A LOST RUG

Dominion, Volume 14, Issue 59, 3 December 1920, Page 7

A LOST RUG

LONG-STANDING LIBEL CASE DECIDED. 'By Telesranh—Special Corresoondont. Palmerston North, December 2. ■ Tn Itarch, 1019, John Gillespie, of Palmerston North, visited Waikaremoann, and whilst there lost ft rug out of MS motor-car. Subsequently lie recovered it. and linking that ■ harles \V. Dale, who was one of the caretakers of t.lio Government accommodation house there, had something to do with its disappear, nue'e, "lie'wrote to the craeral manager rtf thc'Tourist Department, and the loTo Hon W. D. P. Mac Donald. who was Minister in charge of the Oepurunent, complaining of Dale's '.ondliet. Jho result was that in February of the prrsent year Dale sued Gillespie for £1000 damages 'for libel, and the :>iry awarded him "£275 and cost?, but judgment was held over for legal argument, on law naint« As plaintiff never brought on the ca«p ( against Mm, Gillespie lr.ncd in the Supreme Court ot Wellington m October last for a >v.ii-sinr, nnd Ihe Chict Justice reserved Lis. deeimon. This was rend bv the registrar «t I'alinerston North 'to-day. It save a mdiot for Gillespie with costs of (he motion MO 10s, cost? of Hie original tnal as- per scale, and .£ls 15s. for ihe.fc-ond day. Has Honour, in the judgment, said nienr. The defendant r.id net express malice it was clear that the mi diet pf the jury could not be interfered with, nnd the question for him to determine wn= whether anv such evidence existed. After reviewing at length t»o various issues brought forward, he u neludeu that there was no evidence of »*uicss malice to submit to the jury. The letter was not' published by defendant. • It was «ent to tiie Minuter in charge of the Department.-and related to a cnnir.lr.int 118 to the management of the r-trart-ment. The defendant did n-1 express onv wish for its publication, but re'inestcd the Minister to direct an investigation by officers, '"'lie drfcndant liad never seen tTie plaintiff Wore, and there was no suggestion that any illfeeling existed IMweon them trier to the occurrence. jT nc fi,ct: ~,nt, Gillespie had lost the rug was undoubted. Mil h° was accused "f looking false statements in regard TS~fTiis. and Vis, letter was an explanation of the acciwatioi'. •