MAGICIANS' SECRETS

Otago Daily Times, Issue 22632, 25 July 1935, Page 16

MAGICIANS' SECRETS

AN "IMPROPER", DISCLOSURE

Mr Noel Maskelyne, a member of the famous magicians' family, gave evidence recently in the King's Bench Division in the libel action brought by two musichall artists, says the Daily Mail. Mr Alfred Giddings and his wife, of Alexandra road,, Gipsy Hill, S.E., professionally known as " The Zomalis," allege that they have suffered damage by an article in "Answers" purporting to describe how their " turn" was performed, and claimed damages against the Amalgamated Press,- Ltd., of Fleetway House, FaTringdon street, E-C. (the publishers), and Mr J. C. Cannell, who wrote the article.

They also alleged that the article meant that they improperly disclosed the secrets of their act.

Mr Maskelyne said that after reading the-article ho wrote to Mr Giddjngs refusing his application for an engagement. One reason for the refusal was that there was no vacancy, and a second was that he thought the exposure in Answers would render it, difficult to make a success of a thought-reading net, Cross-examined by Mr Norman Birkett, K.C. (for the defence), Mr Maskelyne said that most magicians regarded it as improper to disclose secrets, and he agreed. The only witness for the: defence was Mr Henry Samuel Yates, assistant editor of Answers, who said that in the caw; of a journalist of standing, it was not customary to inquire about the source of his information. Mr Birkett submitted that there was no case to go to the jury on the question of libel. "It is not defamatory to say of a man that he has committed a breach of etiquette," he declared, "unless that breach would lower him in the estimation of mankind generally." Mr Justice Swift: Suppose you said that a lady of fashion was riding on the top of a hansome cab, might that not be held to be holding her up to ridicule?

Mr Birkett: I should require to know what time it was.

l>t the answer be " Tn broad daylight down Bond street." —I think that that would be defamatory.

Or at midnight up Regent street?— Equally defamatory, but I contend that to say of a lady that she was riding

on the top of an omnibus would not be defamatory. No reasonable citizen would think less of her for riding on the top of an omnibus. , Mr Justice Smith: "Not now, but you are too young, Mr Birkett, to remember. I can remember the time when ladies who rode on the top of omnibuses were looked at rather askance.