1882-01-21 — Page 2

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Hongkong Telegraph.

HONGKONG, 21st JanuaHY; 1882ME

LIKE the Thane of Cawdor in Shake speare's celebrated trage.ly MRO- beth," Mri U. C. Hayllar, Q.0. might well exclaim 1/379AM NEAR

"I have no spur to prick the sides of my intone; but only vaulting ambi- tion, which o'ericaps itself, and falls on the other side."

THE HONGKONG TELEGRAPH SATURDAY, JANUARY 21st, 1882.

The O. and O. Steamship Company's stormer Oceanic, Captain Metcalfe, ar- rivad liisimorning at seven m. with the The news contained American mail. in the San Francisco ogohadges, which is not of very great importanos, is

rushed out for want of space,

Hayllar's damaging charge against complained of, appeared in the recent proceedings both in this Co- this journal is totally unfounded, Telegraph of the 18th. In what man-lony and at home. perfectly unjustifiable; and which, ner therefore, ould an action, which Since writing the above, we have omanating from the quarter already as far as the evidence, and the vor received a letter from the Acting alluded to, and for ronsons perfectly diet of a jury dould go, was practically Chief Justice, directing dur attention woll understood throughout the sattled on January 7th, be sub judice to the remarks addressed to the Colony, can only be regarded as a eleven days afterwards? We made Court by Mr. T. C. Hayllar, on the

An inquest was held at the Gavern- determined attempt to fotter thema allusion wiritevor to the appeal subject of the article published in

ment Civil Hospital, before Mr. HE liberties of the Press.

now ponting; nor could any remarks this journal, which is stated to be The definite charges made by Mr of ours influence the decision of the calculated to affect the administration Wodehouse, Groner, on dia bolly of Hayllar, which are said to constitute judges to the slightest extent. Old of justion in this colony, and requestTam Asa. The jury was composed of the contempt of court, are briefly age fraquently brings troubles with ing our attendance at the Supreme Mesirs: J. T. Chater, W. A. F. Sohmidt,

`and L2-F. · A, Caliboo, L Del Marques, atated, as follows(1) That we it, and nothing is more deplorable Court on Monday morning at 10 am.

atated that the body of the decorsed deliberately stated that the jury in

than to was a man who a few short eo give such explanation with refer-

was, broerat into the hospital this the De Graca y Pitman case acted months ngu was in full possession of taco thereto sa the Court may ro morning shortly after 5 o'clock. It is corruptly in giving a decision in

vigorous faculties, gradually losing quiro. We shall, of course, comply that of a Chinasy male gupit of about favour of the plaintiff. (2) That the his mental powers, and becoming a with his Lordship's request, and at- 20 years of age, and well dressed, artiole in question was written for victim to softening of the brain, or ten the Court ready to tender any There was a cord around his nook which the purpose of perverting the orme similar mental affiction. We explanation which may be desired is deeply indented, with marks as if dinary course of justice. (3) That do not wish it to be understood that but we must at the same time express the cord had boou tight. The tongue we committed contempt of court by we consider the eminent barrister, our opinion that it would have been was protruding and both the pupile of commenting on a case, which Mr.

from

whose most recent attack we just as well had the Acting Chief the eyes were dilated. He was ofopinion that death resulted from abrangulation. Hayllar stated and stated, inac

are to the best of our ability defend Justice, stated on what points an

Idspootor Matheson said that deceased curately was still sub judice. To ing ourselves, quite so far gone as explanation would be required, so

was found in a house at Tai-piny Lane, each and all of these statements and this, but when he applies the well that we might have had an ophanging by the neck, from a beam, and assertions we beg distinctly to give known contempt of court proceedings portunity of specially preparing our produced a letter which he found the most emphatic denial which it is in the Tichborne affair, in which the explanation and defence,

on the body hanging by a black thread possible for the English language tp late Messrs. Onslow and Whalley,

tied in the upper part of his coat. The express. It is untrue that we nc-

and Mr. Skipworth bore prominent

letter was addressed to Chan Woon, cused the gentlemen of the jury in parts, to our case, and states that our

at the Chinese Club, but tbo addressøl the said case with being corrupt, and article transconds almost anything

had not been found as yet. The coroner ordered a translation of, it is scandalt ly talse to assert that

ever printed about juries or the ad we over the slightest intention of ministration of justice in any part icencing or perverting the decision of the world, it is charitable

to believe that the learned gentle-tain Schieffer,, from Cardiff, arrived in The German ship Andromeda, Cap. of the judges by any remarks of ours. on the questions in dispute.

