Page
THE DERGY SWEET LIBEL.
ACTION.
非
MR SYDNEY QUINN AWARDED $10,000 DAMAGES.
The dibet action in which Mr. Sydney Ng Quinn and Mr. Chis Soong Ling för lill bras terminsted pesterday, the Special Jury Anding for Mr. Quinn to
the extent of 840,000 damages.
The case, arcse out of the Chinese Clab
THE HONGKONG DAILY PRESS, THURSDAY, SEPTEMBER 11TH, 19241
ANOTHER LIBEL ACTION,
ECHO OF THE RABBITT CASE
CLUM FOR $1,000.,,
CARGO IN CESTON,
THE IMPENDING DEPARTURE Continuing, Mr. Blake said that he OF DR. SUN YAT SEN. need not carry on with the history of this cargo. For the following few years it had
[FROM OUR CHINESE · CORRESPONDENT:} A tibel action concerning the publics-even yet not been completed. The posi- to leave Canton under the pretext of remained in Canton and payments had tion of a letter on June 4th of this year tion came to a crisis early in June of this leading an expedition against Peking by That Dr. Sun Yat-sen will be allowed
was opened in the Summary Court, yes- year. Newspaper propaganda was begun way of Shiukwan has been agreed upon at Hall, when Messrs. Davis & Co., Ltd, Mr. Rabbitt wrete a letter or article to will not be forcibly insisted upon until terday morning before Mr. Justice Dyer on the question of accounts. On June 3rd a meeting near Fatsban. His departure and James A. Rabitt as plaintiffs claim-the newspapers of Hongkong correcting the Full Moon Festival (September 17th)
·Sweep-stake on the Hongkong, Derby in/rt $1,000 for allegeil libel from Samuel certain of the charges made and the anis över, it is said, but according to latest
ipen, wheat tipure were two glajunts of the Grat pe ter
golinting przested as result of which the defendant in the -present libel action was awarded the prize by the Rosin of Acbitmiar's,
In the entire of the arbitration p creding
hai were judged and Foong of the eables despatched by the defendant occurred the following words t
H. Wu. The defendant was ant present in Court neither was he represented.
According to the writ the alleged libel- lous statement appeared in the China
Mai and was as follows:--
Of what James A. Rahitt has said, certain" portion of their cargoes were de Slivered to our Government against the Tite General Chan Wing-sen's receipt was only a feind (?) statement. Theet car- goes that bad been delivered to the late General Chan Wing-sen weft against additional payments and these cargoes were something else, such as ready-made gunpowder,, Thompson machine guns, rifles and Startridges, etc., which ceunie from the very same steamer Wantrichru and were landed up to Whampoa. "
Now Ng had personally handed valueless ticket Nal this to tholicor. According to these citeamataues; Ng Had meviously received a telegram free Hongkong and used tricks to sent me which is in 'punishables' These word formed the basis of the action for lebel.
reliable statements. He pointed out that the cargo bad tly arrived in Canton and that certain portions had been paid for and delivered. On the "following way the letter complained of, signed by Samuel H. Wu, was published in the local news papers, containing the libellous state ment.
reports Dr. Sun way take his departure
the lath.
At first Dr. Sin Yat-sen, through his Secretary of Foreign Affairs, Dr. C. C. Wu, wished to receive $2,000,000 before going: but the gentry of the leading vil- lages through their representatives in Canton, would not pay any more money directly to Dr. Sun, Upon the depar- ture of the mercenaries alsą, following that of Dr. Sun, it is understood that an effort would be made to procure their travelling expenses.
Mr. Blake said the insinuation in this fetter was that Davis Company had falsi- fied their neecunts and bad charged 8438 as the price of part of the machinery, whereas really it was a different herrain, I His Lordship: The English is not good I suppose you mean this is the ianucado. The plaintiff was represented by Mr. The word used is teind." 1. H. Blake.
Mr. Blake: I think that that implies Dr. Sun is the national chairman, see falsehood.
