AUSTRALIAN NEWS.

Star (Christchurch), Issue 6140, 29 March 1898, Page 4

AUSTRALIAN NEWS.

[From Our CounEsroNDENT.] (By Telegraph from the Bluff.) MELBOURNE, March 23. A LIBEL CASE.. A libel action, based on a paragraph by "Oriel" in the Aryiis, came before the , Victorian full court on Monday. The | plaintiff, P. K. M'Caughan, formerly a member of the New Zealand Parliament, claims .£SOOO damages. Plaintiff was 1 one of the guests of the Gorer--1 nor at a fancy dress ball at Government House, and the defendants published some verses relating to his appearance as La Fayette. Plaintiff coni tended that thesd verses were defamatory, but in paragraph 3 of the defence the defendants pleaded that the words complained of were published merely by way of a joke, and were not intended, and were not rend or taken by anyone as a reflection upon"; the plaintiff. In paragraph 4 it was pleaded that the words complained of were published bond fida and without malice as and for fair comment upon matter of public interest. Plaintiff applied to Justice A'Becket on Feb. 23, to have both these paragraphs struck out, as disclosing no reasonable answer to the action, and he also asked that certain particulars given under paragraph 4 should be struck ont or amended, on the ground that they tended to prejudice or embarrass a fair trial. The learned Judge, however, simply directed that "injuriously" should be inserted after the word "reflecting" in paragraph 3, and that the wording of paragraph 4 should be transposed so as to read that the words complained of were " fair comment upon a matter of public interest, and were published bond fide and without malice." This the defendant consented to, and the application was dismissed. Against this dismissal the plaintiff appealed. Mr Mitchell lu-gecl that counsel for the plaintiff had been unable to suggest that the words complained of contained any innuendo. Mr Justice Williams said that he was struck by a line in which reference was made to the plaintiff as " a mountain of moving brawn." Mr Mitchell : Brawn is merely muscle. The Chief Justice: They might just as well have referred to him as " A mountain of moving sausage meat." (Laughter.) Mr Mitchell submitted that the defence that the words were only published by way of a joke was one that was reasonably arguable and should not be struck out. They might be asked to prove it from the plaintiff's own witnesses. For instance, the reference to Mr M'Caughan as "about eight feet high in his boots," and to his back being "an acre of "broadcloth blue," could not be taken seriouoly. Before being struck ont the defence must be shown to be frivolous and vexations. The Chief Juatice, in giving judgment said that the action was for libel in the publication of what, on its face, was a humorous rhyme which would be .very likely to entertain, but vrhich, nevertheless, might give very plain offence to the plaintiff or his friends and members of his family, or those more directly in sympathy with him. Therefore, on its face, it would be impossible to say that it was not susceptible of being libel. Plaintiff's appeal was al-