ALLEGED LIBEL

Dominion, Volume 4, Issue 1043, 4 February 1911, Page 6

ALLEGED LIBEL

MR. W. F. MASSEY V. "N.Z. TIMES." APPLICATION FOR A SPECIAL JURY. A cartoon which appeared in the "Xew Zealand Times" towards the end of last year and which led to the issue of a writ for £2000 by Mr. W. F. Massoy, Leader of the Opposition, for alleged libel against tlio owners of tho paper, was referred to at a Chamber sitting of the Supremo Court held before the Chief Justice (Sir Robert Stout) yesterday.

The matter of the moment was a preliminary phase of the action, being an application by Mr. H. D. Bell, IC.C., on behalf of Mr. Massey, to have the case tried" before a special jury as expert evidence would require to be called.

The action was originally brought as a result of a- cartoon, published in tho defendant company's newspaper on December 3 last. 111'. Massey alleges that one of the figures in the cartoon complained of was a caricature of himself personally. The defendant company deny that the figure was intended to represent and resemblo Mr. Massey. They say further that it did not so represent and resemblo him. An affidavit sworn in support of the motion proceeds as under:—

' "At tho trial of tho action it will be necessary in support of the plaintiff caso for tho jury to compare with the said figure certain other cartoons or pictorial representations which have been published by the defendant company's newspaper at different times and which were admittedly intended and expressed to represent and resemble the plaintiff (Mr. Massey) with a view to showing that the figure in question was in fact intended by the defendant company to represent and resemblo the plaintiff and is in fact a caricature of the plaintiff personally. Expert knowledge is required for the trial of tho issue so raised. The plaintiff will require to call tho expert evidence of artists and caricaturists to establish by comparison with the figure used generally by the- defendant company m its published cartoons to represent tho plaintiff and otherwise, that the figure in the cartoon in question does in fact represent the plaintiff and also that such figure would convey to readers of the newspaper tho impression that the plaintiff was in fact so represented." Mr. Bell produced a paper containing the cartoon complained of, and handed it to his Honour, indicating at tho same time a broad figuro 'with its back towards the reader. He v'submitted that in a number of other cartoons in the same paper, the same, figure, the same head at all events, had appeared and had heen presented, as representing the plaintiff by name. As it was alleged on one side that the figure was in fact a representation of the plaintiff, and denied'on the other side, expert evidence would, he 1 urged, have to bo'called.

His Honour: "How can you call that expert evidence?" Why, he asked, could such a question not bo decided by a common jury? Handwriting could bo examined by a common jury. If a thing was only understood by exports it was not libel. Would this application not, ho added, bo putting the' doctrino of expert evidence too far? Apart from the expert evidence, said Mr. Bell, it was quite obvious that evidence would have to be called to show what' the public thought. In his opinion, it was essential to call expert eviUl It was not a question of looking at this picture alone, but of comparing it with the other cartoons which appeared in the same paper. ' Mr. Bell: Does your Honour think any member of the public would bo equally able to judge?.. . His Honour: I should say yes. Mr. Bell, continuing, said the figures were not the .same. In the cartoon in question tho man was turning his back, but in the others the face was seen. Tho question was one .of tho contour of the head and a comparison by experts was required. "I do not think that the Act meant this to come under tho head of 'expert' knowledge," said his Honour regarding the cartoon, and no previous cases, lie added, had gone to this length. His impression was that tho Legislature, in limiting the cases in which a special jury could bo asked for may .have" gone further than he would have" gone, but ho had nothing to do with that. He did not think this case could come under the head of '.'expert." It did, not seem to him that it was. what was meant by "expert evidence" merely to identify whether this cartoon stood for plaintiff or not. Evidence could bo called to say that similar cartoons had been published with figures of tho same shape, and so on, but ho thought that a common jury could determine the master just as well as eould a special jury. The application, he thought, was stretching things too far, and if it were allowed he did not know where the lino could be drawn. The application was refused, without calling on Mr. Blair, who appeared against tho motion. Costs amounting to£l Is. were allowed the defendant company.

The Hon. Geo. Fowlds will address the meeting of the Wellington Brotherhood to-morrow afternoon in the Druids' Hall, on "Impressions of South Africa." Sir. W. J. Jordan will occupy vne chair. The meeting is open to all. Messrs.' Abraham and Williams, Ltd., will hold a. stock sale at Pahaufcanui on Monday, February G. A stock sale will be held at- Pahautanui on Monday, February 6, by the New Zealand Loan and Mercantile Agency Co. At their rooms, Larabton Quay, on Tuesday, February U, Messrs. T. Kennedy Macdonald, Ltd., will sell a section of land, situated in tho Kororo district. Messrs. A. L. Wilson and Co. advertise particulars of 1300 acres of good sheep country for sale-To-day, commencing at 10.30 a.m., Messrs. T. Kennedy Macdonald will, continue their auction sale of magnificent Irish linens without reserve, at Baker's Buildings, Feathers ton Street.

Particulars of a number o{ farms, situated at Nelson, AYoodville, and Hawke's Bay nro advertised for sale iu this issue by Messrs. Harcourt and Co., land agents, Lambton Quay. Mr. T. Queree, president of the New Zealand Shopkeepers' Association, inserts in this issuo ail important notico to shopkeepers. Miss M. Tare, tench or of singing and voice production, has resumed tuition, at No. 11 l'irio Street. The Wellington Hospital and Charitable Aid Board invited tenders for the painting of the Otaki Hospital. The Women's Christian Temperance Union will hold a .garden party at the residenco of Mrs. Keens, Island Bay, on Wednesday next, at 3 p.m. The Wellington Education Board , invites tenders for the erection of concrete retaining works at Maranui, and the erection of fencing at Tawa Flat. The Caledonian Sports will be held on the Recreation Grounds, Napier, on Wednesday, February 22. Entries for running, cycling, and miscellaneous events clcso with the secretary on February 8. Messrs. J. W. Braitliwaite and Co. will hold a horse sale at Nag's Head Yards, Dixon Street, oil Wednesday next, February 8., Further entries will be received at tho yards. Mr. N. Fcrnandos, fish merchant, Lambton Quay, notifies in this issue that he has just received a large consignment of very choice fresh and smoked salmon.