1938-12-16 — Page 5

Friday

HONGKONG TELEGRAPH

December 16, 1938.

DONALD DUCK

By Walt Disney

Cops | by Wah Dhaner. Enterprner

19/1 World right rented

9.73

ACTION FOR LIBEL

Defamation Of Character Alleged By Mr. Brayfield

An action for libel, claiming unstipulated damages, was brought by Mr. Thomas Henry Gordon Brayflald, marine surveyor and owner of racing ponies, against the Hongkong 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 defence admitted the publication of the notice, but maintained that their action was privileged.

Hearing was adjourned to this morning.

A special jury was empanelled. It I am sure it is, but it hardly ex- comparsed Messrs. J. Fleming (Fore-cuses you. You must realise that'us

cosion? This question never before.

It is clear that the question of ex- cess fodder

is between the owner and the trainer only? And the #tables manager as well,

Bu the

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

But

1

In

and while he was away you prompt- ly tested the scale? That is incor- reet, but we did test the scale and found it was dead correct.

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

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

could nol

Did Tau say anything about these checks?--I don't think he made any comment. I asked him to All the measures and he did.

Me. Potter sald he understand your object for so doing. What was your alm?-1 wanted to make sure I was thing in excess of the 13 lbs. allow- not getting any- ance.

You wanted to see what was the amount and nothing inore?--Yco, the stuff actually dished out? The Can you say who can testify as to mafoo, and myself.

WALT

COPEN

UNTIL

6.

P.M.

LANE, CRAWFORD, LTD.

-RADIO-

Lya Gurevitch (Piano) From the Studio LONDON-PAUL

RUBENS

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

7.35

Potter.

London Relay-M¶r, GillEG

Radio Programme Broadenst by

7.50 Ambrose and His Orchestra. Z. B. W. on a Frequency of 845 k.c's.;

Free Fox-Trot; Take My Heart- and on Short Wave from 6-11 pm. Fox-Trot....wil vocal refrain; Two on 9.52 m.e's, per second.

Hearts In Cuba-Rumba. H. K. T.

+

6.00 Relay of the Dance Orchestra Report and Announcements. from the Roof Garden of the Hong- kong Hotel,

0.00 Local Time Signal, Weather

Arabla-Danzacted by Serge Jaroff; Mandi.con-

1.03 Don Cossack Choir. (a) This is my night to dream; (b)) The Epic of Serge Jaroll's Don taking lessons; (e) Darktown Strut Song of the Terek Cossacks (Jaroft) A-Tisket, A-Tasket; (c) My heart is Cossacic Choir (Prof, Schwedofl; The

ter's Ball.

....conducted by Serge. Jaroff; Rug- Tau had nothing to do with it?-- No,

0.14 Record:

Klan Folk Song (arr. Jaroff), (Oyanguren); Andalucia (Oyanguren) Rings The Little Bell (Rusalan Folk Is he in a position to draw extra sugg¢***@ws you are entitled to the ponies?--I don't think he can.

to say the

Martinez Oyanguren amount of your own feed given to Julie

Song--arr Jaroff); Song of the Volga (Guitar).

Boatmen (Russian Folk Song-arr. 0.21 (a) This time its real; (b) Jaroff):...conducted by Sexga Jaroff. with regard to the supply of hay: My Bonnie Lies over the Ocean; (e) 8.20

„Gurevitch Studio Lys draw any during February. Is that

(Plano) playing Moussofsky's "Pic- correct?--I must

0,33 Records: 'Rose Dreams (Stas- tures at an Exhibition." have supplied It myself, probably purchased from Swanee Moon (Towers and Abbas Khan in Kowloon.

Pelosi),

8.45 Orchestral compositions of George Elllotts' Hawalian Novelty Quartet with vocal chorus;

Moussorgsky. I've Got Two Lips Quickslep....chinsic")..London Symphony Orches

Gopak (from "The Fair. At Sorot- Gerry Moore (Piano). feeling; (e) You're as pretty as a Symphony Orchestra cond. by Albert 8.44 (a) My Own; (b) That foolish On The Bare Mountain.....London cond, by Albert Coates; Night picture; (d) A Rhythm Excursion.

7.00 Closing Local Sicoke Quota

man) R. M. McLay, C. Champitin, T. a result of your absence, another Cannot remember. It might be Major fnet got 141⁄2 lbs., surely you don't it has been said that you did notHnwall Calls; (d) Oh! Boom.

H. Wilson, Lo Yuk-long. I. H. Geure member of the community had to be und L. Dunbar.

Mr. Eldon Potter. x.c., and Mr. H.

empanelled in your place while you escaped. I must fine you $25.

