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BHANGHAI,
THE HONGKONG TELEGRAPH, SATURDAY, MARCH 23, 1929,
MR. HOBBS AND TWO
NEWSPAPERS.
APPEAL FROM ORDER OF
/LORD CHIEF JUSTICE.
The hearing was resumed in the Court of Appeal recently, before Lords Justices. Serulton, Groor and Sankey of the appeals of Mr. William Cooper Hobbs from judgments in favour of the proprietors of the Liverpool Even- ing Express and the Nottingham Fournal, whom he sued for
damages for libel.
تم
"He also appeals from an order: of the Lord Chief Justico rofusing. to allow, an adjournment of the hearing of the second action, which, following closly on the Brat, was disposed of in default of appearance by Mr. Hobbs..
Mr. Hobbs complains that alleged unfair comments by Lord Howart during the hoaring of the first action were calculated to prejudice the minds of the Jury,' And that there had been: a mis- carriage of justice.
Mr. Norman Birkott, K.D., con- tinuing his address for the res- pondents, anid that it was a mis- nomer to speak about the result of the trial as a miscarriago of justico. This appeal could, navar have been put into that, high |category unless there had been a misrepresentation of the attitude Το of the Lord Chief Justice. see how that stood it was neces sary to look at the particulare given in miltigation of damages.
Lord Justice Scrutton-At pre- sent that seems to me more impor tant than the behaviour of the presiding Judge.
Mr. Birkett said that in his opening Sergeant Sullivan went out of his way to say that he was going to put the true story of Hobbs's life before the jury.
Lord Justice Greer-You mat by.
Mr. Birkett-Your Lordship. would not expect the to object. I might have done so.. I thought it winer to say: "If he chooses to put character in Issue that re- solves all my difficulties." When my learned friend delivered him- Helf into my hands I was huppler in consequence.
the
More Than Juman.
Something had been said, con- tinued counsel, about juries ro quiring to be, more than human. If Judges were to be attacked (as the Lord Chief Justice had been) for all the remarks made in the course of a case Judges would have to be more than human, too. It was Incorrect to suggest that Mr. Hobbs had been harried by Bench and Baг.
Lord Justice Scrutton said that what was pressing the Court was n doubt whether the jury ought not to have had a short direction as to the conclusions which they could draw from the cross- examination of Mr. Hobbs. They acted too soon,
Mr. Birkett-My submission in that the jury did not act a second before they ought. I wish your Lordship had been In the Court below. It is so diflcult to create in this Court the scene there and the conviction that was brought home to every mind as to what the truth was. Mr. Hobbs was a clever man.
Lord Justice Greer-He was being cross-examined by a man of the same kind. (Laughter.)
Lord Justica Sankey-In "The Pilgrim's Progress" one of the Jury said, "Away with such a fellow from the earth." I can't help feeling that your cross- examination may have left the jury in that position. The jury- man in that cane called "Mr. Nogood," who was called "a sorry scrub."
Lord Justice Berutton-The Lord Chief Justica took a strong. and unfavourable view of the plaintiff's affidavit of documents. I cannot at present sеO any justification for the unfavourable view of the Lord Chief Justice on the affidavit.
Mr. Birkott-I submit that the! Lord Chief Justice was entirely justified, and that in any caso thore is no substance in the com- plaint about it.
Lord Justice Scrution-Sup- posing you have the position that the right verdict has been got in the wrong way. What are we to do-say that there was no sub- stantial ralecarriage, of justice?-- Yes,
Lord Justice Scrutton-That is what the House of Lordà said that we were wrong In doing in another case,
When Mr. Birkett was dealing with one of the, interjections of the Lord Chief Justice, Lord Justice Scrutton remarked that it] was "Judicial humour."
Mr. Birkett--Your Lordship has said what I had difficulty in aay- ing.
Lord Justice Scrutton-We all do it,
Mr. Birkatt-I am afraid your Lordships do. (Laughter.)
HONGKONG.
ed.
The hearing was again adjourn-
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