Considerable interest was manifest on July 17 in the suit by Mr. Win. Beatty, until lately Assistant Commissioner of Police (Sikhs) against Capt. E. I. M, Barrett, the Commissioner, practically all' the seating accommodation in H. M. Supreme Court being occupied during both the morning and afternoon sessions, and many people standing. The case was heard by Judge Sir Peter Grain and a jury composed of Messrs. F. R. Gabloti, A. S. Allan, MacDonald, H, Maitland, and J. K. Owing. Mr. G. E. Griffin was called as a juryman, but was chal-Ienged by the defence and retired. Mr. Beatty was represented by Mr. Tycho Wing and Capt. Barrett by} Mr. M. Reader Harris.
The claim was for Tls. 50,000 damages for alleged libel, it being asserted that tale and malicious statements by Capt. Barrett resulted in a refusal to renew the plaintiff's agreement. The following letter was act out in the statement of "August 17, 1921.
Shanghai Municipal Council, ow, Busty, Beg, ACP.
"si much regret to report yet another instance of tisbehavour mentioned officer. From Fecelved, it-would appear that, dey, August 14, be visited the Shang 1 Swimming 'Bath' Club in company. with two friends. As_the bath had Been reserved for 3 private' party, Mr. Beatty vas refused unbecoming of an ofoer and-a gent Banners, "Commissioner of Police." The statement of defence set forth that "the said report was written and published in the bona fide discharge of his said duty without any malice towards the plaintiff, and with the sole motive of bringing to the notice of the Secretary of the Shanghai Municipal Council the conduct of the plaintiff, which had been reported to him. It was published by the defendant only the Secretary of the Shanghai Municipal Council, which Council kad a legitimate interest in the matter referred to, and a duty to inquire into the said allege The occasion was, therefore, privileged."
No Attack on Council or Force In opening the case, Mr. Wing said it was a matter of much import. lance to his client. It was an allega tion of defamatory libel injurious to the plaintiffs professional reputation, It was claimed for the defence that the statement was made in the course of duty and without This action was not an Attack' upon the very efficient Municipal Police nor on the Municlpal Council, in whose employ one of il was and the other alleged libellous statement was made maliciously and with a desire to injure the plaintiff, Casual instances of imprudence or bad temper on the part of a superior when perhaps he was harassed, pressed or anxious could not be called malicious, but there had been trouble between the two for a long time, Mr. Wing said that various incidents culminated in a Court of Inquiry, at which the plaintiff? was acquitted of all charges made against him. The next day Capt. Barrett sent for the plaintiff and said that a great deal more could have been brought out than had been, that he was very sorry he had not succeeded in getting the plaintiff broken, and that next time there would be no mistake about it.
Text read from the printed page and cleaned; old type leaves the occasional error.
