1889-09-17 — Page 2

Intimations.

DAKIN'S UNRIVALLED OLD SCOTCH WHISKY.-

↑

BLEND OF THE FINEST WHISKIES A

that Scotland can produce. | *

Thoroughly Matured.

Per Bottle $1.

SOLD ONLY BY

Per Dozen $10.

DAKIN BROS. OF CHINA, LIMITED, CHEMISTS, and

AERATED WATER

MANUFACTURERS,

"HONGKONG.

(Telephone No. 60.)! Hongkong, 23rd July, 1889.

NOTICE

(13

A. S. WATSON & CO.; LD. FLOWER AND VEGETABLE SEEDS.

SEASON 1889-1890.

THE HONGKONG TELEGRAPH, TUESDAY, SEPTEMBER 17, 1889.

We observe that Mr. T. Lloyd Williamese, the editor of the Bangkok Times, who has recently been on a visit to England, bas returned to Bangkok.

We are informed by the agents (Messrs. D. Sassoon, Sane & Co.) that the steamer Japan, with mails from Calcutta, left Singapore for this port to-day, and may be expected on the 23rd inst. Tux Deli Courant of the 31st ulto states that during the month of Angust the tabacco crop was cut on most of the estates. Owing to the heavy rains the previous three months, the yield is much smaller than had been hoped and expected."

The literary examinations at Canton came to an end at noon yesterday, nhd Viceroy Chang Chih-tung left his quarters at the examination halls immediately after for his own Yamên. The papers of the candidates, it is reparted, have been exceptionally good this year.

IT appears that the British ship Baron Blantyre came to grief in the Straits of Rblo on an abstraction known as the Timbaga or Copper Rock. The captain, officers and crew of the stranded vessel have arrived in Singapore, In their opinion the ship is a "total loss," LABOUCHIRE says in the Intest. Truth that has ranched us I announced several months ago that a marriage would probably take place between Princess Victoria of Wales and the Hereditary Prince of Hohenlohe-Langenburg, and I now hear that their engagement is practically

settled.

WR note from our Australian files that the Separation" brand of whiskey, for which it is

WE regret to learn that cholera and beri-beri are again very bad in Acheen, and that the Dutch Army and Navy are suffering severely, MESSRS. Adamson, Bell & Co., agents for the Canadian-Pacific Line, inform us that the steam ship Port Fairy arrived at Vancouver on the 4th inst, and that tea ex Parthia was delivered in New York on the 11th... REUTER told us the other day, with reference to the great strike in London, that conciliatory terms had been arranged by Mr. Manning between the Dock Directors and the strikers. We could not make out whe Mr. Manning could possibly be, little dreaming that the person who acted as mediator was our dear friend the Cardinal that ilk. Reuter's telegraphic service to the Far East and the China Mfail as a news- paper are about on a par.

that the inuendoes are not justifiable, and that Mr. Fraser-Smith has not rightly or fairly drawn from the words used the incendoen on which be bases his action. The second line of defence is that the libel is true in substance and in fact that is a ples of justification, And the third defence is what is known as qualified privilege that it is a fair and bond fide comment upon this man, when be, whether in his copacity as à journalist or not, comés forward, as he himself says, as n champion of morality. He comes forward and invites or challenges criticism. If he chooses to pose as the cham- pion of the public he cannot turn round and complain in a court of law because the criticism made upon him is somewhat unpleasant to bis feelings. Now, my lord, I would ask your atten- tion in the first place to the libel and inuendoes. As Mr. Fraser-Smith himself says, standing by themselves he takes no objection to the first few words which appear in the letter most strik- ABOUT ten o'clock last night a fire broke out

