UNKNOWN

Wanganui Herald, Issue 12856, 18 May 1912, Page 4

UNKNOWN

CHANGE OF VENTK GKAN’I (Per Press Association.) WELLINGTON, Mi By the decision of the -Supremo to-day, change of venue from Pd ton North to Wellington was gi in the case of Thomas Stagpool Pi-rani and Co., Limit<*d, and FVo Pirani. The application was heard! Justice Cooper and Mr Justice man, the judgment of the Court delivered by the latter. Mr A Bladr appeared for the drfeodtu support of the application, and Myers for the plaintiff, to oppos The action was for alleged libe lished in the “Feilding Star,'’ and managed by defendant*, plaintiff was a schoolmaster und< Education Board. The aUogalHj headed “ A fraudulent return Mr Stagpoolo.” '‘The defendant, rick Pirani,” the judgment stated, taken a leading part in a -length eeeding involving an inquiry into tiff's conduct before the Teachers* of Appeal in which plaintiff ap from a decision of the Wanganui cation Board. Wo think is u able that tho hearing of that i caused a great deal of feeling on Mderablo excitement in a distrio enough to include the town of P. ston, whore the inquiry was held Myers has argmxl that the allege is a comparatively simple matter Lug quite apart from the qmntkm ing upon the hearing of the a To some extent this is true, but l satisfied that the whole subject < Education Board's decision am iStagpoole’s appeal, with which tfa ter complained of is not wholly i nected, have entered into the mind in the district, and that i has run high in connection wU Stagpoole ami his grievance. It too much to say that a locai atmm lias been created which is highly ed with excitement. l n the c staiu cs disclosed by the affidavit do not think wc can attribute public that they will, or to tho 1 jury panel that if) will thus os discriminate between the cause excitement and the* subject hf ti tier. All the matters which hav< ed and kept up excitement and I must be looked ii|>oii as to oomg cumulative.” v Kcforring to the publication -Varawatu Daily Tune'" of certa davit;., their Honours said ‘ H i cult to see why interlocutory ju ings in such an actum should in th-* public luikiss tiiere was alre. stale of excitement in the dsstri* seems to us to accentuate the fac citoment exists, and that pro probably exists.” In the comm* U|K>n this the* article goes on to I “ We recognise that the • Feilding has endeavoured to foster an, tag between tho two towns. Wo d ' think that such an impression ha I tendency to allay the prejudioo Mr Pirani states on oath exists ii | merston against him. Tho i ■ dot's not stop there, as in the 14 i May Ist appears a letter headed ‘ I on Palmerston and its Jury last 1 signed ‘1 am. etc., on the jury I This letter censures three busnny in Palmerston who had so low an I ion of tho jieople of their town they did not consider them mna I sitting on a jury that would giroj a fair trial. As the letter is pi; ed anonymously, it may Ik- regairt adopted editorially. There run fa doubt that such matters as apju the affidavits would be looked up } many jßsrple, and possibly by 1 jurors, as offensive They wore : published by or with the consent < defendants, and they would lire mained on the fib* of this (knar known to the jurors. Had they nrt published in this way, wqJkwm* think that their mildioafKr prove prejudicial to the defond.u til** action, and we come to tho o siou that it is undesirable in tho ests of justice, and it would » fair ill at this case should bo tn Palmerston, This may l»o unfc ato for the plaintiff, who is nol blame, but it is not in the mtiro justice that a trial should take where such conditions exist." An was made for the trial at Welkin with costs £5 55., costs in ibo at