1938-12-16 — Page 19

Friday

HONGKONG TELEGRAPH

December 16, 1938.

DONALD DUCK

- By Walt Disney

Grey, Was Dows Interp

ngle mar

9R3

ACTION FOR LIBEL

Defamation Of Character Alleged By Mr. Brayfield

An action for libel, claiming unstipulated damages, was brought by Mr. Thomas Henry Gordon Brayfield, murine surveyor and owner of racing pontes, against the Hungkong Jockey Club, at the Supreme Court yesterday, before Mr. Justice R. E. Lindsell, Acting Chief Justice.

The claim arose out of a disputed account for $9.10 in connection with excess fodder for two ponies. Mr. Brayfield's name was posted up at the Clubhouse, and he alleged that in consequence of this netion his reputation had been attacked.

The defener admitted the publication of the notice, but maintained that their action was privileged.

Hearing was adjourned to this morning.

I am sure it is, but it hardly ex-

A speelal jury was empanelled. 11 compurised Messrs. J. Fleming (Fore-cuses you. You must realise that as absence, another man) R. H. McLay, C. Champitia, T. a result of your

Geare member of the community had to be 1. Wilson, Lo Yuk-tong, I.

empanelled in your place while you and L. Dunbar.

escaped. I must fine you $25.

Jury's Request

of th

Mr. Eklon l'otter, K.C., and Mr. H. G. Sheldon, x.c., instructed by Mr. G. G. N. Tinson, of Messrs. Johnson, Stokes and Muster, appeared for the Jockey Club. Mr. II. C. Mucnamara, instructed by Mr. G. S. Hug-Jones, of Messrs. Wilkinson and Grist, re- presented Mr. Brayfield.

before.

100 50.

and while he was away you prompt. ly tested the scale?That is incor- rect, but we did lest the scole and

is between the owner out of Timothy hay at that time. 1 found it was dead correct for HORE'S

It is clear that the question of ex- cess fodder and the trainer only?--And the stabies manager as well.

But the right to give excess fodder is between the owner and the trainer?-Yes.

You didn't wait for permission? No, because he arrived about ten minutes afterwards.

casion? This question never arose hay, was in November, 1037. Do you agree?According to the books, yes, But probably, the Jockey Club ran without never allowed, a pony to go Timothy hay and I must have got it from Abbas Khan in Kowloon.

with Mr. Interview About your Pearce, whose manner you have de You had & trainer named Po Yee scribed as irtscible. I put it to you In January, 1937, before Mr. Tau? that Mr. Pearce, who will give evi- most in you Yes.

dence, approach and made every comment. I asked him to fill thei will give a cuple of examples conciliatory manner and showing Po Yee did draw

effort excess

try and settle this unhappy Did he dispute?-He definitely wanted pay fodder in January, 1037. charge it to your account after having ment without any explanation. drawn it-On my instructions,

Did he approach you hi a most But you never informed the Joc-conciliatory manner? don't think key

Club?—I did. I went to the office so. When Mr. Pearce approached me and requested that extra fodder be congratulated him on the win he given to my trainer when he called just had. He replied, "Never mind for it the next morning.

about that, I want to see you. it to you that it had been the I put pelice not for an owner to order hay, It was left to the trainer?- Nut in my case.

1

Re-examined by his Counsel, Mr. Brayfield said the actual person who fed the pony was the mafon.

Did Tan say anything about these checks?-1 don't think he made any

micasures and he did,

Mr. Potter said he could no! understand your object for so doing What was your aim?--I wanted to sure I was not setting any. make thing in excess of the 13 lbs allow-

ance.

You wanted to see what was the amount and nothing more?--Yes.

Can you say who can testify as to the stuff actually dished out?--The matco and myself.

No.

Is

What did you say to him?-1 pro- posed to him that they should make check of the quantity in the bins at end of every the beginning and never month. His reply was, "Surely, you I put it to you that you spoke to Major Hogg that you had are not going to be so foolish as to

thai?" Instructed Po Yer

to draw extra suggeby-laws you dķe entitled to the ponies?I don't think he can. hay?I am certain I did.

tell actually?-113 lbs., and, assuming that you in Whom did you cannot remember. It might be Major fact got 14 lbs., surely you don't Hogg or his clerk,

auggest you wouldn't pay for that You also at times signed for any extra-1 offered to pay provided excess, did you not? Not excess substantial proof was forthcoming.

