SUPREME COURT.—CIVIL

New Zealand Times, Volume XXXIV, Issue 5794, 24 October 1879, Page 3

SUPREME COURT.—CIVIL

SITTINGS. Thursday, October 23. (Before his Honor Mr. Justice Richmond.) CARKEEK V. WILLIAMS. Mr. Travers, with him Mr. H. H. Travers, for plaintiff ; Mr. Izard, with him Mr. FitzGerald, for defendant. The following gentlemen were sworn in as a special jury -.—Messrs. T. W. Young (foreman), A. Jeffery, W. H. Davis, E. E. Zohrab, A. Tyer, Thos. Power, Henry Brittain, R. Burrett, John Hally, F. White, Wm. Bishop, and Captain Bendall. The action was one for the recovery of £I2OO for an alleged libel published on August 2, 1877. Plaintiff, Mr. A. W. Carkeek, was a surveyor, and defendant, Mr. G. W. Williams, was deputy-inspector surveyor for the district. It appeared from Mr. Travers’ opening that defendant in his official capacity dictated to a clerk in the office a letter to plaintiff which contained the said libel, and which made certain accusations against the plaintiff. This letter was copied into the letter book, and the contention was that the dictation of this letter and its preservation in the office letter book where it could be seen by others was sufficient publication to bring it within the law of libel. A lengthy discussion took place between his Honor and the bar upon this point of law, his Honor being of opinion that he could not rule dictation to an amanuensis to be publication of a libel. Eventually, his Honor retired to confer with the Chief justice, and on his return to Court said it would not be expedient to nonsuit the case, and that he should allow it to go to the jury. The case then proceeded, and Mr. Travers read the letter which contained the alleged libel, as well as other letters bearing on the case. He called the plaintiff and T. B. Armitage, Government clerk, as witnesses, and the case for the plaintiff concluded at 12.40 p.m. For the defence, the evidence of defendant and Morgan Carkeek, brother of plaintiff, was taken, after which a verdict for defendant was accepted by consent. The Court adjourned till 10 a.m. next day.