Directors shall be entitled to a commission of per cent on the nett rofit of the Company for ench current year in which such nett profits amount to 7 per cent on the paid-un capital and to a commission of 5 per cent on such nett profits for each current year in which they amount to 10 per cent." The Aconnis just passed do not embrace a year, therefore the Managing Directors are not entitled to a commission of 34 per cent exch, which would amount to $9.027.73 on the nett profits of 128,967.71 shown in the Report or $6,018.49 proportionately for eight months' working, but in passing the accounts the shareholders have voted a remuneration of $6cão to the Managing Directors, and to obtain pay- ment of this without showing a loss the accounts have been manipulated by trenting $4,027.45 of As the ac- preliminary expenses as an asset. counts should be made out, and as we have made them out, there is a loss, after paying dividend, on the 8 months working of $3.226.42 which, with the sum of $801.04 carried forward as balance in the printed report, represents the $4,027.46 of preliminary expenses. The value of an audit, for which the shareholders are called upon to pay $500, seems to be to secure the good will of the Directors rather than accuracy in the accounts, and it seems to us that an economy might be practiced here, as no one doubts for one moment the accuracy of the figures submitted in the published reports of Hongkong public companies.
THE HONGKONG ROPE MANU- FACTURING COMPANY,
LIMITED.
The report for presentation to the shareholders of this Company at the sixth ordinary general meeting, to be held at the office of the General Managers' on Friday, 21st February, 1890, 22.3 o'clock p.m., is as follows
Annexed we have the pleasure to lay before Shareholders the usual yearly statement of Accounts of the Company, made up to 31st December, 1889.
The gross result, including the balance brought forward from last year, is a profit of $26,733.92, and after writing off $5.00 for depreciation of Plant and Machinery, there remain $11,733.92 to be appropriated.
It is proposed to deal with this amount as
follows:-
To place to Reserve Fund..........$3,000 pay a Dividend of 12 per cent... 18,000 leaving a balance of $733.92 to be carried for- ward to credit of next year's account.
The price of hemp at Manila continued very high throughout the year and the corresponding dearness of rope caused a falling off in the demand. The business of the Company was therefore considerably curtailed, rendering it necessary to shut down the factory at frequent intervals to prevent stocks accumulating too rapidly. The quality of the rope continues to be universally appreciated, and as the cost of the raw material has become lower lately, an improve. ment in the demand is anticipated.
I
CONSULTING 'COMMITTEE,
In accordance with the Articles of Association Messrs. D. GILLIES, J.-S. MOSES and T. E. DAVIES retire but, being eligible, offer themselves for re-election.
AUDITORS.
The accounts have been audited by Messrs, T. Arnold and F. Henderson, the latter gentle man having been appointed in place of Mr. G. S. Coxon, who bas resigned, Messrs. Arnold and Henderson are recommended for re-election,
RUSSELL & CO
General Managers. Hongkong, toth February, 1890. Accounts for the year ending 31st December, 1889 PROFIT AND LOSS ACCOUNT. Interest
........$ 6,070.60 Repairs and maintenance of ma
chinery and buildings......... Amount written off Factory Buildings Machinery, &c., as Depreciation for 1889 ***********
Auditors ....
Consulting Committes ..........................
Exchange...............
Balance
Profit on Consignments Outstanding
on 31st December, 1888 Received from Estate of Wa Sang
& Co., Bankrupts
Unclaimed Dividends, 1885, written
2,647.15
THE HONGKONG TELEGRAPH, WEDNESDAY, FEBRUARY 19, 1890.
Mr. Fraser-Smith thereupon formally objected, and called Mr. Webber, who stated that Mr. Lammert had admitted to him that he had Cormed an opinion about the case, believing that Brandt was entitled to somethingy $100.
His Joudship sustained the objection. Mr. Robinson, in opening the case for the plaintiff, said that his first duty was to read the pitition and answer, which were as follows :—
1. The plaintiff is a merchant and commission agent residing and carrying on business at Victorin in the Colony of Hongkong under the style or firm name of Brandt and Company."
2 The defendant is the editor, proprietor and publisher of a newspaper published dally in the Hongkong Hongkong and known as Telegraph.
proceedings in which the public had a common intereat, and were published bond fide and without malice in the course of the defendant's business as a journalist, and are therefore privileged.
Being a first class misdemeanant I have two rooms, my own furniture, wardrobe, wines, &c., &c, and my servant brings my chow from bome Giends 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
e. The ment is confinement.
