1929-06-08 — Page 2

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THE

HONG KONG DAILY PRESS, SATURDAY, JUNE 8, 1929.

YACHT CAPTAIN'S

ACTION.

OBJECTION TO NEWSPAPER PARAGRAPH.

JURY UNABLE TO AGREE.

WOMAN'S DEATH ACQUITTAL.

FALSE ADMISSIONS BY A DOCTOR'S WIFE.

"HER LOYALTY."

}

BY MAIL, WIRE, AND WIRELESS.

Hoover

Washington-President has announced that Mr. Theodore Roosevelt, jr.. former nasistant Secretary, of the Navy, will be ap- pointed governor of the Territory of Porto Rico. Mr. Roosevelt is at "It appears to me that this man present in French Indo-China fol- ought to be sent for trial for murlowing an extensive hunting and said Mr. Hay Halkett, scientific expedition along the Chi- der." magistrate at Marylebone Police nese-Thibetan border. Court, shortly before Dr. Hugh Windsor Bell, aged forty-two, of

New York-Blue Larkspur won the Withers Stakes and a purse of

A newspaper paragraph referring to the entrance of the Duke of Westminster's yacht Cutty Sark into Deauville Harbour, was the subject of a libel action which was brought before Mr: Justice Hor. ridge by Lieut.-Commander Richard Oakley-street, Chelsen, was again 82.950. Chestnut Oak was second Herbert Mack, RN. (retired), qf remanded accused of the

and Jack High third. Paston Hall, Paston, Norwich, cap-slaughter of Miss Kathicen Alexin

Winnipeg.-Liquidation by weak dra Kelly, aged twenty-two, of tain of the yacht, against the Even-Holland Park avenue, the daugh-holders and weakness in Liverpool ing Standard newspaper, of Shoe-ier of an Irish landowner. lane, E.C.4, in the King's Bench Division.

The words complained of were published on the Women's page under the heading The Deauville Sensen Winds Up." The paragraph

Bail was allowed.

man.

The prosecution alleged that Miss Kelly died in a nursing home in consequence of an operation in a house at Kensal Rise.

"Her Own" Admission."

caused wheat to touch the lowest

1923. since

May wheat records closed 81.041 per bushel, July 81.058, and October $1,004,

"Constatinople. It is reported more than so liven have been lost and about 100 persons injured in an earthquake which destroyed 1,000 "Mr. H., D. Roome, for the pro-houses in the village of Chazen. seention. was questioning Mrs. Ivy Karahissar, south-west of Trebi Dora Capper, of Whitmore zond. "Floads, following torrential gardens, when Mr. Hay Halkett rains, are hindering the work of asked: "Have you considered go-relief parties. ing against Mrs. Bell"

Mrs Henrietta Constance Bell, aged thirty-four, wife of Dr. Bell, read:-

who had been accused with her "The Duke of Westminster's con-husband, was discharged. verted destroyer Cutty Sark came in for 24 hours and nearly went aground when passing the lock. The Duke himself supervised operations and he did not go below until he was assured that the yacht was safe ly berthed. The captain bad a very anxious half hour."

31r. Roome: It is on her own admission.

Mr. Halkett: I do not think

*

<1

The Insular

Manila Insular Auditor Ben F. Wright has obtained n writ of habeas corpus and thus evaded incarceration in Bilibid Prison, Manila, hs. ordered by Justice John sitting in Baguio. Auditor, ordered to jail for con- tempt of court in connection with his refusal to produce certain tax certificate demanded by Justice John, continued in his refusal to obey the Court's orders

Reasons for Objections. The plaintiff and these words meant that he so negligently naviany jury would convict.

Mr. Freke Palmer, for Mra. gated the Cutty Sark as nearly to

round the ship: that owing to his Bell: It is obvious from the rest inck of skill and his incompetence of the evidence that it could not She had never it was necessary for the Duke of possibly be true. Westminster to supervise him and seen the girl.

Mr. Halkett: In the absence of the navigation of the vessel; that by reason of his (the plaintiff's) in- anything that makes her an acces. competence the safety of the vesselsory there is no evidence against her at all. The only thing is that

Madrid-The Cabinet has order. was imperiled; and that he was incompetent as a navigator and loyalty has made her say this.

Mrs. Capper's evidence wased the liquidation of the biggest unfit to be captain of a vessel. being rend over when Mrs. Bell, Spanish shipping Company, the The defendants admitted publi- who was seated in a chair outside" Compania Transatlantica," which She was was heavily subsidised by the Gov. cation, but denied that the words the dock, collapsed.

ernment. This, however, means only were defamatory of the plaintiff.carried out by three policemen,

a change in the constitution of the They further pleaded that the words

company, which will continue in a were fair comment on a matter of

new form and with at least the pre- public interest and the plaintiff had

sent extent of its activity. suffered no damage. )

Mr. Hilbery, K.C., in opening the case, said that the plaintiff, since his retirement from the Royal Navy, had been commander of several grent yachts. Deauville had harbour which was much frequent- ed by the owners of large pleasure vessels and in the summer season there were many yachts in it.

Spicing the Dish.

..

The entrance of the yacht into the harbour was of little interest to the readers of the Evening Standard, that it was evidently the intention of the writer of the paragraph complained of to spice the dish with a little malice to make it a snappy par."

