NAMES IN FICTION.

Otautau Standard and Wallace County Chronicle, Volume VII, Issue 361, 9 April 1912, Page 7

NAMES IN FICTION.

AMUSING EVIDENCE

Another lawsuit over a name m A piece of fiction came before the Lord V(3__tef Justice of England the other djiy.- Tt <xhK| cerned a humorous sketch entitled ' A Sa«q| Affair,' written by Mi; T Randall, and published m the _' Pall ...Mall Gazette.' It introduced a- V daandifigS. character called "Mr G«ot*g^FlaTltier£?j who wore very bright and tight' hroga boots, had a moustache of " yellowvJjS^ments," and carried a remarkably 'flexible cane. The sketch went on to describe how Flanders took out to tea two lady friends " attired m a resume of the latest fashion," and suddenly finding himself " without a sou," borrowed 3s from the ladies, the sum being made up of two shillings, 11 coppers, and a penny stump. -On the ground that the article ref erred to him, and was defamatory, an action for libel was brought against the 'Pall Mall' by Mr George Charles Flanders, a motor car dealer and owner, of Duncan terrace, Islington, who carries on business m Hitehin. He complained that the article injured his credit and reputation, and brought him into odium and contempt by implying that he was a vulgar and illeducated person, had endeavored to impose and had imposed on two women ; was a fradulent, dishonest, and dishonorable person, an adventurer, and one who was m the habit of practising petty and mean tricks.

The defence w<i6 that the matter complained of was pure fiction, and did not refer to plaintiff.

— Exit the Moustache. — Mr Flanders, a tall, clean-shaven man. with dark hair smoothly brushed back from his forehead, giving evidence, said he had a moustache before the publication of the story, always wore bright brown boots, and carried a cane which might be called flexible. His attention was called to the story by somebody sending him a copy of it cut from the newspaper. Mr F. E. Smith, K.C. (cross-examin-ing) : Do you always wear light and bright brown boot 6 ? — Yes. (Laughter.) As a matter of convenience, or what.? — l r es, if they fit me.

Do you always carry a remarkably thin and flexible cane? — Yes, I have done so. And generally your friends would know you by your boots and cane? "I don't know," said the plaintiff, somewhat embarrassed. Witness added that he knew nobody on the 'Pall Mall Gazette' nor the author of the story. Is there any other' gentleman named Flanders m the telephone directory? — I can't say.

The conversation m this story was not of the kind you usually use? — No; but I do joke sometimes.

But you don't express yourself m vulgarity such as that used m the story?— Oh. no.

You don't talk the least bit like that. You don"t say "gal"? — No. Have you any otheT reason except the boots, cane, and moustache for saying that the story refers to you? — No. It" does ..- fer to me, though. How long have you become clean shaven ? — Twelve months.

Your moustache could not have b?en called "yellow fragments"? — I don't know, lt was yellow, though.

It was not as yellow as your brown boots. Wasn't it a thick moustache? — I shouldn't call it so.

Counsel : I suggest that it was not yellow, and did not consist of fragments. (Laughter.)

The Lord Chief Justice : Do you belieye that your friends, though you may have stroked your moustache as people do who wear them, would think you were stroking yellow fragments on your lip? Mr F. E. Smith : You think it would be an accurate description of your moustache and your movements m regard to it? (Laughter. ) — Yes.

His Lordship • You tell the jury that it was a yellow moustache, and those weie your sentiments m regard to it? — Yes, my Lord. (Much laughter.) Witness added that he thought the story was written as " a bit of spite against him," and he regarded it as a personal attack.

— " Taking a Rise " Out of Him. — Mr Reginald V. Boys, solicitor, _ of Hitchin, said he thought the article, eferred to plaintiff. He could not say that the story had affected his relations with Mr Flanders.

The Judge : I should have been surprised if you had said it had. You would have been a bad judge of the world had you said so.

Mr Smith : Are you familiar with the "Artemus Jones" case? — I have heard ol it, but don't know much about it.

What did you think of this story? — I thought it was a kind of humorous skit on plaintiff, as if somebody was trying to " take a rise " out of him.

Mr David Clark, paint color manufacturer, of Hitchin, also stated that he thought the story referred to plaintiff.

Mr Smith : Could you describe Mi Flanders's moustache as yellow fragments': — That's about it.

It that the language you would have chosen? — That's about it.

Did he wear bright brown boots? — Yes, I think so. A copy of the paper containing the story was circulated m the hotel plaintiff sometimes visited, for anybody. tc read.

Did anybody think he had behaved m i disgusting manner? — It amused us. We thought somebody was casting ridicule at the plaintiff.

Mr F. E. Smith, for the defence, said that since the Artemus Jones case, which was now a legal authority, no more extreme effort to extend the doctrine laid down m that case had come before a jury. No more preposterous claim could be conceived. Plaintiff and his advisers had m their minds the Artemus Jones case, and thought the present action would be a little gold mine. "What about people with names like mine?" said Mr Smith ; " and what about the Joneses?" There may be a suggestion m a stoiy ihat a certain John Jones was drunken, and what is to prevent a man named John Jones from calling his own particular little coterie to say that they thought the story referred to their friend? If so, a man need, only to write about a John Jones to receive a hundred writs. " Counsel argued that the action was absurd.

Mr Wilfred J. Randall, the author of the story, said he had never hoard of plaintiff until the present action, and knew nobody of the name of Flanders.

Eventually the jury returned a verdict for defendant Avithout leaving the box. " You would not want much intelligence

to arrive at that verdict," said the Lord Chief Justice, amidst laughter, as he entered judgment for defendant, with costs. This is the third recent action over names m fiction. Li addition to the Artemus Jones case referred to, a lawsuit was brought m respect to a work of fiction, ' Motley and Tinsel,' m ' Lloyd's Weekly ' newspaper. The authoress afterwards published her work m book form, and obtained permission of Mr G. B. Shaw, Mr G. R. Sims, Mr Barry Pain, Mr Pett Ridge, Mr Chesterton, Mr Belloc, and others to use their names as those of the characters m the plot.