ALLEGED LIBELLOUS CARTOON.

Dominion, Volume 4, Issue 1052, 15 February 1911, Page 7

ALLEGED LIBELLOUS CARTOON.

FOR DAMAGES; j; 3 j62,0tf0 CLAIMED.: MR. W. F. MASSEY v. " NEW ZEALAND | -TIMES." j EVIDENCE FOR PLAINTIFF. * Interest ran high yesterday in conneo*. ! tion with tho opening of the action for ' libel arising out of a cartoon published in. 1 tho "Xew Zealand Times" in December •' last, in which Win. Ferguson Massey, of-, i Mangere, 6hoep-fanner and Leader of the ] Opposihon, claimed £2000 damage's from ', J the "Xew Zealand Times" Company, i \ Limited. • > j The case was heard.in the Supreme j Court before Mr. Justice Chapman and the; ) following jurv-:—Samuel Geo. Boss (for:- j man), Foster Brown, Frank Edward i Shaw Martin, Nathaniel Ball, Stephen G. j Godfrey; Henry Francis Green, .AVm. , Lewis, A. M'Arthnr, John David "Stit't, • j Wm. Gibion, Karori F. Spiers, Chas., ! Pattereon, and Seymour Jeffrey. ' In selecting tho jnry, counsel used - ! their power in regard to'challenges, each I side challenging on five occasions. ' ~ \ Mr. Massey w?s represented by Mr. H. D. Bell, K.C., who had with him Mr. A; Gray. . Mr. S. Solomon, K.C.,'with'.'him \. i Mr. A.3lair, appeared for the defendant 1 company. • „" Statement of Claim. .The statement of claim set out:— 1. Plaintiff is a memlicr of the House of: V .'■! Representatives in the Xew Zealand Parliament, and is Leader of the Opposition ' party in' the said Parliament. 2. The defendant company is a company incorporated in Xew Zealand, and-hav-ing its registered office in , Wellington, and is 'printer, proprietor, and publisher i of a paper knoun as the "Svx Zealand ! Times.". , ■ 3. At some time in the year 1910 there was printed in New' Zealand and published at Aucki-jud, Wellington, - ar.d , elsswhero in New Ztcland a scurrilous pamphlet reflecting upon tho Prime- Minfster of Xew Zealand. -■ ■/ ' i. Tho plaintiff was not in any u way responsible for the issue or publication of l the said pamphlet, and ujs.in.uo way connectetl with the issue or ' thereof, and ms in no way connected with the' distribution of the'.said .pamphlet to the public or.otherwise. . ' 5. On December 3/ 1910, .the defendant company in its newspaper, the "Xaw Zealand Times," printed and published a j cartoon or pictorial representation' of a i cart led by a dDnkey, uith the name i "Ananias," printed thereon, pud driven -j or controlled by plaintiff, ?nd m tho i said cart there was depicted a bundle of. pamphleK books or papers, 'with''the words, "Pamphlets free" prin'ed thereon, i and underneoth the cartoon or pictorial , representation were tho words, "Hitch ; jour wagon to a lie." 0. The said pictorial representation and/ j words printed thereon were published of. and concerning the plaintiff. ■ I ' 7. The defendant company meant; fhercV by that the plaintiff,.who uas depic f ed in' : the cartoon or pictorial representation,, a< hitchin; a wagon was responsible fori tho free distribution of the said improperi scurrilous pamphlet or hyJ ; taken part \ in.tho free distribution.thereof,'and thatt the plaintiff had 'been ,guilty. of,"T. mean ■ | and despicable act and was a. liar. ' J 8. The said publication was false and i -1 malicious. . v ' j Plaintiff . j damages. " - . j

