1933-02-07 — Page 19

WOMEN IN SLANDER ACTION

BEAUTY PARLOUR

COMPETITORS

www.www.t

$200 AWARD TO

MRS. BETEN

THE

HONGKONG TELEGRAPH. TUESDAY, FEBRUARY 7, 1933.

логов оп her head were not in from someone with a view to using SOLDIER'S BID FOR

in

any way attributable to the per- what they are going to any manent wave, to, deny all liability, evidence unless there is very clear The permanent wave was given evidence that they are the persons In June, and between that date and either they originated the and the 9th July, Mrs. Major went statement or on previous occasions to Mrs. Beton and asked her if she made the statement that statement could come on the afternoon of was privileged. The consequence July 9th to have her hair sot. Mrs. of

form of privilege Major made no complaint then is that the onus to provo malice that her hair. had been badly entirely falls on the plaintiff. acorched, and there were no sorès on har scalp,

"No proceedings wore over taken against Mrs. Beton by Mrs. Ma- jor," continued Mr. Rondall, "and it seems obvious that there was no cause for action.

COMMON GOSSIP, "After that," said Mr. Rondall,

any

very

LIBERTY

JUMPS FROM SHIP

IN HARBOUR

rescue from the harbour.

According to a police report issued from Headquarters this morning, the man, Kwok Chung- sing, aged 30, was one of a batch of Chinese soldiers on their way

board a sleamer

RADIO BROADCAST

RELAY FROM THE KING'S THEATRE

From Z. B. W. on wave-length of 365 metres (846 k/c.)

6.6 p.m. Relay of S.W.B. Rand. 7-10.30 p.m. European programine, 7-7.15 p., Orchestral,' Selections from "The Merry Widow."

Marck Weber and Illa Orch. C1890. Marek Weber and His Orch. C1507. Vienna By Night 7.15-7.20 p.m.

A Chinese soldier's bid for berty after he had been put on The defence is a denial that the board a ship for Pakhol, culminat- words were at all in the form Ined in his removal to the Kowloon which they are pleaded. My sub- mission will be that these words Hospital yesterday following his have been put down in a careless way and as strong as they possibly could be put. The do- A claim for damages, limited

fendant resolutely refuses to admit to $1,000, in respect of an alleg-

that she used the words in the form alleged. We say that the ed slander was made at the

"It was common gossip through-statements made were entleed Madame Beten, ladies' hair

had been communicated to Mrs.as ngerits. drester and beauty culturlet, Majer by Mrs. Beton, and it was Hia Lordship: I do not think carrying on business at the the intention of Mrs. Beten to there is any evidence to show that Peninsula Hotel, against 'Ma- commence

preceedings against these two persons who visited the dame Julia Sayer, trading as the that particular lady. But no pro-shop were agents of the plaintiff. Jullette Beauty Parlour, at Ho ceedings were commenced because Tung Mansions, Hankow Rond, of the unwillingness of witnesses DEFENDANT GIVES EVIDENCE Kowloon. The case was heard to come forward. That is always the difficulty with slander ac- (Mr. (long." by the Pulsne Judge Justice Wood).

The defence, anid Mr. Rendall, Mr. F. C. E. Rendall (Messrs. was a denial, and that Mra. Ly Russ and Co.) appeared for the naught and Mina Chan were agents plaintiff and Mr. D. L. Strellett, and induced the defendant to say (Messrs. G. K. Hall Brutton and what she was alleged to have said. to the Plaintiff had not come Co.) for the defendant,

In the statement of claim it court to make money out of the is stated:- On 24th October case, but only to clear her repute 1982, defendant falsely and mall- tion. clously spoke and published of the defendant in the way of her trade

to

Mrs. A hair-dresser Lyaauglit and/or one Mins Mary Chan the following words:

Supreme Court this morning by out Hongkong that this disenso either by plaintiff or her friends from Swatow to Pakhol. They had Selected London and New York Stock

спе

BUSINESS SUFFERS.

Mr. Beton, in evidence, stated that her business had gone down by 60 per cent. since September last.

|

Ming Sayer, I evidence, stated that she went as assistant to Mrs. Beten for one month in September 1929. She had since carried on business at Hankow Road. On October 24th two people came to her shop, Mrs. Lyaaught and Miss Chan. Witness referred to the alleged conversation and, in answer to a question by one of the ladies, ahe said "I heard there had been some lady who went there (to Mra, Beten's) and was burnt and had an infection of the skull and her husband was angry and taking proceedings.

WAS

asked

been placed on bound for Pakhot but as the vessel was passing Stonecutters' island, Kwong Chung-Sing jumped over- board with the intention of swim- ming to Stonecutters. Ho picked up by the coxswain of a motor boat and handed over to the police.

