GOT HOLD OF THE WRONG MAN

Dominion, Volume 4, Issue 1149, 9 June 1911, Page 4

GOT HOLD OF THE WRONG MAN

AN ; AUCKLAND LIBEL ACTION. (By TeJcuraph.—Special Correspondent.) „ Auckland, June 8. , His Honour Mr. Justice Edwards and a jury ot four were occitpicd for a portion, of yesterday afternoon with a libel action in which Ueorge S. Bullen, a member of tho reporting stall' of the'"New Zealand Herald," claimed ,£IOO damages from Jas. Regan, proprietor, editor, nm. lishor ot a weekly paper called "Saturday Night." Defendant had not filed a defenco. Mr. Earl, in opening the case (o tho jury, stated that oil December 10 of last year the defendant published in his paper the following paragraph:— "We havo had sent to us the name of one of the cads who thought himself too superior to sit near a common man in tho iiross box of the Supremo Court. It is stated by our informant to bo a joint named liullou. a fifth-class flunkey on the "Herald, who is said (o havo boon lorn a end and has remained so ever since. Wo woro inclined ourselves to think it was some stuff like this who desired to monopolise the box. However, wo don't want lo make this paper cheap by even discussing such mediocre material as this fellow- Bullen, who is neither fish, flesh, nor good red herring as a reporter, or anything else; but' he seems lo suit the old lady all right. Wonder what wages ho lifts." 1 Mr. Earl, continuing, said that as no defence was filed the duly of the jury was confined to (he assessment of damages. It happened that in endeavouring t'o abu=o some reporlcr Regan had got hold of tho wrong man, and when, after publishing this par, he made that discovery, lie published the following "apology" That the clown who wrote us and borrowed another's name in doinc so to nick Reporter Bullen of the "Herald" as one of the persons who played the cad at tie Supreme Court tho other day, is wanted up this way. On interviewing the individual whoso name was signed to the mile, he indignantly denied having •enl' us anything in reference to Bullen, and as we are now assured (hat Bullen was not at the Supreme Court on Ilio day at all. we regret having used his name in the way we did last week. George S. Bullen, the plaintiff, said he was likely to pilfer daiuago from tho publication of (he paragraph complained of, but tho extent of that damage it was not possible lo say. Witness had not had any quarrel with Regan. In cross-examination by Mr. Singer witness said he was still employed on tho "Herald" and had no wish to leave. Ho had no reason, to believe that his employers had any wish to dispense with tiis services. Defendant had sent' him a letter of apology in which he expressed regret for his act. ,lohn Yonlin Birch, chief of the "Herald" reporling slaff, said he considered tho paragraph in question was undoubtedly injurious lo the plaintiff because it' struck at his reputation in press work. The good reputation of n man was very essential. Nowadays a journalist was chosen for inclusion on the si aIT of Ilio big dailies largely on account of his eharaclcr as a gentleman and for good address, as well as for his competency. Consequently ('« say that a journalist was a "cail" and lo publish Iliat slalement was very likely lo block all avenues of employment for him. ' .... His Honour, in summing up, said it was a soiinns mailer lo libel a man in. his reputation. The consequences might not be apparent at Hie time, bill if such statements woro-made about a reporter I'liov might turn up again. The jury had been told I hat Iho analogy made was sufficient. but I lie defendant, after calling Ilio plaintiff a lot of bad name, only expresses regret for having used his namo as lie did.' The jury could give (he plaintiff all he asked, which was not much in an action such as tint was, or they could irivo him the smallest, coin in the realm, but contemptuous damages should not be given. The jurv relumed a verdict for plam(iff for the full amount' claimed with cosls.