ALLEGED LIBEL.

New Zealand Herald, Volume XXX, Issue 9257, 20 July 1893, Page 3

ALLEGED LIBEL.

WARD V. SMITH. The hearing of the action brought by Alfred Charles Ward to recover £250 damages from William Henry Smith for alleged libel, was resumed at the Supreme Court yesterday, before His Honor Mr. tTustico Conolly and a special jury. The case had already occupied two days, and the evidence closed on the preceding evening. The jury now desired to recall soma of the witnesses.

Frank Bailey, recalled, was asked by the jury whether ho was at home on the 24th of May, but he saw nothing of the cutting of the instrument, and ho did not recollect hearing a cornet played that morning. If it was tho subject of family conversation he heard nothing of it. They might, of course, have spoken of it in his absence. He was positive that he was ab home in and out of the house that day, and not away anywhere else. He was perfectly sure on this matter.

William Aspinall, recalled, and in answer to the jury, repeated that Mr. Ward had spoken of performing an operation on tho cornet, but ho could not fix tho date. It was between June and October, and witness was quite clear it was after the 24th of May. Ward was wondering whether he should perform the operation. It w;.s something to bo done, not something ho had done. He had procured a short shank from Mr. Sprang, but the cornet still wanted about half a note to bring it up to the organ. Mr. Biiumo said as this evidence was quite unexpected, he would ask leave to call Mr. Spragg to fix the date when ho supplied the shank. Mia Honor did not think ho could call evidence to answer that elicited by the jury, bub if the jury desired it he would call Mr. Spragg. The foreman intimated that they would wish him to be called, and a messenger was despatched for him. It was arranged that counsel should address tho jury, and that afterwards Mr. Spragg and Mrs. Bailey should be called to answer tho questions of the jury and His Honor, but not to be examined by counsel. Air. Cooper then proceeded to address the jury on tho whole case. Ho said the main question was, was this cutting done honestly or was it done for the purpose of damaging the instrument wilfully. A great deal depended on the time and a great ileal on the reason. He contended that tho defendant's case was nob substantially met by the rebutting evidence called by the plaintiff. He regretted that Mr. Smith was absent from tho colony. The letter was written as far back as November ISth, bin plaintiff took no action until the lith of February, on the eve of Mr. Smith's departure for Europe, and then his solicitor wrote to Mr. Smith, intimating that proceedings were about to be instituted. He contended that it had been shown that tho

istrument had been altered after the con-

nection between Mr. Ward and the mission band had ceased, and it was done by a man who had a fair knowledge of tho cornet. When examined on the lsih of November, the edj;es of the tubes were bright and untarnished, and it it had been used for any length of time they must have been tarnished. lie com-

mented carefully on the evidence as to the cutting, and tho alleged reasons given by the plaintiff, contending that no person with any knowledge of tho instrument would have cut those tubes with a good

intention. The lubes were a necessary component part of tho (instrument, and the plaintiff knew it. lie contended that on tho evidence the defendant was entitled to a verdict, but should they decide otherwise it would be for them to consider the question of damages. The address lasted nearly an hour.

Mr. Baume then addressed the Court.

He said tho accusation against the plaintiff was Mich as to put him on Ids trial. He read the hitter on which the action was based. Ho pointed out that it was necessary that, every statement should bo proved, and tiio evidence proved that the witnesses denied that they bail said that they had told .Mr. Smith that they were prepared to swear that the man who cut the tubes was guilty of dastardly conduct, and that it was done out of pure maliciousness, lfo dwelt on the fact that the letter was written to a man suffering from heart disease, and that Mr. Smith knew tho relationship which existed between the plaintiff and Mr. Bailey's family. Mr. Smith might have written that letter

in a moment of irritation : but three months afterwards ho said ho was prepared to prove tliut the statements were true in substance and fact, and lie allege 1 that in his state-

nient of defence, ill'. Baumo then proceeded at some length to comment on the evidence, Ho contended that the evidence was conclusive that the cornet was cub on the 24ih of May, and that it was done bona frit tor flic good of the mission hand, and lie asked the jury to entirely discredit the evidence of Frank Bailey. He concluded by saying that Mr. Ward was entitled to all the privileges of a prisoner on trial, and the defendant:) had not proved all the allegations male. The plaintiff was entitled to a verdict, and considering the repetition of the allegations by reiterating that defendant was prepared to prove the truth of the letter aggravated the offence,

and entitled the plaintiff to pituitary damages. At this stage the foreman intimated that the jury were willing to dispense with the evidence of Mrs. Baiiey and Mr. Spragg as they were not present. Ilia Honor commenced to sum up the case after counsels' addresses were concluded-

110 explained the law of libel. There was no doubt, he said that the letter charged the plaintilf with a crime, and in his statement of defence defendant reiterated it by stating that he undertook to prove the truth of his statement, and it lay with him to prove the truth of every word which he had written, and which was libellous. If he failed to do so, the verdict must be for the plaintill'. J lis Honor then proceeded to comment on tho evidence at length. His Honor's address terminated at 1 o'clock, and the usual adjournment for lunch took place. The jury retired to consider their verdict at 2 o'clock. They returned at 20 minutes past .'{ o'clock, with a verdict for the plaintilf, damages £-'.">. His Honor entered up judgment for the plaintiff tor £2.1 and costs on the lowest scale. Mr. Btiume asked His Honor to certify for two days' extra costs of counsel. Mr. Cooper did nob object, and the order was made for extra costs —two days at £15 los per day.

The monthly meeting of the Newton School Committee was held in the Newton East .School on Monday evening last. Present): Messrs. 11. Thompson (chairman), J..M. White (treasurer), T. 11. Martyn, T. McMaster, W. J. Macdermott, T. W. Freeman, J. 1). Cow, A. Williams, and J. Peak. The Newton East School will be examined in standards by Inspector 11. Crowe on or about August ; the examination of Newton West School in standards will take place on or about August 28 by Mr. W. 11. Airey, inspector. Complaints were made relative to the treatment of the school property by some of the boys attending the city mission ary's class. The secretary was instructed to inform the city missionary of the continued complaints made of the disorderly conduct of tho lads upon the school premises, and that unless prompt measures were taken to remedy the same, further use of the building would be disallowed. The Newton West Sub-committee reported that since last meeting the cottage had been removed from the comer, and placed in a more suitable position, facing Codringtonstreet, and that two good class rooms, capable of accommodating 00 or more pupils, had been provided in the cottage, which was now in a thorough state of repair.

The students of the Melbourne University recently occupied the gallery of the Alexandra Theatre, and so rowdy was their behaviour that the performance was altogether spoiled. The bulk of the mob pave themselves up to such entertainment an lowering thigh bones brought from the medical school in front of the faces of the ladies beneath them, and hurling javelins and pellets at the audience and players.

Dr. dk Jonoh's Light-Brown Cod Liver On..—ln tub Wasting Diseases or Children its F.KMCACY IS UNEQUALLED. Dr. B. C. Croft, author of " Handbook for the Nursery,' writes :- I.have tried Dr. tie Jongh's Light-Brown Cod Liver Oil, ami find that it contains all the properties which render the Oil so efficacious. Dr. de Jonah a Oil is almost a specific in many of the Diseases peculiar to Infancy and Childhood, and 1 have .seen make, benefit produced by its use. Patients prefer it to the 1 ale Oils, and are able to retain it more comfortably. r-vilil onlv in: apsuleil Imperial Half-pints, Pints and Quarts, hv all chemists. Sole Consignees, Ansar, Harford and Co., Ltd., 210, Ilolbom, London, o