SPEECHES BY COUNSEL.

Dominion, Volume 4, Issue 1126, 13 May 1911, Page 6

SPEECHES BY COUNSEL.

JURY'S VERDICT DISCUSSED. The motion for a new trial of tho libel'action, William Ferguson Massey v. tlie "New Zealand Times" Company, Ltd.y; was heard by the Chief Justice' (Sir ! ; Robert Stout) and Mr, Justice Chapman yesterday. The case' (which was tried by Mr. Justico Chapman and a common jury last j''ebr\iary) arose, out of a cartoon published in tho "New Zealand Times" on December 3, 1910, and described in the statement of claim as a "Pictorial representation •of a cart led by a donkey, with tho name 'Ananias' printed thereon, antl driven or controlled by plaintiff;,, and in the said cart there was depicted' a bundle .of pamphlets, books, or papers, with tho words, 'Pamphlets free,' printed thereon, . ant] underneath the cartoon or pictorial representation were the words, 'Hitch your wagon to a lie. , " Tlio plaintiff claimed £2000 damages. lasted two days, and the Judgq, at tho conclusion of his sum-ming-up, put the following issues to the jury:— (1) Whether Mr. Massey was dcscr,ihed iir the cartoon. (2) Whether tho cartoon imputed to :him tliat ho had been, despite his disclaimer, connected with tho distribution . of this scurrilous ■■ pamphlet. , '■. (3) If they. found that plaintiff had made out his cass, whether ho ■was entitled to damages on one or other of these charges. ■ - ■ The "scurrilous pamphlet" referred to above, and frequently during the hearing/was that known'as the "Black" pamphlet. Tho jury returned the fol-lowing-verdict:— . (1) Wo aro of opinion that the ■' figure ■represents Mr. Maseoy. (2) 'Wo are of opinion that this is a political, cartoon pure, and simple, and/is .not libellous,' ■ -. ' . His Hononr on this finding directed a verdict for the defendant, and entered judgment accordingly. Grounds of tha Application. Plaintiff's • counsel then gave notice to move that the verdict and judgment bo set aside, and a new trial had between the parties, upon the grounds: (1) That the special verdict or finding of tho jury is so defective that judgment cannot be given upon it. (2) That tho learned Judge misdirected tho jury in tho following matters:— ■■■■•' (a) By directing them that they . might disregard the ovidenco of tire witnesses'as to the •interpretation . of such witnesses of tho cartoon arid words which form,tho alleged ■ libel. ■ . :■:• ■ V: ■ .■ • _ (b) By directing them that oven if'they, found th'atitlio. plaintiff was represented by the figure hitching the wagon they might find that tho cartoon and words wero a mere political skit, and therefore did not attribute personal misconduct to tho plaintiff. (c) By directing them that their special finding was,ajv,erdict for the dcfehclftnt. company; and that they ■ upon such special finding should , give, their: verdict for tho. defendant company. ..■;,-.■.. (3) That the verdict was against'the weight of evidence; ■■•■'.' .'•■■•■ ' (4) That the finding of tho'jury is not a verdict for the defendant company. ■ -.....' (5) That the learned Judge admitted improper evidence to which the plaintiff objected distinctly at tho trial,, namely evidence of the memory of witnesses of reports of what was said by members of Parliament iii a debate in the House of Representatives on' the 30th day of November," 1910, and in a debato in the Legislative Council on the. Ist day of .December, 1910. At the hearing of the above motion yesterday, Mr. H. D, Bell, K.C., with him Mr. A. Gray and Mr. G. H. Fell, appeared.for the plaintiff, and Mr. S. Solomon, K.C., with him Mr. A. W. Blair, for the defendants. "Epoch-making Speech." Mr. Bell; in tho course of an address dealing at considerable length with the several grounds of his motion, alluded to an article in which the "Times" of December 1 had accepted the Opposition's denial of complicity in the circulation of the "Black" pamphlet. Mr. Solomon: The argument of Mr. Bell was' that tho article had been written on December 1, and that tho law'of , 'libel was altered, and-then the defendant.'newspaper altered its tune. MK;'Bell:,.l never said anything so ridiculous. The Chief Justice: Was the law altered? ...•.-,.,.' . — ■ '. Ah , .. Bell :•- It was proposed to alter it, in ,V speech of Dr. Findlay's. Mr. Justice Chapman: And the cartoon was said to be an illustration of that speech, which you alluded to as an epoch-making speech. Mr. -Solomon: Which was said to bo a sneer. • ' Mr..Bell: Of course, tho speech of Dr. Findlay had nothing to do with tho debato in tho House of Representatives which took placo long before. After reviewing th-j evidence for the plaintiff (which was to the effect that "pamphlets free" referred to tho "Black" pamphlet, and that Mr. Massey was represented as hitching his wagon .to a lie), Mr. Bell remarked: "No evidence.was called for tho defence, and my learned, friend had tho advantage of haying no reply to his admirable speech."