LIBEL SUIT FOR £2000

Dominion, Volume 3, Issue 768, 17 March 1910, Page 6

LIBEL SUIT FOR £2000

THE "ZOO" AGAIN. MR. BERTHNG TAKES ACTION. HIS CASE STATED. ' ' A libel action for £2000 damages occupied the attention of the Chief Justide,; Sir Eobert Stout, and l a special jury of twelve in the Supreme Court yesterday.' .The -following were the special jury:— Ernest Gregbry Pilcher (foreman). John Benjamin Palmer, Henry. Frederick Allen, David Ernest Beaglehole, Fleming Eoss, William Turnbull, Albert William Pickering, George Forsyth Gibb, John G. Boso, Arthur. Leigh Hunt, William Miller,! and Walter Ernest. Bethune. In tHis case Albert Ernest Louis Bertling, superintendent at ...'the -WellingtonZoo, who claimed that certain statements published in "New Zealand Truth" had injured him in his profession,' brought an;action against John Norton,-the proprietor of the paper. Mr. F. B. Sharp and Mr. H. Ostler appeared for plaintiff Bertling, and Mr. T. M. Wilford and Mr. A. Dumi for defendant Norton. Pros and Cons. It: was claimed by . plaintiff; Bertling, that, on March 27, April 10, June 12, and June 26, 1900, the defendant, Norton, falsely-and maliciously printed and published j certain . statements. ; which:., were connected with plaintiff's profession. 'In one paragraph; " plaintiff alleged that ; it ■ was stated that he. "severed. his, connection" with the London Zoo. . Plaintiff claimed : that the : words had been used ironically, and were .understood' to mean that lie had been discharged. . ...--In'the stateiient of defence, defendant Norton ' set forth that ; ho did • not admit that plaintiff was a* zoologist. He denied also .tliat , the, statements were published falsely, and maliciously, and stated; that the .words alleged to be libellous contained .statements of fact. Defendant further.' stated, in his defence,' that the words; were aj. fair and bona fide .comment upon a matter of public interest— upon the, conduct of the Wellington Zoo. .The' articles were published bona fide by him as a public journalist. The Words,, "severed his connection," were not 1 used ironically, and he denied that Bert jling had been-injured in any way in his 'reputation and profession. Zoo Death Rates. Mr. Sharp said that the 'amount claimed was • decided upon three facts., First, ~ the alleged libel { had " been repeated' in the paper on four occasions;, second, the allegedlibels , had been . brought under the' notice of. the officials ; of.'the Sydney, Brisbane, and Perth Zoos, where Bertling might have expected to foe. employed; thirdly; a statement, called un "explanation" had . been, published, •biit' so far, from .'being an apology, it lad'added to- the, seriousness 'of- the matter.: The : .articles. teemed with: gross, libel, and,' as a 'result of. their publication, defendant would : have to ■ prove "crass ignoranoe, stupidity, incompetence,jnd pigheadedness" on the part of Bertling. Among other things, objection was taken io the paragraph that Bertling. had obtained his position as superintendent of the Wellington' Zoo on the telegraphed recommendation of Mr. T.. E. Donne, of the Tourist Department. The-innuendo .had .' also .been , published that Bertling had; been dismissed from , the London Eoo. One article - said -.that, on leaving the London Zoo, ho- had been glad to take charee of two chamois for the Tourist Department, and bring them out to New Zealand. • As to the general treat'ment of animals, .there/was, gTeat 'difficulty in' keeping..these in. captivity,. and , the .records •of zoos invariably "showed a- ' high rate of mortality. . In Wellington, there had - been I frequent. instances of sickening pets being sent to the Zoo. In these,- cases-the- owners, perceiving thst; their animals were not thriving, seemed, to consider that they would be suitable' jifts for- the Zoo. ' This, no doubt, had something to. do with the mortality at Nejrtown Park. It was a remarkable, fact'that the. exhibits j'at,Newtown Park", numbered aver 500 at' the time of' the publication' Of the , alleged libels; ; Bertling having been in charge for only two years. \ The Sydney Zoo, in its twentyninth year, did- not ' possess -as many animals. .Bertling had been "clerk of the gardens" - and.' foreman-keeper at the London Zoo, -and; had resigned .because' he considered that prospects of advancement there ■ were small. He then, agreed to bring, out the , Emperor of Austria's New his success with the animals being rewarded by the Tourist Department granting Eim a bonus of -El 5. He was then appointed as game expert and chief'- ranger for the Government at Eotarna. . The percentage of deaths at Newtown Park, while. Bertcharge, was 9 l-3rd, whereas records of other zoos showed a death rate of 39 per cent.; and even higher.

