1890-02-19 — Page 3

Plaintiff-If you say so I will bring them. Mr. Fraser-Smith-Where do you hank? Plaintiff Am Iobliged toanswer that question? If Mr. Fraser-Smith is going into all my private

THE HONGKONG TELEGRAPH WEDNESDAY, FEBRUARY 19, 1890.

Mr. Fraser-Smith--I have given notice to you the Champions, and will not be allowed to ride to produce your books showing your tharagain in Shanghal, I hope it is not true, as it transactions for the past twelve months.

Wasld be a serious, matter for you. Of course I Plaintiff I have bot-got them-they are not can never content to race again with you on the in the Colony.

old tertia, nor should I do 'so if things, were His lordship--If you have them you must different. However, if I get through my libel bring them whether the other side are to see case all right I want you to send.Second Violin, and fangther pany) and, if you like, Allegro, or them is a different matter,

any other one pony that you consider sure for ono race. I should race old Fiddle for one racaj perhaps more; but for one the outlay need not be more than $5,000 or $6,000, and you would get part of the winnings. I have.no objections His lordship did not see that it was material: 16 your joining with someone else for the atter and shall not, rafse any The question was whether it was a fair companies in your doing here as long as you act

objection to your racing Defendant-Just so, but I know that is, a on the squaren. Trusting to hear that matter of fact he had gambled in shares which you bavy get over your troubles with the he was not able to take up unless the marker Shanghai in re the alleged faul riding.

am, A went in his favor, and I think I am entitled

Yours, &c., to prove that by legitimate means. My allega-

R. FRASER SMITH. tion was not based on this particular case."

Defendant-- Is that evidence of malice It is most decidedly,

business.-

ment.

His lordship What part of the article do you rely upon ?

Defendant-The plaintiff has given full particulars of his dealings in shares, amounting to millions of dollars, and I am entitled to disprove it.

His lordship allowed, the question. Plaintiff I bank at the Chartered Bank I did not swear that I first met yop in Shanghai in 1880, 1 made your acquaintance then -I knew you by night before. We raced together as partners in 1881.

Mr. Fraser-Smith-I will give you a chance not to perjure yourself-will you swear that ?

Plaintiff I am a "professional perjurer, you

say.

His lordship-Will you please answer the question.

Plaintiff You purchased three of my cast-off ponies for the 1881 meeting.

Defendant-Didn't I purchase Second Violin, Lord of the Isles, and another pony?

Plaintiff-Youtdid not, I am not awaTS that any racing confederacy between us was declared to the stewards that year. I am not sure that I stayed in your house a month when I visited you. I am not quite certain that it was even a fortnight. I thought it was a month. I think I came rather late -1 may have stayed some time after the Races. I have stated that I trained and rode the ponies-meaning that they were trained by my directions. We raced to gether in 1882, and there was a loss. I also Baid that at the end of 1882 negotiations were made for racing together next year. N

Don't you know that Mr. Chater, Mr. de, Courcy Forbes, Mr. McCulloch, Mr. Kerfoot Hughes, and myself entered into a sweepstakes of $2,000 each for the following year's. Derby -

Yes. I promised to geta pony for you if I could find one, but there were no arrangements made as to partnership, Highland Fling went fanit three weeks before the Races; I don't think there was much betting on him afterwards. The lotteries may take place three or four weeks before the Races. I think that the cause of your animosity was the matter of $200 or $300 about which you wrote.

Defendant The Derby is run on the first day, isn't it 7-Yes.

:।

And you stayed with me several days after- wards -Yes.

And when you went to Shanghai we were friendly, weren't we ?—I don't think so,

Was not the reason of our difference this- that after leaving my house you obtained from the Hon, C. P. Chater $100 belonging to me, and had previously obtained by falso pretences, from Mr. Mortimer Murray, $72-927-es

not. There was no Hon. C. P. Chaterthen...

His lordship-Never mind that you know the gentleman refered to

Did you obtalu those sums ?--I did collect the sums from those gentlemen, but not in the way that you suggested.

Those monies belonged to me-They did not. Defendant put in a letter, written by Mr. Brandt, dated 10th April 1883, in which he said that he was "perfectly justified in retaining the two small amounts collected from Mt. Chater and Mr. Murray; if everything had been as square with you would of course bave paid you the amount, as it belonged to the book."

Plaintiff admitted the letter. Defendant-Isn't that an admission that it was my money?'

i

Plaintiff No, it belonged to the book-the jolat book,

Defendant-What were, the terms of our partnership?