ing example of barefaced impudence" &c. at No. 203, Queen's Road Central, in a house That, he admits, is no libel, but he says that by used as a Chinese draper's shop. The Fire Bricoupling these words with a reference to his gade, under the direction of Mr. H. E. Wodehouse having "consorted with a gang of Chinese of soon got a stream of water playing on the build- dubious repute in order to corner the price of ing and there was every hope of getting the fire salt "an indispensable article of food-he is under control, when suddenly, owing to a strong charged with being a bad character and a hypo- gale of wind then blowing, the fire was com-crite and that he was a party to a criminal conspi- municated to No. 20. Jervois Street, which racy. Now, as you will observe, this letter, of necessitated the removal of the fire engines to which the defendant takes the whole responsi that street, all the buildings there being four- bility, carefully avoids stating that this storied and tenanted by wealthy tradeamen, of Chinese was of bad repute it does not After, half-an-hour's hard work the conflagration say "of bad repute," it simply says they were was got under and prevented from spreading to "of dubious repute." the adjacent premises. We hear that No. 203, office for Queen's Road Central was insured in which Mesirs, Dunn, Melbye & Co. are agents, and that the property at No, 20, Jervois Street, was insined with Messrs. Siemssen & Co. The damages to both shops are estimated (by, Chi- nese) at something like $3,000. It appears that 203, Queen's Road Central,

W importations, direct from the best Growers Separation brand of whiskey, of which of the fire originated from 3 barber's stall at No.

E have just received our New Season's in England, France, and Germany, and are now prepared to execute all orders received for same with prompt and careful attention.

DESCRIPTIVE CATALOGUES for ordering. from (containing hints for garden. ing) will be seat post free on application.

ORDERS PROM ONE PERSON $5 TO $10,

ALLOWED 25 PER CENT. DISCOUNT.

ORDERS FROM ONE PERSON OVER $IO ALLOWED AN EXTRA 5 PER CENT, DISCOUNT. SINGLE PACKETS AT LIST PRICES, WE GUARANTEE

That all seeds sold by us shall prove to be as represented, to the extent that should they not do so, we will replace them, or send other seeds to the same value. But we cannot guarantee the crop any further than the above offer, as there are so many causes which, operate unfa vourably in the germination of seeds in a tropical climate, over which we have no control. Among the causes of iilure may be mentioned unta- yourable weather, which is one of the most important. The seil may be in proper condition when the need is planted, but the weather which follows may be too wet, which will cause the seed to rat; or it may be too hot and dry, which destroys the germ before it shows itself. The soil miny also be unfavourable for the variety of seed planted. And lastly, the seeds may be and are frequently destroyed by vermin of various kinds. Such occurrences are beyond the power of man to prevent, and for which we cannot be responsible.

it," enjoys the show at present throughout the coming republic. Now old Fuh-li (Hall & Holtz), with your usual enterprizing spirit, give Hongkong a show on the "Separation" platform.

SAYS the Singapore Free Press:- We hear that a Syndiente is being formed in Singapore with the object of promoting a Tin Smelting Com pany. It is believed that there is a good field for the employment of capital in the same kind of indertaking as that now being carried on at the Pulo Irani Smelting. Works by Messrs Sword and Muhtingbaus.

THE Band of the A. & S. Highlanders, will play at the Officers Mess, Murray Barracks, this

vening, commencing at 8.30 o'clock. following will be the programme --

..........Aubor

Overture........La Neige"... Valverd

La Gitana. election.......The Grand Mogul... Audren. ......Bollin!. Marchet Arla...11 Phan”. Selection..........."A Musical Busquet' Ganer.

The

MR Wedcheuse concluded the re-hearing of the big apium case, in which possession of the twelve chests of opium was claimed by a Chinese Mr. Francis, Q.C., merchant this afternnon. instructed by. Mr. Webber, represented the defendants. His Worship confirmed his pre vious decision, and fined the three men found in charge $5 o, and the three boatmen $50 each. The money was paid, and notice of appeal given.

IT will probably interest, the "1 Decline to Answer" Editor of the Chinu Mail and his *ck the Ripper" leader writer to know that Mr. Henty Norman, the Pall Mall Gazette Special Commissioner, left Singapore on the oth inst, on a visit to Penang and Perak. We are

·P.

ATENT DESSICATING truly anxious to know what such an eminent authority as Mr. Notman thinks of Punjoms. Now, Brodie!

Jongkong, 3rd September, 1889.

WATSON'S.

OR

(IT) LES

DRYING BOTTLES. We beg to call special attention to our Naw

PATENT DRYING

which have been specially designed and manufactured for us.

By the use of these Bottles, CIGARS, SEEDS, and GOODS of all kinds, which are susceptible to the destroying influences of moisture can be kept in good and perfect condition.

Whenever or wherever the atmosphere is sur charged with moisture these Boules will be found invaluable.

