MUSICAL CRITICISM

Evening Post, Volume CXXII, Issue 149, 21 December 1936, Page 22

MUSICAL CRITICISM

SINGER'S LIBEL ACTION

Captain Cuthbert Reavely, who played the part of Ahab in Mendelssohn's "Elijah" at the Albert Hall in February, brought a libel action in the King's Bench Division recently "against the publishers of "The Times," says the "Daily Telegraph." Without hearing the defence, the jury decided there was no case, and judgment was entered for defendants, with costs. ■ I Plaintiff complained that a criticism of his performance gave the impression that, by reason of puny physical ; appearance, he was incapable of playing a manly part. He was more than 6ft in height, and was accustomed to playing virile, dramatic parts. Defendants denied that the words were capable of bearing the alleged meaning and pleaded fair comment on a matter of public interest. Mr. F. H. Lawton, for Captain Reavely, said the words complained of were: "... The conflict between Elijah and Ahab ... is stultified by the physical appearance of a king who can only make gestures of impotent annoyance." Mr. Justice Swift: Does not this paragraph make .just as good sense if he was a man of immense stature? Mr. Lawton: In view of the word "impotency," I would suggest not. "BOILED-SHIRT AFFAIR." Mr. Justice Swift: The word "impotency" was not of his physical appearance, but of his gestures. To my mind, in ordinary English, it means: "Look at this big, fine man, and he can make gestures only of impotent annoyance." Captain Reavely gave evidence. In answer to Sir William Jowitt, K.C., for defendants, Captain Reavely agreed that oratorio was usually sung without the accompaniment of actiSh, scenery, or dress. . \ Sir William: That was how it was intended to be performed? , Captain Reavely replied: "If Mendelssohn were alive today and saw that the eye required pleasing, I have no doubt that he would prefer the dramatic version to what we call the, boiled-shirt affair." Some people would like it much loss? —What I would call the musical diehards, yes. Mr. Justice Swift was handed a picture of Captain Reavely in the role of Ahab. "Someone has given me a magazine, too," said his Lordship. "What is that for?" Sir William Jowitt: It was for fear the case might prove too dull, my lord. (Laughter.) Sir William (to Captain Reavely): You appreciate that the words of which you complain follow, a criticism which finds fault with the dramatic representation of "Elijah"?— Yes. Mr. Justice Swift: Do you happen to know if any of the angels .have brought a libel action? (Laughtel;.) Mr. Fairbairn, the producer of the oratorio, was called .but did not put in an appearance. Sir William Jowitt submitted that there was nothing in the article which was defamatory.

Mr. Justice Swift said he was bound to say that he could not see anything.