LIFTS

FAIL

was

GLOUCESTER BLDG. REGRETS

to

The management of Gloucester

to upologise Building wish their many patrons for the in- Witnesa said they then more questions and Mrs. Lysaught convenience caused by the fallure THE ALLEGED SLANDER.

Answering Mr Strellett, she wanted to know where Mra, Beten of their lifts during tin-time "I told her to-day. This was due to an "Mrn, Beten in only Chinese and stated that she first heard the learned her trade. not at all good. She does, not words complained of on October she learned it in. Hongkong and interruption in the power supply: know how to work as she has never 24th from Mrs. Lyaaught and Miss she was practising permanent wav- the cause of which is at present

ownunder juvestigation. learnt. She has no diploma and Chan, and she took them down in ing on her amal in her

Immediately after-home. It was her amah who taught her pencil and how to do permanent waving. Be- warda typed them out and sent a sides, she is not clean and does not copy to Mr. Rendall. steriline her things; that is why. Mr. Strellett: Did you write the she burned a lady's head and gave words down?-No. I told Mrs, her an awful skin disease so that Beten and she wrote them down. the poor lady was laid ap in 198-1 I put it to you that nothing wasamah tenching any person pital for over a month. Thiesaid about skin disease at all.manent waving-No. indy's husband has the case in the She said sores and I understood it hands of a lawyer now, so you will to be disease.

sec.'

Mr. Strellett: It is suggested that you and her amah taught her. Witness: I said she practiced on her amah.

You have never heard of

an

per-

Madame Julietle also ran down ather beauty parlours. Including Madame Katie's,

Mr. Rendall:Had you, on the morning of the 24th. before you to Madame Juliette, seen went Mrs. Beton?---No.

His Lordship:-Did you know

Was there any further conversa- tion about Mrs. Beten?--Mr. Lysaught sald she had just come been off bout where they had recommended to go to Mrs. Beten. her before?--No.

Did you say anything about Mrs. Baten being Chinese?--I said she was part Chinese.

Why did you say that?- Be- enuse I heard it.

No.

Did you know who she was?--

Closing Local Stock Quotation,

Quotations, cic. 7.39-9 p.m.

:

A relay of "Looking on the Bright courtesy of the Management. Side" from the King's Theatre by

9-9.16 p.ru. Band Selections, Band of II. M. Coldstream Guards. C1273. Pationco-Selection (Sullivan),

Band of H. M. Coldstream Guards. C1274. 9.16-9.30 p.m. From the Studio. A talk on "The Structure of the Atom" by The Rev. Father D. Don- nelly, S.J.

The Gondollers-Selection (Sullivan).

0.30-10.27 p.m. Variety. Bong-High and Low,

1813.

Sylvia Cecil (Soprano). B3800, Organ Solo-if I'm Dreaming.

Edward O'Henry. 13421. Song The Lulo Player..

Poter Dawson (Bhas-Baritone). Orchestral-Adios.

Havana Novelty Orchestra. 22903. Violin Solo-Dance of the Maldens,

Fritz Kreinler. 1233. Humorous Song-Hot Pot

Gracle Fields. B3008. Humorous Song-Prophecies.

Nerman Long, C1235. Bani--A Perfect Day

Band of H. M. Coldsream Guards. B3773, Humorous Song-Around the Corner, Frank Crumit, ·22123. Song--For Away.

Sylvin Coil (Soprano). B3360. Organ Sol-Look for the Silver

Lining.

Edward O'Henry. B3421. Song-The Floral Dance,

Peter Dayson (Bass-Baritone). C1313. Orchestral-Bonita.

Havana Novelty Orchestra. 22003. Song-Sonny Boy.

Gracie Fields, B3008. Violin Solo-Blue Skies.

Fritz Kreisler. 1233. Humorous Song I'm' Blase.

Norman Long. C1235. Band-Unil,

Band of H. M. Coldstream Guards. B3773. Humorous Song-Down by the

Railroad Track.

Frank Crumit. 22423. 10.27 p.m. Rugby Mid-day Press

MRS. LYSAUGHT'S EVIDENCE. It was submitted that this meant the plaintiff had acted in her busi

The next witness called was Mrs ness negligently and improperly Lyaught, of 16, Somerset Rond. and that she and the Implements Kowloon Tong, who stated that on In her trado were dirty and that October 24th she went to Juliette her customers word likely to con- Beauty Parlour accompanied by

Cross-examined by Mr. Strellett, witness agreed that she had first tract contagious disease if she at

Mins Chun. Miss Chan asked for

Was that in answer to a ques-spoken to Mrs. Rieper before tended them.

of the words manteure while she was waiting

Madame Juliette arrived on the tion 7-Yes. In consequence

enquire abont a permanent Under further cross-examina-scene. complained of, plaintiff was in- ! jured in her credit and reputation wave. Miss Sayer, in conversation

Mr. Strellett:-Did you hear as a hairdresser and in her said with them said "Mrs. Beten is notion witness said she offered to

Mrs. Lysaught ask defendant business. Plaintiff therefore claim-good and she is Chinese and does train the defendant and then to ed damages which she limited to not know anything about her work offer her a contract.

