Page
THE- “PREUMPENH” CASE.
CHIEF ENGINEER SUES CAPTAIN
FOR LIBEL.
HONGKONG MAGISTRACY.
ALLEGED THEFT.
Defendant pleaded not guilty, and said the case had fallen and broken open.
He was arrested while repacking the spoons which had fallen out.
The defendant was remanded.
SOMETHING WRONG.
THE HONGKONG DAILY PRESS, FRIDAY, JULY 2018, 1917.
SHANGHAI LIBEL CASE.
THE SOUTH AND THE SITUA NEW TRIAL ORDERED.
TION IN THE NORTH. A Chinese coolie was charged before
EXCESSIVE DAMAGES AWARDED.
CIVIL GOVERNOR OF KWANG- There was a sequel to the 'heumpen Mr. J. R. Wood with broaching
In H.M. Supreme Court, Shanghai, on
TUNG'S PROPOS LS. cargo Marine Court case us the Hongkong whilst employed
in the Kowloon the 12th inst, judgment, was delivered in According to the native Press, 'n tele- Summary Court yesterday, when the Godowns. It was alleged that defendant the appeal lodged by Mr. Hayley Morgram, of which the following is a sum- former Chiof Engineer of the vessel, Whad opened a case of spoons and was ries against the verdict given in the trial mary, was sent by General Chu Ching- J. Stokes, and who was the defendant in caught in the act of stealing the spoons of an action for libel in favour of Dr.lan, Civil Governor of Kwangtung, to the Marine Court case, sued Captain de from the case.
E. L. Marsh for £5,000. The ground carral Tsen Ch'an-bsuan of Shanghai, in Sala, master of the ship for libel,
of the appeal was that the damages on the 4th inst. :- claiming $1,000. The alleged libel was
awarded by the jury were excessive.
Just received telegram 3rd instant contained in the log book entries.
The Judge, Sir
from Liang Chih-chao, forming me Havilland
Tuan Shi-jui has started from Mach'ang The Hon. Mr. H. E. Pollock, K.C.,
Saumarez, in the course of his judg with troops against rebels and Peking ment, mid:There was evidens, that the will be recovered in a few days and so appeared for the complainant, and Mr.
defendant Hayley Morriss published the on. Chang Ilsun will surely be defeated, E. F. Mattingley represented the Captain.
libel with the express purpose of ruining so the question of afanehu restoration. the plaintiff's practice in Shanghai, and may be dismissed at once. The allegations of libel were contained
there can be little doubt that it would as the restoration of Parliament is a A Chinese was charged with snatching if uncontradicted have had that effect; matter of very great importance. 1. sag- in a long statement These were to the effect that on April 10th the defendant half a sovereign and a pendant of the plaintiff was therefore forced to apgest its restoration chould be achieved at
peal to the protection of the Court. The Nasking during the period when Ve falsely and taaliciously wrote and pub- watch chain. Inspector O'Sullivan said Juundo was that the plaintiff was more President Feng is acting as President lished of the plaintiff in relation to his complainant alleged that he was calfinetiquette than for the welfare of his there. If we wait till peace in Peking concerned for the observance of medical and forming a provisional government a sampan when defendant came up and patient; inasmuch as the patient, who was in restored, this step may give rise to position as Chief Engineer of the Phaum-
A curious thing man of some prominence in the place, disputes and troubles between different yeah the following words in the officialsnatched the pendant.
etiquette that the death had taken place, are much upset by turmoils and when was owing to the plaintiff's stickling for accomplish this now when the Tuchuns the libel was as serious as it would be.
confer with the members of Parliament at
us they have no time to look elsewhere. I suggest your Excellency approach and Shanghai in sceret and to get them, never mind how many members are avail- able to go to Nanking and open Parlia sent there by themselves. 1, Ching-lan, have already secretly consulted with the mously agreed to recognize and protect south-western provinces, who are unani- them.
Joy of the very namely, "On April about it was that neither the pendant/had died, and the letter inferred that it parties. It would be much easier to
9th, 10th and 11th, Hongkong to Sings pore, the master (meaning the defendant)
ke
has this day found it necessary to com- und the chief engineer, W. J. Stokes, cenas making unnecessary trouble crucerning the drinking water of the vessel. This is the third consecutive day (April 11th) that W. J. Stokes has deliberately produced samples of water, declaring that it was stagnant, and that each time that the master has told him
nor the chain were broken, and witnesses would be called who would say that the pendant was hanging off the chain when the ery was raised.