Plaintiff (after some very hard thinking)-1. was to provide the ponies and you were to go in for the gambling, and I was to have a third of the profits. I was not to have anything to do with the lotteries, all expenses for the ponies to be paid by me, and I was to get a third of the pro- fits and share none of the losses.

...Did the book show any profit on that occasion

I don't know, I think it was a heavy loss

Then what right had you to take those two amounts?-You owed me money, and I had a right to retain the money when you owed me considerably more.

7. Have you anything to I owed you money shew that 7-Yes, you have my accounts-it is In my letter of the roth April.

We will leave that until to-morrow. His lordship-Was the debt to you connected with matters outside racing

Plaintiff-No, it was something to do with the etable that Mr. Fraser-Smith should have paid Defendant-A letter has been prit in that I wrote to you at Foochow Yes.

Haven't you another letter, previous to that Yes, several.

We were friendly when you left Hongkong ? Not very—a little strained. Hadn't you some trouble with the Rice Club stewards after the meeting P-When }

Is that evidence of blackmail It is evidence of a trap you were laying for me. You wanted mer

That will do.

Plaintiff insisted on continuing, till stopped by his lordship.

Second Violin did come down to Hongkong? Yes, but not for your

And rode in several races ?—Yes. And was un-placed wherever he went don't know, he didn't win:

теге

He broke down in one race when you riding blm 7-Yes, I had to dismount..

And then be did?-Yes, he died several hours afterwards.

That was Odawara's year ?—Yes.

You brought Odawara down for the Derby in

1884? Yes.

Mr. Robinson was about to ask why had not already done so,

His lordship There is a Statute ( of Limija tious; this was eight years'ngo.

SUSTANSWER

Mr. Robinson I think that the plaintiff is Then I started share dealing pentiled to go on, unless privilege in sheen. "Mr. Fifer Smith How much money had you Justification has not been contended, unless, in, in the ban'at that time };" FRONTERADA Fumitigation ) of damages, admit that the Mr. Frasti Smith-I have a bundle of his.Plaintiff Am I obliged to answer the question? | question is a proper one, but Mr. Brandt says: 1.0.U.'s here. (To plaintiff) You sure yester. It is going into my pivate affairs in the verdict depends on it-

His lordship. It is suggested that you cald day that my letter about Srcond Violin was a deliberate attempt at blackmail Yes, I said not pay, and it is part of the lhet, therefore you

should be anxious to answerd vandag 2015 in the so, and I repeat it.

Plaintiff am anxiolis, in n way, but I don't want to shew up all my private businf don't think I should be called 'ori to disclose It may be the object of the libel to know that

His lordship 1 don't exactly see why it should be. You had better answer the question, any

And I put in a letter of the 15th November 1883 asking you to send the pony down a joint account, and you said it was a trap?-Yes, deliberate trap.

How 7-I mean that you tried to make me a horse-dealer by asking me at what price I could tay down' rco China ponies in Hongkong.

You y crea horse-dealer in Shanghai, were not you?--I was not,"

Did not you sell your discarded ponies Yes, i sold a goud many to you.

Didn't you know that I wanted the panics for the French vernment ?-No, I didn't know you were a horse-dealer,

I was not-I was acting as agent to the French Government-Oh I did not know that you were ever agent to the French Government- Continuing wrote to you after that from Shanghal, promising to write from Foochow It was a friendly letter, and I got you a mafoo. I addressed you as "My dear Fraser,"

Do you generally address persons as "My dear when they have tried to black-mail you? I am generally polite when I am plitely 1 addressed. When you wrote me abusive letters I replied abusively--I took my cus from you.

He was a very great favorite for that race,. wasn't he 7-Yes, you made him so.

And you thought he was a certainty Yes. And you lost the race? Yes,

Now as a racing man are not, you of opinion that you lost the race through your bad riding? Certainly not; I lost it through the bad weather

the muddy course.

N

Didn't you win the Canton Cup on him thirty lengths from a pony that ran neck and neck with him in the Derby?-1' won very cleverly.

And the pony won the Exchange Plate and the Challenge Cup? Yes, but the course was quite dry.

And you lost the Champions? Yes, through the dastardly riding of beaten jockey-there was a dastarely attempt at foul-play perpetrated by Mr. Nichel, and Mr. Bidwell, and Mr. Dunman.

Now about Odawara-let us get back to Odawara. You remember that you said that you had no quarrel with Mr. da Silva before the Races. Yes, but I only want my memory refreshing. This was a good many years ago: da Silva is sitting there in Court--I don't think it is quite, fair.