Any other proposals to Mr. Pearce besides checking up the bins?-No.

for

Notice Of Libel

WALT

NEYG

OPEN UNTIL

6P.M

P.M.

LANE, CRAWFORD, LTD.

RADIO-

Lya Gurevitch (Piano) From the Studio LONDON-PAUL RUBENS

Radio

Programme Broadcast by 2. B. W. on a Frequency of 845 k.c's. and on Short Wave from 0-11 p.m. on 0.32 m.c's. per second.

H. K. T.

don and Revel)....Louis Levy and Is Gaumont-British Symphony with vocal refrain.

7,35 Landon Relay-Mr. - Gillle Potter,

7.50 Ambrose and its Orchestra. Free Fox-Trot; Take My Heart- Fux-Trot....with vocal refrain: Two Hearts In Cuba-Rumba.

8.00 Local Time Signal, Weather

6.00 Relay of the Dance Orchestra Roport and Announcements. from the Hoo! Garden of the Ilony- kong Hotel,

8.03 Don Cossack Cholr.c

The Eple of Serge Jator's Don (a) This is my night fo'drenm; (b}' A-Tisket, A-Tasket; (c) My heart is Cossack Choir (Prof, Schwedofl; The ..conducted by Serge Jnrott; Rus- taking lessons; (e) Darktown Strut Sont of the Terek Cossacks (Jaroff) ter's Boil.

stan Folk Song (arr. Jaroft)....con- 0.14

Arabia--Danza - Record: Tau had nothing to do with 17-

ducted by Serge Jaroff; Monotonously (Oyanguren); Andalucia (Oyanguren) fings The Little Bell (Russian Folk position to say the

Oyanguren he in

Julio Marinez

Jaroff): Song of the Volga Song--arr. amount of your own feed given to (Guitar).

Boatmen (Russian Folk Song-arr 6.21 (a) This time, its real: (b) Jaroff)....conducted by Serge Jaroff.

8.20

Gurevitch Studlo Lyn With regard to the supply of hay My Bonnie Lies over the Ocean; (c)

(Piano) playing Moussorgsky's "Ple- it has been said that you did not Hawali Calls; (d) Oh! Boom. draw any during February. Is that:

8.35 Records: Rose Dreams (Stas-tures at an Exhibition** have supplied it

Swance Moon (Towers and 8.45 Orchestral compositions of correct?--I must myself, probably purchased from

Pelosi). ....George Elliotts' Hawalian Moussorgsky, Abbas Khan in Kowicon.

Novelty Quarlet with vocal chorus; I've Got Two Lips Quickstep... Gerry Moore (Plano) That foolish

Mafoo's Evidence

who looked Tang Ping, a mafoo Just a word about the publication after Salvage Master for Mr. Bray- of the libel. We know that the notice field, stated that he drew the forage entries was put on the board, and you got from Tau. In the morning, the pony a registered letter on April 27, the was fed one pound of barley, ond date of the posting of the notice, in-pound of oats, one and a half pounds

that your name

of bran and a smali

quantity forming you

mixed ray. In the afternoon it was been put up. Do you agree?—Yes,

And yet you left that $0.18 unpaid given a quarter pound more of oats, until May 27-3 weat away in the and in the evening, it was fed an extra half pound of barley, and exits, meantime.

an additional three-quarter and pounds of bran, compared with the

fodder but straws.

And your

trainer also signed? Jury then The trainer or mafoo. The Forema11

Probably the fodder you drew was Castle Peak stable?-Not your asked: The Jury would like to re- tire to discuss the trial at this stage.

His Lordship: It is not your func-necessarily.

are a number of There tion to discuss until the trial is over.

served by your showing that Po, Yee not only drew hay but also equipment such as No real purpose discussing it at this stage.

an racing colours and straps for saddle, furu Cannot Foreman:

Do you suggest that in all these cases in authority opinion at this stage?

