satisfac-interest. tory conclusion, and that failing these supplica arriving there is a distinct doa-

the

ger of public sentiment in France, by the N6. I am a General Staff Officer at the unfounded was elicited in Court. That

time winter comes, wearying of the war. It is a painful thing to witness reinforce- ments of young lads in their teens going up to the Aring line, as I saw myselfast

wook.

War Office, As such my duties bring me into contact with the Press Burean to a certain extent.

You have read The Times newspaper with reference to the war-I have.

You spoke of the comparative speed fermany. The like is true, is it not, ef Have you during the war read the the French newspapers? Yes. French Press ?--YES.

SHIPPING IN PORT.

STKAMERA.

BENALUER, British str., 1,930, J. H. Mason, 20th July-Singapore 14th July, General-Gibb, Livingston & Co. Rywano MARU, Japanese str., 1,732, K. Kanada, 17th July-Nowchwang 10th

July, Coal-Mitsui Bursa Kaisha. CHOYSANG, British str., 1,424, Holmwood, | 18th July-Shanghai 15th July, Gen-

cral-Jardine, Matheson & Co. DEVA WONGBE, British str., 1,017, C. W.

Shearer, 21st July-Saigon 17th July,| Rice-Chinese.

EMPIRE, British str., 2,943, J. MoGregor, 20th July Japan 15th July, General. Gibb, Livingston & Co. FURUI MARU, Japanesa atr., 3,059, H.

Chosaki, 12th July-Moji 6th July, Coal.-Mitsui Bussan Kaisha. HAIORING, British str., 1,267, W. C. Pass

more, 21st July-Foochow 18th July," General Douglas Lapraik & Co HALVARD, Norwegian str., 480, C. Beck,

16th July-Samarang 6th July, Sugar.-Thoresen & Co. HANAMETAL, American str., 1,714, Laonox, 10th July Wakamatsu 17th July, Coal.-Order.

desire to oblige our Allies This sugHANOL, Frends str., 199, Lo Chevalier, 19th July-Haiphong 16th July, Gen. was responsible was deliberately put gestion dat the French Government

eral.-A. R. Marty. HONGMOB, British str., 2,555, Kingborn, une intradicted 14th July-Amoy 13th July, ftio. for 13 whole week, und must have

Ohinese. been widely accepted as the truth JINGEN MALU, Japanese str., 2,862, 0, until the fact that It was wholly Ohitny 20th, July-Japan 15th July

General. Nippon Yuson Kaisha it was not only untrue, but the exact KAMAKURA MARU, Japanese str., 3,798, T. opposite of the truth, was within our knowledge, and should have been within Mr. Bodkin's knowledge, from the first, The initiative was taken by the British Government, and we feel bound to to shirk the responsibility of bringing so grave a charge, .. The magistrate: came to the only conclusion open to any reasonable mind, and every summons has been dismissed. No useful purpose will be served by discussing now the details of a case which ought never to have been brought; but we may be permitted at east to rejoice in the result, which affects the whole Press, and not The Times alone.

The instructions and prohibitions issued by the Pros Burent every few hours, amateurish and contradictory as they frequently are, do

"On my way home 1'saw the mangled mase of humanity after Ypres, and sub-with which English newspapers get into register our protest against its attempt| sequently, when immediately across the Channel, came across scores of lusty, nble-bodied young men walking about in emug complacency, utterly callons and in- different to the anguish of their brothers, no long as they got their war bonus"

Mr. A. H. Bodkin prosecuted for the Crown; Mr. Gordon Hewart, K.C., M.D.. and Mr. Walter Frampton appeared. for Mr. Bland and The Times-Eublishing Company: Mr. H. A. MeCardie appeare for Major Richardson. There were three Hummonses against each defendant,

Have you read the Trape-Not very [rverntly,

Will you kindly look at the sentence which is complained -in this letter

French last of: The

of the wirt Reserves are

and At the pre sent moment young raw recruits are being culett " Have not state- ments to the like effect come before you

Mr. McCardie and Mr. Hewart plea in official anrionuccicents by the French not make it easy for any newspaper, to

ed "Not Guilty on behalf of their clients.

