Mr. Fessenden said his clients! admitted publication of the alleged bel, and emphatically dented any malicious intent. The matter, as Mr. Faison had already pointed out, was purely a matter of damages, His amended reply to the complaint fully set out the facts which he submitted in mitigation of damages. He would show how the mistake] had occurred.
Mr. Fessenden added:—"It is nothing: more or less than a mistake made by the 'China Press'
Jo reporter handling the case being taken off and another one being put jon. He consulted the voluminous] Mixed Court record, in which Mr. Ross's name appeared a number of times, and it-was not surprising that reporter unfamiliar with the case ]was led astray through seeing the name mentioned so many times. I think that brief statement will make! the issue quite clear."
Mr. A. C. Davis, whose evidence! was taken previously on account of hhis intention at that time to leave Shanghai, was recalled by Mr. Faison, who reminded him that. he had stated that there was a consummated agreement between the! plaintiff and himself, but in cros: amination te said that the agres ment only was tentative and woul have to be submitted to his lawyer for approval. Counsel asked for further explanation Mr. Fessenden successfully enter-
Inspector W. Whiting, Municipal Police, st present acting: Registrar of the Mixed Court, produced a copy of the Mixed Court record of the evidence in the arson case.
Mr. Fessenden asked the purpose! of such an exhibit and Mr. Faison replied that his intention was to [show gross carelessness on the part of the defendants.
The Judge said that the libel had been admitted and Mr. Faison could] not ask for more damages than had] been claimed.
'Mr. Faison contended that he could, provided he showed the defendants' action to have been gross! Jearelessness and recklessness with regard to the public. In such cases the was entitled to ask for punitive umages in addition. The Court imposed punitive damages as protection to the public.
Witness said the evidence con-
Jcorned the case of three Chinese jeharged with arson. The public Taid 60 cents to look over the! Gourt's records, but the Press were allowed to look at them free after they had been checked and initialled ty the Registrar. On this particular day ihe did not think the "China Press" reporter could have seen the razord, beeatse it would not have been typed in time.
Text read from the printed page and cleaned; old type leaves the occasional error.