When the case was continued søsterday The evidence of Mr. Nabbitt (taken de morning, Mr. Potter, K.U, for the plain- Geue esse) was read. It stated that he Lia, Carti 14. *14 nary of the had gone on board immediately the ship L'enimittee of the China Chris
He in arrived on Canten on November 21st, formeil the dag that on the day of the 1990; that he had been on bail, when macy he rang up. Mrs. Quinn (ie plain General Chan, Wing-sen arrived on board tiff's mother) and informed her that they
on the morning of the 2nd and that the hart wow the 5rst prize. Later he said, Ms. Li told him that the winning tickarge had then been checked against the
packing lista supplied by Daris & Con No, 2006, belanged to Mrs. Violet Chin "(plaintiff's sister) but that the ticket any. It also stated that he bad been on board when the earge was unloaded
could not be found
༣༣
Mr. Blake, cuttinuing, suid that it was quite false that Davis Company smuggled arms and ammunition; and evidence on behalf of that was that the ship's mini- fest was found to be in order, showing that there were no such things as those alleged on board.
The less unpopular. merabers of the Kuomintang Political Party of which
making arrangement to carry on the gov ernment of which they have gained control since early 1993 through the aid of thè mercenaries Dr. Sun brought with him. The Daines suggested for the new govern. ment in Canton include Dr. C. C. Wa, Mr. Lin Sun, Mr. Tang Chakya,or General Hsu Chung-chi, for Civil Gover- A DAMAGING, STATEMENT
nor, and General Ngai Bong-ping or Mr. The fact, said Mr. Blake, that the two make his farewell to the Cantonese libels were damaging to both plaintiffs in graceful, Dr. Sun Yat-sen will announce a home rule policy for the people of Kwangtung, the abolition of some of the obnoxions taxes, and the election of municipal officials by popular vote.
in the presence of a Chinese Maritime; their pronfession or business needed but My." Bration, recalled, produced cor-
Customs Official, and that it was to the little comment. A statement that a frm Adown best of his knowledge untrue that any or consulting engineer, acting as agent and the Chinese Club subsequent to the cargo other than that manifested on board for a firm, would assist in the falsifica finding of the ticket in February last had been unloaded. It was also absation of accounts was a very damaging They informed hint through Messrs intely, untrue that there were gunpowder, Gac, also that a firm engaged in the im- Lo & Lo, Soliciter then the (al contachine-guns, rifles or ammunition on port and export of machinery was also not are their way to take any further heard. Such a cargo would occury six- "steps in care matter.
His Lordships T Arbitration of the ship would permit gunpowder to teen thousand cabię fect and no master purely inform.1, P that no fegal status
Mr. Potter: Yes, my Lord, every withe carried without a permit. ness was either sworn or declared and amcone there, was guilty of perjury.
His Lordship: Un what authority, did this body have power to put a man on his Mr. Potter Under the Arbitration Ordinance
His Lordship: Oh, 1 didu'r know that
outh?
It is new to me.
A
also head of the labour division of the Civil. Governor Lino Chung-hoi, who is Kuomintang Political Party, has ordered engaged in smuggling operations. No
al magistrates under him, about 19.of bank or manufacturing firm would be con- A man, like defendant, who had abso- $3,000 to $15,000 for Dr. Sun's departure. nected in business with such a firm the 90 in the province, to raise from lutely no authority to make loose state- meats such as these, was deserving of severe penalties, but in order to obtain speedy judgment his clients had brought the action in summary jurisdiction rather What they desired was more to clear than take it into. Original jurisdiction.. themselves of the implication than to get exemplary damages.
FLIGHT OF DEPARTMENTAL HEADS.
Dr. C. C. Wu, Secretary of Foreign Afairs Headquarters, is now the only chief of to Dr. Sun Yat-sen's General
principal departments remaining with the Generalissimo. All others have gone Mr. Powrie's evidence (also taken
away from Canton. Mr. Yeh Kung-cho, de bene esse) had been unavoidably mis: Secretary of Finance, has not been in found he would consider it and it any-Secretary of Reconstruction, left Canton laid and his Lerdship said that if it was Cauton since last January. Mr. Lin Sun, thing arose out of it he would have to
Mr. Blake explained that Davis Com. pany, Ltd., were registered in Hongkong as importers and experters, and in their business they largely dealt with engineer ing matters and the supply of machinery They had in times past supplied machia ery to Canton and various peranas includ- THE BOY.
