LIBEL CASE ENDED.

Dominion, Volume 3, Issue 679, 2 December 1909, Page 8

LIBEL CASE ENDED.

, . AWARD OF £100. DISCIPLINE OF THE "ZOO" STAFF, "SOMETHING WRONG." Aftor a sitting lasting three dajs, tho libel action, Tnomas William Arthur -versus" Albert Ernest Louis Borthng, was concluded jesterday m tho Supremo Court, beforo Mr. Justice Chapman, ; and a jury of twelve. Tho proceedings had been taken by plaintiff, who was headkooper at tho Wellington Zoo, to recover from defendant, superintendent at the Zoo, '.£5Ol damages, for'alleged libel contained in a let-, tor, which set out that Arthur had been' dismissed from the service of tho City Council "for ' his ; gross: incompetence, neglectful, and careless ways, and mischief-making." Mr. Pothonck appeared ior plaintiff, and Mr. Shaip for dciendant. Guide Maggie's Protest. Tho cross-ciammation of Bjrtlmg was resumed. He stated thatj -while at 1 Rotoruo, it was his duty as. ranger to inspect the Maoris' bags, bocauso ho suspected them of poaching' for pheasants. One night a Maori woman caino along with both saddle-bags filled, and when witness endeavoured to overhaul tho bags sho 1 galloped off, screaming. Witness chased her I for about 100 yards, but when somo othei I Maori 3 o\plained the position, ho was allowed Ito mike an inspection. Thß guide Maggie Papakura v was among tho Natives, and she protested against tho searching of tho Maori womon. That night, about thirty Maoris camo out from; Whakarewarewa and threatened him .withvguns and:'sticks/'and ho pulled a revolver from his pocket. .He had no authority for carrying a revolver, > but he took it with him lat'nightlKit' was' ,; never, loaded.' ■■'■■ He did not remember any complaints . having been made regarding, his conduct at. Rotorua, and he did f hot; got •' a'' "hiding" : from another officer, - Mr. Moorhoiise. .;■..■ . .>:. • .'. ' ■ .'■, r-; Improved Managerial Methods.' r-The methods of management at the Zoo .had ;Weri'iimprc'ving all ,the; time, 1 and it was: sig- i pificant. that';n6' notifications appeared in the papers' ••aftor Arthur 'left.'; If Arthur wanted i ;work. atVthe part' 'again,' he . would be • quite prepared-:to take..him•.on at excavating work,' but he ,wculd:not. employ, him as a keeper. It was-only.: within; the last.'few weeks'that :he,'.had;,:had- ..definite 'instruction .fioir, 'tho 'council'.-'that allydead bodies'were' to to/ : v Tho •. iguana had not been ..improperly treated, niid the penguins,. which,were; moulting prematurely, : had. ied-i because of the 'washing admiiustered'by Arthur.":» One had fallen' into-a palnfc-pofc It .was not a fact that ho had beenon;bad terms with his;ifien, a number of whom had -signed a document, expressing their high •.appreciation ,of bis methods: Arthur had not been-given: "hard work" ,to do; -he was doing the ' same ■ labouring work on the last day as : ho::first ontcred the employ of'the coun-' cjl;at the.Zoo.:"There had-never boon a head-' .keeper •at :th(i - Zoo'/-;. Arthur. only attended the animals; pn Saturday afternoons and Sundays,. ,°m liß,wa9,phid:bvertime for that work, along with the-.other men.. The attitude of Mr. Bates -led him to believe that'he (Bates) did not like -to' ; 6ee -witness got the appointment as Zoo su'permtendent. ; v. :i ... • ; •

