1937-03-13 — Page 3

THE HONGKONG TELEGRAPH. SATURDAY, MARCH 13, 1997

Jury Assess £6,200 Damages GERMAN

י

For Baron de Stempel

FINDINGS STILL

TO BE ARGUED

DAMAGES of £6,000 for procuring a breach of contract

and £100 in each of two instances of slander werc assessed by the special jury in the King's Bench Division' against Mr. Walter Dunkels, director of the Diamond Cor poration, of Devonshire Street, Portland Place, W.

Baron Victor de Stempel, of Hallam Street, Portland Place, sued Mr. Dunkel, his wife's stepfather, alleging slander and also that Mr. Dunkels had maliciously procured Mr. Olto Dunkels (his cousin) to commit a breach of the baron's contract of employment with Dunkels and Company, of Holborn Viaduct.

TEN QUESTIONS

After deliberations of just over four hours, thr jury answered questions left them by Mr..Justice Swift in a two-hour summing up:

Are the words complained of bu fuct defamatory?—In two instances, YOR,

If so, are they actionable? Because they refer to the plaintiff in rriation to his business? Yes.

And/or by reason of speciál dam- age flowing from their publiention? Yes. Has any special damage heen proved, f.e., did Otto Dunkels. properly dismiss the plain reasonable and probable consequence of hearing the words?-No.

im-

a

Privilege was the defendant publishing any definatory words which he did actuated by mullee?-- Yes.

in

Were the words "Victor is a Jew. hnter" true?--No.

What damages, it any, for the alleged slander?-£100 in each in- slunce.

Did Otto Dunkels comunit a breach of his contract with the plaintiff?-- Yes..

Did defendant induce and procure Ollo Dunkels to commit a breach of hls contract with the plaintifï?--Yer. Did he do so wrongfully ant mall- ciously?--Yes..

Was defendant justified in what he tid?-No.

Damages, if any, for procuring breach of contruct?-- £6,000.

Mr. Justice Swift postponed enter- ing Judgment until after hearing legal arguments on the answers of the jury.

"Your

These will be heard at a date con- venient to judge and counsel,

Summing up. be sold:

"As generally happens in this world when two people quarrel, others are dragged into the vortex which in evolved."

The disputes between this morried couple are centred around their son." Not until 1932 was ang light thrown on the domestic picture. That gilm- mer was the lefter of December 1933, from the Baron to the Baroness, referring to the Haroness' "disgrace- ful courage. so poisonous to n honest young woinum and mother,”

HER ENTOURAGE

"What was her entourage? She was living at home with her own mother, the wife of Mr. Waller Dun- kels. That was her entourage,

"There may have been friends of whom he dhuapproved. They were friends who were going to the house of Mrs. Walter Dunkels,"

Later, the Judge sich:

"You have to decide whether a man should go on sitting quietly transact- ing business with a son-in-law who has made allegations of the kind you have heard against his wife or do what Mr. Walter Dunkels did,

MR. OTTO DUNKELS "Mr. Otto Dunkels's position in this case has been one of very great di- culty.

"Whatever else you may think about this case: whatever sympathies you hove with one or other of the parties, I should think nobody would help being sorry for Qito Dunkels.

"He was, indeed, between the devil and the deep son,'”

had not been

Mr. Olto Dunkels sued by the Baron for breach of the contract. Whether there was a breach depended upon what the jury thought the contraet was,

HEALTH IN AN

The scene above was taken at the Shanghai Cenotaph when wreaths were laid in observation of St. David's Day. Picture shows buglers from the Layal Regiment sounding the "Last Post," while an escort of four Welsh me mbers of the regiment stand æt attention.

DEFENCE COSTS EACH

BRITON £33 IN

FIVE YEARS

London, Mar. 3.

An investment in national defence which works out at £33 108, for each man, woman and child in Great Britain--- £167, 10s. for a family of five-is to be asked of the public in the next five years, analysis of the government's rearma. ment programme disclosed.

Three battleships, seven cruisers and two aircraft carriers are planned for 1937 alone, on top of the two battleships and soven cruisers in the 1936 programme.

The government estimate of not much less than £1,500,000,000 for the five year defence programme for the navy, army and air force, confronted the public with the necessity of paying dearly for the security of the islands.

: At present, where

HONOUR INVOKED

TEARING UP TREATIES

Munich, Mar, 1.

Cardinal Faulhauber, doughty defender of the Catholic faith, delivered the most vigorous | broadside against

Nazi "cx- cesses" of his vigorous career here to-day.

Ils catalogue of violations of

the Concordat lerr Hitler's) 1933 treaty with the Pope)

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tions in huge Cathedral of St. Michael, filled to its capacity with a congregation of 8,000.

