1890-02-13 — Page 2

Intimations.

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Per bottle, 40, 70 Cents and $1.25.

Dr. Easton's Syrup of the Phosphate of Iron, Quinine, and Strychnia.

A prompt and powerful Tonic, very beneficial In all cases of debility, where there is suscepti- bility to fever. A certain specific in cases of exhaustion and want of nervine power, arising. from over mental exertion and the depressing influence of the climate.

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This mixture is prepared from the recipe of a celebrated Indian physician. It is widely used throughout India and Burmab, as the most suc cessful medicine in those cases of liver and kidney derangement, brought on by the evil effects of malaria, or too long residence in a tropical climate.

It is a powerful Tonic to the digestive organs, and gradually removes the most complicated forms of indigestion. Per bottle, $1.50.

WINES AND SPIRITS.

}

THE HONGKONG TELEGRAPH, THURSDAY, FEBRUARY 13, 1890.

THE NETHERLANDS.

THE HAGUE, February 3rd. The Minister for the Colonies has resigned.

RUSSIA AND CHINA,

LONDON, February 4th. The Russian Press states that the reported construction of a railway from Pekin to Girin demand measures for the protection of the Russian frontier,

"THE TIMES" AND MR. PARNELL.. Mr. Parnell's action against the Times for wablishing The facsimile loiter has been settled. The Times pays £5,000 damages.

FRANCE.

PARIS, February 4th. The French Expenditure for 1889 exceeded the revenue by thirty-six millions francs.

ENGLAND AND PORTUGAL,

LONDON, February 17th. - The objection to England is taking a decided form. in so much that the Oporto Club has had its windows smashed because the English members were not expelled, and the British Consul has been challenged to fight a dual by a Portuguese.

left to a species of Lynch iw peculiar to the rape-course. He is generally stripped, besten until he in black-and-blue, and then soused Into the nearest horse pond, the police, on the strength of a perfectly understood if unwritten law, de- clining to interfere. The notion of a "welsher" sucing a client in a court of law is far too ludi- crous for serious consideration, and yet what was the actual position of the paintiff in Brands (reining this plaintiff) v. Grimble P On his owa showing he gambled to win; when he lost he could not pay, and therefore he was in the position of the social carlah above described, and is our opinion outside the pale of legal pro. tection. Repudiation of a contract that a man enters into. with his eyes open it so near a fraud that we scarcely know where to draw the line, and Acting Justice Wise says in his summing up that there was evidence that on August 27th the plaintiff gava distinct notice to the defendant that he intended to repudiate the shares and would not take them up Why did he alve notice of repudiation? Plainly enough because he gambled on an expected riie, and as the dice turned the wrong way he was left no other al- ternative. Brandt (meaning this plaintiff) played to win and made no preparations to meet a loss. And this substituting a race-course for "the Riatto is "welshing" pure and simple.

There was another issue in the case, a side Issue, in which Brandt (meaning this plaintif THERE will be a game of Polo on the Race-sought to recover $534-35 which his brokers, who were also Grimble's brokers, and had the usual authority to "square up" accounts between cllcuts who had cross transactions, had credited to Grimble, but which, however, is not of suff- cent public importance to call for detailed criticism. Brandt admitted owing the money, and did not show any just cause why it should not have been paid, and on this paint the Judge- was very pronely against what was a mean at- tempt to evade a responsibility that was not dented (meaning thereby that the plaintiff the sild Oscar Brandt was a man of no means and of no credit, that he had deliberately entered into contract for the purchase of shares withnut having the means or the prospect of paying for them or taking them up, and with the deliberate Intention of repudiating the contract if it was to his advantage so to do, that he was in the habit also acting and was no better than a common swindler) to the great injury and discredit of the said Oscar Brandt.

LOCAL AND GENERAL.

course, to-morrow, at 4.45 p.m.

►

Tir only business at the Sanitary Board meeting on Friday, will be the correspondence regarding drainage of rural building lol No. 7. THE following Eleven will represent the Club t Návy in a match to be played to-morrow and Saturday, commencing at 2 p.m. to-morrow :---- T.S. Smith, (Cant); Capt. Davidson, (A. & S Highlanders); F. Mailand, A. J. Campbell, (A. A. S. WATSÓN & CO., LD. & S. Highlandera); Dr. Lowson, C. Wahab, (A. & S. Highlanders); H. Woodcock, R.A.: E. J. (ESTABLISHED A.D. 1841.).

