* 1.

184

(d)

That if the police officers in the District had not

been combed out to the extent they have been the tragedy would not have happened; but the District might have been full of Police officers without

preventing this particul ar tragedy.

Why the writer anould have gone out of his way to sadde the plaintiff personally with a neglect which the writer himself opons by announcing is the neglect of the Government and why he should go further out of his way to saddle the plaintiff with a general neglect of his duties in addition when he was only dealing with Government neglect in more particular direction are questions, the defendante must be left to answer and reconcile with fair comment if they can.

With reference to the question of consolidation Counsel

is referred to the case of Stone v The Press Association 1897 2 Q.B. 159 and particularly to the judgment of Rigby L.J. It is not seen how an order can properly be made, or how the plaintiff will be in a position to properly consider the question, until, not only have the Statements of Claim been settled but he is made aware of the nature of the defences.

It has been ascertained beyond all doubt as to who the author of the libel is, but it will hardly be possible to put the necessary witnesses from whom the information lias come in

if the the box at any rate so far as is seen at present author, on being joined, denics it,

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There would appear to be many advantages in joining the

The only author of in bringing a separate action against him, disadvantages being the liability to coete if the plain ti ff failed to prove the authorship, and any possible effect of

This lia- failure on the case against the other defendants. bility will be largely discounted if the action against the

author is consolidated,

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