Mr. Robinson asked that he should be ordered oat, but ultimately let the maiter drop.

The plaintiff continued-Odawara lost all the races at the meeting, and was withdrawn from a race on the off day by Mr. da Silva, in a very dastardly manner. There might have been some talk about my riding afterwards, but it was not general idea that I had roped" the pony-it was a dis- graceful insinuation thrown out by da Silva,

His lordship-Just answer the questions- don't make these statements.

Plaintiff continued-There was a settlement of the accounts between da Silva and myself afler the Races; it was referred to arbitration. I was claimed $3000, and got $1,100. It not.

true that I was accused of fraudu lent malpractices, and called before the Race Club and expelled. An attempt, was You laid a complaint, didn't you, and it was made by the stewards to expel me, but it was not successful. I got notice that I had been investigated some days afterwards?—Yes.

What was the result? The stewards found expelled, but I was advised that it was illegal, there was not sufficient evidence-they could and I brought an action against the Stewards. not get the witness they required to come before Sir Richard Rennie did not say that it was only illegal because I had not got notice. I claimed them, so they dismissed the complaint.

And you have never ridden in Hongkonge Chief Justice said that I had never ceased $5,000 damages, but did not get them, because since No..

After that meeting you went to Shanghai with to be a member. The charge against me was that I had infringed rule 4-a long and intricate Odawara ?-Yes,

rule-in a letter to da Silva. I was never noti fied to attend the meeting at which I was expelled, and I protested in a very vigorous letter.

Was he your property in Hongkong 7-No Who did he belong to 7-Mr. Eça da Silva." What did you estimate his value at 7--That is a matter of opinion-Taels 158.

“:

How much did Mr. da Silva give you for him -Tls. 150.

Didn't he give you Tis. 65 Nothing else? for the transfer to him for that meeting?-No.

Didn't you sell the half of him after the meet- ing for $1,505 7-Yes.

Yet he was not yours-It is not fair to put the question in that way. The pony belonged to me in Shanghai, I sold him to da Silva for Tis 150, with the option of taking him back alter the meeting for $50 more; I paid that amount, and a week or so later re-sold a share in him to Mr. da Silva for $1,500.

You were racing in partnership here, weren't you ?-No.

Had you nothing to do with bis stable →→ was training his ponies, and interested in the lotteries. I had my own ponies, but in his stable. And I had a share in his winnings.

Isn't that a partnership --No, certainly not;

how.

Plaintiff May I refresh my memory

Defendant shall want to see your books, you've bright them. Ant

His lordship How am I to know? I never heard of such a thing. gMt. Robusen-He asks your lordship not to force him, by threats of inprisonment, to answer. His lordship-I don't think it was a threat of imprisonment he asked what the consequences of a refusal to answer would be and I told him (laughter) I think the question should be answered he knows what the consequences Twould be.

His lordship You must be careful in putting your questions.

Defendant Stop me at once, my lord, if I go

over the mark.

Plaintiff I had about $5,800 in the bank, at the beginning of june.

Have you got a record of the shares you sold "on time in the month of June? If you have produce it. Am I obliged to answer that question.

Plaintiff My objection is because I'shall have ifto disclose the names of others-I am connected withipaople, and it would be injurious to me and them to have it disclosed in Court just because it suited one max to libel me

think you can say how much you were worth

Hr lordship--I understand that, but I

you can answer that.

I had other property.

What was it foul had some bar in Shanghai.

How much ?-About Ths. 10,000.

Is it in your name ?No, it is not in my name 25KW 3\u[elpart of it-some of it is,

His lordship--I think you had better..

Plaintiff I haven't got any distinct record, Defendant. You are a professional accountant and have been in business for neatly thirty yeals a nibst accurate, methodical man in keeping all letters and press copics-No, I wish I had, am not fond of details and drudgery like that

JO NO BOOKS, giás podáva Do you expect the jury to believe that your transacted business to the

on records of these without keeping book extent of $1,500,000 transactions ?-have got ennagh material to make up statements when I required them, but 1 hayé had no time I may say for the hard work, a takdan

Do you really wish to make a jury of business men belleve that ?-I wish to make & statement of the truth.

Isn't it a fact that before Mr. Justice Wise you swore on oath that you had destroyed your book of share transactions.If you put your transaction in that way I can't answer,

How much ?-I don't know how much. There isin lot in the name of a friend, and a good den! of it registered in my name at the Consulate.

