1933-06-15 — Page 7

SLANDER ACTION

JUDGMENT FOR BAND LEADER WITH

$1 DAMAGES

MR. NEWMAN IN THE WITNESS BOX

Judgment for the plaintiff with $1 damages and no order ag to costs, was given by the Puise Judge, Mr. Justice Lindsell, yes terday, in the case in which "Dick" Adamson, leader of the Gloucester Building band, sued Mr. P. I. Newman for slander.

Of the two causes of nction, one. had been ruled out by His Lord- ship. The case heard yesterday was hased on

a conversation between the defendant and Mr. William Lawson Butts on February 23 when the former is alleged to have said. The band is no b-good and I am fed up to the teeth with them and am getting rid of them. There is Adamson-you know him-that trumper he is playing is the cause of the whole thing. It kills the

band and the orchestra is driving my crowd away in lieu of attract

May I put it to you that you draw a big salary in your job and if Adamson went round saying that you were bringing the action for the sake of the damages, people would not believe it 7-Yes.

And Mr. Adamson being a musi cian and out of work would be more likely to have it believed if it was said that he was bringing the action for damages 7-Yes.

I suggest to you that you were actuated by malice in putting that I can give question 1-Absurd.

HONG KONG DAILY PRESS, THURSDAY, JUNE 15, 1933.

ENDS

you did not reply until March 4, the day on which you re-engaged

RECEIVED SUITS OF

·CLOTHING

the band: It seems peculiar that Washed Instead of Dry

there should be such a coincidence. Why did you not reply earlier - The matter was in the bands of my Holicitors.

Late in February you gave Mr.. Adamson & receipt to sign in ex- change for a cheque in Bottlement of all claims he may have had against the company. Was that before or after you had received the letter demanding apology I do not remember,

Why did you put in the words all claims against the company

bad to sign a similar receipt myself when I left my previous employment.

I put it to you that the purpose in getting Mr. Adamson to sign the receipt was only to protect yourself against the letter !-No.

Witness admitted that the re-

lationship between himself and Adamson was strained especially towards the end of January, the

- Cleaned?

CLAIM FOR $414.70

CANTON NOTES:

Exhibition of Native Cloth

PLIGHT OF LOCAL ENDUSTRIES

(From Our Own Correspondant)

CANTON, June 13

The Puisne Judge, Mr. Justice Lindsell heard evidence yesterday in a case in which Mr. W. G. Fischer is seeking to claim $414.70 from The International Dyeing and

An exhibition of native clotha Dry Cleaning Company on the and silks is now being held in the ground that clothing sent to the city at the former Ching Wong defendants to be dry-cleaned was (local deity) Temple, which has re- in fact not so treated but was cently been converted into a per- washed in soap and water.

manent exhibition house for native. The particulars of the claim of native clothing materials was products. The present exhibition stated that four tweed suits and one palm beach suit were sent to the opened last Saturday and is to last dry-cleaners and the negligence cou-ests are fully represented at the 20 days. The city's weaving inter sisted in the defendant's washing show, where the goods on display the said garments instead of dry are being sold at prices lower than cleaning them, and as a result of the washing, the garments have jo being considered by the exhibitors at the markets. A plan is now. their shape and texture, the colour for native cloth marts, similar to: has been spoiled, the linings have the present exhibition, to be per- been torn and the garments have manently held at different parts of been ruined.

Mr. Fischer giving evidence said movement for

the city so as to encourage the the use of native

ing them. I have received more 'Mr. Adamson notice without any reason being that Adamson dodged that the suits were in perfect con- [loth.

complaints about that trumpet than anything in the whole building."

Mr. M. A. da Silva, of Messrs. D'Almada Remedios, and Silva, is for plaintiff, and the defendant; is represented by Mr. W. A. Mac- Kinlay, of Messrs. Dentons,

The Defence.

Mr. Mackinlay said the defence would he a total deain! of the pub- lication of the alleged words, and failing that, a submission that the words were not defamatory,

Mr. Newman then entered the witness box and recounted his con- versation with Butts.

I was sitting on the balcony with two friends when Butts came to see me. He said he wanted to see me about an orchestra and I

י

I

malice or vindictive feeling..

