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SHANGHAI LIBEL
CASE.
PROCEEDINGS AGAINST
THE SHOWDOWN.”
A Vary Intricate Matter, Defendant-1 have not had suth- elent time to prepare my defence. It will take a great deal of thought and reading of books. I am not nequainted with law and the Law of Contempt of Court is very in- tricate. The article published in the In H.M. Supreme Court, last Showdown immediately preced- week, before Judge G. W. King, ing the affidavit complained of ex- Mr. W. Druce Lockhart appeared to plained precisely why I published answer a motion that he be com- it, and I published it in good faith. mitted in connection with the pub-I am as much entitled to protect lication in the Showdmen of mat my name as Mr. McBain is his. ter affecting the libel action brought
The Judge:-Quite. against him by Mr. W. R., B. McBain and now pending. Mr. Reader Harris supported the mo tion and the defendant attended in person.
On Mr. Harris rising to make the motion, says the X-C. Daily New, the defendant interposed, stating that he really had not had time to Ale an affidavit in answer to the summons. Had he replied, it would have meant the stoppage of the publiention of his paper,
The Judge:-You have had five days.
Defendant:-I practically only had up to 12 o'clock on Saturday, It was really only 72 hours and I could not file an affidavit in that 411174, I ask for an adjournment until next Monday.
Mr. Harris I do not wish to do anything to prejudice the defen- dant. If you think thers should be an adjournment. I only ask for an order that no publication be made beyond what has happened in this Court. We do not want any more published than has been already.
Defendant-I will give an un dertaking not to publish anything, pending the hearing of this
tion
mo-
More Time Wanted for Dalence. The Judge:-What particular ad- vantage would there be in filing an affidavit. I am quite prepared to benr it.
.
Defendant: A great. many things have gone round town about this.
YACHTING.
5TH CRUISER CHAMPION- SHIP.
The 5th Cruiser Championship race took place yesterday and was won by Snipe.
Tathang Rock (S.). (2) Green The course was as follows:-(1)
Island (S.). Distance: 24 miles. Started, 10.05 a.m."
Results.
Pts, to Fin. Cor. date.
La Cigale, 3ft,"
W S. Clark 4.35.09 4.38.02 33 Azuma, Mr. E. B. Lambert
The Judge:1 am not prejudg.
ing the case, but one of the reasons you give for publishing the affidavit in Chambers is that, in fairness to yourself, you should publish your affidavit. You say:I published McBain's affidavit and, therefore, I am entitled to publish my over.” It is very ingenious. I say you should not have published McBain's in the first case, m
Defendant:--Mr. Harris or his client was responsible for publish ing their affidavit. He said he had told his friend that he was going to prosecute me criminally.
The Judge:---I don't know that he said that.
Defendant-He admitted it to
you.
and I. Mr.
6.20.02 3.36.35 23
H. S. Rouse 5.10.49 4.50.50 62 Coquette, Mr..
5.98.97 4.38.12 34
E. E. Benham 5.52.53 3.03.00 33 Norseman, Mr.
S. Bird Curlew, Major J. G. Tosh Saine, Mr. B.
Montague Ede 6.43.57 4.19.49 33
6.00.00 5.02.01 30
MENAGERIE RAĆE,"
Haig
COTCH WHISKY
JOHN HAIG & Co. Ltd.
(Owning hag Haig, id)
MARKINCH, SCOTLAND,
JOHN
MARKING
Consumers are requested to see that every bottle of John Haiy Gold Label Whisky as supplied by us bears the foot label. thus: "Gande Price & Co., Ltd., Sole Agents for Hong Kong."
6,
ISOLE AGENTS:
This race was sailed on Saturday, GANDE, PRICE & CO., LTD.,
starting at 2.45 p.m.
Course Chainel Rocks (P.), Mark on Line (P.), 3 Kowloon Rock (5.), 4 Channel Rocky (S.). Distance: 7.4 miles.
Finished. Corrected.
1. Bonjum, Mr.,
A. Pickering 6.12.13 2. Halcyon. Mr.
W. D. Russell Lorena, Mr.
M. Brunsguard 5.50.20
4. Ta Linda, Mr.
Judge Rathor Surprised. The Judge:-I was rather sur prised to see a copy of your paper with all the proceedings in it. I don't say it was an offence; yet: kut it WDS extraordinary. Mr. Larris, have you any real objec tion "to this adjournment, on the undertaking that nothing is pub- lished I will not give an adjourn. unless I have that under-
Defendant:-Of course, I won't Daphne and
finish. publish anything.
ment
taking.
"of
3.35.39
12.50
3.55.30
3,50.20
6.00.4-1
4.14.33 6.13.04.2
A. I Shield 0.07.59 3. Diana. Maior
W. G. Mile, R.M. Aslanac, Bluenose. Windy, Gael, Dorothea did not
You will give an under- ITALIAN FORCES ADVANCE.
Defendant-I am defending my- self in these proveedings and I real-course.
The Judge. There is no ly need a little more time to put in a defence.
taking.
The Judge:I am ready to hear you on your defence. If you, think, after having heard Mr. Harris say that he does not want to prejudice you, that you are prejudiced, I am prepared to consider the point. But what particular disadvantage would it be to you for the case to go on now, I am prepared to hear your application. They are asking for guur committal, or, in the alter-
Mr. Harris said that he had no serious objection. Mr. Lockhart was defending himself and counsel' did not want anything done to the defendant's prejudice.