I did not come up to Shanghai, as a friend of mine, a Mr. Lewis, was coming and as he personally knew Miss Mylford I'left him to try and induce her to come down. As you know she would not come, and I don't think he evidence would have done me a great deal of good even if she had come. However, the business is all over now, and enjoying ani sausual rest
sbail yet have an opportunity of repaying you in your own coin. I am ashamed to think that I was in any way associated with a man who could act such a mean part.
I see that: Gun has opened" business, under your auspices I presume, I am quite easy on bis account however i ke knows you,
Wishing you all the success at the forth. coming meeting that you deserve, and adrising you to settle our little account without delay, if you wish to avoid trouble that you will never. get over, I am,
i
graph appeared on the 31st December. The first intimation. I received of it was a very
New Yor& Police Gazette." I couldn't make it extraordinary letter, from the Editor of the out until I saw the paragraph. "I had not written the letter quoted in the paragraph. ·
His lordship pointed out that no innuendo was alleged-the plaintiff was only called a prizes fighter. It would be a question for the jury whether it was meant seriously or only in banter.
- Plaintiff-continued-The Jetter was dated November 1ath. The paragraph says, "I bave Your disgusted victim,
never seen my father, and I am doubtful about R. FRASER-SMITH.my.mather. I had previously, when staying with. Mr. Fraser,Smith, told him about my parents, am very quietly sent him a contra-account, shewing that he had also told him I did not know how to
4. Defendant admits publication of the extract from the London Weekly Despatch newspaper quoted in paragraph 4 of the petition but denies that he did so maliciously, or that it is a defama- tory fibel on the plaintiff. In answer to para graph 5, defendant says that on or about the 7th day of September 1880 the plaintiff issued a writ out of this Honourable Court in its Summary Jurisdiction against P, F. Grimble, wherein the plaintiff claimed $995.39 for differences upon certain shares. The case was heard in open Court before His Honour the Pulsne Judge on 3. On or about the 23rd February. A.-D. 1886 the 28th September 1889, when judgment was the defendant falsely and mirlidously printed given for the plaintiff for $397.65 and costs, shortly be held to make preliminary arrange and repudiated all his insinuations, ('An angry I had made a twenty years' contract with the and published in his said newspaper of and The article referred 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 mission agent the following false scandalous the usual course of the defendant's business and duty an public journalist and was and is a and malicious libel :---
correct, fair and honest comment of the said proceedings.
With reference to the paragraph in our issue of the 13th instant regarding an action brought by Lum Hon against Mr. Oscar Brandt for the recovery of brokerage on an alleged sale of arms we are informed that some publicly interesting details will came to light at the bearing which will not only seriously compromise the defendant but also those from whom he purchased the arms. We are also informed that the matter has already been brought to the notice of the Crown In the suit Mr. Ind. J. Francis Q.C. has been retained for the plaintiff" the said Oscar (meaning there by that
in or about Brandt this plaintiff, had sale of arms in the said paragraph re some criminal ferred to brien guilty of offence and was about to be prosecuted before a Criminal Court therefor.}
Prosecutor.
1. On or about the 31st day of December A.D. 1888, the deferdant falsely and maliciously printed and published in his said newspaper of and concerning the plaintiff the following false scandalous and malicious libel.
Dated 5th December, 1889.
R. FRASER-SMITH.
Mr. Robinson continuing, said that the plain- tiff was probably well-known to the jury as a gentleman. carrying on business as a merchant and commission agent, doing a large business with the Chinese Goverment. The plaintiff was a man even better known-a man of undoubted ability, of no deficiency of intellect, etc. etc. With regard to the legal points in the case, his lordship would instruct them, so he would leave them. But by way of showing the general drift of the case he would briefly go over the various paints. The publication of the three libels was admitted, but their falsehood was denied. It might be intended to set up justifica- tion and privilege.
His lordship said that he would direct, bejury as to whether there was privilege or not.
Mr. Robinson, continuing, said with respect to the question of malice, it was not necessary to prove that-the law premmed it, but it would be alleged in this case as an aggravation of the offence.