A. S. WATSON & CO., LIMITED. THE HONGKONG DISPENSARY, Hongkong, 3rd September, 1889

A JAVA contemporary say that coal from Pulo Lout, off the coast of Colic, has come into favour in Java of bte Several consignments arriving At Batavia found such ready sale that importa- tions of it continue increasing. The article differs favourably from ordinary Borneo coal. and bears the reputation of burning well and being very brittle. The island on which it is fourd les considerably to the East of the main- land of Borneo.

Tuz case of Oscar Brandi versus F. Grimble in respect to certain shares alleged to have been sold on contract by the plaintiff to the defendant and which were not taken up on due date was to have been heard this morning at the Sum- mary Court. Owing, however, to the illness [of the defendant, who has had a relapse from an attack of fever, and in at the Peak, the Acting Putine Judge had no alternative but to postpone the hearing.

Que Hongkong BelegrapÍ

HONGKONG, TUESDAY, SEPTEMBER 17, 1889.

TELEGRAMS.

GREAT FIRE AT ANTWERP.

LONDON, September 7th. An explosion of dynamite has occurred in a cartridge factory, causing immense damage | 900 hundred and fifty work-people were killed and eighty more injured,

The explosion set fire to two petroleuma Warde houses, which are now ablaze and spreading the fire in all directions.

THE STRIKE IN LONDON.

་

September gib, The endeavours of the Lord Mayor, the Bishop of London, Cardinal Manning, Sir John Lubbock, and others to effect a compromise on behalf of the strikers have filled.

Another mass meeting was held in Hyde Park yesterday, when Burns, the Socialist, delivered a threatening and defiant speech,

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THE Secretary of the Bentong Straits Tin Com- pany writes: As Mr. Becher in his report upon the Company's property states that gold is found to be present to a remarkable extent in' the tie sands,' &c., assays have been made of samples of the ore which were taken by the wharfingers from shipments to London with the following results No. 1. g dwt gold to the ton of ore; No. 3, 4 dat, 15 gr. to the ton of are; No. 4, 14 dwt. 9 gr. gold to the ton of ore. No. 1 was a private assay made in the first instance; No. 2 was made by Mr. Fred. Claudet, of Coleman-street Nos. 3 and 4 were made by Mr. Benedict Kitto, of St. Swithin's lane. Immediately upon these results being keown, and in order that the ore may be treated in bulk, the Singapore agents were instructed by cable to ship a ton to London. The gold is in a perfectly free state, and if the test of the ore in bulk is satisfactory, attention will at once be given to the best means of extracting it before smelting the tio ore. PS Since writing the above, an assay has been received of the smelted tin, showing that the metal, as shipped to England, contains 1 01, 6 dwi, 3 gr. gold to the ton."

SUPREME COURT.

IN SUMMARY JURISDICTION. (Before Mr. A. G. Wise, Acting Puisne Fudge.)

At the Summary Court this morning, the case Lo Pak-shan . Leung Yan Shan (the parties to the criminal libel case beard last week at the Palice Court) was called. This was a claim for $538, which, the plaintiff alleged was owing to him by the defendant, a balance due on a con- tract for building certain houses, the property of

defendant.

Mr. Webber appeared for the plaintiff and Mr. Wilkinson, of Caldwell and Wilkinson, for the défence.

The evidence of the plaintiff showed that the original amount of the balance was $1,000, of which $462 were covered by a promissory note given by defendant. This amount, he had reason to believe, bad already been collected, but owing at that time to plaintiff's being indebted to a man named Ho Yow in the sum of $500, which he was unable to pay, an execution was made on the goods and chattels of his shop which were sold by public auction. The Government collected the proceeds of the sale, but up to date had not accounted for the monies received, either to plaintiff or to Ho You.

The Judge remarked that this was a matter 'in which the Government should be sued; and as things generally were rather complicated, the further hearing of the case would be adjourned sine dis, pending a settlement of the claims from HERE is what the Sydney Bulletin poet has to the proceeds of the auction of the plaintiff's goods say about the recent royal marriage →→

"Duncan Gray cam' harm co wa

Ha, hot the wooing o't,"

"The Earl of Fife, aged 40, to the Princess Louise of Wales, aged 2î.”

Stroke my heard gently, my pretty Louise,

I'm bald baby above

I'm raibar too plump in go'down on my kares,

My princess, my child, and my dove!

