1938-12-16 — Page 35

Friday

HONGKONG TELEGRAPH

December 16, 1938.

Jockey Club Defence Opened in Libel Action Ask him what he'd like from Taipan's Claim Arising Out of Posting of Name as Defaulter

PONY'S FEED BILL

THE

IN

DISPUTE

-HE CASE for the Jockey Club, defendants in the libel action brought by Mr. T. H. G. Brayfield before Mr. Justice R. E. Lindsell, was oponed by Mr. Eldon Potter, K.C. this morning before a special jury,

Plaintiff's case was concluded yesterday.

Mr. Brayfield claims unlimited damages for being posted at the Club as a defaulter in respect of an account for $9.10 for excess fodder for his ponies Salvage Master' and Shipmaster.

Mr. Potter said this morning that plaintiff was unreasonable and obstructive throughout and if he had done the reasonable thing nine months ago, the mat- ter might easily have been cleared up then.

The Jury comprised Messrs. J. Fleming (Foreman) R. M. Melay, C. Champkin, T. B. Wilson, Lo Yuk, tong, 1. H. Geure and L. Dunbar,

Mr. Eldan Potter, K.C., and Mir. it. G. Sheldon, KC. instructed by My G. G. N. Tinson, of Messra, Johnson, Stoker and Master, appeared for the; Jockey Club, Mr. 11. C. Macnamara, instructed by Mr. G. S. Hugh-Junes, of Messrs. Willinan and Grist, re- presented Mr. Brayfield,

In opening the case for the de- fence, Mr. Potter mid live or six

Many British Exiles Return

Thousands Go Home

For Christmas

LONDON, Dec. 16. THE CALL to Britain for Christmas time is being answer-| ed by thousands from all parta of the Empire.

By far the biggest number of exiles returning to the country for Christmas are from India, and further East.

east

witnesses would be called for the Jockey Club.

He said: "I propose to discuss the polley and conduct of the Jockey club since they have a very relative bearing on the issue,

"The Club is an institution which atives a great deal of pleasure and recreation-and possibly some profit nationalities,

a great number of people of all

"It fe in nu, sense a prefit-moking onerra: its very Articles of Memor unk forbid that single penny of profits be distributed fo members.

"Thear prests are unext to foster

raping and subscribing very largely

charity it is true that the Club

company incorporated in

but that is merely for the purpose of legal convenience. It is really an cation of people who either race, are interested in racing.

"As you know, the Club is governi eda entrolled rud, to ú rrent extent maniped, by lush gentlemen,

ratuitiously give their time and

vrviers

her one job, I submit, is to see

that the Club is carried on bed interests of the members.

the

OBSTRUCTIVE CONDUCT "I subinit that they are at least entitled to expect the loyal co- operation and help of their fellow members and not to expect obstrue tive and unreasonable conduct which can do no good to anyone and may

inßnite harm.

shail

state as firmly and strongly

MR. T. H. G. BRAYFIELD.

The Story Of

Little Audrey

Continued from Preceding Column'

"Then his remark that he objected that a reasonable thing to say? strongly to paying for 24 nails: is

"It shows the mentality of the plaintiff, for we know very well that he had paid similar accounts 10 times previously. I put it to that plaintiff has been unreasonable and obstructive,

you

"He belongs to the owner-membors class and I can agree with him that this class gets no more as members than do any other members.

ΣΟ

NOT PERQUISITE OF RICH

as 1 can-and I hope in no 1X- "The policy of the Club is to foster grated language that the conduct racing and it is to the credit of the ઇ! the plunti lan respect of this mat- Stewards that they do all they can ter has fallen far below the standard which the Stewards and the mem- perquisite of the rich and, with that

prevent

being the racing from bers can reasonably require.

object in view, they have given facilities of the most generous and even of the most lavish kind to the owner-member.

"In that regard I would remind you at the outset that Mr. Brayield's letter of March 19 said I decline to pay until substantial proof is made to me that my ponies consumed this excess fodder'.

Hitherto 4 comparatively mild winter has been experienced and huge crowds daily pack the popular

Tuke business centres of the metropolis,

Shipmaster and Salvage Including 1,000 "colonials", who flud

Master. Salvage Muster cost plaintif strong evidence that anticipation of

3450 but the Club had to pay $581.04: Yuletide is dispelling the gloom

"He admits that the only sub-thoy were carrying the difference. by the events of a critical year.

stantial proof that can be produced The owner-member gets his stabling In preparation for the heavy holi-is the statement of his own trainer for $40 a month and a free allowance day trafie, beginning next week the which, to my mind, puts an end to of feed of 13 lbs (or each pony, with four main line rallway companies his case for all practical purposes, a treiner, a matco and riding boys. have arranged to run more than 2,500 additional Jong-distance passenger expresses and extra trains for parcels malis.

Пенест.

to go

be any

"You can, I am told, select your UNHAPPY MISTAKE

trainer if there is room for your "When that letter was written he pony in his stable, and the Jockey knew that the only substantial proof Club do not, as they might, Interfere Enquiries at Imperial Airways could be afforded by the trainer and at all between the trainer and the show that the heavy Empire air mail he writes later "That in my opinion, owner, traffic is being handled us smoothly is not substantial proof.

