1938-12-15 — Page 46

14

Thursday

1

HONGKONG TELEGRAPH

Taipan's Name Posted at

Jockey Club: Libel Claim

(Continued from Page 1)

tained $9.10 for excess fodder, which he declined to pay until he had re- ceived substantial proof

that such

excess fodder had been consumed.

1

"IN FULL SETTLEMENT"

"He accordingly enclosed his cheque in full settlement,' having deducted the $0.10 from the bill.

"In his letter Mr. Brayfield had made a mistake in referring to one pony only whereas he had two, and also wrote 121 Iba of fodder when he meant 91 lbs but with these mistakes rectified the position was that his two ponies were stated to have comstmed 141⁄2 lbs excess fodder ench per day at 10 cents per lb, and Mr. Brayfield had reason to believe that his ponies had not actually re- ceived all this fodder,

"Several letters passed between the parties, the Jockey Club stating that the amount of fodder cach

pony

should receive was entirely a matter between the owner and trolner-with which I agree. However, the Jockey Club went on to say that the trainer had said that each pony consumed 45 lbs. excess fodder cach month.

per

"It is remarkable, that each animal should have so exactly shared the excess complained of.

"Mr. Brayfield wrote back that he could not accept this statement as affording substantial proof. His argument was that there were nine ur ten other ponies in these stables and the amount of feed for rach could be measured. It had since come to light that the feed measured separately but no records were kept.

WOR

"The Stewards had been kept in- formed of the progress of events and eventually, when Mr. Brayfeld was still not satisfied, one Steward to whom the matter had been circulated wrote that he saw no reason why the account should not be paid.

"SHOULD NOT WORRY US" "Mr. BrayDeld should not worry us in this stupid manner. If he does not pay, he should be tirned out of the Club."

MR. T. H. G. DRAYFIELD

Mr. Potter: Yes, it is not run like mall shop but on a large scale and at a loss to encourage horse racing and breeding.

December 15, 1938.

Car With

Beds

FARIS.

You said you declined to pay until substantial proof was made to you. I put it to you that you knew full well that the only substantial proof the Jockey Club could get would be from the trainer in the stables?meet the purses of all classes are Greater comfort and cars priced to They have their own methods of the main feature of the annual Paris investigation. The charge was made Automobile Salon, which opened in by the Secretaries, and I have to get the Grand Palais in the Champs foolish us to suggest that, so I raised it from them.

Elysees. my hat and walked away.

But the only responsible person is the trainer, Tau?-Possibly the mafco as well.

You had an interview with Mr. Brown7-Yes, prior to that. He adopted the same attitude and would not listen to the proposals to weigh the feed. Witness produced a walk- ing stick marked off in lengths which, dipped in the bin, would show the amount of fodder contained in cuble

feet.

Did Salvage Master or Shipmaster the annual meeting and two

striking novelties, but the display as There are no changes of design, no

general man

a whole maintains the high standard But obviously Tau?-He would be of construction and one and the mafoo the other os ho efficiency for which French received the food from the measurers.ufacturers are renowned.

And in your letter you said you objected strongly to the charge of sleeping-car-a light four-seater,

An unusual exhibit is a convertiblo $1.50 for 24 Iron nalia. You think that is a fair statement?--Yes.

But the fem was actually for

covered labour In

replacing one set of aluminium plates Guardsman Gets 42 taking off the ordinary shoes, cun Days. For Absence

win? Yes, Salvage Master won at in fact it also

had

second placings.

Only one other pony from that stable won? Yes, Little Audrey.

Witness agreed that the records showed that 183 lbs excess fodder "had been divided between himself and Wolf & Harrison who shared the stable.

trimming of hooves. You still tell the Jury that is not a fair rate?

Sure

Because he stayed away from bar- racks, without leave-in order, ho said, to protect his wife from being pestered by another man-Cold- stream Guardsman George Edward Campbell has been sentenced to 42 days detention by a Chelsea court- martial.

