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WEDNESDAY, NOVEMBER 14 1988.
"ICUTS" IN A NOVEL
MR. JUSTICE MCCARDIE ON REALISM.
HIGH IDEALS OF THE PRESS,
HAIR-COMB CLUE.
TYPHOON COLLISION.
THREE ARRESTS IN FRENCH THREE-YEAR OLD INCIDENT.
MURDER CASE.
CLAIM FOR DAMAGES
--After mystifying the Metz police for 30 months, the murder of a
The hearing_was continued at boat builder named Bemet is the Supreme Court this morning believed to have been solved in a before the Chief Justice (Sir curious way,
William Rees Davies KC.) of the case in which the owners of the 6.5. "Yuen Sang," who are the Indo-China Steam Navigation Coy Ltd., are suing the s.a. "Montrose for damages for collision and the
Bernet was found outside the
In the Vacation Court, before Mr
·Justice · McCardle, a question of considerable importance to news paper editors and to authors was gates of Metz with a bullet in his raised on a motion by Mr. Stephen brain. On the ground lay a wo McKenna, the novelist, against the man's hair-comb stained with proprietors, editor, printers, and blood, which was unidentified. publishers of the Referee to re-It Wils known that "Bernet strain an alleged infringement of | was In company with
a man copyright.
Recently the police received a letter written by a boy denouncing Bernet's wife as the woman in his company when he was murdered. The handwriting was traced, and the child told how he saw the crime,
and womanL
Montrose" is counter-claiming for damages alleged to have been done by the "Yuen Sang." -All the evidence has been taken on commission in Manila and London except that of the "Yuen Sang'a captain, who will appear in the witness box here later on,
The Referee is publishing in serial form a story called "Gloria," written by Mr. McKenna, who com- plained of the emission of certain episodes which the editor (Mr. Curnock) considered to be unsuit- able to the tastes of his readers. The Hon. Stephen Henn Collins stated that last April Mr. McKenna was approached by Mr. Donald, the then editor of the Referte, to see if he had a book suitable for publication in serial form. Mr. McKenna had a completed novel of 104,000 words, and he granted THE DOG IT IS THAT DIES. Johnson Stokes and Master) repre
the Referee a licence to publish
this for £500. The story is shortly to be published by Mr. McKenna
in book form under the title of į
"Vindication."
The first instalment of the serial appeared on June 10. Mr. Donald was followed by Mr. Curnock Ds editor of the Referee, and the latter, said counsel, appeared to hold a different view as to the suitability of the story for that paper. On July To Mr. Cumnock sent his fiction editor to Mr. McKenna, who was lo- vited to make cuts andalterations in his work. Mr. McKenna did not see his way to do this, and on July 22 the Referee published an instal- rent with heavy "cuts." which Mr. McKenna said travelled outside
The comb was identified and the widow was arrested, as well as Guillaume Merfeld, her present husband, and another named Keller.
woman
MOTOR DRIVER NEVER SWERVES.
Commander C. W. Beckwith, the Harbour Master, is sitting with the Chief Justice as Assessor. MrEldon Potter K.C. (instructed by Messrs. Hastings and Hastings) is appear ing for the plaintiff's and Mr. F. C. Jenkin with Mr. Campbell Prosser (instructed by Messrs.,
sents the defendants.
The facts as filed by the plain- tiffs are that the "Yuen Sang" was moored to the bulkhead between the piers and that the "Montrose" was lying alongside a pier on the
The driver of a motor-lorry at Wigan when asked in court to ex-starboard bow of the "Yuen Sang." plain the death of a prize terrier, A typhoon came on very suddenly whose owner claimed £30 damages and the two ships came into colli for its death under the lorry's sion. Plaintiffs alleged that the wheels, said: "I never swerve for "Montrose" was neglectful in not a dog: It is not safe to do so." having steam up at the time the typhoon signal went up and that she was not sufficiently strong- ly moored and that her stern lines should have been cast off after her bow lines parted to enable her to ride head to the wind.
The judge accepted the defence as adequate.
standard of taste I want to appeal to, and it is because I have that standard of taste I refuse to publish these pessages."
THE DEFENCE.
By the defendants it is claimed immediately the No. 4
Addressing Mr. Henn Collins, that
THE CHINA MAIL.
CANADIAN PACIFIC
то
MANILA.
Commencing with the arrival from Vancouver of the "Empress of Russia," 25th March, the Canadian Pacific will **Inaugurato a New Service between Hoogkong and Manila by the Steamers Empress of Russia" and "Empress of Asia.”
Leaving Hongkong regularly on the Wednesday.after arrival from Vancouver the Steamers will arrive at Manila, Friday Morning, leave Manila Saturday Evening and arrive back in Hongkong, Monday Morning 7 am,
CANADIAN PACIFIC.