Defendant waa discharged.
"FISHY."
A Chinese woman was charged before Mr. J. R. Wood, at the Police Court this morning, with attempting to export two tals of Government opium.
A lukong said he was engaged in search ing defendant's basket and he found the drug.
Defendant admitted that sum of the contents were heas, but not the opium. other woman.
to pump over the side for several minutes so as to flush out the pipes thoroughly he has changed his opinion after the water had been tasted by the ship's doctor, the master, the chief officer and She also asked the lakong to arrest un-dants for £500 which was to be paid to about 10,000 men) of the police
compradore, who agreed that it was fit for human consumption. The reason that the master has made this entry is on account of his fearing, by the action of W. J. Stokes in parading dirty water along the deck in a glass tumblor, that it would incite trouble among the 900 odd esaigrante. who had been taking notice of the Chief Engineer's actions,"
The long entry went on to allege that ach actions on the part of the Chiof Engineer might possibly have caused panic, trouble undi dîsorder on the vessel, which might have led to disastrous re- sults on account of the ignorance of the
His Worship: said there seemed to be something fishy about the case.
The
crtain matters which, he says, the jury The defendant's counsel has pointed to must have overlooked, though they were brought to their notier by th Judge, That the defendant was at first actuated by no improper motive, as the deceased gentleman was a great friend of his; that not mentioned, so, that except to these in the letter itself the plaintiff's name was who know the circumstances, and at all where than in the East, he would not be to be settled in the manner as events excluding persons résident ele
For, if the question at Peking is likely to be prejudiced by the publica there will be no end of trouble in store I hear, tion; and that he did after all by his for us in the future. It is all the more relieve the jury of the duty of determinary influence of the south into the contre withdrawal eren at the eleventh hour imperative, therefore, to push the mili- ing, the truth of the libel.
We have one indication of the amount hold the best position. Only then would of the Yangtzekiang regions, so as to of damages to which the plaintiff thinks we be able to command respect for our he is entitled--he settled with two defen voice. I have collected together 20 hospital: I can imagine a man of high force, with which I propose to enter the character proferring that money of this Yangtze River by the ara route, to be kind should go to a charitable purpose followed by the Yunnan troops later on, rather that into his own pocket, but never-I pray you to obtain the Navy's assistance theless the amount must in some measure speedily helping us in the transportation. reflect the extent of his hurt,
Suppose
of our troops, as this is most important. the defendant Hayley Morriss had come in with the other two and made full amends by withdrawal, is it likely that the sum of £300 would have been more than doubled? True, he did not, and his attitude was such as to enhance the dam- agus, but even so, can it be said that his SPORTS £600 would have been more than doubled? I find it difficult to think so. If that in so it must be that the jury thought that say if you like, £3,500. Will such a sum they ought to add £4,000 es a punishment, bear the test applied by Hamilton L. J.The Hon. Secretary, Hongkong that there must be some reasonable rela-: tion between the wrong done and the solatium applied? It is difficult to imagine any Court imposing such a fine, in their wish to strongly mark their senes though I can sympathize with the jury of the use to which this young man had conduct in his campaign against the put the public Press and his outrageous plaintiff. I think they have in this way many glasses were loat with the brave men In the recent movement in France, misunderstood the measure by which dain- using them, while the more open charac ages should be assessed and that they have imposed a fine out of relation to the sensibly increased the denud. Further, ter of ter fighting now in progress has offence committed; that being so the we learn from the letters how indispons verdict cannot stand.
said
akong first said that he had searched the basket while on duty and then that he had received information, woman would be discharged.
QUEEN S COLLEGE
PRIZES.
The
At the Queen's College yesterday the Hoadmaster presented the prizes wou in tennis and volley-ball. The winners in the tennis competitions were:---
emigrants. After due consideration and Championship Singles 1. 9, Nagano
reflection the muster had come to the eon- elusion that he must, in the interests of himself, the owners, and of all concorned, warn the Chief Engineer from carrying out, or attempting to carry out, any net that would prejudice or injure in any way the vessel, or any person on board, and he kod warned the Chief · Engineur : that any attempt to commit any act of
(prize presented by Mr. S. E. Green); £, 9. R. Ismail,
Championship Doubles.-Wei Lan-san and A. Rumjahn, (prizes presented by Ng Sze-kwong and Carroll Brothers).
