Intimation.
Powell's
ALEXANDRA
THE HONGKONG TELEGRAPH TUESDAY NOVEMBER 26
SHANGHAI NDIZONS TROUBLE Mr. Bassett A copy of the request in
WHAT IS A PRIVILEGED COMMUNI-
CATION.
„
The trial of Henry N. Demenil for the man slaughter of a pative at the village of Laku, Yunnan, on May 30, 1997, was resumed at Sharghat, befwe. Judge T., R. Wilfley, of the U. 5. Court for China, on zoth inst.
Mr. A. Bassett (District Attorney) prosecut ed and Mr. W. S. Fleming defended,
After the Court ross for theiffis adjournment an animated discussion, in which the Judge, the, District Attorney, and Mess & Gammon and Darrah participated, could be heard in the back
room of the Court,
BUILDINGS. hat Afercury When
DRESS
When the case, was rosumed at: 2.30, Mr. Bassett called Mr. R2, D. Neish of the Shang, hal Mercury. When the Clerk was about to swear Mr. Neish, the latter said he regarded what passed between defendant and himself as confidential.
attached to the subpoena. (To wlisejk)'' Did you have any such sotes?
Withers really cannot say. I have taken no steps to gel possesilos of them. They may be amongst the copy.
Mr. Bassel requested you to preserve such notes,
'Witness—I said I would not destroy them.
Mri Naish No.?
Mt Bassell-Why not?
M Nejsh regaɛd them as copfidential at any time. The directors might object to the production of the potek,
Mr. Bassett-You say 'you will not: you mens you candot?
Mr. Nelsh I mean will not and cannot. The noles have not been spécially preserved Mr. Basset(-{' most use every effort to get sud I do not know how long it will take to this evidence and thara notes from Mr. Neish.find them.
His Honour--You'd better ask him, the questions you want to put, and have answers on the record, and then have a transcript sent to the British Court showing that he declined; to answer the questions. *
Mr. Basel-You told me, Mr. Neish, -that you had a conversation with Demesil?—There was a conversation. Not specially with the defendant. There were others present and it was a general talic.
Did you talk to the defendant about the episode which is referred to in the interview?
Mr. Bassett-Have you made any 'attempt
to find them?
Mfr:Neish-No.
|
Intimations.
Intimations.
ST. ANDREW's ball.
THE WORRIED WOMEN. They say men must work and women must weep but alas, in this too busy world women bars are requested to send in their name:
SCOTSMEN desirous of becoming Subscri often have to work and weep at the same time. to the Hon. Secretary, Mr. R. G. MUNRO, Their holidays are too faw and their work King's Buildings, from whom full particulars heavy and "monotonous.
makts them may be obtained.
(1024 Hongkong, 23rd Novembar, 1907.
nervour and irritable. The depressed 'and· worried woman loses her appetite and grows thin and feeble. Once in a while shs hus spalis of palpitation and has to lie up for a day or two. C If some disease like influenza or malarial fever
Mr. Bassett—If these soles are in existence happens to prevail she is almost certain to have they are under your control?
an attack of it; and that often payas the way for chronic troubles of the throat, lungs and other
Mr. Neish-1 don't know.
His Uonour-These noies have not been organs; and there is no saying what the and destroyed?
may be. Let the tired and overladen woman rest as much as possible ; and, abive all, place at her command a bottle of
I
Mr. Neish-I don't thing so. His Honour to Mr. Bassett-You had better sik M. Clark to come to the Court in the morning, and communicate with the Britisha Court stating that Mr. Neish has refused to Did defendant deliver into, your possesajontesily, and say that he is required to testify any writings which gave you the material for on a subject matter in this cato the article referred to?
Dr. Winckley-This witness is here on sub-| --I don't know. poena from the British Court.
His fionour told the Clerk to swear witness. In reply to Mr. Barsot, witness said his name was Robert Davidson Neish. Ho was a journalist and editor of the Shanghai Mer- sury: He saw Demenil one Saju day after DEPARTMENT. noon in his office. Witness had a conversation
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with Demenil The conversation was con: fidential. Witness declined to say what was the subject of the conversation.
Mr. Basselt. On October 26 a certain article appeared in the Mercury entitled "West China Adventure. Charge nl. Manslaughter against an American Explorer. An Interview-The Prisoner's Own State..eat."--Witness-I saw that article.