Mr. Strellett:And she started where Mrs. Beten learned her except what she learn't from her

trade?--No, she did not say that. $1,000.

anah." Miss Sayer added that business on her own?-Yes,

Without any further training she had burnt a lady's head and

Didn't you hear Madame Juliette louk from you?-And

at an her

say she learned her trade in Hong- hair and brought goren

You felt a certain amount of kong?-No. She said she learned reception of the Intter happens to be head. She had been in hospital success she gets! about a month and her husband resentment against her? bave it from her amah. was suing.

"I then asked if it could be thought nothing more about her. years proved" said witness, and

GOOD REPUTATION.

Mr. Rendall said · plaintiff had been carrying on business since 1922 and had attained to a certain reputation as a skilful ladies' hair. dresser and beauty culturist. It was hard on her after 11

abe

the

Did you feel a certain regent- in the Colony, to be confronted replied that it certainly could. Iment against her?-No, not until

nature. said it would ruin her business if she ran me down.

with statements of that

Witness stated, in reply to a

And In their residence she

"PUMPING US"

practised on her amah? No.

Did it strike you at the time

Her clientele consisted of some of it was and Miss Jullette also pa88-further question, that she did not that you were being cross-examin-

passed

and

NOT SENT.

know that Mrs. Lynaught and Miss Chan had gone to the defendant's beauty parlour. She further denied that she had been waiting

ed?--We thought they had been pumping us.

Had you any intention of making

News.

10.30 p.m. Close Down.

All records in the above European programmes are kindly supplied by Messrs. 8. Moutrie and Co.

Tho Studio programme between 5.30 and 7.15 pm, may, on any day, be replaced by a relay from England, if

good.

YOUNG HAWKERS

JUVENILE COURT

PROBLEM

Difficulties lie ahead for the recently-instituted Juvenile Courts

Mr. Rondaif: Did anyone send for the return of these two ladica. these remarks to these atrange in respect of which cases concern-

the leading European ladies of the ed the remark that even now her

had Colony and they

(Mrs. Beten's) business had gone down through it. through Mra. Beten's lands benefited by iter treatment. Mra. Baton also had an extraordinary. number of Chinese customers, and you to Madame Juliette's shop that a atatement of that nature on morning?-Witness: No. Chinese ladies would have a far Did Madame Beten tell you to more far-reaching effect than it go and entice Madame Juliette to

any these words 7-No.

would on Europeans,

Has Madame Beten at any time asked you to go and manufacture evidence for her-No.

not.

tions one after another.

Indies but for the questions they MISS CHAN'S STORY

They roused mying young children caught hawk- Miss M. I. Chan was next called, naked?--No. and, in reply to Mr. Rendall, said temper by asking so many ques-ing without a licence have shown

an abnormal incrense lately. that on her return from Manila on

The matter was one for critical October 24, sh went to the Mr. Rendall:--Why did you say comment by Mr. Wynne-Jones, at What actually happened with

Juliette Beauty Parlour with Mr. anything at all about Mrs. Beten the Central Magistracy to-day regard to the lady whose hair was

wanted

Because they asked questions when an 11-year-old lad, charged supposed to have been burnt, and

Lysaught, Witness manicure and also to enquire and I had to answer.

with lacking a licence for hawk- who was supposed to have COD-

Mr. Strellett, in cross exumina about the prices for a permanent tracted a scalp disease, was that lion, asked Mrs. Lyaught if the wave.

Why did you feel it. incumbenting, told a pitiful story of hie a waif in the some time in June a Mrs. Major, statements were made in reply to After Madame Juliette told her on you to inform people that Mrs. having been left who was employed at that time at questions, Mrs. Lysaught answer the price, Mrs. Lysaught said that Beten had burned.....7-Colony by a parent who died last

¡year. Mesara, Watson and Co.. had permanent wave. In September, ing that some were and some were Mrs. Beten was strongly recom- Because they aggravated me to

mended to her, but that she was that extent. sores developed on her head. They

Mr. Strellett: I put it to you very expensive. Then, continued were the ordinary

Borca which that she said she had heard there witnean, the defendant 'ran Mrs. appear on children's heads

was a woman complaining that she Beten down. her hair as a result of the area,

was burnt and had been in the Mr. Rendall:-How did the de- commenced to fall out.

hospital and her husband was very fendant run Mrs. Belen down?