man's wits have temporarily gone Mr. Hayllar may be a very clever wool-gathering. The judgment of port to-day, and informs as that sho apoke the American ship Tecumses, barrister he has made the business Lord Cottenham's quoted so glibly bound from Cardiff to Hongkong in pay,

by our learned friend" we have Ombay Passage, all well on board. In already shown cannot by any pos. Gillolo Passage elio passed the Eus. sible stretch ofimagination be applied sian ship Primus, American bark Edwin in this, instance, and Lord Black Reed, and a French bark bound for burn's comments are equally inap- this Fort. plicable Mr. Hayllar must have. been hard prossed for precedents when compelled to full back on such feable ones as theau.

On the 19th inst. we published an account of an appeal heard in the Queen's Bench Division before Jus- tices Field and North on December 1st in the celebrated Referee libel case, when a new trial was granted. Would that case be from that time sub judice, and outside the pale of discussion? If so, how will Mr. T. C. Hayllar, Q.C., explain the fol- lowing rather pronounced views on the subject, published in a well known high class London periodical at the end of December:

majority of the jurors being with the plaintiff. We did state that the verdict set at nought both the weight of evidence and the views of the Chief Justice, and our opinion re- mains unchanged. We dil infer that the verdict was influenced by a majority of the jury holding the view that the defendant had incurred moral responsibility and we are still unable to account for their decision by any other system of reasoning. But when Mr. T. C. Hayllar assorts that we deliberately stated that we imputed corrupt motives, that comments affecting the jury could only be inferred to mean that the gentleinen composing that tribunal had acted corruptly, we hurl the scandalous accusation back in his teeth with scorn and contempt. We repeat plainly and distinctly that in our opinion the verdict given inattarly false and malignant attack than Do Gráca v. Pitman was contrary

that inade on Mr. Scott, or one which to the weight of evidence, and was unsupported by the sligtest sha- the ruling of the Judge, and dow of evidence or fabt, has been rarely under these circumstances unfair to juvestigated in a duct of law. The the defendant. If this is contemptibal was couched in coarse and violent of Court. we are certainly culpable language-language that, as Lord

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and success is the best criterion of ability--but he is not quite a master of our mother tongue. It is quite true, in generalising, on the eccentricities, of jurymen, we did state our belief that the verdict in Do Gráca v. Pitman was all against Not satisfied with leaving the the weight of evidence, and the ru scenes of his many years' labore to a ling of the Chief Justice, owing ap snug, and let us be just-well-parently to the sympathies of the earned retirement in peace and quiet- ness, the learned barsister must noeds sock to give himself further notoriety, and the Hongkong Tele- graph unsought for fame, by a line of conduct unexample, we should imagine, in the modern history of the British Bar. In an another column will be found a verbatim re- part (taken for obvious reasons from our morning contemporary the Daily Press) of certain proceedings in- itiated, before Acting Chief Justice Snowden and Mr. Justice Russell at the Supreme Court yesterday morn ing, by Mr. T. C. Hayllar. The Hong kang Telegraph is deliberately charged by the learned counsel, with con- tempt of court, on account of cer tain comments made in our leading article on Trial by Jury "on the 18th inst., referring especially to the -lately decided case De Graca v. Pit- man. We are deeply indebted to Mr. Hayllar for his too-évident good intentions towards this journal, dad for the manly fashion he has adopted in airing his fancied grievances. Re- taliation of the kind eagerly seized hold of by the eminent leader of the Hongkong Bar..is exactly what we expected from a person of his char- -actor and calibré; and although we are not learned in the law (worse luck in these days of hundred dollar “refreshers") we are not unwilling fo meet this self-appointed judge, and adviser of judges, on his own ground A person placed upon his trink in a court of justice is asked, as a preliminary, to plead guilty, or not "guilty. We are placed, upon our trial before the might of the Supreme Court of Hongkong, and, what is of far greater importance to us, the community of this Colony and the public at large, on the serious charge "contempt of court," by the imper- tinent officiousness-dictated appar ently by personal spite as retaliation for the severe criticisms we had ro-