We learn with considerable astonishmentthat Hongkong boasts the possession of an aspirant for the honors of the P.R. championship. The
They said that the libel was London Weekly Dispatch of theath November bas the following paragraph, which we publish wilful alander, and if they proved it they would be entitled to ask the jury to give such damages without comment:"The New York Sun of
as would mark its sense of the wrongful the 1th instant, contains a challenge from
intention. Therefore a good deal of the evidence Hongkong to Jake Kilrain. The name of the new man is Oscar Brand, his sporting cagno brought before the Court would be to show malice. He would put in extracts from news- man being lago Relish." He says he will fight the winner of the coming combat for the
papers abewing a systematic course of libelling championship of the world, the diamond belt, and of the plaintiff by the defendant, He then $5,000 or $10,000 a side, the fight to come off in quoted two cases in point, in support of the was checked by Occar Brandt is unassuming, as he says "The his lordship for mentioning the amounts awarded, America or China, with $1,000 for expenses claim for damages, and following are my dimensions; height 6 feet al-He continued that besides the question of inches, chest 45 inches, stomach 90 inches damages there was the question of compensa- Note--I give you the measure of my stomach tlon. The greatest injury, had been done to so that you shall have a belt purposely made for his client, in his transections, by the libels-bis me; weiht in condition 21 lbs. age forty five." business had been brought to a stand-still, The comment about his stomach and belt is although formerly he was in a daily improv. simply delicious. Brandt, in furnishing furthering position, with a growing reputation, such particulars, says "So far as I know I have as it might take him a life-time to re-establish The only way in which he could re-establish never teen my father and I am doubtful about my mother. Born good looking, at least I think it, indeed, was by the Court hearing the true so, educated in a big ranch between Mongana circumstances and expressing an opinion of and Manchuria; fight under any rules, five the defendant's treatment of the plaintiff-Mr. minutes start to be allowed in case my Chinese Robinson then proceeded to give the plaintiff's wife should get wind of this and I want to be genealogy, to prove his respectability, and traced off. Mr. Oscar Brandt is evidently a humourist. his career in the East up to 1882. If his domestic experiences are as they appear to be it would be quite as well both for himself and Jake Kilrain if the fight did take place in America."
5. On or about the gth day of October 1889, the defendant falsely and maliciously printed and published in his said newspaper of and concern- ing the plaintiff and of and concerning bis con- duct and credit as such merchant and commission agent as aforesaid a false, scandalous and mali cious libel in the words and figures following
that is to day :-----
In England there is a class of speculators (3) who attend race-meeting for the purpose of betting with ignorant persons on exactly the same principle that Brandt (meaning this plain) 5,000.00
bought shares from Gimble for forward delivery. 1,000.00 They take people's money, and whilst the race is
200.00
being run they vanish, and are not to be found 44.45
by the backers of the winner. These "roughs" 21,733.92
are called "welshers" and when as sometimes, happens one of the fraternity is caught at his $26,696.12 nefarious business, he is by universal coment left to a species of Lynch law peculiar to the Balance at credit 31st Dec, 1888$ 5.7 3.79 race-course. He is generally stripped, beiten Balance of Working Account 20,748.15 until he is black-and-blue, and then soused into the nearest horse pond, the police, on the strength 10,171.46
of a perfectly understood if unwritten law, de clining to interfere. The notion of a "welsher" 27.72
sueing a client in a court of law is far too ludi crous for serious consideration, and yet what was 35.00
the actual position of the plaintiff in Brandt (meaning this plaintiff). Grimble ? Os his own showing he gambled to win; when be lost he could not pay, and therebro he was in the position of the social caciab above described, and in our opinion outside the pale of legal pro- tection. Repudiation of a contract that a man enters into with his eyes opea is so near a fraud that we scarcely know where to draw the line, and Acting Justice Wise says in bis summing upthat there was evidence that on August 27th the plaintiff gave distinct notles to the defendant that he intended to tepudiate the shares and would not take them up Why did he rive notice of repudiation Plainly enough because he gambled on an expected rise, and as the dice turned the wrong way he was left no other al- 942-57 ternative, Brandt (meaning this plaintiff) played 36,163.96 to win and made no preparations to meet a loss. 964.10 And this substituting a race-course for "the
25.00 Riatto is "welshing pure and simple,
BALANCE SHEET.
$ 36,696.12
....$ 20,000.00
Cost of Land......
Factory, Machinery, &$158,583.58
Less written off
in 1885/1858.18,583.58
do, 1889. 5,000.00 23,583.58 135,000.00 Value of Rope, Hemp, &c., in
"Godowns........
55,983.55
Value of Consignments...$43,417.00 Less Advances on same... 16,505.32 25,911.68
Insurance Premia appertaining to
1890
Sundry Debtors a...manmoun............ General Managers..................... Cash at Factory .......
$374,099.86 Capital, 3,000 shares at $50 paid up..$150,000.00 Reserve Fund............ ********* 12,000.00 Due The Hongkong and Shangha!
