1920-07-22 — Page 5

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SHANGHAI LIBEL ACTION.

CLAIM.

false

THE HONGKONG TELEGRAPH.

NOT PROVED.

FRENCH LADY'S MAID DISCHARGED.

An Annamite girl employed s Mlle. chamber maid by Germaine Bonuurdelle, residing at the Hongkong Hotel, was to-day charged by her mistress, before Mr. N. L. Smith, with the larceny of a quantity of silk) Ivalued at $30, and of a sum of

$15.

The complainant said, that the defendant was employed in a

THURSDAY, JULY 22,

DAIRY FARM NEWS.

New Shipment of

FROZEN SMOKED FISH -

position of trust by her, being Selected Fillets - 60 cents per lb.

entrusted with money

property to keep.

and

Yesterday

she had occasion to give ten Finnan Haddocks - 50

dollars change to a lady client,

and this was paid out of the Selected Kippers - 40

monies of which the defendant

was in charge. There was still Red Herrings

a sum of $100 with the defendant' who could only account for 390' when she was asked to return the money. During the defendant's witness found the absence, quantity of silk, as well as soms money, concealed in a chair.

The complainant added thist she had special permission from the Governor General of Indo- China to bring the girl bere, and in the event of a conviction she wanted a fine to be inflicted.

and the words were had been maliciously publish- ed, it would be open to plaintiff to prove special monetary damages. That was the only AMATEUR ENTERTAINER'S kind of action a person could have for an untrue statement made in the paper about him, unless it was At H. M. Supreme Court libellaus. In this case no kind of Shanghai, before His Honour special damage was alleged at all. Jodge Skinner Turner, a legal Counsel submitted, that, plainly point in connexion with the libel read, and there was no suggestion for a statement from the defend- action E.. A. Daarn. v. Captain F-that they carried any other mean-ant, decided that there was no Davies was heard and decided.ing, the words could nos possibly evidence of theft, and he dis

be construed as libellous, and charged. her.

His Worship, without calling

STATEMENT OF CLAIM. (1) The plaintiff is a salesman that accordingly it would be a

His Lordship-You mean the in the employ of Brewer & Co. waste of time to summon a jury L., No. 31 Nanking Road, Shang-to consider the matter. This was hai, booksellers and stationers. not a case where defendant had controversy as to whether the The defendant is the managing called the plaintiff an infernal Gentlemen and Players should director or

proprietor of the villain" or anything like that, use the same entrance to Lords? -Counsel-Yes. If it became business known as the Cafe and the fact that plaintiff's feel- Parisien, No. 25 Avenue Edouardings were piqued because defend-known, he added, that a man VII, Shanghai.

ant put this notice in the paper formerly an amateur was receiv Conn ing money from his County, he

would be socially ostracized.

(2) The defendant, an or about did not make it libellous. May 23, 1920, falsely and mali-gel strongly submitted that no ciously caused to be printed and cause for action had been made published in a daily newspaper out at all. publishing in Shanghai, called the Chinn Press, of the plaintiff, an advertisement in the following

words:

Empire Day at the Cafe Parisier.

words

used nically of a

His Lordship-If he was well known as an amateur and was secretly taking money. Is there WHAT IS AFTER-DINNER CHAFF any harm in F. S. Jackson walk- Mr. Teesdale, for plaintiff.ing on to the ground from the

libel did argued that

not professional's entrance, and in a that necessarily imply

the paperstating that he will continue must be tech-to do so in future?

Counsel further pointed out, as gross character. after A Special Dinner will be served. He cited a case in which an instance of the social distinc- Miss Batterick, Mr. Flan-dinner chaff reported in a nestino, that gentlemen players dined nagan, and Mr. Dearg will enter-paper had been held to be libel-by themselves when they were tain during the evening.

touring the country in matches. (3) Plaintiff never agreed with His Lordship-consulting this Plaintiff, he went on to say, did the defendant to entertain at the

was not ask for heavy damages. He case observed that he said Cafe Parisien, or on the said bound to say the words used were submitted that by the advertise- day, or at all. He is not a pro-very far from being "chaff." meal plaintiff had been held up fessional performer, and has in' Counsel cited another case in to public contempt and ridicule,! consequence suffered much an-which an artiste bad successfully and that, therefore, trial of the noyance and has been injured in claimed for damages in con-action should be proceeded with. his credit and good name and

sequence of her name having

་་

lous

social position, and has incurred been put in poor prominence ont Mr. Reader Harris, reply- public odioro and ridicule and an entertainment bill. Tois. he ing to the

DEFENDANT'S REPLY.

ALL HONORABLE MEN.

"back-door referred 10 the contemp:.

observed, showed how far the law

argument. (4) The plaintiff claims was prepared to go to protect

honourable social position 1.500 damages.

people's reputations.

His Lordship-In that case the held by people like Mr. Kennerly Rumford. Only a very thin-skin- ned person, he said could imagine these things. There was nothing to hold him up to contempt or ridicole, and counsel did no: think the advertisement actually! held him to be a professional.

His Lordship-It was a public fo: advertisement

public restaurant?