I don't think you you went to someone I Lordship:

and told him that your trainer would opinion

them?--In some is come and draw are entitled to form any

for the plaintiff

cases Po Yee would come and ask until the ense over, at any rate,

Continuing his cross-examination me for permission. I would give it His Lordship: It is hardly a con- of Mr. Bayfield. Mr. Potter asked him and sign for them later.

The System vincing excuse, is it not?It is theAbout this excess fødder, you never

consulted Major Hogg truth, Sir.

When the care was resumed in the V. D. Sorby, who afternoon, Mr.

when his name falled to answer called to serve on the Jury, was naked by His Lordship for an ex- planation. Mr. Sorby explained that at 9.15 am. his chief assistant kept talking to him and he forgot the time.

ке

11 any oc-

We try to make it easy

for you to buy your

had

Did you know that if you had paid earlier your name would have been taken down?—Yes.

Then why didn't you pay i be- fare?--I was away at Swatow,

But you got the letter before you ready put up.

morning feed.

0.44 (n) My Own;

tion.

Mayfair

Maria Elsner and Martin Kraemer "Wild Violets-Vocal Gems (Siolz) topical interest. of The Stale Opern; Dresden, with ears and Orchestra: Noel Coward Medley.. The B. B. C. Dance Or- chestra directed by Henry In

Hall, with "Queen of, Hearts"

Gopak (from "The Fair At Sorot- chinsk"). London Symphony Orches- On The Bare Mountain:....London tra cord. by Albert Coates; Night feeling (c) You're as pretty ns, Symphony Orchestra cond. by Albert

Contes; Serenade.....Reginald Foort. picture: (d) A Rhythm Excursion.

7.00

Closing Local Steois, Quota-at the B. B. C. Theatre Organ with

Alfredo Campoli (Violin). tions.

7.02 Musical Comedy Selections. of

0.00 London Relay-Food for "Love, Life and Laughter"-Selce- Thought.

Orchestra; .New

talks Three short

on matters of

0.20 Next week's programme, 9.30 London Relay The News. 0.50 Bones by Richard Crooks (Tenor).

Macushku (Rowe-Macmurrough); During last February the pony vocal chorus,

Tell Me To-night (from the film).... was also given five eggs at each feed, Selection; "It's Love Again" Selec- Too Late To-morrow (Langenberg);

Hotel Band, with vocal chorva plid by Mr. Brayfield himself. The fodder his pony received was about The Cat And The FiddleVocai Your Counsel has suggested that the same as that for other ponies, "but | Gems (Harbach and Kern)...Light) Composers-Paul Rubens,

Company with Orchestra; the private food was n little bit Opera

"Head Over Heels"--Selection (Gor- ramme mary Court. Will you take it from you ought to be used in the Sum-

that if you were sued for an more. amount less than $10, no costs are allowed unless the Judge consta.. the case is of great public impor- If we had taken action 11 would probabaly have cost us about to draw these extras, without first 540 even if we recovered the money. going

to the Jockey Club, and then Would you consider it fair for us to honour their signature by paying the Lake such a course then?-It is not bill? Not in my caze, They must for me to say. It is a matter for my ask me z.

About

It in fact you went to the Jockey

flon.

Club and informed them that some- went? Yes, but the notice was al-besides lucerne hay and beans, supaille.Sydney Kyte and His Picca with Orchestra.

one would come and draw hay, why in the world did you not sign for it yourself?-it might have been after 6 o'clock at night and the clerk might not be there.

About the items in respect of Mr. the Tau, you also went and told officinis? expect I would have.

to you that it is the system put it for owners to permit their trainers

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Call early and inspect our stocks of quality Gifts at reasonable prices.

OUR TOYLAND

HAS PLENTY TO GLADDEN

YOUR KIDDIES BRING THEM ALONG

SHUI HING

T

your ponies, Salvage Master and Ship Master. Salvage Master at rived in the Colony in November, of him 1937, Tau had charge

and from the start?--Yes.

Tau will tell the Court that Sal- vage Master, was in a weak condition, don't with that?-1 do you agree think he ever was. As far as I can remember, he only had a swelling in

Lance?

Counsel.

10.00 London Relay Theatre

The Man and his Music. A pro- arranged by M. Willson

pro Disher. Music selected and Cross-examined by Mr. Sheldon,

gramme produced by Mark H. Lub- witness said he did get hay from the

bock and Gwen Williams. The B.B.C. His merely walted for you to see whether Theatre Chorus and The B.B.C. Jockey Club during February.

