-$74
DISTURBANCES FEARED.
THE HONGKONG WEEKLY PRESSPAND THE SHANGHAI LIBEL CASE.
* E:November 23, 1968
With regard to the truth of the were in rather a more dificult they might have been, because Mr. had not given the exact facts on which strove to justify his libel. To make
The Edict proceeds to warn the public against spreading lying rumours calculated to disturb the peace. It has come to the knowledge of the government that evilly-disposed persons are going into the interior for the purpose of Messrs. E. A. Morriss, F. E. Glanville, K. D. quite clear he would explain that one
stirring up a rebellion, and the Board of Local Affairs, the Commander of the Bodyguards together with the Provincial Viceroys and Governors are, commanded to give instructions to the civil and military officers to be on the alert, and to issue rewards for the capture of the ringleaders. After prompt trial such as are found guilty are to be immediately executed The officers effecting the capture of the rebels are to be amply rewarded.
DEATH OF PRINCE CHING.
The death of His Highness Prince Ching President of the Wai-wu-pu is, we regret to learn, confirmed. It occurred on Wednesday about 1 p.m. The Prince, says the message. was overwhelmed with sorrow on learning of the death of the Emperor and Empress Dowager and was troubled because he was not permitted to take part in the enthronement of the present monarch, and the probable loss of power he would suffer under the present regime.
DOCTORS DEGRADED.
A telegram to the Chung Ngoi Sun Po (Chinese Daily Press) states that all the doctors in the Imperial Hospital who were engaged to attend on the deceased Emperor have been degraded and deprived of their rank although allow to remain, in office. The doctors who were commanded by the Viceroys and Governors of provinces to attend are also to be punished being lowered two degrees in their rank but are allowed to remain in office.
THE EMPEROR'S NAME.
A telegram received in Canton by the corres- pondent of the Chung Ngoi San Po states that the baby emperor is to be named Sün Tung.
PROTECTIVE MEASURES.
The Grand Secretary, according to another telegram, has given instructions to the officers responsible for the protection of Peking to take every precaution to ensure the adequate protec- tion of the capital, otherwise they will be severely punished. Soldiers have been added to the guard of the Forbidden City and the police have been instructed to prohibit rumours concern- ing the action of the Government.
ARREST IN THE PALACE.
Our Chinese contemporary is also informed by telegraph that Li Lin Ying, the chief eunuch,
and four others were arrested and sent to the Board of Punishment to be kept in custody as a panishment for their interference with the action of the Government.
NATIVE BANKS HARD PRESSED.
Another telegram is to the effect that the native banks in Peking being hard pressed and suffering from tightness of money the Board of Finance has come to their assistance with a large sum of money and thereby removed the fears of the people.
MOURNING.
On the 18th November a mourning service for the Emperor took place.
THE ROYAL SIGNATURE.
Another telegram announces that Prince Chak has been authorised to sign the name of the Emperor during his infancy.
PEKING QUIET.
The city is quiet, military precautions having been taken to prevent any disturbance.
RIOTS AT SINGAPORE.
A Singapore telegram to the Daily Press on the 19th inst. stated :----
Riots have occurred here to-day owing to the refusal of Straits-born Chinese to join the mourning for the late Emperor and Empress- Dowager of China. Shops and tramcars were stoned and a constable was injured. Fights took place among rival sets of coolies. Many arrests have been made in connection with these
disturbances.
On Nov. 15, being the anniversary of the birth. day of the King of Portugal, His Excellency the Governor and party paid an official visit
to Macao in H.M.S. Clio. The Governor was accompanied by Mr. A. J. Brackenbury, Private Secretary, Captain Simson, A.D.C., Hon. Mr. FH. and Mrs. May, Commodore, Mrs. and Miss Lyons. The visitors from Hongkong were entertained at luncheon at Government House Macao by H. E Senhor Rocadas, and returned to Hongkong in the evening.
In H.B.M. Supreme Court at Shanghai on November 10th, before His Honour Mr. F. 8. A Bourne, Acting Judge, and a jury composed of
the charges was that Judge Wilfley had Stewart, H. Veitch and H. E. Campbell, the protected notorious swindlers. Now if it had charge against H. D. O'Shea, of the China been pleaded in writing that between certain Gazette of libelling Judge Wilfley was heard.
dates and in a particular manner he had protect Mr. H. P. Wilkinson, Crown Advocate, and ed Black, and that Black was a notorious Mr. R. E. Gregson, prosecuted, and the defen-swindler and then a similar fact about other dant was represented by Messrs. Ellis and Hays. notorious swindlers, the Jury would want nothing
In the pleadings the defendant said :-
to be satisfied of except that these allegations Our Lord the King ought not further to pro.