Jury's Request

The Foreman of the Jury then

Hogg or his clerk,

You also at times signed for any excess, did you not?--Not excess

drew was

tra

arose hay was in November, 1937. Do you agree?-According to the books, yes. But probably the Jockey Club ran out of Timothy hay, at that time. 1 never allowed a pony to go without Timothy hay and I must have got it from Abbas Khan in

Kowloon About your interview with Mc. Pearce, whose manner You had a trainer named Po Yee scribed as frascible. I put it to you you have de- in January, 1937, before Mr. Tau?-that Mr. Pearce, who will give evi- Yes.

approached you in a most dence, I will give a cuple of examples conciliatory manner and made every showing Po Yeo did draw excess effort to try and settle this unhappy folder in January, 1937. Did he dispute? He definitely charge it to your account after having ment without

altely wanted pay- drawn it?-On my instructions,

any explanation. Did he approach you

In a

most you never informed the Joc-conciliatory manner?--I 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 moming.

about that, want to see you." I put it to you that it had been the What did you say to him?-I pro- petice not for an owner to order posed to him that they should make huy. It

left to the trainer?- check of the quantity in the bins at Nol in my case.

the beginning and end of every I put it to you that you never month. Its reply was, "Surely, you spoke

to Major Hogg that you had are not going to be so foolish us to instructed Po Yec

that?" huy?--I am certain I did.

the Whom did you tell actually?-113 lbs., and, assuming that you in suggest you wouldn't pay for that extra?-I offered to pay provided substantial proof was forthcoming. fodder but straws. a. Sheldon, K.C., instructed by Mr.

Any other proposals to Mr. Pearce N. Tinson, of Messrs. Johnson,

And your trainer also signed?-besides checking up the bins?—No. Stokes and Master, appeared for the

The trainer or maton,

Mafoo's Evidence Jockey Club, Mr. H. C. Macnamara, asked: The Jury would like to re- Probably the fodder you

Notice Of Libel instructed by Mr. G. S, Hugh-Jones, tire to discuss the trial at this stage. for your Castle Peak stable?-Not Just a word about the publication after Salvage Masier for Mr. Bray- Tang Ping, a mafoo who looked of the libcl. We know that the notice field, stated that he drew the forage His Lordship: It is not your funcily. tion to discuss until the trial is over.

are a number of entries was put on the board, and you got from Tau. In the morning, the pony When the case was resumed in the No real purpose is served by your showing that Po. Yee not only drew a registered letter on April 27, the afternoon, Mr. V. D. Sorby,

discussing it

it at this

was fed one pound of hay but also equipment stich

as date of the posting of the notice, in pound of oats, one and a half pounds

barley, onc tions. falled to answer his name when

Foreman: Cannot

nracing colours and straps for saddle. forming you that your name had of bran and a small quantity form called to serve on the Jury,

Do you suggest that in all these cases been put up. Do you agree? Yes. was opinion at this stage?

mixed lay, In the afternoon it was asked by His Lordship for an ex- ilis Lordship: I don't think you you went to someone in authority And planation. Mr. Sorby explained that are entitled to form any

May 27 went away in the and in the evening, it was fed an at 0.45 am, his chief assistant kept until the

them?--In for the plaintiff is come and draw

some meantime,

extra half pound of barley, and one talking to him and he forgot the over, at any rate,

enses Po Yee would come and ask

Did you know that if you had paid and Continuing his cross-examination me for permission. I would give earlier your name would have been pounds of bran, compared with the time.

дл additional His Lordship: 11 is hardly a con-of Mr. Brayßeld, Mr. Potter asked: him and sign for them later.

taken down?--Yes.

morning feed. vincing excuse, is it not?-It is the About this excess fedder, you never

Then why didn't you pay it be- truth, Sir.

consulted Major Hogg

foret.I was away at Swalow.

During last February, the pony vocal chorus; "Queen of Hearts" Macushla (Rowe-Macmurrough): If in fact you went to the Jockey But you

got the letter before you was also given five eggs at each feed, Selection; "It's Love Again" Selec-Too Late To-morrow (Langenberg); Club and informed them that some went?--Yes, but the notice was al- besides lucerne hay and beans, suption....Sydney Kyte and His Picca-Tell Me To-night (from the film).... one would come and draw hay, why ready put up.

plid by Mr. Brayfield himself. The dilly Hotel Band, with vocal chorus: with Orchestra. In the world did you not sign for it Your Counsel has suggested that fodder his pony received was about "The Cat And The Fiddle Vocal 10.00 London Itelar-Theatre yourself? It might have been after you ought to be used in the Sum- the same as that for other ponies, but Gems (Harbach and Kern)...

Light

Composers-Paul Rubens, 0

night and the clerk might mary Court. Will you take it from the private o'clock at

food was n ittle bit Opera Company with Orchestra; The Man and his Music. A pro- not be there.

About the Items in respect of Mr.me that if you were sued for an

"Hend Over Heels" Selection (Gor-gramme arranged by M. Willson Cross-examined

Disher. by Mr. Sheldon, also went and told theant less than $10, no costs are Tau, you

Music selected and allowed unless the Judge consta

pro witness said he did get hay from the officials?—I expect I would have,

gramme produced by Mark H. Lub- bock and Gwen Williams, The B.B.C. it

is ol put to you that it is the system tance? If we had taken action it pony got what he had already stated, you would

great publle impor- Jockey Club during February. Hie case

His merely waited for you to see whether Theatre Chorus and The B.B.C. for owners to permit their trainers

like to renew, in any Theatre Orchestra, would probabaly have cost us about and nothing more. these extras, without first $40 even if we recovered the money. draw