Young, R.E.; L. Barff, Capt. Butcher, and A. Ñ. Other.

BY APPOINTMENT.

HONGKONG.

WE med Brands, all of which are of ex- THE NEWSPAPER LIBEL CASE.

JE invite attention to the following old cellent quality and good value for the money.

The same being specially selected by our London House, and bought direct from the most noted Shippers, are imported in wood and bottled by ourselves, thus enabling us to supply the best growths at moderate prices.

In ordering it is only necessary to state the name and quantity of Wine or Spirit wanted, and initial letter for quality desired."

Orders through Local Post or by Telegram receive prompt attention. PORTS (For Invalids and general use.)

Co. Per Dot.

A Ako Douro, good quality,

Green Capule

B Visage, Superior quality,

Red Capsules........

'Ter dozen

$10.

12

C Fine Ol Vintage, suosior

quity, Black Seal Capsule 14 D Very Fine Old Vintage/extia superior, Volet Capsule (Old Bottled)

SHERRIES.

CC

A Debeste Pale Dry, dinner wine, Green Capsule.

I

+

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1.25

18 1.50

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Su erior Fale Dry, dinner

we, Green Seil Capsule...7.50

C Mizalla, Paid Natural

Sherry, White Capsule... to Superior Old Dry, Pale Nalar 4 Sherry, Red Seal Cap-ule....

D Vey

Pale Superior Oli

old Wine,

Dry, civice

White Seal Capsate.*

E Extra Superior Old Pale DAY. very finest quality, Bock Sell Capsuls" (Old Botiled)

CLARKTS.

0,60

BRANDT V. FRASER-SMITH.

The Supreme Court was filled with a very mixed audience all to-day, during the hearing of the case in which Oscar Brandt sued Mr. Robeit Fraser-Smith, editor and proprietor of the Hongkong Telegraph, for $50.000, damages for an alleged libel Mr. Fielding Clarke, Acting Chief Justice, heard the case, Mr.

And the aid Oscar Brand claims damages $50,000.and his costs of suit.

Dated the aist day of November, 1889.

Signed IRO, J. FRANCIS.

1. The defendant admits that the plaintiff at present resides at Victoria in the colony of

is a merchant or not.

success. To shew how high his hopekwere, and I have taken some pains to get to the bottom how they were frustrated, and how that frustration of your double dealing here, and have succeeded was the source of all the malice which he afer to a greater extent than I ever anticipated. So wards shewed towards Brandt, it would be neces. long as you got clear away from Hongkong you sary to put in one or two letters written by him. I did not care à curae what became of "me. "You (These letters are given in the plaintiff' knew quite well that I was between eight and. evidence). Mr. Robinson added that the mar ten thousand dollars, to the bad-at least five who had written those letters had never for given thousand of that amount owing to your selfish the man to whom be wrote them as his audse- | rascality-and you were mean enough to obtain quent writings had shewn. He then rear A few hundred dollars of money by falan pre- numer us extracts from the Telegraph, ranging traces, and clearaway with everything you coult up to this year, to shew that Mr. John Pitmarlay your hands on, although perfectly well and Mr. H. 5. Bidwell were Brandi's rivals, and aware that I was hard pressed to meet heavy Fraser-Smith's friends, and had inspired many liabilities, a great portion of which I knew of the attacks, After dealing at length with the thing leader of the 9th October he said, in conclusion that the plai tiff came there to vindicate bis character as a member of society, wrested from him by the wrongful and malicious acts of the defendant.

Was

1

2+

...

