MASSEY V. THE TIMES

Southland Times, Issue 16786, 14 July 1911, Page 5

MASSEY V. THE TIMES

APPEAL DECISION BESESTED. (Per United Press Association.) WELLINGTON, July 13. In the Court of Appeal case, Massey v. the Times, in dealing with the objection that evidence of what was said In the debate in the House was improperly admitted. Mr Solomon submitted that the evidence was admissible as being part of the surrounding circumstances from which the witnesses necessarily formed an opinion as to the meaning of the cartoon. Further he contended that, even if the evidence was improperly admitted, the applicant had not established that a substantial injustice had been done, and therefore the applicant was not entitled to a new trial. Continuing Mr Solomon said that the real question was whether the jury were bound to find that the cartoon meant what the appellant suggested. In other words, was the verdict against the weight of evidence? In this connection he submitted that the question of libel or no libel was one pre-eminently for the jury, and their verdict would not be set aside unless there was no possible grounds upon which a jury could come to the conclusion that they had come to. Mr Blair followed Mr Solomon for the Times. Mr Bell briefly replied, and decision, was reserved.