Had you any other property 7-1 have my inheritance at home.

What is its value? AnTabliged to answer that? I do not know myself it is not smalt.

of M

1

It would not available-it was never thought Defendant-Would the land at Shangbai have been available to pay debts with if you had lost? Certainly.

int why you are sorry you knew him No hit because of the mala" fides be has shown throughout.

Did you once give him instructions to sell ahy: amount of shares to anyone in a position worth $25 m modth, because you mightiget something out of them --No, he is romantle. I do not know him at present he does not exist to me. I don't wish to know him known f

Did you abuse him in public the other day?

Now about the Grimble case. You sued him -No,

for $9oo ?Yes, ye

You said he had $3000 of vours in his hands. What had he that for He kept it out of money which got into his hands. Shares were delivered to him for which he had to pay a large amount, and he retained this $3,00

Wasn't it illegal to do that ?—I don't know, I don't know his object.e

.

Did you allow him to retain it without a against him; specific purpose?-No, I brought an action

For $900.- got him to pay $800 and then sted him for $900, the balance to which he was not entitled,

b

Did not he keep this money back as cover for some large transactions you had with him?-I don't know-be kept it back illegally, ''

1

He was legally entitled to about $1,000 of it P Yes, I got $500, and sued him for $900 more..

That will do I don't think I have any more questions. PRINT

His lordship With reference to this libel of 1876--you say it damaged your character at the time, why did not you bring an action before?

His lordship-It would be available, I supBecause the very fact of my going to Court. pase, for paying debts ?

and bringing an action for damages would have

and would have 'interfered with my position entailed my shewing the state of my business, with the Chinese Government. The officials detest it very much--they want privacy, and inh notion would have ruined me. I took advice, and I decided that an action would do me more harm than good, Win

Can you deal with it if you like ?—Yes. .- It is absolutely yours at your disposal ?— Yes. P

Now that would go but a very little way towards paying $80,000 if the market had gone against you ?I never said. I would pay it.

But you might have been in that position ?- No. I could not, it is ridiculous to suppose it. Didn't you swear. b Idre Mr. Justice is that Then you went in sure to win I went in you had destroyed your book ?-I did, keep with my eyes open, as a business man, to make memo book with the record in it; it was sufficmoney, not to lay myself out to lose $30,000. cient to keep my mind right, about, my tan sactions. I produced it, and it was made a regular study of thought when I was done with it was sufficient Mr. Justice Wise had seen it, and I thought it would not be required agato, and when I got home I'destroyed it, so as not to give anyone else a chance of spring all abdutiny call it an my business."

And Mt. Justice Wise severely reprimanded' you for doing so?He said I had done wrong in destroying it.

SHARE" OPERATING" XXTRAORDINARY, sold short in June ?-I can tell you about-joc Can you tell me how many China Sugars you or 350. (Referring to memoranda,):

|

Mr. Fraser-Smith asked where he got the notes.

Plaintiff. From the brokers' noles.. I have

subpoenaed about a dozen brokers,

You sold about 350 Sugars in June? And i

Mr. Robinson thought the line of cross-exami-July. weg de nation was inclevant.

His lordship-It may have a bearing on the question of damages.

Plaintiff My name was placed on the list again, but eighteen, days later. 1 resigned. I did receive notice from the Stewards, in me diately after the decision of the Court, to attend a meeting called to investigate charges made against me, and I protested against the meeting. and asked for time. I did not attest the meet, ing. I have had a good many racing partner ship in my time. I had one with Mr. Hutchins. Here a discussion arose on Mr. Robinson's contention that the matter was irrelevant.

His lordship thought that it affected plaintiff's general character.

Mr. Robinson urged that the issue was the thought that the plaintiff had a right to claim damages as a merchant and also as a racing man."

effect on his character as a merchant. He'

You had no Sugar,shares at all?-None.

•

And how many clever business men in this, Colony were almost ruined through share business last year ?—That is their business, if they are fools enough to do it.

But don't you think other people watched the share market 7-Yes, but not so intelligently, if I

You are modest-You asked me my opinioni: You think you are keener in your hunt after the almighty dollar than others —I did not

SAY 30.

You said you looked sharper after it-I said I looked after my business better than other

P

You took so much trouble that you did not keep any books-If I bad had time I might have had time to write up the drudgery.

You said your name was taken with some difficulty at first 7-Yes.

known new mati, and I was cautious in They had not confidence in you ?--I was un

offering, my name,

|

Mr. Fraser-Smith-Will your lordship ask him if he ever wrote to me saying that the paragraph was inaccurate, and asking me to make proper amends?

