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supri:- '
Tuesday
SITHSCS IX
f Before tho Chief J usticri 6
Mr. Justect \
. WILSON
Rnlo ni>i io change V
Melbourne. Mr._ Pur
vlfidf of toe dciew
Into ; Dr. Dqbson,
cause.
In this case,
stables, Gcelong,
Joseph v. cyme
alleged libel, r
Xrodrr newspsp
respectively, to
st ' too Autuir
Rating Clul the'
in their denur
tactics on tb
that it was
favorite
win. ar-'
in Cr
win
fate
pari
of '
pul
at
to
hot
tha
Dor
t>
'CO.
charm,
had boeu r
one thououA
;bnt which- \A
That John lAT
also went fronhjy-..
meeting In AdetuiA -
Juil, aud tlie eahl Jl Marka
terial and nowesary witnesses on .
trial ot this cause, and also the joekt,
andT. Harites, and W,,- Branch, booluo-.
went to Adelaiio from Melbourne, to at to.
race nicotine are alse' material and necessary,
ou my behalf on the trial of tilts cause. That-,
to thu fourth patuxntph of my. said affidavit,
htrcln ou tho twcity-slxth day of April Iaat,'laa.
the expression therein, " as my business engagein.
require my attendance In Adelaide, was Intended -
mean and imply not only my personal atthudance. bu,
also that of uy said sou Jamoe \VUsou and 11. Marks
and John Landy aud other persona In inv umplovinopt
who.wouldhxie lntd to go with rue it tnersaiu nomo(-
had not been wltbdrawnus aforesaid, anrfwho trill also
bo material and-neccssary witncese9 on my behalf 0:1 r
the trial of this cause. That It waa absolutely iiecot- \
sary and unavotdablo that tlx? said James Wilson, jun.,
11. Marks and John bandy should go to Adclolae ns
aforesaid, and in their absence and tint cf the others
hcrolnbctere mentioned, from Melbourne, It was 'Im
possible for me to pcoceisl to tlio trial of this causoak
tho sittings of thu' honorablo cnttrt commencing /wi
the tweaupth day of May last. That referring, t AjCtJ
sixth paragtaph of tho said affidavit of the said l/ie -1 :
Symo. sworn herein, I say Uiat it Is fruo that J).'
not attended the Auolaide raco meetings toryijiSf ,/h,
years, the reason being that for thoso years T ' ? irto ,Xi
no horses entered or running thereat. Th wit-e
tbm to. the witnesses above named I havo
olhersj who'aro emptoyed In vsriotts eatsie . Sp
nliout my training ttahle, wlio X am advistg . s.
llcvo It will -be neccssaiy for mo to call to k > ./
dence oe m.v behalf, qr to tonder to'ths detente,
cross-examination on rite trial of tills cause. Thar
a large number of valuablo horses both of my o>
belonging to other persons now in courso of ti
and keeping at my said stables at St. Albonli.e .
about three miles from the Courthuuso, Gotdonf.x.
it will he In tlio highest dogroe darweirons, expensh
and ijiconreuientboth to myself nnd tlie oivnors of tiiv
other lioises to bring all tny sold employes away from
St. Albans to attend the trial of this caiwo id . Mel
bourne -That if the trial of tills causo takus place in
Gcelong I can arraago forithe attendai\ee ot a few of
mv eald employes at the courthuuso at a tlmh, not
bringing them away from their duties until required.
That I behove that there will be a greater balanco of
inconvenience to'myself by rt-uiovinglho trial of tills 1
cause from Geolong' to Melbourne thiol will arise to tho
defendants by the trial of this ctttso taking place in -. '
Ueelong. 1 -. - -
Dr. Dobsan said that morning an affidavit hnil- J -j 1
been banded to him on behalf of the defendants , 1
containing further matter, but ho submitted it,
could not Bo road unless tho plaintiff was allowed -
tho opportunity of answering it, !;
The Ohio! Justice thought thoy could not pre
vent the affidavit being read, but too plaintiff if 1
lie thought it necessary, could ask for an adjourn- "
inent. .
Dr. Dobson urged tliat tho ncw-Jtffidr'
itaincd fresh matter. . V " "
Mr. Williams observed Eta t thoro v.
deal of fresh matter in Mr.\Wilson's a
reid.
Tho Chioi Justice considered Hint ti
might be read the court waa not'liko
Dr. Dobxou read tho lollowing ire
put in by tho defendants
In tbo Supremo Court. No. 1002. Bctwt
Wilson, plaintllf, aud liavld Symo and Josop
Symo, defendants. — 1, Necld itundell Dnneom
of No. to CoUlns-street west. In Uie city of Mei
In tbo colony of Victoria, journalist, make oa,
say:— 1. lain tho BiibrUnr cdltorof the two
papers callsd resiiecUvely The Ago mid Leader,
llbhcd at Molbourno, In tho colony of Victoria.1 '
hare read what purports to be o copy of an affidav.
