1881-08-29 — Page 2

A. S. WATSON & Co. WHOLESALE AND RETAIL DRUGGISTS,

AND

GENERAL CHEMISTS, Manufacturers of the following

ERATED WATERS, viz:

TONIC, SARSAPARILLA, AND POTASH, LEMONADE, GINGERADE, RASPBERRYADE, AND PHOSPHORIC CHAMPAGNE.

Doliveries in Town and Harbour from

7 AM to 7 P.M.

SuJPS' MEDICIENT CHESTS REFITTED, PASSENGER Surrs SUPPLIED.

Prompt Attention given to Coast Orders,

HONGKONG DISPENSARY,

I

CANTON DISPENSARY,

HONGKONG, SHANGHAI PHARMACY,

SHANGHAI

CANTON.

Foocnow.

THE DISPENSARY,

Notices to Correspondents. All communications should be addressed The "Hongkong Telegraph," 15, Wellington

THE HONGKONG TELEGRAPH-MONDAY, AUGUST 29TH, 1881.

did ask the public on what we con-

lication of the article, and as the sidered substantial grounds to infer whole of the parties concerned had from our comments on tho facts at been very good friends, the whole our disposal that some sort of confe- thing could easily have been settled deration or conspiracy had existed, by asking why they persisted in their or did exist, among certain persons opposition. His lordship must have for the apparent purpose of prejudi- overlooked the fact and that we did cially affecting the interests and ask more than once and in most ap. prospects of this paper; but we did propriate and courteous terms what so quite innocently, and without the it all meant, and we received no least desire to seriously charge either reply whatever, as Mr. Robert Smith one of the persons'named with such had to consult Mr. Bain, and we are an offence. This apparent inconsis-informed did consult Mr. Wicking, tency could be easily and in fact al- ready has been fully explained. There is awell worn law maxim to the effect that ignorance of the law is no excuse for acting illegally, and it is fair enough to demand or expect that every one should contemplate the probable consequences of his own acts. We erred in pure ignorance, without contemplating probable re- sults, and we have as a matter of course had to put up with the conse-

quences.

Mr. Harry Wicking has fairly vin- dicated his character from the charge which we honestly avow we never in- tended to make against him. As a solatium for the injuries he is sup- posed to have sustained a jury of his countrymen have very properly awarded him substantial compensa- tion to the amount of two hundred tended for insertion, not necessarily for publication, and fifty dollars. It is not an exces- but as evidence of good faith.

Elitor Struct.

All letters for publication must be written on one side of the paper only.

Correspondents are requested to forward their names and addresses with all communications in-

Notices to Subscribers. Subscribers who do not receive their newspapers within thirty-five minutes after the time of publica-

sive sura, but probably, fairly enough represents the extent of the injuries we sincerely regret to have uninten-

tion will obligo by communicating with the Editor. tionally occasioned this gentleman.

Donacstic Notices, if properly authenticnted, will

inserted free of charge.

THE

Hongkong Telegraph.

HONGKONG, 29TH AUGUST, 1881.

THE libel case in which Mr. Harry Wicking sued the printer and pub- lisher of the Hongkong Telegraph for $1,000 as damages for a libel falsely and maliciously published in that newspaper was brought to a conclu- sion on Saturday afternoon, after a protracted hearing lasting three entire days, the jury finding for the plain- tiff on the ground that the libels charged were not truc in substance and in fact, for the defendant to the effect that the said libels were pub- lished bona fide and without malice, and assessing the damages to be awarded the plaintiff at the sub- stantial figure of $250. We have no intention whatever of critically re- viewing the matters brought out in evidence at this trial, or of complain- ing in any way of the result which has proved so adverse to ourselves; still we owe a duty, not only to the gen- tlemen who, by our mistake, have been put to much serious inconveni- ence, annoyance, and trouble, but also to our readers, which it would be dishonourable on our part to shirk, and we therefore avail ourselves of this opportunity of putting ourselves right with those whose good opinions we value.