Handicap Singles.-8. Nagano (priza presented by Lo Shung-wan).
Handicap Doubles-Wei Lai-gang and A. Rumjahn,
The members of the senior volley-ball team, who won the Volley-ball League, were each presented with a silver badge.
The proceedings terminated with cheers for the Headmaster, the donors of the
barratry against the ship Or her machinery, or to attempt to influence any person on board, to do so, would be re- garded by the master most seriously, and that any punishment that the law of prizes, and the successial competitors. Great Britain allowed would be asked for, and that the fullest enquiries would be monde as to his conduct on board the vessel. And the officers signing that entry, were warned by the master that he (the master) considered the Chief Engineer to be a dangerous, and malicious, person, and relied on them to notify him, at any time, should the Chief Engineer net or behave in a suspicious manner.
Mr. Pollock remarked that the defence which would be put forward would be that there was justification, and also that the publishing was made on a pri vileged occasion and without malice. The points on which those pient were based were set out at length in a letter from Messrs. Deacon, Looker, Deacon & Harston, and Mr. Pollock went on to
trialy more than half of the entry was not about an “occurrence," but was what the Captain thought of the chief engineer. It really took the form of abuse. As regards justification, the plaintiff would say that the defendant was estopped from plead ing by the finding of the Marine Court.
Mr. Mattingley-We don't admit that we are estoppel.
solicitor in Chambers.
LADY ROBERTS FIELD GLASS
FUND.
The Hou. Mr. E. R. Hallifax, Hoa. Secretary of the longkong War Charities Committee, has received the following further appeal for eld-glasses :-
Engiemere, Ascot, Berks.
May 25th, 1917. Charities Fund, Hongkong.
DEAR SIR, I feel ditident of asking further help where so much has been done already, but If you could see your way to munity that the need for glusses and tole bring to the notice of the British com scopes still goes on, I should be very grateful.
Unless the parties agree on the amount and telescopes are for scouting, sniping, i
of damages, as to much the Court will ready to give what assistance it can, solely as to the amount of damage; there there must be a new trial. This must be has been no application to disturb the finding of the jury on any other issue.
THE ASSISTANT JUDGE
men
artillery observation..
Since I wrote last the address of the Fund in London has been add Manager, Lady Roberta Field Glass glasses should now be sent to The Fund, 64, Victoria Street, SW, 1.
I will, of course, gladly acknowledge any that can still be spared.---Yours truly,
ROBERTS,
Glasses can, if preferred, be sent to the Hon. Secretary War Charities, Post Office Buildings. It is mentioned that in onse to the appeals which have been issued through the Press glasses have been lent.
some 20,000 The demand, however, grows daily more insistent, Those responsible for the scheme are in a position to say that every good glass lent means the saving of gallant lives.