! James Wilsomsworu hondu on tho 35th day of Ji
Instant. A That tho above-named plaintiff. Jot
Wilson, has not for upwards of five yoars attended o-
raeo meetings ateitherAdelsIdeorTasmanla. 4. Tha
w. Tcemans and T. Uallcs, in tho said copy affidavt
mentioned, both reside st Fltmiiigten, nour tho said
;clty ot Metiwurne, and W. Branch and B. Marks, alert-
'lu the said copy affidavit mentioned, respectively £0-
bldoat tho said city of Atelbourue. S. 1 un informal
by several persons, and vorily boliovo tluit tbo pluntlff
,1ms employed ouoi Bicker Hamilton (commonly known
as Tout Cela") to caurass Gcelong aud tlie surround) ,
kigdbtrlot with a view to create sympathy with tlia
plaintiff hi tbo matter of this action. 0. That whothos '
so omployod or not It is as I am informed apd vorily
' clieve an undoubted (act that tho said IrWter HarnlH y»
fin ins been and is now interesting fdmrndf in. and /
an qrotzrrd Geekmg on behalf of .'the Baid plaintiff ir, y ,
tho . ratter of this action. &wsf» hlcloouroo tllU.-
2»th Ij»y of June, lisso.— N.R' te. Boxd. '
. Dr- Dobson thought thS||tegatioii that Mr,'-
"ilsott so—e-viaitofl Tasmuka was irreloteut, , ,
as ho never tbattfw was going to that '
.colony, ©w
Mr. Durvos: '.'A Aoj?— -''.li'IcnVin(l thd
bearmgof it; wowiljMouwyoi'. 1L
Iir. Dobson : Wo vfish to show mctclyvuy m-
did not bo to Adelaide. Besides, . th V Btatenlent
about Mr. Hamilton was a cliargo of embracery
respecting the wholo panel of Geolone. Ycfl '
what was carrier than for tho defendant to stark
Mr. Hamilton on such a mission 2 There is '
no proof that he was in toe Btrvico of the plain
tiff. If thin affidavit is to be token as read we
have a right to get an affidavit from Mr. Dickeri 1
Hamilton or from the plaintiff absolutely deny-i '
ing that statement. Of courso we could not '/
answer that affidavit before because it was -noti j
served on us till too last moment Wo haw t ,
given a fair explanation why Mr. Wilson did.' > !
not go to Adelaide. Tho sporting editor of Tha
Age and TheLeadersrould know what horses were '
entered and what withdrawn for tho Birthday
meeting. It was not reasonable to snppo60 thai
, there was anything improper in Mr. Wilson hav- 1
ing altered his mind when eight out'of nino horses' !
wero scratched. The plaintiff has oi right to try
his caso whore ho choose ; or at any ruto whero .
the cause of action aroso by publication of Tha
Age and The Lender. Wo havo seventeen ' wit
nesses to call as against twonty-twn ot tbo.defcnd - -'
dant-
Tho Ohiof Justico : now do you make out tha
number of your witnesses as seventeen ?
Dr. Dobson: Paragraph 12 of Mr. Wilson's
affidavits says that in addition to other witnesses
enumerated somo fifteen others in his employ
would bo oribri oq his behalf or tendered for cross-
xriTnigntiPHr .
The Chief Justice : What do you expect to make
ont of that 7
Dr. Dobson : We Will call the trainers and
ridcra of toe horses to explain, and tender thorn
for cross-examination by the defendant. If they-
refuse to cro-A-c.xauiiuo them, tho infcrcnco will-he
in our favor. - '
Mr. J tuitico B:irry : I never hoard of that being
referred to until the summing up 01 riiu Lima.
Suppose they decline tocrc»-c-xaminc
Dr. DobsLn; Wo will explain the wundrawmg
of tho hor-cji, and wo will t-.-n-it- oviutm-u i„r
crots-exaniiliatioa in support w. on c.,,,.. W 0 ,
are prci»aret| to explain the scr.-.iLl.t-ng r,f every W
one of thesa iyorso. s y.