costly, in the public interest, to ad- minister to Mr. Hayllar's conduct in a certain casa-not of either

the judges, but of a mom berof the Bar and we plead in the most unmistakeable terms "Not Guilty. After pleading, a caso goes to proof, and we will now undertako to prove to the satisfaction of all right thinking men, that Mr.

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The sympathies not only of his friends and acquaintances, but of all Parsons who feel indignation at falde aud unmerited aspersions on charsator, and Loathing for the asperaer, have been with Mr. Clerneut Satt in the repent action for libel that created so much excitement, not alone in dramatic oir clos, but in Lindos generally. A more

so far; but as we never have provi- Galeridge observed, could not well be stronger; and in sapport of it there ously, nor do we now, impute impro-was really not a tittle of evidence It per motives to a single member of was contradicted on path by the plain the jury, but, on the contrary, give, and Admiral, Carr.Glyn denounced them the utmost credit for having it as what no doubt it really was decided according to their judgments malicions lie. That the Court and and convictions on what they con- jury believed that gallant offloor, the sidered equitable grounds. Mr. samming-up and the verdict proved. Hayllar is not a businessman; The Mr. Scott is to be warmly congratulated knows nothing whatever of commer on the resall; but at the same time can it make entire amends to him for cial practices or principles," so it is hardly surprising if he is unable to all he has gone through and suffered at comprehend a body of mercaulile the hands of his fibeller ? men giving what they deemed an equitable decision on the simple ground of moral responsibility. The imputation of corrupt motives never entered our thoughts, and no man knows that better than Mr. T. C. Hayllar, Q.O. g

Chefcharge of vriting an article for the express purpose of perverting the ordinary course of justice is too contemptible for further notice; and the remaining, assertion of the en- lightened Q.C. that our comments affected a case which was most clearly sub judico can be disposed of satisfactorily in a few words. The action De Graca v. Pitman was tried by jury, and a verdict returned on Friday, January 7th. The article

Little mors need be said. All we have said or done has been in the public interest, on public grounds, fairly, honestly, honorably. If we have, unwittingly been guilty of con- tempt of court, which we emphatically deny, we are in the hands of the judges, from whom we shall doubt, less receive justice. However, we claim a perfect right to discuss all matters of public importance, and are prepared to defend our privileges against all comers. We cannot take back a single word wo wrote respect ing jury trials, in Hongkong and elsewhere, and, notwithstanding Mt. Hayllar's opinion to the contrary, we are well assured, that our obtor- vations were more than justified by

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A telegrain, dated London, 19th. Jananry, says that the new rales for Parliamentary procedure provide for the closs of debats upon a simplé ma- jority except for extraordinary credit,

The Gorman ship Dorethes, Captain Mehlhose, which arrived this morning from Hamburg, reports having passed the following vessels: Oct. 12th Ger». mau ship Margaretha, fro:n Cardiff to Hongkong, 36 days out in lat. 1°57′ S. long. 26° 48′ W.; Spanish bark Lolia, from London to this port, on December 16th, 180 days out, in lat. 9°50'S. long. 122° 15' B.; and on the 22nd ultimo the America bark Sulitama from Cardiff to Japan, 118 days out, in lat. 8° 50′ S. long 125° 38' E.