Y
Did you have any conversation with Mr. Demenil respecting the conicats of and anicle? decline to state anything about this. It is a privileged communication.
Mr. Fleming said this' should be taken as a privileged communication.
*** His Honour-Do you know any, rule butter which this is a privileged communication P Mr. Fleming-I don't know any rule. Mt. Bassett-The communication cannot be privileged, if it is published.
ال
Mr. Fleming-You have not proved that. Mr. Bassett-1.can, prove it. I suggest that this case be postponed until this matter can be 'brought to the attention of the British Court."-
His Hamour- the statements are no privileged I,want the testimony.
His flonour to witness-Mr. Neish, you are connected with the Mercury, by whom this article was published?—Yes
Are you editor-in-chief?-1 am not editor-in- chief, Mr. Clark is.'
Are you his associate?—Yes.
Did this article appear while you were" con
nected with the piper?—Yes,
It parports to be as interview with Demenil? www.Yox,
Do you know whether or not it is an inter view? These are journalists' secrets as to how it was arranged,
Did you procure it?-i declina to divulge how we got it.
+{
Mr. Bassett called at the Mercury office and Mr. Neish told me that he was the person who knew about this and he would be the për. son to subpoena. These are facts which are in his knowledge and he should testify.
His Hosdur-Were the facts which are published here given to you?-1 revised it.
You didak interview the pen yourself then I cannot answer that question.
Was this given to a representative of your paper voluntarily?-Entirely voluntarily.
There was, no promise made by you at the time that you would keep anything secret in connexion with it?—That is understood, that as a journalist I shou'd keep it secret.
:
Mr. Hassett was understod that yeu would publish it?-As a journalist decline to say whether it was an interviewora manuscript
or what
Do you understand that you, as a matter of law, have a righuto decline to answer the ques-" tions?—1 do not know law,
Do you understood that you should decline tö give this as a newspaper editor?-Yep. 1 quile understood that. We should never get, interviews, or anything else if we betrayed pec. ple's confidence.
"
"
His Honour-When you get into Court; it is different,
Mr Fleming-I submit your Honour should not read that story. If your Honour were sitting with a Jury here you would, not allow them to read it.
Mr. Fleming-I object.
Mr. Fleming said it had been shows that if witness had these notes he. had no authority His Honour-The objection is overruled. to produce them. He said the directors might Mr. Fleming-I beg to note an exception. object. The notes had not been shown to be Mr. Bassell-Did he deliver into your posses- in the bandwriting of the defendant or express- tion, any writing. which gave you the materially referred to by him. There was no statement from which you got the information for the expressly made by the defendant connecting article in question?—I saw it in the possession him with these potos. of another gentlemen.
The notes were given to you ?—Yes. Were they given to you in the presence of the accused?- decline to say.
Did you read over these notes in the presence of the accused?,~ 1,did not, "dk
Who was the gentleman who gave you the notes?), tally semember his name
TAOW. ...
Was it Mr Pillow?—It might have been. Was it the gewterpan in whose cunedy Mr. Demenil was a battimer-1, dig nor ank him whether he had Mr. Demenil in custody.
How did you'determine that the notes which' were delivered to youwpre authentic osnol?— I did not care whether they were authentic or 901, **
You published the notes then, which were given to you by this man without your finding: out whether they were authentic or not? Yes,
You published them without taking the trouble or any steps, to ascertain whether the ficis,contained in them were true?—No.
In whose handwriting were the notes?—I did Bot sec.
His Hope-All that has been covered by
this witness himself,
His, Honour-Mr. Fleming do you object to this bowspaper account going in?
Mr. Fleming-At present I do, M. Bassett asked that this matter be refer red to the British Court, with a request that they would require the witness to answer the questions he had refused to answer, and alse that the British Court be requested to order him to produce the notes.'
His Honour to Mr. Neish-The ouly thing you bave not testified toʻis with regard to the matter of producing these notes that are the basis of this article. The Court wants you to produce evidence of the authenticity of the statements published and that you decline to do?
Mr. Neish-Certainly.
Mr. Fleming asked for and was granted, per: mission to confer with witness,
Mr. Basicit asked for, an order requestion the British Court to instruct this witness to fanswer the questiont.
Mr. Fleming submitted that a had not been Mr. Bassett-3. shall bave, to get the notes, shown that these bules were in the handwriting your Hobour
of the accused. I also contended that the facis necessary for this order had not, baso
To witness-What conversation did you have collect; there was an conversation on the point with the defendant that time?- cabot re-
at all..
