POLITICAL LIBEL CASE.

Otago Witness, Issue 2985, 31 May 1911, Page 10

POLITICAL LIBEL CASE.

MASSEY v. NEW ZEALAND TIMES. NEW TRIAL REFUSED. WELLINGTON, May 19. This afternoon the Chief Justice (Sir Robert Stout) and Mr Justice Chapman delivered reserved judgment on the motion for a new trial in the case of Massey v. the New Zealand Times. T!he motion, which was dismissed with costs, was made on the grounds that (1) the verdict of the jury (in the action for £2OOO damages for alleged libel) was so defective that judgment could not be given on it, (2) that the learned judge (Mr Justice Chapman) had misdirected the jury, (3) that the verdict was against the weight of evidence, (4) that the finding of the jury was not a verdict for the defendant company, and (5) that the learned judge admitted improper evidence. In his judgment, after setting out the facts relating to the publication of the cartoon, the Chief Justice said the whole question was practically narrowed to two tilings —(1) Did the cartoon mean that Mr Massey was responsible for the distribution of what is known as the " Black Pamphlet," or had taken part in its distribution ; (2) Did it mean that he had been guilty of a mean and despicable act and was a liar? There were no other questions that could under the pleadings have been submitted to the jury. The jury returned a verdict that the figure in the cartoon in its opinion represented Mr Massey, but that it_ was a " political cartoon " pure and simple and was not libellous. In his Honor's opinion, the jury having found that the cartoon was not a libel as alleged t>v the plaintiff, there could only be one verdict—namely, for the defendant. It was clear that the jury had not misapprehended the issue. Its duty was clearly pointed out to it, and its finding was as clear. It said that the cartoon did not impute to Mr Massey what he alleged the cartoon did impute. It held that it was not libellous, and it found no damages. That is, it found that nlaintiff had not made out his case. He was of opinion that none of the grounds for a new trial was valid, and the motion must be dismissed with costs (£lB ISs).