ALLEGED LIBELLOUS CARTOON

Taranaki Daily News, Volume LIII, Issue 239, 15 February 1911, Page 8

ALLEGED LIBELLOUS CARTOON

M'u MASSEY AND THE TIMES. By Cable.—l'ri'ss Aiafeion.—Copyright. Wellington, February 14. The ia.se W. I''. \uu>ey (Leader of the Opposition) v. aciv Zealand Times, a claim for £2110.0 damages in respect to ;i libel contained in a cartoon published by tlie defendant company on December 3, 11110, was commenced before iur. Justice Chapman and a jury of twelve. Mr. Bell, K.C., witii him .Mr. A. Cray, is acting for tlie plaintill', and Mr. Solomon, K.C., and Mr. Blair for defendants.

Mr. Bell said a pamphlet reflecting on the Premier was published in I<JlO, Of this pamphlet plaintill' denied nil knowledge. The cartoon in the Times showed a donkey labelled Ananias hitched to a waggon lull of packages labelled ''Dead Men's Characters, Scandalniongery, Defamation, Startling Revelations, Pamphlets, Fire," etc.' These, Mr. Bell contended, were meant to convey that they comprised the driver's stock-in-trade. There was only one person entitled to hitch the Opposition waggon and drive it, and that was the leader of the party. The figure of the driver had a bald head, scanty grey hair, and ft thick figure with a'very thick neck, the figure generally used by caricaturists to represent Mr. Massey. The only question for the jury to decide was whether the picture represented Mr. Massey and that he was hitching his waggon to a lie. He contended that the caricature was not a political one, but conveyed t(ie impression that Mr. Massey was personally dishonorable. Mr. Bell, continuing, claimed that the position of the Times as a leading and influential daily, generally considered to be well conducted, only tended to make the matter more serious. The cartoon was a deliberate attempt to illus- , trate Dr. Findlay's remarks in the Lecis- , lative Council. a

Mr. F. J. Kirby, editor of the Times, produced the original of the cartoon, Mr. Bell then put in a number of other cartoons of Mr. Massev which had appeared in the Times.

Mr. Heinrich von Haast, solicitor, deposed that he considered the figure that of Mr. Massey, and that the packages comprised the Opposition stock-in-trade. To Mr. Solomon: He was a s-upporter of the Opposition. He had read tne report of the discussion of November 30 in the Lower House, but could not give the name of any member who mentioned Mr. Massey personally. Mr. Bell protested' asrainst this line of cross-examination, but Mr. Justice Chapman ruled against him, holding that the discussion in the House had a bearing on the cartoon.

Witness said: "I remember readme that Mr. Taylor, M.P., imputed the pamphlet to the Opposition Party." Witness thought that Dr. Findlay referred to the Opposition politicians when he said the words, "Hitch a waggon to a

MR. FRASER ChOSS-EXAMINED. Mr William Fraser, M.P., a member of the Opposition Party, said that when he saw the cartoon his impression was that it was intended to refer to Mr. Massey. The words in the cartoon, coupled with what he had heard in the House during the debate, conveyed to him that the Opposit'on was responsible for producing the Black pamphlet. Mr. Solomon: Didn't the paper frankv accept Mr. Massey's explanation that he had nothing to do with the pamphlet.-, les, and then they issued the cartoon.

Mr Solomon: Don't you think that allegations of .falsehood, want of bv n theV d arC ql "' te Commoll by the respective leauers of your party with regard to the actions of the vernment?—No.

Mr. Solomon: Nor that your leader has accused the Government of Tammany ism?-Witness: Yes. tw r 'T S ° lom0n . : Mr " Mass >ev being told tnat Tammanvism meant corruption has with t fr VoUld ° harge the Gover nment *jth it from every platform in the col-

Witness; What? fact?' S ° lomon: Xever mind, isn't it a tn £r- Prol) a'>ly he may have. hosaifhT I ,'; I>o f yoil , tllink «'l>™ menT partyf ° '' efe,Ted to tllc Go "mAhssi»v =n "■ ° n ID ° yOU reme niber Mr! tuWtJv' 1 " tne onl - v be. tio"wil thiTTheT 1 nnd tho op p°siest? Opposition was hon-q-^Sfiod" 1 (Uughten) WflS " 0t th e °im pressi on "conv p ved 6 to' th *"l' cartoon was tliaT thl • ? n b - r thc intended to represent Cifassty 6 this adjourned