NORTON APPEAL CASE.

Gisborne Times, Volume XXVII, Issue 2650, 4 November 1909, Page 4

NORTON APPEAL CASE.

DISMISSED WITH COSTS

riT--i> Press Association.! ' WELLINGTON, Nov. 3. In the case, Norton v. Stringer, dealing with the first count on which a ew trial was asked for the Court of Appeal said the remarks of which were complained of as poisoning the minds of the jury, had been preceded by reference to the circulation <n the paper. Publication was domed by defendant, and the only manner m which plaintiff could prove the publication was by putting m a copy of the paper Counsel had pleaded that the article was fair comment, and the remarks were made in the closing address, when it was necessary to anticipate argument on this head. I hero was no reference to defendant personally and the jury were allowed to ret re with a copy of the paper without opposition, and had a right to ffink at the whole of it. What more effectual antidote could defendant ask than production of the paper itself. On tic e-round of misdirection by Judzc, there was no reason to think the jury were not properly directed, -ys to excessive damages, the Court pointed out that if the charges were true plaintiff “duld ten promptly ten from bis post, and be liable to be struck off the“ oA ’The writer of the ytu, o n—Tvresslv said it was mc-ant to be as msuiting as possible. No apology was ever offered. The question of damages was especially for the jury and there Avas no reason in tins case to set their verdict aside. The appeal was dismisS6< Costs were given against appellant on the highest scale arid as tro.n a distance. Leave was given to appeal to 4 -he Privv Council upon the usual terms as to finding security, and stay of execution of the order, subject to appellant finding due security for appeal.