ALLEGED BLACKMAIL.

Wairarapa Daily Times, Volume XII, Issue 3963, 14 November 1891, Page 2

ALLEGED BLACKMAIL.

Smith v. Williams.

In the R.M. Court, Masterton, yesterday afternoon, before Colonel Roberts, R.M., the case J. J. Smith v. T. C. Williams, a claim for £9 for advertising, was proceeded with. Mr Beard, who appeared for the defendant, stated that he wished to call J. J. Smith, the plaintiff. Mr Pownall objected to further evidence being taken, on the grounds I that the case had been closed. He was prepared to argue only on the evidence given. Mr Beard slated that the case had been adjourned, sine die. The Bench decided that the witness could be called.

J. J. Smith, sworn, stated: I am the plaintiff in this action. On July 29th I caused to be inserted in my paper a letter which appeared in the N.Z. Times signed "T. C. Williams." The footnote at the bottom of the letter caused me to insert it. Prior to its insertion f had some conversai tion with my solioitor on the matter. About an hour before the publication of the letter Ireceived a telegram from the defendant, stating that if I published it I did so free of charge, t replied stating that the letter was already in type and could not be withdrawn.

By Mr Pownall: I saw the original advertisement in the N. Z. Times. It was headed "advertisement." As far as a newspaper is concerned 'Jie heading to the letter signifies advertisement. There is no newspaper in the colony which would copy the letter as it is not an item of news. The most of it is abuse of the Wairarapa Star. Had the footnote read, " Wairarapa papers please copy" I should not have copied it. The majority of papers charge for births, deaths, and marriages, although I do not. If a birth notice appeared in the Post with the word " advertisement" over it, similar to the present letter, I should certainly publish it and make a charge for it. The word " advertisement " is never overbirths, deaths, and marriages. It is not a universal custom to charge for births, deaths, and marriages I know Mr Kirkbride, and would take him to be about forty years of age. I know him very well. He must have gained hi 9 experience from the Marion Advocate. I know Mr Ashbolt as foreman printer of the N. Z. Times. He would know very little about the publication of a letter like the present. It the letter had been headed " Evening Press please copy" Mr Kirkbrido would have copied it. There is a distinct difference between a letter headed " advertisement" and one coming in as ordinary correspondence. It is customary and usual for us to copy an advertisement from another paper without a direct order. By Mr Beard : If it had been a notice of a death with " advertisement " over it I should have charged for it. If a death notice appearing in the N.Z. Times was headed "advertisement " with the addendum " Wairarapa Star please copy." I should have inserted it, but should have made enquiries and ascertained who was to be charged. I consulted ray solicitor as to what he took the footnote to mean. I had no doubts about it, but 1 wished to see if my solicitor bore out my estimate of it. I generally consult my solicitor, but not ou matters on which I have no doubt. My paper is a Wairarapa paper, but I would not have considered it a distinct order if the footnote had read, " Wairarapa papers please copy." The papers might have copied it, but would not have charged. The word " Star " made it a distinct order. If the letter had been addressed to the individual proprietors of the Wairarapa papers by name I should have treated it as . a distinct order. 1 have had twentyfive years experience, obtained in the Wairarapa principally. I am now thirty-two years of age, so that I commenced my experience when I was seven. A. W. Hogg, sworn, stated : I have had about twenty-five years' experience on town and country newspapers. I have been on tho Otago Guardian (Dunedin), .the Dunedin Age, the Ashburton Mail, and South Canter-

bury Times. The great majority of papers make a charge for births, deaths, and marriages. The word " advertisement" over the letter of

Mr T. C. Williams certainly appears to me like an order. If a birth, death or marriage notice was headed advertisement, with the name of the paper added which was requested to copy, I might make a charge for it. The word " advertisement " over a letter signifies that it is not an ordinary letter, but is outside of the editorial control. I cannot speak as to custom in this case, the action is an entirely novel one to me. This appears to me to be a case in which a newspaper proprietor has a right to charge. I am not speaking from custom. I am not aware that any custom exists amongst news-« .papers to publish letters that appear as 1 advertisements without (charging for them. I should neyer thp| of copying 'letters' liead e 4 ."advertisement" unless explicitly instructed, because as a rule they are not of a public character or of public importance. If accompanied with an order I should copy the letter. The footnote to the present letter certainly seems like an instruction'to copy. By Mr Beard:'l scarcely think I should have copied'the letter and charged for it, because I usually act with a little caution. The thing appears a little sharp. Mr Smith might have placed a different construction upon footnote than J did. Ido not think I should have copied it. Mr Smjth acted rather sharply, but I do not consider it indiscreet. I have never seen a ease'like this before, but I do not consider it an attempt at blackmail. I should have copied a birth, marriage or death if it had a footnote, " Wairarapa Star please copy," but the present letter is on a different footing. Letters do sometimes appear under the heading ' advertisement.'whicharenotchargedfor. I have inserted them myself, butvery rarely. lam interested in the sue • cess and profits of the Star. By Mr Pownall: Mr T. C. Williams has no interest in my paper.

' MrPowri'all', in arguing ' ihe case for the pla'ritiff, urged : thai? the'qHies t'ion of custom should not be considered. The Court had to consider whether therfc was sticji a proposal oh the part of Mr Williams- and such an acceptance on the part of Mr Smith as would make tha contract a binding'one. The heading '.'advertisement •"' made'the'letfer'a trade one, and the footnote was a su'mcient order! The position of the Star he h<}ld to jbc' considerably'strengthened by the telegram' forwarded 'by Mr Williams, cpunWrnancurig the brder. If ty't Williams did riot "consider he had giyen ap'prdpr, vjjy did ue send the countermanding telegram ? Thg newspaper editors who bad been

called to give evidence on the question of custom were strangely enough opposed to the Star. Mr Beard submitted that of all the farcical actions which hud been brought by one person against another this was the most palpable. Instead of acting as he should have done according to the opinion of hie own editor, and waited for further instructions, Mr Smith had acted decidedly in a sharp manner. Mr Hogg, who was essentially the mouthpiece of the Wairarapa Star, had said he would not copy the letter without specific instructions. There was absolutely no contract in this case, but simply a suggestion that the Star could copy the letter if it wished. Jn support of bis argument he cited several authorities. He contended that there was nothing upon which the plaintiff could base bis claim.

Mr Pownall having replied at some length, His Worship announced that he would reserve his decision till next day. His Worship this morning gave judgment for defendant, with Court costs 9s, and witness' and counsel's fee £7 lis 3d.

Leave was formally given to Mr Pownall to appeal.