The defence w a.-> >J et out as -[• l.Bcfendant admits all the allegations' contained in. paragraphs 1, 2, and 3 of the amended statement ot claim.. 2 As to paragraph 4 of tho amended statement ot claim it Eay» that it has i ne\er suggested and never had any intention ct suggesting tint the plaintiiT, was in anj way responsible for the i c sue ( or publication thereof or wa in any wiy, connected with the distribution of the i pamphlet to the public or otherwise On,' t the contrary, at the fir=t opportunity available to it, namely, in the '.New Zealand Time "of December 1, 1910, it pub- > lished the follow ing statement in tho lead- \ > ing article under the heading, "A poison- ( ous Pamphlet" — i \ "Some one is spending inone} to secure, a circulation which could not have been. , obtained b\ direct sale The officiaU i Opposition "has denied an} A i comection with these dubious methcd-J j and this disclaimer will be accepted as' , onrcaen edl} as it la made, but what the, ' official Opposition cannot deny is that in/ e\cn electorate from the North Cape tot the Bluff supporter , : of their party are 4 s pnttme this printed calnmnj to u«e' . nhich Air Mas"} himself would disdain j to gno countenance to Mr Masse\ and\ ' colleague , ! hive of course more reason to) i be annoyed it this thin w© hive, foW t such tactics ire obvionslv destructive of \ their intention Still the fact cannot bo) disputed nn\ more than cin a second fact' that during the couple of years tlie\ whole force of the Oppo ltion campaigiiJ his been ducctcJ to framing a general} and pirtruhr criticism of the Govern- < ment resting upon -iHegahons and in-. ] nuendoe of di-honc t\, lrauil, and de-j i ccit Ihe couutrj is sicXencd.,of it longrT j a °i \s ta pangraph sof the C amended\ statement ot claim it admit tho printing ; and publishing m the ,r New -Zeahnd, ; Time ' of December J, 1910, of the toon or repie=entation therein lcfeired to, but sure as is herein exprcN>lj admitted it den>e« ill the allegations cout lined in such pira»riph : i As lo pmgnph 6 it deiue that the | said pictcrnl lepre eutihoii ind the : «ord» printed thereon were published ob, ■ anil concerning the plaintiff - , : ■i V> to' paragnph 7of tho amended/ j stitcracnt ot chim it c'enie that it meint_ b\ the "-ii'l cirtoon and «ord-> tint the , plimtiff w,ia re-ron lblo foi the free dis- j tnbution ot, Hio pimphlet or that he had, been guiltj of an} mean or de-picable act i j or tint h« mis a lnr J G Tor a fuithcr defence 't sais thit , the pubhcition ct the «nd cartoon iollowed immediateh upon i di-cussion in \ ! the Hou«c of Reprobcntative and a 1 speech deh\er°d bv the Utorn»)-G«i- ■> eral in the Le?i-lati\e Council upon the < , lcports of Select Committee- =et np to »n-t 1 \e-.tigate certain illegitious rnde b) tjie j lienibei for Stntford, and such eirtoon. j was intended to depict ind condemn thn ■ . pohticikaction* of the politicil pirtj or , member?-of-the politicaL pirt> which in New Zetland wis oi' who weie niakiii?, ind circuliting chirges of impioper conduct igamst tho members of a tormer md of the pie en: Administration 7 The Mid cartoon ind words are fur \ comment inailo in good |tith and without j malice on a mitter of interest J Mr Bell's Opening - { Mr ficll, in opening for the plaintiff, ■ read tho pl-admgs W ibove, ani sa,d that tho juij would -co th"iofrom that the (lcfcndints admitted the pubhcition ot tho c?rtooii,, but -aid that tho figure in it did not represent tho pllintiff, and ; that tho woid*, "Hitch jour wagon to r- % lie,' did iot apph to tho plaintiff If the defendant would pmo that the h"iiro and tho woid did not ipply to ; tho plaintiff, but ipplied to soniebodv , else anil that rcasomble men would s 0 und'ersttnd it, whatever tho intention of ; the caitoon ma} ln\e been—for the intention hid nothing to do with the qnes tion— then the defondint ought to succeed He 'counsel) could hive objected to the quotation in the from which tLe ' lime-" idmi'ted thnt nether i i ■\li Vt n noi the itlicnl Opposition ' had "« tn do «ilh (ho distribntma : of th" pi uplift n« hid not objected,- ■ but lie would isV tin , jurv to note that k was two titer the ' of thit article, and after s O mebo(h hart that a misht be hitched to \ lie, tint tho defendtnt published the cartoon. , - 1 The Cartoon Described Counsel then ciussd comes of-'tho carloon to be nanded to the jurj. Ho asKed them to observe that it comprised .a representation of a cart marked "\\e are the party"—which evidently meant the Opposition Bsrtj , . Seated in the cart

