1928-03-15 — Page 7

HAYNES LIBEL ACTION FAILS.

(Continued from Page 1) went to Shangahl, where he

THE HONGKONG TELEGRAPH.

His Lordsb:-What is the date of this report you so describe?

Mr. Haynes:It runs through

THURSDAY, MARCH 15, 1928.

facts of this case, a summons in serve your paper by taking on the the Polico Court, would you re-assistance of Mr. Haynes Yes, gard à poster such as that, consis-: And later Mr. Burnett queried | tent with journalistic ethics.”

your right to do so?—Yes.

His Lordship-I don't think I will ask him to answer that ques- tion. It is one for the Court.

Questioned by Mr. Alabaster,

secured an appointment as a ro-the months of Novemben and Do-You must leave that to me.

· portor on the staff of the cember last year. Shanghai Mercury. Only a week

His Lordship:-I am not conwitness said the report of the case later he was given full charge of corned with that. the paper as editor. He stayed Mr. Haynes: I overlooked thin, said Mr. Blake prosecuted and there for just under three years: because at that time i was practi- that Mr. Lindsell said to the plain- tiff "You are discharged," not once when he had a quarrel with the cally a broken man. Directors and left. He then be- His Lordship remarked. that but twice.

Mr. Alabaster:-So there was a little friction but ultimately it was settled by the payment of $90 odd to Mr. Haynes 7-Yes!

Battalion of Reporters. Mr. Haynes put further questions to Mr. Dobbio and asked if the first thing done when the staff arrived in the morning was to plagiariso a copy of the morning newspapers. Withness replied that ovening nowa previous day's events.

KEBEL GENERAL

SUBJUGATED.

CLASH AT WUSUEH NOW. OVER.

Shanghai, Mar. 14. The fighting which has taken placo in Wusuch involves a clash between two contingents of Gen- cral Pol Chung-hal's army.

General Pei received informa- tion that the Third Division under General Ho Tiu-ting, stationed in

came night editor for Reuler, there was no need to deal wited and said he was an editor by papers had to publish some of the Wusuch, were doubtful in attitude

..

where he remained for six months. matters outside the writ. Ha resigned from that position of Mr. Haynes went on to say that his own accord.

he was going Home and everything Continulug; Mr. Haynes said he was arranged, but the arme de came back to Hongkong and termination which brought him arrived on September 1st, 1926. back to China made him decide to He had an interview with Mr. stay, whatever happened. Burnett who gave him a job on the spot. He did not, however, get on very well with a member of the stat with whom he had worked

1927.

lle

Poster Lines.

Mr. Haynes, referring to the some years ago previously in the recent Law Society prosecution, Malay States. A break came and said the summons was one of the he (Mr. Haynes) left in February, ordinary kind heard every week Police Courts. Dozens took in the Immediately up the position of a resident were heard by the Magistrates dur master at St. Joseph's College in the week, cases ranging from stray dogs to tyrannical drnals. They covered all kinds of offences, offences about which nothing had been heard before.

be-

Mr. J. T. Dobbie was next call. profession with over 29 years' ex- perience, Ile was at present un- employed. In reply to questions he said he had known the plaintiff for some years. Witness was on the stall of the China Mail and Sunday Herald in December last

year.

Reported Efficiently. Replying to further questions, Mr. Dobble said he recalled Decem ber 11 when Mr. Haynes undertook reporting work covering a Police Court, lawn bowls and a piracy.

towards his command. Mr. Haynes:And as far as the The Hankow chief sent Gono- case, is concerned the China Mail rala Lo Chi-klang and Chion Chun would not have two reporters in to disarm Ho's division, which Court. We have a battalion of re-resisted. porters here to-day.

Mr. Dobbie was understood, to reply that some reportera worked together on courts.

Mr. Haynes:So it would not be extraordinary if ono paper had the same report as another?

Compromise.

Mr. L. E. Haynes then went into the witness-box, and produced & His Lordship:--He reported letter which he wrote to the within two weeks.

should like to, say that Mr.

efficiently?Yes.

In reply to His Lordship, wit China Mail in regard to a claim for Burnett and I parted on very good

"professional services rendered, terms. Form then onwards there

ness said he was not present at and in which after stating that Referring to the China Mail an interview which took place on prevention is better than cure" was nothing lisagreeable

newspaper poster on this case, the following Monday, but he was where recourse to a Court of law tween us until December 13th.

His Lordship:-On that dato Mr. Haynes said when he was sent for later by Mr. Burnett, Mr. is concerned, expressed his will- walking along the street on the Haynes did the reporting workingness to accept the sum of $20 what was your employment?

some hesitation, Mr.same day, he saw a poster with with Mr. Burnett's knowledge. as a compromise, although he After Haynes replied that he was tremendous black lines "Haynes Mr. Dobbie went on to explain valued bis services

Discharged."

how 'doing nothing.

the staff WAS employ-higher figure. Continuing, Mr. Haynes sald:-ed on the Saturday when Mr. Saying that the object of his Who is this person?

