THE SLANDER ACTION.
ECHO OF THE PEACE CELEBRATIONS.
EDGMENT RESERVED.
THE HONGKONG DAILY PRESS, SATURDAY, SEPTEMBER 20TH, 1919.
CITY..
NOORDIN'S STORE ENTERED BF THIEVES.
item by item, Bad been gut down, said DARING ROBBERY IN THE that if had to give commission again be would lose on the transaction. As the amount Wis small, the compradore, waiving the commission, give him a che At the Summary Fourt, Hongkong, Explaining how he had paid bis. sestrilas," the hearing was continaed of the ania in which. Mr. Ad A. Sp, clerk in the employment of Mesars
comuniasion before, "witness said that Ah
Kau told the compradore his original bill was not for the samne anivunt, and he had
CORRESPONDENCE.
CLUB DE RECREIO FOOTBALL
TRAM.
4:
[TO THE EDITOR `OT THE HONGKONG DULLY PRESSE
which appeared in your paper of this Sin, With reference to the article.
morang water St. Joseph's College and
BOOTY WORTH $3473 TAKEN,
A daring burglary is reported to have taken place between 6 put, on Septa ber 17th, and 8.30 am.. on September make it out for a different amount Deaconsfeld Arcade, Queen's. Rond. Noor- The comprador did not ask Ah Kau to din, an Indian, left the store in the correspondent Parinina," Eam direet- explain what he theant. Witness did not charge of an assistant and sailed ford to request you to give publicity to she hear Ah Kau telling the compradore that] India two weeks ago. On Thursday morn
Hastings ad Hodge,, claimed #1,000, from ben instructed by someone in the office 15th.. at Yourdin's tailoring shop in Lengte Foothal from your sporting
than Pak Kwong, compradore of the
firm, as damages for alleged »lunder.
The defendant was alleged to have made a Statement to"Mr. ... R 8. Hodge, a
following:-
telin,
partner in the firm imply dig that the had aiready arranged with the plaining, at 8.30, when the assistant opened Club de Recreio has absolutely nothing to do with St. Joseph's or any other team, plaintiff had taken a secret commission tiff that there was not to be Pommission the store he was surprised to find papers. Lora ene" Al Rau in respect of a transe for anyone in respect of this transaction scattered about the door, and the cloth Its tent is seength string to n
Mr. Davidson said there was one point shelves disturbed. An examination of and the players composing & are not the of law that he must take in view of the the premises showed that the lack of the player, who played and won for St. Mr. M. K. Lax apperaria for the plain. Possibilizias, namely. thus the inaacado back door had been broken. A thief had Joseph's in last year's lengur.
In the amended evidently affected his entrano by this alleged was too wide,
1 tr The booty stalen consisted of statement the innuendo was the plain-
tion over some flags for the Paco Cele brations,
iffy and Mr R A. Pavison for the de fendant,
77
The object of our entering a team is
simply to encourage football amongst our
the first day, Mr. F.. E: S. Hodge. af tiff secretly and in fraud of the said firm bank notes of various values. The cash boys, and one of the conditions of our partire in the firm, said he did out received some commission or allowance box was soushed, and from it a trels joining the league this season is thut no hese that Sousa bad taken any secret from Ah Kao." So far, said Mr. Davit of gold leaf, valued at $875; 100 pieces | player' who played for any other team
mission in respect of the transaction. son, this was an explanation of the word. /of 185 (8725); nine pieces of Glast year should jilay for us if the Club) but if he had he would not have kept which the defendant was supposed to hava rupees; a guld ring; a gun metal wath, for which he played shouidi reypire his
(8281): "30 sovereigns; $137 in notes:
uttered, but the innuendo in the latter and 36 yards of silk together valued at
rt of the clause and that plaintif
was dishonest ufid not worthy of trust " was too wide. The worits referred to one instance and not to a habitual offenc
Sous in his office for ihree minutes. When the compradors came and told him that Ah Kaa hai refused to give him any rommission because he had been told by somente in the office to alter his bill o a Sgure differens from that which hutan bee pais, he naturally thought the sens one referred to was Mousa. He did not izeal the matter serioasis in fact, he sold
Sisa to and punch Al Kao's head. He had nothing whatever against Sousa, and had tried to settle the matter out of Chart by going to see Mr. E. V. X. R. de Sousa, the plaintiff's unele. Anyway, the story did not, in the slighest degree, injure the plaintiff in his (witness") eyes, There had beers a previous difference of opinion aween the parties.
the innuendo was surely too wide that by accepting'a secret commission in one instance a man was to be considered dishonest and not worthy of trust. There was a case cited in Odgers w Rich was very similar. A mae was robbed in a public house, and the judge said that "the "in nuenda was ton wide that, because he was rubbed' in the public-house, that public houm the resort of, thieves and felons. That ruling (Broom. Gosden) was given is the face of the evidence of
WILS
3
The Polier exuniued the premises but found no clue except a few fingerprints.
-SELLING INDECENT PICTURES.
A Chinese, who was caught by the Policy attempting to dispose of a quan tity of indecent pictures, was charged before Mr. N. 14. Smith, at the Magis tracy, yesterday.