'. J.-Langridge, .keeper'.at.-the ■ 'Zoo-' for four months, said that;'on one when/Jackson,,wa?;^cramming"/theriguana .with a 'file 'the sujeruite'ndent.'.came along and made' him use a flat stick." Ho had never 6een the camel ■■beaten/.•iv,-' fl r,■•.'.!■' ■-K:--v~- : - "; •..'"'; ;■'-; .'; -!- 'Bert : Harmer,' ; keeper. at the Zoo, denied that .unnecessary force" was used in moving the lion seen' a hook'taken.out.of the sea-lion's ineok; •■.■••.".■ ■■".;',■'.■ ;;.v.-'.., -.; -■..';,■•. ■■.■•. ;«."'1 '''Judgel Directs: /"No 7 Privilege/' ; '';•'y 'addressed, the jury, who'; were' fid-' :vtsed I ;.by.v.the Judge! that- Bertling's ; own evi--dence!made.'-.it clear, that'the letter- was '■ not' .written, on ;a ; : privileged occasion.- What 'call ;*asthoro-for*thp';mtotibn of Arthur's name.in the_letterP.Bertlirig'-"was writing about his own' Msinoss-to a man with whom he'expected'to .make an .exchange of animals.- He had no reason to suppose that Arthur' wasrgoing to. seek He said that if he .•thought -that-'Arthli'r had been: going to -seek ;employment with.3eard he; would have'•' writ- : v to'n,td„S()irieo'ne' r inrßrisbane, giving■ him 'a. caution. Wluit; cause had he then for mentioning Arthur,in the letter-,at all?.-As the letter had jnot,;been writtenv.with- a view to protecting ; Beard,"it was not privileged. ;B6th parties' ; were ; V.orking .men,.;: despite. their connection, with zoology/and if a'large' amount of damages' was given, they would probably see ling in the. Bankruptcy.Court in a day or two.; .There .appeared -to have been something.'alto'1 gether wrong' in "the 'organisation of the' ihsti- • tution, and it seemed to his Honour that there was.a little too much familiarity botween Bertling and Arthur.;-They were too near the one level,-and they collided for that roason. Had there-been-a little more discipline and a little better : discipline, probably.' the' Court would -not have heard-of the matter. The/'boss" had ,been less-of- a. "boss" .than :he -.ought :to';have. ;been. ■'•-. Apart ■ fjom the evidence ■• of 'Mr. Bates, i,who "seemed 'to ■'have. come near one of' those "storm centres" often spoken about—(laughter)' -—and' got. into.,the swirl, .they had. heard a ;'statement by .Mr. / Quinnell, who' appeared to ! be. a .very fair man.;-He had said that Arthur .seeined to have a knowledge of animals. The jury would.consider that the .witnesses for _plaintiff had been swayed more, by their dislike : 'of-Beriling"than by..their;judgment.

A Memorable Scientific Dispute

..; A./good_ deal .'of .bitterness arose' sometimes among scientific : men,''continued;-his,'. Honour,' ,He remembered-a memorable case in which-a .dispute .arose,' as : 'to. whether the, world was round" or.-fiat. Dr. Alfred, Russell Wallace, the eminent .-scientist,. who ./was ./co-discoverer with, Darwin"' of eyolntion;' became involved' in'a'.'.bet with another man, the son of a" bishop, /iis to\ the shape'of the world.' This led to liti- . gationj i iheludiig a libel action. It had not lasted as long.as the present three-day case, having./.bcen concluded in' ninety minutes.. (Laughter.):' The defendant" had said that -if Dr. Wallaoe had been a member of the' Jockeys' ; Club-he/ wpuld"have been 'fkicked out/of .asociety of'the lowest blacklegs in England." His Honour, remembered the case well,. Because ;it/was'then, as -a'timid youth,; that he.made his : first.■appearance'in, one' of Her Majesty's Courts/in.Loudon...'-', ■■"■, ~'•'- '~ ■..';:;/'

•y The case'was one which should be dealt with, 'temperately.-/' If Arthur had been substantially ; .wrbnged,';;thejury/had,no right to. dispose/ of the case-, with .a.' merely nominal verdict, ■■' but, ;if'the: loss/sustained-had not -been, great, they shouldriward a moderate sum.

at .five o'clock, and. after an hour's A. <Jlibera'tionr. returned a: verdict-for. the' plaintiff for iglOO damages. • Costs were allowed as per scale, with .five guineas, for'each.of the secondhand /third days/ witnesses' expenses and disbursements to lie fixed by the-registrar. The 'costs i/of 'plaintiff, \ a. necessary witness, .from Brisbane, -would also .be'-' determined by," the registrar. Jury/costs ..would be allowed as/if a:jury/offour, had been summoned. ''„■• V-Mr.:Sharp/"asked:for;astay : ot' execution, but his iB/onour declined./to/grant/a stay of more; than .four '.'time' within which de;fendant/might;move for a new trial.