His lordship-No, I won't ask that. With reference to the libel of 1898 did you think it damagell you? Yes, I took advice, and was advised that it would do me harm to spread such a foolish bet-cast it broadside over the world as it has been how. My people, whom I have not seen for twenty-five years, might think I had become d prize-fighter,"

Re-examined—I was told that I was expelled from the Shanghai Race Club simply because of atter I wrote to Mr. da Silva. The Stewards sent me a copy of it. It was my agreement with Mr da Silva,

Mr. Fraser-Smith objected to its being put in, The letter, with the Steward's letter, was put în. The letter to Mr. da Silva contained the conditions as to Odawara. He was to be sold for Tls. 150, and bought back after the Hongkong- meeting for $50 if desired. They were to livide all winnings, etc, Mr. da Silva paying all. expenses.

Plaintiff continued---I shewed it to Major Tripp, the Clerk of the Course here, and he was quite pleased to get the information.

His lordship disallowed this and other questions.

Plaintiff—I am still a member of the Shang- But you have been wellknown in Hongkong hat Club. I have very few enemies in Shanghai, Did you sell any other stocks?—Yes, Lands

Mr. Fraser-Smith tried- and Docks, and Wharves. I sold 125 Lands, for a number of years?-I don't know some exceptamong the sporting men. In the letterwhich make me a hotse-dealer and a professional 150. Steamboats, and about 275 Kowloons. I. people knew me through the introductions in I have called a "trap" find that I sold 550 Sugars. I also sold your paper (laughter). They did not know metoder. It would have been sufficient to get me Green Island shares, and 200 Punjoms, plan

my advantage.

His Jardship All in June of A Plaintiff And the commencement of July, I Up to the time of the purchase of the shares also sold 6a. Chinese Insurances and 100 Banks. from Grimble you had sold shares to the aggregate of how many million dollars-It does not go into millions.

I think it does--it is very near it, (making a calculation).

His lordship You say some of these were for

But you say, confidence was afterwards established, and your name freely taken ?-Yes, over my transactions. It was common report that I had made money

And there has been some difficulty since the publication of the alleged libel in getting your name taken Yes, they won't take it at all. The day after the article my name was refused in a transaction then pending.

Now, as a man of business, can you tell this the end of June-how many jury that the mere unsupported assertion in a Plaintif100 Banks, sa Sugars, and so newspaper that you bad gambled in shares, and Lands. Gewon, would have injured your credit in the Defendant-Have you estimated the value of phate market 7-Yes, coming as it did from s who never gambles himself, it would have a good deal of weight.

expelled from the Race Club. With respect to the coffee pidgin" (Race und) I considered

transactions, I nuthorised Mr. Sampson give that I was a guest. With respect to my share the defendant a list. I could not have had a heavy os closely that I could have jumped in at onco loss on the market, as I was watching the market and bought or sold, as the case might be. I was very cautious. I may do a million transac tions, but I never gambled. Large transactions are not necessarily gambling. If I had been bankrupt the available assets. would have been quarter of my inheritance, $10,000 some shares, my personal estate, and some goods. I prevent loss. I chartered a steamer from a mandarin in July last, for six months.

La partnership is where both parties agree to He had raked the paint to show that defendant's those' shares 7--Nö," (doing so). They come man who holds himself up as an impartial critic, as restricting my imports as a merchant to

share profits or lossce.

You raced together in partnership at the next mecting, didn't you ?—Yes; we were half owners.

You had some trouble with him prior to the meeting about financial matters-I don't recollect

Hadn't you any serious trouble ?-No. He didn't threaten to withdraw Odawara from the races altogether, on account of money difficulties 7-I don't recollect,

That would be a serious matter, wouldn't it? Rather,

Didn't you write to anybody in Hongkong saying that you were ill-treated I might have done he was a hot-tempered, cantankerous Dida't you write this letter to a Mr. Pratt, who appears to be also a joisk-owner

party.

The letter stated, that, Mr. da Silva and his (Brandt's) openly-declared enemies were putting their heads together-brewing something against him, which had annoyed him more than he could express. He had told da Silva he would not be trified with, and, that he (da Silva) would find himself in the wrong shop if he tried to deceive and humbug, him. – It was a shame the way da Slivs had been treating him, after all, he had received from him. Da Silva's arrangements for backing Odawara were childish and stupid, and, Brandt was afraid, antagonistic to him. Bat he would have to get up early in the morning to over-reach him.