Passenger Department: Tel. 752.
• FREIGHT and Express! · Tel. 42.
the collision. This was admitted in evidence,
Cable: GACANPAC.
Cables: NAUTILUS.
MOVEMENT OF STELMER.
NO STRAM UP.
The P. & O. * * Hantos * arrived The C350 was at this stage ] at London at noon on Nov. 9. adjourned to this morning when Mr. Potter continued his address He contended that if orders had
The B. F. #6. Bellerophon" arrived
at Now Tork on Nov. il.
The O.P.B., R.M.§. “ Empress of Asia”
the licence and was an infringe | Mr Justice McCardie said: "You say signal went up something after 4 been given to the engine room from Hongkong on Oct. 35 arrived at
ment of his copyright.
Mr. Justice MrCardle: What is it must be published as a literary: the nature of the "cuts"?
Mr. Barrington Ward, K.C. (for the Referee): There is a two-fold objection. Certain passages are not suitable for publication in the Mr. Justice McCardie: You are newspaper on the ground of the paying a very high tribute to the taste of the readers and others are journalism of to-day. You are ask- so protracted in character as un-ing me to lay down a principle duly to prolong the story.
which is most far-reaching in effect. Mr. Justice McCardie: Who are If you are right, no editor can alter the general body of readers sup- any part of what he purchases from posed to be? It is a very widely a novelist, journalist, economist, or read paper, and I read it myself.
anybody else.
Mr. Henn Collins: Unless he Mr. Barrington Ward: Anyone who has any respect for the purchases the copyright. Church of England. There are
Mr. Justice McCardie: Does the also episodes relating to the omission of the two seduction seduction of women and things of stories ianure Mr. McKenna's
literary reputation? Mr. Justice McCardle: You Mr. Henn Collins: He is the ought not to offend the feelings of best judge of his own reputation. those who have a respect for an established creed. I understand. that the readers of the Referee are very sensitive in their of tastes.
that kind.
LITERARY REPUTATIONS.
Mr. Justice McCardie: Excuse me, he is not. No man is the best judge of his own reputation.
Mr. Henn Collins: He is as good a judge as the editor.
Vancouver on Nov. 18.
The B. F... "Protetilans" for Faci-
Ao Ports left Deba on Nov. 11 for this port and is due here to-day.
The A. O. I. «h. "Pres. McKinley
which is due bare on Nov. 18, arrived at Kobe un Nov. 11. She`curries heavy mail for Hongkong.
3 p.m.
VOTING CONTEST.
OUR $50 PRIZE. POPULAR CHRISTIAN - NAMES.
What are the most popular Christian names ? This week we give the first list-twenty boys' names. Write them out in their correct order ́and win our $50 prize. Other lists will follow each week, including girls' names, After these liata have all been decided, still further contesta will be held to decide the finals. For each event every week "we will give our usual $50 prize. Someone must win! Why not you?
Twenty Christiana. namės ir given · below. Select the ten consider the most popular and waits them ont in this order at your sholon. Then cut the form out and send it to the "China Mall” 'ozion marked "Tote.""
The list which comes sexrect the scrrect solution will win the prise." The corrmek sólátlan will be decided by the ganarxi voća, the Įžam politag the xanei “rotas bứng plaand fish, the maʼsirning next balig placed second and so on muill-
tha-lint of tàn le sõrmplated. 20
Therefore the secret of the contack is Not to select the ten most popular Items in alphabetical order from our list, But to select the ten most popular names from our list and judge what place each individually will occupy-which will come first, which second, and so on until all ten have" been placed.
The contest lauta from Monday to Saturday. The result will be announced In the "China Mall" on the succeeding Wednesday, when the winner's name will be pubikhed along with the sorrect llat,
Kvary, ropy of the "China Mall" contains one furra, giving the reader one try for the price. Regular readers thus hars not Imam than six tries in one week. Compelliers may send in as many forma as they 116.**
Farms should be sent In to reach the “Chias Mull" by Monday. Any formą.
- rocalred by the “China Mafi'' Iaine than Monday will be discounted.
When making your cholos use only the 'words given below. Any forms wrongly marked, mutilated, or indletinally written will be ruled out.
The decision of the Editor upon any points which may arise shall be final. Members of the “China Mall" staff are debarred from entering the contest.
MAKE YOUR CHOICE HERE
Below we give twenty Christian names, Select the ten you think the most popular.
Alfred ... Alexander Augustus
Bernard Christopher <
Cuthbert
•
1...
2...
3...
.4...
5...
6...
T
Donald
8...
Edmund
9...
Erie
10....
Frank
11...
Gerald
12...
Gregory
13...
Horace
14...
Jack
15...
Kenneth
En
16...
Michael
17...
Owen
18...
Percy
19...
Ralph
20.....
