1933-05-31 — Page 19

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THE HONGKONG TELEGRAPH. WEDNESDAY,

MAY 31, 1933.

GLOUCESTER BUILDING BAND SLANDER ACTION

MANAGER SUED BY LEADER

was the publication of slander al- leged to have been used in the words spoken to Mr. Butts by de fondant.

LIDEL QUESTION.

His Lordship agreed that he was unable to ree that defendant's statement admitted any publica- tion of libel.

Mr. Silva: When that publica- tion made to

FAMOUS SOCIAL WORKER

PREBENDARY RUDOLPH'S

DEATH.

(Our Own Correspondent).

(Dy Telegraph, Copyright. Telegraphia Received May

CRITICISM OF, it could be inferred thirt Nempre, Calinance, 14.

ALLEGED CRITICISM OF TRUMPET-PLAYING

PASSAGE OF LETTERS

these defamatory statements were in writing. Mrs. Drake was in. structed by defendant to write the letter. She wrote it out later and brought it in a written form to de- fendant and the cases on this point are abundant that whenever there la any libel written by somcono else's nuthority or request either

London May 30.

RADIO BROADCAST

RELAY OF THE DERBY TO-DAY

From Z. B. W on wave length of 355 motres (84.5 k/c.),

4.30-7 pm. Chinese recorded pro- gramme.

The death is reported at the

7-11 p.m. European programme. age of 81 of the Rev. Edward

7-8 p.m. Variety. Rudolf, Prebendary of St. Paul's

Morton Gould. 24203. Cathedral and founder of the Piano Belo-Satirical Dance. Church of England Waifs and Song-Falling in Love Again. Strays Sociaty.

Gracie Fields (Comedienne). B8502. Tho Bon of Major William Orchestral--Pu-lcezel Mister

Rudolf, who fought at Hemingway. A slander action for $1,000 and costs which has person is responsible. If there is Edward.

further making known of given the Battle of Waterloo, Pre-George Olsen and His Music. 24138.

Sorg-Paris, Stay the Same. created much interest in musical circles opened at the knowledge by writing the state bondary Rudolf was born in 1852. Maurice Chevalier (Baritone). 22204. Supreme Court this morning before the Puisne Judge, ment then becomes a libel. In the He was attached to H. M. Ofice Orchestral-Cordon. Mr. R. E. Lindsell, the parties being Frank Lewiston event of Mrs. Drake, after having of Works from 1871 to 1890 and Carlos Molla and His Orch. 24100.

handed over the letter to defend was official private Secretary to Song-I'll Follow You. Adamson, better known as Dick Adamson, leader of the ant, getting the letter back into the late Lord Eversley and to the Gloucester Building dance orchestra, and Percy Ingham her possession from defendant and Earl of Roseberry.

reading that letter does your Lord, Newman, manager.

ship say there is still no publica Mr. M. A. da Silva, of Messrs.] by Mr. Dick Adamson with refer-tion of libel to Mrs. Drake? D'Almada, Remedios, and Silva, once to your letter of January 31 His Lordship: That seems to be appeared for plaintiff, and the de- last, and to a conversation which the inference from other decisions. fendant was represented by Mr. you had with Mr. Butts. Your Mr. Silva: I contend that there W. A. Mackinlay, of Menara. said letter contains certain alle was fresh publication from the

gations derogatorv to my client written document.

Deacons.

The statement of claim sets out and to his orchestra, which allega-

JUDGE'S RULING. that plaintiff in a musical directions, my ellent Infermo me, are tor and a player of the saxophone, totally falso. Further, in spite of His Lordship: I hold definitely clarinet and trumpet,carrying on such allegations, you have since that no publication of bel is die business in Hongkong; and that re-engaged my client's orches- closed in respect of the letter of defendant is the manager of the tra; and have not Included January 31. Gloucester Building (Residential). my ellent in such re-engagement. Mr. Silva: Will your Lordship On the 31st January, 1933, de- A verbal allegation in the same make a further note to clarify the fendant falsely and mallelously strain na contained in your said position that even though from the wrote to the plaintiff and publish letter, was made by you to Mr. circumstances it might be inferred ed to a Mr. M. M. Drake of the Butts on Thursday inst, 23rd that the person who wrote the plaintiff and of him in the way instant. Under the circumstances letter had obtained further know. of his business the following I am instructed to apply to you fledgo from writing that letter after for a full and unconditional written it was in existence in writing.— withdrawal of the anid allegatione, His Lordship agreed. and an apology thereto, and to in- Mr. Silva enquired whether his form you that unless such with Lordship would hold a similar view drawal and apology is given to my client by noon on Wednesday next, my client will take such steps in the matter as ho may be advised without further notice."

words:

"NUMEROUS COMPLAINTS.

