1889-09-16 — Page 2

For Sale,

IMPORTANT INTIMATION, "

NOW READY.

(PUNUSHET BY AUTHORITY.

THE HONGKONG · DIRECTORY

AND. HONG LIST FOR THE FAR FAST. A DIRECTORY AND WORK OF REFERENCE ON ALL IMPORTANT, LOCAL SUBJECTS FOR

THE HONGKONG TELEGRAPH, MONDAY, SEPTEMBER 16, 1889.

Entimations.

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THE estimated European population of Hong- kong, exclusive of the Army -nd Navy, is 6,578.

TH* returns of the number of visitors to the City all Museum for the week ending Sept. 13th, are: -Europeans 184, Chinese 1,900; "total, 2.084, MISSRS Butterfield & Swire inform us that the Ocean Steamship Co's steamer Palinurus, from Liverpool, left Singapore yesterday afternoon for this port, and is due on the arst inst.

A REGULAR meeting of Perseverance Lodge, No. 1165, will be held in Freemasons' Hall, Zetland Street, this evening, at 8.30 for 9 o'clock precisely. Visiting brethren are cordially invited. Messas: Adamson, Bell & Co., agents for the [13 Canadian-Pacific Line, inform us that the steam- ship Port Augusta, from Vancouver, left Kobe yesterday for Shanghai and Hongkong. THE N. C. Daily News says that owing to the sousually small supply of griffins this season, the entries for the next Shanghai race meeting will probably be below the average in point of numbers..

H.M.S. Parfoise, which will convey Mr. Howard,

|

THE steamer Batavia, which left here on Thursday for Swatow, returned at daylight yes- terday. She had got ab at eighteen miles past the Lammock Rocks, when the cover of the high. pressure cylinder split, and she had to make the best of her way back under sail, reaching Junie Bay In the evening and being towed up by the Pilot Fish. Her repairs are expected to take about four-days.

COMMANDER Rumsey, nasisted by Messrs, Mc- Farlane R. N. of the Victor Emanuel, W. S. Duncan, Master of the British steamship foray, William Farrand, Master of the British steam- ship Propontis and Enoch. A Forsyth, master of the British ship Harvest Queen, held an inquiry at the Marine Court at noon, to-day. into the charges of misconduct and refusal of duty preferred by Arthur Vere frown, master of the British barque Omega against Clement. Young, the chief mate of the same ship. Mr. Bowles, of Messrs. Wotton and Deacon, appeared for plaintiff, and Mr. Webber defende d'on behalf of his client, the chief mate. The first part of the proceedings was occupied by the examination of the plaintiff, and a sharp cross-examination by Mr. Webber. The Court then adjourned at 1.45 pm, and re. assembled again at 3 o'clock to hear what the defendant had to say for himself. The case had apt concluded up to our going to press.

A CORRESPONDENT writes to the W. C. Daily News from Ch'ung-king under date the tath August --With your permission I should like to remind those interested in the opening of Western China to foreign trade that the present lull in diplomatic negotiations provides a suitable opportunity for having the river scientifically surveyed. The chance ought not to be missed. Serious injury to a steamer, not to speak of a possible total wreck, would be rather a high

Yours

"ROTES."

The plaintiff claims $to,ooo damages. On the publication of that anonymous letter I instructed my solicitor to write the following

letter-

The Attorney-General :—You had better read the defendant's anawer first.

Mr. Fraser-Smith-1 beg your pardon-of course it is only, fair that I should read the answer. It is as follows :

1. The Defendant admits the 1st, 2nd, 3rd and 4th paragraphs of the said petition.

2. The Defendant admits that he printed and published of and concerning the Plaintill, and of the parties to the suits in the petition mentioned, the words set out in the 5th paragraph of thể said petition, but denies that he did so falsely, scandalously, or maliciouly; the Defendant also denies that the said words bear or were intended to bear the meaning attributed to them in the concluding sentence of the said paragraph.

