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HONG KONG DAILY PRESS, FRIDAY, JUNE 2, 1933
"NO CASE TO ANSWER"
JUDGES RULING ON LETTER IN GLOUCESTER BUILDING CASE
SECOND SLANDER ACTION TO BE HELD ON JUNE 14
"I hold that there is no evidence of express malice on the re- cord before me such as to deprive the defendant of privilege in- herent in the writing of the letter of the 31st of January and further that that privilege is not destroyed by the communication of de famatory matter to the lady whether that communication would, apart from privilege, have been libel or slander," sald Mr. Justice Lindsell at the end of yesterday's sitting in the case in which "Dick" Adamach is suing Mr. P. 1. Newman of Gloucester Build. ing for $1,000 damages arising out of alleged libel and slander,
"With regard to the incident of the 23rd February," said bls Lordship, "there is a case to answer." The hearing of this case was fixed for June 14,
Mr. M. A. da Silva, of Messrs. D'Almada Remedios and Silva, is for plaintiff, and the defendant is represented by Mr. W. A. Mac- kinlay, of Messrs. Deacons.
THE PLAINTIFF CROSS-EXAMINED
The first witness yesterday was Mr. Adamson, who substantinted the incidents mentioned by Mr. Silva in outlining the case.
Mr. Mackinlay, (cross-examin ing): You say that the letter of January 31 is a grave reflection of your name, so why did you wait until the end of February to clear your name?
1
Witness stated that lie learned that the chef had arranged to em- ploy all his Filipino boys.
Mr. Mackinay: Wouldn't that have been a greater incentive to clear your name -I considered an insult.
And if that apology and judg ment for nominal damages came at this stage of the proceedings would you still be satisfied?
Absolutely.
Mr. Gladstone's Evidence.
Mr. Arnold Frederick Gladstone said that he was assistant manager of the Gloucester Buildings (Resi-
dential). .
Mr. Gollman' of the Peninsula Hotel band was the next witness called and he also stated that in. his opinion the Gloucester Build- ing band was a good one and Mr. Adamson played the trumpet well.
Mr. V. L. Butt giving evidence as to what happened on February 23 said that he approached Mr. Newinan that day with a view to getting employment for a Filipino friend. Mr. Newman was, in the, lobby on the top story of the build- ing and almost refused witness an interview when the latter referred to the band. Eventually be asked if Mr Newman had a place fór n hand lender and the reply was "I am fed up with the orchestra, it is NO... good.
"Mr. Newman is also alleged to have said that the way Adamson played the trumpet was the cause of, the whole trouble, and that it was killing the band. He went on to say he was going to get rid of the orchestra and that there was therefore no "job" for Mr. Butt'a Filipino friend.
Mr. McKinlay in cross-examina- tion asked witness whether he was sure he remembered correctly what took place. Witness replied that he
did.
Mr. McKinlay: I put it to you that you saw Newman and you said you understood he was getting rid of Adamson, and he said he was, and you mentioned this friend of yours and the conversation prac tically ended there.
Witness: That is not what hap pened.
"No Case to Answer."
Mr. McKinlay at the close of the evidence for the plaintiff submitted that he had no case to answer. In He agreed that there were com doing so he said: I submit there plaints from patrons of the sticky is no case for me to answer either state of the floor and said he reas regards the alleged libel and ported them to Mr. Newman and slander of January 31 or February the floor was put in order. There 23.
And yet you did nothing about it. I put it to you quite frankly
Referring to the changing room that the reason you did not take incident, witness said he could not any action until the end of Febru-recollect that Mr. Newman objected ary was that it was not until the to plaintiff asing his, witness', end of February that you were certain that you were not to be re- engaged. That is why you brought this impudent action isn't it-No,
it was not.
His Lordship: But why did you wait four weeks before you demand- ed any remedy through your solici- tors? I had nothing to speak to Mr Newnan about. I thought he would do the speaking.
were very few complaints after I will deal. first with January 21. My first submission is that that.
there is nothing in that letter that The definition of is defamatory. libel is the bringing into hatred, contempt or ridicule of any person, and I cannot see anything in that letter that would bring Adamson into the hatred contempt or ridicule of any person. In fact, I submit that it is the duty of an employer who dismisses a servant to state the reason for such dismiss h
room.
Mr. Silva: In view of the fact that this witness is the sub-manager of the Gloucester Building, and that he denies a statement that Mr. Newman was supposed to have made to him and which he told plaintiff, I must ask your Lordship to allow me to treat him as a hot tile witness.
Mr. Mackinlay: I object to that. Mr. Silva: I am asking your Lordship this, in view of the fact
to plaintiff.
Mr. Justice Lindsell withheld his decision until Mr. Silva had asked further questions on the point.
The second point I submit is that my friend has proved no publica- tion of the slander."
The writing of that letter in admitted and I have pleaded the occasion as privileged and therefore
been malice on the part of my client. There has been no evidence to that effect.
Why did you wait four weeks unless it was in the hope of being re-employed 1. I was told the Fili-that he has given testimony incor-my friend must prove there has pino boys had been reengaged. Isistent with his previous statements was also offered a job from Java and was expecting & reply from them in answer to my cable as to 1 expected that reply Tates, etc. in the early part of March.