"AN UNREASONABLE MAN"

After remarking that he would submit to the Jury that the letter was written by an unreasonable and WOULD HAVE PAID

obstructive man, Mr. Potler further asked: On April 8 you wrote to the

At his trial Campbell said he re- Cross-examined by Mr. Potter:

Jockey Club and in referring to the celved a letter from his wife, went If in fact Tau Ko-po, your trainer, charge of $1.50 for replacing the had given this excess teed to your plates, you said: "It appears I have home, and found her very upset be

cause a man had broken into her ponies, would you have

occasions inct this pald?-1 on previous

room and threatened her with a razor. would have been annoyed and surcharge and a precedent having been prised, but I would have paid.

established, will do so again now,"

Campbell stayed the night You think that is a fair statement?her. At 1.30 am, he said, the man Yes.

Tou Ko-po is still your trainer?

He is all my trainer, but he is an employee of the Jockey Club.

I

I am not trying to trap you; think should find It do not let us dispute about words. Ele is still your trainer?"Yes, and a very competent man,

But, according to you, a very dis- honest man?- have never sald 50.

Are you

with

Mothers!

and increatex and enriches tha

natural flow of milk.

Maltonic is prepared under the most hygienic conditions and is recommended by the Medical Profession.

PROTECT YOUR BABY, DRINK MALTONIC DAILY

Baby's health depands-now and *In the future-on the food he receives during the first months.

To ensure that Baby is givan rich and uncontaminated milk, wise

mother will drink Maltonic daily; it fortifles her body against sickness

EWO MALTONIC

露身健和怡

#S NON-ALCOHOLIC

MALTONIC aware that you have pushed a note through the letter puid this game item on 10 different bell came away with him he would box, saying that unless Mr. Comp- occasions since 10367-No, but I re-shoot Campbell.

Campbell he wished to

I on occasions.

member why do the world did you enfl the po added that we would object to pay it on March 197-t not let him. She had seen the man's seemed to me an excessive amount. revolver.

It see to me $1.00 was too high for a pair of used plates. Actually,

Feemed

country at Fanling you have

He informed the accountant of the in the only $2.50 for a whole set of Club about this?-I already admittel

under Article 70, whereas that Ar--I do not itnow it.

tele referred only to undisputed|

claims,

to pay shoes and nails.

I considered $1.50I was prepared to pay for it pro- for 24 iron nails as excessive, so Ivided substantial proof was forth-

coming. queried it.

over-

Jockey Club that he gave your ponics 91 lbs. of extra feed?--I never said so. He is a highly reputable mun,

Are you aware that he in fact, told by forcing plaintiff to pay the ne-the accountant that the extra feed

Do you mean to tell the Jury that count which he was still disputing, had been consumed by your ponica? you have forgotten you paid these

items before? I must have looked. You have been racing under the new stable rules since 1935 and you The object of the Article, he sub-do not know if the Jockey Club has mitted, was never intended to force interfered with

person to pay an account which regards the teed to be given to the

disputed.

ponies? They have not interfered Continuing, Counsel said that Mr. with me.

I can understand that. But with Brayfield would give evidence that

is

not were already amply fed regard to your trainer? do

They should interfere with that the fodder supplied by the Club the trainer and see that the boxes was vastly in excess of the quantity are scoured out. recommended by Major Hogg.

was

by from his own pocket, and know,

The trainer would also be called)

to say that the way in which the

trainer

"IS THAT YOUR ANSWER?"

Asked whom he would consult to

And substantial proof would be a statement by Tau?-I suppose it is. You went on to say in your letter that the trainer had altende 12 And in the last peragraph of your ponies during February last and fetter you said that the cheque which therefore presumed that the other have sent us was for a wrong owners might have also been charged amount?-Yes, it was $10 too little. 99.10. Isn't that a rather unpleasant

was statement?-No. I put it to you the letter wholly wrong, was unpleasant and Ily that you mean Thu had no sub- obstructive? The cheque was un- stantial evidence and that he might doubtedly $10 wrong, and I correct- have charged everybody the same ed it sometime afterwards.

thing. You still say that is a fair Subsequently, you got a reply from statement?--Yes. the Jockey Club saying that quiries had been made into the mat- AN HONEST INFERENCE ter and that the trainer had

His Lordship remarked that it was confirmed the excess fodder. In mitted he is an honest man, you ti to draw because why should one still refused to pay. Did you speak pony get excess fodder and others. to him after you had received this

Mr. Polter pointed out that the letter? I don't think so. It might]

#n-

Mesara, food was allocated was such as no see it extra feed had been supplied spite of the fact that you have ad-/gulte an honest Inference for plain-

"Mr. Brayfield was told that if he did not agree with the account, he must move his ponies from the premises and, in a following letter he was told that his

name had been posted under Article 70 of the Club's Articles.

