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NZ Truth, Issue 874, 26 August 1922, Page 5

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SEEKS FOR SPIRITUAL SPONDULICKS «rt__— _MMt A Dud Slander Action SOILED LINEN WASHED IN COURT

The psychics and snookists of Wellington, and of every other town, will have their little' dust-ups, but generally they keep them fair*/ well to themselves. Not so John 'Page, of whom every "Truth" reader has heard more than once, when he formally put m an account for £501 damages for libel alleged to have -been spoken of him m the words, "The poli.se now hold a letter that will send John Page to gaol," by Mrs- Margaret Stables one sunny afternoon m May when her street collecting on the B.N.Z. corner on behalf of the starving Russians suffered a hiatus while James Toomath and William Anderton, co-spookists with Page, conversed with her on .topics and subjects. The case came on before Mr Justice Salmond and a jury of twelve. Lawyer Hislop helping John Page with his bill, and Lawyer Myers taking" sides with Mrs Stables. Lawyer Hislop oponed up with a heart to heart talk, with the jurymen as to what was a fair thing for them to do m view of all the circumstances. Slander, he pointed out, was quite a different sort of amimment from libel, one was spoken and the other was written, and- the law allowed no man to take action for damages for slander unless he could show that damage had truly and actually followed, unless, ana, here he spoke m italics, the slander came under one' of several special heading's, and' one of these headings provided for the case m which the slandered accused another person OF HAVING COMMITTED A CRIME. That, said Mr Hislop m his best style, was the present case to a fraction, or words to the same eff °.jt. A short word picture was then drawn of the heights to which John Page had risen airiong or above the remainder of his flock, and, the picture being complete and pretty, Lawyer Hislop embarked upon a large description of the particular faith relating to spooks and their works. He did not believe m it, he suggested, and he was sure that some of the jury did not, but that was no reason why tho whole idea should be thrown out and treated with scoff. The Twentieth Century equivalent of throwing to the lions was touched upon, the agonies of -persecuted spiritualists convicted and fined ' for for-tuiie-telling being" mentioned as ah aside, Page's two appearances before Magistrates and the consequent-par-tial filling of the country's coffers not being overlooked. A general run over the claim followed and the horrible effects of the alleged Slander upon the peace of mlnd of John, of his Ostracism from decent men and women and the pain and suffering Of his family were set out for the jurymen to look upon and weep over, should they later wish to do so when their verdict was being thought over, and then counsel let the Court into the secret of why £501 damages were being claimed. In the very beginning, he said, John P. had not any wish, thought, or desire for mere coin of the realm; All that he wanted was to have his name cleared of the blur and blot throw" all over it by Mrs Stables's horrid slander 1 . Therefore, he had written, per solicitor, to ask her to say how sorry she

was, per newspaper advertisements; that there was nothing m it, and so on and so on, to all of which Mrs Stables, being a lady, merely declined, again through a solicitor. WHY £501? Because if anything less was asked for the case could not be brought before a jury, and if there was anything that John P. wanted badly it was to have his name cleared m thorough style while he was about it; He wanted a cleared name more than the cash, and, therefore, he was going to I walk into the box to be asked questions just as Mr. Myers thought them 'out, as hard and difficult as possible. His Honor did not see why that was necessary at all* but Mr Hislop said he wanted to. do it all right. He wanted John Page to be asked questions all about his life. Mr Myers: I shall be very glad indeed to. do so. There was a little. more talk about Ithat and the case truly and properly was under way, one James Toomath, who gave his name and address as. sec- , retary of the New Zealand Natives' I Association, but later let on that he was an officer of the church— "Truth" is told that it is a church — being the first witness. He knew Mrs Stables, he said, and' on May 5 he took along Anderton and introduced him and then stood by politely and was not m the, least interested m what was going on. By and by he did take ari interest for he heard Mrs Stables say what she was supposed to have said: "THE POLICE HAVE A LETTER m their possession that will send John Page to gaol," and then he did take an ear m what was happening. • Lawyer Hislop: Well, What was said then?,— She went ori talking, saying what he was and what he was not. I went away and Anderton. stayed a little longer. It was Mr Myers's turn after many more questions had been put, and he wanted to know how long Toomath had known Anderton, and why and where, how many times he had seen him that day, and where and why, all of which questions were answered accordingly and with detail.. Mr Myers suggested that the introduction of Mrs Stables to Anderton was HARDLY A CASUAL AFFAIR, but that it had been arranged just a little time before.— Oh, no, said Toomath, he knew that Anderton wanted to meet Mrs Stables, and so it was. I suppose he told you that he was going ,to raise the question . of Mr Page?— -No, he did not. Then came questions as to the inside working of tlie church. "Anderton was m it, too," ■ said Toomath. I put it to you that this is the way the conversation started: You intro-r duced Anderton' and that immediately he started somehow; like this: ''Mrs Stables, I am going to talk very straight to you."— Witness could not remember. Do you know that prior to that something was said to the effect that Page was not telling the truth when he said that he and Conan Doyle had\ been on the- same platform, and do you remember Andert'"- saying that

