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AMERICA'S LEADING
LOVE TEAM IN THE
COMEDY HIT OF 1938
ADOLPH ZUESE PELLENTE
Claudette COLBERT Gary COOPER “BLUEBEARD'S EIGHTH WIFE"
EDWARD EVERÉTT NORTON • BATID NIVEN - ELAMEER PATHIZING - HENNAR DONE
ACTED IT ERNST LUBITSCH
A PARAMOUNT : PICTURE
THE CHINA`MAIL, DECEMBER 16, 1938
JOCKEY CLUB CHAIRMAN GIVES EVIDENCE IN BRAYFIELD LIBEL SUIT
EVIDENCE BY MR. T. E. PEARCE WAS GIVEN IN THE SUPREME COURT THIS MORNING BEFORE THE ACTING CHIEF JUSTICE, WHEN. THE BRAYFIELD LIBEL CASE WAS CONTINUED.
Mr. T. H. G. Brayfield, marine tra feed provided by myself and there
cannot be any more excess fodder." surveyor and race-horse owner, "Would not that be the reasonable is suing the Hong Kong Jockey attitude? Is it not an extraordinary Club, for unstipulated damages thing that that vital fact which could for libel, arising from the post-have been investigated nine months ago has been locked in his breast as ing of his name as a defaulter.
far as the plaintiff is concerned until he came to Court?
The following are the Special Jury: Messrs. J. Fleming (Foreman) R. M. McLay, C. Champkin, T. B. Wilson, Lo Yuk-tong, I. H. Geare and L. Dunbar. Mr. Eldon Potter, K.C., and Mr. H. G. Sheldon, K.C., instructed by Mr. G. G. N. Tinson, are for the Jockey Club. Mr. H. C. Macnamara, instructed by Mr. G. S. Hugh-Jones, represents Mr. Brayfield.
Mr. Potter said five or six witnesses would be called for the Jockey Club.
"I propose to discuss the policy and conduct of the Jockey Club since they have a very relative bearing on the issue.
"The Club is an institution which gives a great deal of pleasure and re- creation and possibly some profit-to a great number of people of all na- tionalities.
"It is in no sense a profit-making concern: its very Articles of Memoran- dum forbid that a single penny of pro- fits be distributed to members.
GRATUITOUS SERVICE "These profits are used to foster racing and subscribing very largely to charity. It is true that the Club is a company incorporated in law but that is merely for the purpose of legal convenience. It is really an associa- tion of people who either race or are interested in racing.
.
Mr. T. E. Pearce, in the witness- box, said he was Chairman of the Stewards and a member of the the Stables - Sub-committee. In 1934 Jockey Club was running at loss about $30,000.
a
In November, 1934, an inquiry was made into the feeding of ponies and following the advice of Major Hogg, supplies of forage to ponies was limited to 13 pounds per day per pony. Prior to this, forage supplies were unlimited.
He first heard of plaintiff's objec- tion on March 19 when he received plaintiff's letter through Mr. Johnston, former Chairman of the Stewards.
On March 16, he saw plaintiffat the Race Meeting and spoke to him. He did not demand that plaintiff should pay the amount. He did not speak in an irascrible manner. He spoke to plaintiff in a friendly spirit in an attempt to solve the difficulty. that Plaintiff, however, maintained
not what the trainer had said was sufficient proof.
•
Witness made another attempt to resume the subject with plaintiff, to try and settle the matter, but unsuccessful.
W18
Questioned by Mr. Sheldon, witness said that the usual procedure was to "As you know, the Club is govern-send out circulars for the stewards to a member was to be ed and controlled and, to a great ex-decide whether tent managed, by local gentlemen who posted. The fact that the outstanding gratuitiously give their time and ser- vices.
"Their one job, I submit, is to see that the Club is carried on in the best interests of the members."
"I shall state as firmly and strongly as I can and I hope in no exaggerat- ed language-that the conduct of the plaintiff in respect of this matter has fallen far below the standard which can reasonably be expected.
"In that regard I would remind you at the outset that Mr. Brayfield's let- ter of March 19 said I decline to pay until substantial proof is made to me that my ponies consumed this excess fodder."
sum
was in dispute prevented them from posting plaintiff earlier which in otherwise would have been done April.
It
Plaintiff was not posted until every available and possible means to solve the difficulty had been exhausted:
refused was not until plaintiff twice to pay the amount that the Stewards defaulter. decided to post him as a Plaintiff did not reply to the last re- quest, made in writing, on March 22.
Mr. Sheldon: "What was the opin- ion of the Stewards-that money was due and owing?"—"Yes."
"Did you
ever hear Mr. Brayfield question the system of feeding?" "No."
"He admits that the only substan- tial proof that can be produced is the "Did he ever make any suggestions?" statement of his own trainer which,"Mr. Brayfield wanted to have fod- basins measured, but this was to my mind, puts an end to this case der for all practical purposes.
impracticable." "EXTRAORDINARY THING". Cross-examined by Mr. Macnamara, "Why did he not, as a reasonable witness replied that all the Stewards forage had been man who owed a debt to the Jockey agreed that extra
The Club and especially in his capacity as consumed by plaintiff's ponies.
the statement an owner-member, go to the Jockey actual evidence was Club and say, 'Gentlemen, there is some from the trainer, To Kau-po, convey- unhappy mistake here. I have beened to the Stewards through the as-
(Continued on Fage 20)
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