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THURSDAY, MARCH 15, 1928.
MITCHELL HEDGES
LOSES.
NEWSPAPER LIBEL VERDICT.
LORD HEWART "
CRITICAL.
those qualities which make an advocato famous" and "successful, but, you know, one of your rospon- sibilities, and it is also one of my responsibilities, is to get rid, sternly and firmly, of the affects of rhetorical appeals and to look nt the truth--and you know the truth is simple and does not require perorations."
Sir Patrick, he said, had sug gested that Mr. Jowitt, by an agility of mind which he admired, had entirely reconstructed his cross-examination of Mr. Mitchell Hedges after he had heard Sir Patrick open the case on behalf of "a well-known・ explorer.” : Now that sounded all very well until one came to look at the statement of claim, delivered on February 24, 1927, the opening words of which were "The plaintiff is a well- known explorer."
Having entered a plea of justi- fication the defendants must satisfy the jury that the words which con- stituted the alleged libel were true, and If they failed to do that the only question, that remained was that of damagos: What was meant by saying that the words werd true? As much must be justified as amounted to the sting of the charge, and if anything wore con" tained in the charge which did not add "to the sting, it need not be justified.
Naturally and properly onough, the case had been fought upon the simple and solo question, "Is it truo say that the plaintiff was a party to this hoax?"
to
The gist of the matter, the sting of it, was that the defendant said the plaintiff was a party to it, and not a victim of it. The jury would have observed two very remarkable sets of facts, and that on two oc- casions a motor-ear trip along the Portsmouth road was started from the National Liberal Club. It was, no doubt, a little unfortunate that that Club happened to be a political club, but Lard Hewart and he was sure that the jury would not allow their judgment to be influenced by the fact that it was a political club or that it was a club connected with a certain political party.
"Whất n Set!**
When they looked at certain por- tions of the evidence and observed the persons who were mixed up to gether, and the errand on. which they were engaged, they might be templed to reflect "what a sot," But no feeling of that kind ought to prevent them ascertaining the truth of the matter.
"The point about the National Liberal Club is this, and this only, continued Lord Hewart, "that bo cause it was the starting point of the journey Mr. Hedges had to be there. Could anything be more false and more misleading than that he should be exhibited to you as a person who, for some reason or other, had been selected to be a standard bearer in some political party? The point about the Na-
tonal Liberal Club is this, and no
more that it was on each of these occasions the starting point from which those who were to carry out. this hoax began their journey...
"A person who said he was not. in the hoax could, of course, prove. that, if he had chosen to do so; by putting the other five into the wit- ness-box. Each one could then say, I had no arrangement which included him. He was no party A verdict for the Express Now- to it. When you know that Mr. papera was given in the libel suit Bagot Gray and some others were brought against them by Mr. F. A. in this court from the beginning, Mitchell Hedges, the explorer. and when you hear of the uninter The jury did not leave the box. rupted cordiality of the relations Mr. Hedges complained of an with Bagot Gray, is it or is it. not article in the Daily Express of a remarkable circumstance that January 21, 1927, which alleged Mr. Bagot Gray has not been put that Mr. Hedges and his com- into the witness-box? panion, Mr. Colin Edgell (who) "You may think it a very re- stated that they were held up and markable circumstance that not one attacked by men on the Ripley road of these persons has been called to as they were motoring to Bourne- say that the plaintiff was not a mouth), were privy to a conspiracy, party to the hoax. The advantage and that it was all a hoax, and was of hearing evidence from witnesses Intended as an, advertising enter in the box is that when a person prise for "Monemarks."
is speaking and giving his answers, Mr. Jowitt, K.C., in his speech he conveys a certain impression to for the defence, said: "What was your minds. In this case it would a hoax for advertising Mono- not have been very surprising if, marks on the Ripley road has been at the close of the plaintiff's case, dragged on, and the drama has you had said, 'We are satisfied by been played out to this last stage, the evidence given by the plaintif and the hoax-if it be a hoax-has himself, and on his behalf, that he now become a hoax to, take in the was in this matter.' Lord Chief Justice of England and a special jury, dz
"But, of course, the case cannot rest there. There has been affirma-
"Mr. Mitchell Hedges and Itiva evidence called on the part deeply regreat to say Mr. Edgell have gone into the box and have told their stories. In my submis sion it fa quite obvious that they are saying what is not true."
of the defendants, and it le quite clear that if you accept the evidence of Mr. Shaw there is abundant proof that the plaintiff was in this practical joke.
"Mr. Jowit (counsel for defence) has been subjected to some severa remarks becauso he referred to these lettera after Mr. Mitchell Hedges's name,..
In his final speech for Mr. MIL chell Hedges Sir Patrick Haat ings, K.C., said that Mr. Jowitt in ble long cross-examination of Mr. Hedges, relating to things in his past and not to the circumstances "You may think it is a deplorable of the present case, had merely thing that societies calling them- carried out the instructions, of the selves fearned should bo: in exis Daily Express with their calculated tence who, on the payment of a insolence.
fodest sum, are prepared to con- "If Mr. Hedges and Mr. Edgell fer upon anybody what is called are fraudulent scoundrels, who the scientific title of "Fellow. have come here to commit perjury: "If you can become a Fellow of In order to extract money out of a the Royal Geographical Society fr newspaper, they have, put them-two guineas, or perhaps three selves in a peril beyond exaggera- guineas, and a Fellow of the tion. And for what? Why should Zoological Society for threa they have done it? I ask you to guineas, the thing becomes grote-. say that: these two man shall leavesque,
this Court free from the intoler-"When a man is put forward as. able stigma placed on them that a well-known explorer, lecturer, they are both liars, combining to public speaker and journalist, coun- gether to rob this newspaper for hel is not only entitled to exhibit, their own personal advantage.”: If he can, his true position, charac
ter and record, but it is his duty.
Truth and Perorations,
to do so. You recollect the cross-
While a horse and cart was lover the brink. The cart was Known as George Borrow's chair,
"You have listened to a remark examination, and you may think proceeding along a road at Mans sawn from the harness, and a huge block of wood, the back of able speech," said the Lord Chief Mr. Jowitt did not put it one bit field, Notte, recently the surface strenuous efforts were made to which is formed by a bough, has Justice to the jury, when Sir too high when he described the gave way, and the animal . fell the horse out, but were un- been presented to the town by Mr. Patrick aut down, "and one full of plaintiff as an impostor. Into the cavity, the cart hanging successful, and it died.
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