REQUEST REFUSED.

Song Learned About Women Etrol Merman (Comedionno). 24146.

from Her.

Frank Crumit (Comedina), 21708. Orchestral The Girl in the Little

Green Hat,

He founded the Church of England Waifs and Strays Society in 1881 and acted as its socrotary from that date until 1919. Ho George Olsen and His Music. 24220,

Piano Solo Bolero. was a co-founder with the late

Morton Gould. 24200, Rev. Benjamin Waugh of the Song---What Archibald Bays, Goen.. National Society for the Preven-Gracie Ffeids (Comedienne). B8592, tion of Cruelty to Children.

Orchestral Pink Elephants. George Olsen and His Music. 24188, Song--You've Got That Thing Maurice Chevalier (Baritono). 22204, Orchestral--Rnyera.

He was ordained in 1898 and .was Prebendary of St. Paul's Cathedral from death.

1911 until

his

He was keenly devoted to social work and spent much time study- ing social problems and questions affecting emigration.

Carlos Molin and His Orch. 24160, Song--How Deep in the Ocean. Ethel Merman (Comedienne). 24140. Song-A Gay Caballero

Frank Crumit (Comedian), 21735. Orchestral My Fraternity Pin. George Olsen and His Music. 24220, Vocal Deet-Lová Scene from..

"Private Lives."

"Private Lives."

RAILWAY FINANCIER Vocal Dust-Seens from

PASSES AWAY

If the typist read the latter ofter MR. NATHANIEL SPENS signature.

His Lordship asked Mr. Mackin- lay what he thought of the point raised and the latter said that if

FINAL FORM.

(Our Own Correspondent).

Loudun, May 30. The death is recorded of Mr. Nathaniel Spens, Trustee of the London, Midland and Scoltish Stock Conversion Trust, at the age of 83.

....

With reference to your orchestra, you surely must have realised that their performance has been anything but antiainctory to-date either to the management or to the gucate. Numer

received ous complaints have been from time to time both from Euro-

the typist had once read the lot Taingraph. Copyright. Teleprophio pean and Chinese patrons to the effect

ter he could sac no reason why,Mopar Ordinance, 1891. Raccived May that they find it impossible to dance

21. £.10 p.m.) to the time and tunes being rendered No reply was obtained to this if that was not a publication of at present. In many instances these letter by March 3 and another libel, it should become so after complaints have been mentioned to letter wAB Bent asking for an the signature was affixed. you but to all appearances no effort apology and withdrawal. The has been made on your part to rectify following day, a letter refusing the these very obvious faults, and it is request was received from defen- His Lordship: There is this pos.

to continue along thesa impossiblo

dant's solicitors.

albility that when the latter was lines. Instead of the orchestra be-

He was, in early life, a noted ing an added attraction' to the Glou- However, plaintiff was still seek brought to the principal for signa- chartered accountant being coster it is driving customers away, ating restitution in the sense of a ture he might have toned it down partner in the Glasgow firm of the same time being a very heavy complete withdrawal of the state or on the other hand altered some Grahamos, Crum and Spena from exponse. Had you hold daily prac-ments, apart from pecuniary re- of the expressions contained in it 1881 to 1890, when the partnership tices and had an up-to-date repertoire stitution, said Me. tia Silva, and before signing. Once he has put was dissolved. some degree of efficiency might have he had been instructed by his his signature to it and handed it been attained but the same old tunes client to make an offer in open back that is the final form in which man and managing director of the boing played repeatedly simply court to the defendant hat, in the written word is transmitted. drive all music lovers away. We exceedingly regret having to take this the event of his making a full and Mr. Mackinlay: I agree there is stop which we feel might easily have unqualled apology for, and with that point, but if the actual de Leon avoided had we had your entire drawal of, the alleged statemeats, famatory statements were publish co-operation with a view to making and publishing such withdrawal ed in defendant's own hand-writ- the venture a complete success." and apology in two English news-ing after the letter had been kept He contested the Govan Division

papers circulating in the Colony, then that would be publication of of Lanarksire unsuccessfully the plaintiff would agree to ludka libel. But if a libel is in the 1892 as a Conservative. On February 23, defendant meat being given for a nominal letter itself and there is no addi. falsely and maliciously, the state-sum and costs. ment allegea, spoke and published i

words:

"BAND NO GOOD."

GENUINE OFFER.

uary.

Mr. Spens then became Chair-1 Stock Converalon Trust Limited which he held until 1928. He al- ways took an active interest in the management and finance of rail- way companies.

His Lordship agreed.