The plaintiff took the Cutty Sark into the harbour when there was ample room for her. She was a hardy vessel with twin screws and turbine engines and there was no- thing to distinguish the incident from any other. Commander Mack was in charge, and when he brought the yacht in she was turned in the normal way in the tidal basin..

The imputation cast on his ability was absolutely unfounded, and there was not a word of truth in any of the statements in the paragraph. The vessel was not a converted des- troyer, she did not nearly go aground, the Duke of Westminster did not supervise operations, and the plaintiff did not have a very anxious half-hour.

Inspector Edwards produced statement hy Mrs. Beli.

Hotel Meeting.

+

Mr. Roome drew Mr. Halkett's attention to a part of it in which Mrs. Bell, referring to Miss Kelly, said that she met her by accident at a Piccadilly hotel. Miss Kelly, she said, made a statement to her and asked if she could do anything for her. Mrs. Bell replied that she would try at some future date. Mr. Rocme then said, "If, in spite of that, you are of opinion prima facie casc there is no

your against her, I leave myself hands."

Mr. Halkett: I do not think any jary would convict, and I shall discharge her.

clusion of the case for the prosecu Mr. Hay Halkett, at the coo. tion, said that it appeared to him that Dr. Windsor Bell ought to be sent for trial for murder...

Mr. St. John Hutchinson (for Dr. Windsor Bell) submitted that the law had adopted a much more humane view of late and had been careful not to commit people on a charge of committing an offence they were not likely to have done. Mr. Halkett agreed to leave the charge as it wa

Ho Aspersions.

The plaintiff denied that the ship nearly went aground, that the Duke of Westminster supervised him in the handling of the vessel, and that he (the plaintiff) bad an anxious half-hour.

cm-

A Little Butter."

Mr. Birkett: You know that the Instead of apologizing when the matter was brought to the notice of defendants have desired to

phasize your skill and competence? the defendants, they inserted, on September 20, the following paraApparently, by their second para-

graph. graph:-

You know that in defending "this action they have not the smallest desire to recede from that position! I regret that I do not appreciate

that.

Is not the real esscore of your complaint that if there be an asper sien here it would be read by yacht owners and not because of the general public at all?-If that para- graph is read by the general public it might be discussed among all sorts of people.

In my notes on August 31 described the catrance of the Duke of Westminster's yacht Cutty Sark into Denuville Harbour: My cor- respondent had watched the very skilful manner in which the captain of the vessel had turned the big vessel round into the narrow Tou ques Navigation of the two lock gates occupied a considerable time, owing to the size of the vessel and the narrowness of the two openings, together with the amount of water

The Plot's Position drawn by the Cutty Sark. The whole of the movement was most The navigation of the vessel was admirably carried out by Captain the responsibility of the compulsory Mack, and it was a matter of as- pilot, was it not?-No, the respon tonishment that, it was possible for sibility was mine-He is there to Any navigating office to get so give advice and, assistance to the large a ship into the harbour with-captain if he wants it.

The plaintiff said that it was non- out going aground."

That, said counsel, was a little sense to suggest that the vessel "butter," but there was no with-cburned up mud at the barbour en- drawal of the poison in the previous trance owing to her speed. He did

not see the Duke of Westminster. paragraph.

Mr. Birkett: Do you suggest that anyone would think one whit the leas of you if they thought that the Duke was supervising the opera- tion -I certainly do.

The plaintiff, giving evidence, said that the lines of the hall of the Cutty Sark were exactly similar to those of the "S" class destroyer. Her tonnage was 828 and her length on the water line 270.3ft. When he entered Deauville Harbour, there was a compulsory pilot on board. The vessel did not draw more than 10lt.

His Lordship said that there waE no suggestion in the paragraph of unskilled navigation and he was not going to have the time of the Court taken up by the large number of witnesses with whom he had been threatened. There was no sugges- tion on the part of the defence that the navigation was other than

normal.

(Dontinued on next Column),

The Duke knows your skill -Cer- tainly, if it is skill.

Counsel: Do you want to make. money out of the matter?--I don't want to be out of pocket.

Addressing the jury for the de- fence, Mr. Birkett contended that the plaintiff bad not suffered the smallest injury by reason of the publication. He was still employed by the Duke of Westminster, and was hoping to hold the position of captant of the Cutty Sark for a long time.

The jury were unable to agree and were discharged,

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CHURCH NOTICES.

ST. JOHN'S CATHEDRAL, Howo Fowo.

JUNE 9, 1989, fud Sanday after Trinity-

Choral Eucharist at 8 am, Obildren's Service at 10a.m. Peak Sunday School at 10a.m. Matins at 10 a.m..

Freacher Rev. H. V. Koop, Evensong at 6 p..

FreacherThe Lord Bishop.

*

(97

FIRST CHURCH OF CHRIST, SCIENTIST.

(Branch of The Mother Church, The First Church of Christ, Scientist, in Boston, Man, Q.8.4.) MACDONNELL ROAD, BELOW BOWÜN ROAD TRAM STATION. Sundar Savicz, Joze 9, 1999, at

11.15.

Subject: GOD TEE. ONLY. GAUGE AND CREATOR.

The Sunday School is held on Sunday Mornings at 18 o'clock.

Wednesday Evening Meeting at 5.50

P

Beading Room at above address, open:——— Tacsday and Friday, 10am to 12 Noen Monday and Thursday, 5 to 7 pmn

The Public is cordially invited to attend the services and risit the Reading Room.

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