Demaurrer Pleaded in U.S. Court —Judgement Reserved on interesting Point At the U.S. Court for China on Monday, his Honour Judge C- 8 Lobingier neard a motion of demurrer made by counsel for Mr. Patrick Gallagher and Mr. G. Bronson Jtea, the defendants in a libel action brought by Mr. G. L. Shaw against the "Far Eastern Review,' in which the plaintiff claims $50,000 from each of the defendants, Mr. P. M. Linebarger appeared for the first defendant, Mr. Gallagher, who is alleged to have "wrongfully and maliciously, with intent to injure plaintiff and bring him into public disgrace. in and during the month of September, 1920, written an article in the 'Far Eastern Review,' describing Mr. Shaw as one of the active leaders of Sinn Fein.' " In this article the plaintiff is described as "one of the active loaders of Asintic Sinn Fein"; as an "Asiatic Sinn Feiner in particularly good standing"; as having "made no attempt to hide his interest in the cause of the Korean rebellion—the first principle of Asiatic Sinn Fein''; and as "doing in Korea work along the lines followed in Ireland by Mr. Frank P. Walsh, ex-Governor Dunne and Mr. Michael P. Ryan."
The petition alleges that "by the writing and publishing of the aforesaid words and article, the defendants meant, and intended it to be understood by all persons who read such words and article, that plaintiff is a Sinn Feiner, an Asiatic Sinn Feiner, and an enemy to human progress, and en enemy of Great Britain and other countries, the Allies and friends of Great Britain."
Unusvat Case.
At the opening of the proveed-ings, it was pointed out by his Honour that unless counsel for plaintiff, Mr. S. Fessenden, and Mr. Davies for Mr. Rea, the pubisher of the journal which contained the alleged libellous article were agreed upon a motion for demurrer, ha could not permit the hearing of one. Counsel for Mr. Gallagher, continued His Honour, had agreed to answer on a certain date, which had already passed. Mr. Linebarger protested that he should still have an opportunity in which to submit his motion. Eventually counsel for plaintiff consented to Mr. Linebarger's stipulation.
On behalf of Mr. Gallagher, Mr. Linebarger pleaded in effect. that even if conceding the allegations made by plaintiff to be true, the latter was not entitled to say that the article complained of -was defamatory. The case was an unusual one because plaintiff asserted that "be was @ man of international reputation, and at the same time subject of King George. The libel-
Text read from the printed page and cleaned; old type leaves the occasional error.