It is not my intention to take up the paltry affairs which have come to my knowledge more than I can avoid but there are some things that cannot be overlooked, and the time has now come for a settlement of our account--a final settle The plaintiff was then called. He said:ment. Last year you owed me a balance am a merchant and commission agent. I was of $162.49. I make you a prezent of that, If you born at Hamburg, and educated in a commer- are contemptible enough to accept it. This cial school. My father was a merchadt and year for private accounts I paid for you, and insurance broker. I have a brother there whe monies advanced (thank goodness, I have your is bead of a large mercantile house. Another acknowledgments for most of these) the total brother is head of a silver-mining company in amounts to $116,63-from which you make out Spain-be has a reputation all over Europe as you paid $159 on account the stable and this an inventor. He got a medal at the Paris Ex I allow. The balance to year debit is therefore hibition in 1871. I have also relatives in $177.63, which added to $tog So you received London and New York. There is no truth in from Chater and $78 from Mortimer Murray the libel quoted from the London. Weekly makes the total $365.43 (There are other Dispatch as to my parentage-the lette amounts you received which I allow to stand never written by me and ló a deli over for the present). From the $36:.63 you can berate falsehood. I left Hamburg for China deduct $130 for freight and passage monty to in 1863 with M. Wieler, who knows my people. Shanghai and $30 for the purchase of Scotch stayed three months here," and then went to Reel in. Ladies Purse-of which by the way. I Shanghai as chief clerk to Latham & Co. The knew nothing until the races were all ever- urm failed in 1867 and I became liquidator. I leaving a net balance in my favor of $315 43. was afterwards with another firm as chief clerk. Now to prevent any misunderstanding I tell I left them next year and started business as a you plainly that if I do not receive a draft for that bill broker. I was successful until when I left amount on or before April 15th you will have in 1885, and left Menus. White and Miller into bear the consequence. i shall expose you not. charge of my business. In 1980 I met Mr only in Hongkong, but in Shanghai, Foochow Fraser-Smith at Shanghai, He selected some of. Amoy, and throughout the Far East. I think my cast-off ponies, and began preliminaries I can promise you that when I lay a statement which resulted in a racing-partnership for of my case, with the necessary documentary next year. I trained and rode the ponies, evidence, before the public through the and was successful in 1882 1 was down here medium of the "Telegraph "! and before again. I lived in Mr. Fraser:Smith's house every racing tribunal in China that your whilst I was here, and was on very friendly racing career has finished. A good excuse bas ferm. I. 1.83 we went in for racing on a been waited for for some timeby the racing author larger scale, and although we won several races rities not only bere but in Shanghai to justify there was a loss. We made arrangements for your being "warned off" for life-I saved you continuing the partnership the following year in Hongkong after you had been condemned as I got the follow ng letter that year:-

a livery stable keeper and unfit to race with gentlemen, and I have what they require te dy to my hand.

VICTORIA GAOL.

Hongkong, 8th, August, 1882,

Robinson (instructed by Mr. Dennys) appeared Hongkong, but is not aware whether the plaintiff that they have sent me, to this summer retreat up by the time named look-out.

for the plaintiff, and Mr. Fraser-Smith defended in person. The following jury were called: Messrs. H. W. Dick, A. J. do Rozario, C, O'D. Gourdin, J. A. Moseley, J. D. Hutchinson, A. J. David, and Tsao Ping. }

Mr. G. R. Lammen was also called, and objected to by Mr. Fraser-Smith as being a

witness.

Mr Robinson opposed the objection, declaring that he was willing to take Mr. Lammert's evidence from the jury-box.

Mr. Fraser-Smith thereupon formally objected, and called Mr. Webber who stated that Mr. Lammert had admitted to him, that he had formed an opinion about the case, believing that Brandt was entitled to something---say $100.

His lordship sustained the objection. Mr Robinson, in owning the case for the 1.00 plaintiff, said that his first duty was to read the petition and answer, which were as follows

.0.75

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BRANDY.

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B Superior Very Old Cognat,

Red Capsule

C Very Old Liqueur. Cognac

Fed Capsule........ 18

D Hennessy's Finest Very Old

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lage, Red Capsule

· SCOTCH WHISKY.

A Thorne's Blend, White Cap-

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B

Watson's Glenorchy Mellow

8

"

3. The defendant admits paragraph 2 of the plaintiff's petition.

3. The defendant admits that he published the paragraph set out in paragraph 3 of the petition, but denies that he did so falsely and maliciously, and farther denies that the remarks. qusted therein are libellous, or can be made to bear the meaning attributed to them in plain:lif's averment. The said words are a fair and accu- rite statement of a report concerning certain proceedings in which the public had a common Intercat, and were published bond fide and without malice in the course of the defendant's business as a journalist, and are therefore privileged.

1889.

