Alleged Libel

Alexandra Herald and Central Otago Gazette, Issue 426, 23 June 1904, Page 5

Alleged Libel

The Supreme Court, Dunedin, was occupied on and Thursday last week bearing an action brought by Mr R M Finlay, of Dunedin, against Mr George Spencer, of -lexandra, for alleged malicious libel, the plaintiff claiming £5Ol damages. The cage was heard before J Mr Justice Denniston and a* jury of twelve The alleged libel w.as 'Qoutaihed in a circular issued by Mr Spencer, as chairman of directors of the?, Perseverance Gold Dredging Company, to. the shareholders of the Company. Messrs W A Sim and 0 J Hanlon (instructed by Mr C J Payne) appeared for the plaintiff, and Messrs W 0 Macgregor and R Gilkiaon for the defendant. The Jury answered the issues put t# them as follows C—- !. Is that |iortion of the circular set out in btatement of claim, stating tha|b the;.plaintiff has conducted this business from first to last in an underhand manner, true in substance and faet?-~Yes. ~ Do the allegations :in the paragraph of the said circular beginning " There is another matter," refer to the plain* tiff and impute misconduct to him ? Nq, ■;■. ■.. ; : " : ;: -' Was the defendant, in writing and publishing the said circular auctuated by actual malice against the plaintiff! —No. ~ X-#' :••■••• '•'..'- :;..• foreman said that 10 of the jury were agreed on the verdict. :'';..;,: = His Honor entered up judgement for defendant with" costs, as per scaJp,