Plaintiff admitted the letter, and at this paint the hearing was adjourned until to-morrow.

MORE RACING RECOLLECTIONS... The hearing of the case Brandt, v. Fraser- Smith was resumed this morning (Feb. 14th) by the Acting Chlef justice and a special jury. The Court was crowded a good deal during the afternoon, and a good deal of interest was shewn when the cross-examination of the plaintiff by the de

malice aro.e out of racing matters.

His lordship decided against Mr. Robinson, Plaintiff continued-I gave Mr. Hutchins a share of the profits of the racing, for riding, I had some trouble with him. He was the "sworn enemy" referred to in my letter to Pratt as conspiring with da Silva against me I bad racing associations with you (defendant), whom I have described as a black-mailer" You are one. I was also a partner with da Silva, but I bave never described bim àí a scoundrel and a fraud, I may have publicly called him a thief-he deserved it, I also race with Mr. Just some years ago, and he lost pretty beavily. I trained for Mr. E. Sassoon in 1879 was a member of an inconstitutional body here called 'the' Race Fund in those years, and had the privileges of the Grand Stand, etc. I did not pay any subscription. I did not defrand the Fund out of the $5 a year subscription.

His lordship suggested that the cross-examin. tion was geiting rather off the track, and defendant thereupon turned to other matters.

to about $300,000, to labra de 1

J

Oh..it is very much more than that. Well, You sold, through Mr. Hector Sampson, oo that is my rough estimate, in Sugars alone, amounting to $148,250,2-Yes.

Have you got the prices you sold at, and the brokers who did your business ?Yes. I beg pardon--I have only put half of it down.

From October until now you said your opera tions only amounted to about $200,000 -About You are quite aware that since then the market has been completely stagnant, hasn't it -No. there has been a good deal of business done. Br. Mody has been selling thousands of shares, His lordship-It must be a considerable sum, Don't you consider $200,000 a very large Defendant At a cursory glance it is consider transaction for you in that short time, in a ably overa million dollars I have put the Sugars stagnant market?-It is very insignificant. Fifty down at $150,000, (making another calculation) or a hundred shares bought and re-sold make make it $40,000 altogether. $100,000 in a very short time--you get a million. We will increase that presently. You say you before you know it. only sold 550 China Sugars up to the 12th July. Did you tell them through one broker? No.

Well, you sold 480 through Mr. Sampson, alone Pibution net fo gaut

I

"

Mr. Robinson said that the brokers would be called gred

You sold 480 Sugars through him alone for September and October 7-Yes,

..

الوا

NOT GAMBLING, You gave orders to the brokers to sell any amount of shares ❝ forward,", didn't you ?--Yes, I gave orders, certainly,

kinn you,

Do you know a broker named Ramjahn? Уся, I am sorry to say,

You have done a considerable amount of business with him, haven't you? Yes, but it was very unsatisfactory,

You knew him last July?—Yes.

Did he sell any Sugar shares for you?-Yea Do you know how many?-A few hundreds. Did you give him any limits as to your orders? I never do give limits.

Mr. D. E. Caldwell, solictor, wald that heissued the writ of commons against the plaintiff, in 1886. He claimed $7,500 for Lum Hon, for brokerage. Mr. Bidwell brought Lum Hon to witness. Mr. Francis was retained, but the matter dropped because witness would not give credit to Lum Hon.

No questions.

Mr. R. E. Toeg. of Toeg and Gabbay, brokers,

said-I have acted as broker to the plaintiff. With the exception of the Grimble matter I have hind no trouble with him-to speak of In the Grimble case plaintiff bought fifty Sugars for August, and sold fifty to Benjamin at 4 point more. If each had taken up the shares there” would have been neither profit or loss. Benjamin became a defaulter, and a difference arose between Grimble and Brandt. The amount of Brandt's' share transactions through us-- buying and selling from the 15th Juns up to the end of October, amounted to $153,000, cash and "time.” The cash transactions more. I don't know were about $55,000. what the effect of the leader of the oth October had on the minds of the public, but we have had very few forward transactions since. He has not ordered any. I have been phliged to sign for the concerned once. I have done forward" contract for the defendant.. I never told him that Brandt was repudiating his sharo contracts, or trying to swindle brokers.

Cross-examined The trouble I have bad that was "nothing to speak of" was that one sentie ment day he did not pay the differences" due transaction were in some instances for settle to us. He owes us $400 now. The cash ment. The market is pretty dull now.

