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83. Wong Nei Chung Hond, ilappy Valley.
China Mail
EST
BLISHED
\1946
No. 25819 HONG KONG, THURSDAY, MARCH 15, 1928.
NEWSPAPER LIBEL CASE.
HAYNES v. BURNETT.
"NO CASE TO ANSWER.”
Judge Says A Lot Made Out Of Little.
WORDS "HAYNES DISCHARGED" HELD NOT DEFAMATORY.
Agreeing with counsel for the defendant that there was no cuse to answer, His Honour Mr. Justice J. R. Wood, Puisne Judge, this morning in the Summary Court gave judgment with costs for Mr. G. W. C. Burnett, managing editor of the "China Mail," against whom L. E. Haynes brought an action for alleged libel, claiming $1,000 damages.
Plaintiff appeared in person and defendant was represented by: Mr. C. G. Alabaster, K.C., instructed by Mr. A. el Arculli.
Haynes, in the course of his address, alleged on the part of the "China Mail" malice, deliberate attacks and persecution, and said he was not bringing the action for pecuniary reward but to fight "Kaiserism."
When His Lordship intimated that there was no case Haynes said that the best thing for a man like himself to do was to throw himself into the harbour.
Mr. 0. T. Breakspear, editor of the "Daily Press" (under sub- poena) and Mr. J. T. Dobbie, an ex-employee of the "Chinn Mail," gave evidence on behalf of Haynes.
Delivering judgment His Lordship said that the words com plained of, "Haynes Discharged," were not defamatory nor could be, said to have that interpretation. He considered that an at- tempt had been made to make a lot out of little.
ci THE BEST THING THE HARBOUR.”
TOURISTS' PANIC.
Fire on Luxor Train- de-Luxe.
LADIES' SPARSE ATTIRE.
Kodak Millionaire's Hurried Departure.
Cairo, Yesterday.
Strange scenes accompanied the
LONDON'S WELCOME.
Afghan Royalty At The Guildhall.
LORD MAYOR'S FUNCTION.
Strengthening Bonds Of Two Countries,
King
London, Yesterday. Amanullah and Queen
PRICE, $3.00 Per Month.
CUP SEMI-FINALS.
Scottish Soccer Draw
Result.
VENUES OF TWO MATCHES.
One Each At Glasgow And Edinburgh.
London, Yesterday. The draw for the Scottish Foot- belated arrival from Luxor of a Souriya of Afghanistan had a ball Association Cup semi-finals (to train de luxe crowded chiefly with wonderful welcome from the City of be played on March 24) was made American tourists who rushed, clad London to-day when they were to-day and resulted as follows:—***** in pyjamas or borrowed clothing, to guests of the Lord Mayor and Cor- catch a special train for Alexandria poration at the Guildhall. and board the "White Star" liner.
The Kodak millionaire, Mr. East- may, drove from a hotel clad in a pyjama jacket and sergo trousers. concealed the Lady. passengers aparacness of their attire beneath cloaks.
Startled From Sleep.
The reason was that a fire oc- curred en route, attributed to the overheating of an axle, which spread ultimately to and destroyed two sleeping-coaches.
Passengers were awakened from sleep precipitately and escaped, abandoning clothes and valuables.
There were no casualties, except cuts and bruises.
The engine-driver, on observing the flames, stopped the train at Minich.-Reuter.
NEW YORK ROW
ARRIVAL OF HUNGARIAN DELEGATES.
MISTAKE ABOUT A "BOMB."
Driving from Buckingham Palace with an escort of Life Guards, they were cheered all the way to the Guildhall by considerable crowds; | King Amanullah saluted in acknow ledgment while Queen Sourlya smiled happily.
The distinguished assemblage was gathered in the library of the
REDS IN JAPAN.
Round Up At Tokyo.
-Tokyo, To-day. About 100 Communists were rounded up shortly after mid- night as the result of investiga- tions which the police have been. conducting since the Elections last month.
Handbills atacking the present form of Government have been discovered in various parts of the country. Reuter.
and
Hibernian V. Hangers, at Tynecastle Park, Edinburgh, the ground of Heart of Midlothian
F.C.
Celtic v. Queen's Park, at Ibrox] Park, Glasgow, the ground of Rangers F.C
-Reuter.
