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WAS HE THE SMITH?

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WAS HE THE SMITH? GENTLEMAN RIDER'S ACTION Not all as Bad as You Say." EXTRAORDINARY COURT SCENE Public Cheer the Judge ROBERT SIEVIER'S DEFENCE "THE BOOK Oz A WEAK-MINDED WOMAN." The further hearing of the case of Smith v. Sievier and the "Winning Post" ivisumed 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 .;¡ nd publishers of the Winning Post" a.nd Mr R. S. Sievier, the editor, for damages for an alleged libel appearing in tha-t paper on April 3. 1909, connecting the plaintiff r name with an Austro-German actress named Selina. Odilon in a way which, the plaintiff --aid, suggested thst he YM.s a man of loose mor.,il character. The defendant said the article in question did not refer to the plaintiff. Mr. Hugh Fraoer appeared for the plaintiff, Mr. E. Smith, K.C., for the paper, Mr. Rose Innes for the printers, and Mr. Sievier on his own behalf. Mr. Percy Tipler said he -was a qualified rider in England and a gentl-emam. rider in Germany, where he knew the plaintiff in 1388 and 1889. They could count the gentle- men riders in Germany on their flngere. In 1888 and 1889 there waa no other gentleman rider but the plaintiff riding in Germany Witness believed be rode for Odhlschlaeger, but was not quite sure. He had read the article complained of in the "Winning Pœt," and he had no doubt that it referred to Mr. Bob Smith, the plaintiff. Croea-exajnined: 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 Oohlsohlaegere, nor did he know that Helena Odilon was living under the protection of Herr Oehlschlaeger. He admitted that the only reason he had for thinking the article re- ferred to the plaintiff was that be was a gentleman rider, and that bis name was Smith. "All Young Once Would you have difficulty in believing that plaintiff woul 1 get involved in an immoral intrigue with an actress?—Well, we were all younger once-Ilouet laughter)- but I believe plaintiff is a man of good moral character. -Arthur Hall, of Epwm, said he was a re- tired trainer and jockey. He had riÖden a great many raceS, and had won eight races for his late Majesty King Edward II1 one of which was the Grand Sefton Handicap. He knew the plaintiff in Germany in 1888 and 1889, and here was no other gentleman rider named Smith there at that time. Mr. Fra?sr: To whom did you think this article referred ?—I can't tell. (Laubter.) His Jordship: Did you think Smith was a fictitious character?—Yes, my lord. Arthur Kightingall, also a trainer and jockey, said he knew the plaintiff well be- tween 1830 and 1890 asa, gentleman rider of repute. He thought the article in Question could only refer to one man-the plaintiff. Thomas Costerton, clerk to Mr. R. W. Fry, the .veil-kuowii bookmaker, said he knew the pla,intiff as a gentleman rider in the eighties. He did not know of any gentleman rider at that t'ime but the plaintiff. He had rewd the article complained of, and certainly thought L referred to R. C. Smith, the plaintiff. The trtiicle wis generally talked of in the Albert Racing Club in April, 1909, and the people who talked of it did not seem to have much doubt as to whom it referred Mr. Stanley Welsh, a straw merchant, said he knew of the? plaintiff as a gentlema.n rider. He had read the article in question, a.na he could not think it referred to anyone but tie plaintiff. Bob Smith. Cross-examined He did not know of plain- tiff riding in Geo-majiy in 1888 or 1889, and knew nothing of the scandal with Madame Odilon. iir. Sievier proceeded to cross-examine the witness as to a. daJ" the plaintiff made wit a Ochischlaeger. when his lordship said it had nothing to do with the case. Mr. Sievier: If you will permit me, my Icrd-- His Lordship: I won't. Please do not go cn. This closed the evidence for the plaintiff. The Nama of Smith Mr Rose-Innes then addressed the jury in opening the case for the defendants. He atkea the jury w come to the conclusion that damages would not be justified in a case like this, where the nilme of Smith (of whom there were 1,500 in the London Direc- tory alone; was adopted to hide the identity of a man who was perfectly well known. Mr. Chas. Yoight said he lived mostly in Paris, and wrote articles for the "Winning Post" under the nom de plume of "Rouge et N'oir" and "Rotiget." He wrote the article in question, but a, portion of it was a translation from the German work which gave the name of Smith. 'The only alteration he ma,Ue in the translation waa putting Mon- day instead of Sunday, as he knew there was no racing on Sunday at Hoffegar. He had heard of Eyre, who was the person meant by the smith in the article. At the time he had ne\er heard of the plaintiff. The Book of a Weak-minded Woman." Cross-examined: He supposed that article was the principle ieature in the paper in that issue. lie did not mean this to be a. true story of anyone in particular. He simply made a free translation of the book. lie had seen Madame Odilon in Germany. He took it for granted, when he translated it, that the lady knew wiiat she was talking about, though she called the volume" The booK of a weak-minded woman." Mr. Fraser: Did you not think th £ t was a thing you should not publish to the world at large?—I thought it was interesting enough to my readers. (Laughter.) Tiie only reason you translated it wiae because it referred to a well-known rider ajid an artreso?—Yes, and because it referred to raoiug. His Lordship: But the article referred to a man's action with his friend's Yes, I thought it would be most interesting. (Laughter.) His Lordship: Don't you think this is a libel on the plaintiff? Mr. Rose Innes: Surely, my lord, that is a question for the jury. Hie Lordship: Well, 1 will put it this way— Don't you think it holds plaintiff up to ridioule and contempt?—No. Don't you think it is immora.1 conduct?