LIBEL CASE.

Press, Volume XLVIII, Issue 14407, 15 July 1912, Page 10

LIBEL CASE.

A HASTINGS CASE

(PRESS ASSOCIATION TELEGnAM.)

WELLINGTON*, J.uly 13.

His Honour tho Chief Justice (Sir Robert Stout) to-day, in Banco, heard a motion for a new trial in. tho case Horace lan Simson, of Havelock North, sheep farmer, plaintiff, and the "Tribune" Company, Ltd., Hastings, defendant. Mr B. J. Dolan and Mr HF.Ayson, appeared for H. I. Simson, and Mr C. P. Skerrett, K.C., and Mr "\V. G. Wood for tho "Tribune* - Company. The case was heard at Hastings on 11th and 12th March of this year. Tho motion was made on plaintiff's behalf for a new trial on the ground that tlio damages were too small; that tho verdict of-the jury was not unanimous, or provided by tho Juries Act, 190S; that tho statement of facts alleged by tho foreman of the jury to have been found proved by the jury were not put into writing and signed by him, such statement being in the nature of a special verdict on which subsequent legal argument should tako place as arranged by counsel and directed by the Judge; that tho findings of the jury were so defective that the Judge could not givo judgment upon them; that tho foreman of tho jury entered the courtroom after tho expiration of three hours from the time of the jury's retiring, stating he had been deputed by the jury to ask the Judge a question with reference to the issues, and that tho foreman did not put the question, nor did he again return to the jury room; and that three members of the jury who had dissented from tho findings were under the impression on arriving in the court-room tliat such questions had been put and answered, and that the foreman had obtained tho Judge's permission to take a threefourths verdict, and that therefore they remained tacit when tho foreman announced- the alleged verdict, whereas he had not obtained such permission; and that thc findings of the jury on, certain of tho issues were against the weight of evidenceThe case consisted of a libel action brought by tho plaintiff Simson against tho Hawkes Bay "Tribune." Tho issues submitted to tho jury and their answers on that occasion wore as follow: —(1) Is the paragraph published in the "Tribune" a libel on the plaintiff? —Yes. (2) Has thc paragraph tho meaning alleged by: tho plaintiff?— Yes. (3) Is the paragraph true if it has such a meaning?— Yes. (4) Did the plaintiff in December, 1905, assault Henderson Caurick, a reporter, as alleged?— Yes. Did plaintiff, on Uth May, 1909, assault one Victoria Wentheimor, ks alleged?—No (6) LMd tho plaintiff, in July, 1907, assault F. Corbould, as alleged ?—Yes. What damages, if any, is plaintiff entitled to recover ?—One farthing. After tho verdict had been given the case was adjourned for further consideration' as to whether judgment should or should not go for the defendant, the point being raised that tho findings were inconsistent in that tho jury had found there was a libel and that the newspaper paragraph published was true.;

Mr Skerrett pow moved for ""judgment to be entered up for the defendant company. He said the . finding of damages had been a conditional assessment brought in by the jury :n case' his " Honour should revise his direction as to justification. Mr Dolan, supporting his case, held that the verdict was inconsistent in that libel had been.found for the plaintiff. Tho verdict being for the plaintiff on tho !main issiies, he was entitled to damages. He moved accordingly for a, new. trial. ...--'.

Mr Skerrett;. in reply, said that tho plea that tho damages wero too small was based on the assumption that tho verdict was for. the plaintiff, and hot for.tho. defendant. He also said that the practice of ;the Court, long established, had been not to interfere in v. case where a farthing damages had been returned. Replying to further contentions, he said that the whole circumstances of the case had been before tho jury, and that. ; thero'had been no room for the statement that thero had been a want cf consideration of tho real issues of the facts in controversy, and no possible mistake in the application of thc law could have been made. The rulo regarding a "defective" finding of a jury was that it was to bo read sensibly. As "to whether a verdict was against the weight of evidence, tho true rule in this matter had already bsen laid down by his Honour in the case Massey v. "Neve Zealand 'Times';" and since confirmed by tho Privy Council. At the conclusion of tho case, Mr Dolan further formally moved for judgment for plaintiff. His Honour complimented, counsel on their concise reasoning, and said he would givo his judgment in a few days.