Plaintiff's attitude can be seen and expeditiously as possible. No "Why did he not, as a reasonable from his answer when I asked him fewer than 18 planes-fying boats man who owed a debt to the Jockey why he went to the stables and and land planes took off from Club and especially in his capacity inspected the system for serving out Southampton for Empire destinations as an owner-member,

the feed. the on one day, and "no dimculty is Jockey Club and say,

"He said "To see that I was getling Gentlemen, being experienced" in disposing of the there is some unhappy mistake here. Vallie for my money. If anybody heaviest Christmas mall ever have been supplying my ponics was getting value for his money, it

with special extra feed provided by was Mr. Drayfield, I submit."

Counsel detailed the system of myself and there cannot

se: ving out the feed to the trainer more exccat fodder'.

wt was the agent of the owner in "Would not that be the reasonable the matter. The excess

cal- attitude? Is it nol

cul fed quite simply, vouched for by ordinary thing had that vital fact the trainer-who in this case pllested which could have been investigated his honesty by producing a surplus nine months ago has been locked in brg of oats as a credit against the his breast as far as the plaintiff is 4cess and the final Excess was concerned until he came to Court? divided between the owners using the it could have been investigated then

I he had said that at the time, stable,

Tau's admission of the excess feed when it would have been much easier was stated by Mr. Brayfield to be the than nine months later. Plaintiff result of "improper questioning" by might well have been able to prove the Jockey Club officials at the time his point to your satisfaction then. how it could be improper. That, and though Counsel could not conceive "Ife might have suld to Tau the his further suggestion that the excess trainer: "You know 1 have been giving this extra feed, why did was debited against the "winning you give this extra fodder? but he pony" could be proved to be, without did nothing at all.

a shred of truth.

Archbishop Leaves League Union

London, Dec. 15. Cardinal Hinsicy, the Archbishop of Westminster, has announced his withdrawal from the League of Nations Union, in a letter to the chair- man, Lord Cecil, published here to- duy,

The reason given by Cardinal Hinkley for this decision is that the League of Nations Union has ceased to be a non-political society--Trans- Oceni.

ሀዲ extra-

Last Christmas Mail Leaves In 3 Planes

IN EXPECTATION that the last Christmas mail to England and Australia would be a record one, three Imperial Airways planes were lined up for departure in the dim dawn light at Kai Tak Aerodrome this morning. It was found, however, that; Both English and Australian mails the mail amounted to slightly will be brought from Bangkok. They loss than a ton, which is well will arrive on Sunday afternoon at

5 o'clock and not to-morrow below the record,

scheduled. The next mail from The three planes-Dardanus, Della, Hongkong will leave on Tuesday, and Delphinus-havo a full londing being duo in England on Boxing Day capacity of 2 tons; in fact, on nor ong day late for Christmas recent trip two of them carried 14 | greetings. tons of mail. Therefore, two of them

From now on Imperial could have handled to-day's mail comfortably, but the three neverthe expects to return

Airways

to its normal

eas departed so that they could be schedule, Adequate passenger space, ready at Bangkok to bring inward will again be available.

mails should they be nubciently Only one passenger, Mr. R. A. Large to call for the use of three Starling, left this morning. He is Blanes.

fying to Bangkok.

Woz

SALVAGE MASTER WEAK

"Tau said he reported the excess to Mr. Brayfield, who said he could not recollect what Tau had said to him.

"Tau will say that there was 41 very good reason for giving the ex- cess feed. He will say that Salvage Muster, which իում arrived 27] November, was weafe and required strengthening and, in his opinion, wanted excess fodder.

"He would further say that Ship-

Chairman Of Club In Witness Box

.

FREE 158UE LIMITED

In

himself had admitted that it was in veterinary surgeon of the Club poor condition.

October, 1934, was consulted and he "Little Audrey, as an Australian gave certain advice, amongst which pony, I am Informed, would require was that, in his opinion, an allow» even more feed than a China pony Jance of 13 lbs. a day was ample. and there were express instructions from this pany's owners that it was to receive extra feed.

"Little Audrey,

In December, 1934. the Stewarda, If I may anfl- ob elpate

the friend,

recommendation, of the did not laugh, Stables Sub-Committee, decided that and laugh, and laugh because she the free issue of fodder be limited did not get her extra 91 lbs. Sl to 13 lbs, and that any excess should did get it, and Mr. Brayfield was debited with the other half of the

my

WON $3,000 IN STAKES "Salvage Master, I am told, has won $3,900 in slake money already and if I may bellove Mr. Sheldon, should win the

Autumn Cham pleng to-morrow! (Laughter). "When owners have a good pony like that, they nurse them and Tau,

be paid by the owners concerned.

A circular to this effect was sent out to members on January 1, 1935, when a small book on the stables bye-laws was also prepared.

Continuing Mr. Pearce sald_that the first time he heard of Mr. Bray- field's objection to pay the nessunt was when he received Mr. Brayfield's letter of March 19, through the Secretary,

The letter was first sent to Mr.

apart from his evidence, had the Johnson as Chairman and passed on strongest reasons for giving It ex-j to him afterwards.

cess folder.