•ft-as nu old woman, intended, ho supposed, ii to represent tho "old-party" of too Up-i--position/though that point did not arise.' V- . Mr,,v Solomon:, lUt-you."suggest that the Opposition party is an old woman? t ' Jir. Dell said ho did not. *• '-}'■■.',; Mr. Solomon: 1 misunderstood you. 1 MrMlell went on to say that tho cart j -was '-loaded up at. tho back with- "Dead ■ : Men's * Characters." That was a nico i" I thing to say. Then thero woro pnekages :■ marked; "I'rivato Calumny," "Eloctrityf-. ing .Apparatus," "Defamation," l .' ''Starts' ling liovelations," and "Scandalmbngcr--s"in}j." In tho front, in. tho lead,,so to s ■-.• apeak)' was a package with tho words \ I'JJamphlets. Free" upon it.. Nobody ,ue- ; nied, or could, deny, that that meant ■ -thit tho person;respinsible for that cart ," was > distributing thoso scurrilous pam-. - phlots rcllecting on Sir Joseph Ward. ■ ■'■ -Mr.-Solomon: You'must'-not say that ■ .nobody denies it. ' . ■ [■■■'. jir. Bell: Ibeg your pardon Then }' that is not admitted. iHo would put it f, to-tho jury, however, to sny what, it |v moant. • It was a nice sort of thing to say I- 'of''anybody that his "-stock-in-trade was >•'•β-hat was represented in tho picture, ine [■ cart was drawn by a donkey, which, ho - eubmitted,. was meant to, represent tho ■National Association, called, sometimes, i "National Ass."' -Whether that wero 50 '°."op*not, thcro was written on "the donkoy , the word "Ananias." Thus, it \ras_sue- ' .Bested,: not' only, that the stock-in-trado ■was such as was shown in tho cart, but r ' that it was dragged about by a liar, and r. : -«"•notorious liar; -.-■•. j . .. I; fi\[ !Dr.' 'Fi'ndlay's Amondment.'. , ' '. '■: '■'•Underneath' this beautiful and humor- ;' ouS, and in e\'ery tense elevating, pic■■■•'•ture, were the words :\"JJitch your wagon K": to'-a star—Kmerson. Hitch your. wagon t to; a lift-Dr. Findlay's amendment.' Dr. fc<Kndlny>was" tho Attorney-General,' and K tho-ilcader of thd Government in - the f Legislative Conncil, aud it would seein 1,1 that ho, in bU high position, had qtoted i'.'lJinerson's wcll-kuowU and .somewhat ab'■6Urd words and had.feuggestcd that the proper emendation, in ,^ certain casestwas '•■ thev'word "lie." .Now,'-thcro<was.,;only ' : on 6 person in the picture who was doing '- thfehitching, and thero, 'was . pnly. ouo ■man'wTio'had the fight'or upon whom de'volvcd; the' duty of hitchinp the Opposi- '•■'•' tion cart, or declaring tho Opposition programme, or driving the Opposition v. wagon, and that man was tho plaintilt. This-was^apart■ altogether."• from the.ques,-, :-•■■ «dn whether, the nguro in the cartoon : difl personally represent. Mr. Massey. If ' .it i-had: been- a- mere.coat and : pair of ': trousers, withinqthing. in-them butt, a 1 -scarecrow, there ' could 'hWeV no ' doubt in the minds of tho jury aud of ■thp , witnesses to bo called by him that .'.that "represented tho man who nlone ! ; 1 itched the wagon of the Oppontion or ' "guide and direct its programme and. ■ etock-in-ttade. But the question did not ■ stop: there.' There was a further mark, "conveyed in tho dclicato. way in which t journalism was now conducted '111 tho 'nigh (lUaiteV; from ■ which .-Itlio ■ : emanated.--/ The™ '•*«? endorsed on tho; ■ teat of thjS- ißguro tho words: "Their idea! 'of-a politician ," meaning tho party's -idea of a politician. Tho jury would ■further observe that tho figure was "drawn 'with- a bald lieiid and scanty straight v hair.' It was a thick-set figure, with a ir Tory thick neck. Now that was, the ? fiirnro which this cartoonist had lnvari"'abjy adopted' to represent Mr. jrassey, , thougk'he hadiuof before represented his, ■'back wholly. The enrtobnisf was in the '■habit of signing his cartoons, but ho did ii'not sign this one.. It could, however, ■bo-proved thatHhis cartoonist, or,, at any. •'Tato that that newspaper had used a i-r figure in profile which was lncontestably "tho same'as tho.ono in. ciuestion.; _Car-. • toons showing- theso figures 'would tbe • pro-. , t : j |lwt( i * -. ,

;vb;' I, :A r Personal Matter.'.. \)'-\ " i This' was an important'' question ber cause he would show that tho defendants ~ -went-out of their way , to say, apart from •the inscription- on tho . scat of v the Creeches: "Wo mean this for.; Mr. .Mas-. r ley." ■ sTet, whether thero was any rer MmUtnce or not,' and ovou if tho'hpre iT had' been without a hcadi it; must- have ("meant aud could only mean Mr. Massey. )■ •' The only possible question ; for tho 'jury, |i would be: Does.not this cartoon, in this } v form convey to -tho minds' of; reasonable I'■',men (whether the paper so intended or 5 not is immaterial) tho allegation that Mr. Massey is;a; liar and thatho.is the per- •'■ Bon who- is engaged in the distribution of these-scurrilous pamphlets?' . ■ • : It was a grave matter, for this was not ;. merely a, political.-,ikit. Hundreds. of V Mich' skits-had , been published relating ,«o Mr. Massey, charging him with all ' eorts of political offences, nnd even political misconduct. •■ - All.-:that >vas .fair ' came, ••• to > be met : with ; counwr-att-acks.. iv, Biit tore was an affair which r excited t indignation from one end of the colony flo tho, other—a pamphlet attacking and \£ vilifying the .Pnme Jlihister was being h widely . circulated. Mr. -Massey formally \ /and srepeatedly deniedV having anything - to do with it, and the defendants accepted his denial, but afterwards ibecause ap- •'■ parently of- some epoch-mating, speech of : the'', Attorney-General,->-'they, deliberately ?rint..and circulate a statement! that Mr. fassey was personally dishonourable and I "personally oil that a, man would be' who 'did such a thing.' They eaidthis of him, I not in\his capacity ns n politician and j public man.' They said that he distribu- '.: ted this vile trash, and was ; responsible {■'•■ for,it.. Could'nnyo'nfi say ith'at a. man .who, j>l.would do such' things''as Mr. Massey I was.thfre oocused of'o4ght\to-:femain in f ..'>'public!(life or <6 associate'.with' honour-. k" ablb' men in'private' lifeP v That was how f Mr.\MsEsey was driven into the Court— !-,•' probably for tho first, time in his,life,in a ■! case of defamation, ■ though'as a public . mau he Lad "no doubt boon' abused as ! much as he deserved' to be, arid probably n great deal more.. This was. beyond anything that the "defence could call fair !■/' comment. ■ • ... '. ■ -.- : • •■Designedilo Influence Readers." j .y-It might be said that nobody would ['' believe ■ such ■of Mr. > Massey, and to'a (large extent / that was true, but tho det'-,-.' fendauts--could not say that: no sensible f. man'would belicvo such statem&nts, bep cause-they-had : thcrasfllves adopted those