"Having been treated in this way, Mr. Bruylicid consulted Wilkinson und Grist, who wrote to the defendants pointing out that it was abundantly clear from the correspondence that Mr. Brayfield was not unable to pay the account but was disputing it, and therefore the Club had no right to post his name up under Article 79, only referred to undisputed claim.

APOLOGY REQUESTED The letter also usked apology within one week, posted not only in the Clubhouse but also to be published in the Press,

"At that time Mr. Braydeld was

it

for an

one would expect it to be.

Д

not.

secretary. Pressed for Mr. Brayleid said he wrote to the further answer he said he did not know.

His Lordship: Is that really your possibly have been a reply to an Im-other ponies might not have required answer?

I have

given

properly put question.

Counsel concluded his opening by referring to the question of damages, He said that if the Jury found there was flbel, It was entirely up to them to assess damages, but they must

Mr. Potter: It is, take into consideration the circum-in several chances. stances and the annoyance to which

His Lordship: To whom his client had been put.

you go in the stable to ask excess feed? Witness:

MR. BRAYFIELD'S EVIDENCE

It. The system was that for the sum

Did you say that the amount of of $40 a month, one could get a fodder

stable, a trainer, mafoos and 13 lbs. der consumed was between owner would

about and trainer?I would notify Major was to be charged to the owner,

of free fodder. Any excess fodder Hogg if I wanted excess fodder.

His Lordship: I have a You know very well that the practice is not to go to Major Hogg limited experience. but for the trainer to get the fodde himself?-1 don't know.

The mateo or the trainer.

mid he had been a member of the to extract that answer.

Mr. Brayfield in the witness-box, Mr. Potter: It took Your Lordship Jockey Club since 1900 ond storted Mr. Potter: If I tell you that your racing in 1921.

trainer reported to the accountant on not making any claim for damages, In reply to Mr. Macnamara he February 28 that this extra feed had as he was not out to make money, agreed that he had twice previously been consumed by your ponies, would

be satisfied? but asked that his legal expenses, paid small charges for excess forage you which were then extremely small,

in

Witness: one case he was satisfied by

1 would conduct a proper be paid.

the then stable manager, Mr. Kin-inquiry, chin, and on the second occasion the Mr. Petter described the system of Messrs. Johnson, Stokes and Master amount was paid while he, witness, riding the excess used between the

[supplying feed to

this year he had owners using the stable.

defendants,

տալ

was away.

"On behalf of the

sent a reply in which they said that the Stewards went into the matter, In February and had satisfled themselves

the stables and

His Lordship: I see Salvage Master and Shipmaster in that

the Jockey his stable. He made no arrangement Club lose ten cents here., with the trainer as regards excess fodder and he disagreed with the course for feeding eireulnted by Mr.

the account was correct, at the same time saying they had no alternative but, to post Mr. Brayßeld's name.

They further said their action was Bernard Brown in January 1935, re- without malice but was privileged,

"Messrs. Wilkinson and Grist sub-commending among other things, be- sequently sent another letter to eve

tween 12 and 13 lbs., of feed per defendants, potating out that malice

underlying the libel was the 'no alternative'.

the consider

it Insuficient for peny in hard training," witness said, und added that he supplied his ponles from his

own

pocket with extra feed commending among other things,

Prefendants had two alternatives,

one of which was to take legal action

be

to recover the money and the other in the shape of soya beans, gram. to sell the ponies and satisfy them brotren maise, lucerne, and fresh eggs selves with the debl, which they broken into the feed to the amount of

were entitled to do.

DID NOT REPLY "Curiously enough, the defendants, although they said they were acting in a way in which they could only net, did not reply to this letter."

Counsel then referred to the formal

pleadings, in which plaintiff alleged that the Innuendo from the notice was that defendants meant or understood to mean that he was un- able to pay his account, was a de- faulter, and that If the account was not paid within seven days he

to ceased be a member of the Club,

The defence

bee admitted publication of the notice, that it meant plainti had failed to pay his account and that in consequence he was a de faulter. Defendants, however, claim- ed their action was a privilege, but this, Counsel submitted, was a matter entirely for the Court,"

about 2 tbs, each pony per day.