Mr. H. Sampson, broker, said-I have done business for Mr. Brandt. I supplied Mr..Fraser with his permission: I have never had any

You werd reprimanded by the rewards; :/ fondant was resumed, as folinws :ARNChinese he continued) I was only the agent of injg account waRCIALE SAI any of Dogs, them "That was where the good management) Smith with information about those transactions,

Don't you recollect that you and I were res ported by Mr. Coron on account of some trouble that took place on the off-day Yes

And you stayed some time. In the Colony before it was settled No, only a day or two, It was actiled the samo day, I think, bayana ka

weren't you ?-1 was not; 1 I was exonerated,

What was the charge against you Mr. Robinson asked if it was relevant, Defendant-Relevant,to, a man's character. when he is claiming damages), (To plaintif) What was the charge against you 1—It was a charge of "puting "altern

Plaintiff said I had an office in Canton when doing business with the Chinese Government. I beard in 1886 that the Happs wanted Tis. 1,000,000, and did not know how arrange it, and I did it for him. The loan was not arranged before that, in Shanghai, by the new Hoppo. I got Tls, 300,000 first. The new Hoppo got the rest, at Shanghai, afterwards, inconsequence, I believe, of the paragraph in the Telegraph saying that was going to be sued, The new Hoppo and his retinue, stayed with me in my house. There were 100 people, and I had six rooms, but then the Chinesedon't want much room 1 had contracts at the time to supply the Hoppo's fleet of men-of-war with coals. The contract was stopped when the feet was dabanded, on the conclusion of the Opium Convention... (Aller some aninteresting details of transactions with You: swore, yesterday that I was indebied to you to the amount of about 8goo ?Yes. I have Shanghal firm in supplying the Governor of Looked up since, and I find it in searer $200. Yunnan with rifles and cartridges, I was It was. $227.81. I got an account from you introduced to many mandarins in Canton, shewing that I owed you $162.50, but I did not generally, through my interpreter, He got, this admit it. It was the debit balance mileged to be me an interview with the Viceroy Chang dec to you at the end of the 1883 meeting. Chih-tung. I am not aware that he was only What is known in racing, pariance as Mt Robiasoa contended that, this was accessible through the Consuls, I met M "soping ?-I am not well acquainted with irrelevant researchuile VM Jurgens in 1885, he had been doing business with your low terms-It was pulling, copy

Mr. Freser-Smith He makes statements on the Canton Government, but got imprisoned, on That is 1

pulling pony, so that it oath showing that famṣin bis debt, and I am writ of attachment, in Hongkong. He was should not win? You said to the tearood, going to shew that on his own admission he owes destitute. I don't know that he and got $21,000 belonging to the Canton mandarins, He counsel that I wanted Second Violin from you ma $177, besides the money he collected from fival of Bidwell and Pliman, and as blackmall-Precisely I repeat it My Mr. Chaber and Mr. Murrayış mikrogol you

Will you produce the letter in which I first: His lordship-It is common ground that the they got him arrested on a promissory note. asked for this pony 7-Which is that. Adangreement did not arise out of matters of got the writ set aside. I had seen Pitman in the office of the Hongkong Telegraph when I was staying with you (defendant) and had seen bim writing articles, correcting proofs, and so

I don't know the letter you produce shows account, because in your letter you say that 14 although he owed you money you would "let

there was's previous one..

(balance) was

You told him to sell as many as he liked? No, I told him and the rest of my brokers If they had any offers to let me know. Was not that gambling for a forward fire in And you sold at all prices-sometimes below the the market price, didn't you?--I sometimes sold. the market --No, it was share "operating,"

Agata polat or so below Mr. Mody.. same as you do,

Answer my questions, and don't be In August Sugars rose to something like $300, didn't they?—Yes, for a moment. People were pertinent. It is my answer.

You had no shares to go on with No, ibdd mad, m some core our profits amounted to

-You had sold some shares for delivery in You said your

August? Yes, I put the end of August down as the term of the crash that was to come, and I Yes.

Supposing the market, had gone

Now, presuming that that rate had been main could you have paid $80,000 ?—There, night based my calculations on that, I was a "bear" have been some difficulty-1, don't say could tained until the end of September would you not have paid its hand to saver,

You said your assets amounted to $800 have been able to find those shares 7-1 should certainly not have stuck to all my sales up to me what my ba I never said so. You asked n

bark

came in. The wetty Nu wont de Welly What are your other means?--Or

Yes, but you are nota prophet supposing your trouble with his business. I have bought too, bad st 18: private buiness.

