The Archive · 1903

HOLLOWAY'S OINTMENT AND

PILLS. With the changing season it is prudent for all to rectify any ailment affecting them; but it is incumbent on the aged, suffering under ulcerations and similar debilitating causes, to haze them removed or worse consequences will follow. This Ointment is their remedy; on its powers all may confidently rely; it not only simply puts their sores out of sight, but extirpates the source of mischief, extracts the corroding poison, and stimulates Nature to All up the ulcer with sound esta ions that will abide shrongh jie. Under this treatment bad less soon become sound, scorbutic skins cast off thur seales, and scrofulous sore-cease to annoy. or not, that that mistake was not. only the mistake of the defendant himself, bnt. was contributed to by the plaintiff, There was one part of the evidence which would be given by the defendant and by Mr. White-Cooper to which he would like to direct their attention, because he supposed he would deal with it when those witnesses gave their evidence at greater length, and that was that far from suspecting that Kwan was in any shape or form a dishonest man, the suspicion, if there was any, was directed. entirely towards another quarter, and that if there was any misappropriation, any embezzlement of the sum of $6,000, it lay in the direction of Cornabé, Eckford and Ca. As Mr. White-Cooper would tell them, it was after careful consideration of the facts of the case, and in order to bring the matter te a speedy termination that under the cireumances, and with the evidence before them, it would he able to take formal proceedings. The idea was that the proceedings should take the form of a friendly action in the Mixed Court, in order that they might get at the solution of wha was apparently a mystery surrounding the existence of this $6,00% Of course, his friend Mr, Jones when he replied on the whole case would no doubt make a great deal of capital out of the fact that Mr, Leake was a chartered accountant, and ought to have done this and ought to have at. He did not think that Mr, any time represented himself Bible, he was liable as everyone ake mistakes. He had apparently ake when he stated what he with regard to the $6,009, but he was hot the only person to do that." Me, Kwa must have made mist: with regard to his books, and even his friend Mr. Jones, in preparing his petition, had made mistakes with regard to dates and a orions mistake with regard to the actual grounds of his claim for damages. He had asked for damages for illegal arrest, a thing which was unknown. he first point, as he (Mr. Ellis) had stated before, on which Mr. Jones had to satisfy them, was whether thes® proceed ings against Mr. Kwan in the Mixed Court were instituted maliciously.

Another point Mr. Jones had to satisfy them on was that thes proceedings were instituted without reasonable cause On that point he would deal at great length, The evidence that, would be given by the defendant and by his learned counsel would show conclusively, that these proceedings which were taken' were not taken hastily, with any feeling at all, but with all the care which they possibly could bestow on this matter. They had exhausted every means of bringing the plaintiff down to Shanghai, and if the parties interested i: the business welfare of the plaintiff had acted in a reasonable way he was quite sat'sfird that the Court would not have been sitting there that day.

He now came to the question of slander With regard to that it would be for the: to say, after his Lordship had addressed them, whether they considered these words were defamatory. He proposed to submit those words tothem just as they were used.

Before they could say that thes were defamatory they must hear in mind the position of the arties. The plaintiff and Mi Leake good friends. Mr. Tong Ki gent of Kwan in this matter, and known that what did Mr. Leake do? He meets d-son in the street, and once in the and conversations were—held lative to the matter. M there something wrong the accounts, or words to that. effect, and Mr. Kidson replied that he was surprised, as Kwan was altoy: jai man, This clesvty 3 tint Mat have the impression made that dishonesty was imputed, but

Text read from the printed page and cleaned; old type leaves the occasional error.

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