His Lordship: It seems obvious that you didn't take action at the beginning of February because you thought you might be taken on again.
Mr. Silva: Did you make a state: nent to plaintiff that Mr. Newman objected to your giving him the use of your room-No, very definitely. Mr. Silva repeated his applien- tion for permission to treat the witness as hostile.
I had no idea of being taken on again.
Mr. Mackinlay: I very strongly His Lordship: You stit do not object. He is a sub-poenaed wit
Ile is put in as a witness to explain why you waited four weeks.ness.
Mr. Mackinlay: What damage tell the truth and his answer should have you suffered from this blow be accepted. to your reputation which has been inflicted upon you? single instance of any sort of damage consequent Drake seeing the letter "written to you by Mr. Newman t
Is there a His Lordship refused Mr. Silva leave to cross-examine or treat him Mrs. as hostile.
пред
There certainly was damage. heard about it from other sources.
I
But can you give one instance where damage was caused by Mrs. Drake seeing that letter?
Witness replied that he had heard a lot of things said about him out
side.
Mr. Mackinlay Have you lost any contracts because Mrs. Drake saw the letter7-No matter where
Referring to the matter of meals
My friend in his opening put for ward a number of instances as ex- press malice. The first is the differ- ence between the verbal and written
agreement which plaintiff says he was fraudulently made to sign. My submission is that the verbal ar rangement is the terme which he was asking and I further submit: that my client induced Adamson to sign this document is untrue.
The second incident which was adduced in proving alice was that it was alleged that Mr. Newman objected to Gladstone giving his room to Adamson, Mr. Gladstone
utterly. was called and he disproved that
The third was the remark alleged to have been made to Mr. Gludstone
that "Adamson had not been able
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for the band, Mr. Gladstone said they complained and in consequence a special menu was drawn up for to hold his crowd." Mr. Gladstone them. He thought it was correct said that he never heard defendant
of the Colony, bab that only Mrs. Then there is the alleged taking Adamson was out. that the boys had on some occasions make such a remark.
The China New Year incident refused to serve the band but could not give details. He also recalled way of the band and the interview instances where patrons had asked which Mr. Arrevelle is said to have might have been taken up, and I had with Mr. Newman regarding submit that it might have happened for ball-room powder to put on their shoes but did not remember the question of engaging a new as given in evidence though it might Mr. Newman remarking that the band. Mr. Arrevello had been call have been grossly exaggerated. Mr. band was one of the finest in the ed and he has denied these inter Arrevello has been called and he was unable to substantiate the re- Colony.
marks at all.
views.
Then there is the further sugges Witness also denied that he was
With regard to the signing of the present when defendant said that tion that my client had not allowed Adamson could not hold the crowd the band to play until he knew that receipt, I cannot see what malice Mr Adamson was out of the there was That receipt was in full with his band. He agreed that re- Colony. Mr. Gladstone had already satisfaction of all claims against Iations between defendant and plaintiff were strained and said told your Lordship that he did not the Company. We freely admit, the reason was the complaints made tell Newman that Adamson was out that it was done and it was possibly by Mr. Newman of the band and especially of the trumpet playing.
A Yellow Musician's Evidence,
go, whether in Hong Kong or anywhere else it would mean a lot to me to have my name cleared.
Attacking Gloucester Building. Mr. Mackinlay: I put it to you that generally speaking, while cer- tain incidents in your evidence may be true the general fact is untrue and this action is merely
Evidence was given by Mr. Lope an endeavour to get money out of the Gloucester. You were distniss Sarreal, band leader of the Penin- ed and you knew you were dismiss sula Hotel, who said that he had. ed and you have, brought this action heard Adamson on several occasions thinking the Gloucester Building during the past ten years and had would rather pay you" than come heard him at Gloucester Building, here and stand the publicity. You He thought the band, was as good are a very disappointed man that as most and better than many in this case has come into Court
I am not suing the Gloucester Building.
No But you, are euing the manage ment and taking good care to bring out every incident that makes good reading and that might reflect dis credit on the Gloucester Building.
I have not brought them all out. Re-examined by Mr. Silva, plain- tiff said the purpose of the action was not to get money as had been alleged. If he had obtained an apology in the first instance he would have been satisfied.
Mr Silve: And your solicitor in open court mid you would accept Lan apology and judgment with nominal damages, Would you have been satisfied if you had got that I
Yes.
the Colony He considered the music good and thought that quite a few new numbers were played, and added that on some occasions members of witness' band had bor rowed orchestra music from Adam- son's band.
Mr. Silva: If anyone had said that the Gloucester music was un- satisfactory, would you agree 7- Not the way I heard it
You are a leader of an orchestra at present. If anyone, said any. thing to you about your orchestra would it effect you as the leader of that bandt-Sure...
Mr. MoKinlay: On being asked to cross-examino said he had no questions and added. I only wish there were more people here to thare his opinion."
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some slight excess by Mr. Newmani of his authority but there is this point; they asked their solicitors what was the proper course and they were told, and they handed the cheque forthwith.
The suggestion that it is evidence of malice to re-engage the band without re-engaging Mr. Adamson could not be upheld. Such a step showed that Mr. Newman merely. thought that it was Mr. Adamson who was killing the band.
I will submit," said Mr. Mac--
(Continued on Pepe 1.) kinlay," that on the story plain-
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