Calmlations had gone wrong, andthe rate of $300 $160,000 worth of shares, for him, and with really, this

MRobinson Thecader which is the libel in ceptmpt until September, could you have found one or two exceptions the

based on a specific transaction, and dani. Di raking in all, these lines to the shares ?--I don't follow your argument if in his favor. Before the "welsher article indif to disclose his whole bill sess. Nad died I should have been dead. I had sold forward for him, and his name was comp

You have brought it mit en rout- Bilpposing you sold 100 shares at $250 for Preity readily taken, After that he and I hnd

which I could not fulfil buld haze evidence about these September 31st, and they had gone up to $300 trouble, and I got no more orders, except one. ho must cross-examine.... ou wanted | in" August you would have been $5,000 out,

To would not you? You are not wrong to show that he was solvent,

Mr Robinson I only wanted" shew the 1. Would you have been able to nature and extent of his business.

Defendant What other, means or property had you 71 had other property.

I think His lordship-Well, I

through Hughes and Etra that you were unable what they were you ought to state aut, August had not you bought 200. Punjome

Abdullah Fukeera, broker, sald--I have done If I refuse-will it be at the danger of losing His lordship. If I admit the question it will to lake up I had bought them, and I paid the

business for the plaintiff in Sugar shares: ⠀⠀ The transactions, reached $70,000 odd. Only one Oh I am agt so much Against answerig fled over. I could have taken them up, but I

was cash transaction. Sometimes I had you had better (89) stuck over 100, His lordship Well, “thinke

better. Then you were not infallible, as you said Just dificulty in getting his same placed. I did answer.

Mr. Robi He says that if

2th being caught in a loss of $80,000, I couldn't say whelber his name was leis accepe dufitioni cu Doyou know Mr, Samuel, broker 7-Yes, I table after the article or not I don't think 'adza His lordship—I think it is s

Witam sorry to asymoons WA HOW Cross-examined-The only cash transaction M. Robinson-Think so,

thắng ở He has done a lot of businers' for you ?——Yes; | was for 100 Spläman at $41. The set of the (khcgildi mot" in a most unsatisfactory way 1370,000 were for Sugar, for October,” He toom ness, prefers to risk pla show his hand I think your lords

Hold a lot of China Sugars for you, and all the names I gave him. He owes me bicker you had better withou Had some litigation with him about age on one transaction. He asked me to sign excrclip your power WAA

“for the concerned, 'in Augurt und 3′rifised Hierdibly

matta

ful

I

hay, nothing to do with that to pay that

then I will leave the jury to form, their own conclusions, Now as a matter of fact on the

Plaintiff then produced a letter dated", tha that go. You'allege that it was his mismanageon. Major Palmer was also there. I will swear. I be at the danger of going to prison (laughter difference on one hundred and got the rest car-

15th November, which was as follows-ment of Highland Fling Hog Hongkong, 15th November, 1883. Mr. Fraser Smith-Yes that I say him there in the spring of 1883. With MY DEAR BRANDT gind to hear of Mr. Robinson-We don't for a moment admit respect to the Paper Manufacturing Company, it Second Violin's victory in the Champions that the money was a “cumabaw * to us, or never started. The capitalists came forward, but did not put up the money, I got the $5,000 as an

Cross-examined Among a certain class of speculators. Brandi's name was readily taken to a certain extent among the substantial class. I had to sue him for brokerage once I had paid him $24,000 profits as par

Re-examined......I sued bini because he said the

had settled the case, transaction had fallen through, and I believed ho

goes to praye what I have all along contended. His lordship. That has ɛno bearing on 19 Indempty for giving up my contract. The bim with prison fie inge; obey threaten now 2-1 said, there was no possibility of my not care for his orders; on that account.

allegation at all,

that if he is well old Fiddle is one of the best racing ponies ever seen in Chins, I hope you Mr. Robinson said that he did, not like to Company was registered in my game, and have won a lot of money, although, you had a loterfere earlier, derechos had purchased some property from me. The bad lot of griffins. I had not #dolff on the His lordship You opened on it, you know, reason the Company did not start was not races-if I had had, I have so doubt, my old Mr. Fraser-Smith Yes opened, the door very that I had got the land without justification. favorite's victory would have done me lot of widely, However, I will let it drop 21/11 take The land belongs to the Company now good. It was reported here that you were my tem dy in a mult to recover the money, and it is all in existence, it is not wound up

They said me the money to cancel my agreement, I draw ind selle reported by severs) Jockeys for Sou riding into vindicate myself