1928-07-23 — Page 4

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THE HONG KONG DAILY PRESS, MONDAY, JULY 23rd, 1928.

LIBEL ACTION

AGAINST CAPT. E. I. M. BARRETT.

SUBORDINATE'S CONSTANT LAPSES UNDER THE -INFLUENCE OF DRINK.

MANY CHANCES NEGLECTED.

The following account of the libel action brought at Shanghai by William Beatty, formerly Assistant Commissioner of Police, against the Commiesioner, Capt. E. I. M. Barrett, will be of interest to the many friends here of the well-known interport cricketer. A cabled result of the trial has already been published. A sordid etory had to be revealed of a capable officer's co- stant yielding to drink and the unavailing efforts of his superior and other friends to save him from the consequences of his weakness.

#1

The case for plaintiff was dismissed. Considerable interest was mani- The Swimming Bath Adair. fest yesterday in the suit by Mr. Regarding the swimming hath in Wm. Beatty, antil lately. Assistantcident, witness said that, when he Commissioner of Police (Sikhs) went to the Swimming Bath Club against Capt. E. 1. M. Barrett, the he certainly was not the worse for Commissioner. The case was heard liquor and there was no dispute. by Judge Sir Peter Grain and a Mr. Saker, who was giving a jury. Mr. Beatty was, represented party, told him that the bath was by Mr. Tycho Wing and Capt. reserved and witness apologised and said that, as soon as he had 'Barrett by Mr. M. Reader Harris.

-The claim was for. Tls. 50,000 finished his drink, he would go. damages for alleged libel, it being There was no rudeness. asserted that, false and malicious statements by Capt., Barrett result

w

Witness said that, in eonsequence of the non-renewal of his

agree.

ed in a refusal to renew the plain-ment, he was unable to go back to tiff's agreement. The following let the Indian Police. He was trying ter was set out in the statement of to find some other form of octupa

claim:

August 17th, 1997.

The Secretary,

Shanghai Municipal Council, "W. Beatty, Esq., A.C.P.

tion.

Plaintiff Cross-Examined, Cross-examined-Up to the time of Capt. Barrett's return from leave in 1003 they were very good friends,

Is it a fact that, on certain occasions in that year, you took too much to drink It all depends on your definition of "too mach to drink." Will you quote any oc

casion!

No, I don't propose to. You can deny it if you like I can't re Inflect any occasion.

In February or January, 1926, Capt. Barrett spoke to you on the subject of drink-Yes, I believe he did.

I much regret to report yet an- other instance of misbehaviour by the above-mentioned officer. From information receivel, it would ap- pear that, on Sunday, August 14th, he visited the Shanghai Swimming Bath Club in company with two friends. As the bath had been re- served for a private party, which included ladies, Mr. Beatty, was re- quested to leave, but refused to do 50 and was most offensivo. This affair was witnessed by Messrs. W. G Crokam, of Caldbeck, Mae- Gregor & Co., B. M. Saker, of At-"Did you then promise you would kinson & Dollas, and H. W. P. never let him down again, to use MeMeekin, of Ilbert & Co. Those your own words 1-Yes. gentlemen state that Mr. Bentty was under the influence of drink at the time, and his conduct was unrelt said that Mr. Beatty had let becoming of an officer and a, gentle him and all his brother officers

down at a Mesa dinner. He ar rived at

under the Mess

the influence of drink and one officer described his behaviour as

man.

"E. I. M. BARRETT, "Commissioner of Police."

The statement of defence set

Mr. Harris quoted from a letter of May 15th, in which Capt. Bar

damn-

"Bones" And "' Ivo,”* What was the cause 1—Į suppose he was lightly inebriated.

1

And since then he has called you Bones" and you have called him Ivo"?—Yes.

And yet you quote that, after having been such good friends, as an instance of malice? No, I don't. Re-examined-The report from the Punjabi Mess did not contain any complaint of drunkenness. After it was made he continued' to have relations with the Mess and was exceptionally good friends with the officers.

Mr. Harris for the defence ask- ed that the case be withdrawn.

The Judge-I do not think I can withdraw the case from the jury. The evidence of malice may not be much, but there is some and I think it would be more satisfactory" for it to go to the jury.

Mr. Harris said that such an ac tion had never been brought before in Shanghai. It was the action of disgruntled and dismissed junior

officer.

The First Warning.

Capt. E. I. M. Barrett then gave, evidence that he had been 21 years

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THE OFFICIAL LIST FOR SATURDAY.

in the S. M. Police and prior to ARE THERE ANY LETTERS that he was in the Malay States Guides. He had been Commis signer of Police in Shanghai since September, 1993. was made Commissioner," he said. "I received reports from various friends and Acquaintances and from the Deputy Commissioner that Mr. Beatty's behaviour during my absence had not been what it should have been in the way of drinking and I took the first op- portunity of calling him before me as a friend and telling him that. though as a friend I could stand a good deal of that sort of thing, as Commissioner of Police it was more than I could put up with and he must promise me that he would take a pull. He said he would give me no further, cause for complaint in that direction.”