Mr. Purvesl: Trainer.; and rider.-, of "Uises Jiavc i
nothinjntodo Vtth Bcrafi.liiui'. / I
Dr. itebson : vlho stable have Uiiio irheth\
horse is in goodWrndition or "Cv. v./- \
Mr. Burvca : Flat I'lO very tld g Ute eUihl,- "
boy do-, not know). / '
Dr. Dobson : IV 1: arc prepare/ "» #vtiyuf
.|t3Gi -0

have any of tbi
wjfl court on ten minutes
Hat we call Xisi rriw
.W can have dodge foi
- does certainly seem ai
1 find it far oasier tc
tho lianda of their
:ndsor, and attend
. w Mr. Wilson to
-Ihournc. ' It is a
ee between tho
msincss of The
veil if tbe de
cs tho business
tho absence ol
It is not dtsir-
ses. It would
(laughter.)
a law ol the
'unitted that
us for Mr.
Aa an
it was
the
UC-y
its
'.o-
ro
1-
e
f
r
t
5"
«a
,r <yO_urso
a spicious.
en it at tho
.itNgesli ease of
at'.oharl ; Town.
„ (Sometimes a Dorse will
. last moment. '
, It is not important lor any-
. at the meeting to h'x called to
cc; Wo will undertake Vo admit such
as that the scratcbings took place at a
day or hour. '
Purvos : Tho chaxgo is that' these horses
j scratched at the last moment, in the face of
,e public, for stable purposes. Th t horses were
i the immediate neighborhood ol t.bo paddock,
dtli a certain ripple of excitement going on.
.Tho Chief Justice : If that is so, tho placo
' where tho races were run is material. It is the
condition of the horses at the timo of scratching
that will have to he inquired into. Yoi i want the
evidence of witnesses who had 3cen_tho horses at
tho time, and who were eapablo of judj. png their
. condition and forming an opinion, or tbo ovi-
.>«?f-vVp£ some one who could say, ' I .taw that
. . . who day boforo the race, and .ho was
"IV. 1" Is that not a matter of great import-
n)/ vJi'T
N&a/hson : At any rate they are only going
,<s' H. uty-two witnesses against our soveu-
Justice : Unless you specify certain
\iom you intend to call yourself I do
\o slightest importance to the num-
Vill bo presented, for cross- oxamina-
.! \mcroly an attempt to parade before
y. -miat aro these witnesses ? How can
waik to the condition of the horses 1 The
i who rides a horse cannot necessarily speak of
, condition. Tiie man who inspects understands
, ft home best. There must be two or three people
Jf.Vn a stable who supervise all the horses. Tlie
' , ij riders and trainers arc mere instruments under
the direction ol others.
Dr. Dobson: Wo havo at any rato fifteen to
' 1 call-
/- . Tho Ohio! Justice: Not fifteen to givo cvi-
g ; donee— a certain number; to parade and a cortam
RV.. number to coll. .... ,
P . Dr. Dobson : It is impossible to say bow many
t we shall have to call.
U The Chief Justice : I should like to have a
little particularity. . .
Mr. Williams : Mr. Wilson mentions the names
of six witnesses, and four reside in Melbourne.
Dr. Dobson : You do not mention a smglo one
whora you intend to calj. , _
?Mr. Purves ; Wo shall havo to call nearly fifty
t'u»is5tephen : It strikes mo that tho
hi will be Qi reference to what occurred
iboumo racecourse, and thero aro
Is of circumstances which might
cssaryto call a number of Melbourne
Tho principal event relates to tho
racecourse, which i3 frequented by
oen. It also seems to bo an inquiry
mysteries of betting,
ef : Justico : Tho question comes to one
iponderanco of convcuiencc. I do not
it necessary to call a number of wit-
co provo tbo' condition of horses which
,ad not 6eon in regular training. It cannot
.cossary to call rooro than two or thrco men
woro entrusted with tho supervising ot tho
ition of horses, becauso if you call more
'je assistants, their cvidcnco may bedisproved
jross-oxaminatioin You want to call someone
,0 understands training as a great art, for it is
mysterious art to some, The number of tnen
ho possess that knowledge is comparatively fow.
Tho defendant will havo to call witnesses who
can speak to the condition of tho horses at tho
« timo they were scratched. As regards numbers,
\ preponderance of convenience scorns to bo m
vor of tho defendants.
Dr. Dobson ; That could be easily adjusted by
(.r money arrangement. I am prepared to offer to
/c':, pay any extra cost incurred by a trial at Geelong.
fy-'y- Tho.Chict Justice: Tho defendants make thd
name offer.1 _ J
Dr. Dobeon : Tbt rjglit is with the plaintiff'
Tho Chief Justico j d0 ttot think tho
of right should ovVrnte even' considcra 0
convenicnco. I camot couceivo ativrese1 tiow
5 > you havo rnoro thai witnesses . .
