A LIBEL ACTION.
Straits T
Ordered to Pay $5 coo Damages.
In the Supreme Court at Ipol on the 13th init before Mr. Jan tid Woodward, the bearing was began of an action by F. O B. Dennys, late general manager of the Kota Bhröe Rubber Estutory for $20,000 damages for lib I against the Straits Times Press Ltd., and A. W. Still, for damage which he alleged he suffered in consequence of the defendants" *reckless and careless publication in the Straits Times of August 15 of remarks by the Chairman of the Kota Bahros Estates at ibe third annual general meeting of that company held at Shangha in July. The remarks relating to the management of the estate
THE HONGKONG TELEGRAPH FRIDAY, NOVEMBER 21, 1913.
SPECIAL CABLES.
SINGAPORE BANK IN DIFFICULTIES.
PAYMENT SUSPENDED FOLLOWING A “RUN."
(From Our Own Correspondent,)
Singapore. Received Nov. 20,
The Kwong Yik Bank his suspended payment follow- ing a run" by dopraitore.
แ
At present the Bank is unable to most its liabilities, but a full settlement is anticipated,
which constituted the alleged lithi was not strictly joking a verbatim report. It was read
*bel were në follows:-
ALLEGED ARMS. IMPORTATION.
or
dealer
in arms and ammunition, at Kow- loon on the 20th inst.
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MESSRS. THEODORO VAFIADIS & GO's
CLASS EGYPTIAN CIGARETTES:
**“After the visit of Mr. Meyer through and corrected by some one in the ffice of the defend. nts' and myself to the estates in
At the Police Court, this after- paper, alterations were made in it, August last your a report was and particularly a heading was put noon, before Mr J. I. Wood, a Obi- sest to you dealing with the over the part complained of a neee. was charged with being in HIGH various matters which had our heading "The Management unlawful possession of two attention while there. The most as Mr. Ager said to break up the rifles and 500 rounds of sm- important point of all being the text and render it easier no doub munition, and also with being question of management. There for readers who did nit wish the importer of is undoubtedly no more import not factor in the success or non- sucoess of a rubber cetate than to have a manager in charge who can be absolutely relied upon. am sorry to say that in the care of the company's first manager this condition was not relieed, and we are still suffering from the effect. If its more income tence or simply neglect of his duties It ia rather difficult for us
OWD,
the
read through the whole report to read what they wished of it It seemed to him that by doing
Mr R.C. Faithfull, déferded that and by publishing the paper
Revenue Officer Sutherland in this country, where it was said that when on duty outside possible it would sever have the Kowloon godowns on reached had it not been for them, date in question, he saw the they did adopt the libel as their defendant along with a coolie, the or the fact that it was latter carrying the box produced. gleaned from a China paper Witnese asked the defendant seemed him to make very what the box contained and be little difference.
said he did not know, as the box belonged to the man who was his mismanagement bad been the root of all the troubles through was a particularly harmful one carrying it. Witness went with which we have bad to the paintiff in respect of his pro
in the circumstances. It libelled the defendant to the ferry whari and asked him to point out the We serious considered taking: steps against him for mis-man-fession and his means of liveli, owner of the box, but he could gement, but our legal ad. hood. It was particularly hard not point him out. Witness thon A general brought the defendant back to visers told us that a claim of to meet and refute. this kind would be very difficult charge of negligence and in where the box was. The box
to say, but there is no doubt that The libel, it seemed to him,
to enforce and furthermore that competence must always even if we did succeed there was
be was opened and two rifles and 500 rounds of ammunition were
hard to refute. It was not
very little hope of gelting any like a charge of
蟲 definite found inside. On the box there
satisfaction out of an eventual nature, say of drunkenness, was the mark "Melchera and
11.
and a Chinese .ad- dreas, Long Loon-wah.
judgment. As you have already or taking a bribe, or Boything Company
of that sort. To meet a charge been informed, we decide to do
By Mr. Faithfull: He detained away altogether with the posit'n general incompetence in the of general manager and appointed management of an estate over a the box at his office when he saw a.manager on each separate er tate.long period of time in an effec- the coolie with it, None of the managers appointed ive way would have entailed put it to yon this box is were given agreements, this being going at longth and in detail into addressed by somebody in care of thie firm mentioned on the made conditional on their doing the history of the whole roshage- good work within a year after their ment of the estate from the com- box, in Des Voux Road 7-The appointment. As mentioned in viencement, and how was it box is broken up a little.
Yes, that is a pity. My instruc- the report, after the close of the possible to do that and so refute last financial year, two of the a libel pablished in a newspaper? tione are, your Worship, that the It seemed to him impossible to box is addressed to somebody in managers, namely, the manager
cure of this firm in Dea Voax do 60, of Kota Bahroe and the manager of Gunong Rapat, have been re- As to malice, he did not think Road.
not
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placed, as the board was it was contended now, and it The godown-keeper said the Batisfied with their work. The ever had been contended, that man named Wong U who signed
Pagos. 14 American Tariff men who have replaced them have the defendants were actuated by for the box was with the defen-
.........46-47 Journalist's Death ........47. both come to us with excellent any malice-malice, that was, in dent. Wong U was not a coolie. Day by Day references from good sources, and fot. No doubt the word had Wong U received the box, sigued Hotel Lists
In Charity's Name .........48
.48-40 we trust that we have been sucess been put into the pleadings, and for it and did all the talking. He Passenger Liste ful this time in getting satisfactory rightly so. He hoped that noth-could identify Wong U if he saw Steamers ................................................... 7-8 Rescue at Sea
Commercial....... 911 The Kashima Muru ....... 19 .49 men. One of the most serioasing he had said would be taken him.
