TUESDAY, JULY 27, 1926,
PALM
BEACH SUITS.
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་
CHINESE LIBEL.
$1,098 DAMAGES FOR A PRINCIPAL..
NEWSPAPER "VERY INDISCREET."
Press,"
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THE CHINA MAIL.
to
As
seemed to him to be no libel, this head, namely that plaintiff, His lordship added that upon the while not divorced from his first evidence he would, If necessary, wife was living in sin, na it was be prepared
hold that called with his second wife. although the accounts were mud- he had no evidence of Chinese tow dled and very loosely kept thereof divorce and could not tell whe was, no proof whatever of mis- then the paper signed by the appropriation by the plaintiff. parties was good divorce or not The actual words of the fourth in China he was unable to come. charge, his lordship continued, to any satisfactory conchision on Although he found that the de- was that there was always a this point. He could, therefore, fendants had in some degree shortage, of teachers. This was only say that the allegation that justified their comments and that certainly not proved. His lord-plaintiff was living an immoral the plaintiff was in some matters) ship found in regard to this lite in living with his present wife In his lordship's very Indiscreet the Chief Justice charge (including in it the in-was not proved. Sir William Murison, on July 15 nuendo as to neglect) that there opinion the evidence did not awarded $4.000 damages, to Luwas no truth in it and that de justify the statement that the Shin Zee, principal of the Oversea fendants had failed to justify plaintiff freely indulged in the vice of lust. That the plaintiff Chinese High School in the action their charge.
was indiscreet was clear, and shay in which he claimed $10,000 dam-i "Drunkenness and Lust."
the lady was in his room later ages for libel from the editor and!
With regard to the charge of and more often than he admitted the proprietors of the "Lat Pas drunkenness the Chief Justice might possibly be trug. But most After restating the libel.com- said the evidence clearly proved of the witnesses were obviously plained of, which consisted of a that the plaintiff was under the hostile and, apart from that, not manifesto by the students of the influence of drink upon the night very reliable, and, further, there School, and the finding of the in question, but proof of that on was not a single suggestion of Committee, the Chief Justice said he occasion only was far from misconduct. He found, upon the being a justification of statement whole, that the charge that the the actual allegations printed that plaintiff freely indulged in plaintif freely indulged in the defendants against the plaintif
Although vice of lust was not proved. The could be conveniently reduced to the vice of drinking. seven heads:That the plaintiff plaintiff's life from 1012 to 1926 seventh and last charge was only ewing to his many misconducts in had been brought into the lime a general statemen: covering the High there had not been the slight particular charges preceding it, Peking (having been in prison) had been attacked by the com- est suggestion that plaintiff was and he thought he need not give munity there and therefore had ever under the influence of drink any finding upon it inasmuch as other occasion. The the findings upon the previous absconded to the South; that upon any there was no evil that he had not words used in fact suggested to charges, covered it.
him and would suggest. he done; that plaintiff misappro-thought, to any ordinary member priated some $2.000 of the money of the public, that the plaintiff belonging to the school; that WIKS a habitual drunkard or at there had always been a shortage least something very like it. On of teachers (the innuendo herehe evidence he had no hesitation being that the plaintiff either was in saying that the charge was reputation had been injured. at fault or profited by the short-
untrue.. The words under this Daranges, however, wore assess-
able upon the whole case. age); that he freely indulged in head were therefore, in his opin- the vice of drinking; that he free ly indulged in the vice of lust, and that before his marriage hel
*Mitigation of Dumages,
proceeded, that in consequence of rash and antrue statements made: by the defendants, the plaintiff's
It was clear the Chief Justice
In
on, defamatory and had not been mitigation of damages, he found
justified.
디
1
that defendants were not actuated,
con-
not
On the sixth charge his lord-by malice; that defendants had brought his fiancée to his bedroom ship said, that the statement of stified in some "degree; and that | and neglected school functions: that his Character was depraved. Paintiff's first wife was relled the plaintiff who, in his position as Principal, should have been upon as proof that plaintiff led a that he was a disgrace to the fast life in Peking. She was;duct, was in some matters very in-
meticulously careful in his pupils and that he was a man of however, clearly a prejudiced and discreet and went far to provoke fallen character. The defence.rather bitter witness and he was the hostile comments published by said his lordship, was that they not disposed to rely very much defendants; nor was any special were true and that the words her evidence. In his lordship's damage pleaded and it was were published as fair comment opinion so far as the charge con apparent that plaintiff would lose that is, comment without malice cerned the life of the plaintiff be- his position as a result of the
with a view to giving public in fore he came to Singapore there formation on a subjecs of public was no proof that the words used action. These considerations must. interest. Speaking as a juryman were trie. Tel. Kowloon. No. $
he thought, materially diminish The other and more the amount of damages recover- his lordship said he was not satis-serious allegation was that plain- Table and the amount claimed in fied that there was enough evid-tiff's fiancee used to come to his the writ ($10,000) was ence to justify a finding of malice: room in the High School and stay the demeanour of the editor in the withesa box weighing a good deal with him in this decision.
