JOHN HASTIE & CO., LTD. SHIPS STEERING GEAR,
ENGINEERING EQUIPMENT CO., LTD. HK. & Shanghai Bank Bldg. Tel. 27788
CHINA MAIL
King Case: Prosecution's "Impossible Task"
It was Mr d'Almada's impossible task of showing that the in- ferences he (Mr M. A. da Silva) had raised at an earlier hearing were improbable inferences before he could succeed in the Prosecution against J. J. O. King (the former Manager of G. Falconer and Co., Ltd, of Union Building), who is charged with fraudulent conversion, Mr Silva declared this morning, when he continued his submissions that the Defence had no
case to answer.
The hearing is before Mr Toon Yan-hoi in the Supreme Court Building. As all Courts in the Building were occupied this morning, the hearing took place in Mr Justice Scholes Chambers, which was thrown open for the purpose,
James Joseph Osbourne, different amounts and the suryand drew only for £700 as a King, a merchant, of 20 Braga rounding circumstances."
Circuit,
دا
accused of having take $0,305.94 for the use of his wife, Margaret, on Novem- ber 17, 1950, whilst a Director of Falconer's.
The Hon. Leo d'Alimuda. QC, and Mr A. J. Clifford are both for the Prosecution, instructed by Hastings and Company. Mr M. A. da Silva appears for the
Delence.
Resuming
anference i5 one
three
persons
Mr Silva then referred the Court to a passage in Wills on Circumstantial Evidence, and went on to say that if Holden came to give evidence on the
that would price
be, direct evidence, but if he did not do that, then the Court must rely on subsidiary facts,
go
convenient method (a) to pay u secret commission to Margaret King (Inference No. 4) or (u) to pay a secret commission to Jimmy King (Inference No. 8)?* Unless you show that is lin- possible, these subsidiary facts constitute not evidence at all and there is no case.
have
the
gone to
are So
Established. 1895
WEDNESDAY, OCTOBER 28, 1953.
SIDE GLANCES By Galbraith
Cor. 11 by WŁA Berrian, MA, T. Mag Fit oft.
"The boss's son has got another murder mystery to keep
im busy this afternoon-it sure would be a nice place
to work if he ran the firm."
Alleged Attempted
Murder
Editor On Grave Charge
SHEAFFERS
Shaip
JUDGE SUMS-UP IN LIBEL
ACTION
Skrip
JOHN CLARKE'S CASEBOOK
The Oldest Inhabitant
HERE is hardly any part
The action for alleged libel against the Tiger Standard Ltd reached its concluding stages at the Supreme Court this morning when T of London that does not the Trial Judge, Mr Justice A. D. Scholes summed from time to time appear to up the case to the Jury.
those who live there to be His Lordship said a libel war a false defama-more like a village than a and tory statement expressed or conveyed by written section of
sprawling city. or printed words in some prominent form, publish- A suburti on a Sunday morn- ed of and concerning plaintiff to a person other ing; the web of stroots around than the plaintiff without lawful justification or closed; Fleet Street late in the
excuse.
a vast
the Bank after offices havo
evening, all assume villago characteristics. Few people aro
It/was`necessary for the plaintiff in an action for libel or clander to show that the statement which he put, and those who are know complained of was made and published of and con- business. cerning himself and that it was defamåtory of the plaintiff himself within the meaning of the definition
asser
good
Anonymity and and men remember they are, neighbours of each other.
Plaintiff in the action is Mr to prove that the words werd The West-Et is Alfred's Dennis Victor, sole proprietor published falsely or maliciously village. of the Lido Dance Hall who had nor did he have to prove dame
WLONE clalmel
Special
damages for age. But of course he could a LTE was born-how many years loss of earnings at $836.02 per so to help the Jury to
H
ago not even he remembers diny
as a result of an alleged | the damage.
in one
of those, bind-alley The words complained "courts" that thread itbel published in the Hongkong
the back Standard on August 13, 1931. were deemed to be false unit strosta of theatreland This claim has since been with the contrary was proved, aimlessly as country Jones. drawn from the Jury by the added.