R. FRASER-SMITH.

4. Defendant'admits publication of the extract from the London Weekly Dupatch newspaper quoted in paragraph 4 of the petition but denies that he did so maliciously, or that it is a defama- 1. The plaintiff is a merchant and commission tory libel on the plaintiff. In answer to para- #gent residing and carrying on business at graph 5, defendant says that on or about the Virtaris in the Colony of Hongkong ander the 7th day of September 1889 the plaintiff issued a style or firm name of "Brandt and Company." writ out of this Honourable Court in its Summary The defendant is the editor, proprietor and Jurisdiction against P. F. Grimble, wherein the publisher of a newspaper published daily in plaintiff claimed $996.39. for differences upon Hongkong and known as the Hongkong certain shares. The case was beard in open Court before His Honour the Puise Judge on Telegraph. 3. On

about the 23rd February, A. D. 1886 the 28th September 1889, when judgment was the defendant falsely and maliciously printed given for the plaintiff for $392.65 and costs. and published in his said newspaper of and The article releired to in the said paragraph 5. concerning the plaintiff and of and concerning was published by the defendant bond fide and his conduct and credit as a merchant and com-without malice and for the public benefit and in $1.50 mission agent the following false scandalous the usual course of the defendant business and duty as a public journalist and was and is a and malicions libel :- 5.00

With reference to the paragraph in our issue correct, fair and honest comment of the raid 7,50 12.00 of the 13th instant regarding an action brought proceedings.

Dated 5th December, by Lum Hon against Mr. Oscar Brandt for the Por Bol recovery of brokerage on an alleged sale of arms

we are informed that same publicly interesting Mr. Robinson continuing, said that the plain details will came to light at the heating which tiff was probably well-known to the jury as a $1.10 will not only seriously compromise the defendant gentleman carrying on business as a merchant butalso those from whom he purchased the arms.and commission agent, doing a large business 1.25 We are also informed that the matter has with the Chinese Government. The plaintiff already been brought to the notice of the Crown Was A man even better known-a man of 1.50 Prosecutor. In the suit Mr. Jao. J. Francis undoubted ability, of no deficiency of intellect, Q.C. has been retained for the plaintiff ec etc. With regard to the legal points in the case, (meaning thereby that the said Oscar his lordship would instruct them, so he would 1.00 Brandt This plaintiff had in or about a leave them. But by way of showing the general re- drift of the case he would briefly go over the sale of arms in the said pangraph ferred to been guilty of some criminal various points. The publication of the thres 0.75 offence and was about to be prosecuted before a libels was admitted, but their falsehood was

Criminal Court therefor.)

denied. It might be intended to set up justifica- tion and privilega.

Pis lordship said that he would direct the jury as to whether there was privilege or not.

Mr. Robinson, continuing, raid with respect to the question of malice, it was not necessary to "We learn with considerable astonishmentthat prove that the law presumed it, but it would be Hongkong boasts the possession of st aspirant alleged in this case as an aggravation of the 1.99 for the honors of the PR. championship. The offence They said that the libel was a London Weekly Dispatch of the 25th November wilful slander, and if they prayed it they would has the following paragraph, which we publish be entitled to ask the Jury to give such damage. without comment "The" Negu York Bux of a would mark its sense of the wrongful the rth instant, contains a challenge from Istentjan. Therefore a good deal of the evidence 0.75 Hongkong to Jake Kilain. The name of the brought before the Court would be to show new man is Oscar Brands, his sporting cognormallce. He would put in extracts from news 1.00 man being "lago Relish." He says be will papers shewing a systematic course of ilbelling. fight the winner of the coming combat for the of the plaintiff by the defendant, He then 1.10 championship of the world, the diamond belt, and quoted two cases in point, in support of the $5,000 or $10,000 a side, the fight to come off in claim for damages, and was checked by 1.00 America or Chine, with $1,909 for expenses, his lordship for mentioning the amounts awarded. Oscar Brandt is unassuming, as he says "The He continued that besides the question of 0.40 following are my dimensions; height 6 feet a damages there was the question of compensa- inches, chest 45 inches, stomach 99 inches. tion. The greatest injury bad been done to 0.40 Note-I give you the measure of my stomach is ellent, in his transactions, by the libels his 0.50 10 that you shall have a belt purposely made for business had been brought to a standstill. me weight in condition 217 lbs. age forty-five. though formerly he was in a daily Improv The comment about his stomach and belt is ig position, with a growing reputation, such 1.03 simply delicious. Brandt, in farmishing farther as it might take him a life-time to re-establish Good Leeward Island...$1.50 per Gallon, particulars, haya F56 far as I know I have The only way it which he could re-establish LIQUEURS.

never seen my father and I am doubtful about it, indeed, was by the Court bearing the true Benedictine Maraschino -

my mother. Born good looking, at least I think circumstances and expressing an opinion of Curaça Herring's Chery Cordials, educated in a big ranch between Mongans the defendant's treatment of the plaintiff Mr. Chartreuse Dr. Siegert's Angostura and Manchuria, fight under any rules, Ave Robinson then proceeded to give the plaintifs

Bitters, &c.

minutes start to be allowed in case my Chinese genealogy, to prove his respectability, and traced wife should get wind of this and I want to be his career in the East up to 1882. off." Mr. Oscar Brandt is evidently a humourist. If his domestic experiences are as they appear to be it would be quite as well both for himself and Jake Kilrain the fight did take place in

Blend, Blue Capsule with Name and Trade Mark...... 8

C Watson's Abelour-Glenlivet, Red Capsule, with Name and Trade Mark..........................