[Note: Celtic are holders. All four semi-finalists have won the trophy before, Celtic 12 times, Queen's Park 9 times in the early days, Rangers and Hibernians once each.]
Other football on page 9.
EAST AND FAR EAST.
SYSTEM OF LICENSED HOUSES.
INQUIRY TO EXTEND.
***
"Geneva, "Yesterday.
**Your Eyes' Are Safe With Us,"
N. LAZARUS
Hong Kong's Only European Optician.
(Established Over Forty Years). Manager:-RALPH A. COOPER, M.A.O.A., Registered Optometrist by Canadian Govt. Exam.
(Personal Attention).
NANKING OUTRAGE.
REDUCTION IN DEMANDS?
A CHANGE OF VIEW.
Result of Canton And Shanghai Conferences.
BRITAIN, PRIME MOVER, IN TOUCH WITH THE POWERS.
Reuter learns that Britain and other Powers are prepared to reduce, the demands presented to the Nanking Nationalist Gov- ernment in 1927 in consequence of the Nanking anti-foreign out- rages.
It is felt that the situation has changed, in view of the fact that the outrages were undoubtedly engineered by the Bolshevik element which has now been expelled from control of Chinese affairs. The change in view is the result of conferences at Canton between Sir Miles Lampson, the British Minister, and Marshal Li Chai-sum, Chairman of the Canton Government,, and Sir. Miles's conversation with Mr. Huang Fu, the Nationalist Foreign Minister at Shanghai.
There are no indications of the exact nature of these discussions but it is understood that Britain is keeping the Powers concerned fully informed of the progress of the discussions.
Conversations with the Nationalist authorities are also proceed- ing through the British. Consul-General at Nanking.,
NEGOTIATIONS WITH NATIONALISTS.
iper
had reached
The Advisory Committee of Mr. W. M. Hewlett, C.M.G., is the Nemoto (Japanese), Police the League of Nations on traffic acting, British Consul-General, at intendent Mori (Japanese), and in women and children has decid- Nanking, according to the latest Miss Anna Moffatt (Frei terina ed in principle to extend the in-official information.
Mission) were wounded. Several New York, Yesterday.
quiry of the special body of ex- The announcement that Sir Miles foreign, women were subjected to There was considerable dis- Guildhall. It included Sir Austen perts to 'countries in the East and Lampson had conversed with Mar- the grossest indignities. Looting order when a crowd of three- Chamberlain (Foreign Secretary) Far East. The matter will be shal Li Chai-sum and the Nan- and attacks. on foreigners continued thousand people on the water- and other members of the Govern-reconsidered at the next session king Nationalists on the subject of throughout the day and it was not Haynes, in opening his case, but by Mr. Dobbie. Mr. Burnett front awaited the arrival of 672 ment. Admiral Madden and Field- when it may be thought possible last year's incident at Nanking untfi a party from the American
Consulate which Milne, Mr. Ramany to make definite recommenda- comes as a total surprise. gave details of his former activi refused to pay him and a writ Hungarian delegates to partici- Marshal
commencing when he was was served for the amount claim-pate in the unveiling of a memor- Macdonald (the Labour leader), the enlists the assistance of members of the 6th Nationalist Army, was in signalled for assistance from the tions. Meanwhile, the Committee General Cheng Chien, commander Socony Hill, in sight of the River, ial to the Hungarian national Archbishop of Canterbury twenty-two years of age and act-jed.
From that moment, said hero, Kossuth.
蟹 prominent representatives of all and voluntary societies represent-charge when the Nationalists cap. foreign warships, that action, was ing as Secretary to a Campany inj
A flashlight London. His father put £2,000 Haynes, Mr. Burnett appeared to
photo
was spheres of civic lite; many were ed in the draft of the British re- tured Nanking from the Peking taken by H.M.S. "Emerald" and the crowd into this concern so that Haynes have deliberately set out to at-taken but
thought accompanied by the ladies, as
solution and earnestly hopes. that garrison on March 28, 1927. the U.S.S. "Non" and "Preston." -- the Governments of all countries Armed hordes made for the Con- could secure the position. Upon tack him (Haynes).
that a bomb had exploded. Re- Trumpets and Drums.