Haynes undertook reporting work, His Lordship-That was not on and said the paper eventually the poster?

"went to beq" about three o'clock on the Sunday morning.

then

A "Nose for News." Mr. Haynes said he was gifted with what journalists called a

Mr. Haynes: No, my Lord. I "nose for news" and in any way he could help the China Mail he am trying to convey the impres- man in the street. did so. He contributed as a "free sion of the lance," for which he was sometimes This was not a man who had been puid and sometimes not. Ho heard of for weeks previously; wrote the dramatic criticisms of not a man who had been in the "Merrie England" and "Bulldog public eye. The penalty for the On December 13th, a Monday, ment. But there were those he called upon Mr. Burnett with words of the poster. You had not reference to remuneration for to pay ten cents to get this in- same work done. On the previous formation. Saturday, he was held up on the steps of the Theatre Royal and

Drummond,"

asked if he would forego.his even-

attend

Kow.

offence was not even

imprison

གྲྭ་

Mr. Haynes-I worked prae- tically 17 consecutive hours. Yes.

For Everyone to Sec,

at a much

The fighting continued till late last evening and resulted in vie tory to the force loyal to General Pel

The robela were disarmed and General Ho Tiu-ting captured.

This morning, Ho. was escorted by a heavy guard to Hankow where he will be personally tried by General Pel Chung-list.

Both forces sustained casual- Ities during the fighting but no heavy damage was done to the elty of Wusuch where. order was restored immediately.

has been ordered to Lake charge General Lo Chi-kiang's division of the garrison of Wusueh- Nam Chung Pao,

GENERAL CHIEN JOINS CHIANG.

ANOTHER ALLY IN NORTHERN EXPEDITION.

Shanghai, Mar. 14 General Chien Ta-chun, former- ly Police Commissioner in Canton, loft Shanghai this evening for Nanking to interview Marshal Chiang Kai-shek.

action was to put an end to per secutions of a like nature, witness then produced copies of the China Mail which he said were part of the same comment to which he took exception.

Reading from plaintiff's state- ment of claim in which the dec- Mr. Haynes: What happenedclared that the words "Haynes on the Tuesday 7-Mr. Burnett Discharged" as published both in showed me a "copy of a letter you the newspaper report and the had sent to him. It was postednewspaper poster were intended on the notice board.

to and did convey to the public of General Chien is Commander of this Colony the impression that the 32nd. Nationalist Army. HIB plaintiff had been dismissed from forces recently took part in the war ployment, Mr., Albaster saked if against the Ironsidca an the side it was not a fact that plaintiff had of Marshal Li Chai-sum, but have just admitted he was out of em-recently arrived in Klangsi after a ployment at the material date.

Mr. Haynes: For everyone to Bee? Yes.

Plaintiff denied it.

Doing Business,

In reply to further questions Double Column Heading. witness said he was inter shown Continuing, he said that when a writ and was understood to ing's engagement and cover the Tung On piracy, reported by a ten cents had been paid for the explain that there was some dis- wireless message which had just paper, it was found that the same cussion with regard to payment for Mr. Haynes' work. Mr. come through. He was told that words appeared in a double column Dobbie said the writ was also the Sindey Herald had no-one to headline on the top of the first posted on the notice board, and

What were you doing on the 8th add two columns on the front page.in reply to Mr. Haynes words February was doing what I Haynes it. Mr. ed that he had been' work. The repurt was continued on Page were spoken to the effect that If Ing for the Heraid all day, at Mr. Haynes put in a copy of Mr. Haynes came upstairs he was doing, business.

That is to say as proprietor and "morn- the China Mail for February 8th. would be kicked out. the the Magistracy in ing and lawn bowls at

His Lordship:-Your summons

Witness said nothing further editor of the Hongkong Observerf foon in the afternoon. It was only was the only one finished on that happened until the eve of the dayYes, and also as the South China by reason of the fact that he had occasion,

on which the writ was down for Trade Protection Association, been dining with Mr. Dobbie, the Mr. Haynes: It was withdrawn. hearing when Mr. Burnett called Mr. Alabaster again asked night editor of the paper, that they

His Lordship:-Two other sum-witness into his office and said witness if he seriously thought had known where to find him. mones were outstanding and the he would endeavour to com- that the lines "Law Society Suit"

report indicated that the other promise.

"Haynes Discharged" as they appeared on the poster, conveyed to the publie the idea that he had been dismissed from employment, witness affirmed that as they appeared in the way they did on the poster, the words did conver that meaning. They did not appear to be go on the draft pro-

him.

Payment Icfused.