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E Watson's Very Old Liquear

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A John Jameson's Old, Green

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B Joba Jameson's Fine Old,

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C John Jameson's Very Fine

8

10

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Finest Old Jamaica, Violet

Capsule............................... 12

4. On or about the 31st day of December A.D. b.75 1886, the defendant falsely and maliciously

printed and published in his said newspaper of and concerning the plaintiff the following false 0.75 scandalous and malicious libel.

1.10

The Hongkong Telegraph

HONGKONG, THURSDAY, FEBRUARY.13, 1890.

America."

His lordship suggested that all that should be left to cross-examination--everyone was segumed to be respectable until the contrary was shown. would be sufficient if the friendship between plaintiff and defendant was shewn,

5. On or about the 9th day of October 1889, Mr. Robinson acquiesced and proceeded to the defendant falsely and maliciously printed and shew the defendant's motive in writing what he published in his said newspaper of and concern, did, In 1873the plaintiff joinedibe Shanghai Race TELEGRAMS.

ing the plaintiff and of and concerning his cons Club, and in 1880 he met the defendant, whe pur- duct and credit as such merchant and commission chated some ponies from him, and made overtures ITALY AND ABYSSINIA.

agent as aforesaid a false scandalous and mail for a racing putnership in Hongkong the follow LONDON, February 3rd, cious libel in the words and figures following ing year. They were associated in that way st the The Italians have left Adowa and returned to

that is to say

sert Hongkong race meeting, and were Italian territory: An Italian East African Com. In England there is a class of speculators (3) successful. Brandt the lived at Fraser-Smith's pany is projected to establish factories within who attend race-mealing for the purpose of Louse, and was on Intimate terms with him, betting with Ignorant persons on exactly the in 1882 they again raced together. and The meeting in 1883 was same principle that Brandt (meaning this plaintify bed a small lo bought shares from Grimble for forward delivery boked forward to with the keenest by Fisser They take people's morgy, and whilst the race is Smith-be hoped, ip de great things, his being run they vanish, and are not to be found position was not a flourishing one, and he hoped by the backers of the winner. These rough ranke large sums on the race-cours With are called "welsheim" and when as sometimes that obj:et be again collaborated with Brandt, Mr. Stanley is to have the freedoms of the city happens one of the fraternity is caught at his who was to found the ponis and riders, his of Edinburgh conferred upon him.

nefarious business, he is by universal consent | partner taking the other steps necessary to insure

the Italian protectorate."

RUSSIA The Government has decided to establish forthwith a Naval Station on the Baltic near Libau at a cost of 13 millions of roubles.

MR. STANLEY,

MY DEAR BRANDT)—You have of course heard

until the 18th of September, for libelling that stinker" Bandmann. He is a Polish Jew, not a German, so I can speak freely about him without giving you offence. It is a most unbeard- of punishment, however, I am quite happy The people in Hongkong are very indignant about it, and were getting up petitions, and God knows what, when I sopped them. I can serve out my time very easily.

Being a first class misd meanant I have two rooms, my own furniture, wardrobe, wines, &c &c, and my servant brings my chow from home, friends visit me at all hours, and I conduct the and they allow my dogs to stay with me. My paper the same as before. The only punish ment is confinement..

I

I have now said enough, and unless you pay Obtaining money under false pretences is swindling, and that is the crime of which you have been guilty, will also thank you to return my borge-boxes by the first steamer after you receive this letter. who knew you well.

I had plenty of warnings about you from those justly treated and paid no heed to good advice. I thought you were un. My eyes have been opened at last. It is all in life's experience, I suppose; but I fincy I shall yet have an opportunity of repaying you in your own coin. "I am a shamed to think that 1. was in any way associated with a man who could act such a mean part.

your anapices I presume. I am quite easy on I see that Gun has opened business, under his accrunt however; he knows you..

