*
LIBEL SUIT AGAINST
NEWSPAPER
Retired Master Mariner
Awarded Damages
The publication of a letter which appeared in the "South China Morning Posts" of August 21. 1934 led to a claim in the Supreme Court yesterday brought by Robert Rae Cuthbert, a retired master mariner of Holhow against the "South China Morning Post," its General Manager. Mr. Benjamin Wylie and "a third defondant, «James MacPartland.
||
The claim alleged that MacPartland was the author of the letter printed and published by the first and second defendants who, on their own responsibility, pat on the heading”—And a Warning” which letter was understood to mean that plaintiff by by trickery had fraudulently obtained monies for the avowed purpose of developing a mine knowingly and fa sely alleged by plaintif to be rich in high grade ore.
Md. F. C.. Jenkin, KC., instructed by Mr. D. G. Strellett. of Geo. K. Hall Brutton, was for the plaintiff, and Mr. Eldon Pot- ter, K.Ü. Instructed by Mr. M. H. Turner, of Deacons, ap- feared for, the defendants.
Plaintiff, who stated that his credit and reputation had been much. Injured by the publication of the letter and claimed $25 - as "general damages," was awarded $5,000 by the Chief Justice. Mr. Justice A.DA. MacGregor.
000
The letter. which appeared In the "South China Morning Post" on August 21, 1934 was
fol- lows:
•
+
owed $46 or so by Cuthbert for his services. Не W35 not paid that money on an occasion when Cuthbert was in Hong Kong, and he also gathered that Cuthbert was going over his head in taking his scheme to Sassoon's hands.
Serious Accusation Thereupon MacPartland terately and most maliciously published a very sericus accusation of crime
against Mr. Cuthbert.
dell-
"Str. - I ค wondering how many of your readers rave me. 'Micky of the Mines. and with what result. Micky of the Mines, j as I have christened him. has a wite whe claims supernatural power to the extent of being able to communicate with the spirits of the departed. who inform her of coming local events, etc. Mo-meaning only, that meaning, cow dame the Medium' and the spirits admitted. being that Mr. Cuthbert have told Micky where untold
was a trickster and fraud. treasures: in the shape of a mine ecntaining high grade minerais. are to be found. 'Micky' has in- duced several Master Marmers to entrust him with various sums.
ranging from $1,000 to $5.000 for the development of the mine.
"Micky has succeeded, during
the past two or three years obtalaing some $17,000 for deve- lopment purposes and might have continued had he not approached a well-known local resident. an old time, prospector, who decided to give the El Dorado the 'once over. It took him 22 days
to And out all about it. and his pri- vate opinion. the result of his in- vestigations. is the reason for this letter.
sald Counsel. The letter had one
When Cuthbert came to. Hong
Kong to follow up the letter, his solicitors wrote to the paper de- manding
3 full withdrawal and
apology and the name of the au- thor of the letter. The newspaper repiled "that as a result of further
oxered
D
HONG KONG DAILY PRESS, FRIDAY,
OBITUARY
Miss E. L. Batalha
The funeral of the late Miss Edan Letitia Batalha, who died at the St. Francis Hospital on Wednesday at the age of 24. took place at the Roman Catholic cemetery. Happy Valley, yesterday
neming. The Very Rev. Father G. M. Spada. officiated at the graveside.
THE PEAK CHURCH
New Committee Elected
MAY
31, 1935.
RETURN OF THE
TWINS
To The Gloucester Lounge
coveted assets of modern times and this
The Annual meeting of the Peak Church was held in the Cathedral
"Originality is one of the most Hall yesterday." Mr. J. W. C. Bon-people who are entitled to nar was in the chair among those description are indeed lucky-such present were Lady Pollock, Mr. as the famous Twius, Oval, and Tine, known the world over as the Baines (secretary) Mr. G. C. Mou-Ovaltine Country Girls...