3. The said words are true in substance and

|

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whore on Gough Island on her way down the Shanghai river on the 7th inst. After getting her off, Captain Bremner returned to Shanghai, the chief officer, Mr. bringing the vessel

THE Indo-China S. N. Co.'s steamer Canton ran

on to this port,

H, Shfa Pao reports that Prince Kung har hech very bad bealth. but is now alightly better. The Emperor lately sent him several ounces of bird's-ness, originally intended for his own table to show his interest in his aged

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As expected to arrive in Shanghal from New recent gallant attempt to bring a steamer west, it certainly does strike the unsophisticated mind as strange that no thoroughly complete survey of the As will be seen by an official notification in our route to Ch'ung-k'ing has ever been made. Advertising columns, the Acting Consul for True, Blakiston's valuable chart is available as France at this port has intimated to the Hong-well as the useful itineraries of other observant kong Government that the importation of opium travellers; hut so long as this important work into Annam will be prohibited from and after remains accomplished in part only, there will of necessity be more less preventible risk attached to the navigation of the upper reaches of the curred in performing the tark, nor is it likely river. No great financial outlay would be in- that the native officials would impede the move- ments of those to whom it might be confided. A well-manned native junk, not too large, provisions for six weeks, an ordinary passport, a dash of determination, and "a fair supply of physical energy would enable a competent man to com- plete" the undertaking successfully. howaver, t be remembered that to do the thing thoroughly, two separite surveys are necessary, one in July when the water reaches its highest level,, and another in Decemb r ar1 January when the river is at its lowest rbh. A single chart, however arcurne, would neces- sarily be incomplete, while two distinct and independent maps made at the seasons, above mentioned would enable a shipmaster to run his vessel with confidence and safety all the year round. Allow me to ad that the Literary Chancellor of Szechuan is reported to have expressed himself in presence of the students up for examination at Chang-king, as being in favour of steamers coming west. The great mass of the people remain essen. tially ignorant on this and every other topic of progress. There is nothing at present to show that they are greatly interested in the question of opening the city to foreign merchants; indeed it is almost certain that their feelings on the matter are profound. indifferent. But we have to remember that the masses" are even more frequently the tools of interested or bigoted leaders, than they are creatures of their own impulses, and it is therefore so much to his good when a man of position and intelligence, such as the Literary Chancellor, utters a favourable opinion on the question of progress in the hearing of those most capable of initiating and encouraging a plan of opposition.

AN Imperial decree dated the 9th inst. com. minds Chang Yau, Governor of Shantung, to set apart out of the tribute rice for this year ico oro skik, or about 8 70 tons for distribution

Yellow River floods in that province,

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A DESPATCH from Si Ngan, Capital of Shensi, states that on the 15th of June a terrific rain- storn visiter the district, followed by hail which averaged the size of a pigeon's egg. The whale of the summer crops wele completely damaged by the hail, and a large number of cattle and horses were killed in the floods caused by the alorm. The Governor of Shensi has sent. a Special Commissioner to distribute Government grain amongst the sufferers, and the gentry of the province have contributed largely to aid them in procuring cattle and agricultural ap pliances to replace those lost.

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Asile de la St. Enfance for 64, and the Italian Convent for 37. The cases in the two convents were all young children, Irismus noscentium establishment and 47 at Wanchai Wa 4 patients succumbed to intermittent fever, At the Tung 12 to dysentery, 15 to lung disease, and to beri-beri. The European deaths totalled 17, equal to 31 per thousand per annum of the foreign community, The death rate of the entire land population was equal to 27.1 per thousand per annum.

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buy up all salt in the Colony at the lowest price and by holding the same, and by other means, to create a "corner in salt" and thus to raise the price thereof; and at the meeting of the share holders of the Hongkong Rope Maunfacturing Company, Limited, in the 4th paragraph of the petition mentioned, the Plaintiff as he himself alleged, in the public interest called attention to an alleged "corner" in the shares of that come pany and stated that under the circumstances of than a robbery. the case the alleged "corner" was nothing less

The dy after the anonymous letter appeared instructed my solicitor to write the following letter to the registered-editor and proprietar of

the China Mail:-

"

of "

i 'corners" even when they are undertaken to the remarks I did, an I will, with your permission, punish share gamblers who sell short," But, if | read what I did say so far ns it refers to this case, there has been any cartiering in Ropes, which I quote from the Daily Press, as being fairer, for night possibly have edited 'the report in has not been proved, I think the conduct of those who have chosen to meet short sellers on their my own paper. Addressing the Chairman. I wn ground is righteousness itself compared with said." I think it is just as well to call your that of a man (meaning thereby the plaintiff) | attention to another point. It has been noto. who on his own showing, attempted what would rious in the colony for some time past that the have been little less than robbing the poorest of

shares this Company have been what is · he community. I think it is time that we were vulgarly called "cornered "—there has been a done with such hollow inconsistency.

