CORRESPONDENCE.
THE HONGKONG TELEGRAPHI-SATURDAY, SEPTEMBER 3RD, 1881.
cription race-ponics, and popular racing [We do not hold ourselves responsible for the generally, and it is therefore exceeding opinions expressed by Correspondents].
.P
ly gratifying to us to find that whereas two years ago we stood almost alone, our views are now warmly ondorsed by almost the entire sporting community.
Although we have not latoly received any official intimation on the subject,
said that there are many persons who are esteemed only because they aro not known. Their roal dispositions aro masked so successfully as to be valued THE TELEGRAPH” LIBEL CASE.
and admired for qualities which they TO THE EDITOR OF TAN HONGKONG TELKGRADU,”
never possessed. We have to our cost DEAR SIR-Your correspondent “Ân
proved the truth of this." We should Admirer of Fair Play" has, in his com-
have thought that any one who started ments on the case of Wicking 2. yourself
a daily paper in Hongkong-aud for fallen into one or two mistakes. in point
we understand that an order has boon certain anyone who did. so in Shang- of law which it seems to me advisable,
sent to Shanghai to purchase the first hai-would have to be prepared to with your permission, publicly to correct.
instalment of our subseription ponies. He gives it as his opinion that your
see more of the contemptible side of proper course was to have ploaded that With so many ponies in the market, it human nature than if he were to go
if your article was dofamatory it was
wax-work. will be passing strange if we do not round the world with a "published without actual manice or gross manage to secure one or two high class We have had to put up with a great "negligence, what you had written was
racers out of the whole mob, of “ Hong-deal of it ourselves, but have got over justified under the circumstances and
kong griffins." It is currently rumour- it all. We hope the Telegraph will "was substantially trus, that you were
succeed in firmly establishing itself in willing to withdraw the conspiracy in-ed that one or two of the subscription "ferences, which were not as a matter of griffin races will be confined to local spile of all opposition. "fact intended as a definite charge, and that jockeys. If truo, this is a step in the "you had paid into Court $10 which was right direction.
'onough to satisfy the plaintiff's claim." You pleaded in the action that the pub- lication was bond fide and without malice, in the necessary defence of your own in- terests and in reply to attacks made on you. You pleaded also that the matter was truc in substance and in fact. Your error, if any, must therefore have been in not pleading, that your article was pub- lished without gross negligence, that you wore willing to apologise and withdraw, and that you had paid damages into court.
•
We believe that I.E. the Governor intends trying conclusions with the "cracks" at our next maces. His Ex- cellency hopes to be able to secure something that can gallop a bit as Tientsin during his visit to the North of China. Sportsmon of all classes will view with sincore pleasure Sir Jolu Pope Hennessy actively participating in a pastime which his countrymen generally follow with the utmost en.
Some such plea is undoubtedly given in the Section 2 of Lord Campbell's Act, but, with every respect for the greater legalthusiasm. knowledge of your correspondent, I think. it was in your case inapplicable.
LATEST COMMERCIAL
INTELLIGENCE.
Saturday, September 3rd, 1881.
One o'clock P.M. Enquiries this morning after certain Shares led to a moderate business, which was mostly done at yesterday's quota-
a decline of 1 for cash, and the quotation now is 43. A fow Hotel shares found buyere at the figure at which they left off yesterday, 112, and a small enquiry still exists. Sugars transactions are exceedingly limited as are also in slight demand at 150, but they are firmly held. Small sales were effected in Ice Shares at 126, and this comprised the principal business of the morning.
tions. Although the transfers wore hot on a largo scale, a variety of securities changed hands, and Stocks on the whole may be described as quiet but firm. Several small sales of Banks were made at 112, for cash, and two or three transactions have to be recorded for We heard it suggestol the other day the end of October at 114. In Docks Lord Campbell's Act says that it shall be that the Cap which His Majesty the perhaps more business was done than competent for defendant in an action for libel) to plead that such libel was inserted King of the Sandwich Islands gracious-in any other security, but this was at without actual malice and without grossly offered as a prize for one of our races, should be given for some evout negligence, and that before action com- menced or of the earliest opportunity after-solely confined to ponies owned by wards, a full apology was inserted, and a bour file Hongkong residents and defendant s pleading must pay money ridden by local "jocks." The sugges into Court with the plea in satisfaction.