My heyday ta dod, while before you are apesad -

Theron and raptures of hfa ƒ

When my grave yawna in view, komnar bright, Urds Lon.

Will you play fighty tricks on your Pľa,

Will you ever becara like the old ‘un, Louise1-

Your princely and portly papa-

Short-winded and ra'ieund, squez and obese,

Or graceful and sweet, like your ma ?. Will you turn out, my car, the proverbial gray mare,

Like your gran'a or Chamberlain's wife 7 You'll be quite young sough, when old aga taker Macduff,

For a second edition of Fife.

before it, finds

At a Marine Court held yesterday to inquire into the charges of misconduct on the part of Dr. Clement Young, chief mate of the British barque Omega, made by Capt. Arthur Vere Brown the master of the voxel, the Court, after hearing evidence gave the following finding:

The Court having regard to the circumstances That the conduct of Clement Young, frat mate of the British batque Omega, towards the Master has been disrespectful, and that he left his duty without proper cause; but as the evidence was conflicting and inadequate as to the assault, they are not The are which broke out last week is still prepared to deal with bis certificate, but direct

that he be discharged from the ship.

The Court is also of opinion that the Master was wanting in judgment in going to the mate's cabin, and that thereby the disturbance was caused, and he is cautioned to be more safe in future.

raging.

THE FIRE AT ANTWERP.

MR. GLADSTONE IN PARIS.

Mr. Gladstone has been banquetted by the

Senators and Depuiles in Paris. Replying to s toast Mr. Gladstone referred in the most cordial terms to France, and hoped that real friendship would ever unite the two great nations of France and England,"

LOCAL AND GENERAL.

TELEGRAMS received by the American and Australian maila, and other Important items, have unavoidably been crowded out' of this

K

issue.

MOTHERS-IN-LAW will kindly give their atten, tion to the following, from the World The Princess of Wales is very anxious that the Duke and Duchess of Fife should be left alone this year as much as possible, and not be overdone by ber formir, so as to let them make life out as ti beat pleases themselves,”

and chattels,

THE SHAMEEN HOTEL ÇO.,

LIMITED.

The statutory meeting of the above named Company was held at the registered office, No. 5 D'Aguilar Street, this afternoon, when there were present Messrs. R. Fraser-Smith (Chair man), J. Plimat, E. A Skeels (Director), Geo. Lammert, W. B. J. Hancock, Mak-hoi, J. F. Webber, and J. A. Barretto (Secretary).

Bang

The Chief Justice-What do you mean when you say a man is of dubious repute? You don't mean that he is a good character!

am

The Altorney General-No; that I doubtful of his character. You might say suspicious character" in the same way, yet it would not be necessarily stamping him as a nian of bad character. Then, as I take it, Mr. Fraser-Smith

goes on-

The Chief Justice-A man who is of" doubt ful character must be of bad character; if there is any doubt about a man's character it is sufficient to make him a bad character.

The Attorney-General-Hat the doubt exists as to whether his character is bad.

The Chief Justice-Ah! but that is not the meaning conveyed.

The Attorney-General-Then Mr. Fraser Smith goes on to say that because we have said he consorted with dubious characters

Mr. Fraser-Smith-" Canfederated." The Attorney-General-Confederated, then, we mean that he was of doubtful character. I take it that that is stretching the view against him to a considerable extent what is meant; nicaning to say "you are consorting with dubious characters of your own knowledge."

The Chief Justice-Yes, but it goes on to say

further,

"to corner salt."

he was not a party to a certain scheme-it all comes to the same thing-that he was not a party to a confederacy to make a corner in salt ? Then he says further that certain of the parties whom he dined with made a proposition to him to square-as he puts it in the paper-the Chi nese authorities And, as he has admitted in the witness-box-the only effect to any mind on reading the report would be that it was proposed to corrupt the Commissioner of Customs at Canton, but Mr. Fraser-Smith goes a step further, and during the bearing of the action (1 | do not say he was wrong at all) he writes a paragraph himself upon one of the parties to the suit-Lai Kit. He says that in his opinion thit man "is an arrant rogue or a consummate scoundrel." And yet-

Mr. Fraser-Smith-1 did not write anything of the sort.

The Attorney-General-Well, I will read the very words he uses. We have no hesitation in saying that he is both," having said in the preceding sentence that he was either an arrant rogue or a consummate scoundrel.

