ACTRESS AND POSTCARDS.

Auckland Star, Volume XXXVIII, Issue 65, 16 March 1907, Page 13

ACTRESS AND POSTCARDS.

ACTIO- BS MISS GHK.TIB . _TT/..A__.

Judge, counsel, and a well-known Gaiety, actress all combined to brisnten the precincts of the King's Bench, London in a case begun there on Monday, January _S.

The Gaiety actress, Miss Gertie Millar. (Mrs Lionel Monckton) took exception to the publication by Messrs Ralph, Dunn and Co., of picture postcards representing her head on other ladies' shoulders.

Mr Foote, K.C., who opened the case, asked for_damages on the ground that the "faked" postcards were libellous, and likely to bring plaintiff into contempt. In the result, however, the jury found for the defendants, as there was no evidence of Miss Millar having suffered any damage.

The postcards complained of were three in number:

A lady in her nightdress with-a candle in her hand.

A young lady, which it was said was taken from the picture "La Source." The figure was draped in a peculiar way, and tho lady appeared to be about to take the drapery off. A lady crawling out of an eggshell. Counsel explained that each of these pictures bore Miss Millar's head, and anyone looking at these would assume that 6he had been photographed in these positions, whereas defendants had procured a photo of her and concocted the postcard pictures. The first card, said counsel, had given Miss Millar much pain. The idea, the defendants said, they took from a character in "A Night Out" at the Vaudeville. With regard to the second postcard, it was one thing as a work of art, but quite different when the figure was represented to be that of a well-known lady. ACTRESS'S AND COUNSEL'S FEES. Miss Gertie Millar, wearing a black velvet dress, heavy sable furs, and a brown fur toque, told Mr Powell, K.C., who appeared for the defence, that she was now playing the title-role in "The New Aladdin." As a man she had appeared in knee breeches and high boots, and she had, in male parts, appeared as a costermonger and Mexican cowboy. In such costumes she had allowed her photograph to be published.

Have you ever sat for a photographer who has offered you a fee for doing so?— I never sit without one. (Laughter.)

Mr Justice Darling: Just as you, Mr Powell, never stand up without one. (Laughter.)

Mr Powell: I don't object to it. I wish I got a fee every time I stood up. (Laughter.) <To Plaintiff): They can then sell your photograph and make something out of it? —I suppose they do.

Mr Powell: Do you say you object to your photograph

Miss Millar (interrupting): I always Insist that my head is on my own body (Laugiter.)

Witness was handed the picture postcard of a pie lull of actresses. In additica to herself, the ladies in the pie were Mis. Billie Burke, Miss Ellaline Terriss, Misa Zena Dare, Miss Phyllis Dare, Miss Marie Studholme, and Miss Gabrielle Ray.—Wit ness denied she ever took part in such a group. QUEEN VICTORIA CALLED FROM HER BED. Coming to the night-dress post-card, Mi Powell inquired: Would you object to play Juliet in a nightdress?—l could not play Juliet. Mr Justice Darling: You must remember it would be a nightdress in Verona The people of Verona wore nothing but the richest of brocade, day and nighL (Laughter.)

Have you ever seen the picture of which that (handing up a card) is a photograph! —No. Have you never heard how her late Majesty appeared to the Archbishop anc the Lord Chamberlain on the morning ol her accession?— That was before my time, you see. (Loud laughter.)

Mr Powell: Queen Victoria was called from h-er bed, and came down as she appears. Mr Justice Darling: If you are going to inherit the British Empire you may strain a point. (Laughter.)

lon know that Othello is smothered in bed—(loud laughter)—l beg pardon, you know that Desdemona is smothered in bed by Othello, and Desdemona is in hor nightdress?— Yes. You do not suggest that the ladies who hare played the part of Desdemona and been photographed as such have been defamed thereby?— No.

TEE SISTER OF NAPOLEON.

Did you ever go to Rome and see that beautiful statue ot Pauline Borghese as the Venus Vietrix by Canova?—l only went to Rome once, and it was raining all the time, and I did not go out. (Laughter.) Mr Justice Darling: Pauline Borghese was a notoriously improper person. Mr Powell: She was the sister of Napoleon.

Mr Ralph Dnnn, carrying on business as Dunn and Co., and Garbett and Co., manufacturing agents, said that as he knew the cards were objected to he took steps to call them in, and offered to pay the costs of the action.

Mr Justice Darling, in, summing up, pointed out that the plaintiff had admitted being photographed in an egg, and if that was not a libel it was difficult to understand how the other could -be. He could well imagine that if a vicar's wife were represented in "La Source" the whole dio eese would be in an uproar, but it <vas not quite the same thing when the subject ol the picture was a iady who often appeared before the public in fancy dress.

In this case it was clear that the plaintiff's reputation had not suffered. They must not, because they had common-place men carrying on a common-place business on one side, and a lady of exceptional charm on the other, be lightly guided to a verdict. Tbe jury found for the defendants, and judgment was entered accordingly -with costs.