This plea, I humbly conceive can only is concerned, merits attention, as His tion, especially so far as the ownership be made use of by a proprietor or publisher of a paper who has little or nothing to do Majesty evidently intended his gift to with the supervision of the publication. It be retained in Hongkong. cannot apply to the writer of an article or to a defendant who is his own editor and It is to be hoped that the Stowards publisher. It must allege that there was no of the Race Meeting will do everything actual malice and no negligence, not "or" possible to make the various prizes for no negligence, as your correspondent our next races worth winning. Last puts it and there must be a previous apology, not merely an offer to apologise, pealing to the community through the year the time-honoured custom of ap- and a present payment to support it..
You cannot, I think, be properly found newspapers for presentation prizes was fault with for not setting up this defence, unwisely abandoned. Wo mooted the Your correspondent in the second place question at the time, and wore assured seems to be of opinion that the finding of that the Executive had so many prizes. the jury that there was no malice entitled at their disposal, that an appeal to the you to a verdict, and that I ought to have public was unnecessary. This night claimed to have had it entered for you. llo is right in saying that the charge have been so, but as a matter of fact against you was for falsely and malici- the Stand Plate, an important griffin ously" publishing a defamatory libel, but he race won by Robbie Burns, who beat is wrong in saying that the finding of the among others Wild Race, winner of the of the jury that there was no malice was, Derby, was simply a sweepstakes of apart from the question of privilege, or $5 each, without any addition from ought to have been, an acquittal. It is the Fund or from any other source. only where the occasion is held by the The value of tho prize to the winner Judge, (and it is solely a question for him,) to be a privileged ocension, that the ques-was exactly 105. This was magni-
ficence with a vengeance.
tion of actual malice arises.
When a publication is of a defamatory character and found to be falso and not privileged by the occasion, then the law says peremptorily that it was a malicious publication, and it will not submit the question of malice or no malice to a jury. In your case the question of malice or no malico was left to the jury not for the im- mediate purposes of the trial, but with a view to a possible appeal on the question of privilege.
In effect the Judge said to the jury, "I may possibly be wrong in any decision that this was not a privileged occasion. If so, the question of actual malice will become of importance and must be tried. Will you oblige the parties by expressing an opinion on it now, and so saving them fur- ther trouble and expense p
In conclusion, I am sorry I cannot agree with your correspondent in his opinion that you could, on appeal, make out a case of privileged communication. I believe you are quite wise in declining to enter on any further legal proceedings.--Yours, &c,
JNO. J. FRANCIS. Hongkong, 2nd September, 1881.
RACING NOTES.
We hear from our Shanghai corres- pondent that over 100 hundred griffins have already arrived from Mongolia
for the Autumn auctions. As there are 300-moro expected by early steamers,... low prices should be the ordor of the day when the griffing como under the
hammer.
The popularity of the Subscription griffin movemont in Hongkong for our next races, may bo gathered from the fact that 30 subscribers have already placod their names on the list, and it
HONGKONG NEWSPAPERS. On this subject the Shanghai Mercury says:--
The Hongkong Telegraph, 'which has now boon in existence about two months, has made a very promising start as far as we cau judge. One of its best features is that it differs from the other two papers there, which make unceasing and bitter attacks on Sir John Pope Hennessy, the Governor of the Colony, for whatever his faults may be, the criticisms of the Press and the Mail do not lead one to suppose that they are disposed to give him justice whatever he does. Tho Telegraph bas been hold enough to stand up against the two old papers, and strike out a policy for itself, aud in that respect it is entitled to erodit. But the editor of the Telegraph has discovered that the troubles which afflict the promoter of a daily newspaper in the East are more than he expected; and be dovotes a long "personal" article in replying to certain damaging reports made against his paper, and in exposing some alleged actions which were unfair and contemptible.
