THE THEATRICAL LIBEL ACTION.

Lyttelton Times, Volume LXVII, Issue 8146, 18 April 1887, Page 5

THE THEATRICAL LIBEL ACTION.

[Pkb Pbess Association.! WELLINGTON, Apeil 16. The libel action, Macmahon and Leitch y. Press Association, was continued this -morning. Mr Leitch’s cross-examination -was directed chiefly to the losses alleged to be sustained by the plaintiffs in consequence of the circulation of the alleged libel. He stated they expected to have played in Sydney at Easter, and to do good business, but were prevented by the necessity of bringing this action, and their credit would be injured. W. H. Atack, manager of the Association, 'was called on the plaintiffs’ side in order to prove the sending of the telegram. He sSao deposed in examination, that it was based on the statement in the Post. The Association had to rely for news in a large measure upon the columns of the public newspapers. No evidence was called for the defence. Mr Gully, for the plaintiffs, contended that the defendants were responsible for sending out a defamatory statement, even if it did not originate with them, and dwelt on the loss to which his clients had been subjected. For the defence, counsel urged that the telegram was not libellous. It was a mild version of the statement of a respectable newspaper, and could not be stretched to bear the meaning attributed by the plaintiffs. The Association was compelled to rely in the main on public newspapers for the news which they circulated. There was no malice shown. His Honor said tbat if the Association unwittingly published a damaging statement, even if taken from a newspaper, it did not relieve them of responsibility. If the jury considered the paragraph defamatory, the jury must give damages. A verdict was given for the plaintiffs, lowest-'Me.