Robert
p.m. the moorings of the when it was noticed that the No. 4 entity or abandoned altogether?" 'Montrose "
were strengthened signal had replaced the No. Mr. Heun Collins said that other and all practical steps taken to wise a great burden would be secure her alongside the pier in signal the "Montrose" would placed on literary men.
order to prevent her being carried have had an effective head of steam away by the wind and so damage up by the time the collision occur herself and other ships. At the ed. The" Montrose," however, he same time steam was ordered to be put it to the Court, had done no- raised, but the typhoon increased thing of what she should have done The P. & O. a. "Kaisar.I-Hind " left with such abnormal rapidity that it under the circumstances she was, Singapore for this port on Nov. 11 at struck her before this could be in fact, the only ship that 10 m. with the outward English Mails, accomplished and with such force did not have steam up and is due bere to marrow at about as in any case to have rendered The other side endeavoured to ker engines useless. When the justify the absence of steam by moorings began to give way the port putting it to the Court that steam had for this port on Nov. 13 at 3 p.2. The P. & 3.5. "Malwa" left Shang- anchor was dropped, the starboard would have been of no possible and is due hare on Nov. 16 at about anchor already being out When assistance to them and that the 7am. the anchors dragged, the cable was collision was an inevitable ac- The O.P.8., R.M.B. "Empress of paid out in order, if possible, to cident. The whole point, Mr. Canada" Capt. A d. Haley, L.N.B. enable the anchor to hold, but with- Potter argued, was whother under Commandar, will leave here for Victoria out effect, and the starboard side of the circumstances steam would and Vancouver, B.0. vis Shanghai the "Yuen Sang" collided with the have rendered the accident less (Woosung), Kobe and Yokohales at noon, starboard side of the "Montrose." probable and the only reasonable on Nov. 17. The "Yuen Sang" was in fault for reply to that was that had the The B. L... "Banlomond" from staying at her berth when the "Montrose" had steam up she Middlesbro, Antwerp, Leith and London fourth signal was hoisted, because would.
loft Hingapore for this port on Nov. 10 probably have
got and may be expected, to arrive here on cor the special character of the berth away. Counsel quoted several about Nor, 17, Mr. Barrington Ward: We say that the story is libellous
rendered it dangerous for her to authorities in support of his Reference is made to a dignitary
Mr. Justice McCardle: I am not remain.
The 'A.Q.L 28. “President Madison She was also at fault for contention that it was not, how mils from Manila at 5 pm. today of the Church who has been so sure of that. [To Mr. Barrington attempting to move away from the ever, necessary for the plaintiff to she is due bare at 6.30 am identified as being a dignitary of Ward. You do not suggest that wharf as she did just before the prove that, but that the onus was on Nor, 16, and will be despatched for the diocese of Gloucester. The there is some element of coarseness collision and those in charge of the the defendants to show that an Seattle and Victoria, vts Shanghai, story contains an elaborate account in the treatment of these episodes?" Yuen Sang" acted in an unseam effective head of steam would not Kobe and Yokohama at 10 am, on Nov. of the seduction of a young In my view Mr. McKenna has anlike manner and in violation of in any way have reduced the unmarried woman, This we cut treated them with restrained Article 29 of the regulations for possibility of an accident, out. It might do in a book, but Mr. delicacy.
preventing collisions. Mr. Barrington Ward: It is a
MOORINGS INSUFFICIENT / Cumnock says it is unfitted for a
MR. POTTER'S OPENING. newspaper, which differs from a very fine piece of writing.
Regarding the plaintiff's allega. book inasmuch as the newspaper
Yesterday in opening his case Mr. Justice McCardia: An ex-
Mr. Potter outlined the facts and tion that the moorings of the may get into the hands of the cellent piece of writing.
Montrose" were not sufficiently Mr. children, the maids, or visitors.
Ward said said the main point of his case was Barrington You ask for a book and can shut it he had a mass of evidence, that it was negligent on the part of strong Mr. Potter explained that it was considered the moorings were including an affidavit by one the "Montrose" to be without an Mr. Justice McCardie: It is a of the private secretaries of effective head of steam when the too short and too much "up and between the realistic the late Lord Northcliffe, showing No, I signal went up. He dweltat down." After the bowlines parted school and the journalistic school, that by long-established and well-considerable length on this point the stern lines should have been recognised custom the editor had and reviewed a good deal of the cast off in order to allow the ship the right to make alterations in evidence taken on commission in to swing to her anchors. Mr. Barrington Ward: We also matter submitted to him. Quite London. He stressed the point wish to cut out the episode of the apart from custom, the editor was that in Manila Mr. Prosser seduction of a young mother who entitled to cut out any possible cross-examined a witness for has a child three months old.
