ALLEGED LIBEL.

Dominion, Volume 7, Issue 2001, 7 March 1914, Page 3

ALLEGED LIBEL.

TIMES V, ■ DOMINION. I (STRIKE CONTROVERSIES RECALLED.

An action for £3000 damages for alleged libel between the "New Zealand Times" Company, Limited, ' plaintiffs, and the Wellington Publishing . Company, Limited (owners of Tnr. Dominion newspaper), defendants,' was' commenced in'.tno Supreme.Court yesterday- before, his Honour-Mr. Justice Hosking. Tho case was not completed when the Court rose for the day. Neither party called evidence... Counsel concluded their addresses yesterday-afternoon,'and 'this morning hi 3 Honour will direct the jury.

Mr. C. P. Skerrett, K.C., with Sir John Findlay, K. 0.„ and Mr. 0. E. Stout, appeared for plaintiffs,;and Mr. C.'.-B. Morison, K.O, with Mr. M. Myers and Mr. T. • 0. A. Hislop, for the defendants;

, STATEMENT OF CLAIM. The first three paragraphs o?tlie state: meht of clain set .out merely formal admitted facts. Following woro the material paragraphs in the claim:— ' 4. Tne said United Federation tf Labour seeks to advance the interests of its members by .'bringing into law or practice extreme revolutionary doctrines, and in carrying put this purpose is commonly and publicly reputed, and its leaders are commonly ( and publicly lepnitedjto urge-its members to employ seditious, anarchical, riotous, and other dishonourable methods.

5. defendant company, through its newspaper, has repeatedly represented to . tlio public in tlio editorial column of the paper that the purposes and methods.of the said United' Federation of Labour'were those set out in the last preceding paragraph, and has, moreover, repeatedly represented and declared that_ such methods were disgraceful and criminal. 6. On or about, October 22, 1913, a Btribe of the members, .of the Waterside Workers' Union took ; placo at Wellington, and after this "strike had continued for a brief space its conduct was Iw'nded over to' the''United Federation jf Labour, which body,"in the belief that ;t would thereby'forDe; a'settlement of ;he strike, called;,out ; 'on striko. the nombers of : a'large" number .of the unons within the. Federation; and'by this neans a most'disastrous dislocation and nterruption of ithe V.industries.V trade, md commerce of.-New.' Zealand...ftoolc luce. ■.;•'■■■> : ' "■■'■'■''

7'.' In tlie carlvv'stagGS.of .the:;S.trib . the'.leaders of tte United •■Federation o Labour emplovedin''addressing l rnember! of the Federation in public violent anc seditions language, calculated to caus« riot, lawlessness, and physical injury tc persons and'property, and during such early stages of the strike scenes.of violence, riot, and physical, injury ..to Person's and property.took placo in tho city of Wellington.'',, " '''"'. ''""". '"' %'/ The I, irfik© B! «H« •'its''consefluenoes caused great loss and damage to (inter nlisrt those carrying on.businesst.in.yEllington and the surrounding districts. These persons.inconsequence, were,, and, continue tA bo, much embittered "gainst the''said United Federation of Labour, its leaders., and anv'newspapers encouraging or reputed to bo encouraging the gF..:!—„ „„,] t>oi r T,. P t,h<vls. . 9. On December 11, 1913, the defendant.' company in its newspaper, (Tms-'DojirNins. falsely ■ and maliciously printed and published % its leading columns an article in the words of and in respect of ,th'n plaintiff company in the way of its' l business :— "Tho inventive genius of our • morning, contemporary is. haying ;.. a very busrtirno just now, drawing on his imagination for: -ETounds ; oh which to.attach/its .political,.'option: cuts. 'InV yesterdav's/.'issue ■'. that veracious organ of..'th"e browing'industry gave up'-quite'a'ilot'of.'its spacp to venomous comments on its own distorted version, of current happenings, and no doubt found therein some Telicf for its own troubles and misgivinirs concerning the future. It is a little foolish of that decadent mouthnieoe of a decn'vine cause to so plainly disclose its sympathies with the Red Federation if it renllv wishes to help Sir Joseph Ward.' The great bulk of the people have seen ewctly wh"t the E-°d Federation stands for. and wlion the official mouthpiece of "\Vnrdism, which has on every pns- • siliio occasion insidiously cncwaowl the strikers in the present.industrial, crisis' openly urges that the Liberals of LytMton should throw in tlieir lot with the Poeialist-Af*>rchist organisation in to grn'tifv the srileen of their leaders and defeat the Ministerialist candidates, it is not calculated, to" do either the Liberal party or the' New 7,<<nhv<l Times' muo.li pood with tlv business people- of tho-communitv. Of course, it.is gonerally recognised here that our morning 'contemporary has few ' scruples wliere it desires to give rein to its malignant hatred of the Government, but._ it -will

find it a 'little difficult to convince the public of "Wellington, at least, that a journal which advocates tho encouVacfomont and support of the-Red Federation and its lenders and ruinous methods in preference to a Government which, whatever its. faults,','has honestly and firmly carried, out; its duty to tho public, is.'desTvinH of either credence or respect.'.''Perhaps Sir Joseph Ward and his friends will now see thni they should disown the Bed Federation to which their official moutlimece has already committed itself."

10. The defendant company thereby meant' that the ' 'Now' Zealand' Times" newspaper on every possiblo occasion advocated the' encouragement and support of ~. the A doctrines of they ' 'said' United' Federation of < Labour and its leaders described in paragraphs 4 and 6. hereof, and thereby encouraged riot, lawlessness, and crime; and that consequently the, policy of the -"New Zealand Times" was injurious to peace, order,, and public safety, and to-the best interests of the community and especially of those carrying on ' business in and around the City -of "Wellington. ■';• 11. Tiio plaintiff company has thereby been greatly injured in its business, credit,"'and'reputation. On these grounds, tho plaintiff company claimed £3000 damages.

THE DEFENCE. Tho defendant company in -their statement of defence denied the allegations in Paragraph 5 of ; the : statement of claim, and admitted ; those in Paragraphs 6, 7, and 8, with reservations.

Following were the material paragraphs in tho statement of defence:— ' 8. Tho defendant company admits tho publication of the nowspaper article or words sot in Paragraph 9-of tho statement of claim, but denies that the said words were printed and published of and in respect of the plaintiff, company, in

the way of its business or otherwise howsoever.

9, The said words do not bear the meanings alleged by tho plaintiff in Paragraph 10 of the statement, of claim, and are incapable of tho said alleged mean-, ings or any other defamatory meaning, and the defendant further says that the. words of the 'said' article either with or without tho said alleged meanings are no libel.

10. The defendant denies the allegations contained-in Paragraph 11 of the statement of claim. - >'■ _ • And for a further defenco to the plaintiffs' cause of action, the defendant company says:— 13. From about October 22, 1913, until; after -tho publication!of tho words complained of a largo number of workmen, in Wellington city and elsewhere were in a state commonly known ss being out on strike. 14. During the'period aforesaid serious riots, and breaches of the peace occurred in Wellington and elsewhere; in the Dominion, and divers persons, being • tho leaders of, or persons connected with, tho said Federation, had by inflammatory speeches and addresses at meetings of tho workmen held in Wellington and elscvhore incited the workmen to do acts of violence and other thmgs contrary to good order and government, and by reason of such inflammatory ' speeches and addresses many persons who "had no direct concern in tne questions which wero at issue be-' tween tho workmen on strike and their late eniployei-3, were seriously and prejudicially attected in tho course of their respective businesses. Id. It'was desirable in tho interests of tho community, generally that the strike should be terminated, and that normal business conditions should bo restored as soon as possible. 16. During the period aforesaid various proposals and suggestions were from.time to time inauo and published in the newspapers -.on the question ■ of bringing the 6trike to'an. end, and the best mode'-of terminating.tho same in the public'interest-.' 17. While r -tho strike •'was in progress and at the time when the words complained of by the plaintiff were written and published thero was pending in tho Lyttekon' electorate, an. election for member to- represent that constituency in Parliament. ,

18.. One of'the -. candidates at.the election was reputed 't<v bo "pledged to constitutional government and the maintenance of law and order, another of tho candidates" wasicputed to be standing in tho interests ot the Federation and its leaders, and was in fact being actively supported by tho loaders of'tho.Federation.

19. The "New Zealand Times," the plaintiffs' newspaper, froin..time.,,to.. time; ccirimented in its' pleading' columns 'And. -'otherwise ujionjgtstyjy6i\&i&g#sfyS!\iin, and j 20. Tho ,^eA^'2eala'u"d'•^;Tlm, also' had from time'.to 1 time' during : tho-.cur-rency of the strike-arid prior to Decein.berll, 19l3,:,pu'biislied in its.Ueading columns and otliefiwso .'articles,' reports, aud comments upon the said strike and matters relating thoreto. 20. Tho matters'alleged in the statement of claim, to tho extent to which the same aro hereinbefore admitted, tho strike and all matters arising thereout or relating thereto, the election and all tho matters set out or referred to in paragraphs 13 to 19 (both inclusive) hereof, and the attitude of the "New Zealand Timoß" and the tendency of matters published therein, and in every other newspaper towards the said matters, and each and every of the matters aforesaid, wore all on December 11, 1913, matron of general public interest and concern in Wellington and elsewhere in New Zealand. 21. Tho article complained of is fair comment, written in good faith and without malice, upon the aforesaid matters of public interests

The Jury. Both sides exhausted their right to six challenges each before the jury was selected. The jury which tried the caso was as under:—Thomas Taylor (foreman), Samuel Waters, Archibald Butters, Joseph A. Dewhurst, Richard Thomas Bickerton, Horace Reynolds, John Evans, Joseph Thomas Lynan, Walter Russell, Walter Cotton, Harry Rahson, and Robert Edwin Manley. CASE FOR PLAINTIFFS.

SIR JOHN FINDLAY'S 'ADDRESS. Sir John Findlay, opening the case for tho plaintiffs, said it' was .happily rare in Now Zealand that a-daily nowspaper.had to vindicate its : character by mean's-of an action for libel- in, our Courts of Justice. Wcweie pfoud in this country that journalism-as a.rule was conducted upon lines in consistency with tho best traditions of British journalism, and consequently ' it was very unusual indeed that a newspaper was forced iiito a Court of law to vindicate its character and protect itself against damaging imputations. Now they all know that those who ventured into public print, those who criticised others challenged criticism in return. No man who appealed to tho public should feel thin-skinned if-he was told that his ideas' wore' nonsense,._ that •' they were rubbish, and that'he did. not know what ho was;talking about.-. Scathing criticism of! ideas,' denunciation;of .a man's views, were perfectly fair and permissible. But there was a very definite line; one might condemn a man's views as strongly as might he, but one njust not hit below'the bolt. So, while thero was permitted to .journals, and public men and to everybody tho freest use of criticism, they wero' rigidly required to refrain from attacking the respect, reputation, and: character, of thoso whose views they were assailing. A newspaper, just like a private person, was bound to protect its reputation. It was just as essential to _the successful carrvhig on of a largo daily paper that it should have in tho estimate of the community a reputation for honestv. decenov, and for a proner regard for law and order as it was that any public or private mnn 'should hnve that reputation.' It'would, .of course, he scan'dnloiis if a newspaper; .o>\'anv other commercial enterprise could bo assailed bv a libel so gross that it was greatly injured or even ruined without oven a right to go to a Court of Justice and to a British jury and have tho damages suffered assessed and an order made for them.

