LABOUR MEN IN COURT.

Dominion, Volume 4, Issue 984, 26 November 1910, Page 8

LABOUR MEN IN COURT.

ALLEGED LIBEL. "MR. BLACK'S STYLE OF ARCUMENT. The Chief Justice (Sir Robert Stout) concluded yesterday his hearing of the action in which Elijah John Carey, president of the Wellington Trades aud Labour Council, and secretary of tho Wellington Cooks' and Waiters' "Union, nnd other labour bodies, claimed £501 damages from William Pierrcpont Black, of Auckland, on account of an alleged libel in a paper called "The New 2.ea-la-nd Leader," of which defendant is the proprietor. Plaintiff also asked for an injunction to restrain defendant from repeating the alleged offence. Black had published in his paper of September 2, IUIO, a tliree-coloumn article, ' expressing his objections to somo printed utterances of Carey on tho policy of the Minors' Federation, and on tho strike which occurred a few months ago at 'the State Coal Mine, Point Elizabeth. In. this connection, the writer of tho article in tho "Leader" called the plaintiff a liar, a traitor, and an imposter, and .the plain•tili claimed to have been thereby seriously injured in credit and reputation. Mr. A. W. Blair appeared for the plaintiff. Tho defendant conducted his case in person. On the resumption of tho Court yesterday morning, tho defendant continued his address, in which he showed great fluency, and enforced his points with plentiful gesticulation. His Honour frequently intervened to ask him to keep to the question before tho Court. - ' » ' The defendant explained that in calling the plaintiff a traitor, the meaning .was that he had .not done , his duty-as a Labour man. His Honour said that .that could havo been said in proper language; and probably no objection would have-been taken. Defendant-.admitted that perhaps, lie would have written it differently himself if ho had not been away from Auckland at the time. It should havo been differently expressed. His -Honour said that, in that case, defendant, on returning to Auckland, should havo inserted another article to explain the situation, and put the matter afresh in a proper way. Defendant also said that Carey evidently thought ho had done wrong about the strike question, because ho had told Mr. Hogg ho was sorry. Mr. Blair: That is not so. His Honour: It is not in evidence. Defendant: No,' .your Honour. It is just by.tho wav.. (Laughter.)Mr. Blair, fn addressing tho Court, said that practically tho only question was one of damages, as not the slightest, effort had -been made- to justify the libel. In fact, the attitude.of the defendant' in Court had been an aggravation of his offenco. Tho libel had been a cruel one, the object being clearly to hound the plaintiff out of his 'position. That was tho request made in the ■ article, and tho whole fabric of it-was untrue. The article accused plaintiff of deprecating the Blackball strike, when the State coal strike was really meant —a very different matter, as seen from tho/Labour point of view. Yet that error had never been corrected in the paper. The £500 ■ claimed would not be adequate compensation. His Honour: I thought, you did not want money from a man who has none. Mr. Blair: Though wo may not get it, yet if tho Court awards it, that will havo the - effect of showing that such actions are seriously looked', upon. Counsel proceeded to the conduct of tho defendant, in' strong terms, and read a, quotation from an eminent writer: "Society hath not a more odious vermin, vice a moro hideous slave, nor could tho devil receiver a guest more worthy'of him, or possibly more ■ welcome'to him, than a slanderer." The defendant was a libeller,- a slanderer, a vermin, and an enemy to • society. ■ ■ His Honour: I think you aro adopting Mr. Black's ' style of argument. ( Defendant (eagerly): That shows,' your Honour, thaf it is not only Labour men iw\'io are subject to thia curse of abuse, but lawyers sometimes— 'His Honour: That should, bo a lesson to you of the danger of a bad example. Decision was reserved, his Honour stating that ho would give a written judgment this morning.