You will agree with me that if that suggestion was believed it would" given "totally different as- pect to the whole of Mr. Adam- son's case ?—I cannot see that.

You will not even agree with me

on that.

1.

At the beginning of October last, you came to verbal arrangement with plaintiff. Can you remember those terms 1-No, not off-hand.

The first term was that he was to obtain a band of six qualified musicians He seemed to have & band already.

him on every possible occasion and would never talk business with him.

Mr. Bults' Evidence.

Mr. Silva: Was there any in- ducement at all for Mr. Butts to come here and give evidence against

None except that he was a friend of Adamson.

And you assert that Butts has given false evidence as regards the words uttered ?—Yes. "

I put it to you that those words were uttered by you to Butts 7--I deny that. Mr. Butts was obsess- Amongst other terins, theseed with an evil purpose and was musicians were to obtain all their sent by the plaintiff. Only when on duty, meals at Gloucester Building 1--

You suggest now that Adamson Bent Butts along for the sole pur pase of getting evidence against

All right, you say so. There was also no question of a month's notice but for a six months period 1-you-Yes. There was a contract made.

Contract and Verbal Arrangement.

I am referring to the verbal ar- of the arrangement, rangement.--That was a facsimile

told him that I was not interested and nearly finished the converaa tion there. He then said he had heard that Adamson was leaving and added, I have got a very good Number One to take his place,"

Just then Mr. Adamson phased and I said, "There is Mr. Adam son. Do you know him?” He said.

You know, of course, that one "Yes," and that was all the con. versation as far as I can recollect.man was brought from outside the Butts said "I will see you again Colony to Hong Kong by Mr. and I said "Yes, do.".

Adamson-I don't remember that. That contract referred to by you just now. when was it signed? About three days afterwards.

In reply to Mr. Mackinlay, de- fendant said he had heard the statements he was alleged to have made and he denied saying s

word of it."

Cross-Examined.”

Mr. Silva: Whatever your solici tor has said in this court was it on instructions from you Yes..

What indication was there that ho was sent by Adamson-1 come- How sensed it the moment I saw Butts,

J

I suggest to you that you are denying publication because you are afraid of the consequences in the event of it being proved that you did say these words 1-1 am not afraid of any "consequences. The words were not uttered.

ition went he sent them to the dry cleaners. He was about to leave the Colony. The clothing has been apoited and he will have to wear until he can get new things made. He said he was a woollen piecegoods merchant and knew something about clothing and it was his opinion that the clothing had been treated with water. Fischer put 01 several of the articles in question to show how they have shrunken.

Mr. J. P. Prentis (for the de- fence): made?

When were these suits

Witness: In 1930.

measure.

Mr.

After the conclusion of the pre- sent exhibition, similar ones will be held for other lines of native products, it is understood. A por tion of the building where the pre- sent show is staged, is to be kept for the holding of subsequent ex- hibitions,

Match Manufacturers......”

The local native match manufac turers are in such a plight that a general suspension of operations has been necessary. The industry has long been suffering from for eign competition, which has lately been made more acute as a result You were on holiday in Europe of the increased activities of aaug then-No, the tailors had my glers. Stocks have been accumulat

ing to such an extent that further 1996.

When did they measure you -Inactivities were deemed impossible, and the match factories throughout Has your figure changed in seven the province took joint action in years 7-No, and my weight has suspending operations. As several thousands of workers are employed at these factories and have all been thrown out of work, the situation, is indeed serious. been made to the manufacturers Appeals have from all sources and it is now understood that they have agreed to resume work partially to help the workers, Meanwhile, plans are contemplated for the relief of the industry which is badly needed.

been the same.

1

lucky.

The Prisne Judge: Well, you are

Mr. Prentis then asked witness. number of questions about the effect of the local climate on clothing and also as to the meaning of the term dry-clean." His Lordship opened that the term certainly did not maan washing with water.