Mr. Fraser-Smith-"Fool" not "scoundrel" The Chief Justice-There is a difference. between fool and scoundrel.

The Attorney-General-He writes that deli berately, with his own pen, his own composition, and now he turns round and takes objection to what is apparent to everyone, I submit-that be was consorting with-or at any rate that he dined and armaged a scheme with people of dubious character! submit that if that is not true in substance and fact. Mr. Fraser-Smith having published the report of this casé in his own paper, having dubbed this man an arrant rogue or a consummate fool, it was a perfectly legitimate comment and inference to draw that he was consorting with Chinese of dubious character. I do not know whether the plaintiff will contest that this was a corner in salt-1 do not see how he can possibly do so, because although he may not have written the headings of the reports of the case, he referred to it as a Salt Corner" in the issue of the 15th Sept. 1888, and referred to it as a "cleverly-arranged but luckless ring." So I do not think it lies with bim to say that this was not a salt "comer" or "ring"for I take the words to be synonymous and I do submit that upon the evidence he has given we have proved that the wards we pub fished were substantially true, in the sense in which they were written. So far as that carries the case, it covers the whole libel, except as regards the comment that What Mr. Fraser- Smith did was little less than robbing the poorest of the community. Now your lordship is prob- ably aware that in actions for slander it has been held that to call a man a "thief" or a #robber" is not actionable unless you can prove special damage. For this reason, it does not follow necessarily that there is an imputation of

crime.

The Attorney-General-No; well, in this case you will observe that the words are neither more nor less than this, that anyone reading these words would not for one moment think that the writer of it intended to imply that Mr. Fraser Smith was a robber, in a felonious sense. Anyone, I take it, reading these words calmly and soberly, would infer that what was meant was that the writer was using an exaggerated expression for the word "deprive." It is a matter of every-day experience, that the words "You're a liar," "You're a thief" are used, but they are not used in their strict sense, they are used in their ordinary sense, as words of strong

comment.

..

The Chief Justice hoped they were not generally used here.

The Attorney-General-I am sorry to say I bave come across them a good many times, even

correspondence.

in

attack; if it is not justified except by fact-na question of privilege comes in. If it is a mero comment on what took place at the shareholders' meeting that is a different thing,

The Attorney-General-Yes, but it is well established that if a man came forward as a champion of public morality and challenges criticism he cannot complain;

The Chief Justice-He cannot complain of ridicule.

The Attorney General-He cannot complain af bond, fide comment as long as it does not exceed a certain limit.

The Chief Justice-But as soon as it becomes a personal attack the privilege endi.

The Attorney General-But Mr. Fraser-Smith's own evidence shews that the alleged libel.. was true in substance and in fact, and even if I have not succeeded in convincing your lordship of the fact, he cannot recover unless you ace of opinion; as you have indicated, that th s goes beyond legitimate criticism. If there was no malicious intent I submit that this letter is a perfectly bond Ade one, and a fair criticism. Bot if your lordship should be against me, and be of opinion that there is a case--a small care I tike it-it cannot amount to much-a small case. of fair criticism-I should say it is not a case for damages. This is not a case for heavy damages, but one in which contemptuous, damages would perfectly satisfy all the claims of justice. It is curious that the editor, publisher, and proprietor of one journal should seek in a court of law what must be, if this case is successful, a precedent against himself. And it is somewhat remarkable that Mr. Fraser-Smith should pose as plaintiff in a libel action-be who admits that he has been, here in this Court, convicted of criminal libel. It is a curious action, too, because I take it that if the plaintiff i successful be, would be the first, in his sober and calmer moments of consideration, to attack such a proceeding by claiming that it was restricting

infringing the liberty of the Press.

Mr. G. Murray Bain was then called. Hesaid: I am responsible for the letter complained of in this suit." I edited it. It was a letter that came in to me and at first I declined to publish it on the ground that it was contrary to the policy of the paper to notice the plaintiff the Hongkong Telegraph. In its original form I also con sidered it too strongly worded. In its present form I bad no hesitation about publishing as being perfectly fair and bona fide criticism. I took the trouble to examine the files in order to refresh my memory as to the facts. I never had the slightest doubt about the letter after it was altered,

Mr. Fraser-Smith:-You did not write the letter yourself? I did not.