Cardinal Faulhauber first re- vealed that one of his own ser- mons had been censored by local Nazi authorities last week. His remark that he had been treated "like a schoolboy" roused the congregation irritation.

to unanimous

He then mentioned infraction of the Confordnt which cover nearly | every paragraph of the treaty: Con- fiscation of pastoral letters: inter- ference with communientions between bishops; arrest and detainment of priests; confiscation of Church rchools, sequestration Of Church

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sands of Catholle nuns and teachers; prohibition of the world-famous Corpus Christi procession; and "the food of entunnintions against even the highest princes of the Church" in the Nazi Press,

Here te indirectly referred to the scurrilous charges made against him- self unt the. Archbishop of Freiburg during the tumultuous struggle to

January school elections.

d l Church schools" in the

"WE SHALL LOSE OUR HEADS" "The Concordat,” Cardinal Faul- hauber

drove home repeatedly. "was signed as a free and volun- tary treaty. Therefore, this is a treaty which cannot be simply forn up. without serious loss of honour." He described the desperation of high Church officials as

follows.

"Many say," he declared, "with the Concordat we shall lose our heads; in the United | Of the money to be spent on de- without it we shall be beheaded, States there is an exempllem of fence, the government seeks parlia- drawn and quartered, and dragged £500 for all married couples, in inentary authority to raise £100,000,-hrough the streets. What 1s the Great Britain a childless married040 by loans, but there remains a difference?" couple of the same income now pays balance of £1,100,000,000 to be raised about £31 a year income tax, and from taxation. even a couple with three children pays 13. On-a

£1,000 income the tax a about £130 for a childless couple, £83 for a couple with three children:

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He carefully pointed out Herr Hitler's friendly telegram to the Pope of last week as holding out hope of . The estimate of defence costs made a reconciliation between "the Father- in a government White Paper yesterlund and Mother Church." But he day was in a sense a summary of mphasised the great loss of both those published in 1935 and 1930, but State and Church if the Concordat it was not good news for taxpayers. should be renou

renounced. Necessity was cited for strengthen-work of reconstruction will crash in

The greatest!

part of three years' [ing ́all__defences, naval army, air force, for barracks, stores for munl is to up by the State alone."

ruins," be stated, "If the Concordat tions. "shadow" factories ready to make munitions

at almost instant

"It would be a severe shock to

notice, balloon barrages (balloons foreign nations now attempting to moored high in the ale from which confidence in the new Germany." would depend cables to trap ruiding shield

"Such an action would leave the airplanes), anti-aircraft guns,

and buclier of German musks,,, (one is to be provided for honour of which we speak so much

these days-with a each person), equipment for fighting

4 deep dent in it." The fre' from incendiary bombs.

special service

ice was ceremoni- Then, ously ended by the 8,000 members of in the next to the last paragraph, the congregation swearing "eternal fealty to the Church and adhesion to "Taking the programme as it stands the Concordat so long as it lasts." to-day it would be imprudent to con- Cardinal Faulhauber was given a template a total expenditure on de- rousing ovation as he left the crowd- fenes in the next five years of much fed church—despite his own expressed less than £1,500,000,000,'

wish that no demonstration should

came the statement:

Comment in newspapers generally be made. was that the armaments burden, though

heavy, Wnx necessary. Typical comment follows:

TimesThe rough estimate of the total expenditure In the next five years does not seem excessive, Nevertheless it is patently gigantic." Daily Telegraph "The necessary expenditure defence is determined by forces outside our control a loan was never more justifiable than for works that will be in existence for

on

will be created.”

"Bunny"

Austin Now

Author

beyond the five years in which they HELEN JACOBS, who, as re- Morning Post-"It is nearly three ported last week, is' writing a times as great as the annual biff in book, has another famous tennis the hey doy of disarmiment but it player as a literary rival. represents the price we now have got

to pay for our foolish, ingenuous H. W. Austin, Britain's No. 1 neglect in the past."

amateur tennis player, is also busy

Daily Mail-In view of the de-writing. plorable state of unpreparedness em-

But he is keeping the subject phasized in the While Paper this of his book secret. provision for our urgent needs of defence is still far too low."

Last year "Bunny collaborated Dally Express-"Dig down into with John Gliddon in writing the your pockets, good citizens and sin-play "Rich Man, Poor Man," which hers! Why, after all the government was produced at the Arts Theatre, has left you your pants.)"

London.

Gaol Cell Was Lonely

:

So He Went Home

Guernsey (Channel Islands),

March 1.

IN his prison celi here early to- day, Francis Lesbirel felt suddenly homesick-decided that he must see his family,

So he did.

At 1.30 a.m. a. policeman passing the prison saw to his astonishment that the main door in St. James's Street was wide open.

He reported the fact at the police station, the prison authorities were told and a search was made.

ENOUGH HEAT FOR 270,000,000 MEALS MORE than 100,000,000 units

of electricity abaye the normal will be used during the Coronation Week of Galely, it is estimated.

It would be sufflelent lo took the meals of the whole popula tion of Britain for two days roughly, about 270,000,000 break. fasts, luncheons, and dinners.

Lesbirel's cell was found empty. Warders, sot off by car for his prison and gavo himself up-le serve home. The car broke down, but they the remainder of his 18 months' sen- managed to get It going again.

tence for theft.

As the guard rapped on the Lesbire! They found on him a set of prison front door, the fugitive let himself keys including one for the main out quietly at the back, walked to the doort

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