Banking Corporation................................................. 68,353.83 Sundry Creditors
22.903.11 Balance, of Profit and Loss Account. 21,733-92 $274.990.86 We have compared the above statements with the books and vouchers of the Company, and found the same in accordance therewith,
:: THOS, ÅRNOLD] F. HENDERSON Í
Auditors.
THE NEWSPAPER LIBEL CASE.
BRANDT FRASER-SMITH.
The Supreme Court was filled with a very mixed audience all to-day (Feb. 13th), during the bearing of the case in which Orcar Brandt sued Mr. Robert 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. Robinson (instructed by Mr. Dennys) appeared for the plaintiff, and Mr. Fraser-Smith defended in person. The following jury were called: Messrs. H. W. Dick A. J. do Rosario, C. O'D. Gourdin, J. A. Moseley, J. D. Hutchinson, A. J. David, and T810 Ping
Mr. G. R. Lammert was also called, and objected to by Mr. Fraser-Smith, as being a
Mr. Robinson opposed the objection, declaring that he was willing to take Mr. Lammert's evidence from the jury, božina Berggas
His lordship suggested that all that should be left to cross-examination--everyone was assumed to be respectable until the contrary was shown. It would be sufficient if the friendship between plaintiff and defendant was shown.
Mr. Robinson acquiesced, and proceeded to shew the defendant's motive in writing what he did. In 1873 the plaintiff joined the Shanghai Kace Club, and in 1880 he met the defendant, who pur chased some ponies from him, and made overtures for a racing partnership in Hongkong the follow ing year. They were associated in that way at the next Hongkong race meeting, and were successful. Brandt then lived at Fraser-Smith's house, and was on intimate terms with him, In 1881 they again raced together, and had a small lo.s. The meeting in 1883 was looked forward to with the keenest by Fraser Smith-he hoped to do great things, his position was not a flourishing one, and be hoped to make a large sum on the race-course. With that object he again collaborated with Brandt, who was to found the ponies and riders, his partner taking the other steps necessary to insure success. To shew how high his hopes were, and how they were frustrated, and how that frustration was the source of all the malice which he after- wards shewed towards Brandt, it would be neces sary to put in one or two letters written by him, (These letters are given in the plaintiff's evidence), Mr. Robinson added that the man who had written those letters had never for given the man to whom he wrote them, as his subic- quent writings had shewn. He then read namer us extracts from the Telegraph, ranging up to this year, to shew that Mr. John Pitman and Mr. H. S, Bidwell were Brandt's rivals, and Fraser-Smith's friends, and had inspired many of the attacks. After dealing at length with the leader of the 9th October he said, in conclusion, that the plaintiff came there to vindicate his character as a member of society, wrested from him by the wrongful and malicious acts of the defendant,
I
was as follows:-
זי
if
Mr. Robinson I am proving special damage, Plaintiff Since October. I have only had about $20,000 in transactions.
His lordship again stopped the line of examination,
Now about racing. Our subscription griffinowed me a few hundred dollars, which he has box My mother had died only two months' are again on the tapis, and a meeting will not paid to this day. I think it was about $do
·I..... never. sent the cheque he asked before the paragraphe appeared. The paper manufacturing company fell through, and as men: I will let you know what takes place correspondence ensued, which I cut short in concern, as manager, I got $5,000 paid as see by the papers that training will soon com May. It was resumed by a friendly letter from indemnity, last June. I had been watching the mence for your Autumn meeting, I sincerely
deal' In shares of had imull transactions at hope you will have good luck this journey. You silence. It was dated hour or common share market for some time, and began to have sold Music for Tis, 400, so I presume he is It was dated the 10th December, nád
irst; and us they were successful I extended Hongkong Telegraph, we not all right, or that you have two or three (at
my.operations."I did a fair business, my tran least) better ponies in your stable. Our next
10th December, 1883, ::sactions from June to the gth October amounting Derby will be the most exciting event ever known in Hongkong, and there will be more
(Private)
to about gr806,000; I made profits, I calculate, money won on it, than on any race ever con-
DEAR BRANDTAs you doubtless bave of about $30,000 That included defaulters and tested here. I am relying on you for the cattle, already heard, I got out of my libc: case with everything: There were a good many defaulters and 'viders-I will do the west. Chater of flying colors. I shall be glad to have to the extent of about $35,000 apart from course is cock-a-hoop about the two griffin Fiddle" as soon after Foochow Races as you bankrupts, I was a creditor of Grimble's for Lewis bought for him; but I don't think like. It would be as well to let him have $18,000. I expect to get payment of the $35,0:0 uch a certainty considering that a fortnight's rest after his arrival, considering judgment is given in my favor. I had some 3.18 3.133 was done by several ponies. Hutchings the time he has been in training. You can difficulty in doing business at first, but gradually willes me that