ji'.vcry statements. If it wcro to be said [■'; that- the public would not, believe such >' things of Mr. Massey because ho was an ; honest man, it would''follow thaia'plper ;•. could, libel honest men withvimpunity, t but not tho dishonest. The defendants

; could not deny the;ia'avity. of tho charge, \ and the journal was; a-leadinsljournal, ! nnd,'-ho would quite 'Honestly 'add; ah \ ably conducted journal nnd having con- ; siderable influence, and, by its own ac- • count, ft very wide circulation., Such a i statement in such a paper would go far ! and wide anions the people, who'misht j bo . influenced by it. Tuo matter.r'be- |. fore them was a deliberate puLlica- [: tion in a leading / journal, ' niiiV was J, clearly designed to influence Us readers. f Tho meaning of the word "serious" was ; a ; question for the jury, tho question whei ' ther the implication applied to tho plainf tiff was a matter that would havo to be ! proved,by evident, but tho jury would I/:. ' awe to exercise its judgment upon t it.' He" would call somo cf Mr. Mas-

rVwr's'tfrichds, anil other people from [different trades and professions who'.would. \ 6peak to this point. ; I The plaintiff would' be called mainly ' for tho purpose of being cross-examined f by-tho defence. The'defence might say f that other people, not tho plaintiff, hail /■ faken part'in-the-'distribution of tho ',-. pamphlet. That had nothing to do with ','■■■ the case. The question was whether Mr. J , -'. Massey. was the. person indicated in" the f cartoon. t Evidence for Plaintiff. ■''•' " I' V. Kirby, editor*of-the'"Times," was >i called to produce, tho original of the J' cartoon in question,; ,'.' A copy of the "Times" contain- ' ing tho cartoon was subsequently put S in. When asked to agreo to the admisf won of certain other cartoons, Mr. Solo- '>" moil-sold they did not refer to plaintiff, ; : and that all ho admitted was that coun- ; sel proiluced issues of tho "New Zealand 1 Times" in which there wcro certain car- -,"'• toons. There were cartoons issued by '■■'■ defendants during the past'four months : and ho; thought they should all bo put in, nnd not a few selected ones. ; His Honour: You nro in tho best posi-. ' tioh to put those in. 'fhero should bo no j objection to free uso being mado of the ' «neral run of cartoons. ■ Mr. Solomon said jocularly that he i wanted to put in tho really good pictures of Mr. Massey. Mr. Bell suggested nil- tho pictures on tho starboard side. : lie (Mr. Solomon) wanted some on tho port sido also. (Laughter.) The Figure Doing the. Hitching, I 11. I". Yon Ilaast, barrister and solici- ' tor, was asked to look at tho cartoon in ; . question; lie first saw. it in tho "Now Zealand Times" on. December 3, tho day it was published, and ho understood it 1., to nlluf'c to.Mr. Massey,

Mr. Boll: What oro you referring to?— "I am referring to tho liguro doing tho hitching." -

i Mr..licll: And tho cart?—"l took it to bo the wagon belonging to Iho Opposition party.' Mr. Hell:, And tho goods?—"I took them to mean" tho stock-in-trado of tho Oppositibit -party." Mr. Solomon: By tho 'byei" Mr. Von Haast, you have political tendencies yourself rW'I am 'a supporter of tho Opposition.", • "•' ' ' '.'

You afo a pretty strong; follower?— Yes." ■ .!, -;.

Witness, in further cross-examination, admitted that ho had taken tho chair at Mr. Hcrdman's political meetings, and had moved votes .of J thanks and confidenco in' Mr. Herdmnii and tho Opposition party.-. . - Mr. Solomon: You thought tho cartoon meant that the policy of tho'Opposition was made up largely, of scandal, • mudslinging, and waiidal-mohgcri;ig—inquir-ing, into private matter's and profaning dead men's ..characters?—"That is part of what I took tho cartoon to mean."

Did you know that, Dr. Findlay made a speech in tho Upper Honso'about this time?—" Yes, I knew that." ' Mr. Solomon: You know ho said something of.tho samo sort thcro? '. Mr. Bell objected to Mr. Solomon asking what Dr. Findlay had said, but his Honour ■ ruled that anything that would throw light on, tho, siuglo words on tho packages on tho cart in the 'cartoon, was admissible. Evidence could be. given that a certain person or member of the Government tuado a speech on", particular lines about that time. . "•.