A General Post Office notification,

issued on Saturday, gives the fol: lowing particulars with regard to unclaimed correspondence, etc.. writing at the Post Office, and also unclaimed radio telegrams at the Radio Telegraph Office, Gor ernment Building:

THE NAVY AND THE YANGTSZE.

to

REAR-ADMIRAL TWEEDIE EN- TERTAINED AT SHANGHAI.

GUNBOATS AND THE BANDITS.

Although Rear-Admiral H. J. Senior Naval Tweedie, British

Officer on the Yangtze, has been in China for several months, no

present of his fellow entrymen opportunity has occurred until the

Poste Rastante Correspondance. here entertaining him. Just now Yangtze, W. G. Burdett, Miss M, A. the Angship of the Bankovsky, C. E. Cleaver, Chien H.M.S. Bee, is in port, and yester- Witness thought that, if Mr. Chung Tian, Y. Caravias, J. C Beatty was brought before the Finch P. D. G. Gain, M. Bday Admiral Tweedie was the guest of the Committee of St. Andrew's Council in disgrace it might have Hanatin, Major A. G. Hills, A. some effect. Mr. Fessenden's reply Herne, Jorio, Hurin Joseph, F. K. Society at a luncheon given at the was to ask if witness wanted Mr.Kellogg, R. Kerr. Aracic Expl Shanghai Club. Dr. J. Elliot Beatty sacked: and witness said he Inc., Lesleidaire, Miss M. Lewis, did not. Mr. Fessenden then said J. V. T. Lu, Lt. Comdr. H. Lake, Murray, President of the Society, that, if the report was allowed to J. F. Muir, J. Marston, A. F was in the chair. stand, Mr. Beatty must go, so wit Murray (Radio Corp. of America), The Chairman gave a humorous, ness asked for it to be returned.

W. D. McGillivrny, A. G. N. and interesting review of the of Admiral Ogden, Ong Djin San, P. Pickel doughty deeds sky, Cant. W. Pithlie, Pun Hoi-Tweedie's ancestors, a Peebleshire shan Miss B. Shurart, H. F. family, they were well-known Bor- any slaughter that was going.. Slagle, L. E. Sinclair, Antonin der freebooters, ready to share in Xavier, Mrs. G. F. Young." Unpaid Correspondence."

They were a prideful clan, who, in the reign of James V were all R. P. Allen (m.s. William Penn,

mounted on well matched white, e/o American Consulate), Miss B.

hornes, and were the Border ances

The Bryan (c/o American Consulate),

tors of the Scots Greys. J. Buntain, Mrs. G. H. Corse Chan speaker then came down to modern 3. L. Hewa, G. A. Roberts (m.1.

Punjabi Meas Incident, Capt Barrett said that, from Col. Stockley's report, he under stood that Mr. Beatty had gone to the Punjabi Mesa under the in fluence of drink, made himself offensive and insulted the regiment. This was at a time when every member of the Police had been instructed to work in with the ness had another report from the French Police, accusing Mr. Beatty

forth that." the said report, was ed offensive." Capt. Barrett add soldiers as much as possible. Wit- Shut Po (c/o Repulse Bay Hotel) times and said:

written and published in the bona fide discharge of his duty. It was published by the defendant only to the Secretary of the Shanghai Municipal Council, the occasion was, therefore, privileged."

No Attack On Council Or Force, In opening the case, Mr. Wing said the defence raised the plea of privilege and the only question to be decided was whether the alleged libellous statement was made mali- ciously and with a desire to injure the plaintiff. Casual instances of imprudence or bad temper on the part of a superior when perhaps he was harassed, pressed or anxious could not be called malicious, but there had been trouble between the two for a long time.

td:-"I have always tried to be

your friend and I appeal to you of having been "slightly intoxicat- [ William Penn), J. G. Williams (c/o

to pull yourself together and play the man.'

ed." Mr. Harris asked:- "Is that the letter of an enemy 7" Witness regarded that letter with considerable suspicion.

On receiving Mr. Bell's report of the swimming bath incident, wit- ness rung up two or three people concerned and they convinced him An Apology.

that Mr. Beatty had been offensive Referred to his reply stating that and was the worse for drink. Wit he was more than sorry and that ness wrote a letter to the Council he would like to apologise, witness and sent it to Mr. Beatty, asking Mr. Beatty com- said he had had a lot of private for comment. worry and he felt ashamed of him- pletely denied the allegations, so self for causing Capt. Barrett per-witness again rang up the people sonal annoyance and for his being concerned who all wished their compelled to take official notice games to be kept out. He therefore Capt. Barrett had said that if n

wrote a "qualified report, leaving out the naines. complaint cecurred again he would have to report it to the Council. If I had known he intended then reporting it to the Council I should not have sent this answer, which was simply designed to prevent bad blood."

