THE MASSEY-"TIMES LIBEL ACTION.

Colonist, Volume LIII, Issue 13105, 13 May 1911, Page 3

THE MASSEY-"TIMES LIBEL ACTION.

MOTION FOR A NEW TRIAL,

[United Press Association.]

Wellington, May 12. A motion for a new trial in the libel action Massoy (Loader of the Opposition) v. tho "New Zealand Times," in which plaintiff claimed £2000 damages for libel arising out of a cartoon, the verdict going for the defendant company, is being heard by the Full Court to-day. Briefly stated the grounds of tho motion to sot aside the verdict are that the finding of the jury was so defective that judgment cannot be given upon it; that the judge misdirected the jury; that tho verdict was against tho weight of evidence; that the judge admitted improper evidence, namely, evidence of the memory of witnesses of reports of what was said by members of Parliament in debates in the House and Legislative Council on dates named. Mr Bell with him Messrs Gray and Fell, appears in support of the motion, and Mr Solomon, with him Mr Blair, in opposition.

Mr Bell, in opening the case, submitted that the judge's words were not sufficiently guarded: that he did not sufficiently warn the jury that if tlie cartoon was a libel in fact a politician was in exactly the same position as any other person; and that the jury may have been misled by supposing it to be a political "skit." Regarding the admission of evidence of memory, counsel said that he had asked that "Hansard" should be put in. Mr Justice Chapman: Obviously it should not have been. You have been a member of Parliament yourself, and you have seen speeches you did not recognise as exaotly _ corresponding with what had been said.

The Chief Justice stated that Mr Bell must contend either for a verdict for plaintiff or no verdict at all. Mr Bell chose the latter. Mr. Solomon, K.C., contended, that in view of the Judge's direction, the jury intended to find for the defendants. Mr. Blair urged that Mr. Massey's figure was' simpjy'uSed in the cartoon to typify the Opposition party, 5n the same way that the'donkey was used.to typify the National Association. 1 The Court reserved its decision.