Lord Bacon once sagely observed, "I wish every man knew as much law as would enable him to keep himself out of it." This wise remark of that most eminent and distin- guished member of the legal profes- sion, strikes straight at the root of the matter which led to the action Wicking v. Fraser-Smith. In total ignorance of the legal significance of a certain sentence, we asked the public to form their own inferences of certain matters, which we detailed on reported assurances that they were strictly true in every single respect, and which appeared to us so suspi- cious, that we innocently enough placed ourselves in a position from which there was no withdrawal. Had we contented ourselves with merely placing a plain statements of facts before our readers (although even in that case so far as Mr. Wick- ing was concerned it would have have been a grave error of judgment) no matter how offensive or objection- able such assertions may have proved, we are advised that no action could have been sustained. We actually

and it is fair enough to assume that he received advice and acted on it. It is almost needless for us to state that, but for Mr. Robert Smith, the libel would never have been publish- ed. Had that person answered the courteous and friendly letters we sent him, offering any reasonable excuse or explanation for his damaging statements, the whole of the past troubles would have been avoided. Admitting freely that, notwithstand ing what we considered our good grounds of complaint against Mr. Wicking and Mr. Bain, we adopted an improper method of obtaining redress for assumed grievances, it must be plain enough to the public that we were absolutely dragged into assailing our opponents in a manner repugnant to our feelings and detrimental to our best interests.

There is one particular portion of the evidence which may be altogether valueless on legal grounds, but which appears of some importance from an ordinary standpoint. In our cross- We do not actually owe Mr. Wicking examination, Mr. T. C. Hayllar, the any apology, as the damages awarded counsel for the plaintiff, who had in by the jury are supposed to represent no uncertain terms repudiated on the full extent of his claims; but as behalf of his client any connection the case has been fairly tried, and wo whatever with Mr. Robert Smith, are most decidedly in the wrong astounded us somewhat by showing legally, we conceive it a matter of us a letter, a private and confidential courtesy, as well as a duty we owe, as letter, which we had written in reply much to ourselves as to Mr. Wicking, to a communication from that person to retract in the most public manner dated August 14th, in which Mr. the whole of the unfortunate referen-Smith, in soliciting a personal favour ces made in this journal on August 2nd relating to conspiracies and confederations. With the other mat- ters we will not deal. If Mr. Wick- ing's conscience applauds and justifies all that he has said and done with regard to the Telegraph we are quite satisfied.

in evidence against us, which, with other facts duly swom to, clearly enough proved that the plaintiff had not always, throughout the course of the proceedings, followed a policy of repudiation towards Mr. Smith.

proper

give offence. In all such cases, we ask our friends who feel aggrieved to lose no time in stating their grievance, as we shall ever be ready to acknowledge our errors, as we shall be to lend our aid to put down abuses of every description." Had Mr. Wicking, for the vindica- tion of his character, represented the matter to us in its true light, can it be doubted that we should have been glad to have afforded him every op- portunity of clearing himself in the eyes of the public! That gentleman actually did request one of our staff to act as mediator, and expressed his intention of writing to us on the sub- ject. He, however, apparently chang. ed his mind, and a summons was the first indication we received of the suggested mediation. The public know the rest.

Passaleño Fort was taken by the Por- Thirty-two years ago, to-day, the

tuguese, under the command of the late bravo but unhappy Colonel Mesquita, who was then a lieutenant, whose tra gic ond at Macao, lately, will yot, bo fresh in the memory of our readers.

tain Young, from the Coast Ports, re-

The British steamer Kwanqtung, Cap- ̈ ̈ ports left Foochow 23rd inst, with light variable winds and fine weather to Swatow, thence to portstrong W.S. W. wind and overcast with high seas. Vessole in port at Foochow, strs. Ajan and Menmuir; at Amoy, str. Lorne; at Swatow, H.M.S. Sheldrake and Kestrel, and strs. Pakhai, Paladin, Craiglande, Hoihow, and Chenn, Hock-Kiang.

