ON THE WRONG DAY.

Hawera Star, Volume XLV, 11 March 1926, Page 9

ON THE WRONG DAY.

AN AUCTIONEER'S WEDDING

A PREMATURE REIPOiRT

A libel action arising out of a premature account of a marriage was mentioned to Lords Justices Rankes, Warrington, and Atkin recently in -a London Count of Appeal. Major Charles Emerson, a fish auctioneer ol Grimsby, appealed from a. judgment ol Air. Justice Finlay striking out the statement of claim: in an action against thfc Grimsby Times and Telegraph Company Lai., ol Grimsby.

Air P. E. Saudi la rids, who appeared for Major Emerson, said that- has- client was a prominent member of the Gri-nis-oy fish trade, and he had arranged to be married to Mists Rita Clare, a contralto singer, then living with her parents at Grimsby. On the day before

the marriage .Major Emerson carried on his avocation as usual. I nfortunately, the newspaper came out that day with an account- of the ceremony.

Lord J ustice Ranke,s: From the. account 1 am sure the bride must have sent the information.

Air. Saudi lands-: What really happened was that a reporter went down, lie was at firs* refused any information. But he said. “14 you don I give it to me 1 shall probably get it all wrong." Accordingly they gave him the information, and lie put it in on the wrong'day. (Laughter.) Counsel added that one of .the things of which he complained in that account was the .statement: “The honeymoon is being spent in -the South ol England.'’ On the morning following the publication Aiajor Emerson went to work before the ceremony, but lie could not carry on his work because of the i idicule to which ho was subjected, -and lie complained that lie was being prejudiced in Ins business on account o-i ribald jests and ridicule. Air. Justice Einlav bad dismissed the action on. the ground that the words complained of were not capable ot defamatory niean-

mg. .Lord Justice Rankes: The paper sets out- facts indicating that the marriage had taken place on the day before, and that the married couple had gone olf on their honeymoon. Air. Saudi In lids’: When in fact they had not. Lord Justice Banke*s: As- a matter of fact the man was in the fish market. Why does that hold him up to ridiculef It seems to he an obvious mistake. . Air. Sandiland.s: A mistake might hold iiim up to ridicule. People might say: ‘‘You have soon got tired of the iady.” (Laughter.) Lord Justice Rankes: Or it iragiht suggest that he was such a* keen m.u-n of 'business that lie preferred the fish market to the South of England. (Renewed laughter.) The bench dismissed the appeal without hearing counsel for the newspaper. Lord Justice Rankes said that from the mere reading of -the alleged libel it must have been obvious to anyone who saw Aiajor Emerson at work the day after that a mistake had been made. In the circumstances lie could not .say that the judge was wrong in holding -that the action wa*s frivolous and vexatious. Lord Justice War ring ton concurred. Lord Justice Atkin said that though it was not defamatory to say that a man was married on Tuesday when he was. in fact, married on. Wednesday, many people might object to a- statement which made it appear that no was working on the first day after hiw wed din <*•. Therefore, he .should have preferred to let this case go to the jurv and leave them to -say w-hethei it was or was not a trumpery case. But he could not* disagree with the judgment of the court. .. The appeal was accordingly dismissed. •