For what purpose did he came to your office?
is a leading question.
Mr. Fleming-1 object on the ground that it
The objection was overruled and an excep: llan noted.
A
}
Witness Mr. Demenil knows himself. Mr. Basiet What business did he have in your office?-1 don't know that he had any business at all.
*
You mean to say that he came to your office, and made no stant at while he was there?~1 'don't think he made any staten. He said very lit.le at the time.
Was it stated in his presence by'any person why he came into your office?"
overrated and no'ed.
Mr. Fleming objected, but the objection was
this, Mr. Neish?-I don't know; as I say, I His Honour-Did you write the first part of
revised it..
The fist part is supposed in be written by.av repr sentative of your paper ?Yes.
||
shown.
His Honour-He has led the Court to believe that he is responsible for the article. The Court has no knowledge of any law which permits communications between journalists and any individual to be treated as privileged A short communication will be sent to Sir Havilland de Bausmbiez as early as possible, -arking him to take the matter up as early ne possible, and stating that Mr. Neish hat attended here in response to the subpoena, but that he has refused to answer the questions of cournet and also the questions of the Court.
Mr. Fleming asked that h copy of the order he served upon him. He reserved an ex- ceptian to the oïder. He objected to the instructions to the clerk to issue the order.
The objection was over-ruled.
+
The cale› was adjourned until, z p.m. next day.
For Sale,
ART CURIOS STORE
His own story if his adventure from KUHN & KOMOR'S beginning to eft, told to a representative of this papar immediately on his arrival," in Shanghai, is as follow!:-m
"Then comes the story of the adventure?--Yes, You revised that first paragraph-um responsible.
His Honour read the first paragraph and then continued.
Who was the representative of your paper?- It was rough notes.
*
1
By whom were they given to you?" By Mr. Demienii?-0.
Who'wx with him pl the time?—There was a gentleman with him. -
Was Mr. Pillow)-1 thought was Mr. Pillow
།་
} *: Did÷Mr. Pillow giye you the antes). The
gentlemen who was with Demenil did,"
His Honour-Thank you very much for your advice, the Court will be able to dis
Were you given to understand that these
critninate between what is evidence and whatnotes were prepared by the defendant himself? is not evidence.
Hi Hasour to witness-The Court does not know of any rule of law under which you can treat this as a privileged communication, and if the District Attorney regards this as an imp portant matter in this case, the matter will have to be brought to the British Court 10 dejermine whether or not they will enforce an anwar from you. This Court has no juris- diction over you and you are here as a matter of courtesy.
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-1 don't think there was any statement made THE BEST IN THE to that effect.
e What statement was made?- was handed he notes admit that they were understood to contain, Mr. Demenil's story,
#
The notes on which this was written?—They were rough notes and there had to be some alteralies made.
The facts were, as stated? They contained the facts,
The contents, were very similar? There is no change in the facts? No,
Mr. Nelsh duo't intend to divulge any thingdhat passed between MK Demenil and
Did the gentlemen give any reason for wante mysat any jaterview which might haveing them published)-t don't know that they taken place,
gave reason,
|
What did this gentlemán say whed be handed over this document? .....
Mr. Fleming objected, puf his objection was overruled and noted.
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My Bassett read the request made to the British Count for the subpur in of Mr. Neish, The letter asked that Mr. Neish be ordered to attend and to produce in Court certain papers stated to be relative to the killing by H. N.. Demenil, which writings were material, to the interview published in the article in the Afercury Mr. Bassell said the request was complied with Mr. Bassett-This essential part of the testi- by the Dritish Count and he thought:that premony has been omitted by witness. The notes bably the subpoena to Mr. Neish contained un 'have not been produced. order that the notes referred to be produced in His, Honour-Ask him for them, this Court. Probably Mr. Nelsh would inform Mr. Bassett to wipess-I ask you to produce the Colirt, whether the subpuja he received the notes which were delivered jo you on the was to that effect,
occasion on which you have teslified, and which, contained the facts on which you published:
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- Mr. Neish-It told me to attend in this Count.]
Mr. Bassett-It made no mention about this article.. thesa notés?
Mr. Nehb-No. (Produces subpoenas)
2. Mr. Nelsh−1 cannot, produce thous notes,
His Honour-Not at any time)
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