Did anyone in your office write it 7-1 decline to answer the question. I take all responsibility. on myself.

You say you declined to publish it at årst— Well, I abjected. My first reason was that it was against the policy of the paper to take any notice of the Telegraph.

And then ?-And the second was that there was rather strong language.

And you cannot remember what was the. strong language which you objected to ?-There were some strong adjectives.

The Attorney-General-The question is what was published in the paper, not what was in it originally.

Mr. Fraser-Smith... I think it is material. So, it is the policy of the China Afoil not to take any notice of the Hongkong Telegraph î—Yes, Have you adhered to the policy of late?—I think so.

You have made no reference to it for some time past ?-The only reference was when I was away at home.

...

Yes, but within the last fortnight--the last few daya-I am not aware of it

Here is a copy of the China Maft of the 6th The Chief Justice-I must say I am of September. Did you write the editorial in that opinion that the gist of the matter complained paper I decline to answer; I am responsible of lies more in the words "consorting with

for it Chinese of dubious repute." The "consorting" was for a parpots, and with persons of a dishonest character. That seems to me the most Important part.

The Attorney-General-Well, admitting that The Chief Justice-That is not the case in it does mean be knowingly consorted with bad libel. characters, it does not follow that we were calling him a bad character, but that we say if you have gone amongst men of dubious character in order to raise a corner in sall." If "inconsistency means or includes hypocrisy then I suppose I must admit that we did style him a hypocrite, but if it does not-and I submit it does not there is nothing in this communication beyond the fact that he is a "bold, barefaced, impudent man." There is really nothing in the whole letter he has quoted from its heading "Inconsistency is a Jewel to its termination, to shew that the writer is doing more than holding up the plaintiff simply as a man whose inconsistency is glaring. But then he goes on to say that we accuse him of confederating with those men. Now whatever the old law may be about conspiring to raise the price of vendable commodities, I take it that, according the law now, if you charge'a man with illegal conspiracy, you must either mean that the abject of that conspiracy is illegal, or that the means to carry into effect that abject are illegal. Now, my lord, what is it the plaintiff is accused of A corner in salt by raising the price of that commodity. There are no illegal means suggested or mentioned, nor is the object in tarif illegal. It is a perfectly legitimate thing to make a corner in salt. Any decisions to the contrary are on a perfectly different footing. If that was a conspiracy to raise the public Funds your lordship remembers the Berringer case, by illegal means, being by false rumours, Or the case of Redds. Hilbur, in which there was a conspiracy to raise the price of oil. All that we accuse the plaintiff of is of being associated or confederated with albers in attempting to raise the price of salt-creating a "comer" in salt, by preventing its importation by so-called smugglers from China. I therefore submit that the Innuendo Mr. Fraser-Smith bas put upon this libel he has failed to establish. He has hardly said a word, and has not referred to it, if 1 remember rightly, on the question of criminal conspiracy, and all that can be possibly said of these words is that they were criticising him as a public speaker who came forward in the public you consorted with a person of bad character in interests, as inconsistent-a man whose incon-order to commit a robbery? Would not it aistency was barefaced and glaring. But the suggest a voluntary combination with à person real, substantial defence in the case is based of bad character ? upon a different ground. We say, whether in your lordship's opinion these words are libellous, or not, that we were justified in writing what we did that is to say that they are true in substance and in fact not that we have to prove every single word to be true, for I submit that it is sufficient if the words are in substance and in fact true in the scuse in which they were written. Now in a very recent and celebrated case which has been just decided at home-I don't know if your lordship will allow me to refer to the mail issue of the Times-

His lordship-No.

The Attomey-General-Yes, that is so. I have felt the difficulty of that upon the words, they are trus in substance and in fact in the standing by themselves. But what I say is that

sente in which they were spoken.

The Chief Justice-Just follow it, out "Consorting with people of dubious repute." Admitting that for some reason some of them, at any rate, may be of dubious repute, and admitting that the purpose was a robbery, le that a Justification? Because you say Consorting with persons of dubious repute in order to commit a robbery." Does not that impute disreputable conduct f

น

The Attorney-General--But if it is true- The Chief Justice-Yes, if you consort with a person and he afterwards turns out to be in some sense a bad character, is it to be true that

The Attomey-General--It never struck me in that light it would not bear that construction on the first perusal

The Chief Justice-It is nothing against a man to have associated unwittingly with a bad character, but it is something against a person's character to say that he voluntarily goes with dishonest persons. ·

Did you write the article? Yes or no?-1 decline to say whether I did or not.