Powers' Notes. which retain the system of licens-sulates, foreign firms and residences volvers were fired but there were
The arrival of the Afghan Kinged houses will investigate the and missionary-institutions imme-Chiang Kai-shek of the "Deplorable Escapade." discovering that the firm was
Notes were presented to General bogus ane, he resigned and eight| Haynes then gave a version of no casualties.
was announced to the assembly by
Nanking months later, whilst with his the Christie proceedings at the The police dispersed the crowd a fanfare of trumpets and the question without delay.
Nationalist Government and Mr. escorted the delegates to rattle of drums. Their Majesties fact that twenty-three out of
The Casualties. people in South Devon, he was ar- Magistracy and referred to "China and
Eugene. Chen of the Hankow Na- rested on a charge of conspiracy: Mail" reports of the case, remark their hotel, which was guarded were greeted by the Lord Mayor forty-two countries, members of
In the course of the day, the fol-tienalist Government by represen One of the Directors committed ing that the defending solicitor to prevent disturbances by the and Lady Mayoress, the latter pre-non-Members of the League,
lowing were murdered:-
tatives of Britain, United States, suicide and the others were sent considered it his business to "un: "Hungarian Liberals," who are senting a bouquet to Queen Souriya. have abolished licensed houses:
Dr. J. E. Williams (Vice-Presi-Japan, France and Italy, asking to penal servitude. Haynes was ravel a rather deplorable escapade bitter opponents of the present
dent of Nanking University), an for nineteen countries have retained
American; Mr. Huber (Harbour American Service.
and members of the Legation, Committee. The opinion is that Dr. L. S. Smith (medical, practi- Field-Marshal Viscount Allenby this system is doorned to disap- tioneer), British; a French priest; commanders of the troops respon.. and the British officers attendant on pear in time.-Reuter. the Afghan King preceded the Duke and, Duchess of York and Princess Arthur of Connaught.
1
The Aldermen and Sheriffs in
The Committee has noted the
diately they entered
sentenced to six-months' impri-of mine in 1922. From my point regime in Hungary, Reuter's their robes; the Afghan. Minister them under the regulations of the Master of the Customs), British;
sonment in the second division. of view this meant that my four He appealed and although Mr. years' work of rehabilitation Cecil Whitley was successful in crashed to the ground in one getting the sentence antedated to stroke."
PRINCESS MARY.^
ARRIVES IN EGYPT ON HOLIDAY.
the time of his (Haynes) arrest, At this point Haynes was told the conviction could not be remov-by His Lordship not to touch on ed.
matters entirely outside the writ, Indignation. Haynes went on to say that many a young man in his position, Haynes then said he started in
Cairo, Yesterday. under such circumstances, would business as the South China Princess
Lord Mary and have taken the first boat to Trade Protection Association, Lascelles have arrived and were Canada, Australia or some place gave an account of the Law So- cordially welcome. They motored where he was unknown and com-ciety suit against himself and an-to the Residency with Lord and mence again. But he did not do other at the Magistracy and then Lady Lloyd and go to Khartum that.. He had been in China, expressed indignation at the on Friday; they return to Cairo liked China and was determined poster which met his eye directly on March 31.-Reuter.
was concluded. This to go back and clear his name. He the case did so,
Arrives in Hong Kong.. Then Haynes gave an account
said "in tremendous block capi-
tals" "Haynes Discharged."
half
and
years' experience had known Haynes twelve or thir- teen years.
Plaintiff then referred to the was a newspaper editor by profes- of his activities as a member of report of the case as it appeared sion but at present unemployed. in the "China Mail" on the date He had had twenty-nine and a the staff of the "Mercury" in in question (February 8). Shanghai. Here, he said, he quar-
His Lordship: You say you relled with the Directors and left have actually suffered damage after nearly three years and then by this report-have been held up became night editor of Reuters to public ridicule have lost em- where he remained six months.
ployment? He resigned on his own account
Fighting "Kaiserism." Haynes: No. Nothing of that On September 1, 1926, he said, type has happened.
I am not he arrived in Hong Kong. He in!
seeking damages on that point at terviewed Mr. Burnett, who gave all. I am merely fighting Kaiser- him a job "on the spot."
fism.
This closed Haynes opening re-
as he did not like night work.
"I got on very well except with one member of his staff with marks. whom I worked some years ago in the Malay States und à break came so I gave him notice and I left on February 28.*
Editor's Evidence.
