LIBEL CASE APPEAL SUCCEEDS
AWARD OF DAMAGES QUASHED
In my judgment the learned trial judge was wrong in holding that the words "for a certain matter” are sufficient to put upon defendants the onus of proving affirmatively that dismissal was justified, remark- ed the Chief Justice, Sir Atholl Mac- Gregor, at the Supreme Court this morning, when the "Tai Chung Yat Po," represented by the Hon. Mr. Leo D'Almada, appealed against a judgment in a libel action by an ex-employee, Leung Kam-hoo, who had been awarded $200 damages by. Mr. Justice J. J. Hayden.
WITH THE VOLUNTEERS
THE CHINA MAIL, MARCH 22, 1937.
STOP PRESS
TEL. 20022 or 33993
"It's the wife's idea, Sir. She likes me better in this one.”
Mr. Justice Fraser, who sat as Wu Te-chen
an extra judge, concurred.
The Chief Justice said that dur-
ing the trial of the action, solici-To Become
tor for the plaintiff abandoned
a
claim for wrongful dismissal, and Governor Of
the sole issue therefore was whe ther the words complained of, as pleaded, constituted an actionable libel.
ABSENCE OF INNUENDO
Kwangtung
respondent.
Shanghai, To-day.
NEGRO OF 38 WEDS WHITE GIRL OF 14
America's rage at the child mar- riage scandal broke out anew with the announcement at Seattle that fourteen-year-old Delta Palmer has become the bride of John Me- nefield, aged. thirty-eight.
Anger grew with the news that Menefield is a negro-the girl of white.
Both the couple and the girl's
other,
of the wedding of nine-year-old Eunice Winstead, early this year, to 6ft twenty-two-year-old Charles Johns, of Sneedville, Tennessee.
GIRL'S HEROISM IN FIRE
A girl of 17. walked along the parapet of a seven-storey building at Cardiff Docks to seek help after her family had been trapped by fire.
The plaintiff has not pleaded any innuendo, and the words of the ad- The Central Government has de- vertisement therefore must be taken cided to appoint Mr. Wa Te-chen, in their ordinary accepted sense. at present Mayor of Greater These words are “is dismissed on ac- Shanghai, as the Governor of count of a certain matter." The Kwangtung to succeed the late parents have been detained by the Learned Trial Judge held of these General Huang Mu-sung.
police, as a false age was give for words in these terms, "I consider It is stated that the official ap-the girl at the marriage bureau. that these words in their plain and pointment will be announced by "Love is all that matters,” com- ordinary meaning are defamatory, the Executive Yuan to-day and that plained Delta's mother. and that a reasonable man reading Mr. Wu went to Nanking to "They have loved each these words would understand them receive instructions last mid-night and still love each other. Why spoil in a defamatory sense as casting an ). Mr. Wu Te-chen was the Com-their happiness?** imputation upon the plaintiff in his missioner of Police in Canton in Inspired by the campaign to ex- profession or calling of sports news 1925.
pose the scandal of child mar- correspondent of the newspaper in Mr. Sham Hsueh-lei, Secretary-riages, the women of America have question.”
general of the Kwangtung Pro- already begun a fight to change vincial Government, has been ap the laws of their country. Publication of the mere fact of pointed Officer Administering the Agitation started with the story dismissal may be defamatory in the Government pending the arrival of sense of being a reflection on the the new Governor. Our Own Cor ability of the person dismissed, but in the absence of any innuendo and of evidence supporting such innuendo I am unable to hold that the words "for a certain reason" in any way colour or intensify the allegation of dismissal. The plaintiff's remedy
Mr. and Mrs. Murray have three Two of the proudest people in children besides Grace. They are depends entirely on the pleadings on the allegations of dismissal That
London are Mr. and Mrs. Frederick aged eight, five and 18 months. A Fuller, of New York. At the Bri-grandfather, Mr. E. Lovering, also allegation, however, is admittedly
tish Industries Fair they spoke to lives with them. true. Its truth has been admitted
Shanghai, To-day. Queen Mary and were introduced Miss Murray said: "I was awa- from the outset for the first claim
Accompanied by his wife, the by her to the King and Queen and kened by smoke pouring into the on the writ is in respect of it. The British Consul General, Sir John the Duke and Duchess of Kent- truth of the libel complained of isBrenan, sailed yesterday afternoon
bedroom and saw flames licking Mr Faller was buying Sheffield the window. a complete answer, and in my judg-on the Empress of Canada for Lon-cutlery for his firm when Queen ment the Learned Trial Judge was don to take up his new post in the Mary noticed him and asked if he wrong in holding that in the ab- Foreign Office.
were buying múca. sence of innuendo pleaded, the words "for a certain matter" are sufficient in the Far Eastern Department of replied Mr. Fuller, jokingly. We tried to fight our way back, but
"More than I can really afford," to put upon the defendants the onus the Foreign Office in succession to Queen Mary, laughed, and intro- the staircase from the roof of proving affirmatively that dis-Sir J. T. Pratt Reuter. missal was justified.
This appeal must be allowed, with costs to the appellants here and in the Court below.
Reichstag Fire Trial Judge Dead
Berlin, To-day.
The death occurred here yester- day of Judge Wilhelm Buenger, who presided at the Reichstag fire trial Renter
SIR JOHN BRENAN
SAILS
China Adviser In Foreign Office
Sir John is to become Adviser
Acting Premier
Nanking. To-day.
QUEEN THRILLS AMERICANS
|duced Mr. and Mrs. Fuller.
The fire broke out in Cymric Buildings, one of the largest busin- ess premises in the commercial centre of the docks, and was dis- covered by Grace Murray, daughter of the caretakers, Mr. and Mrs. J. P. Murray, who occupy rooms at the top of the building
called my parents and then climbed out of the window along the parapet to the Cambrian Build- ings, where I awoke a Mrs. Carmel.
was
by
in bas-
full of smoke and we had to go "It was a tremendous surprise back." when Queen Mary spoke to us The children were rescued said Mr. Fuller, and we are both firemen, who lowered the just terribly thrilled about it all kets to the ground. The grand- Dr. Wang Chung-hui has been ap- At present Mrs. Fuller's hats still father was taken down the escape. pointed as the Acting Vice Presit her, but I guess when we get Mr. and Mrs. Murray climbed dent of the Executive Yuan during back to New York we'll both of safety over the roof. Dr. H. H. Kung'a mission to Lon-us have swelled-heads. don.
Our Own Correspon
Snatched Charity Collection Box
Mr. C. Mitchell, from Manila, and Miss E. W. M. Tilley, who arrived Miss in the Colony from the United tin States a few days ago, were marri sale: ed at St. John's Cathedral this Stephen
29,
Drizzle, Mist Or Fog
to
HITLER BOOK BANNED
Saw Hitler" by
(Mrs. janned
The Royal Observatory reports that the anti-cyclone has moved The book, eastward and pressure is now high-Miss Dorothy this fest Japan Forecast and Sinclair Lewis) Central S
moderate; cloudy with for an indefinite period by the Ger- from drizzle,
man Government.
aged 15, a eeds of the
ka-who has just Dajs, Hungary,
on Safariay
Printed rietors
The Rev. H. W. Bames Defendant was rema officiated at the c
Was
old 24 her
to the fac had never ridder in a
buted at she
ished for the
rprise
BA
Hong