were true, and they would, on being satisfied, say secute the said indictment against him, because
that this libel of Judge Wilfley was justified. he says that it is true that the matter in the said
But they had nothing like that. His Lordship said they went rapidly over the charges one by one leaving the jury to decide how far they justi fed the libel. One of the most important matters which had been adduced by the defendant in support of his libel was the remarks which Judge Willey had said about Mr. O'Shea, His Lordship desired to say at once that he was going to deal with Judge Willey as a private person. He had every respect for the sister Court in this place, but what he thought it necessary to say he would say without the least Mr. O'Shea that he was disreputable and There was the charge against compunction. that he went over from the support of the Japanese to the Russians. With regard
publication referred to did in fact show on the part of the said L. R. Wilfley indecency mendacity and a contempt for truth and justice and a desire to revenge himself as alleged therein, and that the said L. R. Wilfley is in truth and in fact a coarse, unscrupulous and ignorant and valgar mountebank as alleged and that the said L. R. Wilfley is in truth and in fact intellectually mentally and morally unfitted for and incapable of exercising his judicial functions as alleged, and that the said L. R. Willey in making the statement in the said publication referred to was in fact stating what he knew at the time to be untrue with the object of misleading the said members of the House Committee as alleged therein ani that the said L. R. Wilfey had in fact extended protection to persons notorious in Shanghai as swindlers and that his plea in regard to companies organized and operating under the Hongkong Ordinances was in fact false as alleged in the said publication.
And the said Henry David O'Shea further says that before and at the time of the public tion in the said indictment mentioned the said L. R. Willey was holding a judicial position as judge of the U. S. Court for China in Shang: hai and that members of the public in Shanghai might at any time be under the necessity of entrusting the adjustment and enforcement of their rights and the rectification of their wrongs either civil or criminal to the judgement care of the said L. R. Willey in such capacity as aforesaid that the said judicial office is
one
which should in the interests of the whole community, hoth Chinese and foreign. of Shanghai. be filled by a person of integrity. of unbiassed mind, of scru- pulous fairness, truthfulness and honesty, and of unquestioned legal ability- that the said L. R. Wildey was by reason of the matters hereinbefore set forth a person unfitted for his said judicial office and for the conscientious carrying out and performance of the duties appertaining thereto by reason whereof it was for the public benefit that the said matters so charged in the said indictment should be published, and this he, the said H. D. O'Shea is ready to verify. Wherefore he prays judgement, and that by the Court here he may be dismissed and discharged from the said premises in the said indictment abore specified.
The Crown Advocate's reply was -The said H. P. Wilkinson, Crown Advocate, says that by reason of anything in the second plea alleged, our said Lord the King ought not to be preclud ed from further prosecuting the said indictment against the said H. D. O'Shea, because he says, that he denies the said several matters in the said second plea alleged, and says that the same are not, nor are nor is any or either of them true. And this be the said Crown Advocate prays may be inquired of by the country and the said H. D. O'Shea doth the like.
As announced by telegram the defendant was convicted and sentenced to two months' impri-
sonment.
Great interest was taken in the action for
criminal libel against Mr. Henry O'Shea, editor and proprietor of the China Gazette, Shanghai,
Mr. Justice Bourne in the course of his sum-
ming up to the Jury said: If Mr. O'Shea could show that what he said was true and that he said it for the public benefit then he was entitled to the Jury's verdict. There were two points then to which the Jury had to direct their attention. The first point was 83 to whether the libel was true, and the second was whether it was for the public benefit that it should be published.
to the latter he said himself that he had been chaffed about that. About the first part--- being disreputable Judge Willey said that he came new to this place and gathered from his friends and from people he met what he under- stood to be the reputation of Mr. O'Shea and what he said to the people at Washington was exactly what he gathered from what people told him in Shanghai. Now the jury had to consider whether what he said was making a white sheep a black sheep, or whether it was making a brown sheep a little darker. The Jury must remember that when Judge Wilfley said these things of Mr. O'Shea he was on his defence. If they thought what he said amounted to saying that a virtuous person was a blackguard that would be serious : but if it was only a slight exaggeration, his Lordship did not see how this would help Mr. O'Shea. The Jury would remember that there was one other thing which was said and that was that Mr. O'Shea's paper did not enter the best homes. Mr. Wilfley no doubt knew whether the paper was taken at the houses of his friends and the jury must judge for themselves whether
these were reasonable conclusions for him to The evidence draw or gross exaggerations. adduced in this Court as to the examination of the lawyers left a nasty taste in the mouth. Judge Wilfley had the discretion of dealing with these persons as he chose, but it did seem to his Lordship that if Mr. O'Shea had criticized that proceeding with candour and sincerity he would have been justified in doing so.
What his Lordship did not like was that there was a con- fusion between the literary examination and moral character. He did not see why that need have been. If Mr. Holcombe wished to go up for examination, he did not see why Judge Willey should advise him that he had better not. Judge Wilfey might have said that he had better come up again in six months. The examination and certificates as to moral character should have been kept quite distinct. The man should have been told:
.
Here are your papers and you have failed. You had better come up in six months." The way this matter had been dealt with had created the feeling amongst these lawyers that they had not had, to use a slang expression, “s run for their money." What was done his Lordship thought was harsh and precipitate, in fact Judge Wilfley himself had acknowledged that it was too short notice. About that his Lordship thought that if Mr. O'Shea, had made this criticism that the result of the ex- amination, and of the investigation as to moral character should have been decided, separately and that these old lawyers should have been given more than seven days' notice and that they had been dealt with in a harsh way, that would have been justified, but no more. Turning to the question of the Water-tower district, his Lordship said that the jury knew what had been alleged. There it seemed to him also that there was som degree of harshness; not that he could say tha Judge of the American Court, was to blame,
i
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