The Lustre,

Rubber Manufacturers Too, The rubber industry in Canton, Mr. Prentis then produced the which has had phenomenal success receipts issued by the Company at for several years, is also receiving When the case for the defence the time the clothing were sent to a set back. The high tariff in force was closed, his Lordship said:-I the dry cleaners. Witness said his in the various places in the South It might be the second of Novem-see no reason to disbelieve the boy had kept the receipts sad Seas, where there used to be free ber 1--Yes.

evidence of Mr. Butts and ind as he had personally never seen then.trade, has been responsible for the a fact that the words were uttered Mr. Prentis, drew attention to the first blow to the local rubber shoe on February 23. It may be pos" faded colour" appearing on these poverty of the people in the rural words. stained" "broken" and manufacturers.. The increasing sible that defendant hus forgotten receipts. I therefore find that pablication has

districts of the provinces is another, been proved, "

cause of the depression. Further more, Kwangai province has recent

• put a new tax on imported rub ber shoes.

On October 31, a new member of the band was obtained Yes.

And Mr. Adamson's salary was accordingly raised to $1,700 —Yes..

Did Mr. Adamson make an ob-

at all.

It was put to Mr. Adamson injection to that arrangement 7-Not He was very pleased to the witness box by your solicitor, that he was bringing this action for sign it. He was quite elated.

his

the sole purpose of obtaining In spite of the fact that money and it was very strongly salary was specified as $1,500 on put. Now may I refer you to the that agreement, he made no ob- letter of February 27, from Adam-jection -None whatever. son asking for an apology only: not even saying that he wanted a public apology in the papers. Is not that so --Witness did not reply.

In spite of the fact that there were now seven musicians, he made no objection -None whatever.

Why was that contract signed

Mr. Mackinlay in addressing the Court for the defence said his client was a very worried man and was very busy looking after the hotel, the band, and other matters. He and spoke hastily, words which the was in a hurry to be rid of Butts.

Irearer never took to mean that Adamson was a bad trumpet player or that the band was bad. Butts merely got the impression that that was Newman's opinion but he him-

The words were defamatory

You agree that if that apology about four or five days after it was self was not influenced by it, nor had been given, no further action written -Probably because I could was his opinion of Adamson lower- would have been taken 7-Quite not get hold of Mr. Adamson at the ed

time. There were many reasons. I but not actionable. may not have been in the Building just when he was.

likely.

You did not reply to that letter until tho further letter of March 3 asking for a reply. Now if I may refer you again to the letter writ ten by your solicitors on March 4, they said on your behalf, that " to nake for an apology is absurd." They also stated that they were prepared to accept service. on any proceedings that would be taken against you on these alleged causes of action. The stand taken by you as shown in that letter was clearly indicated, that you were not going to give any apology at all and were

.

The Judge: There is no quer- tion of h jest, or innocent mean- ing here. There is no other mean- five ing in the words than what they

Do you mean to say you were not on duty for four or dayat He was in the Gloucester imply, Building --No; not that. It seemed to me that he was very indifferent whether he got an agreement or not.

No letter was written asking for its confirmation on October 41- I. believe there was.

You did not bother to give him. written confirmation until a week

is against me on this, I would like Mr. Mackinlay: If your Lordship to address Your Lordship on the question of damages.

Mr. W. W. Hirst of the Steam Laundry Company was called as an expert witness in the case. Before he went into the box Mr. Prentis pointed out that he was in a fairly made by the Canton manufacturers A protest has been difficult position as the witness was against this Kwangai levy, bub from a rival concern and was the meantime, the tax is in force and only other big dry-cleaner in town. the merchanta have decided to stop in his opinion the clothing had been in settled.

Mr. Hirst when called stated that exporting to Kwangsi until the case With several of the washed in chemical soap and water, markets practically closed, the rub The clothing looked "dead"

and her

manufacturing industry 18 the lustre was gone.

therefore in a very unsatisfactory The case will be continued position. As a matter of fact, the Friday morning."

leading manufacturer suspended operations a few days ago, and will not be able to reaume until all accumulated stocks are cleared,

CHINESE WOMAN

FINED

FOR KEEPING UNREGIS TERED MULTSÄIS

on

At Central Magistracy yesterday, two Chinese women were summonea for having kept unregistered mi

Laxis.

The first defendant, Yu Sau

SESSIONS CALENDAR

CASES FOR THE JUNE SITTING

Commence on June 19 and the The Criminal Bassions this month' calendar is as follows:

Hia Lordship: "I am against you, Ching, a spinster; of No. 3, Front violence; Wong »Nui, Kwok Ping

Hepezted as a Jest,

Mr. Mackinlay contented

that

Row, was summoned in respect of two girls, Tapi Ting (11) and Tang, Yau (17), while the second defen dant Cheang Po, sane address, was

(18).

