MASSEY V. "N.Z. TIMES.”

Southland Times, Issue 17060, 5 June 1912, Page 3

MASSEY V. "N.Z. TIMES.”

THE PRIVY COUNCIL APPEAL. (From Our Own Correspondent.) LONDON, April 2G. On Thursday, April 25th, the Judicial Committee of the Privy Council, consisting of Lords Macnaughten, Atkinson and Shaw were engaged in hearing the appeal case of Massey v. the ‘‘New Zealand Times" Company. This was an appeal from a judgment of the Court of Appeal of New Zealand of August 9, 1911, whereby the Court, being equally divided in opinion, affirmed a judgment of the Supreme Court refusing a new trial in an action for damages for libel by the appellant against the respondent company. Mr F. E. Smith, K.C., and Mr C. R. Northcote appeared for the appellant; and Mr Duke. K.C., and Mr Tyrrell T. Paine for the respondents. The appellant, Mr W. I-'. Massey, is a member of the House of Representatives and the Leader of the Opposition. The respondents are the proprietors of the "New Zealand Times.” The facts of the case may be briefly recited. In 1910 there was printed and published in New Zealand a scurrilous pamphlet reflecting on the Prime Minister of New Zealand. It formed the subject of a discussion in Parliament and Mr Massey publicly disclaimed for his party and himself all connection with the pamphlet. On December 3, 1910, there was published in tlie "New Zealand Times” a cartoon of a wagon laden with various packages marked "Dead Men's Characters,” "Mud,” "Private Calumny,” "Electrifying Apparatus Patent,” "Tammany,” ■Defamation," “Expense," "Startling Revelations,” and "Pamphlets Free,” with a figure of a woman labelled "Scandalmongering" seated on the last-men-tioned package. The wagon was inscribed "Wc arc the Party,” and botweep the shafts was depicted a donkey with the name "Ananias” on his neck, which a man, having affixed to the seat of his trousers a placard inscribed “Their Idea of a Politician.” is engaged in harnessing to the wagon. Underneath the picture were the words: —"Hitch your Wagou to a Star.” —Emerson. "Hitch your Wagon to a Lie." —Dr Findlay's Amendment.”

Directly -Mr Massey saw the cartoon he brought, an action for libel against tho paper, alleging that it insinuated by the cartoon that he was responsible for the pamphlet and its free distribution and had been guilty of -a mean and despicable act and was a liar. lu thoir defence the "New Zealand Times" Company said they had never suggested that Mr Massey was in any way responsible for tho pamphlet and cited an extract from a previous loading article in their paper unreservedly accepting I lie disclaimer ho had made in Parliament. and they further pleaded that the cartoon was fair comment made in good faith and without malice on a matter of public interest. The action was tried before Mr Justice Chapman and tho jury answered, the question left Viy the judge as follows: —"We are of opinion Mi that the tigm*** represented Mr Massey and (2) that this is a political cartoon pure and simple, and is not libellous.” The verdict was accordingly entered for the respondents. The Supreme Court dismissed a motion for a new trial, and that result was affirmed on appeal by the Court of Appeal, though the judges were equally divided in opinion on the matter.

From that judgment tiro appeal to the Privy Council —tho final tribunal—was instituted. After hearing the arguments in that case Lord Macnaughton Intimated that the committee would take time to consider their judgment. [As the cables have informed us, decision was given for the respondent newspaper. —Ed. S.T.]