ing the Canton, Goverument. Mr. Rabbitt Evidence taken Commission at oh
was their consulting engineer und he was Shanghai was then read. The manager also the manager of a corporation hamed of the China Specie Back told how he the J. A Rabbitt Engineering Corpora bought ticket No. 3464 on December rd. tion of New York. In 10, Davis Com Yeung Sing Tai "was his "boy prior to the arbitration proceedings. He was any secured the contract for the supply paid $10 per month. He was now the of certain machinery to General Chan proprietor of a shop in Shanghai for Wingsen. which, be paid several thousand dollars. Defendant's nephew misappropriated Mr. Blake explaining the details of funds of the Bauk and a warrant bad this machinery. Mr. Blake said said that been issued for his arrest. Defendant it was 1,300 tons dead weight, or 3,000 called on witness and signed a promissory tons space and consisted of electric light note for $5,000 in order that further plant, chemical instruments and other PONDEROUS EXHIBITS AT THE proceedings should be stayed. Defend materials which required very careful Ant's nephew also gave evidence before handling The packing list, which Davis Company had supplied gave the contents
the Arbitrators.
THE DAMAGE,
5
Bir. Potter said that he was prepared to accept the onus of proof in the absence of the defendant. He then addressed the
jury on the question of damages, point ing out the gravity of the offence. Plain. Liff had been accused of theft, he had been expelled from the Club, his reputation and character had suffered severely and he husked them to award large, heavy and vindictive dawegen
JUDGE'S SUMMING EP. His Lordship in summing up, said the erucial point of the case was December 4th, and if they believed the evidence of Mr. Chan, Mr. G. K. Hall Brutton, and the plaintiff. then they must come in the conclusion that Mrs Chan was the ightful possessor of the ticket and that i could not have been sold to the de- fendant of January 4th or 6th either. Assuming that they accepted the evidence of plaintiff and believed that Mrs. Chun was the possessor of the ticket, it would seem that whatever defendant thought, number different (No. 3078), his elnim for his figures of bis ticket bad only one
THE MACHINERY
consider it with Mr. Blake. He would last July. General Hyu Shao-tseng. also have to consult Mr. Blake in the Secretary of Home Affairs, went away event of the evidence not turning up,
in the middle of August when he failed
+3
JUDGMENT RESERVED.
THE FOUR ANCHORS.
р
to accuring the release of the arms to His Lordship reserved judgment, sule the Canton Merchant Volunteers. Mr. ject to these considerations.
Ching Chiem, Secretary of War, resigned a fortaight ugo, complaining that Dr. Sun had embarrassed him by over-ruling Merchant Volunteers to import arms and his act of issuing permit to the Canton
Ammunition. Mr. Wu is remaining in Canton, it is reported, to see whether or for the office of Civil Governor of Kwang not he will be successful in his candidacy tung to succeed the present incumbent, Mr. Lino Chung-hoi, who has become extremely unpopular because of his re
CENTRAL COURT.
of each package whereas the ship's mani. Three Chinese were brought before Mr. festo would only give, in general terms R. E. Lindsell at the Central Magistracy the contents of the cases.
yesterday afternoon, charged with receiv Mr. Blake said the ship's manfest, the ing four anchors, knowing them to be packing list, and all, other particulars re-stolen property. One man was charged lating to the cargo were with the Chi-in respect of two anchors, and the other nese Maritime Customs in Canton and two in respect of one caeb.
vent support of Dr. Sun in his attempt Mr. C. E. S. Brooks prosecuted, and strike of Cantonese merchants. Mr. Wu to bonbard Canton during a general naturally Davia Company would not have the shipping paper aftor so great a lapse Mr. J.T. Prior was for the defence.
The four anchors, large affairs of a is not a Bolshevist and is not getting the His Lordship Cannot you subpoena very ponderous appearanen, lay an the support of the communistic fiction of the
floor of the Court.
Kuomintang, but this should be in his favour.
of time.
the Customs?
Mr. Blake: I am afraid they are out- side the Court's jurisdiction.
THE FLOODS IN CHINA. A statement issued by the China Inter- national Famine Reliet Commission
A Chinese junk-master, employed by the Li Yik Company, a firm of shipping Mr. Blake emphasized the point which contractors, and the owners of the an had been brought out in Mr. Rabbitt's chors, gave evidence and identified the evidence as to a cargo of guapowder, guns latter as the property of the firm. and ammunition, to the value of $400,000 Det.-Bergt. Whelan, in the witness-box, gold dollars, taking up a space of fifteen described how, with a party of detectives thousand cubic feet; also.as to the pre-and the last witness, he went on board states:-" sence on board of representatives of the the junk of the first defendunt. There Chinese Maritime Customs. He claimed was one aschor hanging over the ship's lief Committee has asked for 8500,000, The Kiangxi International Famine Re.. that it would be impossible for a cargo side, two or three deck, and two in the in addition to of such magnitude to have been unload-hold.
over $100,000 which it All the anchors looked very already has on hand, for flood relief in ed without the fact having been known. I similar. The two in the "hold were Such a huge cargo could not possibly have brought oa deck, where they identifed the province, which was one of the three board the boat had been taken delivery each of two other junks, those of the mission, has gone to Nanchang to make been smuggled. Certain of the targo on as belonging to the Li Yik Company. On hardest hit by the floods of, the summer.