Mer Bikin explained that the prosecu tion was taken under clause 18 of the Consolidated Defence of the Realm Act, 1914, which directed that "No person shall without lawful authority, collect record, publish, or communiente any information with respect to the de scription or condition of any of the forces of any of his Majesty's Allies, or any other information of such a nature at is cairatated to be or might be directly or indirectly useful to the enemy," the letter appeared the French military wuthorities complained seriously of the publication, and vocordingly the War Offon authorities themselves, seeing the Telter, appreciated the feelings of our Alias the matter, and also for them selves appreciated the wriousness of the matters contained in the Iditer.

Conny went in to say that as scon

Inspector Ernest Nichols, Detective-In- spzetor of the City of Londen Pelice, was iled, and gave evidenco as to the ser vice of summons on Major Richardson and Mr. Bland.

say,

Mr. McCardio. In the course of his os. servations to you did Major Richardson

"I wrote the letter to help conscrip lion-Yes. he probably said that

Did he say, "I may mention that I bare two boys now serving in the Army at the front"-Yos, he said that.

Cross-examined by Mr. Hewart, the witness said he read the in

formation.

Gordon

Government?

Mr. Bodkin-Well, I don't know, Sir

David

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23rd July,

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211

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...

Kuwabars, 20th July Singapore 14th July, General-Nippon Yusen Kaisha, Krzicnow, British atr., 1,2), .E. TJIBODAS

Forsyth, 21st July Tientsin 14th July, General.-Butterfield & Swire. KWANGTAR, Chinese str., 1.299. Stewart,

18th July Shanghai 14th July, Gen TJIKEMBANG ... -eral-Chinese, MANDASAN Manu, Japanese str., 3,630, 5

Suzuki, 12th July-Miiko 7th July, Coal-Mitsui Bussan Kaisha. NAMBANG, British str., 2,501, D. Gilroy,

20th July-Singapore 14th July, Gen- eral-Order.

NICHIREN MARU, Japanese str., 1,698,

Hibi, 19th July-Hongay 14th July, Coal.-Order. NISHO MARU, Japaneso air, 642,Y

Nakano, 20th July-Bangkok 11th July, Rice and Timber.-Chinese.. keep an even keel in these difficult times. RIO PASIG, American str., 1,947, Simons Wo confess to a sense of satisfaction that,

Arlante, 13th July-Saigon ath July, at a time when the responsibilities of editing are infinitely heavier than ever SADO MARU, Japanese str., 3,860, K. Asa

General-Order.

before, the only charge of misdemezsigur which it has been possible to bring

Mr. Hewart-1 was referring to the newspapers.

Mr. Bockin-We are dealing with what is published in an English news- paper under our English laws, and what inst The Times has been laughed out of Court. A great newspaper is the best view might be taker elsewhere. I submit custodian of its own homur; but the mis is not relevant at all.

The Magistrate-But supposing all placed energy of the Government will

then

not have been altogether in vain, if they this had been stated

learn in future to treat the Fross of would this be giving information 7

England, not as a suspect and al scape- Mr. Bodkin.It might still be undesir-goat, but as a patriotic colleague in the able at this time to publish it.

great lask which confronts us all.”

The Magistrale.--It might be undesir- able. Bus would it he conveying any information which might be directly or indirectly prejudicial to this country or its Allies?

Mr. Hewart-What I aus putting to you, Major Radcliffe, is that in sub stance, apart from the same words, the statement which is contained in this letter bad been made before in censored messages,

The witness-No, I am not aware of its having been made before in censored messages.

Have you never on the subst of this eluten, for instaner, in The Times on previous occasions ?-No, I hyvo net.

Have you seen, for example, is The Times, the reference to the 1917 claws in France 7-Yes.

SUEZ CANAL CO.