Mr. Solomon: Dr. FindlayV'spcecli was pn December. 1, -and this cartoon was published on December 3.—'(Yes." . You'also ".knew 1 that thcro>\was a discussion in tho Lower' House ojx November 30 in regard to the methods/of tho Opposition?— "Yes,, tho tho Opposition wero criticised." :'; v ■ Mr. Hell again objected to the lino of cross-examination, when Mr. Solomon proposed asking a question ;'■', concerning what he had read of. , an. occurrenco in tho 'Legislative Council. . 0, ~.llis. npnour held,that what?was, going oST.'an''-publib' discussion •tiiiidi&Sk''explained to tho jury, and he :k'new of no better way of doing it than bj "referenco to someone who. knew what was going on at tho time. . ■

, JMr. Bell urged.'that if -counsel could proceed 'on- these-' lines it' woulpV mean that Hansard would be evidence. /

His Honour, said the topic of conversation,;'; eVeii! iio> pT'chat' would-be admissible! t *r« W ,, *' *W . A'« liVu

Mr. Solomon i In the course of the discussions in tho Lower House or tho Legislativo Council, can you call to mind any person who suggested any personal impropriety;on Mr. JTassey's part? Yes or No. '

.Witness;''"l am not going to givo a yes or a no to a question which cannot be answered by u 'yes' or 'no.'" ,

J .further, said a he., could not name : any {person who} suggested. Mr. .Massey. k by nanie individually.. 1 . In answer to a further question, witness, said tho cartoon was a representation of what was going on .in .the Upper HouEe and tho Lower' House.; The cartoon had to bo read in connection with thq discussions that wero going on. Solomon: That is exactly our contention.

Mr.. .Solomon to quoto a statement'niado-by Sir Joseph-AVard on tho evening he defended .himself against tho pamphlet in tho House; and in which hoi said. Mr, Massey. was not to, blame, but that certain supporters of his party were using ..tho pamphlet. Counsel was asking witness if ho remembered this, when Mr. - Bell, again: protested against the details of a debate being introduced. ■ ■•' • ■ ■'■ ' ■ '•''"' '.''■• :

His Honour said-it"was necessary,to intrbduco the fact that Sir Joseph Ward had made tho denial. ; > Mr.. Solomon urged that' it was _necw?sary to look at Hie'surrounding circumstances to interpret:-,this ,thing. Mr. Solomon to'witness: It'was pointed out in'the course of that discussion, that iWas'obvious that tho ■ pamphlet was not published for gain, as it was distributed , for. nothiug-7"I think I remember something being said to ,that effect:" You-recollect-that--Mr;' Massey_ took it as a' suggestion that he and his party vtcro responsibloforiitir-'T remember Mr. MiisSy 'tiri'd 'his parfy, dissociating- themselves from it." ! ' , -' Didn't Sir Joseph' Ward and othfei? members of tho (iovernment. party say, that they accepted tho explanation?—"l don't remember that." '•'""■ #'' '

Sir. Solomon:.Will you think again ?— Will you say did not.-• \ Witness: "No." '• Mr. Bell interposed with another objection ns.to .whether Mr.' Solomon should limit' his cross-examination to personal matters'relating to- Sir. Massey, or whether life' could -show that the cartoon was a pictorial representation •of • what liad taken ~place iu Parliament. ■.' His Honour, said the mutter was made public, arid'was read. AVitness was asked to say shortly what.ho'thought. /.' , Mr. Solomon-to witness: Did not those persons who.freely acquitted Mr. Massey of any personal blame suggest that thousands of his supporters were using it for political purposes?—"l'believe-Mr. T. E.' Taylor said' something like that." Mr. Solomon: During your connection with thiscaseas a witness have you not eeen the "New Zealand Times" stato in ■its editorial'columns that it freely.accepted Mr. Maseehs statement that ho was ■not connected witn tho pamphlet? ' Witness said ho had never heard it. Ho '. did' not always eeb tbo ''.'Times." In answer to'a further question witness said • ho took it that when, Dr. Findlay used the words "Hitch your • wagon to a lie" they were used to politicians of tho Opposition sido generally. ; Ito*xaminod by Mr. Bell: 'Ho still believed Mr. Massey was referred toi-. : • , ■■ ' What Mr. M'Kcrrow Thought: " ' V John'C. MTCorrbw,'land-valuer, Wcl'lingtdri, said bo saw the leartqon'when it camo out, and tho impression conveyed to. his -mind that tho central figure was that of Mr. Massey. /'■ Ho observed tho words "pamphlets.; lroe" on tho front of tho wagon. They did not convey any epeciali impression to his mind, or givo him any concern. Ho knew of tho circulation of a Sir Joseph Ward. The cartoon and tho writing suggested to' him that>Mr/Massoy was ''handing all the things in tho cart about. That was all. Ho read'tho words : "Hitch your wagon to a lie," which -convoyed tho; impression that from tho cartoon and (ho .writing Mr. Massey was anything but what ho would, liko him to be.■■'■'•

To Mr. Solomon: He had no doubt whatever, that tho cartoon politics. Ho had seen hundreds of.',th<?fo cartoons in political papers. t He had no doubt that tho cartoon' .meant ,05at tho policy of the Opposition at that.timo.consisted of tho bundles in the van. '.