Mr. Macnamare: "Did you glyc them any extra rations from the Jockey Club?

Witness: Not with these extra rations of mine.

So you were surprised when you got the bill for extra feed?—I was.

I suppose your letters represent your views stílt?—Yes.

You made certain experiments with regard to finding out how much feed the ponies should have?—Yes. (Witness produced a complete liner- ary of forage he had prepared).

DEMAND FOR PAYMENT

Did you have a talk with Mr. Pearce of the Jockey Club on April 167-Yes. Ilo demanded that I should pay this money. I said I was still walling substantial evidence that the ponies had ever had this

If the Court found that there was excess and I pointed out that Bir in fact privilege, then

a further Brown's letter-to a man with Mr. question had to be considered-d Pearce's experience at Jury work the defendants acted within the cir- could not be treated as evidence. Mr. cumstances Inid down by the Pearce asked what sort of evidence privilege or had they gone outside I wanted and I said the bins should and abused that privilege given by be measured, law?

Counsel said his case was that the defendants did abuse the privilege

What did Mr. Pearce say to that?-- He said, in a very irascible manner, surely, I was not going to be so

CROSSE & BLACKWELLS.

ENGLISH SOIPS

MULLICA WEAWNY SOUP

very

On

the

Mr. Potter: Mine may be a little less. In fact my only experience is If excess fodder was agreed be when I owned a rather large donkey tween you and Tau, the latter would my youth. (Laughter).

Mr. Poller (to plaintiff): go and get it?-I suppose so

confirmed fodder substanfint proof in respect of the excess

you will I think you creess fodder. You were therefore ponies.

agree that refusing to accept Tau's word? Yes. was the only substantial proof the Impossible to Eat So Much Jackey Club could have got?—I Why? Because it was so utterly agree, but Tau's reply might have impossible for the pony to have eaten so much.

Why didn't you tell the Jockey]

On April 8, you wrote usking for Anil 11. Mr.nsumed by your

bern given an improperly-put

to

question.

The case in proceeding.

IRIUM HELPS MILLIONS

FIGHT DULL, DINGY TEETH!

JOAN BLCHDELL AND HER SON

WARNER BRDIHERN SPAN

"THE PERFECT SPECIMEN

PEPSODENT alone of all tooth partes contains this thrilling discovery for giving looth amazing new inster!

"It's like saving a dull cloud lift and tho sun shining through again!"—That's how millions fool after their first expori.

enco with Pepsodent Tooth Paste con taining IRIUM,

So amazingly effective is IRIUM that if restores to your teath the natural, lavaly brilliance many thought last forever. It

· koops children's tooth sound and strong.

Because of IRIUM Pepsodent foams dolightfully. Refreshing!

USE PEPSODENT TOOTH PASTE

DANCE

it alone contains IRIUM

TEA DANCE 75.cts. TIFFIN DANCE $1 DINNER DANCE Table d'Hote, or A lá Carte, no, cover charge for non-diners METROPOLE HOTEL Latest Swing Band You will enjoy at moderate expenses.

Reservation Tel. 24425,

B

METROPOLE

•

ROOM BATH

CENTRAL

$6

CLEAN

COMFORTABLE

F.33

Obtainable from all Compradores, Dispensarios or from

JARDINE MATHESON & CO., LTD., Tel. 30311.

the

Parisian Grill

Good Food

Fine Wines

DINNER & DANCE MUSIC by

The Blue Danube Trio

Opon till 1

THE AMAZING STORY THE WOMAN-EATING WHITE TIGER OF THE SAKAI .... The greatest of all jungle adven- turesi Human sacrifice! Savage deatht Sights and sounds never before sean by a white mant

Filmed in the Malay jungle by

Clyde E Elliott, maker of“Bring 'Em Back Alive"and"Devil Tiger":

NATURE IN THE RAW!

A thousand new thrills

in the greatest jungle picture ever model

A Paramount Picture with

COLIN TAPLEY and JAYNE REGAN Starts SUNDAY at the

a.m.

QUEEN'S & ALHAMBRA

THE

HONGKONG

PENINSULA HOTEL:

HONGKONG HOTEL; REPULSE BAY' HOTEL;

&

SHANGHAI

ASTOR HOUSE; PALACE HOTEL;

HOTELS

LIMITED.

In association with the Grand Hotel des Wagons Lits, Pak