Alfred has never moved from Judge who hold there was no A plaintif had to prove that case to go to the Jury on the the publication of the works the West End since, and for the complained of to a third periha past 40 years he and his wife
have mate their home in Tiger or other people were defamatory
a few single room Standard Lid., newspaper pro- of him and that defendants from where has born.
reets oway raised
family who one
themselves and
Bre
the
a
action of the case,
Defendants
prietors and publishers of 179 | were responsible for publica- Wanchal Road and the Sing Taotion. That had Jih Pao, printers, of the sums in a libel action unless it was by one, as they grew old enough, address.
admitted; in the present case
.
to bo
eprived
They
struck out for
which constitute circumstantial "If these subsidiary facts
GOES BY BOARD
evidence may point in one light
"Question No. 4. If you are address, Mr to £700 being him
the true con convinced, 43 you must be Silva sold: "At this stage, Sir. tractual price I would like to remind your c price, which is Fact say, that Ipektjians attempted to Worship of my seven inferences. XI, or may point in mother make a secret profit on There was an eighth inference, light to £1.100 being the true Arcus deal or that ijckdjians price, Fontmetunt
which is a
is had fraudulently converted con- this on being in favour of the
cealed profita on the Bulova I do not say that l'act X2-Fnet X2 being consis ceal Proseculion.
that Ipekdilans all seven
and not transaction r very tent with innocence Inferences are probable. I emphasise the word guilt then with these two main had fraudulently converted profit
that inferences
should very. Inference No. 7 was the
in opposite pointing
thes subaudiary-Falconer's on the gold trans- one in which I said you could directions,
action or that Ipekdjians Bud infer it was a permitted course facts constitute no evidence at
made à secret profit of about 35 of conduct in the relations bel
cent ότι the Esmerian these tween
"They constitule just nothing Pr
platinum Jewelery, I would' (Seymour, Ipekdjian and King) mere cypher in evidential point out to you that there is no for anyone of them to use
use value--because the law does not Falconer's name, anance a deal permit you to pick and choose denial, no explanation, however wild. from Seymour of that LWO
probable
Mr John McNeill, QC, and keep the profits for himself. between
and defendants admitted that they got up homes of their own in you secret profit IP. would go so far as regards Inferences, X1 or X2, and to say convinced of these factors, then
Mr A. J. Clifford, both in published and printed the state- far-off places.
Alfred never felt the urge to ference No. 7 that the clearer which is the more probabic.
the Inference No. 7
to structed by Mr Alfred Y. Hon, ment in this case, and to the Charged with conspiracy "t of malicious
7 goes by this: My board and an overwhe
overwhelming case
obstruct or pervert public are appearing for the plaintiff, plaintiff did not have to prove visit them and he has lost track of their whereabouts. And now discrimination, but I say this as learned friend, Mr d'Almada, of malicious discrimination in
Justice, Kam Cheuk-ting, 44, Defendants are represented It. regards the remaining inferences must show for the Prosecution prosecuting King only and not
he is alone for three months ago THE BURDENS cable editor of the Wah Klu by the Hon. Leo d'Almada, that some, if not all, are over- that Fact X2, namely the true fpekdjiun or for that matter
LRI Fat, 20. welder. of 10 TAI
Yat Po, 104, Java Road, ground
Mr Charles Loseby, QC, and The burden was on the faintin his wife died. Nmg Street, first floor, charged with
SIMPLE · JOBS · whelmingly probable."
contractual price was
15 Seymour himself is made
all on the to establish the meaning of the the attested murder of two Chinete floor, and Au'
Tal Cheurig
Instructions of Mr B. inference from the surrounding on malicious abuse.
to stand trial at the Supreme Court Trade
Grist Company, of Wilkinson and
dos. The burden was on the single room, paying the is. "It I may
Import and Export give you a
sum circumstances.
