1938-12-16 — Page 7

HONG KONG DAILY PRESS

H.K. JOCKEY CLUB SUED FOR ALLEGED LIBEL Publication Of Notice Admitted By Defence

(Continued from Page 1)

·1935. recommending among other things. between 12 and 13 lbs., of feed per day

Opening the case for the plain-¡ January tir. Mr. Macnamard said the action was one of libel-an attack had been made on Mr. Brayfield's re- putation

Mr. Brayfield was 1 man who had been in the Colony for a great number of years; he was principal of the firm of Carmichael and Clarke, marine surveyors, and, from a social paint of view he was a special juror and a Justice of the peace. He had also engaged in the sport

of racing and not only dld he keep ponles for racing at the Jockey Club but he also had a private stable and was an expert on horse breeding.

Mr. Macnamara: Did you give them any extra rations from the Jockey Club?

Witress! Not with these extru rations of mine.

So you were surprised when you got the bill for extra feed?—I was. I suppose your letters represent your views still?—Yes.

Mr. Potter: If in fact Tau Ko- po, your trainer. had given this excess feed to your ponies, would you have paid?-I would been annoyed and surprised, but I would have paid.

have

"The plaintiff in this case was

Tau Ko po is still your trainer? posted at the Jockey Club as a-He is still my trainer, but he is defaulter," Mr. Macnamara went on an employee of the Jockey Club.

I

"It is not suggested in this case that Mr. Brayfield could not pay. since the account in question was between $130 and $140 of which he pald up all but the 39.10 is the subject of dispute.

"They knew that he disputed the facts and yet, with their eyes open.

HIGHLY REPUTABLE

the Jockey Club that he gave your He informed the accountant of ponies 9 lbs. of extra feed?-1 never said so. He is a highly re- putable man.

rodder

Did you say that the amount of consumed Was between

COURTS

Girl Rushed Examination To Hospital For Air Raid

Wardens By Plane

When the Air France plane, Ville do Beyrouth. arrived from Hanoi yesterday. It brought an invalid passenger, Miss Edith Sanders, who was being rushed to Hongkong for an operation for appendi- ritis. Born in Shanghai, Miss Sanders was suddenly taken ill in Kunming (Yunnanfui about a week ago.

DATES, SUBJECTS ANNOUNCED

The Air Raid Precautions

announces Officer

thai the first course of instruction for the Air Raid Wardens held at the Headquarters of the Emer- rency Unit Reserve. (Police) has been completed. The young lady's mother, Mrs. Arrangements have been made V. V. Sanders, was as the airport for the members, who attend this with an ambulance. and the course to take their examination patient was taken immediately to jat St. Paul's College, Pedder Hil the Kowloon Hospital.

(by kind permission of Mr. Stewart, Headmaster),

PLANE MOVEMENTS The Air France plane will leave Kai Tak to-morrow on 'lts return to Hanot?

The dates, times and subjects of the examination are as follows:-

December 16, at 5.30 p.m.-Per-

against Protection

gas. (A.R.P. Handbook No. 1).

December 18, at 9.30 am, to i a.m.) First Aid for Gas Casualties. (A.R.P. Handbook No. 21.

Two Imperial Airways planes.sonal Delphinus and Dardanus, arrived yesterday afternoon with mail from England The three planes of this Company will leave for Bangkok this morning with the mall destin fed for Australia and England.

December 18. at 11.10 a.m. to 1.10 p.m.-The duties of Air Raid War- One plane is due back to-morrow dens, etc. (A.R.P. Handbook No. 8).

Candidates

рет iternoon with mall from

Aus

obtaining 75 tralla, only. Two other planes will cent. marks in each of the exami- arrive in Hongkong to-morrow nation papers will be issued by with the mait from England, Government with an Air Raid War- certificate. to- which has been delayed 24 hours dens Instructors due to poor weather conditions on gether with an Air Raid Frecau

tions Badge. thus qualifying as, an the main line.

Air Raid Warden Instructor, and Candidates who obtain over 80 per cent. but under 75 per cent, will be issued by Government with an Air Raid Wardens certificate.. to- gether with an Air Raid Precau- tions Badge, thus qualifying for the duties of an Air Raid Warden.

they put his name on the board owner and trainer?-I would notify HOP YAT CHURCH

as a defaulter."

