Title

The Era v Bells Life. [Re Veno and Alice Hawthorn, drawn by S.T. Gill, engraved by W.G. Mason]

Author

Author not identified

Source

Bell's Life in Sydney (Sydney)

Details

24 April 1858, page 3, column 3.

Publication date

24 April 1858

Type

News

Language

English

Country of context

Australia

Full text

The Era v, Bell’s Life.
SUPREME COURT—TUESDAY, APRIL 20TH.
(Before Mr Justice Dickenson and a Jury of Four.)

LIBEL.—SANDOE v PICKERING AND ANOTHER.—This was an action brought by Mr Francis Sandoe, the proprietor of the Era newspaper, against George Ferrers Pickering and Charles Hamilton Nichols, proprietors of Bell’s Life in Sydney for an alleged libel published by the defendants in their issue of the 14th November, 1857, as an answer to correspondents, and which impugned the correctness of the engravings of the horses Veno and Alice Hawthorn, published by the plaintiff.

The defendants pleaded the general issue, and secondly justification, upon each of which pleas issue was joined.

The Attorney General and Mr Windeyer appeared for the plaintiff: attorney, Mr R. Driver; and Mr Holroyd and Mr Wise for the defendants; attorney Mr E. J. Cory.
The Attorney General having proved the publication of the article complained of, the counsel for the defendants proceeded to call evidence in support of their plea of justification.
Mr G. T. Rowe (the owner of Veno), Mr Higgerson (Veno’s trainer), Mr John Tait, Mr S. C. Burt, and Mr Fowles proved that the illustrations published by the plaintiff of the horses Veno and Alice Hawthorn, were not like the said horses; and moreover, that the engraving representing the “Finish” of the great match, was not a correct representation.

Mr S. Davis of the Exhibition Hotel, produced an oil painting from which, or from a copy of which, the defendants alleged the professed portrait of Veno had been drawn. The plaintiff, to rebut this evidence, called Mr Gill, the artist employed by him, who admitted that he had drawn both the horse and the mare from description, and was not sure that he had ever seen Veno in his life. The Messrs Mason proved having engraved the sketches of Mr Gill. His Honor summed up, leaving it to the jury to determine the question of fact, whether what the defendants had alleged was true or false. The jury after some deliberation returned a verdict for the defendants on both issues.

[Bell’s Life in Sydney, 24 April 1858, p.3, col.3.]