HORSE-TRAINER v. NEWPAPER

Otago Daily Times, Issue 14926, 31 August 1910, Page 8

HORSE-TRAINER v. NEWPAPER

*• A LIBEL ACTION. JUDGMENT FOR £5.' (Pra United Pniss Association.) PALMERSTON N., August 30. At tho Supreme Court yesterday afternoon, before his Honor Mr Justice Cooper, Alfred James Sheareby, horse-trainer, of Awapuni, claimed! £250 damages for alleged libel from the Christchurch Press Company (Ltd;). Mr W. L. Fitzherbert, with Mr C. A. Loughnan, appeared for tho plaintiff, and Mr M. Myers,- of Wellington, for the defendant company. The libel, was said to be contained in the following from the Manawatu special correspondent to tho Press :—(a) "Price is certainly entitled to the highest praise for the, way he has brought his horses along. When he took charge they were in anything but a satisfactory condition, the best of the lot, Polymorphous, being perhaps the woTst off." (b) "Ho was for some time after Price had him badly affected with rheumatism, and only repeated fomentations got him well again," meaning thereby that by reason of Hie unskilful or negligent treatment of the plaintiff the "horse Polymorphous had contracted rheumatism, and further, that the plaintiff had failed to treat it with the usual remedies for rheumatism in liorses, so Unit only the repeated applications of. hot fomentations cured' him. (c) "That it may be remembered Boanerges, who, is now in. tho front .rank of sprinters, developed a penchant for falling. Price rode him himself till he arrived at a solution of that peculiarity." (d) "He (meaning the said Geo. Price) " is painstaking, attentive, and thoroughly conscientious in his work—qualities that count for a Jot HI training, as well as in other pursuits." (e) " Whilst his success with Nylaad, who is credited with a superlative'temper, is regarded in some quarters as tho most valuable demonstration of Price's abilities."

The statement of defence admitted that on May 4, 1910, it published the words complamed of, but denied that such printing and publication were malicious. Tho words wore not published in relation to bis profession as trainer, and did not refer U him. They were incapable of deMmatory meaning, and' were no libel. Pontiff had suffered' nothing by. the publication in his business, or in any other

Evidence was given by J. M. Johnston, secretary of the Manawalu Racing Club, J. Goring Johnstone Willis, traveller for Shaiiand and Co., - Vincent, of Pahiatua Geo. Rrjcc, horse trainer, Bernard Loyle, of Palmerston North, and plaintiff. r

•j t- ls not a case foT b 'K damages," raid his Honor, "but there is distinctly defamation, and I donbt if any evidence that can be produced for tho'defendant will change that view, except as to possible mitigation of damages. At present I should-assess tho damages at £5." Mr Myers then said that in that case he would not call any evidence. His Honor then gave judgment for the plaintiff .for £5. This was not merely nominal damages, but substantial damages, and indicated that the plaintiff had properly brought the action. Tho newspaper had published, the second article, and if it had not done so there would' have been some reason for punishing the newspapers. The newspaper had done nothing which might bo considered a wilful attempt to slander the plaintiff's character,.

Mr Myers said the Press Company had not the(..slightest idea of reflecting on Mr Shearsby, and their view was that.they had in no way reflected upon him His Honor said the plaintiff had done j- g i '" . b . nn 6 in S the action, and the verdict would bo an intimation to the public that ShauNby had handed the horses over .in good condition, and that there was no reflection as to his ability as a trainer H_a gave judgment for the plaintiff for *<o with costs on the lower scale Mr Myers submitted that the ! article wis m no way defamatory. They could not take separate sentences of the; articles. It had to be tested-as a whole. What was the object of that article? Was it not intended as a , compliment to Price' It could jiot be disputed that the writer oi tl» article was mistaken as to Polymorphous suffering from rheumatism, or Boanerges habit of falling. Those mistakes of fact could not bo held' defamatory, and it was not for a moment stated f a r ,if V ? t , a /f € , f * d ' lt was Sheafsby's fault that Polymorphous had rheumatism or Boanerges the falling habit. His Honor said the article contested Price, management of the horses with th!\t 0 Shear %V ,ot 1 onl r in »P«* to the three particular, horses, but to the whole team. That was ifae only-way he could read the article. 7