Counsel-Yes, but on a special

(1) In reply to paragraph I of person's professional reputation The worst cop the statement of claim, the defendwas assailed. ant admits that the plaintiff is struction you put on the words in! salesman in the employ of Brewer this case is that Mr. Dear is a &Co., Ltd., but states that be, the professional performer.

Mr. Teesdale defendant. is the proprietor of the

Was that plaintiff

well Woosung Forts Hotel and is no say

ja Shanghai 43 longer connected with the Cafe known

amateur conjuror and ventrilo Parisien.

went

ΟΙ

20

2

(2) The defendant admits the quist and had performed on publication alleged in paragraph dumerous occasions at private 2 of the statemen: of clain. parties and charity entertain-occasion, Empire Day.

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be Defendant, whom (3) The words set out in para-ments. graph 2 of the statement of claim knew very slightly indeed. in-

serted this advertisement in being are no libel.

in added.

is nothing derogatory, counsel

函 T080

increas-

his

income

by

skill in entertaining bis friends. (4) The defendant will object ChinaPress without any co 1: was absurd to say they would that the words complained of are sent on plaintiff's part or his

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showing them to have been used forth that he was to appear as

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to sustain the action.

His Lordship, in giving his

that they are insufficient in lax staurant. Plaintiff at once wrote decision, said the question as to to defendant complaining of what whether the words complained of libellous was always a Mr. J. H. Teesdale appeared for had been done, and asked him to were plaintiff and Mr. M. Reader Har-insert an apology, but defendant question of law for the Court, and refused and did not seem ready it was the duty of the Court to to make the amende honourable.withdraw a case from the jury if in the Court's opinion Mr. Reader Harris-Actually,

could the words defendent himself wrote a com plete apology. He mentioned how any libellous meaning.

ris for defendant.

DEFENDANT'S COUNSEL. After a technical point relating

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SCIATICA AND RHEUMATISM.

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Real agony, that pierces your that sboots down

Bre

on the point as to whether the

special meaning had been put on words complained of were legally tried to stop the name appearing.words in the pleadings and no sufficient to sustain an action. GESTLEMES AND PLAYERS. the words. It was not now sug-LANE, It was clear, he said, that they Mr. Teesdale went on to say

fessional. In order to be libellous, were not capable of conveying & that while some people welcomed gested that Mr. Death was a pro- strong words must injure B man's defamatory meaning, and if the publicity, others had a& case went to a jury, His Lordship objection to it and plaintiff reputation, and bring him into would have to direct that the case much anuoyed to have his name public ridicule and contempt. In

so successful as a remedy. They be dismissed. No innuendo was appear in this way as a public this case the only meaning the

purify and enrich the blood, and pleaded. Counsel failed to see entertainer. It was virtually swords conveyed was that Mr.

they ruake new, rich red blood at how the words taken in their announcement that he had be-Dearn was a professional, whereas

query dose, thus revitalizing the plain meaning. "Mr. Dearn will come a professional entertainer in fact he was not. Accordingly,

nerves, invigorating the digestion entertain during the evening," and there was no question but His Lordship could not see how

and restoring health and strength could be interpreted in &that serious injury had been done the words could come within the

to the whole body.

Anaemic defamatory sense, even if, as to him. As an amateur entertainer definition of libel. He could not

aasy people was admitted, the words were he would go on an equality with see how they tended to bring hip and not true, and Mr. Dearn had the other guests, but as a profes plaintiff into ridicule and con- your leg agony that grows worse victims to rheumatism, and on not agreed to entertain. There sional he would go, figuratively tempt, suggesting that he bad when you are warm in bed and other hand rheumatiam rapidly was nothing in the words to speaking, through the back door: joined the ranks ofhs profes-longing for sleep-that is Sciatica. thins the blood, thus inducing Impate disgraceful conduct, or be would do bis turn and retire,sional performers. In these cir- Fains in your joints and muscles, anemia. For anaemia and all affecting plaintiff's reputation. through the back door. He comstances, it seemed to him perhaps No outside circumstances were would in no sense be on a social that if they came to try the case swelling. alleged. It would be an extreme equality with the people who before a jury it would be his duty feverishness, proposition for any court to bold were listening to him. Suppoe to withdraw the case from the appetite and a general feeling of remedy in the world for over thirty that the suggestion (not pleaded ing him to be a professional, he jury, and, therefore, the only weakness and misery, these are in this case) that plantiff was a would no longer enjoy the society thing to do would be to adopt the symptoms of Rheumatism.

Both Rheumatism and Sciatica professional entertainer held him of those of his friends before that course now without going up to "public ridicule, hatred and whom he had appeared. Counsel into the evidence. He must hold are due to the same cause, & de contempt." That would be recalled the controversy which that these words were not libell-bilitated, poisoned state of the terrible aspersion on the actors occurred in England some time ons, and accordingly give judge-blood. This explains why Dr. profession. The action had been ago concerning professional and ment for the defendant, with Willisnis pink pulls have proved wrongly conceived. Supposing amateur cricketers.

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