KRITIC KICKS AT KRITICISM

NZ Truth, Issue 511, 3 April 1915, Page 7

KRITIC KICKS AT KRITICISM

\ .... ..... . . T~- — ■* ;; ■• • - ■; - . _ .- -■/ ■-;■ .... . • THEATRE" TRIES A TILT AT "THE TRIAD" BOLD BAEYERTZ BELIEVES HE IS BADLY BLIGHTED .-'•..■ i - ."■ ■-■ ■ ■-■ :■ •". . % • . .' ■ " . v By What He Conceives to be a Germanic Taunt ■ .-■"".• "■..'-. y--.* : '' ; - ; - '•". " ".- •;■ .•'■'■/: :-r;.v;. : ..;„..; • ; ;■'■■<' ' ;# .. .- '". ' Seeks Thousand Golden G^ogici to Sitoe tie Slight— Dented Dignity Appraised at a " Doleful " Deener " — "To H«rr if H«mw», to Forgive Divine" 7^ • '•';■■■■' '■."■"'■■" <v > ""\ i^.^_. . •■'' ' ?' ' ' - ■ • ' " '■ .■"..' ' ■■'. J. .......

.^\.,'4- «om.ewl\at remarkable, action for *illl6ged v libel was commenced m the Banco Co^rt, ; Sydney (N.S.W,) ,on Monday week last, before Mr. Justice Paring, and a jury, of... four.. .The action , arose out of the printing and publlshirik y ot a paragraph md- monthly raagcalled "The Theatre," which demotes Its columns to ■ theatrical small talk, hero worship of stars, real > or, al- . leged, and & soupcon of criticism. ; .The. plaintiff was Charles Nalder Ba.e.ye.rtz, a square;- jawed, determinedlopking'matn, who ,ls managing directorJand editor of the. ''.Triad,"., a sort of theatrical arid literary 1 journal published m Ne\v. Zealand, He claimed .£loop damages from the Theatre Co., ..Ltd., for, a libel alleged to be containiti] m trie following paragraph:— "That unconscious comedian of. culture, C..N. Bayertz (meaning plaintiff) accuses 'Elsie Spain 'of making ; 'ers' of all her •ors\" adding. "Thls : was very painful ■and rfdlculous. .Strange that Herr '-(meaning : plaintiff), of " all people, should- lodge this complaint, as ■■•• lie; suffers *tn spelling what he alleges bf- the • English' girl m song," ' meaning 'tifiCTeby, tnai "the;; plaintiff J ■ V ;;• V WAS. A GERMAN; .., -..was an. enemy of England; was dls- ' loyal; and. was a person unworthy of .ttausli or confidence,, whereby, plaintiff , '.\h&d; been, injured. In bis credit and re- ? pUtatioh,. and had been .subjected to i .great -annoyance, and had .been bther,v?isfc: greatly .injured.. , -- Mr. Shand, X.C;, and Mr. Sheridan appeared. for plaintiff,. and Mr. R. Wlnvdey.ei\for Theatres, Ltd. ' In bis opening address to the Court, Mr, Shand said Baeyertz founded the 20 years ago, and printed' and published it Jn New Zealand ' until quite rejcently, when it was form - 1 cd.into a. limited liability company; While under his sole control and direction, it was devoted principally to li.terary;' matters' and 'theatrical criticisms, as also was the "Theatre Magaiirie." In February the company contemplated circulating, an issue o f the "Triad" througliout N.S.W.. and, with . a.,vlew to furthering^ this idea, Baey«<erb, came to Sydney towards the end ,\pf'sune of last, year. Everything was pretty well arranged. |by August, when , tho ; disastrous war broke out*, and. the - , ;i3 VENTURE W,Aj D^RpPPEP. Priot^lovthe publication -of -iheT par c'dmplaihed of the "Theatre. Magazine" knew that ! the "Triad'"- proposed eniirihg into c6mpe'tition with It. The, journal' had been treating Baeyertz pretty