he has nothing, that you are to let me have one more pony if you think it my name was known as a good one. Since this better off, and that the Derby lies between good enough, but you must decide that yourself lending article I have had great difficulty in my name, Chater and Jardine's lot. There's many a slip after you are here. I should, in consideration doing business-people refuse &c. Forbes has no doubt got something that of one-half of the old moke's winnings, reserve and the brokers have to sign for the con- can gallop, or he will get something-and as the right to claim you to ride. Second Violin cerned Allowing for the present depression, when required, unicas, of course, you had there have been several "boom" face the Hughes, Hutchings, and McCulloch must name two ponies each or lose their coin, they will also special reason for riding something in your own article, and I wanted to sell Lands and Sugars, find something. Whatever you have, keep them atable, presuming, that you have a stable but people refused to take my name. mai as dark as the grave. We are not going to be There has been some talk about your coming His lordship You are treading on dangerous, favorites this year if I know it. About old down here, and I bave heard ugly words said ground, aren't you? oral qual panies 1 You have still Second Violin and about you more than once. You have some GoFoward. I suppose you will run the last named enemies, but they can do nothing and whatever in Shanghal. Keep the "Fiddle" for our races may happen you can rely on my dolog nothing here, where he will be fresh, and in better firm to harm you. I felt very bitterly against you then, What has come of Second Cornet? I last Spring-not without cause. But, however, will he stand a thorough preparation 1 doubt cherish a life-long animosity, or to injure anyone cash transactions to time transactions, before the it very much. I think I mentioned before maliciously. I mention this so that you need article, was very greatly in favor of the latter, that Chater gives a prize 1c3 10vs. (in gold) not be afraid to make whatever arrangement bus my greitas afterwards impaired I aned for a mille and a balfrace on the first day. This you think proper with any other persons Grimble for $900, before Mr. Justice Wise. will be worth winning; but Wild Dash stands Hongkong. But I must have Old Fiddle Mr Robinson desired to put in the China In the way, unless something unforeseen should You will be glad to hear, that at least two of my Mail's report of the case, but it was:objected to. In any case, we shall be able to sub. griffins are flyers. All being well, I shalib Plaintiff cantioned The papers reported the win up. "place" ourselves better next year than we did. be with them this time. I hope you will win (be Telegraph report was shorter than last race meeting, I should be very glad to lot of taces at Foochew. Chater's ponies, and the other: Mr. Fraser-Smith has admitted that see you have a good meeting in November. You Nichol's came down on Saturday-Reefer, Suhe founded the #leader" on the China Afail ought through Music to know what chance you light, Horn-pipe, Montezama, Newmarket, Rost, report,He was present when judgment was have of winning the St. Legen. I scarcely think and about six of seven griffins, mute ges
delivered) and also heard the summing up. Yours in haste,'
He gave Mr. Danby, Mr. Toeg, and Mr. Webber, as his authorities for writing the leader. you would have sold Hualachan if he had a
I did not gamble to win" on my transactions great chance of winning, and yet be is so game,
with Grimble; I only stood to lose, because I had and such a stayer, that I should be sorry to under-rate his prospects. Write and let me
sold the sime übares at the same price. My only danger was that the buyer from me Mr. rest easy about the H. K. Derby. know all about what is going on, and if I may Keep your spirits, old man, for although we
Benjamin would be a defaulter, which turned out both have had fearful luck this year, better times
to be the case. If everything had gone right I shonld have a made neither a profit nor a loss; must come."
I had taken special precautions against being caught on a rising market." Grimble had $3.000 of mine, and had bought 200 Suga for October. I therefore asked him to keep the so he had sold me as part of that Tot. Ho rifused, and sold them, and so, the suit arose. At the end of the month he owed me good deal of money. I gained my point in the sult. The assertion in the article that I could fint have taken up the shares wis not true Gilmble held the money to pay any difference all the time. I made no "mean attempt to sneak out of the transaction." I wrote a letter to Mr. Fraser-Smith about this.
understand First Cornet is all right again, but that is all past and gone and I am not iho mán föl, Plajptiff; continning-The proportion or...
•
And now, good bye,
With kindest regards, believe me always
Yours very sincerely,
R. FRASER-SMITH,
I came down to the meeting in 1883, bringing Highland Fling, with whom we expected to win the Derby. I again trained and rode. About three weeks before the races Highland Fling weat lame, but I brought him round, and he ran. He could not stay the distance, however. We had considerable losses all through the meeting-the other panles did not answer expectations. I returned to Shanghai in March 1883, and received the following letter from Mr. Fraser Smith on the 28th :---
to bear the consequences.