cotner"in the Share Market; and it has been notorious that the "riggers have been the employd of this Company. If this is not true, I think it should be denied publicly here, once 6 The defendant meaning thereby that the and for all. The Rope Company is a valued plaintiff was himself a man of bad character and industry in the Colony-one of the few industries repute and a hypocrite, that he associated with we have-and I am perfectly certain that I need Chinese of bad character and repute, and that not suggest to a firm of the long standing and he had been recently a party to a criminal con-high respectability of Messis. Russell & Co.fhear, spiracy to raise the price of sail, a necessary of heat) that if this is true, they ought to know life, in the Colony of Hongkong.

it and thoroughly investigate, and do everything: they can do to uphold the reputation they have deservedly held in China for over half a century. Not only does this effect the General Agents, but also the Consulung Committee, who, are, in a sense, the paid servants of the Company. You must ait know that reports-I do not hesitate to say scandalous reports, have been current in the colony for weeks past, that shares in the Com pany have been "rigged" for the purpose of cornering certain persons who have, or rather. are supposed to have, “sold short”—that is sold shares they did not possess to people who did not possess money to pay for them. I understood from the remarks of Mr. Rustomjce that he had written to the General Managers and to the Consulting Committee requesting that an inquiry should be made into the truth or falsity of these re, orts, I do not know whether such inquiry has been niade, but if so, I think it is only fairthat the shareholders should be told what has taken place. It is in no spirit I ask the question-I am only a very smallshare- holder in the Company, as fam in most of the companies in the colony, but in a way I am a representative of public interests. I should like, in the public interest, to know if all these reports are true-if the General Agents and the . Consulting Committee have made that inquiry, and what is the re ult. There cannot be the least doubt that, It current reports are to be believed, further action will be taken, and that action must bring discredit on the Company." That is what we wish to avoid, and why, purely from a feeling of duty, you should tell the share- 4. The Defendant says further that under the holders what they have asked to-day as to the circumstances aforesaid the words set out in the Inquiry and the result of it. I make no public ccusations--I simply repeat public report. said 5th paragraph of the said petition were s fair and bona fide comment on the Plaintiff in Whether it is true or not I do not know, but I his public character, and as the Editor and think it is for the General Managers and Consult-- Proprietor of the Hongkong Telegraph, a publicing Committee, both collectively and individually newspaper, and that such words were printed to acquit themselves of being participators in and published by the Defendant as and for such what, if true, is nothing less than a robbery." comment and without any malicious. motive or respectfully submit, my lord, that I was per

fectly entitled to make those observations and interest whatever."

to ask those questions, and I further submit that in making these remarks I did so with all due madera lon-I used not one word or expression that could be considered in any light intempe STR-On behalf of Mr. Fraser-Smith I have rate, I did not say anything against cornering," to apply to you for the name of the writer of aor "rigging," a "cornering" and "rigging letter beaded "Consistency is a Jewel and what I did protest against, and what I have signed "Ropes" published in last night's.issue protested against again and again, was of the of the China Mail newspaper, of which you are employés of a public company using information the registered printer and publisher. My client is that was, de facto, the property of the share- advised that the letter in question is a gross and holders, and conspiring together to establish a malicious libel which cannot fail to prejudicially ring or corner in shares or to anything else, and affect his character and reputation and I am I submit that this report will carry out to the instructed to at once institute legal proceedings, letter what I have just said. And now, my lord, To this the following reply was received: we will have a look at this precious gem of SIR-1 have to acknowledge the receipt of literature published in the China Mail of the your letter, of yesterday's date requesting the 27th March. The writer of the letter heads it name of the writer of a letter headed "Consis- "Consistency is n jewel," and wonders why the tency is a Jewel" published the China &fail editor of the China Mail and his contemporary of the preceding evening.