His enemies are
Shares.
Hongkong and Shanghai Banking
Corporation Shares-112 per cont. premium, ex div., Salos. Union Insurance Society of Canton-
$1,675 per share ex dividen:l, China Traders' Insurance Company's
Shares-$1,600 per share, ex. div North China Insurance Company-Tis.
1,125 per share. Yangtsze Insurance Association-Tls.
830 per share. Chinese tusurance Company, —$305
per share, Buyers. Ou Tai Insurance Corapany, Limited-.
Tls. 148 per share. Hongkong Fire Insurance Company
Shares $995 per share. China Fire Insurance Compay's Shares
-$299 per share, Sellers. Hongkong & Whampoa Dock Com.
pany's Shares 43% promium
ex. div., Sellers. Hongkong, Canton & Macao Steam boat Company's Shares-$23 per share premium, Sellers. China Coast Steam Navigation Com-
pany-Tis. 163 per share. Hongkong Gas Company's Shares-
$85 per share. Hongkong Hotel Company's Shares-
China Sugar Refining Company, Li-
$112 per share, Sales.
mited-$150 per share, Ex. Div. China Sugar Refining Company (De-
bentares)-3 per cent premium, Hongkong Ice Company's Shares-
$126 por sharo, Sellers. Hongkong & China Bakery Company,
Limited-$43 por sharo. Chinese Imperial Government Loan
of 1878-4% premium, Buyers. Chinese Imperial Government Loan
of 1881-34% premium.
Exchange.
On
3/81
LONDON,
Bank Bills, T.T.,
Bank Bills, at 30 days' sight, 3183 Bank Bills, at 4 mouths' sight, Credits, at 4 months' sight,. Documentary Bills, at 4.
months' sight,
3/9
3/9
8198
On PARIS,
Bank Bills, on demand, .....4.66 Credits, at 4 months' sight, ...1.77 On BOMBAY,——
named-one is a Mr. Harry Vicking, who is alleged to have made himself very anxious for the welfare, of the Telegraph by advising the printers to throw up
the contract they made with the editor of the Telegraph; and the editor and sub-editor of the China Mail are accused of some apitoful doings in endeavouring to put down the Telegraph. The "personal" contains the following On SHANGHAI,- touching lamentation :---“ Wo have
Bank, T.T., lived in many lands, and under various
is confidently oxpected that the number auspices, but we have soon moro of the will eventually excood 40. Wo have entemptible side of human nature worked hard to overcome any strong during the past six wooks than we ever prejudicos which existed against subs-previously experienced. It has been
Bank, T.T., On CALCUTTA,- Bank, T.T.,
Privato, 30 days' sight,
222
222}
721
73
It rains alike on the just and unjust on the just mainly, because the unjust borrow their umbrolias.
Hongkong Temperature.
(Taken atTM Messrs. Falconer & Co.'s Register, Queen's-road).
HONGKONG, 2nd & 3rd September. BAROMETER-} P.M.
.29.932
Do, 4 P.M...............29.912 THERMOMETER-1 PM............. 84.
Do.
4 P.M....... .85. Do. 1 r.M. (Wot bulb) 77, Do.
4 P.M.
Do. 79. BAROMETER- A.M. THERMOMETER-) A.M.
Do. 9. (Wet bulb) 77. Do. Maximum
85. Do. Minimum (overnight) 77.
.29.092 ....81.
SHIPPING INTELLIGENCE.
ARRIVALS.
Sept. 2, Thales, British steamer, 820, T. G. Pococle, from Coast ports, General.-Douglas, Lapraik & Co. Sept. 2, Ohinkiang, British steamer,
799, S. M. Orr, Canton 1st Sept., Genoral. Siomsson & Co.
