Kovember 23, 1908.)
CHINA OVERLAND TRADE REPORT
prove the truth of it and that it was published in the public interest. He must prove it all.
reasonable doubt as to whether he had proved Mr. Ellie said that the Jury might have a all the charges and had satisfied them as to the benefit.
what had been done was done legally, but there | thrown on the defendant and he had got to was a discretion and it was a question of whether this discretion had been judicially exercised. | A celebrated English Judge had said, “Let us determine matters here so that they shall stand with the reason of mankind when debated abroad." It seemed to his Lordship that this matter had been dealt with rather too much in a hurry; it was like blazing into the browu instead of picking off the birds one by one as opportunity offered.
The other evidence which had been adduced in support of the libel His Lordship referred to in terms which showed that it had carried very little weight with him, and then proceeded to say that the jury had heard counsel on both sides and he had endeavoured to direct their attention | to the facts on which this libel was stated to be -based. Now what they ought to do was to compare the facts with the libel itself and they had to 89y
to themselves "Can these facts support such a weight of opprobrium as we read in this libel?" This libel was not couched in calm words of reason, but in a hot blast of invectives. The jury had to say whether this was true or half true, or if it was quite untrue. If they found that these things which were stated were true, they had to con- sider whether they were written for the benefit of the public. It was quite legal to discuss, and criticize the decisions of Judges, but such criticism must not be a cloak for personal spite or attacks on character. Criticism of their
· judgements was welcome to Judges whose object was to do justice, but such criticism must be couched in language respectful to the Judge who was clothed for the time being with the power given by the State. Now his Lordship could not say that there was nothing to cri ticize; he thought there was a great deal to criticize and he thought that there was a great deal for which Judge Wilfley could not possibly be blamed.
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With regard to Judge Willey himself it was with the greatest reluctance that his Lordship said anything, but in the interests of justice he thought that he ought to say that a criticism which the China Gazette might have brought forward to the public benefit of the community, American citizens and the Judge himself was that he need not have been in such a hurry and that if he had settled down quietly and without any question of lawyers, and if there were any black sheep, he would have had an opportunity of dealing with them as the question came along. It was not his Lordship's business to enter upon criticism at all, but he wanted the Jury to understand what Mr. O'Shea might have said in order that they might see what he had no right to say. A criticism of that sort with candour and sincerity would have been legal and it would have been the duty of any newspaper here to have it. But it seemed to his Lordship that particular libel went very far beyond that. It went beyond the bounds of anything the public benefit could require. A case might arise where a Judge ought to be removed from office. It that was 80, would not a sincere man have gone about that matter in a very different manner? Would he not have stated facts in moderation and com. mented upon them calmly? Would he not have left these citizens of the United States resident in China to bring these more gross charges in a right way? Ought Mr. O'Shea here to have attacked the Judge of another nation in such a way as to bring his ad- ministration into contempt ? Of course the Jury must weigh the evidence with cool heads and do their duty between the Crown and the accused. It seemed to his Lordship that the Jury must look at the charges and see whether Mr. O'Shea had proved all of them. If he had proved all of them to be true, then. they had to see if they ought to have been published for the public benefit, and if they ought to have been published in the manner in which he published them.. Unless the Jury believed that it was all true and that it was all for the public benefit to publish them in this way then they must find him guilty,
Mr. Ellis asked his Lordship to instruct the jury as to any reasonable doubt they might
have.
His Lordship said that Mr. O'Shea published libellous matter In the ordinary way he would direct the jury to find a verdict of guilty. Then the statute camé in and said that the onus was
His Lordship said that of course if the Jury were in doubt, having given the matter their sincere consideration, and they still remained in give the accused the benefit of that doubt. doubt as to what they ought to do, they would
· 378
MANILA'S NEW WATER SUPPLY.
which gave to the city its new mpply. Manila's new water supply was turned on last week, the Governor-General turning the wheel
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Morning baths now," is the heading given in a Manila contemporary to the report of the ceremony. The water is taken from the Mari- quina River 20 miles northeast of Manila. The about 140 square miles of mountain and forest watershed above the point of diversion covers
whether Mr. O'Shea had shown that this palp-priated, and the entire district will be freed from
The Jury had one issue to try and that was
and is withdrawn from settlement. Private property within this reservation will be expro- able libel was true and whether it was for the public benefit. The jury would consider their
human contamination forever. The reservoir verdict.
is rectangular in plan and measures 509 by 764 feet and is 20 feet deep. Its capacite. is 50,000,000 gallons. Its construction Involved the excavation of 275,000 cubic yards of material. the placing of about 9,000 cubic yards of con crete, and the use of about 120,009 pounds of steel.
The jury then retired to consider their verdict. that they found defendant guilty.