Rival Newspapers, Shortly the. circumstances tho jury would bo required to try would concorn the two morning papers of Wellington, the "New Zealand Times," who wero plaintiffs in tho action, and The Dominion, who wero defendants. These papers woro on different sides of politics, and they wore rivals scolnng to ;?ot as much advertisement as they could. And it must bo admitted that if one wanted, the character of one of

them ono would not bo well advised to go to tho other for it. Thero had been a good deal of sparring criticism and denunciation of each other by these two papers. That did nobody much harm. But the jury would observe that wherethero wero two papers only there must naturally bo rivalry and competition between thorn which made it very essential that neither by unfair means should attempt to injure or damage the other. It would be clear that if the "New Zealand Times" could bo crushed by a base libel and the path left clear for "the remaining daily, there would not bo one shareholder of I'iie Dominion who would break his heart. Or if the "Now Zcalandd Times" should bo seriously injured, either in advertising or circulation, it would be apparent that The Dominion would benefit. He would invito tho jury to Cud in the attack made on this paper a motive' of undisguised selfishness, a motive to injure tho "New Zealand Timc3" by reducing its advertising and' circulation, a motivo malicious made on the paper for the purposo of damaging it, and to find that this attack was not comment on a matter of public interest.

Circumstances of tho strike. He referred to the recent Waterside Workers' strike. The jury would remember the paralysis of trade here, the ruinous loss inflicted on business people, the inconvenience to the public, and tho great loss to tho community caused by that strike. They would remember the bitterness engendered not oi.'ly between employer and employee, but among workers themselves—between those called Arbitrationists and thoso on strike. The jury would remember that there arose in this city—happily a raro thing —a condition of riot and disorder, and even bloodshed, inflaming'men's minds, inciting rancour and bitterness throughout tho community. So far did this extend that a 6tranger landing on these would:'havo assumed that we were in a state of civil war. In the midst of this' riot, denunciation, abuse, and recrimination filled the air, and tho objectivo of much of it was the United Federation of' Labour, known by the 6hort title of the.Red Federation. That federation'..was properly denounced for violence and methods connected with the strike. The Dominion newspaper, which, had a ■ magnificent faculty for vitriolic invective, surpassed itself in tho-vicioiisness with which it attacked the Federation of Labour. It painted tho Federation in the reddest of red hues. It told the publio that its methods were methods of riot, of anarchy, the methods of tho revolver, methods of murder. Nothing was too strong, nothing' too bad. Nothing too violent for this paper in denouncing the Federation of Labour. This was common ground. That The '.Dominion . did 60 paint the methods of tho Federation was admitted by their pleadings. Thk •Dominion newspaper v had repeatedly declared that tho mothods of tho Federation'of Labour were disgraceful, were criminal, were anarchical, rictous, and dishonourable. This was admitted.

Charge Against the "Times." Then, having educated the puWit mind up to a proper appreciation of the criminality and dishonourableness of tho lied Federation's methods, and having; inliamcd tho public mind against the lied Federation, what did The Dominion do? • It turned round and charged the "New Zealand Times'*.with advocating, encouraging, and supporting the Federation, its leaders, and its ruinous methods. . Having thrown* all the mud it was possible to throw at the lied Federation—and admittedly it had. told, much truth about the Federation of Labour —it turned round and alleged against its rival: "You are allied •with this Federation; you sympathise ! with it; you advocato its-.methods; you .support;it; you 'have committed your--1 seIV4S??.!"| V -lf a hiari'Svere-J depicted c as■ a 1 'r6g'uc'," : 'a thief, "a' blackguard,''and'a' murderer, and another man were ■charged with -encouraging that rogue, thief,, and blackguard, thou a very serious imputation was cast upon -that man's character. A man who. assisted iend supported in a courso ;of- criminal conduct was himself' held' ■at law to be an accessory to crimo, and '.was liablo to be put in prison. And if ia paper lent itself to such methods then it was a disgrace to British joum.alism, and the editor of it, if ho had his deserts, should bo in gaol.

The Alleged Libel. Coming to the alleged libel, it was" a sample—just a sample—of the journalism which adorned the columns of The Dominion newspapor. In paragraph •10 of the statement of claim the wholo libel was set'out. In the words: "It is not calculated to do either the Liberal party or the 'New Zealand Times' much good with the business people of the community," the delicate suggestion was thrown out that the advertising public should boycott tho "New Zealand Times." Again, the plaintiffs specially complained of tho sentence, "Perhaps Sir Joseph Ward and his, : friends will now .. see that they should disown tho •lied Federation, to which their official mouthpiece has already committed itself." Tho meaning of this was quite plain. Tke'Domikion admitted that from time to timo it had represented what the methods of the Federation wore. Having educated the public as to what thoso methods were, it turned round and charged tho "Now Zealand Times" with having advocated and encouraged these very • methods." After quoting some examples of what The Dominion- had said about the Federation of Labour, he went-on to say that The Dominion had practically charged the Federation with nearly every crime that could be found in the criminal code. A daily newspaper that could bo guilty of encouraging methods such as thoso alleged would receive tho contempt of every honest man, and the editor of the journal would deserve to have the criminal law applied to him. ' A moro serious charge could scarcely he'made against a paper whose duty it was to advocate law and_ order, and to avoid inflaming the passions of iy>»"i. nn'l *<\ maintain that subjects under tho British flag. wore bound in justice and in .law to respect the rights of others.

"Plain Language" The language of tho alleged libsl was so plain that the plaintiff did not need to allege innuendo. If the words in their ordinary acceptation had a plain meaning, it was not -necessary to say that they had tliat particular meaning. It was sufficient for the plaintiff to say: "These are tho words used, and they mean what they say."

Quoting "Dominion" Leaders. Counsel went on to say that if tho jury found that tho words had a libellous ■ meaning -that was sufficient to 'allow • the plaintiffs to succeed. The jury could, of course, go further. To impress upon, the jury the seriousness 'of the allegations made against tho "New Zealand Times," counsel said ho ivould read some samples of Tue Dominion's declarations against the Red Federation methods. He then, read from tho following editorial, which appeared in The Dominion of February 1, i9i3:— •;;■.■

"The proceedings in the Prime, Minister's office yesterday, when a deputation froin the Federation of Labour waited on Mr. Massoy, recalls very gratefully to our memory a deputation to Mr. A. M. Myers nearly a year ago. On that occasion Mr. Myers ' broke _ sharply with tho traditional suavity "and submissh-eness with which opportunist Ministers had received uepu- , tations, especially deputations coming (usually" without any real warrant) in the namo of Labour. Ho was asked in effect to betray tho defenco system, and ho refused with' a very stiff backbone, amidst a general applause in which we were grateful to have tho opportunity of, assisting. Yestorday Mr. Massey

was faced with a not dissimilar task. Ho was faced'by a deputation of Labour bosses who imagined they could rush him. They appear to Jiave thought that the Prime Minister couid be bntlied; 'they had indeed beojj led by their ■ foolish newspaper allies to" imagine that he did not daro to meet them, and had indeed made arrangements to avoid them. They learned yesterday that Mr. Massoy cannot kh bullied, that ho cannot bo forced to turn tho Primo Minister's room into a theatre for the unhandsome rhetoric that is so easy at- a street corner or in tho columns of the AlltiHeforin Press, aiid that he keeps his head and his temper hi most atmospheres. The deputation represented itself as speaking foT Jill tho trades unions in New Zealand, hut it was finally forced to confess that it spoke only for the Federation Conference, which is to say for those Labour bosses who-haye their own reasons for opposing tho Government. The deputatian'a attack upon tho Government's administration of the Arbitration Act and upon the Act itself wo shall deal with on another occasion, but tho chief concern of the Federationista was to creato the Impression that tho Government had invented afpecial law, and proceeded to put* it into, action with tho abject of crucifying' tho quiet and peaceful men who at Waihi and Waiktno did nothing except terrorise men and women,-hunt cripples, and use revolvers and gelignite against those who could not otherwise bo persuaded to support the Federation."'

Further Editorials. J n TnE Dominion of,-February 19, 1913. the following (which Sir Mi-u i'mdJay read) was published;— "The aftermath of the imprisonment of the American 'Labour' leaders, who were convicted in Indianapolis a couple of months ago of complicity in the long series of dynamite outrages by fie American Federation of Labour, Js full of interest to New Zealand. The New Zealand Federation of Labour s after its excursion into the policy of revolvers N and gelignite, drew back for a moment in alarm at the horror and indignation which it had aroused in the minds of everybody, but the spokesmen of the Federation ■ have regained theji* courage, and are quite boldly assigning guilt to those who opposo tho weapons of anarchy and murder."

He then road the following passage from The Dominion ©f October 27 :— "The great bulk of the supporters of the Labour movement in New • • Zealand, wo have bo doubt, condemn the conduct of the Waterside 'Workers' Union quite as much sis do those outsi'Jo the yanks of Labour; and they realise also the menace to society which lies belihid such on-* provoked and wanton acts of lawlessness. It is thoij-- duty; as it is tho duty •of alt. good citizens, to openly repudiate such acts, "and. to assist the authorities in the nraintenanco of law and order.' Where and when the trouble will end can* ' not for the moment bo foreseen; but one thing may bo tak-eji for granted,. and that is mat the people of New Zealand are'not going ks be bludgeoned into submission to the dictates of mob rule by ,tho waterside , workers of Wellington Or by tto Federation' of.-' Eabou.t. Those thoughtless men who have been led astray.by the inflammatory and isih* loading- speeches of soffits of their .- leaders may also. >es : t assured that many of thaai will ba called upon to . pay tho price of their lawbieaknig." . ■•: ..,.■-, i •;'.' Leadors at Strike-TlrnS.' u • '.'

