Another Libel Case.

Wairarapa Daily Times, Volume XV, Issue 4762, 2 July 1894, Page 3

Another Libel Case.

Mtan v DargilL (By Telfegmph.—Press Association WkMiINOTdx, Monday, In the Supreme Court this mom ing tho action N. Nathan v W. 0 Cargill, proprietor of fcho "Wairampt Star, in which plaintiff claim; £6OO for alleged libel was com mcnccd. Mr Edwards appears for the plain tiff Mid Mr Fownall for tho defend ant, Tho claim is based'upon the fol lowing artido appearing in the Wai rarapa 6'(ar of February Bth, as 8 Wellington telegram:—" A genth primitivo gentleman, one of tin chosen people—©no of those heautioi who" lays figin "anything and win fattens on tho follies and vices of tlii silly knowing ones—who, invariably suro of (i " dead bird," make Bill) donkeys of themselves—accompanici byabovyof daughter of Mali gave a splendid specimen of wha he designates " chin music " in tin stalls of tho Opova House last night Proceeding to tho scats ho hai booked tho descendant of' thai old free-lover Israel found a well •known lawyer, ,who is pretty c[uiei with his duties, occupying, with twi ladies, tho Hebraic one's scat, Th< lawyer, it appears, bought the sami scats, and refused to givo them up and a nicolittlo interlude ensued, II was a monologue entertainment oi the part of the bookie, who rappet out his superstitions quicker than i Hansard man could tako them down Tho sontqnees woro clioio'o and vol rounded, Tho blackguard at longtl drow breath just as tho roluctan usher languidly arrived on the scene Subsequently the enraged Judishc thumped the offending usher, am madp things hum geuerally," On the 12th of .February tho fol lowing also appeared in tho iiar "Nat, Nathan, bookmaker, appear on summons in tho Magistrate' Court to-morrow charged with com mitting an assault on William Lin loy, chcck'takcr at the stalls of th Opera House on Wednesday nighl Thedefcndantfindinghisseatjunipoi by Mr Wilford, solicitor, and tw ladies, requested theformoeto "get, 1 which tho lawyer refused to do as h asserted ho had secured the sum soatsduringtheday. Thereupon Nat, it is alleged, gavo a specimen of Eng lish as it should not be spoken, am 'wentfor' Linloy." Plaintiff alleges he is accused o 1 dishonesty in his.business relation with his customers; that ho was o immoral charaotcr ; and.that hi i had used obscne language, - Tho only witness called for th ' plaintiff was Mr A. Gray, solicitor ■ who said ho considered tho articl i imputed bad language fq tljo nljiiii I tiffin thoOppra Hqusp, ' . ' 'For defepe Wn%. Pope said on {no ovening of the flocunpiicc, h iVas acting as assistant vshei, wboi Nathan camo m with, tv» ludips, and finding his seats uo ii cupicd bj Mi Wilfoi'd, solicitoi i dpmanded thim, eajing ho ha< paid his "goodgieed," nndwouli hm the scats, Witness offered t '•V ".'/ f 1 \ " « J f ""-1}

g{y© tKo 1 wliißßptner t«, bnp atla'ai - demanded % those .mlrkeWuiffihu?; tickeli'jln'thointerval lioiwlathan ■ holding': 1 the'/ usher Ijin ley - my; tllb ' collar of hißcoat,thrc|feningldash his-*.brains, out,and/ using ■pfanb languiigci';! Witness cjdli'dNjair'a , coward, and ho lot the l»7,'KHThis , occurred near the stalls' tkftjox; while tho people wero coik, ' o^ and created a great oscitonießJv ' • William Linley, nsbor, Mißvlibn ! Nathan found his seals threatened to" break ip'"°'■jw " if ho did not get his ""W tWlinn' ] afterwards shook witne* and knocked . his head against the 'will. Witness laid an information aglinst Nathan J for assault,but tho cascdld not come ' to a hearing. ■•.- Askod why not,witnts refused to j answer, and after discui ion bo'twebn ' counsel on both sides aijUlieJudge, ' ho said the manager of sHHCompnnyhad gono to his and asked him to settle the the caso was settled. . I^H A. Gray, solicitor, W ng sitting behind Mr the night in question; wlioHthan claimed the seats. Wiß re . fused to move, and askod for tho manager. TlHarrcl lasted somo fivo.miuntes.Bnloy was insolent in his manner,Hh to Nathan and Wilford. Thoißs a good deal of noiso, which »still going on when tho curtain \M up, Nathan insisting on having tßeiits ho had bought, Evcntualß the ladies wore accoiumodatciifcith seats and Nathan fouijiftorlers. Tho strongest cxpres'in ho heard Nathan uso was "]f you . don't bring the manager, I'll stop the show, r Cross-examined: Did not ion-' i sider tho description of Nt him'ibo- ■ haviour in tho first artich justified. . Nathan's voico was rather .oudjnit , ho did not use any had inguige. : Did not uso tho words" Goi Igrcld." , Nathan did nothing more t an slow • annoyancoat the invnsic. of [his i rights nnd at tho insolom of the i usher, neither, could he, a] mrenlly, i got redress for his grievwt. (• I [Left Sitting,] | ■