A SENSATIONAL LIBEL CASE.

Otago Daily Times, Issue 9039, 14 February 1891, Page 5 (Supplement)

A SENSATIONAL LIBEL CASE.

(London Correspondent of the Argus.)

The sensation of the last fortnight has been the great libel case of The Queen in the Prosecution of Marks v. Butterfield. Mr Harry Marks, pioneer of daily financial journalism, leader of the " moderate " party in the London County Council, Conservative candidate, country gentleman, owner of racehorses (or rather, of a racehorse), millionaire, wit, and man of fashion, has naturally a host of enemies. Coming to England some seven years ago under the icgis of the late Colonel M'Murdo, an American financier of the " wild-cat" order, he became editor and part proprietor of the Financial News, the primary object of which was apparently to push Colonel M'Murdo's own pet ventures, such as the Delagoa Bay railway. But Harry Marks had higher aims than such work as this. He gradually ridded himself of-the-American colonel, and posed as the cne incorruptible journalist of finance—doing an immensity of good in the way of smashing rotten schemes, but at the same time attracting an infinity of hatred, not only for what he did (in the way of wrecking), but for that which he left undone, ifc being firmly believed either that he was at the back of some wild-cat schemes himself, or that he let others come to maturity undenounced for reasons best known to himself and their promoters, so that among his enemies were not only reckoned the vast array of dishonest promoters, but a large section of the honest Stock Exchange. In the law courts he seemed to bear a charmed life. Three and twenty liljel actions he had triumphantly defended, by the aid o£ George Lewis and Sir Charles Russell, and ho had in turn extracted damages and an apclogy from the great Mr Henry Grenfell, a director of the Bank of England, and one of the most pompous and respected men in the city of London.

the course of his-self-imposed crusade against the " wild-cat" promoters, Harry Marks had shattered a very promising scheme, started by a certain promoter named Butterfield, under the name of the " Homer District Consolidated Mining Company (Limited)," for extracting a million sterling from the public. Butterfield was one cf the 23 unfortunates who sought vainly for a remedy in the law courts; but more vindictive than his fellows, so far from sitting down quietly nnder his defeat, he not only went into the Bankruptcy Court, but issued a pamphlet, and caused ifc to be hawked about the city, raking up an old scandal in Mark's early life, and generally accusing him of "exploiting London"—a phrase which the Recorder was totally unable to make head or tail of. This pamphlet—especially the story of the scandal—was more than poor Marks could afford to ignore, and he accordingly commenced criminal proceedings against Butterfield, his forensic champion being, as nsual, Sir Charles Russell, Now, upon this it appeared to Marks' enemies that heaven had delivered their enemy into their hands. Overtures were made to Butterfield to fight the matter oub. Funds were promised "for his thorough defence, and hopes held out of a substantial solatium in the not impossible event of a forensic disaster, followed by two years' imprisonment. Butterfield was game to stand the racket, and the lists were cleared for the tournament. Ifc so happened at the same juncture that the criminal bar had come to the conclusion that the time had arrived when some stand must be made against the intolerable brow-beating ot Sir Charles Russell.- And the honourable but trying task of giving him a Roland for his Oliver was confided by universal acclamation to Mr F. C. Gill, a sturdy South of Ireland Tory, already known, for his somewhat boisterous ability and pluck. Considering how much money was supposed to be at the baok of Buttcrfield's defence, it was rather a surprise to many people to find that he had no more dignified a leader than Mr Gill; bufc hardly had the trial commenced than tho reason and wisdom of the device became apparent. Gill had evidently to fight Sir Charles Russell with the gloves off, and for nine days he kept up such a volley of chaff, repartee, scorn, and insolence as nearly maddened the great advocate, and must most certainly have mad 6 him feel tbat his fees of 5500 guineas were bitterly earned. Of the Btory proved against 'Marks— for it was he who was really on trial— not much need be said. The old scandal ■which was raked up brought on the scene a Jewish widow, Mrs Koppel, whose husband had been a newspaper proprietor in New York, and who after his death accepted the consolations of the principal leader-writer, young Harry Marks. There wa3 a baby, aud it was in dispute how much or how little Harry Marks had contributed to its support. Certain it was that, "purely for her protection," Marks had induced the widow to give him a bill of sale and a power of attorney, which placed the newspaper and other of her possessions in his power, and it was common ground between them that on one occasion she. had come down to the oflice and smashed all the furniture and fittings to splinters by way of a protest againsfc the" bill of sale and other of Marks' iniquities. Thereafter followed an incident, characteristic of New York, which greatly prejudiced the jury against Marks. He went next day (Sunday) to see a " judge" who was a friend of his, and, after enjoying the judge's hospitality at lunch, repaired with him to his courthouse, where he swore an affidavit that Mrs Koppel was mad, whereupon the judge issued a warrant for her arrest, she being only released next day on medical testimony thafc she was sane. The other part of the case urged against Marks was that he bad secretly promoted one of the many " non-auriferous " gold companies in the Transvaal, that the company had gone to allotment on insufficient applications for shares, that his own relations had made this good by personal applications, and that the family had "unloaded " on the public by means of a " leaderette " and also "advice to correspondents " in the Financial News, which, however, carefully abstained from mentioning that its own editor was the person chiefly interested in the disposal of the shares. The good old recorder, Sir Thomas Chambers, confined his summing up to the Koppel incident, being apparently totally oblivious of the mining incident, and thereby showing that he could never have put any of his own money into a Transvaal scheme. He directed the jury positively that the defence was not made good, and almost ordered them to find fortheprosecution, but tbis ruling tfiey defied, finding that every word published was true, and uttered for the public good. It is part of the theory of Marks and his remaining friends that the fact tbat the court was crowded for the nine days of the trial with all the financial villainy of London (his enemies) had a demoralising hypnotic effect on the occupants of the jury box, and led them to give a perverse and senseless verdict. I am sorry for Marks,, who is a cheery, useful, and amusing fellow.

One curious incident of tho affair is that George Lewis has been ostentatious in bis patronage of Mr Gill ever since he showed his teeth to Sir Charles Russell.

On Saturday night Dr Robson Rouse gave one of.his smoking parties to "All London," and there George Lewis, taking Gill by the arm, sat down with him in a corner, and chatted and talked aloud for three hours in the sight of all men, by way of emphasising his admiration of the coming man. He has undoubtedly made his fortune by one of those "miracles" which live in legal history. ______

—The Anglomania now rampant among well-bred French people has extended to 'tho authors, many of whom endow their heroines with English names. A comic feature in this fact, and perhaps at the same time a testimony to the popularity of a recently deceased novelist, is that "Wilkie" seems to bo received as an English female prenom.

In Vienna a wealthy baroness, who lately died, is believed to have destroyed securities worth 1,000,000 florins, in order to deprive her stepohildren of their anticipated inheritance, At her death no money could bo. found, and hei maid testified that she had eeen the baroness burning share certificates by t!je. hauflflll, 1