On the 17th instant we called the attention of the authorities to the 'un-

safe condition of some walls of houses It must have struck our readers the Man On Insurance Office, remark- in course of demolition nearly opposite that there was a good deal of harding that probably an accident would swearing during the recent hearing. happen if nothing were done. Whe Without comment, we leave the ther any precautions WOTO general public to form their own

taken opinions on the subject. The real likely, as on Saturday afternoon one of we know not, but we think it scarcely facts, so far as matters concerned us these walls fell upon some of the work. personally, were well known through- men, three of whom were so severely out the colony long before an appear injured that they had to be removed to ance in court was ever dreamt of, so

the Tung Wah Hospital, that we have actually nothing to ex- plain.

LOCAL AND GENERAL. Parliament has been prorogued till

the 12th November.

It is with great regret that we an- nounce the news last received in the hopeless condition. Colony that President Garfield is in a

The return of visitors to the City Hall Museum for the week ending August 28th, was :-Europeans, 129 Chinese, 1,780.

;

English and American Combination The opening performance of the Company will be held at the Theatre Royal, City Hall, this evening,

A long-sentence prisoner managed to effect his escape from Victoria Gaol on Saturday, and up to the present time no trace of the man had been found. It is not known how or at what time he took his departure, as the dis- covery was not made till the mustering of the prisoners previous to their dis posal for the night. The prisoner was undergoing a sentence of six years TO- cently passed upon him for larceny, and he had eight provious convictions proved against him when last at the bar.

We are informed that at Sam-shui- po (Chinese Territory) extensive gam- bling is the order of the day. A steam launch leaves this side of the water four in the afternoon to convey the daily between the hours of three and "luck seekers," amongst whom are some Europeans, across and returns at dusk. Should the report prove to be true we would like to know whether or not the

We would remind the shareholders of the Dock Company that the half-launch may be seized by the police yearly meeting will be held in the authorities as a gambling instrument. Company's Offices, Praya Central, at

3.30 this afternoon,

(Messrs. Russell & Co.) that the Union We are informed by the agents Lino steamer Strathleen left Singapore for this port on Saturday, the 27th instant.

The shooting match which came off at Kowloon on Saturday for the pur- pose of picking a team to fire against the Shanghai men ended in favour of the military by 42 points, the totals being, civilians 545, military 587.

We learn that it is contemplated to

wrote as follows:-"I know that any unpleasantness we have been driven into outside this matter will have no effect in this with you. You will be generous as if nothing had happened to mar the good feeling between us, which I was sorry to see disturbed." We placed on this the Mr. G. Murray Bain, whose name only possible construction it will has been unfairly used in this business admit of, and wrote in a most kindly is justly entitled to a most ample spirit, knowing the man had been ill, apology. We did believe that he that we did not believe he was per- had an interest in crushing the sonally actuated by ill-feeling, al- Telegraph at the outset, on grounds though he had no doubt acted rashly which at the time seemed to us all and indiscreetly. The plaintiff, so sufficient, but which we are glad to said Mr. Hayllar, denied all know- say have not been substantiated, and ledge of Mr. Robert Smith, repudiat-Gazette that Mr. James Edwin How- It is officially notified in Saturday's acting in this belief we did make ed him entirely, but our letter to this royd has assumed his duties as Clerk certain observations respecting Mr.repudiated gentleman was produced of Works in the Surveyor-General's Bain which might have, to our ad-