by L. T. Morris at Central this These words
the weekly rent from fits old age 142,
In his summing up, his Lord defendants to show that Road, Central marised illustration thus: There i
Connaught morning. "If you find that these profita
not pension of 325., and passing his. Incom-
Div. Det-Inap, K. Bodie prosecuted, second floor, were remanded ship told the Jury that the first pama facie meaning was for use Improbable and two invoices, one
Det. Sub-Insp.
demmatory. Tfor seven daya by Mr Hin-shing thing he would like to say was whether the words complated cronies in the bustling Boho side- imo and hobnobbing with ola £1,100 and the other for £700,patible' come from Wills and are ware not secretly made by Ipek-assisted
djion, and If you find that he Chalmera, only
that they must Lo at Central this morning."
take fully into TRI Sul-ying tertified that at to bo not merely my words. Not The factual question
ow that had not appropriated Falconer's p.m. on August 22 she was in the
of were defamatory of plaintiff or streets where every day is It was alleged that between consideration all the points put not was a question of taxt entirely | market day. show d'Almada is this: proven
which is the must Mr
For Fact X2 is an impossible in-profits secretly and without con- from portion of the ovens War October 21 and October 24, they
forward by Counsel for the true contractual price?
|Bór, the Jury and i had nothing Stall-holders in the markets, tho
convenience, ference, he must go on to show sent, if you and that all parts chun, shout "Save Life. Sile then persuaded Leung Ching, who pldintin and www
to do with him, his Lordship naki. of purpose
that
barrow-boys. all the con- concerned these three persons
defendants. Fact X1-that
witness for
shopkeepers, Sir, I will call
tho my next two
When He said the points had been consider thoir, verdict a majority they would give him simple jobs
Jury came to know him. аррго-
When they could pro- features Fact XI and Fact X2. tractual price was £700 is the wore fully aware of the appro-and she too what was happening was then a potential.
put before the Jury W passage way. She said the defendant credire ag Lo Fact X1 is this: If £700 is the only possible inference and must priation of these secret profts, with a chapper in his hands in the the prosecution in criminal
in the by Counsel and his Lordship, did could be unanimous,
verälet was sufficient: They to true contractual price then the show this with the accuracy of and permitted the same to be was standing in such a position as
to do. 0-1, arises
we prevent anyone got therealant magistrates' court, Hongkong, not propose to go through them
and again the old man £400 excess remains Falconer's mathematies. These words with done, then Inference No. 7.
arises
or 4-3. They could return went begging. He is so vener accuracy of mathematics as a probability, and if it property and there may be then the
verdict then it would ke her sister. Tam Sud-mul will from giving full evidence in the again.
for the plaintif ably elderly, probability
and has such a as a Wills. They again come from
foceedings, conver of fraudulent
the kitchen chopper. She said he said
thereby con- * CHET
SOLELY ON EVIDENCE
defendants:
or a verdict frank and pleasant old face that slon. I use the words 'may are the words of Lord Hewitt, be probable and not impossible sister had rushed to old her mother i
deferidants. was treated by: when she had shouted Save Life' spiring to endeavour to obstruct
The Judge warned the Jury for the Later her brother-in-law, Chan Ki-the course of justice.
It they had he taken up begging whole- be' because even in that case, Lord Chief Justice in the Court that the £400
general permitted arrangement | hung, returned and she saw him plek Defendants
that, they must pus completely returned averdict for the time he might have done very if you think it is probable that of Criminal Appeal..
ball of cut of their minds anything that plaintiff then they had to assess well at t A policeman""the" as private property of the Annn-up a stool to ward off a blow directed
a hip by the defendant with the $1,000 cash. cier and noi Falconer's.'
they had read in the newspapers damages.
other day saw five people out of chopper.
The charge was read and ex-
and anything told to them On the question of damages, six that Alfred approached give Tu Po-yuk, testified that on August plained to, them,
about the case out of Court. the Judge said that a Jury in him coins. 22 she was in her bedspace when she heard her principal tenant, Wong was taken.