have not exposed one of the most striking examples of barefaced impudence and glaring inconsistency that has ever been seen in the colony, I am perfectly well aware that abuse of this kind is not libellous-it would not be libellous to a'private man, far less to a man who, in thisemall sphere, is, in a measure, a public man. This is vulgar, coarse invective, which actually means nothing in itself. But united to what follows The defendant, in bis answer, has very care. means a great deal. Standing by itself It is tally avoided pleading justification, thus shrink-probably no libel-but united to what follows, it ing from proving the trath of the allegations in is, in accordance with one of the cases I have the anonymous letter. He has further, again just quoted, a gross, scandalous, malicious, b acting judiciously, shirked pleading privilege, infamous libel an imputation on my honesty, and as far as I can see from the pleadings he implying that I am a fraud; that after being a The case in which Mr. Robert Fraser-Smith, alleged defamatory words

bases bis defence on the assertion that the conspirator in what is alleged to have been a proprietor and editor of the Hongkong Teigraph; lous, and that they were printed and pub dubfois repute in the Colony," 1. a scoundrel of not per se, libel-["emer," the confederate of Chinese of sued Mr. George Murray-Bain, proprietor and editor of the China Mail, for libel. came good faith.

lished in bona fide, without malice, and inthe first water, have the audacity-the cool before the Acting Chief Justice, Mr. Fielding opportunity of putting that defence to the test shareholders of this Company and pose as the We shall presently have an impudence, to get up at a public meeting of the

Smith conducted his own case, and the Acting that I was at the time of these events, a morality--never had any intention of doing 10, Damages were laid at $ro,000.-Mr. Fraser- and editor of the Hongkong Telegraph and that I never did pose as the champion of public Attorney-General, (Mr. A. J. Leach) instructed shareholder in the Hongkong Rope Manufacand there is nothing in my remarks to shew it. by Mr. Dennys, defended.

turing Company. He further admits that he didTo say that I spoke of the heinousness of rigging print and publish of and concerning me the the market in Rope shares is a downright lie, alleged libel, but denies that he did so falsely and the man who wrote it and the man scandalously, or maliciously, and also denies who published it must have known that that the words bear, or were intended to bear, it was. To say that I was associating with the meaning attributed to them in the sense Chinese of dubious repute for the purpose the words were a fair and bona fide comment of paragraph 5. The defendant alleges that of raising the price of salt, and robbing the poorest of the community, is, pez-se, a libel-a on the plaintiff, in his public character defamation of the grossest character. It means, Telegraph, and were published without any man of bad character, ill-repate, a hypocrite as the editor and proprietor of the Hongkong and can mean nothing else, than that I am aễ t malicious motive er interest whatever. Doubtless associating with Chinese of ill-repute, and have he will be called upon presently, and will see the been a party to a criminal conspiracy to raise the advisability of shewing what the editor and price of salt necessary

of life In fact, proprietor of the Hongkong Telegraph had to lord, it means that I was a robber and the asso da with the remarks of a shareholder in the clate of robbers. The writer says he does not Hongkong Rope Manufacturing Company. Now approve of "corners" even when they are under notwithstanding the alterations in the law of libel taken by gamblers who sell short,* Well, selling which have taken place, doubtless for the public bort is not a criminal offence as far as I know--a good, I believe that the old principle defined by in fact I happen to know that it is legal. But Starkie still holds good that "libel consists of if there was a corner in Ropes it was not proved defamation of another, expressed in writing print them, but it has been proved up to the bill since. The Chief Justice reminded the plaintiff that Ing, etc., and that any publication is libellous that hurts or disparages any individual or the State. he was straying from the issues. B hurt their feelings or reputation is a libel. No With respect to individuals, whatever tends to Mr. Fraser-Smith continued:-1 would call your attention to the sentence in the letter which another, Words which on the face of them little less than robbing the poorest of the com- man may destroy or disparage the reputation of says I have fatterapted, what would have been must injure the person to whom they refer are musity The law of libel does not permit any clearly defamatory, and if false are actionable, one to beat about the bush—it« does not give without proof that any particular damage them a chance to say they did not mean this has followed their use, Every man has an or that if the indication as has been again and absolute right to have his person, bis property, again decided is understood, that means that I and his reputation preserved inviolable. As have confederated with Chiness of dubious repute ar Vice-Chancellor Malins laid down, in the to rob nothing more or less, I submit with all case of Dixen: v. Holden, refering to the due respect that what I have just read, and 5. On or about the 27th March now last past plaintif "His reputation is his property, and which is admitted in the answer, is a libel, par the defendant falsely and maliciously in bis said is, if possible, more valuable than his pro Justification lias not beca pleaded, privilege the onus of proving newspaper the China Mall printed and published party.* (Mr. Fraser-Smith quoted other cases has not been pleaded, an concerning the plaintiff a false, scandalous, and and continued): The law on the subject that it is no libol, but was