roughly for some time past, as j articles m previous Issues of the paper ,- would show. Of courso tho journal was quite justified m commenting on • Baeyerta'B criticisms, but some of the farttcles had almod at -Injuring his personal reputation, -.Theßo practically • dated from tho time Baeyertz an- . hounced, his intention of coming across to. Now South Wales until the war broke out. Baeyertz took no notice of these, and m August or September,, m ' 'the courso of his business; criticised the pronunciation of. 'a Binger named ■Elsie Spain, who was playing a part m a play controlled by, J; C> Willlam•son, Ltd:, whom he thought practically owned thn "Theatre Magazine." Baeyertz evidently did not have a very,hlgh dplnlohvof Miss" Spain's voice, and pointed but that sho made words endIng with "ors" sound like "cijb." m reply to this criticism the "Theatro Magazine" published the par cpmplainod of, m which they Indicated • that Baeyertz was a foreigner, and, . nhove all, a German. When the war broke out anybody residing m their' midst with a name that.ntight bo German was , VIEWED. WITH SUSPICION, and there couid'bo no doubt that during the .period referred to no more o'Jlousmame could be applied to a mun than that of a German. Implied everything that .would cause a man to toe' rjpsplfled nnd hatod.. It was theHiernonincation .of porOdy, perjury, and cruelty, and devoid of an atom, of that which 'went to make a man respected • ndcrtivcrpd m a British communUy. »n'tf no chargo at tho present time cotild be more, dlrely damaging. Chari?ofl that-wenv made openly were pninful rtt times,' but It was the cow»rdly ' Mihl4louhv. onos, suoh as they wdVc nllcglns In this case, that carrfod tti? fer<n tor sting. T'hftro could be ho mistaking tlha^. the "Thpatrq" Implied tlmt he waH a German, boeaiitso they referred to him its "Horr" — the term for Mr. — and contraßtOi*. him with iho "EnßHsh" srirl, Miss Spain.- TKe Oxford ConclHc Dic-tionary'-nnd OhamberH'H save tho nioan)nif of 1 the word "Herr'' as Oeririfiit for "Mr/ 1 . ,"I' might' add, ; said Mr. Shand, •fn'rit"' the 'Theatro' spelt plaintiff's linmo MiayertrA"" C'liarleß NaUler 1 Bneycrtss, managing director and odltbr of the "Triad," »al(l that. ho founded, jtho paper 23 years •go In New Zealand, and did practically nil the work, himself, uritll It was floated Into a Untiled liability company. " ' THEN MR. FRANK MORTON was appointed associate editor and had dono the bulk of the editorial "C /Jfc«forring ;"to bin nationality, Baey'said he -was an Australian na~tly<j: "He was born at Richmond, Victtfrjdv and his father was born In the . British West Indies. Ten generations had passed slnco his family settled In England. "Baoyortx" was a Belgian name. Tho German way of writing the name was "Unyertr.," with two ' dots over tho "»\." He wrote a criticism ,on MUw Elsfe Spuln'a performance m tho "Trljid" In August lam, »n«V the "ThoiJtrc" then published tho par complained of. After this two policemen m uniform came to sp<? him. Mr. Wlndeycr: Yoti will admit your paper hit back nt tho "Theatre" frofluently?—Yes. •"In a cultured «ort of way — In fact, jrour papor Is a cultured organ?— Yes.