"You must deal with this case assessing damages were chtitled | Sau-chun, shout out. 'Save Life', She
solely on the ovidence before looked towards the direction of the shouting and saw Wong covered with blood. She said the defendant wasn
are
ILLUSTRATION
the dealing was between Holden
and King in the first instance
upon which the true contrac-
out
an impossible or income for my subsequent submission | women and a man, was committed clark, of the ng-shun, 44. Mr D. A. L Wright N. Cooper words published, ie, the innwen-2 went on Uving in the-same-
תיי
"IMPOSSIBLE FEAT"*
d'Almada must prove that £700 1s the true con-
tual price was £700-this, for tractual price by showing that is The purpose
of convenience, remind you,
Sir, is inference the only inference and by show- with the accuracy_of Nc. 5-then this £100 would ing that
be
a secret profit and a secret mathematics, I say, with re- pront does not make the £400 spect, that is an impossible feat Falconer's property.
in this cage,
"The next fact, X2, is that "For the purpose of showing the true contractual price was how impossible that feat is £1,100 and if this is the finding which Mr d'Almada may in tlue then the £400 is not Falconer's, course undertake, I will polse to It would be Holden's property, you the following questions
"Question No. 1. How can as I illustrated before, to pay cut as Holden desired in any you say or show that it is an one of many forms, even as a impossible inference that Holden secret cominission to King. In wanted £400 of his money in this
1be case, £400 excess not Hongkong for certain purposes? being
Falconer's
property, the This would be inferences Nos. charge is not made out. I think 1-3. It is Mr d'Aimada's im your Worship appreciates that possible task of showing they you must fraudulently convert are improbable inferences Falconer's property before the fore he can succeed. charge can be made out.
be-
The hearing is continuing.
Radio Hongkong
1
HX.T.
6. Times Signal and Programsne Echoes of the Summary: 0. Theatre: 6.30. Time for Music. The London Light Concert Orch, cond, by Michael Krein (BBCT9); 7, Lucky Dip-Variety Requests pre- sented by Margherita (Studio); 7.09, Weather Report: 8, Time Signal. World News and United Nations' Re- (Lendon Relay); 3.15, Letter port from America by Alistair Cooke (Recorded London Relay); 1.30, We
Orchestra of the Week.
Ker
Bia
8.45.
heard her mother, Wong Sall
saw the defendani standing
saw the
against
ishun, penda, ning very ably
aro on
but no plea
standing in such a position he to Mr And Mrs
prevent anyone from coming out of the kitchen. She then rushed out of The house and notified the Police. Later three Policemen accompanied 'er to the house.
Engine Fitted To Junk
Du Toit Return
Mr Paul Du Toit, popular Diocesan Boy's School teacher, returned
this morning hero with his bride, the former Miss Eileen Hing of St Paul's Girls' College, in the my Asin.
on
Mr and Mrs Du Toit, who were married in London August 1, spent their honey moon on the Continent before embarking at Genoa, for their return to the Colony.
+
Fire At Kloon
The 52-year-old junk master, sing for you-Webster Booth Hienor) Lau Hop-lee, was aned $100 by and Gwen Calley Concert by Mr A. G. Parker at the Marine the Bino-Brilish Orch. Biring Court this morning when he Section cond. by Arrigo Foa Suite in pleaded guilty.
to a breach of Minor for Biring Ojch.
er his junk licence conditions. Burges (Concert Hall); Majesty Queen Elizabeth, The Queen
The Prosecution said during a "Question No. 2. How can
Mother receives the Freedom of the
Shun in Lung City of London, The Broadcast in routine search "Direct evidence as to what you say or show that it is an
Majesty's Speech in Wan is the true
yesterday evening, the price impossible inference that Holden cludes contractual
reply to the City Chamberlain and dealt with King, and King in would be, for example,
discovered that from
Police
an in- a description of the ceremony at Falconer's plus Holden going into the witness turn with
Guildhall (London, Belby Charles defendant's craft.
10, The board motor engine was fitted to box and saying
I remind you, Old Curiosity Shop" 10 the Court eceret proß!?'
Dickens, Adapted for Yadio by Defendant "The true contract price was Sir, this was Inference No. 5.