Mr. Johnson issued a memorandum

the To deal with the interview with on March 23 in reference to Mr. Pearce who, Mr. Drayfield says, thought the present system was

matter, and in it he said that he spoke to him in rasping voice. reasonable one and that he saw no Mr. Pearce will say that he spoke to

13

plaintiff to persuade him to act in ground for waiving the charge against

Mr. Brayfield. reasonable manner and is it not remarkable that when Mr. Pearce the

Mr. Shektion: Some more letters

Chairman of the Club, spoke to him were missed and on April 12, you in this friendly way, plaintiff did not which he declined to pay this 59.10? saw a letter from Mr. Braydeld in

say It's a strange thing, old man. Yes. about this excess feed, because had been

1

There was a race meeting an April

been giving the ponies excess 10-Yes.

Feed myself.

you will appreciate

Between those two dates what did

libelards the publication of the you do about this letter?- held it!

that it up because thought that an inter- could not have been published in a view with Mr. Brayfield would pos less non-committal form. The notice sibly settle the matter and I proposed vaid

that

Mr, Draydeld would be to see the Stewards on April 10 dealt with under Article 79. Wer to ask them to agree to this pro- were faced with a frank denial to cedure. So I held the letter over pay when the Stewards were satis- until April 10,,

led that the money was due.

We were

told that we ought to WAY OUT OF UNPLEASANTNESS have sued for the money, but withi I thought that if I had word regard to an action in the Summary with Mr. Brayfield there would be Court I shall

convince

my friend by a way out of this unpleasantness. the scale of costs that if we had I spoke to the Stewards and have had to pay the costs ourselves Mr. Jayteld, and I did so. brought such an action we should they agreed that I should speak to and they would have been $40. Mr. Brayfield has said that all you

"That is not the debt of $0.10. We way to collect a did was to demand payment of $0.10. are given powers is that right?-1 can hardly belleve post to enforce payment of 1 should for appeasement in a

go amounts which are due and the true hostile manner. construction of the Article is by the Stewards in the last but one Article maltreally trying to clear up this und upproached him in a in the book that if the account is friendly sort of spirit. due, the members must be posted. "If my voice or lone was not what Otherwise it would not be fair to it should have been I can assure you other members of the Club.

it was quite unintentional. But it was in the very best of spirit that I tried to solve this difficulty.

to

FIRST WITNESS CALLED

The first witness called

Jor

+

the

defence was Mr. Thomas Ernest Pearce.

Was

"I pointed out to Mr. Brayfield that we had from the stables manager that the trainer had drawn this fodder, and that that was suficient for us to He maintained request payment. that the fact that his trainer had He said he was Chairman of the old he had drawn this fodder was not Stewards of the Hongkong, Jockey Club, succeeding Mr. M. T. Johnson, evidence, and he seemed to remain

dissatisfied, when he went on leave last year.

Prior to becoming Chairman, he

RAN AFTER MR. BRAYFIELD was and still is a member of the "At that particular moment a lady Stewards

After she came up and spoke to me. Sub-Committee,; which had general supervision over hnd moved away I ran after Mr. all matters dealing with 'stables. Braydeld and tried to resume our con-

In 1934, went on witness,

the versation, but we could not get on. Jockey Club was running at a loss, He maintained his view that he was there being a deficiency In the not entitled to pay and the matter balance sheet dated March 31, 1034, was left there." of some $30,000.

Stable

There seemed to be a storm in the As a result of this, the Stewards ea cup about absolutely nothing at decided that several economies had all?--That seemed to be the case. to be effected from November, 1934,

About Article 79 of the Club, thère among which were the

was no alternative but to apply it in raising of members subscriptions and the re-order to enforce payment?-No. duction in stakes provided for rac- And in fact at the end of every Ing. These stakes were not re-month, a list of unpaid accounts is stored until September, 1832.

circulated by the Secretaries with the Besides these economies, an in request whether that Article should quiry was made in November, 1934 be carried out or not? That's right. into the feeding of ponies with This was not adopted immediately view to preventing any possible in the case of Mr. Brayfield because, wastage. Before then, the issue of though his account for February was todder was unlimited and there was unpaid, his name was not posted up no check on the amounts used by until April, the reason being that he tralmers; they could obtain free was disputing It? Yes. If it had issues up to any quantity.

been in the ordinary course of events she would have been posted up early

was

During the Inquiry, certained from the stone manager in Aprü. that the average consumption of fodder was, in certain stables, as much as 174 lbs. per pony per day

Major Hogg, who was appointed]

Canada's

POSTED AFTER INQUIRY Was the name of Mr. Brayfield posted until every possible inquiry (Continued on Page 4.)

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War Involving Britain.

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"A RESOLUTION seeking to clarify Canada's At Christmas Time

master was thin and Mr. Brayfield position in the event of Britain becoming involved in war, will be introduced by Mr. J. S. Woodsworthy, leader of the Co-Operative Commonwealth Party (which is Socialistically inclined) when Parliament reassembles in January.

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