V Repartee. The Eev. John Crewes, the first witness 'failed in support of, ; plaintiff's case, stated _ that he ivas a, member. of the Zoological Committee, and he considered Mat' the ;zdo was creditably; kept. He no inefficiency, on. the part of Jiertlmg. In regard to the lioness offered to the zoo hy.Wirths'' circus, he was pleased that it . had not been kept at the park. ■ "It was not like' anv lioness I had eyer seen before," said r - Crewes, "and I Hare Visited every menagerie and circus that has come mthin my reach since I was a boy, and I used to visit the London Zoological Gardens. It was lying down as if it « not' Walk or could not stand." Z- WOforch Do you my it could not &" OI ALt ltat? -" 1 st . The zoo has improved lately?—'lt has improved gradually from .'the time Bertling came." ' -

;Has not there been,a distinct improvement srnce this libel-action? Ii the place spick and span-and ready, for 'I may say. that X refused * «?• d ,?™ anything to do with-,the libel action.: But' I was subpMnaed, and am wiUing to speak the trath. I hate hbel actions." (Laugh-

Can.you say that the improvement intne. zoo- has .-been mare, marked lately, say since the beginning. of this year-?—"X say it is not/ . . •. . J

• Are you ablo. to say whether Mr. ' 3 f capable man scientifically, and able to look after:the zoo?—' 1 don't i °- w i „ iavo seen no cause for complaint. . Were you present when Mr., Bertling, fJ iE, TC fi ¥ r " Justice Chapman described the "diaphragm" as the "diaff a S\ jn d r it?-"No, and £ { had, I shonld have put it down to a slip of the tongue. Xou and I often make slips, you know." (Laughter.)

Judge Interrupts Mr. Wilford. Did yau find Mr.' Bertling.'using bad language to. the • men ? • ■ His Honour: That is not part of your case.' J

Mr. Wilford: We say that he was bnmptious and arrogant. -His Honour remarked that bumptiousness had nothing to do with- bad language ' .! . -

Mr. Wilford[expressed his intention to bring the. evidence in as proving incompotence. ■ i

His Honour: You mean to say■ that an eminent barrister who is gnilty of' Using bad language is an incompetent barrister? Mr. Wilford: I, say that it was an incompetent superintendent who swore at his underlmgs. _ His Honour : Well, gbfon, Mr. Wilford; I shall tell the jury what I think about it.

Mr; Wilford (to witness): Have you .heard Bertling use bad language to his under-keeper ?—"No, and none of the men have referred to him in,- any but a respectful manner."

Alexander Milligan, veterinary surgeon, deposed that he had visited the zoo at Newtown Park at intervals since its formation, and considered that the animals wero in fair condition. The Zoo had improved considerably. .

"Pitchforked Into the Position." Bertling, examined by Mr. Ostler, stated that he was an Englishman, not a German. In 1897 lie joined the staff of the London Zoo as clerk of the gardens, an appointment which he, held for six years. In 1904 he had charge of the birds, and

was subsequently appointed head-keeper, aftqr being examined by the committee, of which the Dulco of Bedford was a member. Last year the Duke of Bedford liad presented .£SOO worth of animals to the. Wellington Zoo, witness being instrumental in getting them out. His service at the London Zoo ended in 190G, when ho left of his own accord. The Emperor of Austria, after consulting the London Zoo authorities, appointed'him to bring eight chamois out to New Zealand. The chamois were landed in good condition, and lie took them to Mount Cook. He had written articles for. the Avicultnral Magazine, and had, been made a member of the Avicultural Society. He made application 'for the syperintendentship of the Zoo in the usual way in 1908. No "strings" had been pulled, and he had not been ' "pitchforked" into the position.' He had had no communication with or recommendation from Mr. T. E. Donne. Proceeding to a description of some of the animals at the zoo, witness stated that the circus lioness had been suffering badly from rickets. In an article published on March 27, it was stated that a leopard had died owing to. his "crass ignorance, stupidity, incompetence, and'pigheadedness." He had never seen a leopard at • the zoo. The Russa stag, alleged to have died of starvation, had jumped a 7ft. 6in. fence, and escaped down: town. On being captured and returned to the zoo, it died of fright and exhaustion. The peacock had died of enteritis (cholera); its death was not ca.used by its being kept on hard food while moulting. Some of the reptiles had been forcibly fed, but they had not been ' cruelly "crammed." It was not true that he . had used an iron file with which to prise open the iguana's jaws. The deaths during the whole of the eighteen months of' his service at the zoo numbered 59. Mr. Ostler: With regard to the damages, which . . you allege you have _ sustained in consequence of these libels, have yon noticed any difference in the attitude of your employers?—" Yes, _ I have noticed a considerable coolness." His Honour: You cannot claim, .that. You have not claimed special damages; your'claim' is simply for general damages. " ; William Henry Foglia, wireworker, said that he had made a special" study of. Australian birds. He" had. made . almost weekly visits to the Wellington Zoo for some time past/ and he considered that the animals and birds were kept satisfactorily. At. 5 p.m. the Court fedjourned, and it was aiTahged that the; jury should visit the zoo this morning, attending at the Court at 10.30.