28th March, 1895.
MY DEAR BRANDT,-Messrs. Siemssen & Co. forwarded me your memo. the account for freight of ponies, &c. to Shanghai I of course simply informed them that you had not written to me at all (as you said you had) and that 1 declined any responsibility in the matter. You are only a shallow rogue after all; had you given the matter the slightest consideration I hardly think you would have overreached yourself and placed yourself in such a thoroughly ignoble. position for the sake of a a few hundred dollars. However, you have done so, and you will have I have taken some pains to get to the bottom of your double dealing here, and have succeeded to a greater extent that I ever anticipated. So long as veu got clear away from Hongkong you did not care a curse what became of me. Yon knew quite well that I was between eight and ten thousand dollars to the bad—at least five thousand of that amount owing to your selfish rascality and you were meas enough to oblais a few hundred dollars of money by falac pro tences, and clear away with everything you could lay your hands on, although perfectly well sware that I was hard pressed to meet heavy liabilities, a great portion of which I knew nothing.
It
R. FRASER-SMITH
I did not send Second Violin down to him, and In spite of the letter I came down and race," and not with Mr. Fraser-Smith. I considered the letter an attempt at black-mall on his part. Second Violin bad just won the Champions it Shanghai, and was considered a very wonderful pony. I had had a good deal effered for him. might have put money into Mr. Frater-Smith's pocket if I had given him Second Vialin. (A discussion arose here between Mr. Robinson and bis lordship as to whether a secret transfer would have been calculated to defraud Ale public, bis. lordship holding that it would in which he was supported by Mr. Fraser-Smith) Plaintiff continued I would not have sold him to anyone. He died at the race meeting here from poisoning, I believe,
Mr. Robinson I need hardly say there, is no insinuation here.
His lordship did think that that was material. Mr Robinson urged that it shewed that the defendant had had an ample opportunity of apologising's Higher, tom. V
Mr. Fraser-Smith-I have had no opportually
His lordship-Then why mention it ?. Plaintiff-On my return to Shanghai I formed a partnership with Mr. Bidwell, and subsequently disputes arose between us in the matter of Chinese business. We referred it to arbitration, and I was awarded about $25,000, and cleared: from all his charges, Mr. Bidwell did not pay.whatever palm tr
d me. In 1885 I came to Hongkong to get money on Plaintiff I demanded ant apology, and s from Bidwell, who was here. There was some not receive any purpo of his money in Messrs. Russell's hands, and Mr. Robinson was proceeding to prove påït. brought an action to get it. I ultimately received graphs headed, "Broker Brandt," and The $8,coo. Whilst the matter went on I got some Slugger-Broker Again," but his lordship objected accountant work, in connection with Mr. to them; at being fresh matter for action, Jurgens' estate. Mr. Jurgens, had been fighting nini ana, CROSS-EXAMINATION, against a Chinaman and Mr. John Pitman, Cross-examined demanded an apology from who had got judgment Mr. Jurgens was you about the leader. I wrote the letter produced. put into gaol for debt, and I came into force mate
MR, ROBERT FRASER-SMITH,GE collision with Mr. Pitman, la consequence Editor, Hongkong Telegraph. I had seen him writing articles for the inser Telegraph, when living with Mr. Fraser-Smith.SIR, having read your Leader in to-night's in December, after getting the $8,0:0, I set up issue of your paper in which you shower mozt in business, chiefly as agent to the Chinese vituperative, and malicious abuse over me under Government for arms, machinery, etc. I also the guise of a Public Spirited comment on my did general commissions. I got a fair amount of recent cus v. Grimble, I will make the following support. I got introductions to the officials statement Including the Viceroy and Hoppe. My inter. You deliberately lla when you say that the preter got me the introductions, I was in case was a "Gambling case, well-knowing that competition with. Mr Pitman, In February a my claim was a most just one for the recovery paragraph appeared in the Telegraph, alleging of money wrongfully appropriated by the that an action for 87,500 had been brought against Defendantcrite pa me by a Chinese broker at Foochow It was gulto, You pervert the truth in your description of untrue. Ontbeagda second paragraph appeared, the case in a shameless manner, distorting and It is not my intention to rake up the paltry saying that the Crown Prosecutor, and, been corrupting the various very facts proved in cleat affairs which have come to my knowledge more communicated with, and that revelations might evidence in Court, in such a way as to make the than I can avoid ; but there are some things that be expected. That was entirely untrue. I never whole features appear, totally different and cannot be overlooked, and the time has now