[he had been on the same platform m England? Do you remember Mrs I Stables saying that she held A LETTER FROM CONAN DOYLE stating that he had never met John Page and had never heard of him? — Toomath did his best with his memory, but failed. Well, then, can you remember Anderton saying, "Well, I am a liar," or "Do you call me a liar?" or something like that. — Toomath's memory brightened up. He remembered something of the kind. And when that was said Mrs Stables remarked: "Well, I believe Conan Doyle?" — The memory failed again. Perhaps you remember saying: "Why, Conan Doyle, he is the BIGGEST LIAR ON EARTH?" — I may have; that Is what I think. But you did not tell him that when he was m town? — I didnt have the pleasure of meeting him. There were a heap more questions, quite a few of them beyond Toomath's memory, but he rememberd that John P; had been convicted twice on charges of fortune-telling, and he added: "He's none the worse for that. In my opinion, a lot more people should be convicted, but they aren't." What are you talking about? — Oh, nothing. More questions'" did not carry the case much further ahead, and then William Anderton stepped up and took the oath. He was a spiritualistic lecturer, healer, herbalist and medium, he said, and he sounded like a lecture!*, for whenever a question was put to him he gave a lecture. He did not heal or herb, but he was of medium build. He told how he had come out from England on a year's engagement with the church, how the year had run out a fortnight ago, etc., etc., etc. He told how he went along to be introduced and heard the dreadful words pronounced, or words just about the same. He had remonstrated with her on her "silliness" (his age is a whole 34) and had "talked straight to her." Certainly she had said that the police had a letter which would put John Page In gaol when they liked to act upon it. * The round of questions from Mr Myers set m and the case went a little further, but not much. Anderton opined that Mrs Stables had mentioned John Page first, and then the honoi* done to Sir Arthur Conan Doyle when Page sat on the same platform was mentioned. It had happened, said Anderton. Wallace Herbert Stewart, one-time an officer of the church, got through his evidence m quick time. He did not have much to say beyond that on the morning of May 5 a deputation had waited upon the Minister to see what could be done towards stopping the fining of -warranted genuine mediums, and that In the evening a second and smaller deputation hied them to Inspector IVfcllveney's office to hear just what might be' m that letter, but there was no letter to see. Page walked to. the witness box and waited for Mr Myers to do his worst, Mr Hislop not considering it necessary for him to make an examination. Mr Myers's first question had to do with a letter, not about John Page or to

