7
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(June 30, 1902. CORONATION CELEBRATION
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THE HÔNGKong weekLY PRESS AND them, but it was in no sense an excuse. There It would be proved to them that this article was no justification whatever for anyone to take which was published in the Shanghai Times up rumours and state them as facts for the was copied into a number of papers, and so not mere gratification of the public which insisted merely were its effects confined to Shanghai, upon them, without regard at all to the people but were extended to the whole public in India, who had friends who were declared in these and to the smaller pblic in Japan. There was reports to have been the victims of a no dispute between the plaintiff and the defend. massacre. At that time most people had ant as to the publication by the London Daily come to the conclusion that the foreigners Express of these details. There publications, he in Peking had perished, and the publication thought purported to be telegram: from the of such details must have canged inexpressible Shanghai correspondent of thy Daily Express, pain to the people whose friends were there. and were editorial comments upon what purpor Regarded from that point of view he did not ❘ted to be telegraphic information. The Daily think that the words complained of were in any Express was not the only paper which published sense too strong. But they had to consider what at that t'me details of the massacres; the Daily was the real duty of a correspondent out here at Jail published at the same time a very full that time. If they would recollect how eager telegram containing details of the massacre, and we all were for information of any kind, whether that telegram was reprinted in the Times, not by it was a rumour, or a statement made by an way of justification of th Daily Mail staff, but official, he thought the jury would feel that it because the Daily Mail, being in possession of was the duty of a correspondent in Shanghai to superior information. courteously volunteered put his newspaper at home in possession of that information, which was published with an whatever news came to hin, so that the public acknowledgment of its source in the Times. might be as well informed as Shanghai people At the same time, it should be noted that the were. They would agree with him. he thought, ma sacre telegrams of the Daily Mail, Express, H. L. Dennys that if a correspondent failed to report any and Times were all published on the same day. rumour which came to him and which threw He thought they would easily see that all these light on the question of whether the legati ns details in the Daily Press parported to be based were safe or not, he would be committing a upon telegraphic information. But it did not breach of his duty. He won'd not be stating logically follow that the informatiou fact what he heard from another person, but supplied by the plaintiff. The Daily Express,
matter of fact, had other w.nld let the public at home know as much as he knew. That was the very least a correspon- poudents in Shanghai at the time, and there
the press agencies which supplie dent could do. There was a great difference were between a proper discharge of duties in this general information to the press at home. It direction and a deliberate invention of detail was therefore logically. correct to suppose from given rumoars. There was no word too that the information was supplied by some strong to criticise the conduct of a man who other person than the plaintiff in Shanghai: charged a person with that crime in the public It was logically correct 10 infer that the in- Press, so that the charge could be read by all, formation was supplied from other sources, and also logically correct to suppose that the plaintiff without he had grounds for his statement.
Upon the reassembling in the afterno n of himself had furnished it. This information too the Court, Mr. McNeill sketched the career of might have come from a variety of sources. Ou the plaintiff as a newspaper correspondent in the 18th January, 1992, the Shanghai Times China since he arrived in Shanghai in 1886 up took upon itself to make an absolutely illogical to the year 1900, when he was engaged to act statement, that was to say, it inferred, from as a special correspondent of the Loudon Daily these publications, that the information sup- Express in Shanghai. He then went on to plied to the Daily Express was information He thought they The defendant, in supplied by the plaintiff speak of the defendant the early part of the year 191, became en- would find in that article even something more nected with a person named Chesney Duncan, than that, becaus: it was not merely suggested whose named they had already heard in the-he thought he might say stated-in the article complained of as editor and proprietor article that the news published by the Daily of the Daily Press. That newspaper, which Express was basel on information supplied by The started at the very beginning of 1911, was not the plaintiff, but it was also suggested that
were misrepresented by him. continued for a long time under the name of facts
would show Daily Press, but changed its name to that of pro cention contended that any fair reading
of the article paper the New Press. The first number of this under its new editorship referred to what was suggestion was made. That was how the called the "massacre-mongers," and that served matter stood with regard to the charge that the first start of his was put forward. The Shanghai Times, on the to show that from occupation as a journalist in Shanghai the 18th January last, as he had said before, took defendant had conceived the notion of dealing upon itself to connect the plaintiff entirely with with the question of the publication of details this news published in the Daily Express. The with regard to these supposed Peking plaintiff had to prove the publication of the libel
On the 16th January, while the that it was a libel, and that it referred to him.
Counsel then went to deal at great length with defendant was still interested in this paper, a paragraph appeared referring to these massacre the petition and answer, paragraph by para- telegrams, in which the name of the plaintiff graph, explaining the many points of law bearing was distinctly mentioned. It expressed the upon the subject. In conclusion he said that intention of dealing with these telegrams from the beginnig the defendant had made a lie from begin (and exposing the authorship of them, and it blunder, a technical blunder which made the The article stated that certain stated that the plaintiff would be rather sick article in the Shanghai Times when he read the exposé which would follow. ning to end. The connection of the defendant with the New telegrams appeared in the Daily Express, Press did not last for ever, and he and Mr. Daily Mail, and Times on the 6th, or the 7th, The whole of the Duncan separated. He would not like to think July, whereas they were published on the 16th that they parted on good terms, because it seemed July, as a matter fact. that shortly after the time of parting the telegrams sent by the plaintiff would be open to defendant called on the plaintiff to supply him the inspection of the jury. The defendant ha
·with an account of the manner in which the seen the evidence available to him, as he had: New Press had been conducted, and suggestion limited him-elf to definite statements. All the was made that the manner in which it was telegrams would be produced and put into Court Mr. McNeill shortly afterwards fluished his conducted was anything but creditable. This article was sent to the plaintiff, and for certain address, and the Court was adjourned until the The verdict, on the 23rd inst., was in favour reasons it was not published. He could next morning, say this about the article, that it contained strong reflections upon the partner of the of the plaintiff, H. D. O'Shea, who was awarded defendant. This showed that the defendant 100 taels and cost-. had the ides, when he parted from the New Press, of writing something to the papers damaging to that journal. This article the plaintiff declined to publish, and wrote to the defendant informing him of his decision. Then the article was published in the Shanghai Times,
1
massacres.
very
་
that such a
Señor Aparicio, the Consul for Spain at Shanghai, died at the General Hospital. Shanghai, on the evening of the 15th inst.
We see that Mr. K. W. Mounsey has been
a paper over which the defendant had control. playing cricket at Tientsin and made top It was a qurious commentary on the methods of score (17) for Civilians v. Military on the 7th the defendant in desling with his grievances.' inst.
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