come heard any more of the suit, except when Mr. disadvantageous to me. The plaintiff was then called. He sald:-1 for a settlement of our account-a final settle Bidwell offered to withdraw it, I paid him Brod. t. 3. You knowingly and deliberately lie again am a merchant and commission agent. I was ment. Last year you owed me a balance The effect of the paragraphs was injurious, got when you devote a whole half column of slush born at Hamburg, and educated in a commer- of 3162.49. I make you a present of that, if you an envelope sent by Mr, Bidwell, containing lips to demonstrating that I never had the chance to are contemptible enough to accept it. This on which was printed, The latest relish lago take up the shares in a falling marker, that I clal school, My father was a merchant and Insurance broker. I have a brather there who year for private accounts I paid for you, and on toast and a note look at the Honghing could never take them up, that I played a game Is head of a large mercantile house, Another monles advanced (thank goodness, I have your Telegraph for February 23 My sporting of heads I win talls you lose," &o, doo.) know- brother is head of a silver-mining company in acknowledgments for most of these) the total cognomen is Bill," but Mr. Bidwell called me ing perfectly well from the evidence that I had
amounts to $375.63-from which you make out lage" once. I told him not to, call me that purchased hosp, shares to be delivered to Spain-he has a reputation all over Europe as There was another issue in the case, a side an laventor, He got a medal at the Paris Ex-you paid $159 on account the stable-and this again, Mr. Bidwell was a friend of Mr. Fraser Pearson who afterwards became a defaulter, Me., issue, in which Brandt (meaning this plaintif) hibition in 1871. 1 have also relatives in I allow, The balance to your debit is therefore Smith's, and contributed to his paper. He wrote ich The si sought to recover $534-35 which his brokers, who London and New York. There is no truth in $177.63, which added to $109.80 you received some sporting notes in February 1885 about my the libel quoted from the London Wkly from Chater and $78 from Mortimer Murray riding of Odawara The succeeding paragraph, were also Grimble's brokers, and had the usual authority to "square up accounts between Dispatch as to my parentage the letter makes the total $365.43. (There are other which "speaks of a race beings.fhrown as
amounts you received which. I allow to stand by stinker" refers to my riding of Highland elleute who bad Crosstransactions, had credited peyer written by me and is a deli to Grimble, bat which, however, is not of sufi berate falsehood. I left Hamburg for China over for the present). From the $345.63 you can Fling. There was about $15,000 on that pony clent public importance to call for detailed in 1863 with M. Wieler, who knows my people. deduct Bizg for freight and passage money to established, a branch; agency in Canton after criticism. Brandt admitted owing the money, 1 stayed three months here, and then went to Shanghai and $30 for the purchase of Scotch starting business here. In 1886 contracted. and did not show any just cause why it should Shanghai as chief clerk to Lathom & Co. The Reel In Ladies Furse-of which by the way I with the Hoppo to negotiate a loan of a million not have been paid, and on this point the judge firm falled in 1867 and I became liquidator. I knew nothing until the races were all over-taels. Ths. 300,000 were to bo get at once for the
was afterwards with another firm me calef clerk. leaving a net balance in my favor of 8315.43. Hoppo, and the rest to be got for his ruccessors was very properly against what was a mean at- tempt to erade a responsibility that was not I left them next year and started business as a Now to prevent any misunderstanding I tell got $8,000 commission in inspect of the
bill broker. I was successful until when I left you plainly that if I do not receive a draft for that 300,000 The rest was not put through,
His lordship stopped, this line denied (meaning thereby that the plaintiff the said Oscar Brandt was a man of no meats and in 1885, and left. Messrs. White and Miller is amount on or befors, April 16th you will have of no credit, that he had deliberately entered into charge of my business Jn 1880 I met Mr. to bear the consequence. I shall expose you not Witnessed continued that a paragraph a contract for the purchase of shares without | Fraser-Smith at Shanghat. He selected some of only in Hongkong, but in Shanghai, Foochow in the Telegraph siter (bat having the means of the prospect of paying for my cast-off ponies, and began preliminaries, Amoy, and throughout the Far East. I think the transaction. It was trans them or taking them up, and with the deliberate which resulted in a racing-partoonship for I can promise you that when I lay a statement Mr. Robinson, in answer Intention of repudiating the contract if it was to next year. I trained and rode the ponies, of my case, with the necessary documentary that he wanted to shew
before evidence,