Mr. O. J. Todd, engücer of the Com- was made thoughtlessly, carelessly, or of at onte and receipts were given. Later two other defendants respectively, ana through investigation into the condi
these temporary receipts were aurrender- anchor belonging to the company. xations in Kiangsi and draw up a pro- Defendant must have shown he woulded and a clean receipt was given signed found. have difficulty in proving his glaim for by General Chan Wing-sen. There was In a short address, Mr. Prior sub- gramme of relict. He will spend about according to the evidence, he paid a man no question as to gunpowder, rifles or mitted that there was no evidence of members of the local committee and then a week going over the flooded area with to give evidence in Hongkong to the ammunition.
guilty knowledge against his clients. Eis Worship observed that he was inclined to will return to Peking to make his report. It is expected that the relief there will largely take the form of the rebuilding of dykes which have been destroyed.
*sen fraudulently,
-effect that he actually saw the number of
the ticket. He advised thein ta disregard.
the Gading of the Arbitratora. They dil.
(Continued on next Column.)
agree.d
Mr. Brooks thereupon submitted at some length that there was such evidence.
not have the same evidence in front of them as the jury had to-day. They had be a swindler. Mr. Quian was a business Why, he asked, did the first defendant to consider, if they believed tho evidence man, and not be least of the assets of keep the two anchors in the hold? It of the plaintiff, the question of damages. business man his honesty. The stain was obviously, said Mr. Brooks, a caso Plaintif claimed the good round figure on his character would follow him all of guilty conscience. of $50,000. In coming to their decision, over the world, for his activities were His Worship reserved judgment until I would ask them to consider the action not confined to Hongkong. If they be Saturday morning. of the defendant. He might have lieved plaintiff's evidence, could they thought that he was the winner, but he believe that defendant paid this man sent a telegram frankly accusing plain Yeung money, at the same time thinking tiff of theft. Any decent ordinary man that he was putting forward a righteous would have sent direct to the Committee demand Plaintiff had been greatly in saying that he claimed the first prize,jured socially and morally, and if they Mr. So and So might do the same and believed his story they should, award - would they withhold payment until the vindictive damages.
matter was settled. Any Committeo on receipt of a telegram of that "naturs
the
JURY'S FINDING-
LINER HITS JUNK. FISHERMAN, PLACES DAMAGE AT $1,000.
The owner of a Chinese fishing jank has reported to the Harbour Master, that morning, luckily without buman casual his craft was run down early yesterday
would have refrained from making the Jury returned to Court, the foreman After an absence of ten minutes the payment. If the jury were in Colony at the time they would remember anouncing that they found in favouries, by the 8. President Madison near the wide publicity that was given to the of the plaintill. awarding him $40,00 nginn Light-house.
case. It was much to the detriment of
damagea.
The Special Jury
plaintiff when a jury of his own. Club W. H. Fell forem
members practically pronounced him to Lauder, B. T.
(Continued an nest entwines, a W. A. Brows
The junk, which mustained a broken prised: Messrs mainast, ripped sail, and other damage, F. Aucott. Paused in all at $1,000, was towed into 8, R. Murah | Jong Harbour by the President sampkin.
In Hunan conditions are so difficult that no less than ten trained investgiators the flooded areas by the Hunan Com have been sent out to make reports on mittee of the Commission. It is expect ed that these reports will soon he com- pleted, after which recommendations will be made and a programms of relief mea- sures drawn up. It will not be possible till then to estimate the amount of money 'needed in this province, which has also auflered heavily."
Owing to the different nature of the country, the food came there with a great deal more violence than in 'Ohili. It is a billy country with many streams which destruction to all in their paths. The became raging torrents carrying complete water did not remain over so wide an arcu as in Chihli, but was level with the caves of the houses were it did rise.
The Commission is planning the re- building of dykca in Hunan, and it is also proposed to make advances of seed rice on a Joan bázis -
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