— Not moral, but not intraoral. Everybody has had adventures of that eortr-(lau.ghter)- especially gentlemen riders. Public Cheer the Judge His Lordship: I am sorry to hear you gay such things in a court. I do not believe the whole of man kind is &o bad as you say. ("Hear, hear," and applause in court.) His Lordship added: We won't have ail to be put in the same category. We won't stand it, and I hope no one is going to deffend the oonduot of these people. Mr. Rose Innes asked where the novels of Zola would be without the spicy portions? Him Lordship said there were plenty of good novels without Zola's. (Laughter.) Evidence having been called as to the translation, Mr. Rose Innes and Mr. R. S. Sievier addressed the jury, the latter Laying stress on the faot that he knew the person referred to, and that the name Smith was only adopted to ccyver that person's identity, and did not refer in any way to the plaintiff. Mr F. K 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 w jald have satisfied any reasonable man that it wae not intended to apply to the plaintiff. If this action was to sueoeed one need only '0 be born with the name of Smith to be born with the biggest eilTer spoon in I one's month that ocruid be imagined, for any I Mr. Smith had only to look up the news- paper and collect inimical references to Smith and then bring1 actions for damages. (Laughter.) VERDICT The ju.ry returned a verdict f<yr plaintiff with &W damages. YESTERDAY S PROCEEDINGS Mr. Hagh Fraser in opening the caee aaid the alleged libel imputed to plitintiffi conduct of the most disgraceful descrip- tion. The plaintiff was a gentleman of some fifty years of age, and had always been connected with Bedfordshire. He held a commission in the Volunteers, and had always been devoted to sport of all kinds, particularly racing. He had been for eleven or twelve yeai- one of the best-known gentle- lilaii riders. and had ridden in various parts oJ the Continent, aa well as in Germany. "Continental Chit-Ohat. The libel complained of appeared under the head of "Continental Chit-chat," and bore the sub-headings of Etccapados and Confessions of an Actress," "Memoirs of lielena Odiion," | and "German Owner a.nd Kngiish Gentleman Rider." The article proceeded —"Some proof- sheets of an lutereiÜng German vomme nas been sent us, entitled, The book of a Weak- ) Mmd'ed v?omau,' written by Helena Odilon, one of the best-known Austro-German actresses of her day. She says: The most tragical upset epicod-a of my tile witii litr- Ochlschlaeger was when an English geutle- I man rider named Smith cvauie to ride his horses. On a Monday in the spring of 1888 Smith waa thrown irom his horst. and badly hurt. I went to him to ask how he was, when Dchlschla-eger came into the room, stormed at m-e in jealous ragt, and tlien left me. Smith subsequently called on me in Berlin, and everybody can imagine how those interviews ended. On the day that we exchanged our leelings ci inend- ship for those of love Qchlschlacger came to the house with a costly bracelet, and, say- ing he could not live without me, asked my pardon. Finding I was talking to Smith, be became furious, .searched for a weapou, and, arming himself with a big kitchen knife, searched for Smith, bjit the latter had escaped." The writer further described her reconciliation with Herr Ochlschlaeger, and concluded, "Poor Air. Smith. I wonder if he is still in the land of the living." The plaintiff said these words meant that he was a man of loosa and bad character, was a coward, and had been guilty of bad conduct with his master's mistress, and ought not to be received in decent society. "Story Untrue" It was true that plaintiff ha-d ridden horees for Herr Ochlschlaeger, but the story about Smith being surprised with, the lady waa untrue, as were also the other allegations whioh reflected on plaintiff's character. The only de.fence raieed by the defendant was that the words complained v.ere not a libel on the plaintiff, ae they did not refer to him. Therefore, the only cmtstion the jury would have to try was whether or not this was a libel on the plaintiff. He suggested u ggm + e.(i it was a case in which the plaintiff was entitled to serious damages Mr. R. C. Smith, the plaintiff, said he had owned various racehorses and had ridden in public as a gentleman rider. He was never paid for riding. He went to Germany in 1887, and sold a gcod many raceho-rses to Gel-mans. He was in Hoppegarten in 1888, but did not ride that year, except for exercise and training. He remembered Helena Odilon, the mistress of Ochlochlaeger, and was in the habit of lunching occasionally at Ochl- fichlaeger's house, where the lady lived. He rode in some races in Germany, but was never thrown in a race. Is there a.ny truth in the incidents describing your relations with this lady, and being caught by Ochlschlaeger, and about his hunting you with a Kitchen knife?—No, not one word. Is there any truth in the statement that there were improper relatione between this lady and you ?—No. Mr. Smith said it was conceded that none of these incidents referred to plaintiff. The defence said that these incidents were written of a rider called and, not wish- ing to inconvenience him, she took the commonest English name she could find, viz., Smith. (Laughter.) What the Wife Said Witness further said his friends believed he was meant by the article, and he had suffered much in consequence. Cross- examined by Mr. Smith, witness said when he showed the article to his wife she was extremely wroth. (Laughter.) I suppose you assured her there was not-hing in it?—My wife's words were, "it would not be in the paper if it were not true." (Roars of laughter.) I did not con- vince her. (Laughter.) Witness was then cross-examined by Mr Sievier, who said he appeared on his own behalf as editor of t..bù paper, aud the hear- ing was adjourned.

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