Do f you think it cultured y to call the "Theatre" '/the slop-pail" ?— I don't think the "Triad" ever has. Did you. call' it a' slop-pail?— No. You were editor of the "Triad", on October 10 last?— Yes. , In the editor's note 'of that date isn't the "Theatre" referred to as the ,sl6ppall?—They do not refer to the ''Theatre." I was -not editor at that time. Mr. Frank Morton was doing -the work. Don't you think , that - calling the "Theatre" the slop-pail is disgusting?— Not m that way. The wdrds only occur m the heading. :•.■■, •■' Do the words "slop-pail" refer to the "Theatre"?— No. . Did you wnite the article under that heading? — No; . it was written by Mr. Frank Morton! . . . EWd you supply the material? — I sent over some matter fop it from Sydney. Did you write" the article on Elsie Spain's "ers" and-, "ors" ?--I supplied .the material.- .1 wrote the introductory paragraph of the articje.. , The article was based on material supplied by you?— Yes. I wrote the matters about the "ers" and "ors." Is the heading characteristic of the "Triad"?— l don't think so.. Do you think it bad taste?— Not under the circumstances. ■ Did you write a paragraph which appeared m the "Triad" of March 10, m which it stated that "papers like the •''Theatre" ARE SLOP-PAILS through which the cess of- unimportant information and misinformation concerning managers and players filters"? —No. ' ' . You were editor then?— Yes, but I did not see a ' proof. • I was travelling about. 'Morton attended to that. Do you think It good taste to allow that, to go into the paper? — If I had been there I woilid probably have modified it, I would hot have written it myself. ' „" ' - ->. Did 'you write' a criticism on Miss Millie Dorrls?-^Nd. < Was not this written under your editorship:' "Her songs are fetid with beastly suggestions" ?— I did not write it. • . ' ' ■■■■■' >; ■" ■ Also this: "She has no charm, nor youth, nor beauty to commend her. Her voice was a- tiny cackle -with' bad breaks m it. ; She dresses poorly. She was altogether a common -sort of performer who *could hot exlst^unless she •appealed tb^heTjasest'faste 1 jt a- vulgar mob"?— lt was published "under my editorship, although I- was riot m New Zealand. - . • .; •Who started tbis controversy?^ could not say. ■ ■• • : -.'Do you really mean that?— l really could not tell you. It Is a fong time ago • s SINCE THE BATTLE BE&A.N. Were you ; responsible for all these criticisms :' "To' r day ' every tiling is grossly praised and fulsomfcly beslobber^a*'?— I did not write. that. And this: "Even poor old John Fuller has.it ladled out to him"?— l "never wrote that 'cither. < And this: "The 'Theatre' talks 1 the wildest nonsense about John's voice, etc."? — I never wrote that. Do you think it was fair criticism?— Yes, I do (emphatically). * Did your paper say about Mr. Fuller's voice that it was a good one once/but had deteriorated until it was like a pig's whistle?— Y'es. Did you consider that fair, cultured criticism?— Yes. " v ■ Do you know whether the "Theatre" was taking any notice about that time? — I could not flay. So you don't know whether the battie was going on or whether there was oltfy'a little sniping on the part of the "Triad' 1 In distant New Zealand?— l don't know. Will you admit these virulent attacks appeared m your paper monthly? — No; th* attacks were not virulent. Criticisms only appear occasionally. Did you reprove anybody, for these pars that you say you would not have published ?-—Yes, Mr. Morton. Did you. reprove him regarding the filoprpall articles?— l. objected to two parts of; It. , After the luncheon adjournment, Mr. W,indeycr. resumed his cross-examina-tion. Will you .war that "Herr" Is not a title of respect used by all Northern nations?— T will swear It is not. Would 4t strike you as incorrect to call the Premier of Norway "Herr"?— Yes, there would be no justification. WW you swear it is not used as a title of respect m Norway. Sweden, and" Denmark?— l ennnot swear X because I have never been there. But I do not believe It Is used. You would not think Herr Slapoffskl a Polo? — It applies to his race. Gorman Poles. MAY BE CALLED HERR. Will you swear It is incorrect to call a Russian Polo Horr?— Yes. It Is not done m England at present. ' I was talking about m Poland?— l do not know about Poland. You spelt two words wrong m one article. The word pestiferous appeared "peßtlforouii" and tolerate, "tolorate?"— That wns Mr. Morton's mistake. % The article In the "Theatre" was a reference to that? — Yes, 1 believe a fewissues were sent out before the words were corrected. Didn't you realise that the par was Intended to play upon the "ers" and "ors"? — No, I did not. Do you know any Germans m New Zealand?— Yes. Aro they worthy people?— They were, but I suspect all Germans now. You suspect them ull of bolne unworthy of trust or confidence now?— Yes. You know Mian Spain la an English actress?— l bcllevo ho. Didn't you realise nhc was being referred to simply n» the English actress, to distinguish her from Australian?— No, tho antithesis wn« so marked. This appears m your pupor cvory week: "Tho 'Triad' Is tho most courageous, conscientious and candid magu-