In mitigation £700' or he might say 'It was I remind you shortly of what I Cleland Finn (Part 2) (DDCTS claimed that he was ignorant £1,300. That would be direct have given you in detail the 10.09. Weather Report: 11. Jadie of the regulations, "If I have
this News Heel (Landon Relay): "11,15, evidence. That not being avail invoices show Holden sold to
that it is against law. I known Goodnight Musle; 11.30, Gien Gray able, then Fact X1 or Fact X2 Jimmy King.
and his Casa Loma Orch, Frankie would not have installed it," he has to be deduced or proven "Question No.
that Carlo and his Orch., 12.15, RacingTM sold. He further added from inference
subsidiary you, say or show that it is an The Cambridgeshire' takes. A Be the engine had not been used i an electric short circuit.
corded Commentary on the Race at facts, these subsidiary facts impossible inference that Holden Newmarket, London Relay) God for the past six months and it being these
for actually contracted two invoices
for £1,100 Sava The Queen; 12.30, Close Down, was already rollen.
on
3. How can
Mabel Constanduros, produced By
IMPORTANT ANNOUNCEMENT.
ISAAC STERN, like SOLOMON, has been creating a sensation in Japan. He is one of the world's greatest violinists. Four weeks ago it came to my knowledge that he was visiting Japan and would come through Hongkong on his way to Europe. From then on I tried to contact him through New York and japan but with no success. To cut a long story short, my efforts only bore fruit yesterday, when Isaac Stern him- self spoke to me on the telephone from Tokyo and promised me he would give a recital during the 48 hours he will be here. My explanations are necessary for music lovers who might be bewildered at this short notice. Isaac Stem will give one recital at the EMPIRE THEATRE on Wednesday, 4th November, 1953, at 6 Admission prices are $20, $15 and $10, Booking commences, to-morrow at the EMPIRE THEATRE and their Town Booking Office, Shell House (side lane)..
p.m..
HARRY ODELL INTERNATIONAL FILMS, LTD.
Factory
Counsel for the
1
or
Now
93
you in Court and you can take a defendant whole conduct of THE policeman arrested Alfred, who next morning at Great to the into consideration the points put publicanion from the lime
Ume Marlborough Street, admitted before you by leamed Counsel," they gave their verdiet. They before Mr Rowland Thomas, QC. he said.
micht
what the de- that he had indeed been begging. consider Dealing with the functions offendant's
had been be- afconduct
"When I arrested him," said a Judge and a Jury, his Lord-fore action after action and in the young officer who had done ship said that it was for him to Court duri Hal. They might so, he had is. 4d. in the hat tell the Jury what the law was also consider, plaintiff's conduct he held out. He said to me I'm and the Jury had to accept that in assessing dimages, Damages only getting a living," When he as correct. It was for
them
(the Jury) to say what the facts were compensation to a plaintiff was later searched, he had on
for Injury to his reputation be him £5.138. 214d. of the case were. They were cause of the publication of Alfred sold."
"Ah never had no five pun." defamatory statement,
the sole judges of the facts.
The Jury, the Judge had scer them
evidenco of the
The amount of damages was
"Show him the charge-sheet," A matter entirely up to the the magistrate ordered, and this Jury, his Lordship sald. They document which showed detalla might award nominal damages of all that had been found in only where no real injury was Alfred's pockets, was handed to
a
"Can't
thalmers,"
the
them said, brushing
unnerstand
•Alfred document away.
ADVICE FOR ALFRED
on. went witnesses and heard give their evidence and they had seen their demeanour. It was for them to decide what weight they should give to their proved. Malice which might the dock." evidence and
they increase whether
damages was
exist- or not. wrong feeling of motive, believed the witnesses
In the minds of b **You
de- adduce the facts of the ing
evidence before fendant at: the time of publica
oll I can't lend him my case from the
The Don and actunting it, but in you and you will have all the
glasses, Any volunteers?" the exhibits before you which you this case his Lordship sald fe magistrate asked. can study, and from all the had ruled in law there was ip-
sumetent evidence of actual THERE were none, but I doubt A fire broke out at about 3.30 decide what are the facts of the
exhibits you malice in the defendants
when If it mattered. morning at
A pair of the Volta case," he said.