He to renew, In any Theatre Orchestra. Leader, Tate form, the suggestion you had made Gilder. Conducted by Harold Lowe.” pony got what he had already stated, you would

evidence had earlier-whether you would like to 11.00 Close Down. and nothing more.

After corroborative

Macnamara sald that that was the ed a case for the plaintif

been given by Tang Kam-shuen, the retire to give this matter seme con-

certain view of the case. mafoo in charge of Ship Master, Mr. sideration; you seemed to have form- you at that time you must directed His Lordship then walted to know hear the case for the plaintiff first, Reference was made this morning

The Foreman said the Jury would to a check which you had made off the Jury wished to say anything,

and. after several minutes had like to reifre, but after ten minutes the weight of the feed. Did you elapsed, the Foreman said they would they returned and stated they would to the stables on December 8 last?-ike to have Tau called.

like to hear further evidence.

The case was then adjourned to

tin-ful of

I did.

Did you ask Tau to measure out the feed for the pony?--Yes.

And as he took out a feed you weighed it on u scale which was brought down by you?--Yes

And you found the sum total of Tan would also say that the pony the weight was 15 lbs?-The spring was in a weakening condition and of the scale was out of adjustmen required strengthening up. Do you after we had started weighing for a agree?-1 never heard of that.

the leg.

He was

entered for available?-Obviously.

That's right.

in Ersum

the!

while.

or did it not come to 15

every race! As a result, Tau suggested you send for Major Hog's seale?-1 As reganis Shiy Master, he was think I asked him. old at that time?--Yes,

Did it

on to the You brought him country and handed him over to Taubs-We did not carry

After getting Major Hogg's scale about a month before the racing?en because my scale was inaccurate, you again went through the sante Tau will tell us that the pony was procedure of checking and found the very thin, would you agree to that?-feed come to 13 lbs. 2 025.7-During He was notoriously fat.

the process we found the Jockey He was entered for four races on Club's scale was also inaccurate, and successive days?—Yes,

1 said I would bring a proper scale this Tha considered that

pony

the next day, fodder, is that, excess required

The following day you came back did not mention truc?-He

It to

again and went through another pro- you me. He might have considered It

of weighing, und ngain Did he say to you on February found Tau was accurate in is esti or 6 that,

no supm. I give mate?-We had then a correct scale, "Pony hlm 14lbs. tnore chow"?-No, I do and we made 12.715 lbs. Instead of

not think so.

13 lbs.

He is going to tell the Court also

Object of Weighing that he said

to you: these words

What was your object in having This month pay more chow, two these waghing and checking tests?-- pleece pony 1 lbs. Next month no

more; 13 15s, can do." And your re- To get our facts for this case. ply was: "I no pay. too muchee money. Maskee" Is that the storeroom

Jockey Club

true-I think it la imagination.

10

Then on December 10 you went to and saw the store.

keeper?--Yes.

You told him you wanted to check the scale in the forage bam?-Yes, You have said that you yourself in order to make sure it was correct.

Special Feed

I can't see what you were aiming look at?To find it

provided special feed for your ponies

in tins, and that your mafoo

We were getting

And you are. the only from each tin suflelent to make up a value for our money. good handful which would be mixed

owner-

up with the usual forage. Tau has member who has made a complaint been summoned up here and he will of this kind. What right have you say that, at the very most, that ex- got to go to the barn?-It is a public tra feed would only amount to one place. pound a day, probably less, Is that Lirust-No,

He would also say that only four or five eggs were given to each pony

ja day, all at the evening feed and

never more than

CO

DEPARTMENT STORE

187-195-Des Voeux Road Central.

five. Do

you

agree? Thirty eggs were given to the two

daily.

ponies Were you present when this extra was givent-I never 'actually saw them being given to the ponies.

feed

Тай ваул that no

lucerne and Timothy bay was ever given during February at all, and the books show ChartranÇİ İÇİN that the last drawing of Timothy

It is not Didn't the clerk say he

would go and see Major Hogg first,

Valby BREEN BREAKING RICE

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Micha

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