..
as
Then
Visitors Impressed.
of
came the Queen Afghanistan and the Lord Mayor,
JAIL FOR LIFE.
Sequel To Attempted Murder At Singapore.
A CANTONESE COMMUNIST.
Singapore. Yesterday.
The Chinese Communist, Cheong Yok-kai, was sentenced to impri- sonment for life in connection with the wounding of Dr. Lim Boon- keng-Reuter,
Cheng is believed to be a Can-- tonese, When DE C. C. Wu, Mr. Sun Fo and Mr. Eu Han-min (the er-Nationalist Kinisters), with their staffs, attended a function at Singapore on the way to Europe, an attempt was made on their Ilves but only Dr. Lim, ex-prost- dent of Amoy University, who was one of the hosts, was injured. Before leaving Singapore, Dr. C. C. Wu, mude a request for lent- ency. The prisoner made a con- fession.
and an Italian priest.
"Prompt settlement
"Adequate punishment of the
sible for the murders, personal in- A British bluejacket was killed Juries and indignities and mate- rial damage done, as also of all per- by a sniper's bullet.
song found to be implicated.
Mr. Bertram Giles (British our Consul-General), Captain Spear. (British Intelligence Officer), Major
tries and more thorough inter
of ideas. between change peoples may result in increased prosperity and enhanced happiness to both."
Thus interpreted, and the address was handed to the King in a gold casket.
་
SHOTS IN PARIS.
MYSTERIOUS MURDER OF A FASCIST,
A POLITICAL MOTIVE?
Paris, Yesterday.
*Further Action”? "Apology in writing by the Com- mander-in-Chief of the Nationalist Armies including an express written undertaking to refrain from ail forms of violence, and agitation against foreign lives and property. "Complete reparation of per- sonal Injuries and material damage done.
The King's Reply. King Amanullah -rose to reply amid loud cheers. He thanked the
"Unless the Nationalist author- citizens of London for their warm
ities demonstrate to the satisfac- welcome and declared that "the
tion of the interested Govern- friendly relations existing between His Britannic Majesty and myself While the Italian Fascist, ments their intention to comply should be a great factor in future Savorelli, was visiting Paris and promptly with these terms the said Governments will find them- political and commercial relations lunching with friends in their between the British and Afghan flat, the telephone bell rang and selves compelled to take such nations and assure me of promotion an enquiry was made if he was measures as they consider appro-
An affirmative reply was priate." of natural relations between the there. two countries in conformity with given and the unknown enquirer
Mr. Eugene Chen replied then rang off. mutual wishce."
Shortly after-length at each note but General door bell The procession was again formed wards,
rang: Chiang Kai-shek did not reply.
and and the Royal visitors were con- Savorelli opened the door ducted the banqueting hall where three revolver shots rang out. magnificent decorations and the The door was slammed. The glitter of the City's famous, gold friends rushed out and found their guest lying dead. The murderer plate presented a dazzling scene.
had fled. The police theory is To-night Sir Austen Chamberlain that political vengeance was the were already discussing the further gave a dinner at the Foreign Office motive.-Reuter. In honour of King Amanullah.
Foreign Office Dinner,
and the guests included the premier,
the
་
P
Subsequent Developments.
1
at
On May 9, 1927, Sir. Austen Chamberlain informed the House
of Commons that
The five Governments
action to be taken in view of the unsatisfactory nature of Mr Chen's
On Saturday, December 11 last, he was on the staff of the "China Mail" and "Sunday Herald" and on that day Haynes covered the engagements he had outlined. On the following Monday there was an interview between witness and the defendant at which the latter said he refused to pay Haynes for the work done, observing that, he (witness) had engaged Haynes, he must be expected to Mr. Oliver Thomas Breakspear, pay. On that day (December 11) editor of the "Hong Kong Daily Haynes had worked for practical followed by King Amanullah and The Prince of Wales was present SIMON COMMISSION. reply, when events took place in
the Yangtaze region which have en Press." subpoenaed by plaintiff, by seventeen consecutive hours. the Lady Mayores. At St. Joseph's.
tirely changed the position. . . . was shewn à copy of his paper on' Witness, in reply to further When the King and Queen enter-members of the Cabinet, Mr. Lloyd
Within four days after the date of Haynes, continuing, said he February 9 and asked if it made questions, said that the mattered the library, they were evidently George and Mr. Raasay Macdonald, took up a position as a resident any reference to Haynes being was eventually settled by the pay impressed by the scene--an ancient Liberal and Labour leaders, the
Mr. Chen's reply, that united Gov. ernment in South China (Le.. at master of St. Joseph's College. charged or discharged. Witness ment of $20 upon the condition hall glowing with the colour of the High Commissioners of Overseas
Lahore. Yesterday. Mr. Burnett and himself had part-replied in the affirmative.
that he would in no way suffer.
