LIBEL CASE.

Daily Telegraph (Napier), Issue 3991, 7 May 1884, Page 3

LIBEL CASE.

New Plymouth, This day

In the Supreme Court yesterday the case of Gibbcs and wife v. Samuel was proceeded with. The action was to recover £600 damages for an alleged libel by the defendant on the plaintiffs. Mr Hutchison, of Wauganui, was for tho plaintiffs, and Mr Hesketh, of Auckland, defended. Mr Hutchison applied for a change of venue on the ground that a fair trial of tho case could not be had in New Plymouth. After Mr Hesketh had replied His Honor ruled that the place where the parties had been known for years was the place to try a case where the question of character was at stake. Ho would therefore refuse the application. The question of the publication of the alleged libel was then raised, and Dr J. Murray Gibbes, one of the plaintiffs, was put into the box to prove it. The question raised was whether letters from Mr Samuel, a solicitor, to another solicitor, were privileged communications. In his evidence Dr Gibbes admitted writing a letter to Mr Roy, authorising him to act for him while he was away in England. Mr Hesketh thou applied for a nonsuit on. the ground that the letters in respect to which the action was laid wero privileged communications. His Honor granted a non-suit. Mr Hutchison intimated his intention to appeal.