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Colonial Cases

Hernztein v De Sermo and others 1907

[defamation]

 

Hernztein v. De Sermo and others

Appeal Court of the Mixed Tribunals, Egypt

April 1907

Source: The Egyptian Gazette, 26 April 1907; 3 

THE RUSSIAN AFFAIR. 

AN INTERESTING CASE. 

This morning the hall of the Appeal Court of the Mixed Tribunals at Alexandria presented a very animated appearance, for it was crowded with a large number of persons, who came to assist at the trial brought before the Italian Consulate by Mr. Hernztein  against 68 Italian subjects. These were accused of having signed a pamphlet charging the plaintiff who having given information which led to the arrest of three Russians concerned in the recent affair which caused such commotion. 

Among the defendants were several notabilities of the Italian community among whom, we noticed Drs. De Sermo, Camerini, Protamo, Calzolari and Salania. The inquiry lasted throughout the morning. All the defendants replied to the charge of defamation that they simply exposed facts in the brochure referred to in order that full light might be thrown up - on the case of the three Russians.  All declared that they knew Mr. Hernztein by reputation and only that the charges were of public notoriety. 

The Consular Court consisted of Falqi Cav. President, Com Manusardi and L. Stagni, judge assessors. Messrs. Padoa Bey, Colucci and Volpini represented Mr. Hernztein, who appeared as "parte civile." The latter did not appear this morning, on the grounds of illness, and at half past eleven the Court sent a country usher with a doctor to confirm the plea of illness.  At the conclusion of the audience plaintiff's counsel withdrew the charge against 22 of the defendants, thereby losing the case against the others according to Italian law.  The Counsels for the defence asked the Court to take note of the partial withdrawal of the case.  The Court rose at midday and will sit at four o'clock this afternoon. 

 

Source: The Egyptian Gazette, 27 April 1907; 3 

THE HERNZTEIN CASE. 

The hearing of the libel action brought by Mr. Hernztein against sixty-three Italian subjects was resumed yesterday afternoon at 4 o'clock in the hall of the Appeal Court of the Mixed Tribunals.  Over a thousand persons were estimated to have filled the hall in order to follow the pleadings as the case has excited a great deal of local interest. Maitres Luzzat and Colucci pleaded that Article 88 of the Italian Penal Code provided that in the case of a collective indictment a partial renunciation entailed the acquittal of all. The Court therefore acquitted all the defendants amid great applause. 

 

Published by Centre for Comparative Law, History and Governance at Macquarie Law School