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His lordship also held that the conduct of the plaintiff was a mat ter of public interest.
A Common-Sense View. Holding that, while there might be some slight justification for saying plaintiff was imprisoned, there-was-none-for-saying-that-he- was attacked by the community or that he absconded to the South, his lordship said the common- sense view of this seemed to be that there was something corres- ponding to a University rag and that the plaintiff was awarded a more or less nominal sentence. So far as the statement went that he was imprisoned for "various misconducts" it seemed to be very barely true and likely to convey a very wrong impression; while, so far as it charged plaintiff with being attacked by the community and absconding to the South,
with him in the room till late at night. There had been no allegations of misconduct during any of there visits nor had he in terms been asked to assume it, A further point was made under
THIS JOLLY LITTLE CHAP LIVES IN PEKING.
Made Healthy, Plump and Happy By BABY'S OWN TABLETS.
there was no evidence of any such He Is Another of the Many Babes personal attack and no' evidence to connect his subsequent voyage to Japan with the disturbance or the result of it. With regard to the second charge that "there is no evil that he has not done" his lord ship said he thought his proper course was to treat the charge as mere vulgar abuse which added nothing to the charges.
"Feeling extremely grateful for what Baby's Own Tablets have done for my child I take pleasure in sending you his portrait," writes Mr. Yu Toz Heng, of 4 Tn-Sze-Yen-Tsing Road, Peking, China, and his letter written in Chinese, goes on as follows:- ***Three months after birth my child Dealing with the third charge fe with croup and other ailments, that the plaintiff misappropriated Although doctors were consalted none some $2.000 of the money belong preser bed a table remedy. Later
friend's advice Dr.
administered ing to the school the Chief Justice
by's Own * Baby's
Tablets to my little son. said it was clearly proved that the and by their aid he got completely President (Mr- Tanahered Day by day since then the chile kee) authorised plaintiff to has gained weight and now is very conduct the preparatory class plump instead of thin as before." and,
Buby's Own Tablets
med
Arc
for
i
he
thought, a very generous estimate on the plaintiff's part. Taking the whole circumstances of the weighing them to the best of his case into consideration
and ability as a juryman, he assessed the damage to the plaintiff's re- putation at $4,000.
Judgment for this amount was entered against, the defendants severally and jointly.-S.F.P.
SUN'S PHASES.
Calendar for July.
Sunrise and Sunset in Hongkong for July, 1926. (Standard Time of the 120th Meridian, East of Green- wich). Date.
Sunrise.
Sunset
July
37
5.52
7.06
"
23
6.62
✔
7.06 »
29. 5.53
*7.06
30
5.53
7.05
31
5.54
7.05
در
Flapper. Is this the informa-
tion bureau ?**
"Yes, what do you want?" "Is my hat on straight
How Crewds Gather.-4 steeple-| Jack was working industriously on repairs to a church #pire a good distance above the street. A' small boy was the first to see him und stood gazing sideware with a rupt "expression. Soon an elderly man
An stopped to watch the feat. other passer-by joined the two, and mother and another came along uni amalized crowd-was blocking the pavement, while the steeplejack continued his work in xnorance of the interes he was
(19 ΠΟ objection or an absolutely pure and safe comment was" made by the treatment of infantile indigestion, creating. The small boy begun to
seething troubles and
Finally he turned to the crowd
"It
He ain't
the rest of the Committee, who constipation, colic, wind, diarrhoea, get restless. certainly knew of its existence, croup, calda, cetning sells them, or un disgusted tone said: it must be taken that the Compost free, 60 cents the vial, from Dr.
warms. mittée also authorised the con- Williams' Medicine Co., 60 Kiangse ain't no use waitin." duct of the class. There thus Road, Shanghai
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