Sept. 2, Aratoon Apcar, British str.,
1,392, R. J. McConnell, Calcutta 18th August, General. - David Sassoon, Sons &ˆCo. Sept. 2, Conquest, British steamer, 315,
Hamlin, Haiphong 31st August, General.--Shun Hang Hong. Sept. 2, Strathleen, British steamer, 1,588, C. W. Pearson, Singapore 27th August, General-Russell
& Co.
Sept. 3, Galley of Lorne, British str., 1,380, Branthwaite, Sydney 11th August, Coal-Russell & Co. Sept. 3, Bellona, Gorman steamer, 789,
L. Rickmeier, Mantong Bay, 30th - August, Salt-Siemssen & Co. Sopt. 3, City of Tokio, American str.,
5,079. J. Maury, San Francisco and Yokolama, August. 6th, Gon- eral.-P. M. S. N. Co. Sept. 3, Chun-tung, Chinese gunboat,
from Carton.
DEPARTURES.
Sept. 2, Ancona, British steamer, for
Singapore, Bombay, etc. Sept. 3, Mirzapure, British steamer, for
Shanghai.
Sept. 8, Lido, British steamer, for Siu-
gapore.
Sept. 3, Tagasago Maru,, Japanese str.,
for Kobe.
Sopt. 3, Diomed, British steamer, for
Amoy.
Sept. 3, Ohop-sai, Chinese gunboat, for
a cruise.
PASSENGERS.
ARRIVED.
Per German steamer Bellona, from Mantong Bay, 2 Chinese..
Per British steamer Conquest, from Haiphong, 15 Chinese.
Per British steamer Strathleven, from Singapore, 67 Chinese.
Por British steamer Thales, from Const ports, Messrs. Richardson and Boffey, and 130 Chinese.
Per British steaner, Arratoon Apear, from Calcutta, Lieut.-Col. N. R. Burlton, Captain Evetts, and Messrs. White and Richard, and 230 Chinese.
For American steamer City of Tokio, from San Francisco, &c., Mr. L. L. Bush, 2 children and 2 servants, Col. Crossman, R.E., Lient. Rossell, R.E., Miss L. Cluick, Messrs. C. Trepet, J. S. Ciles, Yang Hing Ting, Sià Sat Ting, San Wan Chon, Ho Queng, 2 ladies and 3 children, and 210 Chi-
Dose,
SHIPPING REPORTS. The British steamer Arratoon Apear, from Calcutta, reports moderate mou- soon and fine weather throughout..
The Pacific Mail Stoamship Oity of Pokio, J. Maury, Commander, left San Francisco August 4th at 4.10 p.m. had light variable winds and fine weather to August 22nd, thence to Yokohama fresh S.W. and squally; arrived Aug. 25th at 4.45 p.m. sailed from Yoka- hama August 27th, at 3 p.m. to Aug. 30th had strong Southerly gales, with heavy squalls and high sea; thence to Hongkong light monsoon and fine woathor. Arrived September 3rd at 11.45 am.
MAILS.
The following mails will close:- To-day, 3rd September,-.
For Hoihow and Haiphong, por
Kang-chi, at 5 p.in.
|
MacEWEN, FRICKEL & Co. GENERAL STOREKEEPERS, &C. HAVE FOR SALE.
Groceries.
Crosse & Blackwell's, Celebrated House. hold Stores.
John Moir & Sons', Celebrated House- hold Stores.
American Stores of all descriptions. Huntley & Palmor's BISCUITS & CAKES, BUTTER, Danish &. French, Philippe
& Canaud's PATES &c..
CHUTNIES & CURRY POWDER, TEYSSONEAU'S
FRUITS in juice. COFFEE, SUGAR, &c., &c.