A constable stated that he noticed de fendant opposite the Hongkong and Shanghai Bank, on Thursday afternoon, rrounded by a gaping crowd. He went up to the place to ser what was the mit
Yours faithfully.
servies again this year.
Thanking, you for the insertion of this I remain, letter in your next issue.
1. SOUSA (Sports Secretary, Club de Recrein), Kowloon, Sepasmber 19th. 1919,
COMPANY REPORT.
DOUGLAS STEAMSHIP CO., LTD. The report of the General Managers Mass. Douglas "Lupenik & Co) on the thirty-sixth fear's working of the Coar
any, ending soth. June, 1019, states:
After paying all running expenses,
viral men that they had stopped their ter, and was told by the defendant to docking charges, premia of insurance, 3. A. A Sousa, the plaintiff, were custom from the public-house ia question mind his business and not to come prying bonus to officers of steaners, and making |
because they were afraid of being robbed In the present case, Mr. Davidson en- phazid, Mr. Hodge had plainly stated that he did not believe the plaintiff bad The farthest be taken the commission.
into other people's affairs, ♫
Не
ziving & seret demonstration of some thing which the public would appreciate.
The constable insisted un
sing the
pictures, and being given a glance, hr arrested the man,
out of ahat he had made." not a cash the vransaction. Abesit, three works after the Beące Pelebrations, Mr. Hodge called him up and said he had been told by Semeie in the offer that he had taken a
cret commission from Al "Kan." MF, he went was to say that if Sousa Ead
Defendant stated that he purchased the Budge added: This is a griminat taken the commission he would have pictures a few days ago for his own offence; anhdeps 3 one prive otherwise you sent Sousa away. Mr. Davidson contend delectation. He went to the Supreme i have to leave." Since that time heed that the plabatiff's case must fail un Court and sold some books. When he Tak put bere given a ly wirk to do in the legal ground that the innuendo was left the Court the constable came up to
fier, though previously he had his too "wide.
him and said You, are selling books bands full enough. He was aware that!
Dealing with the facts, Mr. Davidson cheup: I would like to have a look at Mr. Hodge objected to these proceedings, said that plaintiff had to prove that the them." He replied that he was not
die felt K had to clear his elaracter. defendant had uttered these
words selling books to the public in the strente. You have During the proceding the glaim was maliciously. If there was any doubt on The constable then sig bunged on a vital point. The words this point the defendant was entitled to some indewat pictures in your possess
Yes. L -which tar defendant was first alleged to the verdict. He would admit that if Hission.". Tefendant replied:
Sousa Prceived Lordship was satisfied that the defendant bought them a few days ago.”
Mr. Smith Three months hurd labour: the pictures to be destroyed.
::
have uttere soner secret commission from Ah Kaninvented the story it, would be proof of that is why Ah Kau refused to give me the malice, but the evidence was too innde usual one per cent, comunission;"""After Mr.quate to support that theory. There was Hodge had given évidence, Mr. Lo asked a dispute as to what actually occurred in für aut a brather leave to amend is the compradore's office on the morning of claim by substituting the following words. which, the defendant was now slated to have athered to Mr. Hodge Ab Kan Lold"me in the compradore's office that it
Defendunt: Can I have a fine!. Mr. Smith: No, you go to guol.
August and, and the Court would have Hodge had given the plaintiff very little to decide between the evidence of Ab work to de: but it had to be remembered Kau, on the one side, and the defendant that the plaintif brought the action and his two witnesses on the other side. was on that account that . Hodge had against Mr. Hudge's advice and that it
given plaintiff so little work to do.
admitted as
The
"to
EL
provision for the amount due to" H. M. Government on the working of steamers under the Flongkeng Liner Requisition Scheme, the amount at credit of proft nerd loss account is 8299,322.59. nut of which an interim dividend of 6 per cent., absorbing 200,000, was paid in May last, and subject to the approval of sharehold ers, it is proposed, to appropriate the balance of $279,322.30, dy follows:---
To pay a final dividend of
per cent. ($3 per share) 30,000.00 to pay bonus of 0 per cent.
( per share)
00,000,00 To write off from the value
of the Company's steam ers and properties
To plice to credit of the rež
serve fund
To place to credit of under-
writing neeount'
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The chartered as, Quinnelang is run- ning satisfactorily.
+
MINISTERING CHILDREN'S
LEAGUE.
offer
was ditest for him to pay the one per There was no doubt whatever. that Abfact of the matter was that the plaiotit The ss. Haikong und fictas came off ent. commission due to the compradore Kau was trying to avoid payment of his was never injured at all; it made no Hongkong Government control early this Facause he bait been told by someone in
The defence said commission.
difference whatever to him or to his re that the after to alter the bill differently to whether Ah Kau's statement was true ored and vindictive, his ranits had been putation. The plaintiff was wrong-hend- the bill presented for payment, and that not, it was an excuse to get out of paying
wounded, and he was determined. “
bis therefore he would lose if he had to pay
own
The action was back, a sum which he knew he had to pay. The
fishing action, and the defendant was The Ho Mr. David Landale and Mr. his ur per cent. Yang Ngai Hing, broker, said he knee probability was that A Kau had made entitled to the verdict.