' Mr. Justice Stop . It seemr
; n"B T/rlirfie more convuniont
BnV0io trial whorcilns witnesses are.
rXxMoleffworth having fallowed Dr. Dobson,
. In support of tho plaintiff,
'?" Mr. Turves replied. Tho allegations con-
tajned in the articles complained of would havo
/;, to bo proved by witnesses residing in Melbourne,
j : . They wonld have to prove that a horse was pub-
licly backed, by bookmakers employed to do 60
H by tho stable in ardor to blind the public, whilst
0 ' ' the stallio wa#, secretly getting their bets on
fe v; ' another borsc. -They would havo to provo that
W'; 'i by a number of witnesses. They would also havo
( ; . to prove that tho horse was in the paddock up to
f"\". the last moment Tlieso things would bo provod .
. \ . by. witnesses, both the bookmakers and the Mel-
bourne public, who were fleeced and hoodwinked.
El . Almost all the races to bo inquired into were
F '. pin at Flemington. These facts would bo proved
K" , by various classes of witnesses. First by officials
i'.' v- of the V.K.C., secondly by. bookmakers, thirdly
-by that long-suficring British public — tho
IJ -victims who were -baffldl and deceived
ifcy tlio tactics of tbo St.\ Albans stable,
t .v Jt was also intended to call overy- sporting writer
'on tho Melbourne press who had made comments
r equally severe as The Age and Tl\ Leader. All
these witnesses would bo inconvenienced if tho
trial took placo nt (icclong. Mr. Turves thou
examined Mr. Wilson's afliaavit, and contended
that it showed no good reason lor the refusal to
consent to the trial in Melbourne in May last.
- In reply to tha Chief 7"tice, Dr. Dobson said
he had been instructed , n»se tho trial at Mel-
dournc, and to suggest tii . . It should be held at
" jlr, Furvcs objected to Sale as being too iis-
cant.
Tho Chief Justico delivered the judgment of
th6 court. Ho said he bad made tho order re
fusing to chango tho venue, and ho had
no hesitation iu saying that his'\ opinion
was changed in consequence of the additional
v Information contained in tho furthoV affidavit.
A'What principally weighed witii him yas that tho
o$ great burden of proving a mass cjf evidence
k J? rested on the defendants. That evidence would
consist of tlio testimony of witnesses in and
aroimd Mclhounic. Tho plaintiff youid merely
t-luivcri launch lxi-s case by proving y he libel. The
w-'uli rest on the defendants. They
w wcJnld -hav#. to call a ina# cvidenco
' - frJnny Mcl>olrne people who' wore present
-- 'a 'tncA.fi tho occurr&uces described.
iiainrt t th0 would r ioako
€x clangs of bystandeis Piirt- oi tho res
> ovidcncc l The oxchunatiops

t the defendants vuld have to call witne&sei
fvi,r?Te r1 .-A regarded the real sting oj
r ri . ' viz., that the plaintiff had re
i Z-x- moment to run horses in a fil
. cwaitioD— that must be proved by persons wh(
_ 5: ® Present at tbo races. If a horse was found
ot w be in a good condition weeks before and
w nam© was struck out, there would be nc
ground for suspicion. The whole ground foi
wtepjcion was in a horse being suddenly and
aSY?-an unnecessarily scratched, and the
scratching postponed til) the last moment. If a
norse was known to be unfit the natural disposi-
wan would be to strike his name out imroe-
niatcly. Knowing the animal to be unfit, yet
ois name not removed until tbe last moment:
were circumstances of suspicion ; and a scries of
f? fospicions wouM amount to some proof cJ
too allegations of the libel. There seemed to li
no distinct principle to be deduced from tl»
authorities on this question, except that it was
mioof convenience, and that was a jury question.
He always endeavored to ascertain the real in
tention of the parties, to sec whether there were
any 'false excuses. He waa tnick with the fict
that the plaintiff did not w, ant to have the ctsc
tned in Melbourne in May last, notwithstanding
toat it would have hastened the trial by a few
The jffaintiff said he was obliged to go
rn.£fTaM!® T Was weighed on his (the
unicf Justice s) mind when he rcfusod in Cham
bers to change the venue. The plaintiff's answer
\b&t his son had visited Adelaide in
stead of him. If his son could have been sent at
one time there was no reason why be could not
have been sent at another. It was a proper case
to try in Melbourne.. There would bo a larzo
paj / jorore, and a fair selection could be
uide from among a number of disinterested
-ons.
Justice Barry and Air. Justico Stephen
d.
Toluto to change venue to Melbourne ;
mcorred by plaintiff to be paid by
oats of the role to bo paid by the

$