The report of the Suez Canal Company presented at the annust general meeting of the shareholders, held at Paris on 14th utt., states that the total receipts for 1914 amounted to f.195121,237, showing a fall- ing-off of 1.4,805,711) as against the total receipts of 1918.

...

kawa, 18th July--Shanghai 15th July, General-Nippon Yuson Kaisha, SANGOLA, British str., 2,349, B. A. Bilne,

R.N.R, 19th July Calcutta 13th July, General-David Sassoon & Co. SHINYO Mant, Japanese str., 7,226, W.

C. T. 8. Fibner, 18th July-San. Francisco 19th June, Goneral.-Toyo BIERMAN, British str., 794, I. . de Lar

Kisen Kaisha.

Sale 18th July Manila 14th July. -Thoresen & Co.

STANDARD, Norwegian str., 604, C. Johan nezen, 18th July-Bangkuk 10th July, Rice and General.--Order. TAIYO MARU, Japanese str., 1,629. T.

Fumoto, 17th July Dairen 10th July. Coal-Miteni Bussan Kaisha. TAISHUN. Chinese str., 1.200, Westerlund,

18th July-Shanghai 7th July, Gen eral-Chinose.

TEAN, British str., 1.361, Trowbridge, 20th

July-Manila 18th July, Sugar Butterfield & Swire.

16th July-Moji 10th July, Coal- Mitsui Bussan Kaisha. VATSHING, British str., 1,424, R. J. Ander

The falling off in vreeipts scenes to be less that might have been feared. From 1st August to 31st December last commer-WADA MARC, Japanese str., 2,005. Asai, cial traffic through the Canal fell by ucarly 40 per cent,; but, on the other hand, the depreciation of revenue from transit was much less than proportionate, owing to the compensation derived from References of that kind have been conte military traffic. The loss suffered by the mon during the month of April and even company during the first five months of But such the war amounted to about f.6,500,000, bur in March-Yes, posibly. references would not prove that the last this decrease was further reduced owing French Reserves are but, in any way. to the surplus of the fest seven months The calling out of new recruits has of the year, and stands anally

You have seen nothing which went quite nothing whatever to do with the Reserves 4,500,000. so far as this No.

Mr. Howart. You see the words, "The Jast of the French Reserves are out, and at the present moment young raw recruits

The case for the prosecution was close. ace being called up "Yes, that is so.

Major Telmé-Radcliffe agreed in cross Have you read consored telegrams which from dime to time have appeare examination that nothing could be more in London newspapers in reference to the utterly untrue than that the proceedings

were instigated by the French Govern French Army Yes. I suppose I have.

For instance: This month will seement or the French Embassy. It was the The 18-year-old recruits of the 1010 class exact reverse of the truth. Join the colours, making the third new. class which has been called up since the beginning of the war, while the register ing of recruits of the 1917 class is also is hand "I do not recollect. I may have read similar statements.

Mr. Bodkin. Can we have an indica- tion whence the passage comes?

Mr. Hewant. The passage comes from: #message in The Times from Paris, April 7th, passed by the Censor.

Service.

over

faut its.