Mr. Macnamara then proceeded to give detalls regarding corres- pondence between the parties.

The defence admitted publica- tion of the notice, that it meant plaint had failed to pay his ac- count and that in consequence he was a defaulter. Defendants. how

ever, clalined their action was a

Major Hogg if I wanted excess fodder.

:

You know very well that the practice is not to go to Major Hogg but for the trainer to bet the fodder himself?-I don't know.

If excess fodder was agreed be- tween you

and Tau, the latter

CONCERT

CHORAL ITEMS IN PROGRAMME

would go and get it?--I suppose 50 gramme has been arranged for the An exceptionally interesting pro- On April 8. you wrote asking for Christmas Choral Concert at the

ABSENT JUROR FINED

12

When the hearing of the Bray-

privilege. but this, counsel rub substantial proof in respect of the Hop Yat Church in Bonham Roadfield vs. Hongkong Jockey Club

misted, was a matter entirely for the Court.

MR. "BRAYFIELD'S EVIDENCE

Mr. Brayfield, in the witness box, said he had been a member of the Jockey Club since 1909 and "tart- ed racing in 1921.

ia

In reply to Mr. Macnamara he agreed that he had twice pre- vimslý pald small charges for ex- cess forage but in one case he was satisfied by the then stable mana- ger. Mr. Kinchin, and

excess fodder. You were therefore at 8.15 p.m. on Wednesday, Decem-Libel Case was resumed before refusing to accept Tau's word?ber 21.

Honour the The soloists will be Mary His

Acting Chief Yes..

iWu (soprano); Wu Pak-chau Justice. R. E. Lindsell, in the. Why? Because it was so utterly tenor); Ho An-tung violin: and Supreme Court yesterday. "after- Impossible for the pony to have Lee Muk-long (flute),

noon, Mr. V. D. Borby, alanager eaten so much.

The Rev. Cheung Chuk-ling will of the Hongkong Electric Co. Ltd., Why didn't you tell the Jockey preside and. Mr. Fung Hin-chung was called before His Lordship Club about this? I already ad-will be conductor. Mias Lam Keto offer an explanation as to-wny mitted I was prepared to pay for wan will act as accompanist. The he had failed to appear when his it provided substantial proof was programme will be as follows:- name was called in the mor- forthcoming.

And the Glory ui the Lordning to serve as one of the special

Jurors on the case.

Is

And substantial proof, would be "Messiah-Handel. a statement by Tau?-I suppose it on the

I am Alpha and Omega-Stainer. Largo Espressivo, with hum- AFTERNOON PROCEEDINGS

ming-Pugnan: In February this year he had Before Mr. Brayfield returned to Salvage Master and Shipmaster in the witness-stand to continue be-

second occaston the amount was paid while he, witness. was away.

Andante Mozart.

O'er Land and Meadow (choral

Hallelujah Amen-Handel.

The Heavens are Telling ("Crea-

his stable. He made no arrange Ing cross-examined by Mr. Fotter.accompanimenti-Rossino, ment with the trainer as regards the foreman of the jury. Mr. Flem- excess fodder and he disagreed ing. asked His Lordship's permis- with the course for feeding clrsion to retire for five minutes as tion"-Haydn. culated by Mr. Bernard Brown in the jury wanted to discuss the case, His Lordship: It is not your function to discuss it at this stage of the proceedings.

Join the Smart

Set!

Mr. Fleming: Could I say that at this stage the jury have heard. sufficient to form an opinion?

is Lordship: I don't think you are entitled to form any opinion Millions of smart, well- until the case for the plaintiff is groomed men over.

creem. keeps the e hair

|

I Concerto No. Accolay.

Mr. Sorby: At about 9.45 am. my chief assistant came into my office, kept me talking, and I for- get the time.

Come to the BIGGEST

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CONDOR PLANE

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First intimation that another Condor plane will shortly arrive His Lordship: Is that the best in Hongkong. was given yesterday excuse you can offer?