Defendant:-If your Lordship wants to go on, I will withdraw my application.
The Judge:-No: you have made. M.
native, that you pay the costs of On the Judge suggesting a lar this application and that you being on Thursday, the defendant fned, and for an order that you said that would rather go publish no more about this civil case straight on. He would withdraw until the hearing of that ease. An his application if he could not have affidavit in reply I imagine would a week. "If you prefer to go on only contain what I am prepared to|-to-day.
After further consideration, the
FLAG HOISTED AT PEZZIN.
(THROUGH REUTER'A AOENCY.]
ROME, January 25. The Governor of Cyrenaica 're- porta that the Italian forces have hoisted the Italian flag at Morzuk, the chief oasis of Pezzan. n place which has long been aimed at by the Italians.
St. George's Building, Ice House Street,
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HONG KONG.
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bear you say now in open Court. The Judge:-It is not what I Defendant:-This affidavit of Mr. prefer. It is what you want. "It Harris's, ia Section 6, referred to is ny duty to be in Court. the proceedings in Chambers beforef yourself. Section 7 also does so, Jure idol adjourn the DASHER, Very Good Central B Office Hours. Would undertake End Mr. Harris refers to certain hearing until Monday next at 10.30 things which happened in Chama,m., with the undertaking that it lers, and I gave an undertaking notis clearly understood that nothing to refer to anything you said in Chambers, I ain prejudiced to this garding this or the other case.'
will be published in your paper re- extent, that..Mr. Harris cm refer to what took place in Chambers and I cannot, and I wish to state my own understanding of what took place.. I take very great, exception to what Mr. Harris days in his affidavit. You are the only one who can decide, because you know what happened.
ing about the McBain matter at all.
Defendant:There will be noth
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The Judge: Mr. Harris says he is a member of the firm of White- Couper & Co. and you cannot take The second game of the Caer exception to that. He says an action for libel was commenced and between the Club de Recreio and Clark Cup Competition was played prior to this action he applied on behalf of the plaintiff for a sum-
the Hong Kong Ladies Hockey mens to take criminal proceedings.
Club on Saturday at King's Park. INTER the Trial For Sale, One That is a statement of fact. He attacked most of the time, with a
During the first half Hong Kong 1929 O.E.V: 490 cc. Norton. Just decoked, Very Fast. Reliable. states that you filed an affidavit, and that is a fact. He states that,
few occasional raids by the Recercio. Flectris Lighting. Will guarantee.
From a clever combined attack in
2450 or Nearest offer-Apply Box 8911, on the date on which the case was
(8911 which all of the Hong Kong foro Hong Kong Daily Prou." heard, you published the summons and affidavit in support. You pub-opened the scoring with
wards participated, N. McNeille lished in your paper on that morn-
shot ing a notice of the proceedings in
which gave L. Xavier no chance, Chambers, which had not then been through A. Rozz, but E. Gray The Recreio then made progress heard. That is a fact.
cleared and returned play to the What London Papers Do. ather end. Several unproductive Defendant-I did not under- corners fell to Hong Kong, the stand that I had committed an error Recreio defence proving safe, and ja publishing that. I did not think L. Xavier in goal making two very I made an error in publishing the good saves. ammons. Every big paper in Lon- don does it.
The Judge: Then the statement was that the summons came on for bearing and you commenced to read an affidavit to which Mr. Harris objected on certain grounds. Then there is the statement that, at the conclusion of the hearing, the Judge made no order. That is a fact.
Defendant:-I-don't admit it is a fact that Mr. Harris objects to me reading an affidavit.
The Judge:-Well, how does that hamper you It seems to me the public are going to learn quite a
2.
Two minutes before the interval, from a good run and centre by I.' C. Bell, M. Smalley scored the second goal for Hong Kong.
Recreio attacked on resuming after half-time, and L. Silva-Netto reduced the lead after smart work between H, Roza and C. Botello. The Hong Kong forwards again re- sumed the ascendancy, and L. Xavier was repeatedly called upon to save. The Recreio retaliated, and were unlucky on two occasions in not scoring.
With only three minutes left for play I. C. Bell ran well down on
lot about what happened in the right, passed to N. McNeillie, Chambers.
who presented D. Stanion with an Defendant:-That is not my opportunity of which she made no mistake, leaving Hong Kong
fault.
The Judge: My recollection is ladies the victors by 3 goals to 1, that nothing further was to be pub babed,
Defendant:-I did not publish
any more.
The Judge: The present, motion is based on the very fact that you published an affidavit referred to in paragraph 6 of this affidavit of Mr. Harris's. It goes on to state that it is calculated to injure the plain- tiff. In all that, what is there that hampers you in defending, yourself to-day against this motion for your committal ?
The Club de Recreio, ladies show- ed distinct improvement over re- cent displays, and have the mak- ings of a good team. L. Xavier performed splendidly in goal, and deserves special mention. M. Alves was the pick of the halves, and M. Aoza and A. Roza two good wings, For the Hong Kong ladies "J. Lack was outstanding in a sound defence. E. B. Bell worked hard at centre-ball, and D. Stanion the leverest of a smart forward line, all of whom played well.
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[E248
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FRIGERATOR Wanted to Buy DUSINESS WOMAN desires Enter Any Good Maka Delivery about English Home & Paying Guest.
B Easter agreeable. Must be in GoodAddress, giving Full Details, Box Running Order.-Address. Box 8919, 8898, c/o Hong Kong Daily Pras
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