On returning to Court the Jury answered
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Defendant had nothing to say, and sentence was about to be passed when the Crown Advocate
would be right if I would say that as far as rose and said-My Lord. I think perhaps, it
The dam is 400 feet long on the crest and the Crown is concerned in this case, and as the
about 85 feet in extreme height. It is built of object of this case is to put an end to such libelscopean masonry, or concrete in which large on the Judge of a friendly Power, as far as the
stones are embedded. Behind the dam will be Crown is concerned, we leave it entirely at your
a storage basin which will serve the city during Lordship's discretion. satisfied with such a sentence as will mark the
The Crown is quite is less than that necessary for the supply.
the dry months when the discharge of the river
fact of the libel, and the private complainant about P3,000,000 as far as the Deposito, and
The cost of wishes nothing in the way of an extreme penalty, the distribution system to be installed through- the completed work is All the Crown desires is that in the interests of out the city will cost the public, and of the two Courts, the libel h; additional.
about P1,000,000 marked as one which cannot be allowed. sentence?
His Lordship-You do not press for a heavy
The Crown Advocate-No.
His Lordship (addressing the defendant)- Henry David O'Shea, you have had a careful trial, and you have been very ably very defended. I do not see that any reasonable man could have come to any other conclusion under the law as it is, than that conclusion the Jury has come to. I think it is the conclusion that any man who has heard this case must have come to. When you wrote those words you must have known that you were writing a gross libel about a man who was just returning to begin his duties as Judge of the Court of a friendly nation here. I have considered the reason I must say that there was something to provoke you--I have considered that. I have also very carefully considered the remarks of Mr. Wilkinson, and the fact that the prosecution merely wished to have justice done, and does not call for a heavy sentence. I am very sorry it happens to be my duty to pass sentence you at all, but it is my duty, and I sentence you to two months imprisonment as a misdemeanant
of the first division.
upon
Mr. Ellis-On behalf of the defendant I wish
now to make an application. Defendant has asked me to represent to you that being in the position he is, perhaps your Lordship may say if he can be allowed out on bail for two or three days, for the purpose of making certain arrangements with regard to his business. Bail will be of such a character as will probably satisfy your Lordship, and also all the require. ments and wishes of my friend the Crown Advocate.
The Crown Advocate--I have no precedent in my mind, and the responsibility is too great for me. I leave it entirely to your Lordship.
His Lordship. I do not see how it can be done. I will make this arrangement. He can for two days see people in the presence of the chief con- stable of the gaol for the purpose of giving direc tions. I do not know of any precedent for any other indulgence than that. (To the jury) I am very much obliged to you. gentlemen, for your care- ful attention to this case. It has occupied your time for several days, and you will be exempted from further service for this year and the three succeeding years. We are all very much indebt- ed to you.
ESTABLISHMENT OF CUSTOMS STATIONS ON RAILWAYS.
Posts and Communication have agreed that The Presidents of the Boards of Finance and Customs stations shall be established at all important points along the railways, and that with this object in view a preliminary enquiry number of such places. should be ordered so as to find out exactly the
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were the contractors for the building of the steel The Atlantic, Gulf and Pacific Company pipe, tunnet, and conduit; the Matson, Lord and Belser Company for the reservoir and dam.
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Mr. Salvador Farre is the subcontractor for has completed the reservoir and gatehouse. the dam, and the Manila Construction Company
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The new system supplies 22,500,000 gallons of water each twenty-four. hours-enough to give every man, woman, and child in the city 000 gallons per day."
SALE OF FIREARMS TO CHINA.
FORMATION OF JAPANESE TRUST,
Japanese papers report that the Chinese Government is eager to improve the Army, and the number of rifles and guns purchased by sach provincial grovernment is rapidly increasing. Great importance is now placed by merchants of various countries on the export of firearms to China, and an acute rivalry has sprung up in the sale of firearms to China. The diversity of nationality of the competitors is evident in the struggle. At present Messrs. Armstrong & Co., of England, and Krupps of Germany, reign supreme. In Japan the Mitsui, Okura, and Takata have been competing among them-
selves.
The German merchants are said to be outdoing the Japanese in the lavish bribery of Chinese officials, and not grudg. ing expenditure on this object. Aware of the disadvantage under which Japanese firms labour in being divided and striving in competi- tion against each other, the Mitsui, Okura, and Takata firms have formed a trust to sell firearms to China. The Japanese military arsenals are having a period of slackness since the war, and can spare time for the manufacture of firearms for the Chinese Army. The Chinese officials are, however, influenced more by the commission paid to them than by the quality of the arms when giving orders, and German merchants have therefore the supremacy in the competition, Japanese merchants coming next. English merchants, whose notions of commercial morality are higher, are being outdone by the merchants of
the two countries mentioned.-Japan Chronicle.
Now that the revenue of Netherlands India sorely needs increase, the Government is con- sidering a scheme for gettting more money out of tobacco planters. At present, on every bale of 100 kilogrammes exported from the Colony, one guilder is levied in Java; The same raté is also levied in Deli, but the bale weighs only.. guilders in 1906. 80 kilogrammes. This tax yielded 715,000 It is pointed out that Sumatra tobacco fetches a higher price than Java leaf, and that, in common fairness, tobacco should be taxed on the value and not on the weight. The main objection to the idea is that a duty on the value would be hard to collect.
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