In The Dominion of Jvavembet 3 there appeared an editorial from -.which,',- SirJohn Findlay road tho.following:-*jj '"The Federation of ..Labour is at*''' tempting to draw' into.the strtigglo :which it ha 3 embarked oh against forces of law and order a, number of the labour unions which declined to come under its banner at •' tho late congress. It is a cunning enough move from its point of view, ■ ; i'or, if successful, it would commit tho unions which in tho past have objected to' its mothods, fo the mills tant rolo and tho general strike • with all their attendant evils of lawlessness, hardship, aftcl suffer* ing.. It has succeeded in, the first step taken undercover of seeking their advice and influence,, and is now, no doubt, hopeful af dragging them further into the conflict,. . , It would no more- sffrttplo to drag; tlie railway servanto into its strug*-'' glo for the saprcmacy -of moo and thus rob them of. their .classification status .and supcrnnituation privilege, than it Would scruple to incite its following to terrorise and intimidate a member of thfe ptiblic . who had tho patriotism and spirit to como forward and offer his services to assist to uphold law and order. No doubt the Federation

1 hopes that by cmbroiline; _ anions outside its own ranks it. will cover its discomfiture ovef its failure to bludgeon the community into suit mission to its insolent attempt at mob rule." Tho above, counsel said, showed that Tin: Dominion was trying to make the name of the Rod Federation a svnonym ifor all that was .brutal. Be then read as follows from a DoiftNioS leader of November s:— . "It seems absolutely titeredibiethat the working classes of New Zealand sliould pay rnofP attention to tho wild theories of reekkss dema.Toc.uos .than, to tho carefully thought-out opinions of. a Labour leader with the experience of Mr. Snowdon. The present strike tactics in New Zealand show hosv.complctcly out of touch those in'coU' trol of the Federation of Labour aro with the ideas and methods ; cf tho most thoughtful section of the. British Labour Party. Tliey aro following tho wild and feyoliitien* arv tactics of Mr. Larkin and Mr, Tillott in preference to the policy advocated bv Mr. Suowdcii. Ml - .' Henderson, 1 Mr. Sexton, and: otbef leaders who speak with ItnOw'Mgo and a sen'so of responsibility,"

More "Domfnfpnr" Articles. ' From TheDcyiiKioS-<>f November 6 the following was quoted:—' "In view of the persistent efforts oPthe Federation of Labour to embroil, all the- trades ■unions in the present dispute, it is troll to ettrphilsiso tho fact that neither the employers nor any other seeticm of thepublic have any objection to legiti* mate trades unionism, but they do object to that'phase of the &ataur movement which lias adopted the revolutionary methods of violence, sedition, and class war." From The Dominion of November 10 this passage' (among others-) wS.sfcad:— "Tlio Striko 'Committee declare' that they knew absolutely- nothing of tho existerico of theso things; bat this disclaimer is not likely to cape? much weight in faCo of. the known, facts. Similar weapo'iis-tiijvo been' . used by a section of the. disorderly crowds that caused so mush trouble ■ in 'Wellington a few days ngQ, and tho resort to such forms of v.ioleiico has been ono of tho ugliest features of the present crisis." The nextcstract was from ait editorial which appeared La Tne Daifiittoj* on November"].].:— "No amount of dttst-thrtovkg can hido tho undoubted fact that tho Rtriko aroso out of the aetioii'of thfi ■Wellington waterside workers in wantonly breaking an ngreoi'neiit with their omploycrs, and the lawabiding members of trades unions — and that is tho .overwhelming majority of them—can have no sympathy

with, tho methods of violence and intimidation which would have created a reign of terror in tho City of Wellington but for tho firm stand Made by tho authorities, backed »)■) by a. very emphatic and unmistakable expression of public from end to end of the Dominion. Tho best elements of tho workers ■are quite ready to support any of their edmrades who may be suffering from unfair treatment by their etii* plovers, but they a'ro naturally very disinclined to be drawn into tho present struggle iji. which the strikers are so manifestly in the wrong. Thoy are being asked to sacrifice tli-smsoh-es for an unworthy cmsc, and well knowing that the sacrifice can only render tie position, of those already" out of work still more desperate.'l

, C-iticfcjng the Defenca. . It was for. the defence to say, Sir John. Findlfty continued, that fl.ll this did not nrea-n that tho Federation stood for crime and intimidation, including murder and the use" of gelignite. The Dosjimon, however, did say that the Federation bore that character, ami tfell it turned and said to the ' 'Times": "You are tl» ally and' supporter of this, body which wo have taught the people of JiTow Zealand to believe is criminal from start to finish.", "'I leave it to you,' s added counsel, "to say how. far this is fair dealing.'' '- Sir John Findlay then turned his attention to the defence raised. If one inSH made a ctrnrge against another, ho argued, and that other challenged the .first for proof, would net the man who made the chared- find it necessary to endeavour to supply that proof? If a nta-n publicly assailed this jury's character, and the}' brought iiim" to book, what would they think if ho. did Hot justify it? The Dojiinibn did not say anything about justification, It merely said: "This- h a matter of pubjid interest. We were merely eommeuting on. an inference appearing in tho and our comment was fair and reasonable, and we were acting in tne puttie interest." Bespeeting the defence certain things were essential. Firstly, if the comment Was on facte,, the facts must bo truly stated. If the facte were untrue tho defence of fair comment' failed. Secondly, the comment must bo fair—stteh comment as a reasonable -rnah would make on the proved facts. If the Comment was unfair the defence failed. Further, it must bo a piatter of public interest. And lastly, it must bo made in no spirit of malice. If it could be shown that the comment was made in a spirit ii-f malice, again tho -defence, would fail. It was somewhat difficult to understand the defence, ft was not an entertaining documentslegal documents rarely were—but ho would read it. Sir John finrilay then read the statement of defence.

"Therfi Is the Answer." _ "There is tlio answer," counsel continued. "Not o»e word alleging that the statement that we were allies. of this Federation was true." T«'e DoHikmm had not the courage to dft more than "shelter hehind the vague defence" which he had just read; 'Tho "limes" denied that it eve encouraged of supported the_ Bed .oration,' Mr. Mori-Soti: Wiero is it alleged? Sir John Fi-ndlay: In tiro article of ..December 1L It is so, and wo say tho charge i s untrue. They have made tho charge, and they have- got to p*avtf"it. Mr. MorisOh: There is no plea of jus* tiucation, but of fair comment. His Honour: Tho best way will be not to discuss that now. Sir John jiniidiay, proceeding, said that the article complained of was ns% comment ill that i-t was a direct charge against tho "Times," which would hot' ; permit the _ defendant to raise tho de- .! fence of fair comment, and'unless tho defendant ted evidence to justify the ;stiftemeiits they had mado (that the '"Times" had encouraged and supported tho ruinous methods of the> Federation of ILabaur): the defendant mustfail Cronsel asked tlie jury to approach _ tho caso and discharge- their duty without feeling, and ta regard the case in the light of a-matter between two rivals, one of which desired to advance its business at the expense of tho other, with .great loss to the latter. "There. Was a higher call than politics, and that was justice.

Mr. SlterFott's Argument. '_' Mr, Skc-rrctt said he proposed to put lii thd_ original paper, December 11, 1913, in which the alleged libel was printed, for the purpose of showine; 'that the whole article had been set out 'in tho statement of 1. lim; He asked His Honour to note tttat the reference in the article to the morning eontempbrary was admitted to bo a reference to the "New Zealand finies" Ho proposed to ask thai the statement d claim, .should be slightly amended, by the insertion of the words "and methods" after the word "doctrines 11 in paragraph 10, and that all words after "lawlessness and crime-" sliowld be' struck out, Tlio amended paragraph would then read:

"The defendant company there- < by meant that tlto 'New'&aknd Times' newspaper oft every possible occasion attyocated the encourag.fi' ment and Sttpptet of tho doctrines and methods of the said United Federation, of Labour and its loaders, described; in paragraphs 4 and 6 hereof, and thereby encouraged ~ riot, lawlessness;, and crime." Mr. Morisen: AVe don't object to the amendment, .

Mr. Skerrott •■ I am surprised. Mr. Morison: You may strike out the whole of the statement of claim.

Tho amtmded .paragraph Svas ltoted, and Mr, Skerrett said that that closed tho ease for tho plaintiff company.

CASE FOfi THE DEFENCE* »&A OF FAJB COMMENT, ..Opening tho case for tho defence, Mr. Jlorison said that counsel for tho plaintiffs had closed their case. They had assuifled that there was no proper plea of fair comment. He submitted that tlio position was quite plain. They had toput in as part of their case the articles on whieli tho defendants had pleadeGl there was fair comment, and of whiori tho plaintiffs ted had particulars fur-uishe-d to them,; in ■ pursuance of His Btencur's. orders.

His Honour: You are applying for a nonsuit.

Mri'Morjson: "No, no, law pointing out that this is' part of'their ease," His Hoftour't Can they reopen their case? .-

Mr. Morison: I submit that the whole point is this: They have to nrake their case complete "on Mro plea of fair coa* m«rtt. "\Vh«re there is a plea of fair comment tho. writing on which vtho eommeirt is basal' must bo put in ds part of tho piamtirts' case, so that tho whole plea, of fair continent ina.y go to the- jury with. rJ.ki!vtifFs■ , case. Tho rule is laid down in "Oijger on Libel,''" fifth edition. His Honour: the oftor. mile submit this is not faif criticism, hut contains statements of fact.

Mr. Morisoit: Supposing' they a-ro wrong. Supposing the. plea of fair comment does apply; then thoy must tako the precaution of putting in tlie publications Which wo. have, criticised. My friends have not Avon put to tho jury tho article, of tho "Now Zealand times" oi th© day before, refotfing t.s tho Lytteltoii ekction on which coniment *ib made,

Mr, Sferrott: I mad© one- statement. I don't intend to put this ill. Kis Honour: I cannot direct them to . reopen tjiA cas* ■Mr. Morisoii: ¥o\i can only reserve the point. His Honour: What am I to mse'ite? Mr. Morisoii: The case is. laid' down' »i_ "Strauss and Francis." The pl"p of fair foiiiittent- is on a serifs of articles, ' and it docs not- mutter whether it is «■ scries or one article, 'fho .principle is

identical, We take the. articles as they are

His Honour: The question is that you pleaded fair comment, aftd'jrou have to show a basis of final.'

Articles Commented On. Mr. Mori-son said that -tiro fact Was that the plaintiffs bad published certain artick-s containing certain -statements. Tim jeffiadants coijii-nentcd on ttioso statements. It had hem laid down in authorities, that the defendant was entitled to" have any artfeio eomteonted ojj-.pnt.ia by tho plaintiff. It was pMntittV duty to put it in. Hss Honour:.. 1 don't seo that I can ■make any order that will benefit you, J. cannot tell plaintiffs that they jmvo to conduct their case in any particular ivay. If you think .there "is anything to bo done in the way of feserviiig any point, I don't wish to deprive yoit 'O-f your. right.