Mr. Solomon: Tub Dominion flings mud nt the Government does it , not?— Ham not awaro that it does.' I -'would* say it criticises. tho,,Government, f (Laughter.) Mr. Solomon: At any fate,.TnEDoMix-lON-says-the GovcrnmcntJis-not 'what it ought to bo?—" Yes." " -. •

_ CooneclrAiid tire ''Now Zealand , Times" in regard-to the' Oppositio n, says'"You're another." Isn't that so? ' J

Witness: I don't want to say that cither of them say that. '•' After.,' soino hesitation witness asked: Do-you suggest that I eay that tb»y tell lies the ono against tho other ? ' * Mr. Solomon (laughingly):. I "would not like to put itas broad asthnt. You aro one of; those who think The •Dominion does"'noth'iiig' wrthg'.'V ' "' "". Witness: You make, a mistake"' Continuing, witness said in reply to a question that ho was a "New Zealand Times" man. Ho still took tho "Times." Jlr. Solomon: You like to subscribe to a respectable paper which would say, nothing against a respectable person they differ, from, and you differ from "Tho Times".after they published this cartoon. 1 m much obliged. Witness said ho saw plenty to object to in the paper, but ho did not leave off reading it. ,'ih:s cartoon was very different from tho ordinary political cartoon. A General. Impression. Captain William' J. Grey, retired master manner, formerly in chargo of ono of the Government steamers, said ho saw tho cartoon when it carno out. The impression ho formed from tho figure hitching up the wagon'after he looked at it generally all round was that it was meant for Mr. Massey although ho did not know Mr. Massey personally and had not 'seen him with nis coat oil'. The word "pamphlet" on. ono of tho bundles conveyed nothing to him at tho time. Ho saw the words "defamation," "private calumny," and "dead men's character , ' and the figures. . Mr. Solomon pointed out that defendant did not rely on the whole of the

cartoon, but only a particular part set out in tho claim.

Mr. Hell said tho claim alleged' two things "hitching your wagon to a lio" ami the statement' that 31 r. Massoy was ii liar.

ill , . Solomon said Iho allegation iiKituist Iho defendant was explicit and the portion of. tho cartoon was equally explicit nnd that plaintiff could not refer to anything clsq. , ■ • > The Court said Mr. Hell could refer to the other matters in tho wagon'in so fur as they bore on tho pamphlet which was the main matter. The question as put was somewhat wide. Mr. Solomon said plaintiff had s(-t out thnt part of tho cartoon on which he relied, ns a libel. Counsel argued that tho other bundles could not bo used to provo that plaintiff was guilty of something in connection with the pamphlet. Ho could not rely in order to prove libel on something which was in the libel and which had no place in his pleadings. His Honour said it was in evidence and ho could rely on it. . Mr. Solomon asked his Honour to noto his point, viz., that plaintiff could not refer to a part of the cnrtooji which was not relied on in the statement of claim to wove the innuendo. His Honour: I. have made a noto of that. Continuing the cross-examination witness was asked whether the .words "private calumny" and' "defamation" conveyed any impression to his mind. Witness did ( not think so. From the Artist's Viewpoint. William M'Bcath, cleric, said lie had dono a good deal of newspaper work as an artist.' Ho had seen tho cartoon tho morning it was published. He recognised the style, having seen cartoons in tho same paper, of tho same style, apparently by tho samo artist. Ho "was familiar with the work of tho artist. To his mind tho cartoon referred to Mr. Massey , and tho iiguro represented Mr. Mnssey. The label on ono of tho bundles of "pamphlets free" conveyed 'to his mind that in the light of what had just gone before, that it referred to the "Black" pamphlet and that whoever was running the wagon was distributing the pamphlets free.

Did you form any connection with- tho other bundles in the cart and that bundle ?—"Yos-that the pamphlet included defamation, private calumny, and mud." In further examination, witness said ho recognised tho figuro of Mr. Massey from the likeness of previous figures o"f Mr. Massey v 'lich had appeared in tho samo paper, because of tho similarity in style. AVitness was handed a copy of tho ' Row Zealand Times" containing 'cartoons of Mr. Massey, which he compared with.tho cartoon in question. The back of the- neck, tho back of tho head, the ishoulder agreed in a paper dated November 10, 1910. In tho- second paper tho general shnpe of tho back of the head and tho hair in a cartoon , of Mr. Massey wero similar to the figuro in question. The figured in each of the cartoons were likoiMr. Massey, who was.somewhat devoid of hair on the top of his head. In n further paper dated October witness pointed out other points of similarity,in the figure.

To Mr. Blair: Ho had seen a cartoon of tho lato Mr. Goo. Fisher. Ho was always drawn with a bald head. Tho bald head-in tho cartoon was similar, but not liko the ones representing' Mr. Fisher. There was not tho same similarity between the head of Mr. Fisher and Mr. Massoy. Ho had comparpd the artists' cartoons of Sir. Fisher and Massey. In tho Fisher cartoons .tho top of'the head was made sharper.' Ho' had noticed the rather remarkably shaped troussrs ■ tho cartoonist had put on Mr. J. G. W. Aitken. (Laughter.) Tho trousers in the cartoon under'notice wero not typical of those the cartoonist made Mr. Aitkcn wear. These trousers wcro slack.