where her elder sister, Miss E. Ba- talha is a member of the teach- ing staff
The chief mourners at the fun-taryship. During the time he was eral were Mrs E. H. Batalha, (mo- in Hong Kong he had constantly ther), Mr Henry Hyndman fun- strengthened the connection be- cle), Mrs. Hyrdman (grandma- tween the Cathedral and the Peak ther and Miss E. Batalha sis- Church. ter)
These young ladies are giving, a Demonstration on Saturday, June ist; in the Lounge of the Hotel
Deceased, who was the younger. R. B. Hancock, Rev. H. W. daughter of Mrs. E. H. Batalha. was connected with the "Hong Kong Telegraph" and was educat-trie, and Rev. G. Powell. ed at the Diocesan Girls' School The chairman said that the de- parture of Dean Swann was great- ly regretted and involved his re-Gloucester, from eleven to two in signation from the Hon. Secrë-
the morning, and from four to seven in the afternoon, lasting for one week. The ma lafacturers of "Ovaltine" were the first to realize the importance of public demon. strations, though many other con. cerns have followed" in their foot steps. Some like "Ovaltine" mixed with milk, some with water, and some with a combination of milk and water, but there is a special knack in getting just the right. proportions. to bring out the best flavour of the beverage. And it is because these "Ovaltine" Country Girls want you to know how a real drink tastes when correctly nixed, they have consented to per sonally prepare for you an order" of "Ovaltine" and serve it steam- ing hot or frosty cold, just as you prefer it.
Others present included Messrs. F. X. Soares, E. Rozario, L. Re medios, A. M. O. Remedios, Mias Leonard Miss G. Bowen. Miss J. C. M. Rodrigues. Sisters of the Italian Caven and n:embers ut the staff of the "Hong Kong Tele- graph" and "South China Morning Post."
By request. no. towers were
sert.
WATER RESTRICTIONS
It is officially announced that, us from to-morrow, there will be further restrictions in the water supply throughout all districts on Hong Kong island.
The revised hours of supply will be from 6 a.m. to 9 am, and from 4.30 p.m. to 7.30 p.m.
on
to be defamatory but as a warm- the to people against investing in mining enterprise which 1p- parently was based nothing more substantial than a belief in spiritualism.
Mr. Jenkin added that a. Mr. Worrall had given evidence of Baintiff's social status,
Continuing. the Chairman said that the retirement of Mr. F. Jacks had created a vacancy among the Trustees, and that Mr. H. R. B. Hancock had agreed to take his place. He wished to thank Mr. Jacks for his help and to wish him and Mrs. Jacks a happy retirement.
It was decided that the dona- tions of last year-$300 to St. John Cathedral, $100 to "Kowloon Tong Church building, fund, $100 to the Society for the Protection of Children, $50. to the street sleep- ers' fund and $50 to the Hong Kong Benevelent Society-be car- ried in the same scale,
Officers Elected
1
"Ovaltinn," you see, is itself an original product, prepared from The folowing were elected offi- | malt extract, fresh creamy milk cers for the ensuing year:-
and new-laid eggs The formula Mr. J. W. C. Bonnar, Mr. H. R.
and scientific method of manufac B. Hancock and Mr. T, H. King
ture are exclusively used for this (on leave) were elected Trustees: stimulating food beverage. There
Committee: The Bishop of
is no indigestible starch and no household sugar and no cuantity of Hong Kong. The Minister of the Union Church. Lady: Pollock Rev.
chocolate or cocoa in it. H. W. Baines (Hon. Secretary) and Mr. G. C. Moutrie (Hon. Trea- surer.)
PENINSULA HOTEL
List of Guest
investigations they stood by what inthey had published. It was not until May 20 of this year, nine months after the libel that the defendants admitted that the ac cusation was wholly
untrue and without foundation. They had now withdrawal a. complete and paid $5.009 into Court.
"I submit that the, award should
Defence Submissions be much higher than that" said Counsel. "In fact, Mr. Cuthbert
Mr. Potter said that the offer of
The following are the guests has turned it down flatly and has the "South China Morning Post"
staying at the Peninsula Hotel:- refused to entertain any out-or- to make a complete withdrawal
Mrs. A. Anstey, Miss N Bertie, court settlement, under $25,000," of the imputation against Mr.