Hankow) no longer existed and Mr. The Junjab' Legislative Council Chen.... no longer spoke for ed on the best of terms. Nathing Haynes:. Oh. We will leave it On January 10 he was given no-robes of the "Cty Fathers" and Dominions, and high military off-
brilliant military uniforms., cers. There were no speeches but has passed a resolution pledging Nationallet China....? occurred until December, 13. at that.
Their Majesties were enthroned the usual toasts were honoured.- co-oporation with the Simon com-
General In reply to His Lordship,
Subsequently
Ching" Haynes then asked Mr. Break-]
Haynes: On what grounds? on either side of the Lord Mayer British Wirless Service.
mission. Haynes said he was doing nothing spear if he considered the "China
Chlen was also given command of His Lordship overruled the and Lady Mayores,, while members
London's Welcome..
The Opposition did not challenge the 16th and 18th Nationalist on that date. He was not on the Mail" poster consistent with jour-question, remarking that Mr. of the Royal Family occupied golden
London, Yesterday, a division. A motion to adjourn Armies. He is now one of the lead. staff but he contributed as a free nalistic ethics.
Dense overhead, fag plunged the the debate was defeated by 55 votes ers of the Nationalist forces in larice,
His Lordship: I do not think Dobbie's position was not involv-chair to the left.
whole of Central London in dark to 14. Coming to December 13, Mr. Breakspear can be called upon
Hunan,and Hupeh provinces. Haynes described his call upon to answer that. I think you must Mr. Burnett in reference to the leave that to me. question of remuneration for Cross-examined by Mr. Alabas- work done on the previous Satur-ter, Mr. Breakspear admitted that
day. Then, snid Haynes, he was the words "Mr. Blake prosecuted" at the Magistracy in the morn- appeared in the "Daily Press" re- ing, reported lawn bowls in the port and also that the expression afternoon and also reported the "Haynes Discharged" was used "Tung On" piracy for the "Sunday twice. Herald. Mr. Burnett disputed
Mr. J. T. Dobble.
the claim alleging that he was not. Mr. James Thomas Dobble, also
tice.
ed in the case.
·
..
PUNJAB COUNCIL PLEDGES CO-OPERATION.
Address of Welcome. Further questioned, Mr., Dobbie said he was present at the Magis the address welcome to their to rob of some of its splendour the the Government, moving the ap The Recorde of the City readiness this morning and threatened Sir Fazli Hussain, on behalf of
Chiang Kai-shek. tracy hearing of the Law Society Afghan Majesles, thanking them processional drive of the King and pointment of a committee to parti-
Nanking, Yesterday. Small batches of Nationalist action and did not hear the word for the honour of their visit which Queen of Afghanistan to the Guild cipate in the proposed joint free "Discharged", used.
illustrated "be friendly relations hall, where they were being enter- conference with the Simon com- troops have been moving in this Newspaper Reports. happily subsising between your tained at lunchcon by the Lord mission, said it would be elected at vicinity. Alabaster, Mr. Dobbie, admitted The addreas xpressed the hope
Cross-examined by Mr. Majesty and oir beloved Sovereign." Mayor of London.
the May session...
Generalissimo Chiang Kai-shek The weather, however, improved The opposition maintained that is due to leave Nanking to-morrow that he did not take any report that the bonds of peace and friend-later and large crowds lined the though in the minority a new party (Thursday) for his field head- of what occurred at the Magis ship might be strengthened still streets to see the zoyal - visitors would soon spring up which would quarters at Hauchowfu, in the tracy on that day.
further and that increased trade drive past. British Wireless Ser know how to win freedom, even by north of Klengsu province.-Br