Mr. Solomon: They are like tho morals of tho Opposition. , (Laughter.) Ho would tako the'cart in tho picturo to bo tho party's cart. The stock in trade of tho party, or- of the miin- driving tho cart could bo taken from tho. picture. Isn't it tho. most probable thing that tho artist may have meant to typify tho Opposition party?—"Mo, I don t think so. • . ■'■...• • \..

Do you suggest that this can possibly refer to Mr. Massey personally,—"l.take it to refer to hini as' tho" Wader."' "•' "

And when it refers to him «9 the Leader it really means tho Opposition .party?—"As I said before it is his stock •in trade, and ho is in charge of the cart.": In reply to a further question, witness said one had to know what was happening in tho' House to get anything out of tho cartoon at all. Ho got tho idea from the cartoon that tho party was distribute inn tho pamphlets free. If tho matter of discussion at tho lime had been' tho taking a load of rubbish to tho destructor would you not havo taken that mtaning from, the cartoon?— "No. It wouW not 'hayo/been'/worth n cartoon." ' '• ! , ~ . Hβ'knew that the.party,had been ac-cused-of-distributing the pamphlets, but did not know. that Mr.- Massey was absolved from all blame. Ho did not read tho whole of. the reports, ne generally looked at tho "Times," but did not remember seeing a leading articlo on tho subject. ..... Ko-examinod by Sir. Gray:. Mr. Gco. Fisher had'been dead for some- years, and Mr. Aitkcn had been out of politics for some time. Neither, of them had over been in charge of tho Oppostion party. John Teasdale King,, clerk in tho Gear Company's employ and formerly a seacaptain, ' said that when he raw the cartoon he took tho. figure for Mr. Massey. Ho could riot put' riny other construction on it. '

. Did. Not Read, Leaders. William Perry, solicitor, Wellington, said that on' seeing ;fho cartoon-on tho morning'of publication, he took t/ho. figure to bo Mr. Massey, because of tho personal resemblance and tho rescmblanco to previous caricatures iu the samo paper. j£o formed tho impression that tho words "Ho" and "Ananias" had some connection with Mr. Massey. The words "Pamphlets,freo" seemed to" him to'mean that Mr. Massey or his party had something to do with the distribution of tho •"Black"" pamphlet. To Mr. Solomon: Ho did not read the leading article of. December 1. ,Ho never read leading articles in tho "Times." Ho. took the paper. Ho had read somewhero that in> tho. House Mr. Massey and .other members-: of - tho Opposition* complaino<l of being accused of complicity in tho matter of the "Black" pamphlet, but ho did not remember' reading that members on tho other sido hnd stated that they did not make such an implication. William Georgetti, farmer, Wanganui, said ho had no doubt tho figure was meant for Mr. Massey, aiid fliat tho cartoon implied that ho was', freely distributing tho pamphlets. Other words implied that' Mr. Massey was a liar. To Mr. Solomon: Ho thought it was niwut a week ago:that ho was asked to Rivo evidence. It may have been Mr. .Martin, tho Opposition organiser, who asked him, but ho could not say. It was either Mr. H. D. Bell or Mr. Martin. Ho did not know where it took place. . •■ . > To Mr. Bell: Ho went to Mr. Bell's office and his evidence was taken down. Mr. Martin was there. "Not so Small as That." William Duncan,' mercer, Wellington, paid he had taken' the cartoon to refer to Mr. Masse.v and to, suggest that he was a liar and' had been distributing tho "Black" pamphlet gratis. To Mr. Solomon: The inscriptions on nil the packages all seemed to refer to XI r. Massey. Did it never occur to you that, they might bo meant to refer to tho Opposition party?—" No." But what then is thn meaning of the words on the wagon,"Wo arc tho party?" —"Perhans it means Mr. Massoy and Ananias. ,, (Laughter.) Counsel: I have heard that it was a very small party, but I never thought it was so small as that. (Laughter.) Political Leanings of a Witness., Stephen Thomas Hunt, carrier, Palmerston North, gave similar evidence as to tho apparent meaning of tho cartoon. Mr. Solomon: llavo you any political leanings? Aro you a supporter of Mr. Massoy?—"l am a supporter of the Opposition." A strong supporter?—"No; not a strong supporter. I go and record my vote." When were you first asked your opinion about tins picture?—"Tho day it reached Palmerslon North." llut you would not read the "Times" or have it in your house?—"l would not." . On account of its political leaning: f— I "Yes,".

If you could givo Iho Opposition party n lift aloiiK tho road you would?—"l'cs.'' Bo you think a verdict for the plaintiff in this ease would help tho Opposition at the noxt election?—"l have neve thought; of that." S

Hut if you dill think it, would you like to help them in that wav?—"l can't say whether I would or not.'

Sir. Hell: Tho suggestion has boon ninilc Hint you gave your evidenco not in the interests of truth, but with mi ulterior object.—"l havo given my evidence on oath mid said what I think is absolutely true."