cause of offence to his readers so the plaints of the matter Mr. Justice McCardle: I see it long as he did not spoil the threads of regulations governing the con
The B. F... "Titan" left Liverpool At a'meeting in Petrograd of the; on Nov. 1 for Bingapore, Hongkong, is written with great power, great of the discourse.
måsters in times of art, and great realism. But it is a HIGH STANDARD OF THE PRESS, typhoons and produced a set of Soviet, Zinovicff announced that Shaeghel and Japan and is das hers on, point whether the editor is entitled Counsel read an affidavit by Mr. regulations that were a translation Levin now appears in almost or about Dec. 8. to say-apart from technicalities Richardson, of the Daily Telegraph, from the Spanish and did not normal health. The doctors guar "I will not publish it in the Referee, who said that Mr. Lloyd George | agree with the regulations printed anteed. complete. recovery of the although it may do for publication had written articles for that paper in English. He also remarked on use of the right leg, the power of which he had "cut," and others the fact that neither the captain Speech also returning. They could Henn Collins: If they which for political reasons he had nor the first officer of the Moun (said Zinovieff) be assured that the realise that they have made a bad refused to publish. Mr. Lloyd trose" had seen any regulations day when Lenin would resume the ing undelivered after to-day will be bargain that is no concern of Mr. George never complained. Mr. regarding typhoons at the time of conduct of State affairs was no subject to reat Agette, McKenna. They need not publish. Richardson said he had also. "cut"
tip.
question
GREAT POWER AND ART.
in book form.”
Mr.
a single word more of it, but they Mr. G. K. Chesterton.
are not entitled to alter it.
Mr. Justice McCardle: The
Mr. Justice McCardie: This is evidence shows me that the stand- not an action for defamation. It ard of the English Press is extra- seems to me that by cutting out ordinarily high. I had no idea these passages the defendants have that so rigid a censorship was not lessened the high literary merit exercised.
of the work.
The judge read the episode of the seduction of the young unmarried woman which had been omitted in the serial and of the seduction of the married woman which the Referee proposed to cat and observed: "The naturalistic details are the same.
The judge added that the pro- positions on both sides were se wide that a legal formula would have some day to be announced as to the rights of the author on the one hand and the protection of the newspaper publisher on the other. On the undertakings given by Mr.. Barrington. Ward that no further cuts" would be made beyond the
An affidavit by Mr. Cumnock was read in which he said that the re- details of the second seduction and ference to the dignitary of the that the Referes would announce Church was vulgar and offensive that it had made alterations and and a gross libel on a class for omissions in Mr. McKenna's work; whom he had a great respect. no order was made on the motion except that the costs be in the
LIFE AS IT IS,
Mr. Justice McCardio remarked action. that after people had been assidu-1 only desire, to add this," ously reading the story Sunday after said Mr. Justice MeCardio," that Sunday it would be difficult for the nothing which has taken place this Referee to leave it out altogether. morning in any way impair or "The passages seem to me, ho diminishes the high literary repute added, to be quite permissible. I tion of Mr. McKenna. On the other do not believe in culting truth from hand, I wish to express my view a novel at all. You are quite en that the editor of the Referéz has "titled to presentiife as it is and been guided solely by
not as you want it to be. But the honourable, and praisewor aditor may say, I have certam siderations.
duct of
SHIPBUILDERS.
(Proceeding.)
longer distant-iron stan
BHIP REPAIRERS. BOILERMAKERS, FORGE MASTERS, OXY-ACETYLENE, AND ELFOTRIO WELDERS. MECHANICAL, AND ELECTRICAL ENGINEERS.
18.
00
The OFS. EMS. "Empress of Russia left Vancouver for Hongkong via Japan ports, Shanghai and Manila Nov. 1and is dae here on Nov. 19.
**Calobas" left Livar- The B. F... " pool on Oct. 30 for Straits, Singapers, Hongkong, Shanghai and Japan and is das here on or about Nor. 24.
The B. F... "Theseus" Loft Liver 17 for Penang, Singapore. pool on Oct Hongkong, Shanghai and Japan and la das here on or about Nov. 36.
The B. F. ss. "Dardanus" loft Liver poel on Oct. 27 for Hongkong,
Bhangbai, Fara and Dalny and la due here on or about Nor, 97.
The 3.0.I am." Wheatland Moniana ' ailed from Beattie on Oct. 15 and is dus here on Dec. 1
CONSIGNERS' NOTICES.
All gooda per as. "Beumchr" romnia-
ston Co., Ltd"
OF HONGKONG, LIMITED.
TAIKOO DOCKYARD & ENGINEERING COMPANY
DBY DOOK
Living:
CUT THIS OUT
To the Editor
Sir,
China Mail, Hongkong, November 14, 1928.
Hongkong.
I consider the following the ten most popular Christian names from the above list, placed in the order in which I think they are liked best-
Please write clearly in block letters.
Nan
Address
Next Week Bo Names Second