spectacles placed on his nose Electric Manufacturing Com
would not have taught Alfred, to any Ltd. at.000, Castle Peak
any should appear to express Road. The cause of the fire was
You had no need to bog, and opinion of the facts of the case expmination of plaintiff as to read.
crodit Incidents outside tho The fire was put out by ten the Jury must totally disregard
the magistrate, He called in of the workers with the help of it if they disagreed with it, but alleged libel, that evidence was that isn't fair to people," said the fire brigade.
on the other hand if they agreed only evidence for that purpose Mr Charles Morgan, the proba and not in mitigation of of part
tion officer, who Damage done was estimated at with him it became
told him their opinion.
damages, he said.
Alfred's $10,000.
history. After he had gone into the
NOT A DEFENCE
"Well, look here," Mr Thomas if a statement complained of law with the Jury he would
"I'll discharge, him con- defamatory of plaintiff said, "I' WDS
do take them through the evidence. He would
for him
will you?
Give him some Mr Morgan nodded that he
The Judge said that if be
they published complained of,
Where There
the words
}
CTOB
and a defendant published it, dillonally, see what you can FO
This Morning's rough all the evidence but if mistakenly thinking it was brun, advice."
Arrivals
he did not go through certain that was not a defence, though evidence the Jury could still it might be material in mitiga-
tion take it into consideration.
· of damages, the Judge would and he and Alfred left, Bald. A defendant's intention DEGREE OF PROOF,
in publishing The degree of proof in a civil and motives case, the Judge explained, was material except on the, question
defamatory statement were im the preponderance of probability of damages. The Jury had to consid
to consider what
wondered what advice Alfred would be given. Mine to him
in the West End village where would have been to apply for official · oldest-inhabitant, status
Explaining the law further, she lived. the preponderance of probability | Lordable mild thak - actions of" "libel
slander they considered the pre- and
Were privalo legal remedies, the object of which, wat
Among the passengers who | Kerived here this mornẳng in the Tahan Iver, my Asia, from Genoa were Mas Gità Dillmann, wile of Mr H. Dittmann, Gernan Consul-General, Mes Ruth Franke, wife of Prof. H. Franke, won. If Consul, and Mr Wener Handke,
toord by Me Dittmann and otherw from the Consulate-General,
Vice-Consul, They WOTE MDS aritmaternico. of probably we to, repair a plaintif for the private which he complainedʻed-was made so to be a foot; If tho proponder. I they dona to his right and reputa. and published of and concerning him»
so and so, they found so and
by wrongful publication to a zest and that it was defamatory of am.co of probability was not so on tuto person of falas and defamatory the plaintin himent with the mesh-
statements concerning PÄRÄKELÄTT,--
ing of the defnition wisREN DE WOULD A question, they found it was Alibel was the defamatory give to the Jury not so. If the Jury were not statement, expred or carveyed by Esplaining what defamatory The troopship, HMT Empire satised that the preponderance procent form, ut in one tenant we, his Lordship said, that published of sand it was a statement which if published Trooper, arrived сто this was so and so then they found concerning plakatle to penon of ad concerting a person was ca morning
other than the from tho" Valted that it was not proved.
•pletour without | qulated to sxxpose bien to halract, Kingdom with · miscellaneous Regarding the question of justineation or excuse, his contempt or ridicule for to corey
Lordship said,
(on "him" disparaging or replacement, troops" for Hơng- | burden of proof, his
Lordship It was necessary, he wrend en for kong and for Korea.
said, that in a civil action the onur was on the plaintiff lo prove his claim, and here, he had to prove that the words complained of were defamatory,
"What's His Line 24. Solution
DISPENSER Londok Broren Bereler,
A plenti dey and action forlibel or news probration, calling or offices. slander to show that the statement
Printed, and pubilshed by WILLIAMC - ALICK CHINHÁM, “ROT/ and on behalf of South China Morning Post Lifted at 13 of plaintify, but he did not have Wyndham Street, City of Victoria, in the Colony of Hongkong,