Mr. Morison then asked the Court to rule, on the authority of "Strauss and; Pra-ncis," that plaintiffs must put in the issues of tho "New Zealand Times' 1 on.which tho defendants pleaded that they as the subject of comment and -criticism, particulars -of which had been given,, in pursuance of His Henoffir's orders* to tho plaintiffs* solicitors. '

His Jfonou-f; If you move that, I am afraid I ca.iinot grant you any. relief. I must rule the motion is refused.

Motion tof Nonsuit. Mr. Myers moved for a non suit, en the following three .grounds :■—(!) That tho words complained of were riot reasonably capable of the meaning alleged in the innuendo; (2). that the words Were not libellous per so apart from the innuendo; (3) that the words were trot written of and concerning the plaintiffs. So far as tho fits* two grounds were concerned, ho said, lie did not wish to do more than . state the ■ welMuiowii Principles, and then.ho proposed to refer shortly to the article. and to submit to the Court that it was not capable of the meaning placed upon it by plain* tiffs, and that it was hot .libellous per 6e, If, in a'ddit.tott, the plaintiffs chose to allege innuendo, they were found by that ianuendo alleged, and if the words were not reasoijaM'y capable of the meaning alleged, in the innuendo., then it was the duty of tho CVuji to nonvsuit. It was hardly necessary to submit authority to support these well-known principles.. (Ho qnxn> ed authorities,) Pleading paragraph 10 of tho statement of claim, he urged .that tho words were'"..not capable- of the meaning sought to bo put upon them.

His Honour: You defty tho whole innuendo ■?

Sir. Myers said' Ms\ point was that such o, meaning could not reasonably bo drawn from the Words complained of in the article, Tlio article, stated) "In yesterday's' issuo that, veracious organ of the browing industry gave-up quite a lot of its':space to vonomo'tis com* ments.on its'..own distorted vorskmof current happenings., and no dottbt found therein some relief for its own troitbles, and misgivings cftftcernjng the' future.' It is a "little, ■■.foolish of that decadent mou't'hpicee qf a decaying canso te'so plainly dfscioso its sym* pathies with tho Hod Federation if it really wishes to help Sir Joseph Ward." Be contended that tho words "so plainly disclose its .'sympathies with the Red Federation"./; Vero referrahla hack to tlio'words- "in yesterday's issue.". And also r 'tho great 'bulk of t|fe people have se.cn exactly whjit' the-'-Red' Federation st-aflds for, and when thtf official nunithpiece of Wardism. which Iras on every pnssib.l'6. occasion insidiously 'fincoiirageq the_ strikers in'the present- industrial crisis openly urges that the Liberals of Ljl-teiEon should throw.iii. their lot with 'tliey Sodtt£-.s.t-Ai)arch.ist ortjanisatiotv in order £<* .'eratify the spleen of their ieadcTS, and defeat: the ialist candidates, it is liofc calculated to- do either the Liberal Party or the 'New Zealand Times' nnwlv eood with the business people of the fionaiiunity,''' These words were- again .roferrshle to tire partibular issue, of 'the pr-oceiling day. ' - '

the Pressing Day's issue* This was really tfoo reason why it was qitito unfair thttf the'ather sideshould not at least- put ill •that rows* paper -on which this cdnvmciit was actually based. It was really not neeessary for tho defendant to go further ba'dt than, the issue of the pieyious day. Also the last, portions of the allegedly libellous article were not capable iri themselves of i defamatory nieanitig. He would submit that the. whole article in so far as it made any refe'reneo to the newspaper's altitude jii. regard to. the Federation of Labour referred only to tho issue of the preceding day. On that day., while ilia Lytteltoh eleetjoji. ivas pending, tlio "New Jjcalapd Times 1 ' ■had invited tho public' of Lyttel.ton to support the .candidate nominated iiud supported by the lied Federation. Hour could it bo safd that tho article as quoted in Paragraph, 0 supported the innuendo as set fdri) in paragraph 10 of the statement of claim?

Attack Upon **C:o.otis" oijly* As to the. third ground an wJiioh ho moved for -fetus noiisui't.,. if there was any attack mftdp at. all by. tho. article- complained of, it was submitted that the ■attack was made upon a set of articles in tlio newspaper, and Was.not an attack upon tlie company.or tlio business of tho canipaiiy,' His -Honour; An attack Upon the company's goods?

Mr. Myers: That is exactly the point I am coming to. His Honour said that it must ho understood tlnjt his interjection .was not put forward as his own ojrinioii. Mr. Myers' said he Understood that, brj-t tlio .point. His fic-nouf fad put to him was to bo iiis'Vcry next observation. Tho ease was very, similar to a case of an attack, upon a .person's goeds or manufactures. Again there ivas the further fact' that.plaintiffs wore ail incorporated ooßi.pauy, Ho -did hot disv; piito that an asti'ou for libel -could be : brought _ by., an iiieotpo'rated cpftpapy,: thai an -flicorporatcd company's business reputation might be assailed in. such a way us to give- ground, for. an action for libel) hut lib Submitted that thatWas no-ft the' case in the action before the Court. It had been held that 411 isieorporatod company -could succeed in 1 on action for libel when its methods of fend<iettiig business., or its -financial position 'Were assailed. It was obvious on' a/fair perusal of tho words complained »f, that the words wots comment upon : previous articles in tho "New Zealand : . Times, 1 ' The husinciSs, of tlvo -plaintiff company, or the plaintiff cO.ni.pany itself, was not referred to. ;_ Tlio criticism was obviously ipejety c'Hiicis.m of something that liad already appeared eifher in one article or in a series of .articles in- tho "New Zealand;, Times, "... '■'. * If could not reasonably bo said to refer to tli» cofti, pany's business. Ho submittod. also as a farther ground for a nonsuit tiiat. plaintiffs. had not pntJn tho-issue oftho "Now Zealand /■contrtijij.oß''' the article on-. wliiqlji t|is alleged libel ; Was Writ-te.it.. That article-.sliould havebeen put in', because' it'.was'expressly' referred to in Tni? DoitiNfos afticlo, and' nvust bo rfead witis'tho afticlei It -yi'as impossinlo to docida wlietner -words' complained of w<iro d'efamatbry <m not without a perusal of .tho article in the *'Ko\v .Zealand Tinies", of tho prevluus dat» Mr. Skerrett BepKes. Mr. Sk'er'rctt, replying to ttio motion '■ for a lidusui't*. said that"he proposed to' ansivSr fiTSt_ the third point soijiowhat singular propojitifli} i-ltat tho. defauratoty maiter allogfid ■{» the statonioni of ciaifti Was a mere attack upon a sftfc Of aftioles containfid to tho "New Zeahnd Tiiaes," and was not. an atf. tack rci'prraiilii to - tto busiMoss of tho company. Ho would as.k Hfs Honniir tn l'ciuciiibor that in dealing witil this paint it- was necessary tft nss-ittilo- that; j the article.-was defamatory in the squso'

alleged in tho innuendo, What tfisthe sense of th-at?--4'h.at TiiE IDpjknuw had falsely said., without justification, that the "Ncis* jfeiland Times" had advocated and given encouragement and support to the ■doc-tfcin.es mid methods of the Bed .Fedoratjqn. What were these Methods? They woro admitted te liti seditious, anarchical, riotous, dishoiiom'able methods. Alt tliis Was admitted., so that tho innueiiijo was thai the "Times" had encouraged criminal seditions, and disgraceful -methods. Mr. Myers contended that this was .not an «ttswk O-ji tho character or business o'£ tho company.

His Honour: Has not the Occasion <m whicJi such an. attack is made something to do witl'i it? In ttm.p of peace jois make a dfficM.nt attack from that which you might mako in times of stress-. Mr, Skeirett: 'J'hat tS.so., your Bcnour. This article, lie con'tiimed, hail' been writ-ton towards the end 4 .the strike, W'lic-n great animosity had lusen created bet« - e.on tiie business poeple of tho community on tho one Ti-and, and, oji the other side- tho worlrcirs <>f the city. A newspaper got its revenue from advertiseareirtß and circnl-atifln,

A "Hint." It Was well, bnovvu that the bulk of tho adveftjsewenta camo from the ness community. This sir'ttele. said, ""It is aot calculated to do tho 'New Zealand *Tinlcs 3 mucli good with the people of the BOmromiity,'' Was ho not entitled to say w fho jury that this wa.s a hint to thp business people to withdriijv their advortiscmeiita teeause tlio pape : r liad teen gintty *f toisconduet of a particular iHid?""Bc suhmittctl that tno jnry.yyefp ci,til}cil te Say that at tlie tiroo and untor tlio cireunistancßS it was made, no more fiorous -aßegat;ion tmM 'have been nrada ■asainst tho ''New Zealand finies" than that- tliey ■ ttero siipj»rt.ii)g seditious aiiai-pliicali and riotous mmu It wag iinpossible to suggest, "that this did not cftijib nvHli'in tlio very definition of libel: "A statement \x\wch is caMated to bring a person iiito. ridicule., contempt,., of obloquy ,or to iij-* jflro liim iii. his busi-tifiss." He would pttt it to Bis Honour tliat Ihi.s .Was paleu-lated to injure tho "ifew Zoalaiid Times'" ill tlicif• business. This ■article ■fl-as not an attack oil tiis goods ©f the company, bat an ait-aclc on tJi& business of tho. company, Wffcji regard 'to tlic other pojiits ho ivoul'd dmiy that the article *as criticism of ono artjcio in tho Zealand Times" of thtt piroriotts tlay, kit if that weto adhiittod it would bo of' jio advantage to defpiidafttS;' It could, not malio the slightest passible diff of dice.