You decline to answer? You edited it, I presume, but did not write it —Yes.

Did you write this, seferring to a letter in the Daily Press: The letter was a reproduction were made at the meeting on the 24th ult... in moderate language df certain complaints which Perhaps

"Shareholder thought that the manner in which they were first ventilated--by shouting out robbery, gross mismanagement, and similar terms calculated to turn the sympathy of the shareholders entirely the other way, and that he might produce more effect by a calm stalement." Do you know to whom that

Mú referred - presume it referred to yourself.

1

thought you said just now it was the policy of the China fall to take no notice of what I did P-It is, and the exception proves the rule.

And are you aware that it is a grous and malicious libel I am not

Then will you read a copy of your own report, Your reporter, I presume is a capable and com petent man They are both competent men, And their reports are to be relled on ?-Yes. Is there anything in the report of the meeting about shouting Well, we, don't shout in a newspaper. servers

But if there had been any shouting. I presume your reporter would have noted it, as a matter of duty. Is there anything about it in there cannot see anything.

Is there any 7. This in your report of the meeting. If there is, point it out. Is there anything about shouting or screaming in that report That would be descriptive, and this is not a descriptive report-it is a report of what took place. MANERA bon

It is a report of what took place ? Were you there?- was noteddomat dal Did you make any inquiries about any about ing or screaming before you wrote this editorial ?

heard it.

From whom did you hear it-Different parties who were there.

Well, who were they? Give their names (After considerable hesitation.) My reporters told

me.

And on the strength of that you departed from your usual policy and "slated the person and paper you affect to ignore made a plain comment upon the meeting.

The Attorney-General-I see what is present The Chairmans-Gentlemen, this is the

in your lordship's mind I take it that you ordinary statutory meeting of the Company,

say it may be raised that Mr. Fraser-Smith when there is really nothing to say. However,

is charged with having consorted with Chinese of dubious character in order to carry. for public information, especially of those share holders who are not present today, 1-am The Attorney-General-Then I will content out his object. I submit that the construc- happy to be able to say that, far, myself with other authorities. I think it is well tion to be put upon it is that Mr. Fraser- affairs have progressed most satisfactorily established by the case of Campbell v. Spottis-Smith consorted with a gang of Chinese (putting The Company has recently purchased, on most woods that it is sufficient to prove that the the words "of dubious repute" in parenthesis) favorable terms, the building on the British words were true in substance and fact-true in order to effect this corner in salt. It does not Concession, Shameen, known as the Concordia in the sense in which they were spoken. What necessarily follow that what the writer intended Hall, which was originally bulit for the purpose are the facts on which, we rely? In 1888 was that he consorted with them in order to of a hotel, and we hope in the course of two suits were commenced in the Original carry out improper objects. The Chinese hap: from six weeks to two months to have everything Jurisdiction of this Court upon promissory notes. pened to be of dublogs character. in wording order. The building purchased by The parties to those suits were the parties to The Chief Justice (who was frequently Inau the original promoters of the Company from whom Mr. Fraser-Smith in his evidence has dible)-It might certainly be doubtful, even if Captain Pitman is now letos very advantageous already referred. The genuineness of the the word "robbery were used, to say that it was terms, and on the expiry of the existing contract promissory notes was admitted, but the defence intended in the sense of crime.

