ALLEGED LIBEL.

Timaru Herald, Volume XIIIC, Issue 13708, 24 September 1908, Page 6

ALLEGED LIBEL.

THE GI3BORXE CASE. VERDICT FOR DEFENDANT. r«r Proa AwooMiton. * OISBORXE, Sept, 25. Tremendous iiitcreat was taken locally in the libel owe instituted by J<«eph Darke, hotel-keeper Against, the Gbbornc " Time*'* for pnbliahing a paragraph alleging that a lambing-doirn case had occurred at plaintiff"* hotel. The evidence having concluded yesterday ewiud to-day addie*scd the jury. Mr Ceo. Hutchison, counsel for tho decompany »poke for an hour and a, half. He made a powerful declaration which was followed-' with the closest interest- .by all in Court. H«r concluded a telling odd re** somewhat »en»»tjonallT l>y pointing to the plaintiff and dramatk-alir eiclsuntrng at follow*:—" Thi« roan ithould be told a.<r* hi* barman told him. that U>«* cap fitted liim. At' thi*" moment he i< wjMriag. the" cap and he will wear it to hi* dying day, ax Burke the lamber-down." Mr R«a. replying for the plaintiff. wa« obrjwj«iy at m dUadfantage in <k**mins it neowaary to-admit that lie -could not cfcum' credence, for hi* chief witness. ih« plaintiff, nor for the principal documentary evidence 'an 1.0.I 7 , form.

The Judge in bk summing up the opinion that Mr Bees had acted wisely in this respect The jury were absent about an hour and then returned with the following verdict :—"We find that Pearson arrived at,.' Burke's ; Hotel, the Record Reign, 1 on 'August 3rd; he (Pearson) had" in his possession then a cheque; for £37 18s, and about £5 6s in notes and silver, and that Burke got possession of the said cheque J£s7 18s). and nptes he'(Burke), has failed to satisfactorily' Recount for the disposal of the! above,moneys, -and that he (Burke) permitted PepisonV.to.-havo as mutch intoxicating liquor as lie asked for fromtime to time, to Pearson's detriment* physically and morally: We find that thedefendant company has fully justified their? publication -of titer facte concerning; oneofthe most' deplorable- lambing-down cases that baa occurred in our midst: We, therefore, give our verdict in favour, of the defendant , company." His Honour said i~ " I quite agree -with your verdict. " I think in this case th» defendant has done a public service, and' ; it is to be hoped it will bear fruit. Of course, in connection with this lambing* down case it is very lamentable that it shduld reflet) upon other Jiotel-keepere who do conduct their business in a and respectable manner." Coats were allowed on the middle scale; and it is Understood that thev will amount to about JB7O.