THE TELEGRAPH LIBEL CASE.

Grey River Argus, Volume XII, Issue 1156, 12 April 1872, Page 2

THE TELEGRAPH LIBEL CASE.

In the Dunedin Supreme Court, in Banco, on March 27, before Mr Justice Chapman, Mr Macassey moved for a role nisi calling upun the directors and the secretary of the Otago Daily Times taA Wihiess Company to show cause why interrogatories should not be administered to them. The action was brought for the breach of an alleged agreement on the part of defendants to indemnify plaintiff against the consequence of all .acts done by him in the discharge of his duties as editor and literary manager of the defendants' papers, the Otago Daily Times and Witness. The declaration set forth that in or about July, 1868, -it -was agreed between the parties that the defendants should ratify, approve, and indemnify plaintiff from the consequence of all acts done by him bonafide in exercise of his discretion and authority as'editor ; that while acting and officiating- as -editor and literary manager of the said newspapers, plaintiff published bona fide certain articles in the Daily Times, of which defendants approved, criticising the management and working of the Electric Telegraph Department of New Zealand, in ; consequence of which he was criminally prosecuted at the suit of the GeneralGovernment; and that, at the request of defendants, plaintiff resisted and defended the prosecution, which was ultimately abandoned and discontinued ; and plaintiff, by reason of such defence, incurred loss, expense, and damage. Defendants, in violation of their agreement, had refused to indemnify plaintiff from serious injury, and plaintiff claimed to recover from defendants LSOO damages. There was also a second count showing that plaintiff seeks to recover the same w

penses in the form of money paid by plaintiff at the request of, and use of, defendants. To the declaration defendants pleaded a general denial, and upon the pleadings, as they stand, plaintiff desires to interrogate defendants in re3got to two letters published by Mr ithgate, the secretary of the Company. A rule nisi was granted.