Leader, Tate form, the suggestion you had made Gilder. Conducted by Harold Lowe. After corroborative evidence had earlier-whether you would like to going to

to the Jockey Club, and then Would you consider it fair for us to been given by Tang Kam-shuen, the retire to give this matter come con-

11.00 Close Down. honour their signature by paying the lake such a course then?-It is not mafoo in charge of Ship Master, Mr. sideration: you seemed to have form bill? Not in my case. They must for me to say. It is a matter for my Macnamara sald that that was the ed ask me first.

certain view of the case. Counsel.

case for the plaintiff. About your ponies, Salvage Master

directed you at that time you must His Lordship then waited to know hear the case for the plaintiff first. Reference was made this morning and Ship Master. Salvage Master ar- rived in the Colony in November, a check which you had made of the Jury wished to say anything, The Foreman said the Jury would the had charge of him the weight of the feeder lost elapsed, the Foreman said they would they returned and stated they would

and. after and

several minutes had like to retire, but after ten minutes 1937, from the start? Yes.

to the stables on December 8 last?

like to have Tau called.

like to hear further evidence. His Lordship: He would be called The case was then adjourned to In the ordinary course of events. 110 aan. to-day.

ان

Dr. Wilkinson and Grist, re-

Mr. Brayfield.

case

slage,

we

ot

Coates; Serenade....Reginald Foort at the B. B. C. Theatre Organ with Alfredo Campoli (Violin)..

9.00 London Thought'.

Relay-Food for

Orchestra; Three short talks

opinion and told him that your tralaer would yet you left that $9.10 unpaid Liven a quarter pound more of oats, wild Violets"-Vocal Gems (Stolz) topical Interest,

on any oc-

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to

I

The System

Tau

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

leg.

ine,

the

did.

the feed for the pony?--Yes.

Did you ask Tau to measure out

feed you weighed it on a scale which And as he took out a tin-ful of was brought down by you?—Yes,

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

He Was entered for available?-Obviously.

every race

while.

As a result, Tau suggested you send

for Major Hogg's scale?—I

As regards Ship Master, he was think I asked him.

in from

old nt that time?--Yes.

You bro

Did it or did it not come to 15 brought him

thes? We did not carry country and handed him over to Tau und because my scale was inaccurate. on to the about a month before the racing? That's right.

After getting Major Hogg's scale you again went through the same Tau will tell us that the pony was procedure of checking and found the very thin, would you agree to that?-feed came to 13 lbs, 2 ozs.?-During

was. notoriously fat.

the process we found the Jockey

He was entered for four races on Club's scale was also inaccurate, and successive

sive days?—Yes. Tau considered that this required excess fodder, s truc7e did not

it to mention me. He might have considered it.

I said I would bring a proper scale pony the next day.

that i

The following day you came back again and went through another pro- eces of weighing, and again you

Did he say to you on February found Tau was accurate in his esti- er B that, "Pony no strong. I give mate? We had then a correct scale, him 14lbs. more chow"?-No, I do and we made 12.715 lba. Instead of not think so.

He is going to tell the Court alsoj hat he said these words to you: "This month pay more chow, two pleece pony 01 lbs. Next month no more; 18 lbs, can do." And your re- ply was: "I no pay.

Jockey Club 100 muchee money. Maskee." Is that true?-I think it is imagination.

Special Feed

13 lbs.

Object of Weighilog What was your object in having To get our facts for this case, these weighing and checking tests?—

Then on December 10 you went to

and saw

the store- the storeroom keeper?--Yes.

You told him you wanted to check the scale in the forage barn?—Yes, in order to make sure it was correct. I can't see what you were aiming a17-To And if we were getting value for our money.

You have said that you yourself provided special feed for your ponies HAS PLENTY TO CLADDEN in tins, and that your mafoo took from each tin subiclent to make up a

And you are the only owner- good handful which would be mixed 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 inost, that ex-got to go to the born?-It is a public tra feed would only amount to one place. pound a day, probably less. Is that {true?—No,

BRING THEM ALONG

SHUI HING

CO

DEPARTMENT STORE

187-195-Des Voeux Road Central.

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

a day, all at the evening feed and

never more

than five. Do

you

agree? Thirty eggs were given to the two ponies daily.

Were you present when this extra [feed was given?-I never actually saw them being given to the ponies. Tau: kaya that no lucerne and Timothy hay was ever given during February at all, und the books show that the last drawing of Timothy

It is not. Dikin't the clerk say he

would go and soo Major Hogg first,

Toby BREEN BREAKING NE

CHARLIE RUDDLES DOLORES COSTELLO

and the world's youngset foe Skater 2,100) |

MIRENE DARE.

RADIO

more.

it

three-quarter

7.02 Musical Comedy Selections. "Love, Life and Laughter"-Selce-

New

Mayfair

of The Stale Opera, Dr Coward ...Maria Elsner and Martin Kraemer Dresden, with Chorus and Orchestra; Medley,The B. B. C. Dance Or- (Tenor). chestra directed by Henry Hall, with

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0.20 Next week's programme. 0.30 London Relay--The News. 9,50 Songs by Richard Crooks

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