Department from the 25th instant. vantage, been left unsaid. The sentence referring to a conspiracy was penned without any idea of Mr. Bain occurring to the writer; it had, in fact, no special reference to that gentleman at all in the minds of the public until the busy brains of the legal luminaries discovered that a few general observations affecting nobody in particular could be con- strued into a most damaging libel. We are perfectly certain that Mr. Murray Bain will quite understand that we never had the remotest in- tention of making him personally appear in any other light than as having committed what we still think and what the general public always will think, was a grave error of judgment in mixing himself up in any way with business connected with the Telegraph, and with which he really had nothing whatever to do. As a public man, the editor of the China Mail is quite capable of defending himself. To our former comments on the charge deliberately made by the China Mail against the honor and honesty of this journal we have nothing to add. How far they were justified is to the public already known. In Mr. Justice Russell's lucid summing up of the evidence and legal aspect of the libel case ho In our issue of July 25th wo wrote unwittingly did us an injustice. His as follows:-"In even the most care- lordship remarked that it seemed very fully odited newspapers, a phrase or little had apparently been done to expression will at times creep in un- inquire into matters before the pub-noticed which may tend to injure or

To non-legal minds it may seem passing strange that we should have come into court to defend a charge, which we now assert we never had any intention of making, namely, that of conspiracy. Personally we had no idea whatever of the sigui ficance of what we merely looked upon as indefinite generalties, and which we could not believe consti- tuted any infringement on the law of libel. That we did believe, on what appeared substantial grounds, that each of the three gentlemen named had either injured or endea youred to injure the prospects of this journal, was apparent from the first; and we had some idea from a succes- sion or combination of circumstances and events which could be traced back to the China Mail office, or to some one of these three gentlemen, that some tacit understanding existed on the subject, and doubted not that we should be able to prove this to the satisfaction of the jury. We failed to do this for reasons which need not be further alluded to.

establish a new club in the Eastern district of the city. The proposed un- Club, and it is expected to formally dertaking will be called the Wanchai inaugurate the affair on Saturday next.

The following extract from a home

natural that Lady Burdett Coutts. mother's duck is a swau, it is only paper is worth reproducing :-As every

Bartlett should like to see her husband in Parliament; and we hear that Hackney is likely to be the consti- tuency where the young aspirant to parliamentary honours will try to pretty freely at Hackney at the last secure a seat. Money was applied

general election without effect, and we think it will require more than Lady Burdett-Coutts's money-bags to defeat Messrs. Fawcett and Holms at the next election.

With its usual inaccuracy, the China Mail on Saturday night pablished a paragraph stating that the typhoon gun had been fired, and warned the people to look out. There was no typhoon gun fired on Saturday night. Is it not enough that owners of house property

is naturally felt at the season when we and residents who live in exposed si- tuations should bear the anxiety that

are subject to these storms, without the China Mail's piling on the agony by the publication of false reports? It is scarcely likely, however, that any one's night's rest was affected by the paragraph referred to, as most people was published. were in bed before the evening paper

This morning was witnessed a rather serious fracas at the hydrant nearly opposite the Scotch Church. Three or four coolies in the middle of the road with bamboos, cheered on by a yelling were lustily bolabouring each other mob of mon, women, and children num- bering at least sixty. Two of the com The British bark Sumatra, Captain bamboos, and closed in deadly strife from London, reports left London on batants at length threw away their H. Tube, which arrived this morning and in less than a minute both were the 21st May, discharged pilot the fol- literally covered with blood. The lowing day, and had light N.W. trade belligerents were separated, and a winds. Crossed the Equator on 17th lukong eventually appeared after June. At 6 deg. N. had heavy gales the affray was over. We are not aware which carried the ship to 20 deg. S., whether the rioters were taken into when had strong and fine N. westerly custody or not, nor do we know the winds to meridian of Greenwich. Cross- oause of the row, but we would suggested the meridian on the 8th ulto, thence to the Captain Superintendent of Police had strong N. to 8.W. winds, then that it would prevent a good many suddenly shifting to N.E. trades; at 18 breaches of the peace if a constable deg. S. wind again shifted to EN.E., were stationed at the hydrant during which no doubt showed that a cyclone the morning, when so many coolies was in the vicinity. Passed Anjer on cedence in getting the water. are struggling and fighting for pre- the 13th instant, with S.W. monsoon up to 26th inst,; weather/being then