Mr. and Mrs. F. J. Bally, Miss A In fact, added Counsel. he would Cuthbert was what was to be. Bradshaw, Mr. S. Brownell, Mr. be almost out of pocket and in expected of a journal of that and Mrs. R. A. Bird and child, any case would get nothing in the standing and repute, and in reply Miss M. Baily, Mr. R. C. Brech way of being recompensed if he to the suggestion of the plaintiff Mr. and Mrs. C. H. Bertle, Mr. C. accepted $5,000,
that they had been tardy in mak- pro-ing that offer, he would say that 15 might have been made earlier 1 they had received the informa- then they might easily ceived earlier, Mr.
of
"He had the honour of being invited tc. and attended one 'Madame the Medium's' perform- ances and for sheer and trans- parent 'stuff and nonsense' it can only be matched with Micky's blarneying. Readers should. be- fore being blarneyed, get Into touch with the writer."
Correspondence was then duced and the course of relations
"The letter was signed "Prospec between the parties traced:
tor."
It was stated that defendants had offered full retraction of the libel an ample published apology and $5,000 in settlement of dam ages which amount was paid into court on May 20.
1
Judge's Decision
In giving his decision. Mr. Jus- tice A. D. A, MacGregor said the offer of the defendants was come. muricated to plaintiff, but he de- cided to take his. chance of .covering more than this amount. In the circumstances, his Lordship considered that $5,000 was a fair and proper amount for general damages and he gave judgment accordingly. Plaintiff would cover some "$1.800 travelling and witness's expenses between here and Hollow and would be award- ed taxed costs up to May 20. The costs of the action since May 20, when the 35.000 was paid in would be met by plaintif
ነኑ
"Scurrilous Letters"
have Worrall.
re-
Fe
or.
Mr. Potter objected to the ad-hefieres was in Hong Kong mission of what were later de sur in occasion. scribed by Mr. Jerkin as "scurți-
Without ultrice to the plaintiff. lous letters" written by MacPart- he could say that, knowing all the land to Cuthbert after
legal feets they knew now a very the negotiation had begun. These chant and strong letter could be letters, Mr. Potter said, could only written on the subject so lony be tendered in aggravation of the as it did, not overstep the ilmits damages,
of libel and in a case such 盛ら this. where the plaintiff had put himself in a position in which he rather asked for, criticism, it was a matter which must be taken very seriously into the considera tion of the Court which dealing with the question of damages.
Mr. Jenkin was reading the let ters. when his Lordship re-
said it was not necessary to read them.
The evidence of Mr. H. Ching. editor of the "South China Morni- ing Post.', was given here.
Witness admitted that. It was unusual for people Te-
to bring in their letters personally. as Mac-
Invitation To Plaintif Partland had cone. MacPortland
The invitation of the defendants treated the letter jocularly but as- to plaintiff to attend a round table sured him that the" statements in conference and come to an under- the letter were true. Witress did standing Was not accepted by no know who was the object of palini-as it need not be-but the letter but he cut out certain it was evidence of the honest de-
Other costs mentioned by plain tiff and which included loss of business" and "special excavating" to produce ore as evidence in the case, were too remote to come within the claim. and would not be granted, said the Judge.
Flaintiff's Case
parts which seemed suggest sire of defendants to put right
fraud.
to
Mr. Jenkin: Bearing in mind your last answer I put it to you that the least precaution you could have taken was to ask who was the object of this attack?
Identity of Writer Witness: I did not ask him who Micky was. If what he said was true, it did not matter who Micky
Did you know that the object of this letter was a white man?-
something that was wrong.
tens
I. Berr, Mr. and Mrs. M. Eeraha
When correctly prepared-and it is so easy to know the right way- there is no better pick-me-up for that let-down feeling in the morn- ing between eleven and twolve when early day energy has worn off. The same is true in the after- noon about four o'clock when you feel that it must surely be, six! Hot or cold, "Ovaltine" is the constantly delicious all-time "drink.