RESUMPTION STATEMENT.

in

tion in defendant's own hand- con- writing I cannot see any

Mr. Mackinlay: I take it there of the plaintiff the following

sequence in signing the letter. isibel alleged on the 31st und After quoting cases which His Lordship: Leaving the let-slander as well on the same day, "The band is по bgood established the practice of making tar out of consideration for a mo- and further slander is alleged on and I am fed up to the teeth with such an offer, Mr. da Silva saidment it would perhaps be more the 23rd. The position then is them and am getting rid of them. his client's was a genuine offer satisfactory if we proceed with that there are two slanders and There is Adamson-you know him made with a desire to settle the the actual chair in respect of the one. libel instead of one slander

that trumpet he is playing is case amicably, and in the expecta-alleged slander on the 23rd Febr- and one libel. the cause of the whole thing. It tion that it would be accepted. kills the band and the orchestra Mr. Mackinlay: This offer la Mr. Silva: Then if your Lord- in driving my crowd away in liou refused, but one point I must make ship will make a ruling that it is of attracting them. I have re-secure is, that I am not taking one not a libel in my writ to say "de-Mr. Mackinley said he ceived more complaints about that of the many defences open to me, fendant falsely and maliciously pured to accept the fresh cause trumpet than anything in the that of justification.

wrote to the plaintiff and publish-upon the one condition that it is whole building,"

ed to one Mrs. Drake a libel in an entirely separate issue and to be treated as such. "My defence the following words...'

Mr. Mackinlay: I asked for par- piendings are not to be taken as rolating to it at all. My defence or privilege and in refusing the ticulars and they were refused. offer, my submission will be. TWO SLANDERS AND ONE LIBEL, should the case got so far, that

$1,000 CLAIMED.

The statement also alleges that the words were published in the Gloucester Building and spoken

bo employed na n musical director

or as a trumpet player and that

His Honour: I noticed that. Mr. Mackinlay: I am taking my stand very largely on the question

On resumption this afternoon,

was pre-

Gertrude Lawrence and Nool Coward. C2043.

8 p.m. Local Time and Weather Report.

8:3-8.35 p.m. A Concert.

Piano Solos Three Chinese Plecca (a) Flirtationé in a Chinese Garden (b) Rush Hour in Hongkong (e) A Shanghai Tragedy (Chesins).

Abram Chasing. 1582. Song--Evening Fair (Bourget-

Debussy).

Song The Wistful Moon

(Verlaine-Szule).

Mary Garden (Soprano). 1430. Violin Solo-Ruralla Hungaricu--

Gypsy Andante (Dohnany!).

Fritz Kreisler. 1429. Song-Gwine to Hobb'n

(Wood-Wolla). Song Mah Lindy Lou (Strickland). John Charlos Thomas (Baritone). .1644. Piano Solo-Mazurka in C Sharp

Minor (Chopin).

Piano SoloVariations on Themes from Cormon (Bizet-Horowitz).

Vladimir Horowitz. 1827. Melodious Memories (Finck).

8.35-9 p.m. Orchestral, Jack Hylton and His Orch. C1575. Night on the Bare Mountain

(Moussorgsky).

London Symphony Orch. 11448, (a) Narcissus (b) Country Dane (c) A Shepherd's Tale (d) Lullaby (Nevin).

Victor Salon Orchestra. 947D. 9-9.30 p.m. From the Studio, A Planoforte Recital by Mr. Harry

Programme.

Ore.

1. Varitations in F Major

The Bagpipe (Hiller).

2.

(Mozart).

3. XVII Sonata, Ist movoment

(Beethoven).

4.

Prelude in C,

Prelude Gfat (Scriabing). 2nd Movement from 3rd

Sonata Fragiliteo.

5. Ballad in G Minor (Guer). 0.30-9.40 p.m.

1812 Overture (Tschaikowsky,

Op. 49),

Royal Opera Orchestra, Convent Garden. 0026/9026. 9.40-10.16 p.m. (Approx:). A Running Commentary on the

only relates to the libel and Derby by R. C. Lvie. Relayed from

10.15-10.30 p.m. (Aprox:). slander in the remarks alleged to the Grand Stand, Epsom Race Course, In the hearing of a person named that is not evidence of malice be Mr. Silva: I did not know at the have beca made to Mr. Butt,

The Bournemouth Municipal_Or- "What I do object to in this chestra. Conductor, Sir Dan Godfrey. William Lawson Butts, and that cause we are not putting up a time that the writ include the defendant moant by the above plea of justification. As far as words "publication to Mrs. Drake," fresh cause brought, ls for plain-Ellen Epstein (Pianoforte). Relayed the Pavillon, Bournemouth. words that plaintiff was an in-ve are concerned, the action must but without any material altera- tiff to say that it is admitted in from competent musician and not fit to proceed.

tion I think I can proceed on that my pleadings. I do feel that my (Should weather conditions prove letter for slander. The onus would friend will have to prove his own satisfactory, this relay will continue

until 11 p.m. ONUS OF PROOF.

then he still on the defendant.