Trevor Noble Holmden, clerk, gave similar testimony as to his idea of the meaning of the picture , . Cross-examined by Mr. Blair, witness said thnt the words on the cart might be taken lo mean that tho things in the cart wero the stock-in-trade of tho Opposition.

• Doesn't tho cartoon as a whole refer to the Opposition party?— Only by the words: "We are tho party." • If the figure were not Mr. Massey, if it were unrecognisable, would it not refer only to tho party?—"lt would mean that tho person represented was a liar." Evidence of Mr. Frascr, M.P. William I'raser, M.P. for Wnkatipn, said he had been in 'Parliament 17 years and now lived in Wellington. Ho had known Mr. Massey all that' time. Ho read both tho morning papers. The cartoon conveyed to him the impression that it was meant to represent Mr. Mns.=ey. Tho figure resembled that placed for 11 r. Mcsscy in previous cartoons. Ho never doubted that it was meant for him. Tho' figure was evidently in chargo of a- team, which was meant- for the Opposition party, and therefore must be Mr. Massey, finito apart from tho resemblance to the other cartoons.' Coupled with what ho heard in tho debate in the House, tho cartoon seemed to mean that tho Opposition had been responsible for tho dissemination .of the pamphlet, and that Mr!.Massey, as leader, was more responsibln than anybody else. ' MrT Solomon: Quite so. It meaps tho pnrty as a whole, and is a libel on yourself as much as anybody else?—"Oh, no." Witness admitted that somo members of tho Government pnrty during tlio debate exonerated Mr. Massey and the Op-. piK'tion from responsibility in connection with tho pamphlet, also that the loading article of December 1 exonerated them; but this cartoon appeared subsequently, and. actions spoko louder than words. Political Manners, Do you not know. that. Mr. Massey has charged the Government with Tammanyism; and when it w.as pointed out to him that that meant corruption, ho-has said ho would repeatt it on every platform in tho country?—"Ho may have said eo. Similar things have .been said on tho other sido." It is quito common nnd fashionable, is it not, members of Parliament to accuse each' other of saying what is not true?—"lt does happen, but only rarely, and any member who says such a thing is immediately pulled up by tho Speaker." Did not Mr.-Massey say on-a platform the other day that the differenco between the Opposition and tho Government was that the Opposition's policy was nn honest one, and the Government's was not?— "Well, I?m not euro that wouldn't bo correct." (Laughter.) An Immediate Conclusion. .Tames Pearson Blacklock, manager for Hirst nnd Co., Raiwarra, said he saw the cartoon when it caino out, «and immediately took it to bo Mr. Massey. Ho had seen previous cartoons before and knew Mr. Mnssey by sight. Ho took it as referring to a discussion Mn tho Houso of a few days before, and also took it to mean that Mr. Massoy was distributing the pamphlet, free.- Ho nlso gathered that Mr. 'Massey,was a liar. . . To Mr. Solomon: He was not altogether a supporter of the Government. He always voted for tho best man. ,At present he was a supporter of tho Opposition sido of tho House. .- Only.'; One Idea.' ' '. _,' ,[

Hector Norman M'Lcod, land' and estate agent, Wellington, saw the cartoon in question. Ho took tho figuro to represent tho Lender of tho Opposition, 1 ns ho had seen previous cartoons, and because of the resemblance. Ho had heard of tho ''Black pamphlet, and tho word "pamphlet in the cartoon conveyed tho ono idea that tho well-known pamphlet circulated was referred to. "Tho suggestion in tho cartoon to ,lnm was that tho pamphlets wero being distributed by tho Opposition party. Ho, also, saw tho words Mitch your wagon to a lie." The conclusion, to his mind, was that it could only Ixi tho Lender of tho Opposition; . Robert B. , Williams, barrister and solicitor, Wellington, and- formerly Mayor of Onslow, said. ho saw tho cartoon tho day it camo out in tho paper. Ho took the central'figure to represent Mr. Mas«ey, whom ho'had seen cartooned before. He'had no doubt in his own mind. Ho saw tho words "pamphlets free" on a bundle in the-'cart.'This'conveyed to him that Mr. Mnssey was carrying oricarting tho pamphlets free, and that it referred to tho "Black" pamphlet. Tho words 'Ananias""and "Hitch your wagon to a ho he took to mean that Mr. Mas«cy wns a liar. • • • ' ■ The. Political Platform. : To Mr. Blair: Ho stood for Parliament as nn opponent of the present Government. He had charged. tho Government with wasting tho public money, etc. Ho thought it wns true, and he said it. ][« spoko very frankly and candidly of tho policy of tho Governme,nt, and,would not object to thoot'ier candidates speaking equally frank and candid as to.the policy of tho Opposition. ,■■■■ Mr. Bell: Do you consider this (Iho cartoon) frank ' and fair ?—"No." ■At this 'stago' Mr. Bell intimated that ho had only ono short witness to call, nnd then Mr. Masscy, who would bo tho Inst witness. In order that Mr. Solomon's cross-examination of Mr. might not bo .interrupted by an adjournment lie suggested that tho Court"should adjourn then (4.30 p.m.) until 10 o'clock this morning. This course was agreed to.