A THEATRICAL LIBEL CASE.

Otago Witness, Issue 2456, 10 April 1901, Page 55

A THEATRICAL LIBEL CASE.

Mrs Minnie Menzics Stuart, known professionally as Miss Billie Barlow, raided an action in the Supremo Court. New South Wales, on March 23, against WiU-ar-i M'Leod, as proprietor of the Sydney Bulle tin, for libel, and claimed £5000 as damageThe alleged libel \va3 published in the Bulletin of January 12. and stated: — "The Sydney Tn oli pantomime still rushes strong As it rushes one becomes more and more impressed by the riskiness of Miss Billie Barlow's first costume. It is a costume that does not simply suggest the ' nood ' m the ordinary stn«e; it rather suggests that "Miss Bilbo' has taken off her fle^h and is wandering about clothed in her naked feoul "' The paiagraph, according to thp plaintiff, meant that she. while actmg in the pantomime ot " Puss in Boots," wa^ wearing a costume which was indecent, whereby she had suffered distress in body and mind.

The defendant enteied a plea of not guilty. Mr Pilcher, K.C., who appeared for the plaintiff, opened the case, and before the court adjourned it was anauged that the plaintiff should appear ,a the second part of tho Tivoli programme that night in costumes worn by her during the run of the pantomime, and that the jury, for whom reserved seats would be provided, should be in attendance.

On the following day the plaintiff entered tho witness box She said her name was Minnie Menzics Stuart, and she pla.ycd under the name of Billie Barlow. Tho dress referred to in the paragraph was the tame dress which she wore flft the last pantomime in London and in the provinces. At the Royal Deptford Theatre, at NewCross, at Leeds, and at Oldham, she had worn exactly the same dress, and precisely similar dresses made from the same sketch at other theaties. She always had her

dresses bkeuved by an artist, so thai they would be onginal The dre«s she wore was the usual "poor" flre=s of the "fir«t boy" Later on. as the "boy" became rich, ha uoie difiero.it clothes. No exception had e\Ci- been taken to her dre c a by anyone or iuiy ppper but the Bulletin. Whenever and whorcv er she had pl?yed "principal boy" she had worn the same style of drc-a in. theatiPt. Tho manager took rupemsion of t'ue costume 3 , and no manager, so far a- her experience went, \.ould allow an imnroper dress to be wo. n Mr Justice .Simpsc'.i • In London it is nof left to the manager Theie is someone cl c c to look nfier it The Wn.iOss The County Council wera \eiy po.rt eutrr, hut the manager w a= the re-spo-i'ib'.e per on A parafciaph tuch a« that complained of would do her a lot of harn 1 prolcssior.pl 1 }- Mr Pilcher: Was the dress you wore at the Tn oii last nighr. the white one — the "poor" dress? — ~ie3: I wore two. The white ope was t'-c actual dress I wore m the firzt act of the pantomime, and the one which was written about. I only wore one dress ki the first act of the pr.nromime. The second dre3=; I wore last night had nothing to Co with the pantomime.

Cross-examined by Mr Reid: At the beginning of the pantomime ths " boy " is poor, and as tinny;; go o:i f-he is discovered to bo a princes? — Xo ; a prince. — (Laughter.)

That dre=s you wore was supposed to carry the idea of poierty 9 — Yes.

I have nc er before 1 anprned to meet a "boy" in di?tre?> who looted like that — (Laughter.) The oriy thing you complain of is the reference to thi= part.cular costume? — Yes

Did you e\ er see ''boys" dressed in. tights? — Ye= ; rot exactly the b-irr.e kind that I wore I ha\e not see.i sue* 1 "boys" play in pantomimes. I Lave ne\er seen girls playing- " boy>' parts dressed in ordinary boys' clothes unless m an introduced specialty.

Well, now, what do you call t!u= garrrent that wa' cut down m front' — Well, a coat, I «ltppOfP.

Did it have tail? to it?-- *"o3.

