Although the defendants had not retracted their statements, they had published the news of the British Court proceedings and of the me quest, yo that they did actually, correct their statements. The facts had changed and they changed their reports. A further point was that publication was made without the knowledge of the managing directors. The managing directors wera in charge of the financial affairs of the newspaper and according to Chinese Law no criminal offence could be charged against a man if the offence was committed without his knowledge or approval. How was it possible to hold responsible a managing director who had nothing to do with the editorial work? The ame applied to the editors. Mr. Sun was away on leave in Soochow when these articles were published. As to the other two editors, they did not write the articles and were only responsible for the first page. They never oven saw these articles, nor wax it their duty to do There was no evidence on points. They were sued as duals, but evidence showed ™that they were not responsible, not any "of them. The plaintiff should sve the individual who wrote tie articles.
Mr. Covey, appearing for the relatives of the deceased, asked if the police had taken the trouble ta) vouch for the truth?
Had. they gone into the ease of the kicking the coolie down 18 or 20 steps. He maintained they had not done ssu. They merely said, "Thark noodners, we have our discharge, ye will go to the parties who have the rumour, We are i fr. Covey added "not in gland or America." The papers had every right to publish a report which they cheved. Di the com- i Piainants put Dunne on any other charge when he had been acquitted of the charge of manslaughter? they were afraid! was not necessary."
Mr. Covey—Has Sergent Dunne lost one little bit of prestige? Have the police? No! I say no! This criminal ease is only brought about to bring about a civil action, I believe Sgt. Dunne is asking. Tls. 20,000 damages.
The Assessor—All thi purely hypothetical, Mr. Covey (continuing)—rDid the police present the ease to the full extent of their authority?
The Assessor—You want to argue this ease on the case dismissed in the British Court.
Mr. Covey—Was Dr. Davenport ever taken to Court?
The Assessor—I mast stop yon. The case has been settled in the British Court.
Mr. Preston, appearing for Mr. Hsu Chien-ping, and the two de. fendants of the "Eastern Times, made reference to the evidence of Mr. Jabin Hsu, managing Dirvctor of the "Shanghei Journal of C merce." "I am called the managing rector," the latter had stated, one of a board of eight others. Gar duties are concerned with the finance of the newspaper. T have nothing to do with the editing of the newspaper." Me. Preston went on to say that we must put out linind British Law. It was British Law which was at the back of the charge of alleged libel. The prosectors had picked on the manag-"ug director and the editor in each case regardless of their personal concern in the matter. They had chosen them as represent ive them respective newspapers and yet they fest shosen them before this Ca:
individuals. There was nothing la Chinese Law to permit that, Editors or Writers Responsible?
Mr. Preston suggested that the writers of the libellous statements, should be charged. In n foreign paper it would be dificult to trace the writer of an article. In a Chinese paper that was not s0. Every editorial was signed and any body could at once find who wrote the article. Therefore it was not necessary to have a special law 10. make the owners responsible as the author was always identified by hi signature, The man who was wronged had his remedy and could have charged the local news editor. In the case of the "Eastern Times, which was registered at the Fret Consulate, the French law stated that only false rumours which were published to disturb the public peace or which were made in bad: faith ware libellous. He submitted ft to the Court that those articles not affect the public peace, nor were they made in bad faith, A lie employed in Louza Station hed beer struck, He had died and Sub-Inspector Dunne who charged with manslaughter. The news. paper sgeney sent a long report what was supposed to. be an interview between the decem brother and the Ningpo Guild. Those were the facts. There could harllly be any bad faith, as the police had charged one of their own men with manslaughter.
The prosecution had its remedy and he asked that the three accused which he represented should be dis charged.
Text read from the printed page and cleaned; old type leaves the occasional error.