Mr. Sorby: It is the truth,

when it was revealed that the German Consul had sought per- Hy Lordship: Oh, I am con- mission for the plane to land, vinced of that, but it is no ex-probably in two days' time. in A Minor-cuse. The result of your non- Little is known about the flight, appearance is that another mem- but it is thought it may be con- ber of the community has to put}nected with the other Condor. in at least two days' Jury ̈service, which, after achieving a record while you have escaped with part flight from Berlin to Tokyo, of a morning. You will pay a fine crashed in Manila Bay on Its of $25.

homeward trip, last week,

There Were Shepherds--Gie. Angels' Serenade-Braga.

O Lord My God-Beethoven.

In Native Worth ("Creation")

Haydn.

Hallelujah Chorus "Messiah"- Handel.

Appearing before Mr. R. A. D. Furrest at the Central Court yes-

Pleading guilty to a charge of cruelty to fowls Wong Ka, 20, a Kwok Yau, 22, unemployed, was terday charged with stealing 50 refugee, was fined $10 by Mr. R. A. use Bry- Detalled. cross-examination by sentenced to three months' imprcents from Ip Man-wab, at Haven D. Forrest at the Central Court Mr. Potter regarding the matters of sonment by Mr. R. A. D. Forrest Street, on Wednesday. Chan Hing, yesterday. Inspector Russell said in place all feeding, measurement and weight at the Central Court yesterday unemployed, was sentenced to alx that 153 chickens were crowded in- day, without of the feeds followed

when he was found guilty on a weeks' imprisonment. Going un 10 the conversation charge of aiding and abetting the plaintiff had had with Mr. T. E. theft of a fountain pen from L Pearce, Mr. Potter asked: I put it Tat-sang, at Queen's Road Central, to you that Mr. Pearce approached on Wednesday. you in a most conciliatory manner

the use of

guai, soap or starch,

and frees the scalp from dandruff. Get Brylcreem yourself

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and made every effort he could to had in fact been allocated the try and settle the unhappy dispute. horses.

Is that true or not?-He definitely

Mr. Macnamara announced that wanted payment without any evi-that was his case. dence.

!

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Following some discussion

to three crates.

Dogs And Cats On Menu

Of Queer Restaurant

One live canine and several that had been killed, and a menu describing the "delicious dishes of abaloni and dog or cat meat" were the exhibits brought to the Central Court yesterday when two men. Wong Kwong and Lal Tong, appeared before Mr. R. Edwards in connection with a charge of operating an eating house without a licence.

W you agree that he approach-amongst the jury, their foreman ed you in a conciliatory manner?-said they would like to hear Taur

When Mr. Pearce Ka-po. approached me I congratulated His Lordship: I am sure he will Mr. A. K. Taylor, Chief Sanitary Lal Tong pleaded not guilty and him on a win and he said 'never be called, but it is not in the pro- Inspector, stated that a revenue | sald that he was only a foki of the mind, I want to talk to you on an vince of the jury to ask for such officer who, acting on information, eating house. He was discharged important matter."

and such a witness to be called. I had carried out a raid on the de- when Mr. Taylor accepted the was merely waiting to see whether fendants' premises. No. 8, Kau U plea.

MAFOOS TESTIFY

After further cross-examination you wished to renew the suggestion Fong, in connection with drugs Two charges, that of possession of Mr. Brayfield, two mafoos in his you made earlier this afternoon to came upon the queer restaurant of opium and about two gallons of employ. Tang Ping and Tang Kam-retire for consideration. I direct- and then informed the Sanitary duttable wine. were preferred Ichuen, who respectively looked ed you at that time that you must Department of the facts. To- against Wong. He "pleaded not after Salvage Master and Ship hear the case for the plaintiff. gether with other officers Mr. guilty to the charge, saying that Master, two of Mr. Brayfield's The foreman thereupon said the Taylor went to the premises and he had purchased the spirit from horses, gave evidence. They testi-jury did wish to retire. After eight saw several newly-killed 'dogs

a shop. fled as to the feed each horse was minutes the jury returned and the hanging in the kitchen and several

Revenue Officer Millington, who jgiven every day. Both refuted the foreman announced: The jury de-boilers containing animal meat

suggestion made to them by Mr. cide that the case should proceed. being prepared for sale. One live was not prepared to accept the Sheldon, I cross-examination. His Lordship adjourned the dog. which would have met with plea, requested and was granted a that a somewhat larger quantity hearing till 10 am, to-day. the same fate, was tied up.

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