Well, I think I did discover by the aid c,f my glasses that it had coat-taih, but I coul.l not see them very distinctly. I suppose there* was something under the roat? — Xo ; not much. It wa> all in one piece. Mr Reid: Ti.ey ba\e to nmke themselves as slim as they can, your Honrr. Howwould I look in tights now, for instance. 1 ' — (Laughter.) To witness : Now, again, about tha J >, opening in front? — It is rot half as low as son;e worn by the women who go to tho theatre, and tit in front.

Oh. the ladies in the drees circle, you mean? — I said " women."

You call these '" women." and not "bdies"?— I say they would i\ot allow dresses to be cut so low behind the footlights Ido not consider it indecent to wear tights. The "ladies" who go to 'he front might be of a different opinion r ''".ey might n<?t be able to get them on — (L ivghter.)

Now, is it not a fact tbrt the more you chow cf'-the glory of the human form the more popular you are 9 — That is not my experience.—(Laughter.)

Do not oid men admire you most' — (Laughter. 1 — You don't seem to do so. — (Laughter.)

Mr Justice Simpson : You do not quite seem to <•&? the point of the gnawer, Mr Reicl. She called you old. — (Laughter )

Mr Reid (fixing his eypcjlpss) : Did you call me an old ivan' — Now, Mis« Billie, that's very cruel. — (La-u^htcr.)

Mr Justice Simpson (soot'iinylv) : She was only joking. She must have her joke as well as. you. — (Laughter.) Mr Reid : Now, Mi°s Billie. you had to swagger about a good deal, d'd you not? — What do -you mean by swagprer? Well dance .ibnut 1 ' — Ye;, I had to dance and turn round. Ye=. of course. Last night did you turn round? — I don't know whether I di'l or not. I expect I did to walk off. Did you not lca\e the stae;e as if you were in the presence of royalty"' — (Lmr>-Lt°r). Is it the back of my diess that i-, objected to '* 1 thoroiit you were gom^ to gi 1 p us a general all-ri und ■view Did you not v, alk off tho stage E'dcways? — I :<m sure I don't remembei Tho plaintiff was then cross-examined a* to s(«i» of thp =ongs «ho sp.n^ at the Ti\oli and in McPiohp'p. Tn rc-e\pmiration by Mr Piirhcr. plaint'ff <:'i!(l the i"-0J2»e.l a great oi'-Uom at the Ti^olt la s t nipht. She presumed the hacked off tho f-lr.ere, a- it was very urunual to turn one's back to the aud'ouee when going oft. She ne\er attempted by her actions in any way to conceal any portion of hei dre?s from the -jury. Mr Reid: We o->ly wanted to if "you were r> jolly liillc chap all round.' I—(Laughto-)1 — (Laughto-) Mr Pile!. or: I have no doubt you took iolly good e.\re to l -ee her all rouiif I.—1 .— (Laughter.) Tho plaintiff, m answer to Mr Justice Simpso.i. saut her coat tails came half-way between her waist and her knee.

To Mr Pikhcr: The opening m tlio fiont of the coat wa* the shape of a V Mr Ju-ticP Simpson : How 1 )\i ' Witness: About tl-ere (pomtmc, to a spot on her che,?t).

Edward Mcnzie* Stuart said \\o wa= the hu«band of the plaintiff. For 16 vear^ he had been an officer m the British navy. Hehad always tra\elle-l with his wife as manager. He ln'l b"en mairied to his wife f< r 18 years. After the paragraph appeared he went to the Bulletin office with Mi Rickards and Mr Leeto Ho asked for the editor, and faw Mr Edmunds He wanted an apology, and when it was not nWe he ga\<? instructions for the writ to i<-sup. The ]ury. after an hour's retirement, re turned a \evdict for the defendant.

It is reported fiom Pine Ridge, Lnwfi Macquane, that the body ot an elderly female was found torn to piece* by wild pigs. A swat> with a billycan and purse were found close by. It is con lectured that the woman perished fiom thir=t a few weeks ago

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