"LAMBING DOWN"

Taranaki Daily News, Volume LI, Issue 232, 24 September 1908, Page 2

"LAMBING DOWN"

Gl SHORN JS LIBEL ACTION. VERDICT FOR "THE NEWSPAPER. By Telegraph. — Press Association. Gisbornc, Last Night. Tremendous interest was taken locally in tlie libel case instituted by Joseph Burke,. hotelkeeper, against the Gisborne Times newspaper for publishing a "lambing-down" paragraph alleging that a "lambing-down" case ltad occurred at plaintiff's hotel. The evidence having been concluded yesterday, counsel to-day addressed the jury. Mr. George Hutchison, of Wanganui (counsel for the defendant company) spoke for aji 1101111 and a-ha!f. I He made a powerful declaration whi-ih was followed with the closest interest by all in the Court. He concluded Ids address s oinewhat sensationally by pointing to the plaintiff and dramatically exclaiming as follows: "This 111:111 should l)o told, as his barman told him, that the cap fitted hiin. He puts it 011 at this moment. He is wearing that cap and he will wear it to his dying day as 'Burke, the lamber-down.'" Mr. Kees, replying for the ulainttf, was obviously at a disadvantage in deeming it necessary to admit that he could not claim credence for his chief witness (the plaintiff), nor for the prinI cipal documentary evidence, an 1.0.U, form.

The Judge, in his summing-up. ev pressed the opinion that Mr. Kees had acted wisely in this respect. The jury were absent about an hour, and then returned with the following verdict:—''We find that Pearson arrived at Burke's hotel, the Record Reign, on 3rd August. He (Pearson) had in his position then a cheque for bullion £37 18s and about £5 (is in notes and silver, and that Burke got possession of the said cheque for £37 IBs a'nd notes £5, and he (Burke) has failed to satisfactorily account for the disposal of the above moneys, and that he (Burke) permitted Pearson to ha.e as much intoxicating liquor as he asked for from time to time, to Pearson's detriment physically and mdrally, We find that the defendant company has fully justified their publication of the facts concerning one of the most deplorable 'lambing-down' cases that has occurred in our midst. We therefore give our verdict in favor of the defendant company." Upon receipt of the verdict his Honor said: "I quite agree with your verdict, f think in this ease the defendant hasdone a public service, and it is to be hoped it will bear fruit. Of course, in connection' with this 'lambing-down' case it is very lamentable that it should reflect upon other hotclkeepers who do conduct their businesses in a proper and respect able manner."

Costs were allowed on the middle scale. It is understood they will amount to about £7O.