the public, through the damages, el cabin bir advantage so to do, that he was in the habit and was successful In 1882 I was down here of so acting and was no better than a common egalo. I lived in, Mr. Franer: Smith's house medium of the Telegraph" and before Witness copilcued i-7'hete
China that your paragraph about the new Heppo stay terms. In 1981 wa went in for racing on a said Oscar Brandt,
larger scale, and although we won several faces
mentioned as beleg ferlour Includ there was a loss, We made. Arrangements for
and Co, the Hongkong and Shad continuing the partnership the following year,
etc, (laughter) The Hoppe was a great men, with a large retinue and lived in my I got the following letter, that year
whole hong, which was a great bouor, as be VICTORIA GA
was closely related to the Emperor. Next year got some coal and provision contracte, with the Chinese Government, and at that time tried to awharf at Canton, but found that my get a concession granted to enable me agent, had been suborned, having received promissory nels for $5,000 from Mr. Bidwell, Mr Webber signiertoess; That prevented my getting some afdavits from ripart
thereby lost the concession
paper manufacturing company inf with the Goverment In 1885
ma
swindler) to the great injury and discredit of the whilst I was here, and was on your friendly every racing a thigood excuse has house on his way to Canton,The
་:་:
And the said Oscar Brandt claimy damages $50,000 and his costs of suit, vide va
Dated the 21st day of November, 1289;
Signed INO. J. FRANCIE
1. The defendant admits that the plastiff at present resides at Victoris in the colony of Hongkong, but is not aware whether the plaintiff in a merchant or not.
7. The defendant admits paragraph a of the plaintiff's petition,
3. The defendant admits that he published the paragraph set out in paragraph of the petition, but denies that he did so falsy and maliciously, and further denies that the remarks quoted therein are libellous, or can be made to bear the meaning attributed to them in paintiff's averment. The said words are a fair and accus rate statement of a report concerning certain
Hongkong, 8th August, 1852. MY DEAR BRANDT, You have of course Heard that they have sent me, to this summer setreat until the 18th of September, for libelling that stinker Bandmann. He li a Polha fex, not German, so I can speak freely about him without giving you offence, it is, most unheard. of punishment, however, I am quite happy The people in Hongkong are very indignant about 11, 2nd were resting H2 petition, and God stopped them... I can serve knows what, when out my time
racing career ba been wilted for for some time by the racing satho rities not only here but in Shanghai to justify your being warned off for life saved you in Hongkong after you had been condemned as livery stable keeper and unit to race with gentlemen, and I have what they require ready to my band, bone
I have now sald enough, and unless you pay up by the time named look-out. Obtaining money under false pretencer in swindling, and that if the crime of which you have been gulity, will also thank you to metara my, horseboxes by the fist steamer after you receive this letter. had plenty of warnings about you from those who knew you well. I thought you were uns ustly, treated and paid no heed to good vice My eyes have been opened at last. It is all,
He's experience, supposes but I fancy
H
Cor:Walahari” your mean and totally Your inferiously and cowardly comparing untrue attacks.pn my past life lo vague and in- sinusting terms, and other gross insults, shall not So far my statements. You have daredoto be left unpunished I assure young nagbab persecuta me in your vile paper for year, I have hlberto Ignored you on the principle of Wer Pech apgreift besudelt Sich, but I shall put a stop to this now. You have run to the
day to think over your misbehaviour, but unless you publish in your Thursday's 'isanova mnóst head of your tethers shall give you just one
bimble, and wtraightforward apology, I shall find the way to convince you that the law of Inese, this Colony is well capable of awarding condign aldaunis bent to;a; wholesale reviler, malicione
slanders, and coward's
- Izquakakayon, to publish this letter at orice Zith your pest issnery, If you refose then I shall "know that, even the last spark of honour and Staplings has left your wider VAN PARK L
Yours obediently. A
Foy main! = (SIG): 0. BRANDFAL En ondas Prays Central, No. 13, Hongkong, 9th October, 1889. had a mont His lordship did not see how that affected the issue but
Mr. Fraser Smith contended that plaintiff
build. The letter nullified the effect of the leader very might have sought his remedy by civil prozis,
rate: considerably.èkeece Mpesadara
Bff continued -1, sent the letter, to your
the endoɑrday"] [read intinéta - from a house, the, morning after the lender appeara The chit book stated that you were away from
the letter to several pèrsons. I took out a writ the following day 3 1 did not thinkjjyby: were out of the Colony, becauBOʻYOU WOJU AWAY:
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