Witness: She said Mra, Benten annoyed and was consulting his solicitor?-Witncia: no. she did was no good, that she was only prepared to

She said Chinese and had learned her evidence was onticed out of de abroad, and it was remarkable that Bay she had heard.

permanent waving from her amah. fendant by Mrs. Lysaught. He as definite fact.

put it to you that Miss Juliette She further said that Mrs. Beten did not think Miss Clax was a said "She learned her trade in burned a lady's hair and gave her party to the schome of enticement. ongkong in her residence and by sores, that the lady had been in ffe thought she was used by Mrs. gent treatment by her. The letter practicing on her amah-I do not hospital for some time and the Lysaught. also stated that Mrs. Major com-remember her saying that at all. lease was in the lands of a lawyer. plained of being left unattended for long periods, with the result

HOSPITAL TREATMENT.

and

On September 3rd, Messrs. Dea cons wrote to Mrs. Beten stating that they had been instructed by

Mrs. Major with regard to the in- juries caused by the alleged negli

it

I

PRIVILEGE CLAIM.

OTHERS RUN DOWN

that her hair and scalp were scorch- Mr. Strellett: In a defence of Mrs. Lysnught then asked if that ed and her hair commenced to fall privilege, if a person knows that would ruin Mrs. Beten's business out. There was also some doubt enquiries are going to be made if it could be proved in court. as to whether her hair would grow again. She had also to at-

tend hospital for treatment.

The letter continued that Mrs.

Then you did speak maliciously? --No,

NOT A PARTY,

The story had a familiar ring, so much so that it had become monotonous from frequent repeti- tion; and the Magistrate was con- strained to remark on it. Ho said

After a brief address by Mr.that reports of the Court's treat- Strellet, has Lordship said he was ment of deserving cases must have

suppose that the gained

"I accept plaintiff's statement that these things were done with out her knowledge and that she was not a party to them," said his Lordship. "For this reagon, I find the action was not privileged."

"As to the statement I do not think there is any material varia- tion in the two versions, but the statement is defamatory to the plaintiff in her business and alte had cause for action,

DAMAGES FOR CHARITY.

DAY BY DAY NEWS IN BRIEF Major had been prevented from

Eight cases of small-pox, two cusch attending her duties as her

Neel Rapp, aged eleven, of 38. un-

Kennelly Road, was admitted to the of diphtheria, three cases of typhoid doubted success in the firm was Government Civil Hospital yesterday and one case of meningitis were re due to the beauty of her hair. The sufering from multiple injuries reported to the local health authorities cost of treatment, out-of-pocket excelved by a fall whilst playing at during the week-end. penses and loss of wagen would Scandal Point.

A farewell tea party will be given · Roferring to the question of be upwards of $2,000,

Messrs. Doncons niso asked A stack of gunny Jage stored at the by the Hongkong University Medical judgment, in reply to his Lordship, whether plaintiff denied lability in rear of the Nam Hok charcoal go. Society to Dr, T. Y. Li, assistant to Mr, Rendall said he had dis-

the Professor of Medicine, to-morrow the matter and in due course they downs at 3 and 4, Soy Street, Monk at 5,15 p.m. in the Union Assembly would send an estimate of the kok, caught fire at 1.00 this morning, Roca. A group photograph will be damnge that had been done. The charcoal. Two water pumps were in friends are cordially invited.

causing damage to a quantity of taken at .10 p.m. Members and lettor referred to proceedings attendance. against Mrs. Beten.

In the Sun Life Assurance Co.'s An unknown Chinese was found monthly agency review for January, On receipt of that letter, Mre. lying unconscious on the rocks below one of the names on the honour roll he Main Castle Penk Road near the is that of Mr. D. O. de Silva, who is Beten communicated with him 114 mile stono yesterday afternoon, also congratulated in the body of the (Mr. Rendall) and instructed him,

To was nuffering from serious head magazine for coming twelfth in the after having visited the hospital juries and was later removed to the world in hit gathering of now 'bus!- which Mrs. Major was attending Kowloon Hospital, where he died at nese in South China. A photograph

of Mr. do Silva is also published and satisfled herself that the 7.60 p.m.

NOT DUE TO WAVE.

used the ways and means with Mr. Strellett and they had failed to come to a satisfactory result. He thought judgment should be entered at once.

His Lordship:-Tho only object | of the plaintiff is to establish her | reputation, Isn't it.

Mr. Rendall:-Yes, my Lord. His Lordship gave judgment for plaintiff, assessing damages at: $200 with costs.

considerable

currency

within the last few days cases of children being sent out into the streets to hawk goods without a licence had very noticeably in-

creased.

On Saturday over twenty-five juveniles were dealt with, and yesterday's list revealed eighteen.

The officer in charge of the case, Inspector Brennan, agreed that the task of distinguishing cases de- serving of compassionate attention was becoming difficult.

The boy charged, was let off with a caution.

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