New Yorker Libel Case Goes to Jury : Courts: Psychoanalyst was subjected to ridicule by disputed quotes used in article, his attorney says. Writer’s lawyers say the material was an accurate reflection of comments he made.

The curtain fell Thursday on psychoanalyst Jeffrey Masson’s libel suit against the New Yorker and one of its star writers, leaving jurors to decide whether his reputation was sullied by five contested quotations in a 1983 profile.

In closing remarks capping 10 days of testimony in the celebrated case, Masson’s attorney accused journalist Janet Malcolm of fabricating quotes that portrayed Masson as a sex-obsessed “jerk” and subjected him to widespread ridicule.

“We all get hurt in life . . . but damn few of us get the beating Jeff Masson got,” attorney Charles O. Morgan Jr. said in asking the federal court jury to award his client $7.5 million. “He’s got a label that isn’t going to go away.”

Malcolm’s lawyer insisted that her article accurately reflected comments Masson made during six months of interviews. In a voice heavy with scorn, he called the psychoanalyst a “devious person” who created his own problems and cannot remember what he did or did not say.

“The truth is, he said all of these things,” attorney Gary L. Bostwick told the eight-member jury. “And if he gets one red cent by coming in here . . . then her career is ruined.”

Masson filed his lawsuit after the New Yorker printed an unflattering two-part series by Malcolm, a writer for the magazine for more than 20 years. Later published as a book, the articles dealt with Masson’s then-controversial views on psychoanalysis and his firing from a prestigious job as curator of the Sigmund Freud Archives.

The five disputed quotations include Masson’s comment that elders of the psychoanalytic profession regarded him as “an intellectual gigolo.” In a second remark at issue, Masson said he plans to turn Freud’s London house--the musty repository of some of the archives--into a place of “sex, women, fun.”

Only one of the quotes is found on more than 40 hours of tape-recorded interviews. Three appear in Malcolm’s typewritten notes--which Masson claims are phonies created by the journalist--and the fourth Malcolm says is lodged in her memory.

Experts say the verdict is unlikely to break new legal ground. Two years ago the U.S. Supreme Court set new guidelines for libel lawsuits, specifying that Masson and other plaintiffs must show not only that quotations were fabricated, but also that they substantially altered the speaker’s meaning and injured his reputation.

Moreover, Masson must prove that Malcolm either knew the quotations were false or acted with reckless disregard for the truth in printing them.

The trial has been an intellectual cause celebre, attracting a courtroom full of scholars, psychoanalysts, literary groupies and garden variety looky-loos. Reporters also turned out in force, representing publications as distinct as Spy magazine and the London Observer.

“It has just been captivating,” said Robert Chartoff, an environmental lawyer who came to observe “the lawyers’ techniques” but got hooked by the trial’s personalities and soap opera themes. “I haven’t missed one day.”

Masson and Malcolm were clearly the most intriguing of the witnesses. Masson, 52, who favors stylish linen suits and wears a pinkie ring, was animated on the stand, responding quickly and volubly like an eager-to-please A student.

Malcolm, 58, was more subdued. Aside from a few outbursts in which she accused Masson of telling “big lies,” she seemed meek and nervous, often pausing to think and adjust her glasses before answering questions.

Masson’s lawyer sought to paint Malcolm as an unscrupulous journalist. Malcolm admitted she weaved together quotes from interviews that took place at different times and in different settings, but said such blending is acceptable if the meaning is not changed.

Another witness--Nicholas Pileggi, co-author of the movie “Goodfellas”--testified that many writers of long pieces compose stories the same way.

In a dramatic moment, the New Yorker’s legendary late editor, William Shawn, testified from the grave--via an actor who read his deposition in a voice some said was reminiscent of Abraham Lincoln reciting the Gettysburg Address. Shawn, who died last year, said Malcolm had assured him all of her interviews with Masson were tape-recorded.

Masson’s final witnesses tried to supply evidence of the harm done by Malcolm’s pen. Proving he was wounded by the quotes--and not by earlier episodes that had made him a pariah in psychoanalytic circles--was considered one of the biggest hurdles Masson faced.

Nancy Scheper-Hughes, an anthropology professor at UC Berkeley, said she read the New Yorker articles before meeting Masson and concluded that he was a “boastful, narcissistic man.” She later changed her view, but said many others in academia had not.

Masson’s former girlfriend, Denise Weinstein, said Masson’s obsession with the articles contributed to the breakup of their relationship. She also testified about witnessing a crucial conversation in which three of the disputed quotations were allegedly said. Challenging Malcolm’s claim that she scribbled notes on paper scraps and later typed them up, Weinstein said she never saw the journalist write down Masson’s comments.

The heart of the defense case was an effort to erode Masson’s credibility--a tactic apparently designed to persuade jurors that his libel claim is not believable because he is not.

Bostwick sought repeatedly to expose gaps in Masson’s memory, showing that in the earliest versions of his lawsuit, he denied making statements that later turned up on the transcript of tape-recorded interviews.

Masson’s former lawyer, James Brosnahan, testified for the defense that immediately after the articles appeared Masson said the quotes were “by and large accurate.”

Malcolm had the last word of testimony. Asked point-blank whether she put words in Masson’s mouth, she said it is “wrong to make up quotes” and added:

“I would have been crazy to make up quotes. This man is such a wonderful talker. He leaves you with an embarrassment of riches.”