CDit.tiffa.thgj Mr. Sforrctt said lha:t tlio artieto contained an infereii.eo thst the"New Zealand Times" v.%s a financial w-ealding, The references wire perfectly general, arcd.ths passages,:ffiarl together, clearly and pjaiiil'jr" jneaftt that tho "Times" was a supporter of sedition, an eiieaw'ager .of s.c.ditioii, an encourager of violence., ajii'd an encourager of crime. His' Hoiiotir's ftinqtio.ii tos not to determine- the eon*■struction of this article. ' Tlikt was a. matter for. tho jury, and Should bo left to t'hdhi. 'Five word's were capable of the iiieaning alleged in tho s'tateiiieiiib of olai-m-. ' '

His Honour hero iiitimaietl that h©' would reserve the iiaisiriti .{mint wliieli had ■bo.cn raiseds

Comic Opera Element, Addressing the jury, Mr, 'Jlofisoji said tlliit w:«ro it Slot for the fafet thai )i6 had a real' Jury before him ho would. have, been, tempted; daring .tlio coursj' ■of Sir Job* IfindlaT's remarks', to think ■; tliati-hfi wits, attending a dress rfih'esii'Sal' of a comip opera. - Sir .Mm Filjdjay al-' ftiost-adiifevbd pathos when lie dressed out a.ud attempted to eov-Gr tjjc n»ked ? itess Of his .ca-se-jyith. tho ;garitieiiic*!tff: seriousjiess. When a certain amount of iu&idct information was placed before tlvs ■■jujy the whole pfoacedmgs had aliiwst a eomie aspect. He had been, puzzled to know why, in tho opening ■of the I .plaintiffs' ease, tlio very .leading article Khieli' called fortli tho ■leading article eoniplaiucct. of .in ' The DoiHKtoß had jiofc been |iut before tile jury. However, it a-otiKi. Oo ■put bdforo thejii, .and iVOuM bo sSjfficWf to show that plain-tSV case was elat'lmd in a garment, of traitsparehcy. ■ Mr.: Morison proceeded to pom is gut .that, libel -actions wo.ro soinctniies Necessary, tet- in tho whole -conr-so of litrcatioi)' .which would ha found recorded W tho ■hundreds of volumes of their law library., lio had never found a caso where one fle-wspaper sued' aiifither for ..ejection comment _as alleged tibel. He dJo-nbted if ever , a .ii.eivepaper tad brought such an action, The wholo of tho present alleged libel was an article- which wasiptiblisSied-as a■reply to an election .article lit the course' of tiie Lvtteltoii election, and Sag ill. ; the usual form aftd stylo m which, alec-: ■tiail articles ivero written, "it'hat wai the central fact'of the whole imrt-ter.. Tlio Lytteltoii election happened during. Vho course of tlio- very deplorable strike,: and of course tho election : has a certain.' bearing on the strike, and iiiere-foro tho ■ strike, mid i what occurred during tlio strike, as reported in the tooWp/ftpetS, :liftd a direct bearing on the election and. the arljsfo in ■question. Ho ivftiited it' borne iii mind that from the cojiirneiiccmeni of the'mWtoy. it wfts sJnipU" flection joimalaSi, with which -every Eitg-. Kshman Was absolutely familiar,, and. Which ciHsty iSngiisliiiian expected. One : huntofoiis HspSct of the ease- was -that the plaintiff w : as a; company a.hd tlie do-: fandiat w;as a conipanl- Anyono ctfiii.d' bring a libel aetiou, and 1(1. tlii'S .■c.i.'se One eeiiipaivy sued another for £Mi)o damages'. They co.ul#. take it that one; ■party bad ritrong p&lifieal T.iews ojj ojio '■ sido, and tho other Istrong poHtjeil views on tko ether sidil.

Criticfsiti Sb agreed witli ivlint Sir_-3Mfa MnA. lay said mVn regard to crltieism, j!4 one o'hjec.ied to *riticf?ni»" foj the.V CQirtd' «ot havo good gpve'rli'iti'qnt vvitliqul, 'crii'■tieishi. All ppbiiq bpditjs svero subject to public oipiniwij, a.ird the Writer in a was looked to f«r critieismi IqY iiewspapcrs lia.fi a Juiic» tian., whiek they we.r© looked' upon tb lierforiiij ailii Wlieriier piiblio opii«on was ■mfluqiiceri byMicWpapcrs or : !!ot,_ it ivas eeirtaiirly, in a great .me&s'ura, gtfide'd Ijy ■thefti. There were two worfti'ng iiews'■paiicrs j.ii tlio city., and .frVu-oijo/sx-pressed one set of views ijn.d tlie bthei another sot Pi views they found ;ihat i'hero Wbf o two distinct bodies of oipirtion; •pu public questions.. ' . . Referring to a. 'rijhile. of; Sir -Jbijii Findlay's, Mr,-jlorisbn said that 'ho te3 : im&T "heaTd of a boser bringing an nctifln against anotte liectuise tlvo .first had got a good thrust Jioroq. fpi tho same way, if % fbatbaUy.r got his teg. token in a game, ho did not Bring an aetioii against .£n.af>hor ; pjajic*, affliougli tlioro had Iwen ac'tual damage. T\yQ newsjiapers taking ■different 'sides ■bnV politisal qttes.tions w(i.rp in'th<! :sa.pio. ■category lis t'ho iqser and tlie- ff.qthaH.cr. liat was sv'Jiy. newspaper acttons of tho .prosont kind wore rare. ■ 3?.ot.s&iiaily lisWould say tbey were uftJcnciWjj..

A NfeWspaptfr Challenge. When one neiy.spapeir in tilts jubrjiirig got up and crowed, was ttot thatj ■ Jiy ■Sotntiion' consont, a chftll.ehgo ~tq' jt'j oppofioiiW Hihe, qpponeiit c)id .not mieapt that .chaH'eiigq tlioris w'a§ a re* .'m.'ark in the first ifewspspftf tho next m.oriiing to tho following p(fcct^''Qu : r ißo.rning.cpntfirn.p.Q'rte niaiiitiin? a tip? ■ji'r.es.smfe. siioiico" This. Ijrojjglvt f'briiv a rfijilyy and was, 'svjia't wai expected* i'lio pii'Mio got up in tlio ■■■niqr'iii.hg .atid .Saw both papers, aiid then enjojed tlieJi" breakfast." Jt \i%& ridiculous t* S'ajthat * WBSvgjia.pcnp conipany could; .liavb: its fceliwgs hurt by m election arlicjo..: Qonviijg to ; tho elato, ttoro wtyiks tin 1 bus tivnigs ■which cauiisfil :f'or tiife- pjaiirtilt might have t01d,., 'tat 'hji.d iiot» til. ■epoiu'iig., Sir John iTtaJh;;- stressed vqty ' fiint:'|i tho fact that tho article lly : 'I'm: Downvon' was iiifr'nided tii affectthp, '"Xew Zealand Times" business* ahd:

the jury aVcfo iiivitcd to believe tlia,t ■it Kitust l.iiivo.attocted tlio ■ liiisiftcsS.

AnAbandoned' CMfit, . ■, When iho sta.tefiicriti. wat' served there- was' Q'S&6sMsiuK-tibs<jh bad sin.e.o Jj.cGii SljaiirfftiiKcf." 'This .rev pcated all 'in ' tlio iii-st Mc,;atti^ ; ,,.i(jjd„fiiji;f: thci- Set out. tlitti 'Clip- strtiiiHiQi'it'jiv article Was a. ftilSpV-s'tatdju'eJit tlio plaintMf eomp':i : nx,arid i;t:.s.;ii\Xs\iiiiiiij,„ ■and Was p'rintetl i\vjtl.j the intention--"or-i-njuri-iig t|io plaintiff co'nijaii.j in i.t&' tmsluuss,,. and of i.ii'd.ucing'tiic.'fcusiitdsi people of flip go.iitili'K!.ii;itjr "atft -ceaso to advortiso in thp ,ptaiiitr : lf newspaper, or td Jiafp r a!iy haspies"? transsjctidii xvitli. ' -$uclt ; " ')t&Vv;siiifji<;fit Everyone knew that they- c^'jl'd: l only., injure a jicwspapCT iiV:p')i^ ! pi'i! , &yiß f ->yji',^ i: the Wrcufttiort tisements. ; 8o the'tfcfeflan'W innijciliafcoly toolv itctioiij. when "the/; w>ft i; W'ifs. „■ BeiT<3i| 0)111)419 tOiVseQrtain whcthcf had afflicted 'She. ajtytfrfcfceMeHts V r eulation of the "KW &ala'ii| lifrives;" When that application ! \yas jiaitrhcaj'd counsel for tlio abandon that part of ike action.'. 'S.ti' foHlrcnit&c.iiiM now and real.-daiwago occulted to tha, '"New !Zpafend T'iTOOs" was not very ■,s,p'r|du.s,. although counsel fbt tins- Maihiiff pjit it- to tlio iuty with a -good deal of. dwlfc. Jiia.tiftii. The answers to lli'o. .arrien,de : B'.' : ckijii ■$.") Thoy -said th.ejy wetenot writing .about tlio- company "-jit all, Tim ooffittttijy was a 'legal ' aqitactiffiji. They were not writing g.bout tliq. .m.on)liprs of the plaintiff Bonipa.n'.V. He caulS' say that noitlicr tho wr'itci' of the iiiiji olc, no? tlio :c<)iap>.j(nj , ) were d'c'sirMs of. doing that. That ,gofc rid (filially' •gritVe acttbii fjr.g«i;l.rt, by "one 'person against another | (2.) tlip dcle.h<p was ■tJiat tlip Words did not -mean wliat plWiiitiffs said; .ami (% hi -.aiiy ■.cas% t;l'i&.y were not libel, even if they meant what plaintiff siiid (wliich iiioy did tot}, aifdtlio result was fair ini ctation.j on tjio views «f tim''-pkuii'tffi It Would Ijp .seen lio.iV import? .tint it was, in view of tho statp q£ ■flfeirs at tlio tiins,.'thai iiio fl'.ttif.u.fl.p of the- plaintiff paper then sliouW been cfitjefsod..

tho Leader lij tiig "jFimesi" Mr. MtarisOft referred' to S'ho state-! witihtg nifltb by Sir - John Fviidlav, in: reference to the Tied ■ Eejerati'ou " arid their aims, jtud the aivficle in the "New Zealand. Times I ''"of 'DbcoiiN ber'M, M 3, ■wliieli iirQUj+ht forth ."itlia criiiicvsiii e.ompjaihcd ii iir The TJbsn.NV io:s of December J,l. ' feforo readwg i:W :ai:tMe lio-'"'«jt-pjnhiod that f Ufi t I)OMiS : joS Jistd- -always di-ittopiiislicd, i;i its criticisms,, lictweeil tlw leaders .of tho Red and, tJiO Miitiiy _ Vo'rj; ''Wofth.v "jneiij who by fojfeo of dr c( lm'sta.iicji were "bound up. with It, The .article 'iron} tho "Nesv 55oakiid !lJimeS : ! , rctforfed to of OiG first ballot for thtj Livtte'ltoii. : seiilt; *nd sai'd t.hat..tho prospects-for a ;viif:-: t«ry .for Wftrte :s.iii;ali7. candidate liad .sec;ured".-rt. .plii.eo ■m tiro second 'ballot, w.jth ■ Jiljy ■Si.'-Gp.tiibsV ti'ip' liomi'ilfce of tlio ■ Eed'fef'atioii 6f tiilioiiri The- article contained tlt:o wards i-^