Wines, Spirits, &c. CUTLER PALMER & Co.'s "CARTE BLANCHE:" HEIDSIO & Co.'s MO- NOPOLE, pts. and qts. ADOLPHE COLLIN'S BOUZY CABINET.
MUMM'S (JULES) CHAMPAGNE
pts, and qts.
NEYEN'S (BODEN) BOUZY,
pts, and qts.
EXTRA SEC. quarts. Charles Heidsiecks's WHITE SEAL, pts, and qts. VEUVE CLIQUOT PON- SARDIN, pts. and qts. Theophile Roe- derer & Co.'s VERZENAY MOUSSEUX,
pts and dis
Krug's CHAMPAGNE, pts. and qts.
OUTLER PALMER & Co.'s CHAT- EAU MOUTON. LORMONT, pints,
and quarts.
ARAUZAN (Chateau), pints and quarts, ERMITAGE LUDON. THIBŒUF (Chateau), pints and quarts, CHATEAU LAROSE (Curcier & Adet's),
pints and quarts. CHATEAU LAFITE, pints and quarts. IRES GRAVES, piats and quarts. BREAKFAST CLARET, pints & quarts. OLD INVALID CLARET. St. JULIEN, &c., &e. Breakfast Claret.
Burgundy, Hock, Sherries, &c. Chambertin, Chablis (White), Liebfrau
milch Hockheimer, Niersteiner, Stein-
berger Cabinet, Rudesheimer Berg, Koninin Victoria Berg, Chateau Yquem, Grand Vin, Haut Sauterne Marsala, Saccone's Pale Dry White Seal Sherry, Yellow Seal Amontilado Sherry, Cutler Palmer and Co.'s Sherry, Invalid Port (1848), Ilunt's Port. Brandy, Whisky, Liqueurs, &c. 1, 2 and 3-star Hennessy's Brandy, La Grande Marque Brandy, Cutler Palmer & Co.'s Brandy, Rouyer Guillet & Co.'s Brandy, 1 to 4 stars; Finest Old Bourbon Whisky, highly recommended, Kinahan's LL Trish Whisky, Jamieson's Irish Whisky, Royal Glendee Whisky; AVH Gin, Swaine Boord & Co.'s Old Tom Gia; La Grande Chartreuse, Green and Yellow, Maraschino de Zara, Curagoa. pints and quarts; Angostura, Boker's and Orange Bitters, &c., &c., &c.
BASS'S ALE, bottled by Cameron and Saunders, pints and quarts. GUINNESS'S STOUT, bottled by E & J.. Burke, pints and quarts. PILSENER BEER, in quarts. DRAUGHT ALE and PORTER, by
the Gallon.
Fine ALE, bottled by MacEwen, Frickel & Co. ALE and PORTER, in hosgheada
Erated Waters. SODA WATER,
LEMONADE,
TONIC WATER,
SARSAPARILLA,
&o., &c., &c.
The Finost Stocks of
CIGARS, CAVITE CHEROOTS, PRINCESA CHEROOTS, PRINCESA CIGARS, AROCEROS, VEGUEROS,
&e..
&3. "PERFECTION" All Specially Selected. EMPRESS OF INDIA, and Best NAVY..
STATIONERY, BOOKS &c.
"Franklin Square" Library,
Seaside "Library,
Harper's Half-hour Series.
French Novels.
Medical Works..
School Books.
Presentation Books.
Works of reference &c. Stationery for Ladies and Office use. Direct from the manufacturers the best-
and Cheapest in Hongkong. Special orders in this line oxcuted one
very moderate terma. Papers ruled to any pattern and stamped
Plain, cameo or relief. Dies engraved to order. Office requisites
of every description.
Milner's Fire Proof Safes, Cash and Deed
Boxos, Brushware.
Cutlery, Crockery, and Glassward. Builder's Hardware material, Sporting Guos. Revolvers and Sporting ammunition, Sailmaking and Rigging promptly exc='
anted
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