zine m the Dominion. Its wonderful influence is proved by the number of its , enemies"? — Yes, it has. been published m every issue for years. . . Well, I suppose you have quite ya number, of enemies, or have you lio influence? — I have a number of enemies, no doubt. . ■; ■ And very wide influence? — No doubt. Do you think this fair criticism of Mr. A. G. Stevens, who conducted the Red Page m the "Bulletin" for a number of years, and^is^now editor of the "Bookfellow" (reading from the "Triad"): "The 'Triad' doesn't wish to incur the- suspicion -of -so grave an offence as ■ that of taking Mr. A. G. Stevens seriously"? — Yes, I th(nk that FAIlt CRITICISM TO-DAY. And this: "With that glorious inaccuracy arid lack of scruple which furnishes his sole surviving qualification as a critic"?— Yes .. The words "lack* of scruple" reflect on his honesty?— N.ot...n.ecessarily.

Wasn't that practically calling hlm> a liar — No. Isn't some of your other criticism of Mr. Stevens pretty vitriolic?— Well, he aaid something tho same about the "Triad." Did you reprove Morton about a long article on Mr. Stevens? — No. I would like to know as a matter of taste, Is this a nice thing to write. In referring to the "Theatre" you say they publish the "thickest flapdoodle of laudation concerning the stage, which Is i read by shop girls, butcher boys and such like"?— lt Isn't particularly elegant, but I didn't write It. Mr. Morton wrote It. These sort of things appear m the "Triad" pretty often?— Not very^ often. Mr. Wlndeyer read several other Quotations, which the witness said were written .by. Mr. Morton, and admitted were not exactly elegant. What do you say regarding • the "Theatre" only being road by shop girls, butcher boys, etc.? — It isn't meant to be taken literally. Mr. Wlndeyer: Oh, it is mere abuse? — I do not call it abuse. There is an editorial note In the middle of an article. Is that yours? — No, it Is Morton's. Can you find anything you have writ--1 ten ? — Oh, yes. Mr. .Wlndeyer: I j haven't been so lucky! Didn't you feel called upon to apologise to Mr.. Fuller for an article, In which you referred to his.meanjness? — No, I wrote and told him I was sorry. ; Well; what Is the difference,? .Fuller i brought an action against you for 'libel [didn't he? — Ycb. And the Judge ruled that it" was legitimate to say a man's voice was like j a pig's whistle?— He. ruled m, my. favor. . ; . Do you think it elegant, after win- I nlng the case, to refer m- your following issue' to Fuller, as. "VINDICTIVE OLD JOHN," "stupid old John," etc., etc.? — It was absolutely ' true, so there was nothing wrong with it. ' ■ You sent a very poor report of Sydney people to New Zca'land? — I did not. You said m one article that people were more literary In New Zealand than m Sydney. Is that right? — On the average, Yes. You sent reports of Mlscha Elman's concerts to your paper? — I did send some matter. Your puper' contained criticisms on Sydney papers' criticisms? — Yes. And you wrote It?— I do not know that I vroic It all. In i- is artjelo you refor' to the "Horald's" criticism thus: "... Ludicrously fatuous rubbish. . . . Any stray lUltcrato waif or desperately feckless homo reporter Is considered good enough to write, a musical criticism. . ... Tho 'Herald' sjho.uld J not continue to Insult tho public m thla way." I supposo you know Mr. Mark Thompson has been for 26 years tho highly-respected critic of tho "Herald"?— Yes. But what I wrote i was Justified. •>. • j You also refer to It as "perfect twaddle"?— Yos. You wrote , from Sydnoy to tho "Triad" about Madame Molba's coneort?—Yob, 1 discussed the Sydney I papers' criticism. You attacked the "Sunday Times 1 '?; —Yen. because I saw a Hti##cstlon to [ boycott German music, and I OBJECTED TO IT. You wrote a criticism of Miss Jarvis '