"So'far as jlii.s cbn.t'ds.t is coiir ! • ceiiDed there can be no ■doiibt; .alidu't tho ultimate is.suft. Ti\Q .sc,it;. : niust bff won' b,v' it'ho Jpedoratibn of jjateur.. . ''■. If! d'ijcldih'S ; lictwe.ei'i'. tiro'; two!" caitdida'tes the.'Liliorals .may bo. do.-. ... peiited tfpoft to vot'b' fo.)! )srogi«SS ■against- tlfe forces of''re.ictVoivi' , aiid ttust to; ilro :iiindfii'alSon:of fb^itQwri ',".:. party fu tlfOfHoMso.td'.rosjrai.n iiid;'■"■: direct into, safe iejiaitiicits .a-iiy • Itition.ary teiidcii'jrig-sr oil 'file. ,pa:rt; of ,' the increasing oXteenio LaboiiKseV ' ti.on, , . . If the: pace, 'b.egiii"s;< ■ tq grow toq for" Toryism''ii*'-., is cortaiuly ..iiot ; '■.• *ill jbcfiy ■ blaniyd .now .if/il.iejv' ■.lc'iid''tl)eiiv.',c6-''' : '' opttratron; ; .|o. &■ : that Mr. Jfesscy afid his squatter supptrrtbrs, no. livaifer bow lusin■eevoly,, ad.voßa'te.cl at the last" Gen?■Sra'l ISlec'tio,!!,,''' li.i Wis,article., s.aicf .air. Sfoi-isoii,. it Was adnl.itto.d iliat 'Mb lAl'Go.iii.b.s" wits. the- ciindimi'te- lor ;tljsa Red Fcderiiliflii, aitd jiiberal's were riivitcd to support: him. - ... > ..., '■ '.;';..';-..:,

Tha "Tlftibj" ehatisrige; "i Ba.vSng read |hp. "'"JsW Xcalaiift Times" artigo ■on the iiyttufyan- election-.;> ; sli\ M{S(<i>oii fetid, tiiitjfc- iift'did iiot'blffiiW' 'the "Tinies" .for: tlie. attitjudo j'taadoiitr... Ed, Wt .jlto-*M^/fliat , -^p-* flr riniicss"' : -at:t'i'* 4 elo was a bllieriiiioriV' iug i?a;per tTiiii ;l)pSii.S.i ; .bN) f 'which rem-eV seiitcd; ftnbiher ■ set tff'yiqiysi ;' ( Was .-Hod eqftc'<ji'ii6d ; . )V ttitiiJ any view vvasVHK)^''o,r ; ftr.kki.siji cqiitaihed in "Tiiii article was of ,o(,,'k : iii'S-;ito:"pe;i6}!jßct-6dK'ili?, olectjqn -tirtis; 'to tho-' 'ffimes' " article, SK^slflqrisfliv' asked the jury to iio.toitljai.'.'jir! .M'-Gbnibsj iyhoiji. the '"jiijie's,'* s'ji'pjiprWd Ijyttejtbii. contest,' -ivasv^a/iibiiiijicG'' pf' tho federation, of -'■:£a"bqnfe-' : v<;Thb,

"Times'''' arti.efe.Vw.iis .a-gobtj. swinging"' party article, .and miybne. .\v.iiq..ob>ccted, to that wa's. : wMjily ■tein^sltiniiri'd; ; r:;: ; ilavd'.; the article: recced, ii .£&>s: svtfhcing;,, reply jipst .hioriiiiig. .DouinjonS article was abs.plutijty "fair cqmmqiltv"' What, he iskqd, ,di.ii' "Q^Lii. Shiiik of tho- ■'■'i'iiiie's'' ■" or circulation :&'r''iiVe.n)pip6iltf .' 'Tho <jlcc< tioii.s wbtb on'i' .iiM. wanted the. eic.e.t'iciii- lb 'be"^yqir; ; h|vtiib:'' ili'ii'i'itorjai :qandid ; a.tc:; i'T.h'o. "''Tinies'' did ;net. reply next 'smofn'mgip,,"&?■• Bdasi&iosit as plight but tho ■cbHl'pajiy evidently' tiid.iigh'i' 'ty lia:d .had tatter Wiia'sty jar; -and bdlt-ocl Straight for :thb ; : Goiirt> AVliat The iDbMi'N.i'qK said' \yiis; thai; a. .jourh'ni'.'s l'iq.iiifl.iifiivco must: be- ..affo'Eted' ;i'f>:ft ■siij)- ; ported tho Red word' about ndvertiscinehts;-. .fiig; £>o}tiisi&s)' was jiii qtdiii'arj' siv'' ■tick, writ'teii at 'clcqtiqii 'timWp 'fejjfe.. to .a cliaJlcMgCj and. jt was : a:!js'ur3'' ; to. S.p.p'ly a iaiigb object, pf .rc.&ding 'SG'pi'ethiii'g .'cl.sb'Jiit*ir n it. iljo jila'i'ivtiff.eqinpariy topjt TiiE ; . BijjriSieN .ar'tj'eib bu.t ;a'fowV words ihbrq atld a lew ojrt taMiig ■ tjib context,' v hie.d ;: .!it... ; charge on the.ni.: 'Th'O' iilamtift' .^;as\ : : Ssliing the.jury fco 'say eoTn.mpjirscnse. Whoro 'the poiiSof';' tlip "Tinies'' -that jt-caul.diibt; ■reply 'to'" this article :Jiext inb'j'M.Wg;* !" ; ; : ',

Qijostiofj of taptics to Eh'ti Striliq. Cpuns.eT said that it sci?y for'him to ;d.feal Svjtli; ,: 'Sfi!Ji , articles ti.i tliq "Tinies" '':.]e.itdm£ 'tip 'Hi. this.,, Thqrb. \\'a's, lip: "first of s.ers'.ejcli'reqin for t\vd''.bpin.fp.P.s pit.; tlin ■strike,, wid 'ft was a, xecogn'ised yHtisU id'ea : ; "Ilespecj yb'ur ■'pp:p;piien.i's-..;ip'pim'. io:ii t but tliy. to ; iiim tlisft.'UcS is' Wiß.ng.''. M;i\ Skccrbtt: also ; rcsp(Sßt hjs eha;raot^r v J lioim, . .jf'.r, ;, \Vli.o J s isiiigftig. abput Ms. ciiafactbr.'? Mi 1 , :skprrett: X ain -|iist to Walking.. oil riliat- ill .passing, to Tj-'ii'iintl jroiii ' ;.'■'! ;• Mir. .Siqriso'ij': Sou niight .also ..re-' mind iiab of 0a day of the mek. s 'This' is Friday.

Mr. Morison, continuing:, .■-said tlm& somo of ilia artKles in tiro: "Times" -wore absolutely excellent, and well liavo -ap]Jcivix?d m 3,' he .Dominion. Jt.ji'.ust bo remembered by the jury that at tho tiino of this article eve.ryciuc was dhsirotis of seeing tlio : . oitclcil,.'lixittljnt tin; problem was liow best. to.'brrng about; tho end of tho struggle. . Que of tho planks of the ,J?cd Federation Was to have noliiinc to' do with the Arbitration Act, but |* lie would rpmind the jury that they vertv not concerned Kiln whether those tactics were right or v.TOiig. The question waR: "Aro these views-which lioiiealy be hold by different people?" In tho •'Times" jvptipto of '(.Jetliner '2; to which lie would refer, tiiwo was' a t deal of very sound sense; hit the M.r'.i>lfj,was. jiood in places.,end Jiat!. in parts, uili'scr Hl;e a .bad sand" irh —Unj paces Of bread spoilt by olio bad pieeo of

meat. And that was atiaiit as far oiio could .got with "N.r.v Zealand Times" articles. It was said that the "l'imes" articles had a tendon®}* in a certain direction.. Well, to say that was perfectly fair comment-, and the fight of every British journal.

Mr. Morison quoted a "Times" *di* torial attacking the authorities in connection with the strike. The strike, Mr. Morison continued, could havo been dealt with in two ways, The authorities could have dealt with the situation with what force was available jit the outset, ■but that course- would have invited a conflict and caused serious trouble; or they could have waited till they assembled sucli a force that a eonfliet would have been impossible. It was a mattes' of opinion, but tlio suggestion was mada that tile Government was not acting bona lido.

The Abortive Conference. Curiously enough, there was a con■fercßOe that day between tho Citizens' Committee and the Labour Committee, and ho would show that- that conferenfto was important. The conference ended ta nothing, but tho only issue between the two sides, and tho question on which tho conference failed to agree, was that the emplayers wore prepared to give the men everything they wanted if the agreement' so arrived at were registered Wider the Arbitration Act, and this condition tho Labour Committee refused to accept. Hie "Times," in their article of October 23, said that tho employers had no right to compel the, workers to como under the Arbitration Act, and said that the demand of the ship-owners "savoured of coercion." Tho. -conference, as stated, followed this, and tho conference broke down on this very point. It was probable- that tlio union but for tho foot that they felt they had a body of public opinion behind them in resisting tho Arbitration Act, would Jmvo been prepared to settle tho, strike fivo days after it started. Previously, on October 24. tho' "Times'* f said the mm had nothing to justify, their action, but oft October 30 the "Times" said that it'was not quite cigar whether the trouble wan a strike of a tock-QMt. Tfiis was all giving §omfort to those unfortunate jaeft who in their position would- clutch at anything as being publie sympathy, because any great movement of the kind tliey bad entered upon must depend on public opiriipn for its ultimate success or. failure. If the men thought that public opinion was against them they would know that they cculd not [ hold out. One thing to bo admired about strikes was the absolute loyalty of the men to certain principles, . whether tbey wero goed principles or : not was another matter. It was ihere- ■ fore a most ■ unkind thing to encourage these men in tho belief that they were the victims of a lock-out. He would put it to the jury that what TiißDostiS'ios said about those articles was fair cam-' meat. It wasnot said by Tap DoaHsios ' that tlio "Times" had incited these men to violence, but merely that the ■ "Times", had encouraged them as strikers. Hfl spoke alsa.of tho indirect effect of svbas the "Times" had said about the /Government Bill to amend ■ the Arbitration Act. Their advice was ; to tho effect tlrat'arbitration -under t ; lw Bill - : would work unfairly. against strikers, and it wn.s reasonable to say thiitthis advice «nMttraged tho men to hang out agoitist arbitration.

Unsupported Comment. He remarked, upon the fact that tho "Times*' cofament oft tho charge o.f mounted palico in the Boat Office Square was by no means supported by the ao coftUt of the incident in the news columns of the paper, which accsmut, wa-s apparently correct, "Bather, tlio eoinment suggested, that the;! police/ we.ro Unduly aggressive, and were prepared to ride down, women and children and 'defencelass citizens. At a time like that anything sttggostiiis. that tho public woro sympathising with < the law breakers, and Were opposed to the authorities was itf! indirect encouragement to the Jawbreakers. Bearing an the same Incident, the paper had published a contributed artMlo i signed "Grapho," the Statements, in which did not coincide with tho "times'" own account of tho sfewge in tho news columns. In an article on November 3, tho ''Tinies" ■said tho Soyernroont. wottM flat have ■needed to bring such ft- largo armed farce into Wellington had it shown firmness at tho outset, and prevented tha strikers from taking charge of the wharves.

