SINGER’S LIBEL ACTION.

Taranaki Daily News, 8 January 1921, Page 10

SINGER’S LIBEL ACTION.

NEWBURY AWARDED £6OO. Sydney, Dec. 24. Sydney has taken much interest in the case heard this week in which Philip Newbury, the well-known tenor singer, sued the Triad magazine for £5OOO for alleged defamatory statements. The basis of the action was a criticism by the Triad of Mr. Newbury’s singing in “The Beatitudes,” produced by the Melbourne ’ Philharmonic Society last July. The Triad said:— “But the heavy artillery of the blame should be reserved for Mr. Philip Newbury. He was the first solo voice heard in ‘The Beatitudes’ at the opening of the prologue. Here a determined and appalling sound suddenly broke upon the affrighted air with the words, ‘Night brooded then o’er the land.’ The peculiar trussed-turkey quality of his squawk is somewhat difficult of analysis. At times his throat appeared to possess the real rigor mortis rigidity and yet to be actively engaged in voice production of an excruciating and persistent nature.”

This was not the sort of criticism which any artist would accept kindly. Mr. Newbury; however, did not at once decide to take action, but he sought an engagement on the Fuller circuit, and had an interview with Mr. Mack, formerly Fuller’s manager in Wellington and now general manager. Mr. Newbury had been through New Zealand about three years ago on a Fuller tour at £9O a week. He now suggested another tour at £35 a week. But Mr. Mack told him that in view of the Triad critics he would not think of making an engagement with Mr. Newbury. The Triad pleaded its right to fair criticism, but the jury appeared to be more impressed with the evidence of Mr. Mack, and awarded £5OO. A stay of proceedings was granted, and the verdict will be made the subject of legal attack. Mr. Newbury meanwhile is going to fill an American engagement.