Mr. replying to the point of law A. O, Lang resigned in leaving the both parties the day early in August up is a ordine cause the latter most innuendo in one part of the claim was resigned, their flucy being filled by Mr.
story rather than that the defend-
Mr. Davidson, said that if the Colony and Mr. William Adamson also
in the compradore's clice have known how easy it would be to prove sur must necessarily fuche D. G. M. Bernard, Mr. J. W. C. Bonnar
too wide the other Messrs. Hastings and Hodge when he saw the truth of any story told by him. The plaintif had taken the cosmission it and Mr. W. E. Clarke, who comprise the Ah Kan vinne in for payment. The comprobabilities were certainly with the de-it weretly and in fraud of the said arm, Committee and now retire hat
would mean that he had not only received pradore asked for his commission. A fendant, and so was the weight of evid-but also that he had neted dishonestly and themselves for re-election.
St
to be Kau replied that he could not give the ence. One explanation was that Ab Kan was not worthy of trust or
employed as a clerk of the firm. Mr. comprador any commission as someone objected to pay commission because his Hodge had said what the consequences to in the office had instructed him to make prices were cut down, and the, compradore the plaintiff would have been if he had,
in reality, taken this commission,
In qut the bill “sofsu,” not Recording to his understood him to say that there was a reply to Mr. Davidson's statement that: riginal bill. If he pave the compradore squeeze" going, an which it was bis how that Mr. Hodd endeavoured to
the plaintiff's ease had
WON hiassed, Mr. Mrs. Lewis, Hon, Secretary of the usanmission,, be would lose on the tran;
Lo confessed that he felt that Mr. Hodge had
Hongkong branch of the Ministering saction. Witness did not know whether
especially in view of his statement that Children's League, he received the
not been quite fair to the plaintiff, Ah Kau was paid or not.
he had nothing against the plaintiff. If tollowing letter from the Ministering Cross-examined: Witness said he was
Mr. Hodge wanted to stop the case from Children's League, London:- coming into Court he had only to go to a perfectly disinterested withese, and took
the compradore and tell him to withdraw Dear Madam, Your letter and the re- no interest on behalf of one, side or the
had made about the statement be other. He remembered, however, going
plaintiff and the matter would have port of your work have just been sent pa to Most of the evidence "by which the ended."
me as, for the time being, I am acting as with the compradure to see Ah Kay in plaintiff had sought to prove malice was
As he said previously, the plaintiff had Hon. Secretary for the League sa woll regard to the unse All the partics were childish.
prove three things:-that the defea After dealing with the three dant published the libel, that the words as for the Home, our Hon. Treasurer instances of differences of opinion be were defamatory, and that the defendant Mr. Now, Bower, having passed away, 2 his good friends, and wished the tween the matter could have been settled out at sworn to Plaintiff and the defendant," aafsted maliciously. As regards the
by the plaintiff, and
pointing Court. As to the incidents in the ofien Davidson said that from that point on On the second point, bir. Davidson had
out how trivial these matters "were, Mr. point, the defence had not contended that few months ago.
defendant did not publish the words. Your report is must interesting. I am on the morning of August End., he could. ward the plaintiff' speak to the conversation between "Ab that the cet estion had been made point, and the plaintiff's case was that editing the September Magazine, as I T'e case wils not very admitted the innuendo up to a certain seading a copy of it to the lady, who in The s honest. Kau and the compradore and nothing more clary after this action was com- words were definite" in themselves or refused to advance the words contained the meaning, money to the plaintiff on account forth in the statement.
feel are she would like to insert part of we. He had not noticed anything else meneed. The compradore had stated that Cheng, Lok Yue, a clerk employed by he put up a notice saying that he could (Mr. Lo submitted the innuendo H
not make any
Lo) submitted that
We are indeed Mesars Hastings Bad Hodge, said that, Brm's enployés,
d most grateful to over- mich
cas branabes for their most generous to have misunderstned Ab squeeze
Kat, whether there Bupport-Yours faithfully,"
statement
was going on in the "uffice or The defendant was angry with the Kau's conversation to suit his own ends plaintiff, and therefore he construed" Ah He submitted that the Court, must find
on
10
(the compradore's) duty, to report to Mr. Hodge. The defence any not have proved that the words were used by Ah Kan, but the plaintiff had totally failed to prove that the words were not uttered by Ah Kau.
t
with ope
ů
the
to
of
first
defendant
the morning of August 2nd. this rule washer advances to the had acted maliciously. He was tod
There
to, so that to he took Ah Kau to the compradore malice by the defendant against the
matter in support of a plea receive his money. The com. plaintiff was distinctly unfair. pradore asked Ah Knu why he would was also an attempt to show that Mr not give him ang commission, aid that, since the action was commenced Mr. Hodge was biased against the plaintiff' Ab Kau, after explaining that the bill, (Continued at font of next column.)
of
D
a
not
for the plaintiff..
Judgment was reserved.
ISABELLE JOHNSON
8.0.5. arrived. Hardly know how to 7.S-Telegram in response to one
thank your branch for such great liber- ability.
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