SINGER & THE CRITIC

Dominion, Volume 6, Issue 1833, 21 August 1913, Page 8

SINGER & THE CRITIC

£501 DAMAGES CLAIMED. LIBEL SUIT BY MR. J. FULLER. ETHICS OF CRITICISM. (By Telegraph—Preea Association.) Auckland, Ai gust 20. An action for alleged libel was brought to-day by John Fuller,' sen., ol' the firm of Fuller and Sous, against "The Triad" newspaper, the claim being for X'sol as camagey. The ease was heard before Sir. Justice Edwards and a special jury of twelve, at the Supreme Court. Mr. W. C. M'Gregor appeared for plaintiff, and Sir John i'iudlay, K.C., wilt him Mr. 1(. A. Singer, for defendant. Sir. M'Gregor pointed out the libel complained of as contained in "The Triad" of March 10, 1913, in which it was said of the plaintiff: "The fa:t of the matter is that while John had a shrill <i«d tuneful enough little pipe years ago. it is now not much more musical tlLan a pig's whistle. He never was a singer of any special merit, beoauso his voice was never properly trained, and he never knew just what to do. with it." It was complained also that tho paragraph imputed managerial meanness to plaintiff, the vouchidii'g words lwing: "His elcss-fistcd-ness doesn't matter, because that i.s, after all, his own affair, but, ah, if somebody could only persuade him not, to sing any more." There were many expressions of amusement in court.du,ring the progress of tho case. NegotiatiDiu Prior to the Case. Counsel dwilt with the incidents which had marked the progress of the procecdiegs. First a letter was sent to 3lr. Daeyertz complaining of "tfte grossly scurrilous and libellous article." This was orosssd by an explanatory one from the former to the cfiect that ho was not reepoiwible for tho criticism, and that it got in without 'his knowledge. Ho offered to mako whet amends lie personally could. 'Sulr-frpH'iitly an. interview took place in Wellington betivcon plaintiff and defendant, and the labtar declared that he had no intention of ottc-riiw any apology. Tho action was then proceeded vith. It would be shown, suid -:ouns2l, that the article did not 00-tfai l comrnent, but statements of fact, and, as such, was not trite. Plain- . lift had far ;iiany years been a successful concert singer, and he claimed th.it his voi'-c now, win as wed as it ever had been, In fact, he had_ recently toured Australia, singing at-various places, and had, in recent months, assisted the Auckland Choral Society, with oratorios giving no fewer than ten items in one night.

Mr. Fuller in the Box. 1 Plaintiff gave evidenco illustrative of his career as a vocalist, and describing his recent tour in Australia. Witness ex-, plained what occurred in the interview between Baeyertz and himself in Wellington in April, and plaintiff then had said that his attitude would depend on an apology in "Tho Triad." Baeyertz replied in a very precise manner; "There will bo no apology," and the action for damages followed.' Mr. M'Gregor: How does your singing compare now with earlier times? Witness; Much better. Sir John Findlay: Will this articlo injure you in professional engagements?— "Certainly. To tell tho public that my voice is like a pig's whistle will injure me. t Sir John Findlay: To write in a bantering toue? Plaintiff (indignantly); Bantering! .bantering! It is the most malicious I have ever read in my life! .Sir John Findlay; Well, you aro tho most sensitive musician 1 have ever met llis Honour;,Do you suggest that you lose anything at all by reason of tho publication ? Plaintiff; If the article has been widely read, certainly. Passage Between Judge and Plaintiff. His Honour: You' have l>een singing at your own theatres for five or ten years, and do you say that your engagements will suffer? . Plaintiff!. What I suggest, your Honour — His Honour: Answer tho question. Do vou suggest that your eucagemeuts will be affected?

Plaintiff: If I had no theatres no manager would engage me'after reading that article.

His Honour: You are not answering tho question, sir, and have gone very near contempt of Court.. . You must answer questions when I command. However, you refuse to answer, and 1 will leave the jury to draw their own inference. The question was repeated, and plaintiff then said that the view which he took was, that if he was bankrupt tomorrow, his voico would not now be an asset. He denied that his voice was thin and nasal, and that his production was bad. "It comcs out very casiljj" he declared. of "Pig's Whistle." Sir John Fimllay: Like the song of a biul? Plaintiff: Yes, like the song of a bird. .Sir John Fimllay: It' anyone said that your voice was thin and nasal, how would you prove that it was not? Plaintiff: 1 would sing to him. (Laughter.) , Sir John Fimllay: Do you know what a pig's whistle is?' Plaintiff: It is very objectionable. - Sir John Findhy: Do J - ou know that the dictionary meaning is'"low whisper"? Plaintiff: L dj not, and I,won't admit that the author is right. ' Sir John Fimllay: You should look up tho meaning of the word before claiming .£5Ol ■ damages. Replying to further questions plaintiff intended that the article objected to was not criticism, but merely abuse. It was a reference to comment in another paper for the purpose of bringing in plaintiff's name. Experts Not to be Called. When the cross-examination of plaintiff had concluded, Mr. M'Gregor proceeded t; call expert evidence as to tho quality of plaintiff's voice. This was ruled out on Sir John Findlay objecting, the ground for disallowing this evidence being virtually that exports could be got in equal numbers to pronounco an opinion either way. In. oonsequence of this ruling no more witnesses were called: for plaintiff. No evidence was called for the defence.

The Finding. At the Judge's direction the claim was amended so that half of the damages was claimed, ill respect of each imputation complained of. His Honour, summing up, said that the first statement complained of was no libel, and secondly tho implied "managerial meanness" was fair comment.

After a retirement of 20 minutes the Jury found for defendant 1.11 both issues, judgment being entered accordingly with costs.

The great Maori war canoe, Temata-hotu-roa (writes a contributor to the Fcilding "Star" from Wanganui), has seen many changes since the days when, laden with three hundred dusky warriors, she was paddled swiftly down the Wanganui River to bear her part in the fray. Bullet marks in her timbers are a grim memento of her past, when many, a gallant Maori met his death. Hewn and burnt out of a solid totara tree, 75 feet long by sft. Gin. in her widest part, she is a monument to the untiring industry of 'her makers—the "Typo" curved deeply on her prow would'seem un antidote to the insidious poison of time, for it is believed to be over one hundred years since Tematahoturoa's sides were first lapped by the waters of the beautiful river from which the town of Wanganui takes its name. To-day she contributes lier quota to the peace "and welfare of the Dominion—in lieu of dusky warriors she conveys in the season lends of sixteen bales of wool, and at other times cargoes of flax and other products, lo the ever-increasing markets of New Zealand. In the near future it is proposed lo s-ljill further increase her Ivy installing a tirstcl;\ts oil engine.

Mr. W. A. Bcddoo, the Caiiculiaii Trade Cnmmiiiioner, who addressed a meeting of the Musterton Farmers' Union last niuht, nnd i* to sneak at Fes.thorst.nii to-doy, "'ill Hi»|t Wolllugloa boloro returning to Auck.laud,