Before the Chief Justice: Sin Chuen charged with robbery with and Li Sui aline Kwok Kwan, charged with breach of deportation ordinance, and Chan Hi, charged with shooting with intent to

ready to go to court and to trial. after he had started work-Until there was no question of damages summoned in respect of Thoi Tsia murder.

had got it from my Head Office,

The Floor or the Band,

in this case. Mr. Butts did not think anything of the mark made

At the beginning of this action an offer was made in open court to accept an apology and a judgment

Before the Puiane Judge, Lau So for nominal damages. They might

to him by Mr. Newman but merely tor Fraser said that a lady inapee with wounding with intent to do Addressing the Court, Sub-Inspec and Lam Tai Ying will be charge have been only 81. The plaintiff Witness denied that there was repeated it to Mr. Adamson hs a tor of the S.C.A. recaived informa grievous bodily harm. was quite willing to accept it. Do any question of a new agreement jest. This was a case where de- tion to the effect that the girls were not theso indications show that he being drawn up. He agreed that fendant should be allowed costs on unregistered. was seeking not money but an several complaints had been receiv. the two issues of libel and slander apology and vindication -I coulded about the floor, many of them relating to the letter, which he had not say. It is doubtful."

being brought to him by Mfr. Adam-won.

o far as to put the contrary to yiur solicitors. Wil you give your

reasons-cannot,

while the third girl came from the to the second defendant by her The first two girls were sistars, by Tang Yau, who was handed over

rame village. - Tool Tsin was preparents at the age of nine years It is so doubtful that you went on. He was fairly well pleased

with the band's performance up to necessity to prove special damages of nge for $100, the money being practically all the beady household Mr. Silva said there was no her father when he was seven years to second defondant. She had sented to the second defendant by for 8140, a sum of 820 being paid November 28 but after that date in this case which concerned alle-requited for funeral expenses. She work to do, and received $2 wages complaints reached him. Why do you suggest it then i—

gations against a professional man, was brought to Hong Kong and a month, from which deductions. Mr. Silva. What definite com His Lordship, sitting as a jury, handed over to the first defendant, were made for breakages. The Because of his demeanour,

plaints. were there? Witness: Why do you suggest it then-Change in time. Sometimes there could award punitive damages on and then handed to a woman in girl said that she was not allowed He went round telling everybody were three changes in one tune..

the consideration, that these allega Queen's Road Central. Her wages to leave her employer until she that he was going to me me for.

tions would obstruct, plaintiff from ware paid by the second defendant. was 23 years of age when the money damages. He was telling the staff tion, said that business started fiend sequest for costs on this two

Witness in further cross-examins getting work. He agreed with me In August, last year he returned paid for her had been paid off

to the second dant, and in ♬ The first defendant asid" that the and othera

falling off after the reopening and,

Decembar you:

to delen- older girl-Tang Yau did some issues ho fade wome May 1 suggest to you' that apart he looked round toe

dant's Brandaon "to do house- housebold work but the other girl from other matters in this case,One redson apparently

WOTKA

attended did not for The Decision, the very fact that that question was floor, and the other, the put to Mr. Adamson in the witness he told Adamson (“You

Lordship In my opinion hox, shows that you were, actuated once, but cannot hoat

plaintiffs within his strict by malice in the highest degree 1-quite bbyings you den

rights in bringing this estion, I havo na time, for malice, I can-them?

action which should been brought I gav for plaintiff, for $1dás make no order as to coste.

not afford it in my job. I was not actuated by malice and Adamson knows it.

Bilver

for a per was betrothed

Appear

of three months,

Well-Trested,

The second defendant admitted. the summone, but said that she had originally intended adopting the

Teal Tim was handed to second. Mr. Schofield remarked that the of Ave on behalf of the first delen treated, and might have. defendant by her father at the age girl Teai Tsin appeared to be well dant, for $100. The girl had done adopted, and so discharged household work, and was assisted second defendant, but impotes

Continued at font of neat Caluma) fine of 850 one

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