Wishing you all the success at the forth-

I did not come up lo Shanghai, as a friend of mins, a Mr. Lewis, was coming; and as becoming meeting that you do erve, and advising

you to settle our little account without delay, if Personally knew Miss Mylford I left him to try she would not come, and I don't think her get over, I am and induce her to come down. As you know you wish to avoid trouble that you will never evidence, would have done me a great deal of

Your disgusted victim, good even if she had come. However, the business is all over now, and I am very quietly enjoying an unusual test.

the

R. FRASER-SMITH.

I sent him a contra-account, shewing that he owed me a few hundred dollars, which he has not paid to this day. I think it was about $300. I never sent

be asked, cheque and repudiated all his insinuations. An angry correspondence ensued, which I cut short in May, ` It was resumed by a friendly letter from Mr. Fraser-Smith some four or five months silence. It was dated the toth December, and was as follows:— «

Hongkong Telegraph,

roth December, 1883. (Private)

You can

Now about racing. Our subscription griffins are again on the fapis, and a meeting will shortly be beld to make preliminary arrange ments. I will let you know what takes place, I see by the papers that training will soon com- mence for your Autuma meeting. I sincerely hope you will have good luck this journey. You have sold Music for Tls. 400, so I presume he is not all right, or that you have two or three (at Derby will be the most exciting event ever least) better ponies in your stable. Our next

known in Hongkong, and there will be more money won on it, than on any race ever con- DEAR BRANDT,-As you doubtless have tested here. I am relying on you for the cattle already heard, I got out of my libel care with and Hiders will do the rest. Chater of flying colon. I shall be glad to have "Old Fiddle" as soon after Fourlow Racer you one is cock-a-hoop, about the two, griffin like. It would be as well to let him have Lewis bought for him; but; I don't think, 3.18 Bach 3.132 was done by several ponies. Hutchings the time he has been in training.

a certainty considering that a fortnight's rest after his arrival, considering writes me that he has nothing, that you are no let me have one more pony if you think it better off, and that the Derby lies between good enough, but you must decide that yourself Chater and Jardine's lot. There's many a slip, after you are here. I should, in consideration &c. Forbes has no doubt got something that of ore-ball of the old moke's winnings, serve can gallop, or he will get something-and as the right to claim you to ride Second Violin. Hughes, Hutchings, and McCulloch must name when required, unless, of course. you had a two ponies each or lose their coin, they will also special reason for riding something in your own find something. Whatever you have, keep them stable, presuming that you have a stable. as dark as the grave. We are not going to be There has been some talk about your coming favorites this year if I know it. About old down here, and I have heard ugly words said panics You hare still Second Violin and about yeu more than once. You have some Go Foward, I suppose you will run the last named enemies, but they can do nothing and whatever in Shanghai, Keep the "Fiddle" for our races may happen you can rely on my doing nothing here, where he will be fresh, and in better form to harm you. I felt very bitterly against you then. What has come of Second Coract ? last Spring-not without cause. understand First Comet is all right again, but that is all past and gone and I am not the man to will he stand a thorough preparation ? I doubt cherish a life-long animosity, or to injure anyone it very much. I think I mentioned before maliciously, I mention this so that you need that Chater gives a prize 100 sovs, (in gold)not be afraid to make whatever arrangements for a mile and a half race on the first day. This you think proper with any other person in will be worth winning. but Wild Dash stands Hongkong. But I must have Old Fiddle" in the way, unless something unforeseen should You will be glad to hear that at least two of my win up

In any case we shall be able to sub. griffins are flyers. All being well, I chall "place" ourselves better next year than we did be with them this time. I hope you will win a last race meeting. I should be very glad to lot of races at Foochow, Chater's ponies, and see you have a good meeting In November, You Nichol's came down on Saturday-Reefer, Sun- ought through Music to know what chance you light, Horn-plpe Montezuma, Newmarket, Rose, have of winning the St Leger. I scarcely think and about six of seven griffins. you would have sold Hualachan if he had a

Yours in haste, great chance of winning, and yet he is so game, and such a stayer, that I should be sorry to ·I did not send Second Vialin down to him, and know all about what is going on, and if I may and not with Me. Fraser-Smith. I considered under-rate his prospects. Write and let me in spite of the letter I came down and raced, rest easy about the H. K. Derby,

Keep your spirits, old man, for although we both have bad fearful luck this year better times