Tho assistant manager of the Share Esport 12-13 Canton News................... to mean he was of opinion that defects in Mr. Denny's a ange ment was the manner in which he the defendants, or Mr. Ager, or Kwong Loong Wah said the de- Correspondence.14-15 A Hongkong Wedding ..49 .....16-20 The Tingeaug 40 hondled the newly-planted aroa anyone connected with the paper, livery order from Melchers was The Courts ........... and the weeding on the principal was actuated by any malice in chopped with his firm's chop by Telegrams. 21-29 Reported Big Failure.....49
.......50-51 fact against Mr. Learys. He a foki, file (witness) had never Leading Articles............30-35 Sanitary Board......
American Sailor's Death...51 "Malchere Notes and Comment......36-39 Examination of Officers... 51 Defendants admitted public-wae satisfied it wae through care. had a bill of lading.
lessness and inadvertence that and Co sent me the order," con-
******.51 ation, but pleaded that the matter this was put in, but he thought tinted witness. "It was sent in Special Articles 40-41 A Double Tragedy contained in the report was that
............................ 42—45' Hongkong Wedding.......51 of a public meeting and was of it as carelessness of a very gross toy sheence, and when I returned Sport
and carelessness which I found it." public benefit and concern. Al- type
should not be allowed to occur in By this Worship-He was not ternatively, it was plended, in
that package. mitigation of damages, that the any properly-organised paper. expecting
simply received the Theso might be strong remarks He
estate, Kota Bahroe.
Mesers, Mata and Shays of
Was
malice or
no
contained
ammunition he
CRIMINAL SESSION S
4
►
Charge of False Pretences
against Indian Warder;
The November: Criminal Fea
To-day's Advertisement
TOYO KISEN KAISHA. From SAN FRANCISCO, vis HONOLULU, JAPAN PORTF, AND SHANGHAL·
THE Bramble
report in question was merely but the oco tion he thought fully order and sent for it. The than copied from the China Press, a newspaper of Shanghai, and that justified them, and whether there the box was consigned to wain malice the country. He was a clans- there was no malice,
the harm bad been done and it man of witness but they did not had been done beyond recall. He live together. They had the Logan and Ross sero for plaintiff could only express the hope that same surname and came from sions were resumed today. Melgis, Upcóit (Draw and Napier, the result of this case would be the one ancestor
Before His Honour Mr. Justice Singapore) and Kenion (Maxwell some feparation to the plaintif By Mr Faithfull:He did bot and Kenion, Ipoh) for the for the injury done to fim. Unknow the order was coming until Gompertz. (Puisne Judge) in the defendonte.
fortunately for the defendante, it arrived. He was in the habit Second Court, the case was con- that tinued in which Hornam Singh, Mr. Martin intimated that they in this kind of action there was of receiving order like
He on Iadian warder employed in
HONGKONG MARU.” did not proceed with the action no jury to a sese damages. It had from Melober's and Co. against the second defendant to be done by the judge alone, had no knowledge of what the Victoria Gool, was charged on
The above named steamer hay- (Mr. Still) who was absent from and his estimate no doubt could consignments contained except three courts with obtaining money ing arrived, Consignees of Cargo are hereby informed that all the country when the publication not be so reliable as the estimate that they purported to contain cccurred
of twelve men all agreeing that hardware. Had he known that by false pretences.
risk into the Company's Godowns In the course of his judgment, the damages should be cot the box
argie The Crown Solicitor (Mr J. H. goods are being landed at their his Lordship said, there was no a certain amount. But such was and
would, Kemp) appeared for the prose at West Point, whence delivery defence in his opinion to the act the law in this country at the not have Bent for it. He cation, and the accused was de may be obtained,
No Fire Insurance whatever ion at all and it remained to say damages had to be assed by expected to receive a hor of fonded by Mr F. C. Jenkin, who
will be effected. what damages should be granted. him, though they were liable to hardware. If the box had not
No Claim will be recognised after the goods have left the go- Defendants had pleaded certain correction by a higher tribunal if been opened by the revenue was instructed by Mr F. X. d'Al-
down and all goods remaining facts by way of mitigation of he erred on the side of leniency officer witness would have sent it madas Castro.
Accused, having been sworn, undelivered on Nov. 28th, 1913, damages. They pleaded that the or severity. He must therefore on to the person to whom it was libel was copied from a China assess them himself, and he as-addressed.
denied that h wont to will be subject to storage charges. His Worship said that he be the relatives of a prisoner in the All obafed and otherwise paper and that they inserted in sossed them at $5,000 and coats; their issue of September 12 what Mr Martin asked that two coun-loved that though the defendant Gaol, and that he had never been damaged Cargo to be left in the had been referred to asunapology, sel might be certified for, but Mr was actually found in possession to 16, Upper Station Street, as godown and examination of same As to the cutting from the China Upcost objected and the objection of the box containing the arms, alleged by the prosecution. He to be held on Nov. 29th, 1913, at paper, ha thought it was a doubt was upheld.
he did not think that he was first heard that a warder in the 10 am
All Claims must be filled on or fal point whether that evidence Mr Upcott applied for and was aware of the contents of the box. Caol was suspected of getting before Dec. 5th, 1913, otherwise could be given to mitigation of granted a etsy of execution for Ile would be fined $5, on that money out of people by means of they will not be recognised. damages, but he did not himself fourteen days, to allow instruc-charge, and on the second letters on September 8th. see that it affected the case very tions to be taken from his clients charge of importing, he would be The case was continued as we
Agent. dismissed mnub. He had pointed out in
went to press. as to appeal, bis questions to the Editor that
9. MORIMOTO,
Hongkong, 21st Nov., 1013. [1036.
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