"insidious Support." ■ In that article, the "Times'' saidi— ] ''This apparent -weakness was,, wo believe, part of a w'elklesigncd plan to invite' the present situation as a proIrminary to a dramatic denouement.'' He thought that any Government that Was doing its best to restore order with, the least injury to humau life was'entitled to credit for honestly doing its best, and to suggest that the disorder Was deliberately fostered Was calculated l to encourage the strikers. Ho would submit that it was fair comment for ■ ITHsPoiiKvioN to say that such - atftte- . Plenty Wero Jn tho nature-' of encouragement- to the strikers.

Mr. Skorrettj That is an'attack on. the Government, It, is nothing else. His Honour: What I. understand Mr. Morisan to be arguing fa that the paper has been giving an insidious support to the Red Federation.

Mr. Marisoii agreed that this was his point. On November 3, he continued, there was a proposal for settlement, and again tho question at issue was whether the men should come under tho Arbitration Act or not. The- "Times" had suggested that the -employers should not take advantage.of tho presence in Wellington <sf a large armed force of special constables to coerce the workers ; into coming under the Arbitration Ast, and urged tte employers 'to accept the men's tonus. He submitted that all this sort of thing teiidfid to make the- men out on striko belrevo that they had a large body .of public opinien behind them. It was ,said 'that th«v special constabtesI—who1 —who Were not Tightly termed an armed force—'were out to crush, the trades unionists. Of this and siniila/r statements in .an article the fallowing day, it was fair comment to say that it was an indirect .encouragement to the, men to fight against the permanent law of tho land. He quoted.from other articles to show that the general effect of them was to give encouragement to strikers _te persist, in their fight against the Arbitration Act, and be- pat before the. jury a file of many articles similar to eharfieter.

. Enooqraglrts the Stflkers. Mr. M.orisoiVi continuing, said that the intent of tho article in the "New Zealand Times" was to directly eoepuraga tlje strikers to remain strikers, His Honour: Do you charge tho "New Zealand Times" with wrong' in that respect ? Mr. Morison: I am not. saying, it is wrong. ' I say it was entitled to hold and express an opiiiiaui and equally The Dominion had a-right to com-iiieu't on it.

His Honour; fou say that' the tendency of thesp articles Jn tlio "N\iw Zealand Times" \\ as to • cn'oowrage the strikers to continue as strikers, and thoreloro the •tondo.ttcy of tljp a.rtietos wa& to. 4V3r00 with the lied P'ederatioii, Mi\ S.torison: Oh, no, tliat js a- different thing!, for' tlra bulk of the psoplo did ant lselieVo in the Red FedcTftiiah.

(His Honour: Yoti don't admit .yon havo charged the "New. Xealaivd '.ft'mes" with, agreeing with tte lied Federation ? Mr. Mtirison: Oh. eeriamly not. Owning to the coiwliisio'ii of Ms' address, Mr. • JioHson said that jio .had already stated tjiat the article of Do.fioij;p'ev U ia Iteaipttunaos -ira,s ojik.aa. i

answer to the artielo in the "New Zealand Times" of Beceiflber ID, They were both elef.tioA articles, aiid for the plaintiff _ to take- the moaning out of that article which had been taken cotjld. only be done by giving a meaning to the artielo on Dficember U which tho writer had never meant.. Tlio writer said, "Here is an election, and the 'New Zealand Times' is advocating that the. Liberals should support the- Red Federation candidate. If tlio 'New JZealaivd Times' is supporting the Bod i'edemtion candidate, then the sooner Sir Joseph Ward disavows that tho better." All tho rest was journalistic padding, and it was distorting tho artielo to say it was directed against. . tho,

"Times" newspaper, in its business aspect. It was a question of helping public opinion that _ caused the "limes" artielo to bo criticised nest mornings in the way it was, in The IJox.inion, The position was that tho striko was still ©n, and tlie importance of tho election was not whether Mi'. Masses; got ono sup.porter, nw-i'S or less, in tlio House. Tito question was what effect might tho return of the Red Federation candidate bare upon the strike whieh sfas not then settled.

Newspapers and Crltlolsm. Mr. Morismi said a word upon tho . latitude allowed; to newspapers as distinguished from private individuals in the matter of criticism. Ho quoted ■authorities -to show tho liberty of' tlio ■ Press in this respect. . it was tlio duty of newspapers to comment on public matters. Applying the w'o.rds Used, whether rightly -or wrongly, '£ue Dosjnmn considered that it was r.ot good for the State that tho fled Federation candidate should, at that juncture, bo returned to tho House, and Tug DomtxioN wrote strongly against the Liberals supporting tho Ked federation; and invited Sir Joseph Ward to disavow that. Ho hold that was the proper stand to take* Iti was comment.-

There was no precedent for the action taken. Technioaljy it could bo done, Ho urged the jury, whatever their pofr Heal -opiiiiijns might bo, Whatever {heir views oil the strife, to consider this one I>oint--tljat, oensideritig tlic- nature «s£ the article of December 10, were not the views of Tub DojnNios <m December 11 such view's that any honest malt might have oppressed ? It -was iiot necessary for ttan to agree with the views expressed, what they had to decide was this criticism such as a journalist, in his* duty to the public, should make tipan such a proposal that the Liberal supporters shonldj support the Federation candidate at tiro Lytteltan election?

Objection to Fair G.o.iti!jient r This closed the case for the defence, Mid Mr, .Skorrett indicated that he would putsch all tho articles in tho "New &alaud Times" from Octohe* 22 to December 10 having bearing oil tho strike, which had not been put in by' Mr. Jfcrison. Bs proposed to refer to a very few of them. Be also asked that the plea of fair comment should be withdrawn, on three grounds:—'(l) That the material upon which the. facts were based could not, in any view, justify tha article as a, fair comment; (2) to be a commeJit there had to be facts stated, and the inference then, drawn from these facts; aiid (3) if ho charged a maji with doing, a thing fraudulently and wickedly, tho expression "fraudulent" aiid "wiefc ed" was a statement, of fact, and not a conimftn't.

■ His- Honour: Your point is that ibis is not a comment on the. face of it is a sta'temenf of fact.

Mr. Skerfett said that the charge that they encouraged could not be a e'Manimit,. but in its very <jiatur:e was a sta-toniont <if fact, ■

■ Tho point was reserved, Mr. Morison had tried to laugh' the ease out of Court, but suelt Was ■.an. impassibility, it was argued that The editorial was an electron .nrt'icfe'afid that this action was*'a'suit' upon aii'electwn article. Bid "ii nbS' •occur to Mr. Motisoji .that it was not an. election. leader ? Did ft. not occur to him that, it was an unfair attack, and not at all a fsiir* controversial article? Mr. Moi'ison said; "I dan't Mnrne tho 'New Zealand Times.' Their point of view .was honestly held. It {3 a journal of high standing, it has e> cellont articles. Its reports are very g«odi" Bui this courtesy, those kind words of counsel, wore an attempt to eavo the skin of its client, for ■I'he Dominion accused the "Time.?" of "venomous comments," "distorted ver* sions of current happenings," and so on. Counsel far the defence had presented to tho jury a contrast between what ■ 'I've. BojHkxqn articles were, and What they ought to have been. Was a rival trader, or newspaper, .to be permitted to embark with impunity upon a campaign with a desire to injure the business, tho erethl, and the prosperity of another trader? petjtijfn. in .ail classes of trade ox-efted intense passion., and all Were familiar with' how frequently it was a motive for oppression and cruelty. It was a fact that often a. Wealthy trader would not scruple to strangle his small opponent by all sorts of devices'.

Political Rivalry. There Was in this oasa itofc only trade rivalry, but, .also, political rivalry— not oiie demon, tot two, and political rivalry and jeatasy formed th.6 Worso demon oi the pair, ■■ It was said by Edward Gibbtra Wakefield, nearly fifty years ago that in tho politics of this country every man struck at Jji's opponent's hearty and counsel believed that that saying remained taie. to>dav. It was for the jury to. say whether tlieso trade or political passions \v*ro lo.havo full sway in this country. The jury Imd to say whether' this practice should continue, or whether' people should follow their avocationa on clean, healthy fines. Counsel did not su.pposo for a-, moment that tlje"Tkse.s 1 ' loved feiS Boituiiotv. any fliaro than Tjie IJohiMO-x .loved tlio " , Time§, rt but if tho "Times" had stepped over the line of tho. law ""he DaMrcijo-N would have, hailed it before the law without scruple.

! The "NrZ. Times's" Pocket:, | Mr. Sferrett said that The Doirifcio;? clearly meant that tho "limes-" habitually encouraged the methods of the lied Federation. It had been said that UtfsPoßiSaoN- artlcfe had for its object tlio conversion' of the "Times" on thg subject of the Lytteltoii ejection, hut tho_ talk about that election was the veriest nonsense, absolute humbug, and lads of candour. Referring; to tho "llwes" article of December 10, .winch was said to have provoked nrs Dominion' article, . Mr. Skerreti aid that there, was'- nothing in'it , to eseiio animosity on tho part of ftreDaiii.N-MS; that it was % ..pfirfec'tly fair and honest article. Tiifi DojilStoj,- 1 article, ho said, was vicious, inspired by hatred • arid nMraritobleneSß. It aimed to strike, the "Times" in its most vulnerable part —it 3 poeket. Tlio strike was fit progress at the time, mid there w&re oh the'one hand the business people, .and e.n the other hand the workers.. And w-hnt did ffn-S rjmmox ariicto sayf—'-'lt will not do tho 'Now- Zealand Times' Much good," etc, Was that not more than a hint, a and positive .appeal, to the business somnrmiity to take awa.y their advertising from tlio paper winch was advocating tTio.se It Was a Wow dealt at the heart of this paper-* ii blow dictated by trade rivalry and ■political .iftjteijsy. Was it. fair play and htmoU'raMe cfliduct? However, that: passage from the article <tid not stand akiiCj fikr,The Doaotros said, also, in; .effect, to 1-l.ic "Times," 'Tori are dqp.ifi-; tvl, and we' we isoip't to give yon a Melt ! into the grave," The jury had to, decide; the meaning of the words.' -What: the jury bad to bo satisfied about was the substance .of that i.ii.ivuondo, rt.ii gT tlw, substance'of it was'that the '"Tlihbs'": supported *he methods »f the ttal F«<J-' oration, which were bad and Uicked. ; Mr. Morismj, oF.sours.e, lind eUdwavourecl : to say i-Jia-fr all the imxh nvearift was i iihat tho "limes" lurf glveii a little, en-' 1

rouragc-niont and mpathy to the strikCIS. About Justification.

