PHILIP NEWBURY AWARDED £500 DAMAGES

Dominion, Volume 14, Issue 81, 30 December 1920, Page 7

PHILIP NEWBURY AWARDED £500 DAMAGES

NEWSPAPER CRITICISM OF CONCERT. In tho action instituted *>7 Philip Newbury, t'he well-known singer, against tho "Triad" Magazine, Ltd.,. and Samuel ,E. Lees, Ltd., publishers of tho "Triad," a claim fgr ,£SOOO damages for libel, tho jury returned a verdict for tho plaintiff for XSOO. Tlio libel complained of appeared in a criticism which, tho "Triad" published of Mr. Newbury's singing in a performance of "The Boatitudes" at a Philharmonic Society's concort in Melbourne in July last. This criticism, alluding to Mr. Newbury's first solo, spoko of "a determined and appalling sound which suddenly broke upon the affrighted car," and of "tlio peculiar trussed-turkey quality of his squawk," and went on, "at tirues his throat appears to .possess tho real 'rigor mortis' rigidiiv, and yet to bo actively engaged in voice production of an excruciating and persistent nature." The defendants entered a plea of not guilty. In tho case for the defence the editor of the "Triad" etfated that Mr. Newbury, when ho mot him after tho criticism appeared, explained to him that he was in very bud. voico on tlio .night of tho coftcert, and that in the following issuo of (lie magazine a paragraph to that effect was publifihod.

Mr.. Justico Ferguson, in summing up to tlio jury, put to them tlio two issues raised in tho case, ns to whother tlia conjinent fell ivitthiti. the legal definition of libel by holding tho plaintiff up to public hatred, ridiculc, and contempt, and whether it was written maliciously. Public ontortainors, ho said, wore liablo to comment, and if tho comment! did not bo too far were not entitled to. damage?. Tho jury did not havo to consider whother tho paragraph was in good taste. They might como tio the conclusion that it was correct. It was not.neces' sary for them to believo it was justified. Tho jury had merely to decide whother it was fair crMcism, and whether it did not oxceed what a fair-minded man might say whether they agreed with it or not. .After tlio jury had returned into court with a. vordicti of .£SOO for the plaintiff, a stay of proceedings was granted on terms.