Well, I will not trouble you very much longer, will be lensed for a term of years at a rental set up a counterclaim and claimed that the The Attorney-General-Well, as regards 'Mr which will return handsome profit on the plaintiffs were indebted to them and to Mr. Fraser-Smith's speech at the Rope Manufacturing Here is the China Mall of August 31at. You Company's original investment, We are doing Fraser-Smith in the sum of $5000, During Company's meeting, I submit that although dayThe Dock meeting showed how the wind everything as fast as we can, and at our first the hearing of these sults Mr. Fraser-Smith possibly the writer of the alleged libel may not is likely to blow later on, Mr. Humphreys, who regular meeting I trust we shall be in a position gave evidence. He said he was to receive have draws a very accurate inference from whst gained his point, was far more dignified and to show that something substantial has been $2000 in respect of certain gunboats and $3000 Mr. Fraser-Smith said there, yet it was a permoderate in his language than some of his that we have received a general promise of "corners" He said it was perfectly true that that Mr. Fraser-Smith got up at the meeting done. I am also glad to be able to inform you in respect of the salt dealt with by the fectly legitimate inference to be drawn, seeing opponents." Did you write that -1 degling to support from the residents on Shameen and that he dined with the parties to that suit and and spoke strongly about certain "corners" in there is every reason to believe that the hotel athers, on the 23rd September, 1887, when a Ropes, saying that if the facts stated were will prove a great success. There is nothing certain proposal was made to form a Salt Farm, true, it was robbery. I say that Mr. Murray else to say at present, gentlemen, and I thank out of which he was to get so per cent, of the Bain, who is responsible for this article, was you for your attendance.

profits as their adviser, Mr. Fraser-Smith says perfectly entitled to compare Mr. Fraser The proceedings then terminated.

he was not a partner be was only to be paid out Smith's action in the Salt corner with his of the profits for his advice. Pasiibly he was actions, wards, and statements at the Rope not a partner, and I believe the Chief Justice, mecting it may be that he makes a quis in giving judgment, held that there was no proof take-it may be that he has not drawn quite an of partnership. But that is not the point in this accurate inference, but if-and now I come to

point is that Mr. Fraser-Smith con sorted or confederated with certain Chinese he was to have a share of the profits. It was no to raise the price of salt, out of which doubt very easy for him to deny that he was partner-and probably he was perfectly justified in doing so by the judgment given in the case but how can honow, having admitted that he joined with these defendants, that he consorted with them and gave jastructions for the purchase of salt, and aklated in the common purpose, sharing in the profits-how can be possibly come Hare and say

THE NEWSPAPER LIBEE CASE,

THE_DEFENCE,

THE $25 awarded as damages in the Freser- Smith u. Murray Bain libel case have been added to the funds of that useful institution, the Alice Memorial Hospital. So that ont of evil cometh good, etc, etc. And, by the way, that reminds us that in 1881, when we werg mulcted in $ago damages with costs added and an extra hundred which we generously "cumshawed" the learned barrister who did not win the case for us, the sum total of that little frolle was $813.50, which we have been gradually wiping

The following portion of the proceedings in off for the past eight years in the most Christian the case Robart Fraser-Smith v. George like spirit the plaintiff in Wicking v. Fraser- Smith said something about giving the $250 Afurray Bats was unavoidably omitted from he-thanks chiefly to "Johnny" de Souza's last nights issuet-mana anreliable memory-got out of os at * time) The Attorney-General then mose to open when we could ill afford it, to some hospital by the case for the defence. He said:From what other public instituting of the same character, your Lordship bit gathered from the pleadings .We never yet learned which hospital reaped the you will ece that our delenco là khridion, benefit of that $250, and as we are gradually in the first place, I submit that the words gelling into years we are somewhat curious complained of are not by themselves Ubellons,

case-the

the

answer? published a decline to

.

Did you write it

answer that, But you edited it, I suppose ?—Yes. a m Now to whom does that refer to who were the some of his opponents" you referred to ?---Well you seem to fit the cap

I was the only person who spoke ?—Yes. Were you there?——1 washin

there when I spoke?--Part of the Were you time.

Did you hear anyone else speak? No, I went

question he acts bond fide and brings away. certain amount of common-sense to prove it, Well, point out to me one undignified word or although his inference may not be accurate, yet. lihe In that paper, "Is it necessary, my lord, to if it is an honest criticism, without malice, he is go through all this? a pretender Det er entitied to judgment in this suit. I do not think Show me one undignified or immoderate word I need refer to any specific authority the only in that speech, a reported in your own paper, difference between, this case and the well-known You cannot do it--i think not, məq case of Wason D. Walter is that there the pri- vilege set up was undoubted, and here it is which, is k own as quasi-privilege, S

The Chief Justice think the whole question is not one of privilege at all—17 It is a person it

Witness then, formally acknowledged waiting and receiving the letters published in yesterday's Big Issue, relative to the salt,

The Attorney Genaral-I take it that made no exception to your rule of not seticia