TliE Dominion bad ail tho "Times" articles, and The Dominion said they' were, articles which advocated and encouraged sedition, taflessncss, ■ n.nd crime. What- dilfic-uHy was there in tlics ivay of The jpoiti.s-ioN if tho articles sua bear that character of proving it to t'lio' hilt? Why did not the dejmidaut isay : "Wo Justify this article., i'ou. aro. a; sedition monger. Sou have onconrageU sedition, ion ba.vo encouraged lawlessness, You b.#w» supported ■■erimo." Do-. fendant had (tone nothing to prove wkc-: thor the conclusions were true, .and all that tho defendant would have had Jto do by way of proof would have been to put in tiio ni'tieles and sa.j\|' "Wciitle)ncn, read those articles and tell me whether you don't think our conclusion is right that tho 'New aSealaiiil Times' is guilty of encouraging sedition." Bab instead of doing this,, ten dol'enciaiit pat in a pica of fair coniSiient. Now "lair comment" meant this: that a public man or a public newspaper was entitled, to liave Jug actions reasonably and fairly and houi-stly criticised, biijb improper motives, crime, could not bo kipuwd to Ally public mail, or .public newspaper, ; or any other iporsoii'. unless this was a fair . and reasonable inference from tho ..proven facts. And it must b& comment based on a■statement of fact; it must bo fair aiid treasonable; and it must bo .without malice It would not bo fair comment to attack a man's character, without setting out the facts., for if tho facts arc set out a man who read the article could judge whether the con,elusion drawn from tho facts was a correct one. B'ut when tlio facts were not set out bow was a man to judge? Tin's article which was the basis a'f tho action did not set 'out tjw fasts. ];t ■made 'tins bald assertion that the "Now Zealand Times" eiieottfaged lawlesstess ■aiid supported Crime. The second tjualih'catioii af pei'inissiblo comnient was that it must be fair afid I'casonable-. tJLO ventured to suggest that tlio jury ■could not iljid in tho article' ai.ty justification for tho stotome jits jiiad'C ill jt to which plaiirti'ifa tocii cscsption, 'Jh© ■action did not concent tho merit or demerit of the Hod federation, Tlife. whole question tor the jury was ■■shethor there was anything in. tho satupies df the "Jtew Zealand Times'' a-iticlcs ivbicb would-justify tho jury in ■6aying. that the "Times" articles supported sedttwh, lawlessness, mid cri'mb;. ventured to suggest thatanio.l'B.fou'Hflationless cliafge was never iiiadc. It was not based ou reasoji. .' It Avals. conceived iij tho aiiger of tho strike time, and born in a reckless disregard fof the rights of others caused, bys animosity mid aiiger. If they bad a thousand of the '"Times"' aftici:o.g theywould see that though til.o "Times s '' always condemned the stri.kp,- It stood fo.f_ fair and just treatment of", tbe strikers. The '"Timps/'i'-w;hi!6' rCcog.niaiug tliat force was nccsssaryj and" that the employment of spcciaT' con- . stables was. iiecessari, maihtained that . after tbe ; strikers ivcro "beaten the : strikers! interest sbonld fio't lie trairipled underfoot, that'thc,y sliouid, :not be treated as defeated men without lights''; bilt that they, sboujd bo treated. Why Was this attitudo ; so £&■ seiitsd?

A Suggested Explanation, Ho would tfll the. jury why* In a' strike of, this kind ,it was eer- ; tain., that great'' . aiiitiiosities would be produced, Miere were smuts 1 natures who in times of strife- .abhorred : moderation. It was horrifying to J thorn, and it .produced in tjieiii a ottriotts frenzy of anger. H.o ventured'to put it to the jury that it Was that itftiror-j .■Pi moderation towards the'e'onehsioiiiof'! tho trouble- tbsit had' 'dictated, to 'a* largo "degree, tho virulent toil*' of Tnii ■ ■.W5,? I W^'i,. ft i'ft ; i 1 ;',. Against tfiai .:HlMiieS;'f;;: ; H(j:;:')ypuW',wiiA out tliat ; this 'comment was tosetf 1 Wk.tiio tinio' when wo. tension was .great? wlieo;. the. : iferarwas iii men's blood,''and wtficij : inoii, many of tlaetn, were unable to '■ think and. reason earefully and. impartially, it was ttt this iimo thr.t this ■extremely offensive article,. jmd, this ■!$-■ peal to tho business people was ni'aW ■by TfiiJ DostN.raS. Ho replied to the ■eonSention of Mr. Jlorlsato "that severaf' Of tlio artie'les in the '"i?d\v . Zealand firaos" during the strike were- calculated to encourage the strikers, argu-i i.hg that the- articles WCre not ■capaTke' 1 : of .'bearing this meaning. The last requirement 0 f permissible comment was that it .should bo made bona. fide. It, vas"'ridiculous and ojiildr.', (sh to call this comment justified, and ■! it was still njore childish to: call ft' bona | fide. It was ruslicie-usj, aiul transparent in every word* Mid it Would ho inipos- ■ stole to say. that, the article was fair-i ■minded,, hqnest criticism.

Tfie Q.u.estiph df banissssi The questioii of damages was a rii.atfef for tho. jury, H<j subiuittod that on tho evidence tlioy n;ero ohtitledto a verdict, lji oxiiig tho amotjilt of daiiiaftc, tho jury had to look -at- tk© libel, tiio expressions in the libel.,- a-nd -lbs conduct of fa B&iniciQN fmiii the.time' tho article was. written ' and -'published down to the time ,x)t '.trial. ' The'jury were entitled to give pimitivo damages.. They wwo eh'tit'leel to "mark tlio'ir seivso t>i _ .tho imptopriflty -.of tho article by . awardiirg ikjiiKi'ges wJiieii would .pimis.li -tiio defeiidimts tor t-boi-r oon-dUct It was impossible, in. ■iif'ises of tiro nature of tiio nrtisigftt on&. to .point to evideiico of actual daftiiigc' fhxf ljb.sl was _pylilis.fc.ed on DeccmlTe'r' 11, and tho writ was issued oh. -tiecem-* ; bor 15, and tkcrefore any daniago' wb'jild ii.gt bo pppafoui at thjit time.-, »n : d.- e'yi* fleiico of dajiiage could;- oivly 'ho 'gtaon iip to.the date'- ; of. the issu« -of'tne vfflit. . His Honour $aid th.st if tnero was' ■p.fo;sppct;ivo d«*>ago likely t-feey cauld award for that.

■Cofftuiuiiigj MivS.kerrc'tt said that ,£bo jury woto entitled to take tho whole cii-Gtttostafte.es. Th» article 'Was written at a. -critical tkjo, and it- was ivriiten with, tho obja&fc b'i ruining; or greatly intw'mfa. tho..iasi<«!ss of tiro "Xmv %& bnd'M'iiVos." It was a- serious,- outifag., alid msMioii,? attempt to tak<* away from thfe ".ftow Zcalai.idf Tiiuos" -a source if ■its -rwen-uo, and it Was said at fto tinjfl wheti it was hopeful of success, because iho bivsiitess conjiiiti-iiity were arrayed oil oho Sido and tiio workers on tho'other, 'l%e artielo was written not iii -the:'in*, teros'te -of tiio public, but in the -pursirifc• of a private jnamit 'lliey kitew tiio ; power of ealunm,y.. a lis a start' nJicl they \s-ouJd never c'tfich jt tip-, Whot had been, tile- ttttitit.de.. of I'ltis 'Jjosi'ssiiMin tho covlrt? Mr. Moiiisori jiad used houeyed words. :b' ; U't -kad' there- hem airy apology for the libel ? Had Tin;, JJbstjN-. : loir'cijiifß forward and .said tfloy jia'ct: i.nado «\ iniis.t.skej ajiel wore, soii-ry ■■an.ti ■woufel witlidrit.w anyiWiig Hiikind'?' 'oii : fejie contrary, tjicy bad Oiicjcavoured t<i ■ .justify tbeir coiidti.et.it.poii : .a--6i<le issup■ by eiideavoivring 1» say fhe .article, was.; coniinctit. Ho as-kccl. tho jriry to tinirliS their sense of Jllo ..gross itoPtoiiriety .b| : tile article,-by awarding Siibstjiiiiial^aiii.- ; ages,' The "Kg-v "Zeditn.d Tjn.'tes" Jia'd:. : ■tigmo to tho Court. If 'ftey.iiad..passed : ■the article wft',io.it libticOj'-if they 'had ■not faced tiio Jurymen of t.&oii; -eoitittijv wiicr-0 woujd that kind of ft-Sticle %-v : e-' stopped? "Hq Ventured.ip'-say it -would-nb-t'Ti-avo stop.jjorl -till it -onfle'd fa -disa's* tor to the biisiiiess «f tli-e ebWiry. '

Quos.thri ef Issued This closed tfc ease, ,aiid 'the question of .issues «:as raised. ,Mr, Xlorisbn /said that ojje iss(i« teas:: ©id tho attfcfe'ivfrtask tiro Jreivsjiajior ap {life ea'iiit>ahjy?.Thece was .tJsb the qttestioii as to ffTiipi per. t!io words ftiito the leaning at icged, and were tftb}> Mr cosmictit, fn to .puMi'B itii;prest, nft.d Aether %ov nffectod tilt) Jiewspaper or ike .plaifttiif. company

.His Honaur said thfrfc tlic'fo waiilii he direction oh (Ms paint, and 'it \vo\ilrt be ■far tilts jury to say, ©h.tivp- language, ftiieftor, il? itas ait .atthefc on t).i,a : ..coh> paiij: or qirl'lio goods, of the <fphlpsa».y. Another issue was wiiqtlio'r -£hj> art&l'O'

was fair comment, and .published witbr out; pialice. As regarded 'thji■.question, of pJalicOj tbo only evidence,.was' ■Vdiafc S\ - as inferred from tbe, 'article Itself.

. Mr. Skorrot't: Of course tliero'is .iho lalvtsuago of tho artjcl'c.

His Honour: Ai'lotli.er is.s'ub : .-willi'bo: if tho epmwcnt is not justifiable, .'tbcii w'iiat is tho "damage to the pl'tiintiffsv.lf tlio defence of fair CGinmeiit .is.liot'sjfe.taiiied., tbeii it is. a 'question, fiimply of dawngCS. At this gtiife tb'p Gouit adjourA'cd;' His Honour will addtesS the juty : ai..10 o'clock this monsing.