TROUBLES OF A TEACHER.

New Zealand Herald, Volume XLVIII, Issue 14707, 15 June 1911, Page 9

TROUBLES OF A TEACHER.

A COUNTRY LIBEL ACTION. THE ISSUES FOR THE JURY. Tin- libel action in which William Masson, a school teacher, seeks to recover £501 damages from William Richardson, the chairman of the Maungatapero School Committee, for alleged libel contained in a letter written by defendant to the secretary of tho Education Board, was continued yesterday morning, before His Honor Mr. Justice Edwards and a common jury of 12 in tho Supreme Court. Mr. J. 11. Reed appeared for the plaintiff, and Mr. F. Earl, with hint Mr. E. C. Blomfield, for the defendant. The taking of evidence, which lasted over eight days, had concluded on the previous evening, and counsel, by agreement yesterday morning, consulted with His Honor, in chambers, as to tho issues to be placed before the jury. This task proved much more difficult than had been anticipated. It was past noon before His Honor took his seat 011 the Bench. Mr. Earl commenced his address to the jury, but in the course of his argument it was found that the issues settled did not adequately set out the matters which the parties thought the jury should take into consideration. Another consultation with His Honor was found to be necessary. As a result tho issues submitted to the jury for answer were as follows :—

1. Is tho letter set out in plaintiff's statement of claim a libel on the plaintiff? (Admitted) Yes. 2. Does the said letter charge the plaintiff with having given false evidence in a judicial proceeding, and having committed wilful and corrupt perjury therein. 3. If the letter does charge the plaintiff with perjury as mentioned in the last issue, is that charge true? 4. Does the said letter charge the plaintiff with being a. person who would give false evidence in a judicial proceeding 5. Does the said letter charge the plaintiff with being a person who was untruthful and addicted to lying? 6. If the defendant did so charge the plaintiff, as alleged in tho last issue, was that charge true? 7. Does tho said letter charge the plaintiff with having fraudulently made false entries in a certain school register, which the plaintiff was bound to keep? 8. If the said letter does so charge tho plaintiff as mentioned in the last issue, was that charge true? 9. Did the defendant, at the time he wrote and published the said letter, honestly believe the statements made therein were true? 10. Was the defendant, In writing the said letter, actuated by express malice intending to injure or prejudice the plaintiff. 11. Or, was he, in writing the said letter, actuated solely by a sense of duty ? 12. What damage (if any) is the plaintiff entitled to recover by reason of the writing and publication of the said letter? These amended issues were placed hefore tho jury, and- .Mr. Earl continued his address, traversing them at great longth, and very minutely. He spoke for 4| hours. At the conclusion of his speech, at 5.10 p.m.. His Honor asked the jury if they would prefer that an adjournment should bo made then, or that tho Court should sit on after dinner. After a short discussion it was agreed "that the case should stand over until 9.30 on the following morning. Mr. Reed will then address tho jury for the plaintiff on the evidence, and His Honor will sum up.