POLITICAL LIBEL CASE

Taranaki Daily News, Volume LIII, Issue 240, 16 February 1911, Page 5

POLITICAL LIBEL CASE

MR. MASSEY v. THE TIMES. YESTERDAY'S PROCEEDINGS. By Telegraph.—Press Association. Wellington, Wednesday. The case resumed tnis morning. Mr. W. A. Bowring, artist and cartoonist, said he considered the cartoon undoubtedly depicted Mr. Massey distributing the articles shown in the waggon. H was possible that the words "we are the party" were intended to show the Opposition party was distributing the contents ot the waggon. Mr. Massey was the next witness." He said that he had been in the House nearly 17 years. Although he had been often politically cartooned he had never before brought an action. He had no doubt the ligure was meant for him. He had never had anything directly or indirectly to do with the publication of the Black pamphlet, and would retire from public life if it could be proved to the contrary. He did not consider th'ut the discussion in the House absolutely exonerated him from the imputation that had been connected with the Black pamphlet He considered the cartoon was a cold-blooded and deliberate libel on himself.

To Mr. Solomon: Immediately he saw the cartoon he went straight away to his legal adviser and a writ was issued the same day. He did not know the original writ was confined to the claim in respect of imputation "as to the Black pamphlet. He had not seen that. Mr. T. E. Taylor recently characterised witness as a liar regarding statements made in the House, but if so there was plenty of time to deal with Mr. Taylor. He had referred to the Government as a whole when speaking on the Hine charges. He believed each member of the Cabinet personally to be honest. He believed the cartoon was inspired Dy a member of the Government. He had heard it said that the pamphlet was distributed not only for gain but mainly to damage Sir Joseph Ward, and a number of members had reflected on the Opposition in connection therewith. Mr. Taylor, in the House, at a late stage oi the discussion, had denied having blamed the Opposition. As he had expressed sympathy in the House with Sir Joseph Ward as to the pamphlet, he did not consider it necessary •to write him a letter of sympathy. Mr. Massey said he considered the Times' remarks two days before the publication of the cartoon to be only a qualified denial of the imputation. He considered Dr. Findlay's speech in the Council to be clearer but unfair. He considered that the thanks of the country were due to Mr. Hine for his action. What witness considered Tammanyism was such actions as Government refusing to give advertisements to Opposition papers, appointing to the Legislative Council men whose only claim to distinction was their sinking money in Government papers, and also reckless expenditure of public monies just prior to elections.

This closed the case for the. prosecii' tion.

Mr, Solomon said he called no evl dence. v .

Mr. Bell, addressing the jury, said that the fact of the defonce calling no evidence showed that no honorable citizen dared to come to court and deny that the cartoon depicted Mr. Massey. If defendants had unintentionally used a figure resembling Mr. Massey it would have been different, but the figure had been purposely used and deliberately depicted Mr. Masesy hitching liis waggon to a lie. Counsel admitted that the Opposition Party as a whole had been attacked, but it had been attacked with Mr. Massey as its head hitching a waggon to a lie. Mr. Bell referred to Dr. Findlay's speech in the Council, and attributed to it the change in the Times' attitude from November 30 to December 3. The only way the Times could execute the volte face without openly recalling the article of November 30 they took advantage of, and the cartoon was printed; Referring to the question of damages, counsel pointed out that far heavier damages than were claimed in this case had been awarded in libel cases which were considered partly political. Mr. Solomon, for defendants, said it was important to see what plaintiff claimed damages for. Counsel had said that the criticism was of the Opposition. The jury's duty was to find for defendants if Mr. Massey were simply maligned as head of the Opposition, as Mr. Massey bad not claimed on that account. Air. Solomon then dwelt on what he called the volte face of counsel for plaintiff, who yesterday said that the defamation was not of the Opposition Party but of Mr. Massey personally, and now said that the defamation was of the party and thus incidentally of Mr. Massey. The Times was a reputable paper, and a credit to any town, and surely such a paper would not attack a man without cause. Even Mr. Massey and Mr. Fraser in evidence said it was obviously an attack on the party, qualifying this by saying that this dragged in Mr. Massey. The cartoon was perhaps meant to convey that Mr. Massey was politicaly a liar and that should evidently have been taken as n compliment, taking Mr. Massey's view of politicians as given that morning". Counsel had not called evidence because defendants did not dispute that the cartoon depicted Mr. Massey politically, and even plaintiff's own witnesses had said the cartoon referred to the party. Counsel concluded by saying that Mr. Massey should treat, attacks by his opponents in the same light as his own attacks on others were treated.

VERDICT FOR DEFENDANT. POLITICAL CARTOON, AND NOT LIBELLOUS. Wellington, Last Night. After a brief summing up, Mr. Justice Chapman put the following issues to the jury: (1) Whether Mr. Massey was described in the cartoon; (2) Whether the cartoon imputed to him that he had been, despite his disclaimer, connected with the distribution of this scurrilous pamphlet; (3) If thev found that the plaintiff had made out his case, whether he was entitled to damages on one or other of these charges. After a retirement of two hours and a half the jury returned with the following answers: (1) We are of opinion that the figure represents Mr. Massey; (2) We are of opinion that this is a political cartoon, and is not libellous. His Honor: That is a, verdict for defendants, and I will direct accordingly. Right of appeal was reserved to pTa'ititilV.