RIVAL JOURNALS

Evening Post, Volume LXXXVII, Issue 55, 6 March 1914, Page 8

RIVAL JOURNALS

A CHARGE OF LIBEL ACCUSED OF SYMPATHY WITH "RED FEDS." NEW ZEALAND TIMES VERSUS DOMINION. The hearing of the action in which the New Zealand Times claimed from the Wellington Publishing Company the sum of £3000 for alleged libel was commenced in the Supreme Court this morning before his Honour Mr. Justice Hosking and a. jury of twelve, consisting of:— Thomas Taylor (foreman). Samuel ■Waters, Archibald Butters, Joseph A. Dewhurst, Richard Thomas Bickertott, Horace Reynolds, John Evans, Joseph Thomas Lynan, Walter Russell, Walter Cotton, Harry Ranson, and Robert Edwin Manley. For the plaintiff company Mr. C. P. Skerrett, K.C., and Sir John Findlay, K.C., with Mr. O. E. Stout, appeared? The defendants were represented by Mr. C. B. Morison, K.C., Mr. M. Myers, *nd Mr. T. C. A. Hislop. The article in the Dominion in which the alleged libel was contained was as follows and appeared on 11th December, 1913 : "The inventive genius of our morning contemporary is having a very busy time just now drawing upon its imagination iov grounds on which to attack its politdcal opponents. In yesterday's issue that veracious organ of the brewing industry ga.ve up quite a lob of its apace to venomous comments on its own distorted version of current happenings, and 110 doubt found therein some relief for its own troubles ant! misgivings concerning the future. It is a little foolish of that decadent mouthpiece of a decaying cause to so plainly disclose its sympathies with the Red Federation if it really wishes to help Sir Joseph Ward. The great bulk of the people have seen exactly what the Bed Federation stands for, and when the official mouthpiece of Wardism, which has on every possible occasion insidiously encouraged the strikers m the present industrial crisis, openly urges that the Liberals of New Zealand should throw in their lot with , the Socialist-anarchist organisation in order to gratify the spleen of their leaders and defeat the Ministerialist candidates, it is not calculated to do either the Liberal Party or the New Zealand Times much good with the business people of the community. Of course, it is generally recognised here that our morning contemporary _ has few scruples where it desires to give rein to its malignant hatred of the Government. But it will find it a little difficult to convince the t public of Wellington, at least, that a journal which advocates the encouragement and support of the Red Federation and its leaders and ruinous methods in preference to a Government •which, whatever its faults, has honestly and firmly carried out i its duty to the .public is. deserving of either credence or respect. Perhaps Sir Joseph Ward and his friends will now see^ that they should disown the Red Federation to which their official mouthpiece has .already committed itself." . PLAINTIFF'S COUNSEL. In. opening for the plaintiffs Sir John Findldy said tltat a daily newspaper had .to defend ite character,. They were proud that their journalism was conducted on lines in accordance with the best traditions of ' British journalism. They all knew that those who ventured into public .print, those who criticised others, challenged criticism in return. Any such anan, was liable to be told that his ideas (Were nonsense and that he did not know what he was talking about. This was perfectly fair and admissible. A,newspaper, like a. private person, was bound to defend its reputation. It must have a reputation, for decency and law and order just as any public man. It would be scandalous if a newspaper could be assailed and have its reputation ruined without any redress. He would like the jury to find in this attack on the -New Zealand Times a motive which aimed at its circulation and its advertisements. They would remember the loss •to the community and the bitterness entailed by the waterside workers' strike. There arose riot and even bloodshed, and so far had it extended that any stranger arriving might have thought we were in the midst of civil war. The chief subject of anathema was the Federation of Labour, known as the "Red Fed." The Dominion surpassed itself with the bitterness with which it attacked the Federation. Counsel then ' read two paragraphs Sealing with the aims of the Federation of Labour as set forth by the Dominion, in which it was alleged that the aim and objects of the Federation were criminal and dishonest. " MALIGNANT HATRED." The Dominion, said counsel, had admitted that ifc had often stated such were the objects of the Federation, and then turned round and alleged that the New Zealand Times was the ally of the Federation. Counsel then read the Dominion's leading article, already quoted above. The meaning of this, said counsel, was quite clear. The Dominion, haying worked up all these allegations against the Red Federation, had declared that the Times was in league with it in order to injure business. The Dominion had declared that the Federation stood for ibe use of the revolver and gelignite — in fact, ifc charged the Federation with nearly every crime in the criminal calendar, and any editor allied to a cause such as that depicted rendered himself liable to prosecution.,, His side had adopted the plan .of relying on the plain words as the grounds of the altered libel, but as an alternative- had relied <m the innuendo. "RED FED'S." TACTICS. Continuing, Sir John Findlay quoted from articles in the Dominion showing the enormity of the practices of the Federation of Labour. It had been proved in a court of law, stated the Dominion, that the Federation of Labour had seriously broken the law. Counsel tead a number of articles published in the Dominion up to the date of the alleged libel with the object of keeping in the minds of the public the whole time the belief that the Federation of Labour was a synonym for all that was lawless. Then it (the Dominion) turned round and said the Times, its rival, was the ally, the encourager, the supporter of the Red Federation. Traversing the defence filed, counsel said that the Dominion did not justify the charge, nor did it say that it was true. It was said that it was alt done in the public interest. If it was a comment on facts the facts must be true. Again, the comment must be fair, It the comment was that which no reasonable man would make the defence failed. If it could be shown thai the comment was inspired by maliciousness then again the defence would fail. It was difficult to make out what the defence really did mean. The Dominion, having made the charge, did not attempt to substantiate it, but merely took shelter behind the vamie defence which lie had just read. Tlie onus of proof distinctly rested on the defendant. Mr. Morison.: I am very reluctant to

date for the Lyttelton seat. Not one thought t was given to the question of advertising or circulation. Knowing <vhat the Red Federation stood for — one had only to go to the plaintiffs own statement of claim to see what it stood for — the Dominion had expressed the view that public opinion would not support the Times in its advocacy of the Federation's candidate. Did it not follow that by supporting the Federation candidate the Times supported the Federation of Labour? By cutting up the article and leaving certain sections out the plaintiffs had, with the aid of a powerful magnifying-glass, _ construed innuendo out of it. The opinions of the Times on thy strike were a point of view which might honestly be held, but the Dominion equally honestly said that the effect of that point of view was to encourage the strikers. (Proceeding.)