Benefit Of Every Doubt, Have you ever tried to assist him1-If he had not been my friend for many years he would have been out of the police force years ago. I have always tried to be perfectly fair with him and to be straightforward in every report I have made, and I gave him the

Mr. Wing said that various in- cidents culminated in a Court of Inquiry, at which the plaintiff was acquitted of all charges made against him. The next day Capt. Barrelt sent for the plaintiff and said that a great deal more could have been brought out than had been, that he was very sorry he bat under the influence of drink at the benefit of every doubt.

The Town Hall Occurrence. On September 18th, 1926, there an deension when you were

WAS

Town Hall on the occasion of a

not succeeded in getting the plain- boxing show? Was a report made tiff broken, and that next time to Capt. Barrett.1-Possibly. there would be no mistake about

it.

Had. Capt. Barrett any grounds. for making a charge with regard Mr. J. M. McKee, acting Secreto the Junjabi Mess I believe he tary of the S.M.C., produced cer- had a letter from a man who was tain letters bearing on the case,

not present. there were no complaints against Mr. Beatty in Mr. McEuen's time; they all occurred when Capt. Bar- rett was in charge.

The report, was signed by Col. Stockley Yes, but he was present.

notif

American Consulale).

Registered Articles. Cheung Sheung Chi, Prof. G. 0. Enriquez (d/o American Con- aulate), Hugo Frank, Ong Djip San, Miss E. Zarairova.

Parcels. Alex. Young.

UNCLAIMED RADIO TELEGRAMS.

Address. Aghes Beaver Quon Tong We, 50,

Lok Street Sus Kwong Hing Junhon

From. Bangkok. Ottawa.

Talking seriously, we know how much Admiral Tweedie has done since coming out East to improve our status in the Yangtze Valley.

In the day of Nelson, as far as one knows, the primary object of the Senior Service was fighting. In modern times the primary ob- ject apparently is diplomacy.

Had Nelson been on the Yangtize. in recent years there is no gaying what would have happened, but Nelson was fortunate enough not to have 'n Labour Party in opposi- tion (hear, hear).

We know that Admiral Tweedie is a hora diplomat, and for that Wing

reason he was sent out to China San Francisco. at such a critical time and we are. Soerabaja. very much indebted to him for all San Francisco. he has done, and proud to own him

Bandoeng as a brother Scot.

Shui Fing..... 0307, 1684, 0148 Lin Cheong Tuin... Tanana Yue Sang Masterdom

Yuanton

Swatow. As things are apparently more Sandakan. settled in the Yangtze Valley we Saigon. hope that we shall see more of him Saigon than we have had an opportunity Semarang of doing in the past, and I ask Haiphong you gentlemen to rise and drink Namdinh,to the health and further success Namdinh of Admiral Tweedie. (Applause). Detroit, Mich. Admiral Tweedie's Reply.

New York,

In reply Rear-Admiral Tweedie Yunnanfu id it was rather a curious thing .....Saigon that about four years ago, when he Soerabaja happened to be in the Admiralty,

Capt. Barrett said that, early Tung Mow this year, when he wrote to the Kui Cheong Council he understood the decision B. E. Thompson not to renew Mr. Beatty's contract Enimco would not have been affected by Mystamy anything he said. Also he thought John: Ong, 300 it to be in the interests of the force Loong A Yen that Mr. Beatty should leave.

Anabel Jordon, c/o Dollar

he was working in the next room Cross-examined Mr. Wing naked

Mail Line

Houston Texas to ca brother captain called witness considered it was

3253, 4133, 7187, etc... Hoihow. Nasmyth. He looked up the family charitable to charge Mr. Beatty Hing Fat

Cholon.records, and he realized that the Mr. Barris said that the report with drunkenness when sach Yip On itated that Mr. Beatty arrived just charge bad not actually been made. Mikado S.. Batavia Maru. sheep. They had undoubtedly been Chblog. Nasmyth's owed his family 350 when the officers were about to go Capt., Barrett-I have bad nine

Sung Hing

Yunnaafu, stolen and never paid back. Dur to bed and he stayed there from 10 years experience of 'Beatty and 1Kwon Ser Kow, c/o Thong

ing the next two years Admiral to 12. He was given plain hints know him from A to Z, drunk or

Hup

Cholon. Tweedie took the opportunity of that they could dispense with his scher. What annoyed me

Hing Fat

...Cholon. funching with Captain Nasmyth company and finally had to ask than anything was what he had

... Chicago Ill. every day that he could in order him to go. His conduct was very gone to an Officers Mess and dis. Harjanes

5052

Yundantu much resented and be said:"

to try to get back the equivalent

more

the face before a lot of people. You are the dullest company 1graced himself and brought din Hamanoya Hotel...... B.S. Tjiken | (laughter).