John Page, but from John Page to the Editor of "Truth," written about the time "Truth" threw some light on certain "spiritualists" m an article GILT-EDGED Yes, said . Page, the. letter was his, and counsel then read it to. the jury, calling a halt for a moment before a passage m which Page had attacked an established religion m terms which counsel maintained amounted to BLASPHEMOUS LIBEL. > "Truth" did not publish the letter when Page forwarded it to the Editor, and does not do, So now. It was'referred to m our columns at the time. \ie you bringing this action to clear your character or to recover damages '?— Both. His Honor raised doubt as to whether the evidence which Page could give would be admissable, -and later ruled, m legal language, that that evidence would be "dud." Mr 'Myers appeared disappointed, but he ! brightened up and addressed the jury. It was common ground, he said; that there was no good feeling between Page and Mrs, Stables, and the jurymen, as sensible men, could read between' the lines. He ventured to suggest that the meeting between Mrs Stables and: Anderton and Toomath I WAS A TRAP V I suggested by, either. Page or Anderton. ' - -: I want to suggest to you that you have two men who either laid a trap Or who were parties .to it, going along to Mi's. Stables with the express pur-, pose of getting her to speak m derogatory terms of the plaintiff Page, arid whether or not they migfit not only too gladly have been prepared to distort '. the statements that ,she might make, to give Page what he desired, the opportunity of bringing an action. What Mrs. Stables had. said of a letter, continued Mr. Myers, referred to the letter Page had written to "Truth," and what. she had said of the police was: "If you want Page's character go to the police," but Toomath and Anderton had JUMBLED THE SENTENCES together into the form upon which the action was based. In her first two or three answers to counsel's questions Mrs. Stables, m the witness box, made it plain that the Spiritualists did not see with a single eye, but then she passed on to the introduction. Shortly after the formalities were completed, she said, Anderton commenced: "Mrs, Stables, I am going to speak very straightly to you. It Is. not true that Sir Arthur. Conan Doyle did -not meet John Page tn England." She answered that she had a letter from Conan Doyle stating that he did ; not know John Page, and Anderton said: "Well, I am a liar." Tooxriath interjected with a remark about Conan Doyle being the biggest liar on earth, and m answer to Ander.r ton's question of whether he Was a liar she replied: "I believe Sir Arthur Conan Doyle." Anderton- then said there was no better medium than John Page, that" ho intended to defend him to the death, and that- he intended'

to see the matter through. Witness had replied to that: "John Page is a DISGRACE TO THE CAUSE. He was on your platform at Christchurch on Sunday and it does you no credit." Witness had then said that there was a letter m town which, if published, and John Page had his deserts, would put him m gaol, and then, feeling that she was "degrading herself" by talking to "these men" she said: "If you want John Page's character go to- the- police, Good-bye, Mr. Anderton." Mr. Myers: You mentioned a letter and you mentioned the police, but did you say that the police held a letter? —I did not. Then" followed the cross-examina-tion, and the unhappiness of the Spiritualistic family circle figured largely. Witness said that she had been elected ; president of the New Zealand Council m 1920, her sole reason for accepting the office being that Page had said: "God help the National if a woman Is at the head of it." From Christchurch the witness carried the tale to the Auckland conference where, she eaid, because of a conspiracy among members of the association and the untruths told- she had resigned. Then she told of a certain historical meeting m Wellington 'when Page forced his way m without right or permission and on being turned out by vote of the meeting shook his fist at her and said that he WOULD BRING HER TO ,- COURT. Did you tpll Anderton to keep clear of Page — that it would do him no good to be associated with John Page? —I did. . I would say that to anyone. Did you suggest that there had been Impropriety between PAGE AND A CERTAIN WOMAN? (Named.) His' Honor stepped m and asked 1 what that had to do with the, present action. If a libel action lay a libel action could be taken, but that action was not going to be tried there and then. In Summing up, his Honor referred to the letter written to "Truth," and remarked that though he would not say at once that it amounted to blasphemous libel, a woman like Mrs. Stables might very well think it so. Her explanation might be a perfectly reasonable one. She had given evidence of what she had said and the other side had given evidence of what it thought she had said. It was quite possible that both Toomath and Anderton had mixed up the two statements. "Her explanation," continued his Honor, "seems much more probable than that given by the other two witnesses m spite of two to one." His Honor added words of advice as to fair and reasonable damages, if any were to be given, m such a case where but two men, both friends of Page, heard what was said. The < jury considered that a fair verdict would mention NO DAMAGES AT ALL, but that on the contrary the case should go to Mrs. Stables, John Page to have the privilege of writing cheques for the costs and fees bill.