when £he was -playing a part m the 'IGirl/in.the Tax-i"?— Yes: \\Ypu said, ".Her voice is . exceedingly painful to listen. to, utterly devoid of quality; and 'irritates one like the buzz of an insect"?— Yes, I found that. I You ".wrote other .biting criticisms? — It. w.as fair' criticism. • Did 'you come racross any actors or actresses whom you thought . were good.?— y,es, a .number of them. "Did you write, this "criticism of Nellie Stewart:- "Her- French • would seriously discredit a Yarmouth fishwife" ?— Yes. Itlwas merely a, .statement of fact. i- You: were' asked to leave the Athenaeum: Club?— No, I was not. .1 only ceSsed'»when I went* away.! ' ' ' < 'Was-iio objection made to ..you at the-: Athenaeum; Club? — Only on the scoie fcfvbeing- a German. E>o,y6u know of ho ill-feeling? — No, except that I corrected a member for aimlflqliotation of Shakespeare;, but I ; did'.hot"tHinkhc took offence at that., f •Didn't-y° u ktfow the reason for the polfctf'gding to .'the place where you we've' Hying 1 - ' was"; because there was sbnHe- trouble ; over wire? — No. They citne- ?there ■ pimply because ~ they tttdught £ was a German. ? Mr. VShand: About the Athenaeum blub.' How were you treated after this' article appeared? — I was given ;V ; .THE COLD" SHOULDER. \' Fuller brought an action against ypU?r-Yes. . \. • And he was asked to sing m court? • ■-. . ; „-• After hearing him, the judge, or the court,- decided that the criticism was ikiil— Yes. <!La\ighter.) ■..■<- •A; criticism has" been referred to about, some girl's singing. What was sung?— Some of the 1 songs were so bad [ ttia't I 'got upandvleft the place, so did [ many. . others. She was singing- at Fuller's vaudeville. | '-The 'same as the one we have here? -~Yes. . The one you refer to is man-aged-by the son. •■ . *'■ Mr. Snand tendered a "Triad."' with a-iorig- article -jwritten by Baeyertz, which dealt with Sydney, and its people ' ■■• .•■» • .■•'■;.- --' His Honor: It will surprise me greatly- if anyone has patience enough 'to read ,it all. (Laughter.) " • - -Hferbld Farkyri 'Williams, managing editor of the Land 'Newspaper Com-i>o-py> sald.he met Baeyerta'in August last with regard-to publishing 'the 'JTriad" m Sydney.; When he read the article inMhe "Theatre" ,he came to the conclusion- that Baeyertz was a German: At the present time he regarded all Germans as being unworthy •6ff trust or confidence until he found fherri to be otherwise. . "~ • -Arthur' N. White, an advertising contractor, also said that when he saw £he ; article In the "Theatre" he came td the conclusion that BaeyeTtz was a German. A subsequent interview with plaintiff satisfied him that he was not a' German. John P. Adams, an advertising canvasser, said that he did not know Baeyertz," but knew he was managing director of the "Triad." He always thought him an Englishman" until he ' SAW THE ARTICLE m the "Theatre" then he came to tho conclusion that he was a German. •• The court-then adjourned until Tuesday, Mr, Shand announcing that he had closed his case. ' '-• Mr. Wlhdeyer' asked his Honor to rule"' that the words complained of were not- capable of the innuendoes charged m the plaintiff's declaration. He submitted' that no' court would sanction the Idea, that, because the majority of the people believed that certain persons m th*e State were' said to be Germans, the latter were unworthy of trust and confidence. It was petty for anybody to -baliove that every German he had known prior to tho war had, since it br6ko oat; become unworthy. •His Honor: I'm afraid I'm rather petty/ then. I will not rule that way. • Without calling evidence. Mr. Wlndeyoc addressed the jury. He said they would .have gathered from the ovidence that the subject matter was part of '/ , . A .SLANGING MATCH which had been going on for the best part of three years. Month after month while the "Triad" was attacking tho "Theatre,", the latter took no notice, and it was only when the attack upon Elsie Spain was* published m the "Triad" that the .defendants hit back. The law w«\s perfectly clear- that If two persons indulged m a slanging match —throwing mud at each other — and In the'procoss one got a rather harder knock than ho expected, he could not come to a court of law and demand rcdross. BaoytTtr. had not mado out that he had been damaged m any way, and the. evidence showed that anybody who had been Induced to think that ho was a German, by the article was quickly disabused of the Idea on meeting the plaintiff They ought not to tolorato squabbles of this sort being allowed to take up the time of "the Supreme Court, m order, that the person said to be aggrieved might make' a little money, or • ADVERTISE.- HIMSELF, or his paper. That, ho put It to them, Vi-as tho one and only reason that BaeyerU had brought the action. In summing-up, his Honor said tho question of whether the article complained of was a libel on the plaintiff was entirely a matter for the jury. Ho had to satisfy them that he had madu out the Innuendoes sot out m his' declaration, viz.. that he was unworthy of trust and confidence, and that he was a German, an enemy of England, and disloyal. They had to ddtermlne whether ordinary persons would infer that the article boro that mowing. The d6fcnco sot up by air. Wlndcyer was that In a cane of this kind, when two persona wero squabbling wlth.onch other, and calling ono another opprobrious names, neither parly could come to a court of law and nak for (larnnßt."- Where two parties, however, hud been indulging In 'mutual abuHe and recrimination, ono. of them might go too far, and In

such a case another could bring an action for'llbcK TnUhe prcsont case, the squabble had be©n groing on between the two papers for" two Or three year.", perhaps iongcr-~plalntlff himself couldn't remember the exact period, it ■was so long—^and at times the criticism m the "Triad" undoubtedly descended to the GROSSEST VULGARITY. Plaintiff, while admitting that be wrote Home of the articles, said that Iho others wero Written by Morton. Tho latter. fact would not absolve him from responsibility, however, and that would l>o a mutter which the jury would be entitled to consider, if they came to n quoatlnn of dnmagvH. .After about hnlf-an-huur's retirement, tho Jury returned with a verdict for plaintiff, and asaeased damages at la. • ...