ja other

genesis

Since the beginning of this fear the decrease has been greater and represents about 33 per cent, not falling off upon the corresponding period of 1914. The report proposes a dividend of 1.120 net for 1914. A sum exoceding 1.15,000,000 is passed over to the reserve fund. report expresses the hope that, as far as any forecast, can be made now, a further reduction of the dividend will not be Mr. McCardie, on behalf of Major necessary next year. The summarized Richardson, asked the magistrate to statistics are as follow:-In 1914 4,802 dismiss the summons on the ground that ships of a total net tonago of 19,409 495 it was not only unnecessary but cruel. tons passed the Canal, showing a reduc The object of the letter was to arouse the tion upon 1913 of 624,359 tops. The com country to: a sense of the national need mercial shipping showed a decrea o of and the pressing necessity for National nearly 3,000,000 tons. On the other hand, warships and transports showed an 31r. Gordon Hewart, K.C., for The increase of 501 transits and 2,250,000 tera, Ties said:-This prosecntion, what The decrease in commercial shipping is to maya great extent accounted for by the reduc respects, ition of Austrian and German ships, dus to profound, deplorable, and amounting to 1,400,000 tons. The number Fortun of passengers trawling through the most injurious misconception. ately for justice and for all concerned this Canal roached the record figure of 391,772, trial takes place in the City of London including military, Owing to the passage For here you of transports and warships the transit takes place in England. have no concern with anything except through the Canal has often been more the merits of the case. It is possible netive than had ever been known. Thus it is, at any rate, conceivable that there on certain days the number of ress Is pass may be other and less favoured contries ing was more than double the daily aver- where a Government, if it disliked age. Transit was always effected without newspaper, either for some polier that is incidont or delay and with perfect

regularity. Mr. Ecdkin then put a question in refer was advocating or for its conduct in some ence to the first two paragraphs of the particular matter, might launch a pro- Detter:-(2) The natural, consequence of seeution for purposes of discipline or this is that the French are looking to us even from motives of revenge. But that, of course, is inconceivable in England. to supply the enormous imber of men. still needed to carry the war to anything it is possible, also, that there may b

a Government! sone countries where like a satisfactory conclusion, and that department, if complaint were made of some of its grosser ineptitudes, might exhibit a hasty and ill-considered zeal,

Majur Seymour Arthur Delmi-Rad- cliffe (formerly of Peking) examined by Mr. Bodkin, said he was on the Ceneral Staff of the War Office, and bad the au thority of the Army Counci' to attend and give evidence. He had read the letter published in The Times of May.21st.

By whom was it first brought 1: the notice of the Department --By the French Military Apache, I think. ou the day of publication.

have

bron

failing these supplies arriving, chero is a distinct danger of public sentiment in France, hy the time winter eomes, weary ing of the war. It is a painful thing to uut, indeed, in an attempt to rectify its witness reinforcements of young lads in ora mistakes, but in attacking a NEWS- paper from which it had suffered adverse their teens going up to the firing line as

criticism. But that again is unthinkable I saw myself last week.'

in England. Here, at any rate, as I have The witness-I consider that most mia chievous and that the lester would have stil, the tribunal is, and can be, con- cerned with nothing except the merits of

a damaging effect on public spirit by the case. And this prosecution happens the insinnata that there is danger of to have premisely no merits at all. public sentiment wearying of the war, in

In several German papers there had France and in this country, don.

appeared articles which showed a kaw Mr. Bodkin-Have you read the last edge of the laws passed in France, the sentence of the letter? On my way home proclamations which had been published I saw the mangled mass of humanity after in France, and the military arrangements Ypres, and subsequently, when immedi-which had been made or were in couter- ately across the Channel, came across plation. If a final touch of the rent and scores of lusty, able-bodied young men the ludicrous nature of the proficutIOL vere needed it was added ca Friday walking about in smug complacency, utterly callous and indifferent in the because, while the case stood adjourned, Buguish of their brothers, so long as they The Timer printed a letter from an Eng lish resident in France directed to the got their war bonus."

FORTHCOMING EVENTS Wednesday, 28th July:--

9.15 p.m.-Charles Howitt A. Phillips Co.

at the Theatre loyal The Barn Thursday, 29th July:

Apr.The Association of Exporters and Dealers of Hongkong, Annual General Meeting in the Chanlar of Commerce New Goverment Buikling.

4.30 p.m.--The Association of Exporters and Dealers of Hongkong, Extraordinary

General Meeting in the Chamber of

Commerce Ricom, New Govt. Building.

son, 17th July-Japan 11th Juls, Gen- oral-Jardine, Matheson & Co. YLENSANG, British str., 1,199, P. H. Rolfe, 20th July-Manila 17th July, General,

Jardine, Matheson & Co.

ORDER AT ONCE.

THE

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