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collision with Mr. Pitman in consequence. I had scen bin writing articles for the Telegraph, when living with Mr. Fraser-Smith. In December, after getting the $8,0 o. I set up in business, chiefly as agent to the Chinesa Government for arms, machinery, etc. I also Uld general commissions. I got a fair amount of support. I got introductions to the officials, including the Viceroy and Hoppo. My inter- preter got me the introductions: I was in competition with Mr. Pitman. In February a paragraph appeared in the Telegraph, alleging that an action for $7,500 had been brought against me by a Chiese broker at Fuochow. It was quite untrue. Onthea3rd a second paragraph appeared, saying that the Crown Prosecutor had been communicated with, and that revela'ions might beexpected. That was entirely untrue. I never heard any more of the suit, except when. Mr. Bidwell offered to withdraw it ifI paid him $500. The effect of the pangraphs was injurious. I got an s«nvelope sent by Mr. Bidwell, containing slips on which was printed "The latest relish-lago on toast!" and a note "look at the Hongkong Telegraph for February 23rd," My sporting cognomen is "Bill," but Mr. Bidwell called me lago once. I told him not to call me that again. Mr. Bidwell was a friend of Mr. Fraser- Smith's, and contributed to his paper. He wrote some sporting notes in February 1885 about iny riding of Odawan. The succeeding paragraph, which speaks of à race being "thrown away by a tinker" refers to my riding of Highland Fling There was about $25,000 on that pony. I established branch agency in Canton after starting business, here. In 1886 I contracted with the Hoppo to negotiate a loan of a million tacla. Tis. 300,000 were to be got at once for the Hoppo, and the rest to be got for his successer. I got 88,000 commission in respect of the Tis. 300,000 The rest was not put through.

4

His lordship stopped this line of questioning Witnessed continued that a paragraph appeared in the Telegraph after that which condemned the transaction. It was translated into Chinese. Mr. Robinson, in answer to his lordship, said that he wanted to shew malice--not as affecting damages.

Witness continued:-There was a second paragraph about the new Hoppe staying in my house on his way to Canton. The "rivals" mentioned as being "jealous" included Russell and Co, the Hongkong and Shanghai Bank, ele, (laughter) The Hoppo was great man, with a large retinue, and lived in my whole hong, which was a great bonor, as he was closely related to the Emperor. Next year I got some coal and provision contracts with the Chinese Government, and at that time tried to get a concession granted to enable me to build a wharf at Canton, but found, that my private agent had been suborned, having received a promissory note for $5,000 from Mr. Bidwell, Mr. Webber signing as witness. That prevented my getting some affidavits from riparian owners, and Ithereby lost the concession. I had other contracts with the Government. In 1888 I tried to establish.. a paper manufacturing company in Hongkong; all the capital was subscribed. Another para. graph appeared on the 31st December. The first intimation I received of it was a very extraordinary letter from the Editor of the New York Police Gazette. I couldn't make it. the letter quoted in the paragraph, out until I saw the paragraph. Ihad not written

His lordship pointed out that no innuendo was alleged-the plaintiff was only called a prize- fighter. It would be a question for the jury whether it was meant seriously or only in banter. Plaintiff continued-The letter, was dated November rath. Tre paragraph says. "I have never seen my father, and I am doubtful about my mother." I had previously, when staying with Mr. Fraser-Smith, told him about my parents, I had also told him I did not know how to box. My mother had died only two months before the paragraph appeared. The paper manufacturing company fell through, and as I had made, a twenty years' contract with the concern, as manager, I get $5,000 paid as Indemnity, last June. I had been watching the share market for some time, and began to deal in shares. I had small transactions at first, and as they were successful I extended my operations, 1 did a fair business, my tran sactiona from June to the 9th October amounting to about $1,500,000. I made profits, I calculate, of about $30,000. That included defaulters and everything. There were a good many defaulters -to the extent of about $35,000, apart from bankrupts. I was a creditor of Grimble's for $18,000. I expect to get payment of the $35,0:0 fidgment is given in my favor. I had some dificulty in doing business at first, but gradually my name was known as a good one. Since this leading article I have had great difficulty la doing business-people refuse my and the brokers have to sign for the con cerned," Allowing for the present depression, there have been several

since the

booms

name,

article, and I wanted to sell Lands and Sugara, but people refused to take my name,»

His lordship You are treading on dangerous ground, aren't you?