The Christle Case,

用

i

two summonses heard?

had still to be

invent

you

Mr. Dobble as Peacemaker. Mr. Haynes:e sent round as pertemaker?--Yes,

We met at the Cafe Regent and had a prolonged interview 7-Yes. What were the explicit condi- tions upon which I agreed to accept that compromise?-That I would not be penalised in any way. Mr. Haynes:-The case was you should not be penalised?

L caso case.

duced in Court,

Mr. Alabaster:-But there was nothing in the report itself to suggest you were discharged from employment?

Witness admitted that was so.

long journey across the provinces of Kwangtung, Fukien and Che- kiang, Chien himself arrived in Shanghai a few days ago, and is volunteering to Marshal Chiang for joining the Northern expedi tion—Nam Chung Pro.

A

Witness was asked to suggest what alternative expression Magistrate might use in place of the words "the summons against you is dismissed."

He replied that the Magistrate probably would have said: "You are discharged." .

Mr. Alabaster:-That is what wo suggest he did say.

Meaning of "Discharge."

However, Mr. Haynes went on to

Mr. Haynes:-Yes. say, he agreed to attend to the

Mr. Haynes said that the words piracy and worked on the water- dront until past midnight. When complained of also appeared on he interviewed Mr. Burnett, the Page 7 in the text and also as claim for remuneration was dig-sub-heading. It was rather un

Mr. Alabaster then looked up. puted, on the grounds that he had fortunate that the actual poster

the definition of the word "dis- not engaged him (Mr. Haynes), had not been put in.

charge" in standard dictionaries, "I submit," he said, "that the

and amongst other meanings set saying that he had been engaged! by Mr. Dobbie. Mr. Haynes con- action, and I shall call evidence tinued that that was ridiculous, to support my submission, in withdrawn on the condition that

out in the volume which he took up, this definition was set out:- hut Mr. Burnett refused to pay. handling the case in this manner

"To relieve of something weigh- He(Mr. Haynes) then went can only have been actuated by Yes.

ing upon or impending over one, home and wrote what ho consider malice. No sane journalist would And a few days' later you were

Same Word..

as for example a debt, claim, ed to be a really courteous letter deliberately set out to pillory a given notice? Yes. to Mr. Burnett, to which he re- man in such

Reading from the second part of obligation, accusation, etc.-to ab- aminnner. They is Lordship:-Mr. Dobble's ceived no reply, so he issued a have prnetically inken it upon position is not involved in this plaintiff's statement of his case, solve, to acquit or to exonerate of wri Mr. Dobbie was sent round themselves to

where plaintiff claimed, also, that guilt."

Witness denied that the Magle- to see him the day before the caso, against me. You can't get out Returning to the case before the the word "dischanged" as appear- was due for hearing, with a view of a bath until you get in it, nelther Magistrate, Mr. Haynes asked wit-ing both in the newspaper report trate did use the word "dis- to accepting a compromise which, can 13 man be discharged be-ness if he heard Mr. Lindsell use and poster, was a deliberate mis- charge."

Mr. Albabaster:-lt will make a after some discussion he (Mr. fore he is charged. If you would the word "discharged" and witness statement of the facts involved in Haynes) accepted. From that mo- like to hear me on Lord Darley replied that to the best of his know that cake, Mr. Alabaster put it to difference in the case if they say ment onwards he was bound to and suing newspapers......

ledge, he could not remember that. witness that the Magistrate him- what he did say, say that Mr. Burnett appeared to His Lordship intimated that he

Mr. liaynes said he made applica-self, not once but twice, used the Witness:-It might help your have deliberately set out to attack did not desire to hear. Mr. Haynes tion for copy of the depositions word "discharged," whatever the case.

"I don't Magistrate might mean by that; Witness said that in a consider- on the law at that stage.

and Mr. Lindsell said: think I can hear you. The case and that the other newspapers ined statement, issued, later, Mr. “Public Ridiculo.”

against you is Anished."

their respective reports of the Lindsell employed the words: case, had used the same word. "the summons must be dismissed." Last September, continued Mr. Ria Lordship: You say you

Not On Official Duly.

Witness alleged that there was Haynes," he was approached by a have actually suffered damage by

Cross examined by Mr. Alabaster, only one reporter in Court,-ha man named James Christie, whom, this report? I have been held Mr. Double said he did not take a thought it was Mr. Julyan, as far he knew to be a member of the

up to public ridicule. gang of Company promoters who is Lordship: You have not report of the Magistracy proceed as he could remember.

Mr. Alabaster-You Bay you got him into trouble in. England, lost any employment? Nothing of ga, not being there on offeinl In 1922. Christle asked Haynes that kind has happened?

'duty.

were not discharged?-I certainly do certain things, but he "Just

Mr. Alabaster--In the report in was not discharged, in a case of listoned." Afterwards, he went for damages on that score, merely words: "The

Mr. Haynes: No I am not suing the Daily Press you see these this nature.

summons against Witness submitted that the pro- straight to Mr. H. T. King, Direc-

You are dis-per word to use in a Summons you is withdrawn. tor of Criminal Intelligence, and fighting Kaiserism.