*INDISCREET"
QUESTIONS
In agreeing, the Assistant Judge (Mr. Skinner Turner) said:the result of the case scenas to me to be that the Court of Appeal from the circumstances of the case and the amount of damages must be driven to the conclusion that the jury in awarding their damages ther Look into consideration matters which they should have omitted or failed to take into con considered, or applied a wrong measur sideration matters which they should have of damage altogether. It is not necessary the part of the jury or that the verdict for the applicant to show perversity on is one at which no r.asonalite body of could have arrived,
In my opinion the daniages awarded are excessive:
CHARGE AGAINST TRAVELLER 1 can had no reasonable relation in them to the Subsequently his Lordship intimated's name was not mentioned, thereby girties, reccny, Arthur Leathard, a At St Albans, before a full bench of wrong dono. In the lib. itself the plain- that he would like to st: Counsel anilessening the barm likely to follow from Sheffield commercial traveller, was the puntication of a libel in a newspaper to ontain military information of a charged on romand with having attempted so go all over the world: the plaintif A conference then took place in Chaneroved no special damage at all (and the suture calculated to be useful
action was tried three months after the accused was a British subject, with his To the era, and eventually between the parties, act
enemy it
Was stated, However, that after which the Hon. Mr. Pollock re-estimate his damages in his statement of only two available relatives fighting in Publication of the letter) he did not marked that he was happy to tell his clair: be accepted 2800 to be paid to an aparacter, and the Bench dismissed the the Army. ite was given an excetient Institution as the damages from the Lordship that a settlement had been actual publishers of the libel. In addi-charge, expressing the opinion that he had read the plaintiff's reply to that defence f arrived at between the parties, and, by tion the verdict was round, in stering. It was stated in evidence that Leathard
been very indiscreet. It was stated that the finding of the consent, judgment against the defendavit unusual in this Court and foreign to the had inquired of soldiers how many troops
method in which medical men here charge Marine Court enquiry showed that Stokes
was naked for for $500, this amount to their fees. At the same time the liber were in the district, the strength of a "carried out his duties in a proper
include costs. Payment of $200 would
was very serious and no doubt the jury been any Zeppelin raids and whether particular battalion, whether there had intended, as they were fully entitled to there were any anti-aircraft guns. He WAY."
There were really two defences, be made forthwith, and the remainder do, to mark their sense of the defendant's the une being justincation and the other that would be paid by monthly instalments conduct right up to the moment of their bad also inquired whether a lonil of verdict. But ev, a so, I am quite unahit was ball or blank He was arrested at ammunition which was being unloaded of publication on a privileged occasion..
OF $50.
to see any method whereby the jury can Peterborough, The plaintiff was putting that plea of
His Lordship then gave judgment have arrived at a figure like £5,000. It
stens to me, judging from the circum dragging of a perfectly good British sub- Mr. Lort Williams, for accused, said the justification in issue, and, as regards the
accordingly.
stances of the case and the amount of the question of privilege, that was absolute Mr. Mattingley stated that while, will damages, the jury must have applied alect of unquestioned hout, fides into court ly decided by the Marine Court, because ing to consent to judgment, st the same allowing their feeling of sympathy for colante der this
wrong measure of damage; probably and prison for a loose conversation with particular section was the finding read! We are of opinion that time, the defendant wished him to say to run way with their reason..
the plaintiff or disgust with the defendant calenated to bring the section into derison and the court into disrepute. England the chief engineer on this occasion carried that at the time ho made the entry in these circumstances there must be a new Cadir
was not Prussionised yet... out his duty in a proper way and to the p
the log book he was satisfied that he trial am aware that here this is probcused on oath denied that he pu best of his ability." If there were any of the vessel,
was acting within his rights as Captain is the only course now open to this Court having been given the Bunch, as stated, other than casual and ordinary questions ably not altogether satisfactory but to the soldiers Evidence of character privilege, that did not extend to the
It may be that the
parties can obviate dismissed the ca»6. - « doctor and compradore of the ship to that was not part of the terms of settle Alderson J. in Price v Severn. 7 Bing, B. The 1,000th day of war, April 28th, The Hon. Mr. Pollock interjected that trial by agreement (see judgment of the necessity and expense of this new whom the log was read, and also did ment. They had let the Captain down 320) or possibly the help of this Court patard rather quietly at the front. Not not extend to the whole of the entry. The pretty well. They had, not said that they real one of its Judges might lead to that since: Napoleon a time have we been en plaintiff alleged malico, in fast. Mr. wanted an apology, or wanted this or Their lordships decided that each party May 18th, 1803, to June 22nd, 1815 — it
decideal cheese gaged in a 1,000 day war Pollock went on to argue points of the
that, as they might easily have done, should bear their own costs in the ap lasted 4,418 days. The African war peal and that the plaintiff should not be stopped short of four figures on the 952nd, case, and stated that a jog was always
deprived of his costs in the first trial day, and the Crimean War ended on the for the entry of occurrences," and cer-
to assist the parties in arriving at a Russo-Japanese Wars lasted 569 and 375 The fudge also expressed his willingness 732ad The Spanish-American and the '(Continued at foot of next column.)
settlement.
daya respectively.
Hi Lordship remarked that unless they were asking for un apology it was not ment had been arrived at, and he thought worth while to argue further A settle they might leave it at that.
or of
and then-from
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