Information has been roosivod by. Mossra. Schollhass & Co., who are agents for the society in which the British bark Cuba was insured, that that vessel had gone on shore at Koalang. Captain Stabell, writing on the 8th inst., says: While lying with two anchors out, at the outer anchorage, the cables parted, as there was then a which gale blowing from the N.N.W caused a heavy eas, aba had drifted upon the shore before the third anchor could be let go. The vessel atruok heavily, and she was soon filled with water. He had that afternoon had the vessel sarveyed, and the surveyor re- conmeidel that the ship and its ana tents should be sold for the benefit of all concerus, without delay, before she should break up. He had therefore abandoned the vassel to the under writers, and engaged Lloyd's agent to act for all concerned," As Captain' Staball makes no mention of loss of life, it is reasonables to hope that the draw have been saved.

In the P. and O passenger list we notice, for the first time, ** from Hong- to Plymouth," indicating that the com- pany's steamers will call and disembark passengers at that port. It has been a watter of surprise to us for years that this great company has not before seen the advantages both to itself, and its patrons of calling at this western part, as a very large number of Anglo- Indians and others returning from the East talte up their residence in Dayon. shire and Cornwall on account of the mild and salubrious climate and the comparatively cheap rate of living. Added to this, good railway servicos which have theie termini at Plymouth spread over the country, and a better anchorage or a more magnificent sheet

of water than Plymouth Sound is not to be found in the British Teles, or, for

that matter, in but few parts of the globe. The morament will be bound to do good to the neighbourhood, for many who return from the East, who have no settled residence in England, will, after seeing the lovely coautry up their re around Plymouth, eidongo there.

letter to be made, and remanded the inquest till Wednesday the 25th inst., at 2.80 p.m. at the Magistracy,;

SUPREME COURT ALLEGED

CONTEMPT; OF COURT. The following account of certain proceedings which took place in tho daroma Court yesterday, is taken fram

ponter

the columns of our morning porary, the Daily Press: down for hearing, Mr., Hayllar aill Before procesding to the motion sat that before the case was called on,) he

would ask, if Mr., Justice Russell was thors, to call the attention) of the Fall Court to certain domments which, had been made on a case which wag

ROW

pending before the Full Court, and which he thought he ought to bring before their Lordships,

Mr. Justice Russell, who was sitting in Sammary Jurisdiction, lion joined the Chief Justice on the bench

Mr. Hayllar, proceeding, said there was a case ponding before the Fall Court, now waiting for decision-Graos and Pitman and the motion, as their

Lordships would rucollect, was for the entering of a verdict for the defendant or for a new trial. After argument in the case, there appeared on the 18th instant, in a newspaper published in this colony called the Hongkang re- graph, a leading article which generally attacked with great virulence juries in Hongkong but with that he had nothing to do. One particular paragraph of the article, however, referred to this par- ticular caso, and he thought that paca. graph, constituted, a very grave dağ tempt of their Lordships court, He

before their Lordships, and they could. had thought it his duty to bring this then take such uatice of it as they might think desirable. The paragraph

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lie referred to was pa follows em't Is it too much to say that trial by jury in Hongkong has gradually rendered our

public tribanala, in very many in- stances, moro ospecially in civil cases, “ a burlesque un public jastige ?. As wo cannot believe that our juries —abovo all our special jurigs are so ignorant of questions of law and fact, when plainly laid before them, as to be unable to discriminate between right and wrong, it must be inferred that many decisions which are given gon- tráry both to law and exidopte, dictated by personal

Graca

ustance, it would be an insg intelligeues of the gentlen special jary" in the notion, v. Pitaan, to believe for ont that thoir decision was not a verdict dictated rather by personal By thies then by the evidence hdduo d'at the trial, and the expositions of the same, and the law, na en

the

Acti Chief Jast og Snowden,,{{ raling of the jadge left the jury no

jble loop hyle, under ordinary gir.

"cumstances, of returning a verdict for

the plaint, get in the face of the mošt one sidud Büdining up we avor. heard in a law; jogurt, vordiet wAS which set at nought hosh idence and the views of

the Obiet little doubt that the

an bo