was published on Justlar malicious libel to the words and figures following, would therefore appear to be very clearable grounds, and without malice, and as an that in to say 1 --

I assume that it will be argued very independent comment on the acts of a pablis CONSISTENCY IS A JEWEL `-

foolishly I imagine-that these words are not | más, lies with the defence. I think I have To the Editor of the China Mail,

defamatory per ze, so I will, with your permis- about sald enough, The defendant has grossly sion, quote from some authorities as to what libelled me, and I now call upon him to rebut.

· Hongkong,” March 2515, ....

constitutes libel. (Mr. Fraser-Smith then con- The Chief Justice-Will you go into the box S-I wonder why you and your contem-tinued his examples of barefaced impudence and glárlega rogue, or a rascal, but not to call him ignorant, rebut I will do so. I subint that have, that porary have not exposed one of the most striking libellous to call a mans shewing that it was now

mana hypocrite or an Imposter, Mr. Fraser-Smith-No, if there is anything to inconsistency that has ever been seen in the or valant or scurrilous). He continued-Wei rivilege-I can refer your lordship to a case in Colonys I te'er to the meeting of the Rops will just look at this precious literary production this Court. If you wish me to go into the box, Manufacturing Company at which a "share-- ofthe China Mail. In thepleadings I have already however, I will do so, pride holder" (meaning thereby the plaintify who admitted that at a maceting of the shareholders of some months ago consorted with a gang of the Hongkong Rope Manufacturing Company Chinese of dubious repute (meaning thereby the in my rapacity as a shareholder, tool upon myself defendants in the above mentioned suits) in to make certain remarks and to ask certain order to "corner" salt and raise the price of an questions. I do not think there is the remotest The plaintiff was then sworn. article of food that is indispensable to the poorest doubt that I had a perfect right to do so being The Chief Justice Your position as editor, in the Colony, posed as Champion of public registered shareholder at the time, or that this and so on is admitted. Now you can make morality and spoke of the belaousness of rigging learned gentleman will doubt that I was a regiidik general statement; if you please, with regard the market for Rope shares. I do not approve tered shareholder, and had a perfect rightto make - to what is relied upon do not say railed upon

THE NEWSPAPEr libel case.

VICTORY OF THE PLAINTIFF,

There is no necessity for your letter, and I am surprised, you should apply the terms gross and malicious to the letter you refer to and that your client should be advised that it is in any way libellous, your request, as you are aware, is un- reasonable, and I must therefore decline to enter into any further correspondence with you on the subject.

Guaranteed to contain the largest percentage accounting for 26 deaths in the, Caine Rond Clarke, at the Supreme Court, this morning. The defendant admits that I am the proprietorrhampion of public morality! It so happens

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My Panner's. HILL, HONGKONG. Hongkong 7th January, 1779.

Name and Trade Mark, without which nonn are genuine.

A varied assortment of favourite kinds; the principal difference between them being moreA PRIVATE letter from Tientsin states that the one of personal preference than of quality all are proposed roule for the Grand Trunk Railway of pure, and the base of all is the same, but the Chinais expected to start for the south from Lu perfumes differ. Aew kinds will be introduced Kou Ch'iso, near Pe' irg, to Paoting, the capital | from time to time, as occasion requiraz. of Chibil; thence it will run through the pre- Lectures of Chen Ting and Chih Chou, entering the province of Honan at Chang Têh, and then on to Wel-bai and Hual Ching, crossing the Yellow River at a point called Cheng Heil, when following the postal route through Hsin-yang finally arrive at the city of Hankow, in the province of Hupeh, which will be the present terminus of the proposed railway. Another line to start from a point opposite Hankow, across the Yangtze, has been sketched out by Wang Pêng Nien, late Governor of Kiang-ad, but it has not yet transpired what effies it will pass on its way to Canton, and thence to Yunnan on the

Ask for Special Bill giving full parties- lars of all the different Soapi wa make. We also keep in stock a great variety of the

folowing well-known Soapa „ATKINSON'S, CALVERT'S, COLGATE'S, LUBIN'S, FEARS', &c.

