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WEDNESDAY, JUNE 6, 1928.
THE WINE CASE.
MESSRS. SHERLY AND CO.
FINED $100.
.
The case in which Messrs. W.
HOTEL IN KENSINGTON
LIBEL ACTION ARISING OUT OF LOAN.
WAS
A large sum as damagos S. Sherly and Company were aum-claimed in the King's Bench Divi- moned by the "Import and Export sion before Mr. Justice Swift and Department for selling one case a special jury by Miss Kathleen of Hall's wine without an appro- Frances Mervin More, of Lancaster- priate Hcence was concluded yes-street, W., who sued Miss Flora terday before Lt. Col. Enves, who Gortrude Weaver for defamatory
libel. imposed a fine of $100.
Miss More alleged that in 1925 The Import and Export depart mont was represented by Mr. R. Miss Weaver lent her £7,500 to en- C. K. Hawkins and Messrs. Sher-able her to buy the Victoria Hotel, Kensington. Three months Inter ly and Company by Mr. M. K., Lo.she called in the loan, put Miss Mr. Hawkins told his Worship More out of busincas, and reduced that he had caused enquiries to her to bankruptcy.
The alleged libels were contained
be made, as a result of suggestions made by Mr. Lo at the previous hearing, Into the part played by in letters written by Miss Weaver case. Instructing her solicitor to call Messrs. Watson's in the Mr. Lo had suggested that the part in the mortgage. These letters, played by Messra. Watson's was Mise More pleaded, contained state- not cricket and that the Importments which meant in effect that and Export Department should she was a fraudulent person, and make enquiries, and, if Mr.. Los incompetent in busines allegations were true, retire from
the caso.
.. E
For the defence it was denied that the words complained of bore any defamatory meaning, and it was pleaded that the lotiers were privileged, being written to a solicitor in the form of instructions.
Mr. Hawking said that all Messrs. Watson's did was to ap- proach Messrs. Sterly regarding the purchase of a case of Hall's wine and owing to the queer cir-
Miss More said that during her euinstances connected, with the occupancy of the hotel she had got purchase they became suspicious the business into a flourishing con- that everything was not all right dition, but us a result of Miss and asked the Import and Expert | Weaver's conduct she had lost an Department for advice. It was income of between £2,000 and abat Department which specinily £3,000 a year, and was prevented asked Messrs. Watson's to, lake de- from earning her living," and livery of the wine and to pay cash ostracised from Clubland, for it. He reminded his Worship a point that Mr. Lo had made about Watson's paying cash.
The Explantion.
"I want to make it absolutely clear," said Mr. Hawking, "that in this matter the prosecution has originated and has been carried on From start to finish by my Depart en and that Messrs. Watson's, except in so far as they came, to us in the first instance, have taken no part. All the evidence has been furnished by uiy depart, ment."
Mr. Lo observed that he was glad to hear what Mr. Hawkins had said because it enabled him to withdraw every unkind word he had used against-Messrs. Watsona.
I
"Under force and threats," who declared, "I signed the mortgage, and it was my death warrant, for I was ordered to repay the money in a week."
F
In reply to Mr. Royner Goddard, KC for the defence, Miss Moro agreed that since the money was called in she had. brought seven actions, and that all were dismissed.
Mr. Goddard: When the money was called in you turned out all the residents in the hotel, sold the fur- niture which you had bought, with Miss Weaver's money, and paid it away to another person. Was that an honourable thing to do"- There was no charge on the furni-
ture.
1.
You bolted with the money?--I
Mr. Hawkins had said his depart-did not bolt with it. That is a lie, ment had more or less set a trap ja dastardly lie.
for the defendant firm and Mr. Lo
added that a to that certainly
more than one view was permissi.
hle for actions of that kind.
The hearing was adjourned,
i
CANADA TO MAKE A PROTEST TO WASHINGTON.
Continuing Mr. Lo said until PROHIBITION SNIPERS. Mr. Hawkins had given that ex- planation, he thought he was jus- dified in making his previous re- that marka. He pointed out Messrs: Watson's were good cus-. tomers, of his clients and their
Ottawa, Apr. 24. action in paying cnab for that par- ticular deal gave rise to suspi- Mr. Mackenzie King, the Primo cions. However, he was glad to Minister, announced in the Domin- necept Mr. Hawkins' explanation.ion House of Commons that a Note
An Objection.
Evidence was then taken from 1 clerk from Messrs. Watsons who spoke of purchasing a case of, wine from Messrs. Sherly and Company and paying cash for it.
!
would be sent to Washington in connexion with the alleged danger to lives of Canadian citizens from bullets fired by United States pre- ventive officers operating under the Volstead Act...
The Prime Minister said that he Mr. Hawkins, in evidence, saith was confident that adquate preven- he spoke to the manager of the tive measures would be the result defendant firm on May 18 and of the Note.
was told that the firm did repre- The question had been brought sent the agency for Hall's wine.up by Mr. Robinson, the Conserva- He asked the manager to show ortive member. for Essex West (On- ders from firms holding dealer's tario), who said that several times Hicences in the Colany under which recently Canadians had been nearly Sherly and. Company imported the killed by bullets fired by American wine. He was shown a list of preventive officers. He gave an instance of a case of a motorist, who, while travelling along the bor der of Detroit laat Saturday, had the windscreen of his car broken by a bullet.
seven names.
His Worship: Docs he have to take out a licence to import?
Mr. Hawkins: He could only import for and on behalf of a hol- der of a dealers' licence. The In- Mr. Robinson suggested that the terpretation of sub-section 3 of Sec- United States Government be re- tion G is that the order is to be....quested "to instruct officers to point their puns the other way."euter.
Mr. La; I da object to this evi- dence. Witness speaks of the "in- terpretation
section." of the Whose interpretation?
Witness: The Attorney Gen- cral's.
firms mentioned by the manager and found that the story told by Mesara Sherly and Company was Mr. Lo and that he did not care correct. However, he had since whether it was the Attorney Gen-discovered that 26 cases were at eral's interpretation or not, but he present in bond in Kowloon in the objected to it. He also told his name of Messrs. Sherly and Co. Worship that the witness if per- These were imported by the s.. mitted to render an interpretation Khyber in January this year,
of the section would be uzurping Mr. Lo said the only item the his Worship's duties and added Court should interest itself in was that nobody was entitled to put the case sold to Watsons. Ile any interpretation to that section submitted that that being the case except the Bench itself. Witness, Mr. Hawkins was not entitled to of course, was entitled to draw an explanation wall, his Worship's attention to the sec- Lion,
Purely Licence Question.
In answer to Mr. Lo, Mr. Kaw- kins said that there was по at tempt to defraud the Government Mr. Hawkins, continuing his evi- of duty. It was purely a question dence, and the manager of Sher- of licence,
ly's told him that the seven orders hir. Lo submitted that the pro- shown him were the orders he had secution had not proved that during the last half year. The Hall's wine was an intoxicant at manager also claimed that the case all, but after legal argument His sold to Watson's was a special in-Worship ruled against Mr. Lo, alance in compliance with a letter
they received from the dealers in In Imposing a fine of $100 his London to co-operate with Messra. Worship expressed the opinton Wafrons. The manager had claim-that while the offence (could not ed that the case was originally be said to be of a technical nature, ordered for Messrs. Wing On's. he way satisfied that there was no Mr. Hawkins had personally übtempt to defraud the Gevera- made enquiries from the seven ment,
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