There is just one very important. thing to remember, and that is- There are no imitations of "Oval- tine"-as some manufacturers of chocolate beverages are want to have you believe. Nothing is "just as good" as the original, and the "Ovaltine" Twins, dressed in their attractive "Ovaltine" Country Gir! costurae, which is already a fami- liar sight in Hong Kong, would like an opportunity of proving their contention that once you try their way of preparing "Ovaltine" you will become a customer for life.
An apple a day may keep the doctor sway, but "Ovaltine" every day is the best way to guarantee energy end vitality, and make health a glowing reality.
INTERPORT DEBATE
Mr. C. Bennett, Mr. and Mrs. J. E. Barnes. Mr. R. Bigazzi, Mr. C. A. Blum, Miss P. W. Brown, Mr. B. G. Butler, Mr. and Mrs. W. Charman, Miss Conway, Mr. A. Cameron, Mr. A. J. Coher.. Miss B. le P. Mr. and Mrs. C. J. Church. Lieut. Cavanagh, Mr. and Mrs. H. Choa,
Cross and child, Miss D. Donohue, Comdr. E. H M. Colgrave, Mrs. J.
Mr. and Mrs. A. O. Duke, Miss R. Danner, Mr. Denovan, F/LL, E. D. H. Davis, Mr. E. S. O. Dunlop; Mr. L. H. N Evens. Mr. and Mrs. Easterbrook, Mr. E. Fryer, Misa, M. Fryer, Mr. and Mrs. Fruin. Mr.
from Two representatives and Mrs. W. Foulsham, Miss K. Falloon, Mr. L. L. Fransworth, Miss
Canton English Forum Society will come down to Hong Kong for A. C. Friedrich, Mr. and Mrs. G.
a friery debate with the Horg E. Frisque, Miss Griffin, Mrs. F Kong English Forum on Saturday Gibson, Mr. J. Gonsalves. Mrs. F.evening at 8 o'clock at the Chin- Gregory, Mr. W. E. Grose, Mrs. J.
ese YM.C.A. B. Gragg and child, Mr. O. Gordon, Mr. I. H. Geare. Mr. T. M. Gregory, Miss M, Hoare, Miss Halls, Mr.
Canton v Hong Kong
the
The topic for debate is "Resol- red: That Disarmament Will Re- sult in World Peace." The pro- Halls. Mr. G. Hogg, Miss Holmes,blem of disarmament is the most Mr. Heymanson, Mr. A. C. Hutch!- vexing question facing the states- son, Mr. and Mrs. C. M. Hall, Mr. E. Hausamann, Mr. T. M. Hazel-world to-day and it is hoped
men and peace advocates of the
In this case the plaintiff's at-
rigg. Mr. E. L. Hosle, Mrs. M. Lowe, the result of this debate the aud- titude was in no small degree re-
Mr. H. A. Lee, Mr. A. Luenberger, tence will have a clearer concep- sponsible for the
Coi, and Mrs. J. L. Lewis, Mrs. R. tion of the complexities and vast- libel. for the reason that he was unusually, op-
P. Luher, Mr. and Mrs. C. Mulhall, ness of the problem of disarma- timistic about the existence of a
Miss Mitchell, Mr. and Mrs. I, A. ment. mine which for a period of years MacDougall, Miss L. Morris, Mr. Mesars Dantel Yee and Joseph had produced only a few Counsel stated that plaintiff was
J. S. Murdoch Masters 8 and E. Wong of the Canton Forum will of plculs of ore. He had had an
Mulhall, Mr. E. L. Moore, Miss M. uphold the affirmative side of the 63 years of age with a record of
ucusual faith in a mine which Munro, Mr. D. MacDonald, Miss question and Messrs. Nathan 35 years service in the Far East.
it might be said.. had not been
Moreton, Mrs. McNear, Mr. Young and James Poon of the He was agent for Messrs. Butter- Was. feld & Swire at Holhow, an auc-
properly proved. A prospector of Muckle, Col. A. C. Marah, Mr. and Hong Kong Forum wil uphold the long standing, a hardy man used Mrs. C. N. McGowan, Mrs. G. G. regative, side. tloneer, insurance agent, and an
to travelling in wild places, might Molumphy, Mr. W. MacEwen, Miss estate and land valuer. "Micky," Yes.
