The Star. TUESDAY, MARCH 30, 1886.

Star (Christchurch), Issue 5580, 30 March 1886, Page 2

The Star. TUESDAY, MARCH 30, 1886.

THH RtBOLT OF THE GttBAT LIBBL Ca*K will hare proved a disappointment to both the parties engaged in it, as doubtless it haß to tbo*e of the general public who interested themselvoß in the details. The plaintiff has been declared, by the legal majority of a jury, to havo been wrongfully accrued of " manslaughter or worse." i It is scarcely possible to conceive that » " more frightful charge could have beem formulated against a medical man, or have been urged with more vehemence and pertinacity. The reasonable assumption would be that if such a charge, bo made, wcrt proved to be untrue, or — which is not quit* the same thing— if proof of its truth were not forthcoming, heavy damages would be awarded. Yet the jury gave only a shilling. The Judge laid down the principle, in the most unimstakeable termß, that a journalist is not more privileged, with regard to the law of libel, than other ■ten are. That is to say, he has liberty, tut not license. In the exeroiße of hit profession he may criticise as sharply as h* pleases, but he is bound, if duly called upon, to show that Mb criticism has a fair basis ot faot, and that due care in making enquiry has been exercised. The jury found that the things which ought to have been done by the journalist, had in this iastance not been done ; that he had intentionally published a defamatory statement. The suppression of a name was mothing; for everybody who knew Dr Stewart, and numbers who did not, knew perfectly well that he was referred to. Evidence was available, but the journalist on hia own admission had elected te make nee of in m parti statement. Tet the jury awarded but a shilling damages. Nor did the unwholesome diaoloeures of the long case tend to show that Dr Stewart, the surge©* specifically charged with "manslaughter •r worse," had been one whit lobb skilful, «r more unfortunate in having to bury a greater number of " mistakes," than other members of the profession. Indeed, it may be questioned, after reading the report of Mr Stringer's searching cross-examination, whether the ohief accuser, Dr Nedwill, does not come out of the affair in a worse position than the alleged mangier and torturer of human victims. Great stress was laid by the defendants' counsel, and the defendants' witn«eeeß, upon the fact tkat no formal consultation was held, this being insisted upon as one of the special advantages of Hospital treatment. But the jury had it before them as a matter of faot, that whilat hospital consultations, bo called, had been regarded pretty much as a farce, the operator in this npeotal case had carefully prepared himself by % course of reading, and by conferences with Drs Prins and Turnbull. And again, another feature of the case was bo prominent that no juror could by any possibility overlook it. That was the strong personal animosity displayed — the outcome of an evident long-standing feud. Amongßt the reasonable assumptions, the j-iry could Boaroely aroid cognisance of a certain degree of animoaity in the preferment of the charge. Why, then, the merely nominal damages P The eimplp fact, to our thinking, is that Dr Stewart, moat unfortunately for himself, has beeu am.de a sort of scapegoat. There can be no question that at the Christchurch Hospital there has been disregard of clearly stated rules, looseness im the conduct of professional business, and a slipshod method of filling in the death certificates. Neithttr can there be any question that the old-standing feud has operated prejudicially to tho institution and to the patients therein. These deplorable and reprehensible features, whilst they roiect upon the members of the Medical Staff generally, have boon brought to bear agaiust l">r Stuwsrt in particular. In this respect he hns been singularly unfertunate; and w<* con Hid ur that ho has i> consequence failed to gam Huch compensation as the verdict of the Dunedin jury should consistently have carried. Good may come out of the unpleasant affair, bo full of eickoning details. There may be brought about such a revision of the ruleo, and bucli a remodelling of the arrangements generally, as will place the Hospital in a hotter position than it Tia« ever occupied. So may it be.