A LIBEL ACTION

Dominion, Volume 13, Issue 127, 23 February 1920, Page 8

A LIBEL ACTION

DEFAMATORY LETTER

VERDICT FOR £275 DAMAGES

By Telegraph-Special Correspondent. Palmerston North, February 22. •V ease which has excited considerable interest here occupied Mr. Justice Hosfcin» at the Supreme Court for three days, and was brought to a conclusion on Saturday It was an action in which Charles AVorsnop Dale, of AYaikare. moana. sued John Gillespie, a wellknown citizen of Palmerston North, claiming .MOM damages for an alleged libel contained in a letter written to the Hon \V. D. S. Mac Donald, as Minister in charge of the 'J'ourist and Health Resorts Department. In the letter if'was suggested (the statement of claim allesedrthat plaintiff had stolen a rug iron) defendant's motor-can Mr B. J. Dolan (Napier) appeared for olnintilf. and Mr. H. It. Copper for defendant. The case was tried beioro a mrv of twelve. After lengthy evidence had been licurcl, considerable argument took place on the question as to whether the letter was privileged, and Mr. Cooper applied for a nonsuit, as there was no evidence of cxurea< malice sufficient to go to a jury. 'His Honour submitted the' following issues to the jury:-"(l) Was the letter set. nut in the statement of claim published bv defendant of and concerning the plaintiff? ffl) Wnsthe said -letter defamatory of the pmmtift? Note; It is admitted that the letter was written and sent to the Minister on a privileged occasion. Although it may be defamatory no action is sustainable on it unless it was written and sent out ot malice against the plaintiff. So, if the jury answer both questions (1) and (i) "Yes" they must consider and answer the' following further question- W Was the said letter actuated by malice against the paintifr If the answer is 'Yes." then (i) What damages is the plaintiff entitled to re,,oLenethv addresses to the jury followed. In summing up. His Honour observed that tho first point could bo answered in the affirmative. That much was admitted As to whether the. letter was of a defamatory nature, His Honour said that wis a matter for the jury, calmly and. reasonably, to consider; ■Uter the luncheon adjournment the iu'ry returned with "a verdict in tho affirmative on each of the first three points enumerated. Damages wore fixed at .£ 0 75 ■ Mr' Dolan formally moved for judgment and the motion was opposed by Mr. Cooper. The motion was adjourned for'hearing on Tuesday.