Mr. Robinson-I am proving special damage, Plaintiff-Since October I have only had about $20,000 in transactions. examination. But, however,

His lordship again stopped the line of

Plaintiff, continuing The proportion of my cash transactions to time transactions before the Article was very greatly in favor of the latter, but my credit was afterwards, impaired. I sued Grimble for #gro, before Mr. Justice Wise

Mr. Robinson desired to put in the China Afall's report of the case, but it was objected to, Plaintiff continued-The papers reported the case. : The Telegraph report was shorter than the others, Mr. Fraser-Smith has admitted that he founded the "leader" on the China Mail. report, He was present when judgment wis delivered, and also heard the summing-up. He gave Mr. Danby, Mr. Toeg, and, Mr. Webber, as his authorities for writing the leader, I did not gamble to win on my transactions with Gritable; I only stood to loss, because I had sold: the same shares at the same price. My

the letter an attempt at black-mail on his part. Benjamin would be a defaulter, which turned out Second Violin had just won the Champions at to be the case. If everything had gone right I Shanghai, and was considered a very wonderful should have made neither a profit nor a lens pony. I had had a good deal offered for him. I had taken special precautions against being It might has put money into Mr. Fraser-Smith's caught on a rising market Grimble st pocket if I had given him Second Violin. (A $3000 of mine, and had bought 200 Sugats discussion arose here between Mr. Robinson for October. I therefore asked him to keep and his fordship as to whether a secret transfer the ga, he had sold, me as part of that I came down to the meeting in 1883, bringing | would have been calculated to ; defraud: the f lot." He refused, and sold them, and so the::"

must come+

And now, good bye,

With kindest regards, bollere me always

Yours very sincerely,

R. FRAMER-SMITH.

R. FRASER-SMITH.

Highland Fling, with whom we expected to win public, bis lordship holding that it would, in the Derby. I again trained and foder About which he was supported by Mr. Fraser-Smith) three weeks before the races Highland Fling went Plaintiff continued ;—I would not have sold lame, but I brought him round, and he ran. He him to anyone. He died at the race meeting could not stay the distance, however. We had here from poisoning, I believe.. considerable losses all through the meeting-the Mr. Robloxon=7 need hudly say there je no other ponies did not answer expectations, (asinuation here. returned to Shanghai in March 1883 and received the following letter from M, Fraser- Smith on the 28th:

28th March, 1883

His lordship-Then why mention it pastebinti Plaintiff-On my return w Shanghai I formed Aptnership with Mr. Ridwell, and subsequently disputes arote between using the maiter of MY DEAR BRANDT.-Messrs. Sjemusen & Co.. Chinese business....We referted it to arbitration, forwarded me your memo, as the account for and I was awarded about $15,000, and cleared | freight of pontes, &c. to Shanghal. I of course from all his charges. Mr. Bidwell did not pay simply informed them that you had not written me. In 1881 I came to Hongkong to get money to meat all (as you said you had) and that I from Bidwell, who was here. There was some declined any responsibility in the matter. You of his money in Mess, Ruell's bands, and

ze onsiter the slightest consideration given brought an action to get it. I ultimately received the maiter I hardly #8,coo. Whilst the matter went on I goi came think you would have overreached yourself and accountant wo kin compection with Mr. placed yourself in such a thoroughly ignoble Jurgens' estate. Mr. Jurgess had been fighting position for the sake of x a few hundred dollars. against a Chinaman and Mr. John Piman, However, you have dong so, and you will have who had got Judgment. Mr, Jurgens was put" into giok for debt, and 1: came, Into to hear the consequences,

only danger was that the buyer from me--Mr,

mean

suli: arose. At the end of the month be owed me a good deal of money. I gained my point in the suit. The assertion in the article that I could not have taken up the shares was not true-Grimble held the money

pay any ference all the time. I madé, no attempt to sneak out of the transaction.”. Į wrote a letter to Mr. Fraser-Smlib about this?” His lordship did think that that was material. Mr. Robinson urged, that it shewed, that the defendant had bid an ample oppertunity of apologising ngeto

3: Mr, Fraser-Smübel have had no opportunity whatever opp i den for deta

Pisintiff demanded ans spalogy, and did not receive any.

Ms. Robinson was proceeding to prove para graphs headed Broker Brandt," and The Slugger Broker Again," but his lordship objected to them, as being fresh matter for action.

DE CROSS-KXAMINATION, Cross-examined—I demanded an apology from you about the leader. I wrote the jetter prodused,