DAMAGES AWARDED

Hokitika Guardian, 5 February 1930, Page 6

DAMAGES AWARDED

CLAIM AGAINST COMMUNIST

PAPER

GREYMOUTH,' February 5. Yesterday at the Grey mouth Magistrate's Court, si claim ' for ~£6O, -as damages, was made by the Blackball miner, William Balderstone (former Secretary of the Blackball Miners’ Council), against - A. F. Marshall o.i Wellington, as printer, publisher and proprietor of “The Red Worker” newspaper, a Communist Party journal, published at Wellington, for alleged libel. The S.M., in delivering his decision, stated that a proper interpretation had placed on the wording “that although pledged to demand a wages increase, the leaders, led by Balderstone, i sold out to the owners.” The question was whether such a statement was lib- , ellous or not. The defence held that the words “sold out” were commonly used to decide what meaning would be given to the words by an ordinary intelligent member of the public. Would he infer that it suggested that the leaders had turned traitor‘to the men, and for a. consideration or benefit, to themselves had failed to carry out the wishes of the men. “My opinion is that they are capable of only one interpretation. They suggest that there had been a breach Of trust, and a dishonourable act had been done and the j representatives of the men had betray- i ed their trust for some benefit, not necessarily an immediate one. I certainly think the words are libellous, and plaintiff is entitled to damages,”, said his Worship. The question then arose as to what sum was a reasonable ! , j amount.' Plaintiff claimed £6O. Was that a ‘big sum to assess his reputation at? Such sum was named as a reason- ■ able amount to cover only the expense l plaintiff would be put to, and the Mag- J istrate considered it a modest claim. ) Plaintiff was entitled to the full ) amount claimed, £6O, with solicitor’s ) fee £4 3s, witnesses’ expenses 19s 3d, * and Court costs £2 13s, and judgement * was entered accordingly. .1