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1 'BIG SILVER SPOON" !-'

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1 'BIG SILVER SPOON" I i Luck for Smith Family I. GENTLEMAN RIDER'S ACTION Not all as Bad as That" EXTRAORDINARY COURT SCENE I Public Cheer the Judge ROBERT SIEVIER'S DEFENCE The further hearing of the case of Smith v. Sievier and the Winning Post" waq resumed to-day by Mr. Justice Ridley and a special jury in the King's Bench Division. Mr. Robert Charles Smith, of Bedford, a gentleman rider, sued the proprietor and publishers of the Winning Post" and Mr R. S. Sievier, the editor, for damages for an alleged libel a,ppearing in that ryaper on April 3, 1909, connecting: the pktintatf e name -with an Austro-Grerma.n actress named Selina Odi!on in a way which, the plaintiff said, suggested tha-t he wus a man of loose mora' character. The defendant said the article in question did not refer to the plaintiff. Mr. Hiagh Fraeer appeared for the plaintiff, Mr. E. Smith, K.C., for the paper, Mr. Roee Innes for the printers, and Mr. Sievier on his own behalf. Mr. Percy Tipler said he was a qualified rider in England and a gentleman rider in 4Germany, where he knew the plaintiff in 1883 and 1839. They could count the gentle- men riders in Germany on their fingers. In 1888 and 1889 there was no other gentleman rkl-er but the plaintiff riding in Germany. Witneee believed he rode for Ochloohlaeger, but wae not quite sure. He had read the article complained of in the "Winning Post." and be ha-d no doubt that it referred to Mr. Bob Smith, the plaintiff. Croes-ezamined: He knew of a. gentleman rider called Eyre, but he did not know if he had a fall in Berlin. He did not know Eyre was a friend of the Ooblschlaeger6, jior did he know that Helena Odilon was living under the protection of Herr GoiilaoMaeger. He admitted that the only reason he had for thinking the article re- ferred to the plaintiff was that he was a gentleman rider, and that his nfcaie was Smith. All Younger Once." Would you have difficulty in believing that plaintiff woul I get involved in an immoral intrigue with an actress?—Well, we were all jounger once—(loud laughter)- but I believe plaintiff is a man of good moral character. Arthur Hall, of Epsom, said he was a re- tired trainer and jockey. He had ridden a great many races, and had won eight races tor his late Majesty King Edward II., one of which wa, the Grand Sefton Handicap. Jie knew the plaintiff in Germany in 1888 and 1689, and there was no other gentleman rider named Smith there at that time. iu". Fra^sr: To whom did you think this article referred?—I can't tell, (Laughter.) Hid Lordship: Did you think bmith was a fictitious charLter?-Yes, my lord. Arthur Nightingall, also a trainer and jockey, said he knew the plaintiff well be- tween 18od and 1890 as a gentleman rider of repute. lie thought the article in Question could only refer to one man-the plaintiff. Thomas Costarton, clerk to Mt. R. W. F-ry, the well-known bookmaker, said he knew the plaintiff as a gentleman rider in the eighties. lie did not know of any gentleman rider at tha time but the plaintiff. He had read the article complained of, and certainly thought 1" referred to R. C. Smith, the plaintiff. The article was generally talked of in the Albert iiacing Club in April, 1909, and the people wtio talked of it did -not seem to have much doubt as to whom it referred Air Stanley Welsh, a straw merchant, said he knew of the plaintiff as a gentleman rider. He had read the article in question, and he could not think it referred to anyone but the plaintiff, Bob Smith. Gross-examined: He did not know of plain- tilt riding in Germany in 1888 or 1889, and knew nothing of the scandal with Madajne Odilon. Mr. Sievier proceeded to cross-examine the witness as to a "deal" the plaintiff made with Ochlschlaeger, when his lordship said it had nothing to do with the case. Mr. Sievier: If you will permit me, my krd- His Lordship: I won't. Please do not go on. This closed the evidence for the plaintiff. u Who Was Mr. Smith ? Mr. lWlnlles then addressed the jury in opening the case for the defendants. He asked the jury to come to the conclusion tha.t damages would not be justified in a case like this, where the name of Smith (of whom there were 1,500 in the London Direc- tory alone) was adopted to hide the identity oi a man who was perfectly well known. Mr. uhas. Voight saia he lived mostly in Paris, and wrote articles for the "Winning Po.t under the nom de plume of Rouge eL Noir" and" Rouget." He wrote the article in question, but a portion of it was a. translation from the German work which gave the flame of smith. The only alteration he made in the translation was putting Mon- day instead of Sunuay, as he knew there was no racing on Sunday at Hoffegar. lie had hearit of Eyre, who was the person meant by the Smith in the article. At the time he bad ne\er heard of the plaintiff. The Book of a Weak-minded I Woman." Cross-examinea: He supposed that article wa; the principle feature in the paper in that issue. He did not mean this to be a true story of anyone in particular. He simpiy made a free translation of the book. lie iiau seen Madame Ouiion in Germany. He took it for granted, when he translated it, that the lady knew what she was talking about, thougO she called the volume The book of a weak-minded woman." Yr. Eraser: Did you not think that was a thing you should not publish to the world at large?—I thought it was interesting enough to my readers. (Laughter.) The only reason you translated it was because it referred to a well-known rider and an ac t t- y. and because it referred to racing. ilis Lordship: But the article referred to a man's action with his friend's mistress?— Yea, I thougnt it would be rnotst interesting. (Laughter.) His Lordship: Don't you think this is a libel on the plaintiff? Mr. R-ose Innes: Surely, my lord, that is a question for the jury. His Lordship: Well, I will put it this way- Don t you think it holds lyfaijititl up to ridicule and contempt?—No. Don't you think it is immora.1 conduct?— Not moral, but not immoral. Everybody has had adventures of that sort—(laughter)— especially gentlemen riders. Public Cheer the Judge Rig Lordship: I am sorry to hear you say such things in a court. I do not believe the whole of man kind is so bad ar. yo.u say. ("Hea.r, hear." and applause in court.) liiri Lordship added: We won't have all to be put in the same category. We won't stand it, and I hope no one is going to defend the conduct of theee people. Mr. K/&t>e Innes asked where the novele of Zola would be without the spicy portions? His Lordship said there were plenty o-f good novels without Zola's. (Laughter.) Evidence having been called as to the translation, Mr. Koso Innes and Mr. R. S. Sievier addressed the jury, the latter laying stress on the fact that he knew the person referred to, and that the name Smith was only adopted to cover that person's identity, and did not refer in any way to the plaintiff. Biggest Silver Spoon." I Mr. F. E. Smith, K.C., addressing the jury, said he thought the evidence established the fact that every single identification mark which was given throughout the article would have satisfied any reasonable man that it was not intended to apply to the plaintiff. If this action was to succeed one need only o be born with the name of Smith to be born with the biggest silver spoon in one's mouth that could be imagined, for any 34-r. Smith had only .to look up the news- paper and collect inimical references to Smith and then brirrg actions for damages. (IAtlgàter,) VERDICT I The jatry returned a verdict for plaintiff with. £ 5501damages.

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