Counsel shen read respondent' aftdavit which was as follow:
Edward Archer Nottingham, Make oath and say ne fells 1am the proprietor of news:
TioSsfanghal Tine pushed ov Bhangh brown 2 joisa'Teanes etd Tycho Wing Sled have read the respective aftdavits the order to show cause. obtained Ferein la the editor of the said "Sbange hai Times" and Teave of and fs at present on long and has no knowledge 19 way responsible for thie Boneor: business an an hem of general news. the mary, courte 8. That I have not now nor at any time have ed any interest in the prosecution Uy the Council. for the foreign community 'm Skanphel against Gojjan Singh.
That tHe said passage was not hela Gf and fact the ase of ord odorous" cond of realy Sabstantinly be projadial to the sgrne in pile of the premises said Guan Singh in apprenescive thee the one of the word "hoterions® 'Ril in any' way puefudice Min teal Moresaid Tam willing to. publish: an further statement that may be reason explanation. thereof in the newspaper or in any way that honourable court may direct, The gist of that affidavit, continued counsel, was that the' word "notorious" could not be prejudicial to the trial of Gujjan Singh but that the "Shanghai Times" was willing to publish anything which the court might direct to allay any prejudice which possibly might have. been formed.
The "Shanghai Times" had al-tways endeavoured to uphold the best traditions of a newspaper but, said counsel, "The view we take is that we will do anything you Wke but feel that nothing wrong. has been done,"
Mr. Wing's Contention Mr. Wing, counsel for the petitioner, said that he was quite prepared to deal with the question procedure raised by Mr. Newman. There were different pro-[cedure to be followed in various other courts, Counsel went on to say that he did not contend that the "Shanghai Times was other than a perfectly e000 newspaper or that they were actuated by improper motives when publishing the expression complain-_ led of. Mr. Nottingham was. Fespcctable gentleman and undoubt-joly conducted hin newspaper" in Jaccordance with the best traditions jof the press. That, however, was not the point, continued counsel, this instance they had not Been careful. "Newspapers in. Shanghai should be more careful than in other places, Here there was no chance of a change f venue which might afford relief to the person against whom derogatory expression lad been used.
Counsel then quoted reported cases in. support of his application jand his Lordship remarked that he quite satisfied as to the projeedure adopted by petitioner's eoursel, Mr, Wing said that be ad re. ferred to the definition of notorious" in several dictionaries and all said that the word was applied in cases where it war desired to express that a person was "widely" and unfavourably known." His client had been committed for trial and he submitted that nothing could calculated to do him i the expression complained of, appearing as it had, ina largely circulated newspaper, The "Shang. hat Times" had veed a term which counsel for the prosecution would not be allowed to use at the trial "IN is all very well, continued counsel, to say now that they are willing to make amends, mischief has been done." Hi client would be tried before a jury and counsel submitted that anyone who had rend thin particular' sate the "Shanghai Times" cor" not help being prejudiced against his client.
No doubt his Lordship would direct the jury at the trial to disabuse their: minds from anything they had heard or read. It was ery envy to tell people, bat another thing to get them todo it. Hie submitted that hie client had been tone an irreparable injury through the carelessness of the respondents, He did not suggest that it was done fu any vindictive spirit, not know whether it had done client any harm in the Police Court, but it might have done, and it might further harm in.' the higher court. It was an act which could not. be condoned.
There had been no case of this kind before and the press were to be congratulated on their reports }of proceedings. He submitted, how-fever, that the proes should remomoer that the reporting of criminal prosecutions was fraught with danger and that publishers shoul! exercise the greatest cautiousness.
Text read from the printed page and cleaned; old type leaves the occasional error.