well retain the impression which M. Manuk, Mr. R. L. Moncrieff, Mr. as he was known along the coast, And in the face of that i did it was intended to suggest in the and Mrs. J. W. Morris, Lleut. Col. moved in the same social p'ane as not occur to you to ask who that letter: "Beware the British Consul and the talpans white man was? No. I had no cealings in a mine, the apparent Moxon Miss O'Brien. Mr. H. Ochs,
of having ang Murrow, Miss Murrow, Mr. G. 0. Thomas, Mrs. A. Taylor, Miss M. of Hothow,
A. Taylor, Mr. and Mrs. C. Tilburn, curtosity as to who he might be.. foundation of which is a spiri- Miss E. Phipps, Mr. "J. Phillips. Mr. and Mrs. W. E. Thompson. Plaintiff met an individual who And you did not care? That is Cualistic statement." Knowing all Miss M. Pilkington, Miss... Poole, was in strattened eircumstances in rather strong. If the allegations the tacts, one could still write a
Master W. E. Therapson, Mrs. Mr. and Mrs. M. E. Politi, Mr. W. Tully, Mr. J. Thomson, Comdr. E * 1931 who interested him in a min-were true, I did not care who he very strong letter on the subject: Pirie, Mrs. M. C. Potts. Mr. M.
ing concession. This was the orl W25.
M. Tetley, Dr. H. Talbot, Mr. P. J. so long as one "did not suggest Pugh, Miss Roche, Miss M. Rae, Taylor, Miss M, M Tyrrell, Lieut. gin of the case: sald, Mr. Jenkin. Later witness agreed that if he that plaintiff did not intend to Cuthbert took up the matter and had been told that Cuthbert was get money by fraud.
Mr. A. L. Raz, Mr. Roche, Miss D. 9. W. Underhill, Miss E. N. White, Rudge, Mrs. R. T. Robeson, Mr. Mr. and Mrs. W. M. Warrick, with $17,500 raised from friends, the man Counsel had described, Counsel concluded by repeating W. H. B. Riggs, Mr. and Mrs. A. Lieut. and Mrs. M. H. Walters, Mr. and with a considerable amount he would probably have thrown that the defendants sincerely re- Steward, Mrs. Stacey, Miss M. M. of his own money, proceeded with the letter into the
and Brs. A. Walker, Mr. and Mrs. waste papergretted the imputation placed or Stephenson, Mrs. E. Shepard, Mrs. F. Walter, Miss P. Whitelaw, Mr.. development of the mines. In basket, but if he had asked as to Mr. Cuthbert and honestly desir T. Scott, Mr. E. Syder," Mr. C. W. due course, Cuthbert go: Mac- the identity of Micky, MacPartland" ed to clear that imputation He Skeet, Comdr. and Mrs. G. L. rall. Lient. F. M. Waring. Mr. F G. H. Wukinson, Mr. J. H Wor- Partland down to Hothow to sur- would probably have described the submitted that, in the crcumstan- Salter, Dr. A.-J. Skinn, Mr. L. Wiliamson, Mrs. Whitham, Miss vey and look over the mining area Micky he had already described ces, the amount pala into Court Smith, Mr. E. Grant Smith Mrs. and to assist with the scheme, in the letter.
Whitham, Miss G. E. Webster. was sufficient to meet the case. It Stainfield, Miss Stainfield, Mrs. Mrs. A. Welby, Mr. AC Wilcox MacPartland later returned to In reply to Mr. Potter, witness was a substantial amount or Steward, Miss Steward, Mrs, P. H. Lieut. and Mrs F.R. M. Wisden, Hong Kong and was at that time said he did not intend the letter sidering the absence of malice... Suckling. Mr. L Telford, Miss V. Mrs. R. J. Wolseley..
";
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