JUDGMENT RESERVED

Wanganui Chronicle, Volume 79, Issue 29, 4 February 1935, Page 7

JUDGMENT RESERVED

KISCH V. SYDNEY HERALD. ALLEGED CONTEMPT OF COURT. SYDNEY, Feb. 2. The High Court to-day reserved judgment in the case of Kisch v. the Sydney Morning Herald. ‘ Mr. Piddington, K.C. for Kisch, concluded his argument with the suggestion that the outburst by Herald correspondents against the High Court judgment was the outcome of colla boration by the editor of the Herald with the Re.v. M. MacDonald, who was the author of the offending article in defence of the Gaelic language. Mr. Justice Evatt interposed that criticism was all right where it was based en reasoning, but the trouble in this case was that, contributors to the Herald had assumed the facts, and readers of the Herald wore not in a position to grasp what the facts actually were. Following Kisch’s conviction as a prohibited immigrant on January 21. Mr. Justice Evatt granted a rule nisi calling upon the. proprietors and editor of tho Sydney Morning Herald to show cause why they should no»t be com mitted for contempt of court respect ing the publication of matter tending to prejudice Kisch at the recent Police Court proceedings. During the hearing of the rase on Tuesday Mr. Piddington contended that the Herald published articles prior to the recen»t appeal attacking the Court’s character and “judicial behaviour,” in addition to publishing an article from a clergyman contributor who claimed that the High Court had adopted an arrogant attitude towards Highland people generally arising out of the discussions on the Gaelic language, in which Kisch w&a subjected to a dictation test. •