APPEAL COURT.

Stratford Evening Post, Volume XXXI, Issue 42, 4 October 1911, Page 5

APPEAL COURT.

MASSEY v. N.Z. TIMES

(Per Press Association > Wellington, October 3. In the Appeal Court to-day, in the matter of the appeal, Massey v. N.Z. Times to the Privy Council, Mr Dillon Bell, K.C., informed their Honors that counsel had signed a memorandum, which he would submit for approval. He asked for an order that the registrar should embody tho minutes in the record, as ho did not wish it to appear that tho suggestion had not tho approval of the Court. The minute submitted was as follows: “At the trial of action, and on tho hearing in tho Supremo Court of New Zealand of a motion for a new trial, and on the hearing of tho appeal in the Court of Appeal of New Zealand, it was common ground to both parties that, by the words “pamphlets free!’ on tho bundle in the cart depicted in tho cartoon, was meant the pamphlet reflecting on tho Prime Minister referred to in the pleadings, and defendant did not contend that the said words were capable of any other meaning, and that the case was presented to the jury by counsel for each party and by learned judge at the trial on tho assumption that those words had that meaning.” Their Honors approved of tho minute and , granted the. application.