After further argument, Mr. by reason of such incompetence

Mr. Mackininy: My defence was Continuing, Mr. da Silva said the Gloucester Building was los- it was his contention that the drawn up under the impression Justice Lindsell informed Mr. Silva the plondings. Ing custom. In consequence of onus of proof rested with the de- tint alander was alleged on the that he held, on

I that a prima facie case of privilege the alleged words plaintif had fondant in this case.

23rd. and Hbel on the 31st. been greatly injured in his credit Mr. Mackinlay replied that the shall have to consider my position had been established and, that the onus was on the plaintiff to prove: and reputation and in his bual-onus of proof of the publication again.. ness, and claimed 81,000 damages was upon his friend, sand when His Lordship adjourned the case malice.

The case is proceeding. he had proved that, he would have until this afternoon.

and costs.

WITHDRAWAL SOUGHT.

to say that there was malice. I

ho could say that, he might suc-

Mr. Silva, opening the case, and ceed but he must remember that that reputation of the plaintiff in this was an action in which there

еляе

DAY BY DAY NEWS IN BRIEF WITHOUT STRONG AFFECTION, AND| Poon Szo,, & washerwoman, at the

д

10.30 p.m. (Approx:). Clono Down. All records in the above European programmes are kindly supplied by Messrs. S. Moutrie and Co.

CORRESPONDENCE.

Proposed Anglican Church in Kowloon Tong.

the

for Shanghal at 11 am. on Saturday, ing In Kowloon Tong and its

his chosen profession of music was qualified privilege. was no less proclous to him than What actually happened, said HUMANITY OF HEART, AND GRATI Ever Now Laundry at Shaukiwan, To The Editor, Hongkong Telegraph

to Hospital. yesterday

Sir,In connexion with hla limbs, health, and liberty, for Mr. Blackinlay, was that the de-TUDE TO THAT BEING WHOSE CODE IS was taken

pressing machine. the reason that he started his fondant instructed Mrs. Drake to MERCY, AND WHOSE GREAT ATTRIBUTE through her hand being caught in a

above I should be most grateful if musical studios at the age of six write to Mr. Adamson and indicat-18 BENEVOLENCE TO ALL THINGS

you would allow this open letter to From an early age he established roughly to her, what she should THAT BREATHE, TRUE HAPPINESS CAN

NEVER DE ATTAINED-Dickens. The Lloyd Triestino liner, Conte appear in your next issue. In ro- ed a reputation as a musician from say. Mrs. Drake then typed out

Rosso, left Singapore for Hongkong sponse to certain requests it has San Francisco to Sacramento and a draft of the lattor which was

A Chinese woman, Fang Lin, 22, at 5 pm. yesterday and will arrive been decided to begin immediately across the Pacific from Shanghai approved and fair-copied and sent threw herself from the seawall

at daylight on Saturday, barthing at a Sunday School for children reald- to Singapore. When that repute to the plaintiff. His submission Kennedy Town yesterday, but

the Kowloon Wharf. She will sail Was tion was defamed he sought re- was that the only publication on rescued by boatpeople. stitutión: ho did not want dama- the part of his client was an in- ges in the pecuniary sonso but adication to Mrs. Drake what she The P. and O. a. "Naldera" left Mo Seung-man, a visitor at the Street and will commence on Sun- complete withdrawal of the allo- should hay, and the approval of the Shanghal for this Port on the 80th Kam Toi liotel, attempted suicide by day next, Whitsunday at 9.15 am. gationa.

draft.

Instant at 4 p.. and is dud here on swallowing a large quantity

If further particolars are re- LETTER SENT

There were two causes of ac- the 2nd prox, at about 4u.m.

oplum yesterday, and was convoyod tion. First thoro was the publi-

to Hospital in a comatose state. The quired I should be grateful if: His allent instructed his sollef-cation of the libel to Mrs. Drako—

Summoned before Mr. Wynne-Jones dose proved fatal in another cass parents would communicate with tors, continued Mr. da Silva, and there was no point in whether or this morning for carrying on business reported of a young woman Bhek me

Yours truly, after closing hours, a Clifnose money Young-chan, living at 18, Absecon the following letter was sent to de-not it was published to anyone else changer of 120, Connaught Road Street, who died early this morning fondant: "I have been consulted in the world-and the second point Contral, was fined $25.

after admission to Hospital,

of

immediate neighbourhood. Tho School will be held at No. 1, Knight

N. V. HALWARD,"

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