TRIAD SUED FOR £5000

Otago Witness, Issue 3489, 25 January 1921, Page 62

TRIAD SUED FOR £SOOO

PHILIP NEWBURY GETS £SOO. (Feoh Our Own Correspondent.) SYDNEY, December 21. Sydney has taken a lot of interest in the case heard this week in which Philip Newbury, tho tenor singer, sued the Triad magazine for £SOOO for alleged defamatory statements. Both Mr Newbury and the cliief defendant, Mr C. N. Baeyertz, editor of the Triad, are well known in' New Zealand. The basis of the action was a criticism by the Triad of Air Newbury’s singing in “The Beatitudes,” produced by the Melbourne Philharmonic Society last' July. The Triad said: But the heavy artillery of the blame should be reserved for Air Philip Newbury. He was the first solo voice heard in “The Beatitude” at the opening of the prologue. Here a determined and appalling sound suddenly broke upon the affrighted air with the words “ Night brooded then o'er the land.” The peculiar trussed turkey quality of his squawk is somewhat difficult of analysis. At times his throat appeared to possess the real rigor mortis rigidity and j-et to be actively engaged in voice production of an excruciating' and persistent nature. This was not the sort of criticism which any artist would accept kindly, and anyone who knows Air Newbury will believe that he was. as one witness said, “rather excited about it.” tie did not at once decide to take action, however. But he sought an engagement on the Fuller circuit, and had an interview with Air Alack, formerly Fuller’s manager in Wellington, and now general manager. Mr Newbury had been through New Zealand about three years ago on a Fuller tour at £3O per week. He now suggested another tour at £35 per week. But Air Alack told him that in view of the Triad critics be would not think of making an engagement with Air Newbury, whose voice obviously was failing. The Triad pleaded its to fair criticism, but the jury appeared to he more impressed with the evidence ol Air Alack, and awarded £SO0 —to the obvious delight of the antiTriadhes in the court. A stay of pro ceding; was granted, and the verdict will fca made the subj< 't of legal attacks. Mr Newbury meanwhile is going off to fill au American engagement.