Car And 4 Lamp Post.

honour on the police force.

bany.

"

Mr. Beatty giving evidence said he was appointed as Second Assis tant in the S.M.F, Sikh branch in 1019. Witness said that on one oc- casion, I dined in the Carlton one night with Capt. Burrett and two friends and following the din ner he struck me with his fist in

*** The River.” received a note of apology in the have ever met. Give me another

Mr. Fessenden's Evidence. Welcome

8.8. Pres. Adams.

con- "As regards the River," morning, which I destroyed and drink." The matter was reported thought no more of When to Col. Stockley by the Adjutant. Mr. Stirling Fessenden, Chair Yue Shin Chow, Hong Kong

and tinued Admiral Tweedie, University Capt. Barrett returned from leave Is not the construction Capt. man of the S.M.C.. said that the

Nanning things out here, I do hope that we in 1025 witness then was told that Barrett would put upon the report Council bad received a considerable C. Choon. Makassar. have got reasonably better condi- Capt. Barrett was dissatisfied with that you were drunk at the time number of reports regarding Mr.

tions in the last six months or 50, his work, which seemed extraordin | Very probably.

Beatty. Witness and Capt. Barrett

Ichang Bandits, ary as he had only been back four

had been obliged to discuss him on or five days.

I cannot say they we are alto many occasions and Capt. Barrett prove justification. All the defen- had expressed the kindest feelings dant had to show was that he made gethar clear of trouble, for I towards him and shown every de statements or wrote letters in the believe there is a nice little scrap between my gunboats and sire to help him and whenever he ordinary course of his duty and going had to make a report he made it without malice. When previously a small herds of bandits in the he, said there was evidence of chang Gorge. These bandite hare with obvious reluctance.

Cross-examined-At the time of malice, he was speaking only in rather bad it all their own way the swimming bath iaddent a sug-legal and technical sense. He could during the past six months, fring gestion was made to Mr. Beatty not help thinking that, instead of on steamers that have been pass- that he should resign. Mr. Fessen malice, the greatest consideration ing, but in the last three weeks we have been more kindly than Capt we have had very close co-operation Barrett's letters. It might almost with the Chinese generals to get he said that Capt. Barrett was rid of them. So far I have not neglecting his duty.es Comunis heard the result, sioner of Police in preventing one report from going in and. in in ducing the Chairman of the Coun- cil to allow him to withdraw it.

The jury came to a decision without leaving the box, the fore

announcing" No

Witness said that, on March 10th, On March 8th you ran your car last year, he received a letter from on a lamp standard when going Capt. Barrett, suspending him home 7-Ye from duty for drunkenness in the According to the police report Punjabi Mess and for being drank there was nothing else in the road

of, "an Annamite whilst in charge of a motor car.The report Witness asked for a Court of In- policeman. quiry and was acquitted on both And a French policeman said charges. The same afternoon, the you were unable to give your name

to produce. defendant sent for him, and told or address or

him that it had now come to allcence, and that you seemed your den added:--" If you want the rea had been shown. Nothing could have had a very close patrol, and

question of having: the gloves off, that witness had let him down time and again, that he had talked be- hind his back to his friends, that Ee (Capt Barrett) was extremely sorry he had not got him "broken or that occasion, and that he would take jolly good care he did it the next time. Witness told him he had not made a practice of talking behind his back and asked him to produce witnesses that he had done

80.

1421-

normal"-I only heard of that at the Court of Inquiry.

Witness said he 'did not consider Capt. Barrett had suficient justi Scation for suspending him on these reports....

sons, I can give them to you.

Evidence On Commission, Major Hilton Johnson's evidence was read. He stated that Captain Barrett had shown a very friendly attitude towards Mr. Beatty and did much to help him, expressing the opinion that he was a fino police officer.

"There is no doubt a very good

feeling just now. When we anchor at any village they now come off and tell us where robbers are, and they ask us to go and shoot them up" (applause).

On the occasion of the Chusan Road shooting Capt. Barrett also accused him of being under the in

The Judge said he had already fuence of drink because witness failed to salute him. The Carlton ruled that there was a qualified whatever." assault business was very shortly privilege. There was no need to Judgment was given for the de- the chance to meet the Committee after witness arrived in Shanghai I (Continued af foot of next column.) ! fendant, with costs.

man

帮

malice

Admiral Tweedie concluded by saying how much he appreciated

of St. Andrew's Society.