Mr. Haynes called as a witness

case was not "discharged.". Whore told him exactly what had occur-

charged."

"Might ask you one question? Mr. D. H. Blake, the solicitor con- red, and, upon Mr. King's instruc. Mr. O. T. Breakspear, editor of

"In what connexion, you are discerned in that case, was reported the action not for the purpose of tions, be cultivated Christie's ac- the Hongkong Daily Press, who quaintance. Ultimately, Christie said he appeared under subpoena

charged." That is the report in to have "withdrawn the charge," pecuniary reward but to stop what; and another man were arrested; Mr. Haynes, (addressing Mr. that paper. It says Mr. Lindsell witness held that the proper wond-obviously to him, was porsccution. charged at the Central Magistracy, Breakandar) mid, "You don't know used the word twice. Are you pre-ing should have been "withdrawn They had the authority of Mr. found guilty and sentenced.

why I have asked you to come here. pared to say he did not use them? the summons," becauso, witness Lindsell that the reporting of

added, there was no charge. For reasons which he had not am taking a risk. You may be It is not a verbatim report. been able to ascertain, the de- for me or against me." fending solicitor considered it his! A copy of the Hongkong Daily business to unravel a somewhat Press for Februaler Pro deplorable episode of his (Mr. duced and Mr. Alabaster Haynes) life in 1922. From hle marked they should have been point of view it meant four years' supplied with copies. work of rehabilitation crashed to Mr. Haynes (to witness): Is the ground in one stroko

there anything in that paper, about Mr. Alabaster remarked that the my having been charged or dis- solicitor mentioned by Mr. Haynes charged..

ro-

Mr. Alabaster referred to tho Hongkong Telegraph of the 8th and said there was a heading "Haynes Discharged" and some remarks he tween Mr. Lindsell and the plain

His Lordship: Is it not a fact that the saine. report appears in some other paper?"

tlf.

*Newspaper Connexions,

No Case. Plaintiff having signified that this evidence would close his case, Mr. Alabaster, in submitting that the defendant had no case to an- swor, was about to address the Court, when his Lordship Bald:--- I won't trouble you. I don't think there is a case.

Plaintiff said that he brought

Police Court cases was lament able, and it did seem to him most Could be "Convicted".

astounding that people could con- Quating from the Section under tinue deliberately to deter his which the plaintiff in that case own efforts to make good. A man was summoned by the Hongkong placed in his position would have Law Society, for the alleged jumped into the harbour. offence of practicing or acting as Plaintiff complained that in an| a solicitor, Mr. Alabaster pointed other case in which he was in to the words "ahall upon summary volved, "Haynes Again", appeared conviction be liable to a fine not as a heading for its report of the exceeding $1,000."

case, and he asked if it was not Mr. Alabaster: You will not malice which inspired this head think that it was not an offence ing for which you can be convicted? Witness replied that it was not

"Lot Out of Läitle."

did not mean the present defen. Perhaps Equally Offensive." Mr. Alabaster:-Certain papers. dant's solicitor.

Mr. Haynes replied by saying His Lordship: It says some work together, but there is no sug- that he meant Christie's solicitor. thing which is perhaps equally gestion that the Telegraph and the

*A Disgrace."

offensive, that you figured promin- Daily Press work together. There

are two papers in the same build- an offence for which one could be

His LondshipIt is clear in ently, Mr. Haynes Continuing, Mr. Haynes said as Mr. Bronkapear was understooding, the Telegraph and the Morning hold in custody.

Custody of the Court or custody my mind that the words complain- far as the other newspapora were to say that the report said Mr.Post but the others are entirely dis-

of the Pollca? It is not an offence ed of aro not defamatory and can concorned the facts involving him-Haynes was discharged, His Lord-sociated.

Mr. Dobble:The Daily Press for which you are liable to arrest, not possibly carry a defamatory were reported absolutely ship commenting that thelon of the 9th may have the same re- Mr. Alabaster pointed out that Interpretation., It seems to me in fairly, but the "manner in which guage was attributed to Mr. Lin port as the Telegraph of the 8the the section in the Ordinance this, action an attempt has been they were reported by the China'sell himself.

Mr. Alabaster:To go back to suggested conviction; consequently, made to make a lot out of little, Mall I can only describe as re- Handed a copy of the poster, Mr. the 11th of December when you say a man appearing in Court in con- The action must fall to the ground. yolting and a disgrace to British Breakspear was

Judgment was given for the asked by fr. you were shorthanded. You connexion with that section, could be

defendant, with costa, Journalism.”

Haynes: "Having regard to the aldored it right to do your best to convicted."

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