A. 5. WATSON & CO. LIMITED, THE HONGKONG DISPENSARY, ESTABLISHED A.D. 1841. Hongkong, 2nd September, 1889.

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The Honghong Telegraph

HONGKONG, MONDAY, SEPTEMBER 16, 1889.

TELEGRAMS.

GREAT DISASTER AT ANTWERP,"

LONDON, eptember 7th.

·

Burmese frontiers.

THE "Military Mummers performance in the Ganison Theatre on Saturday evening drew a gratifyingly large audience, including a larger | number of civilians than ever, We understand that further arrangements for their accommoda» tion will be made at the next show. The chief novelty was the farce "Sold Again." The cast

Mr. Peter Paripop, Mr. V. Hent Simpson, Serrat)Mr. Hoc Hape, sumisistaanyamaMr. Find Forty's Daughter). Mr. M. J. Hackett. Well played though it was, it was but an io. different success, for sheer lack of humour. Mr. Hast, who makes an admirable "old man," An explosion of dynamite has occurred in a || excelled himself, and Mr. Mills helped the some Cartridge Factory causing immense damage what dreary extravaganza as well as it was One hundred and fifty work-people were killed possible. Mrs. Hackett scored another success as the young lady with matrimonial yearnings: and righty more injured.

Mr. Langford made up excellently as Tracks; the gamekeeper, and Mr. Lilley, as the servant, restraining an inclination to lurch all over the was broadly very broadly-funny. But by place, grimace perpetually, and drag in coarse gaga, the last-named individual will much im. prove his style. Mr. Dade's recitation "Poker

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was well-delivered, and loudly encored, Mr. Dredge's comic sangs being equally popular. Mr. Crouch also song, and a duet on the flate and violin was played by Messrs. Dickson and Addison. The entertainment concluded with the second representation of Whitebait at Greenwich." As on Thursday evening, it went Mr. H. M. Stanley is expected to arrive at excellently, and the audience dispersed in the Mombassa at the end of October.

very best of humours;-

"The explosion wet fire to two petroleum ware- houses, which are now ablaze and are spreading

the fire in all directions.

THE STRIKE AT AN END,

September 13th, Conciliatory terms have been arranged by Mr. Manning between the Dock Directors and the

strikers.

STANLEY,

Jack

Mr. Fraser-Smith, in opening his case, said :- May it please your Lordship-This is an action for libel, in which I am plaintiff, and claim $10,000 damages against Mr. George Marray newspaper, for a defamatory libel published in Bain, editor and proprietor of the China Mail that paper, on the 27th March of this year. As the pleadings give a fairly-accurate and con densed account of the circumstances connected with the case, I will read them. They are a follows

1. The plaintiff resides at No. 6 Feddars Hill, Victoris, and is the proprietor and editor of the Hongkong Telegraph, published daily in Hongkong. He also was at the time of the happening of the events hereinafter mentioned shareholder in the Hongkong Rope Manu- facturing Company, Limited,

2. The defendant resides at No. Belillos Terrace, Victoria aforesaid, and is the Editor, Proprietor and publisher of the China Mail, a daily, and of the Overland China Mail, a weekly published in Hongkong.

Court.

On or about the 11th day of September, for the defendants in two suits, Nos. 16 and 17 1888, the plaintiff appeared and gave evidence of 1898, heard and determined in this Hpporabic 4. On or about the 25th day of March now last past, the plaintiff was present and spoke at a meeting of the shareholders of the said Rope Manufacturing Company and asked certain questions of the General Managers of the said Company:

my

His Lordship-I do not wish to press you ─Rs du have begun you must carry it through. I agree with you that the case of proof Tea with the defence Even