"WIZARD" SMITH

Rotorua Morning Post, Volume 2, Issue 315, 31 August 1932, Page 5

"WIZARD" SMITH

(Press. Assn. —

HIS LIBEL ACTION SYDNEY SOLICITOR ARRIVES IN N.Z. TO COLLECT EVIDENCE ■

ACTION AGAINST' NEWSPAPER

By Telegra pn — Copyright).

Auckland, Tuesday. To collect evidonce on commission for a £20,000 libel action against an Australian weekly newspaper for statements alleged to have been made concerning "Wizard" Smith's *attempt on the world land speed record at Ninety-Mile- Beach last summer, the Hon. D. R. Hall, formerly Attor-ney-General for New South Wales, arrived by the Monterey from Sydney this morning. Evidence on commission has been directed • by the Supreme Court of New South Wales to leading solicitors in Auckland and Kaitaia, and they will be asked to hear evidence from men who were on the NinetyMile Beach at the time of "Wizard" Smith's attempts. The evidence will be used in a case which is to come before a jury in Sydney at the end of September, and also before ■ 0 judge alone in Adelaide in October. Mr. Hall said that the newspaper ih question published a yeI?ow poster, and gave a record of a speech alleged to have been made when "Wizard" Smith was said to have received a yellow flag from motor drivers in Sydney. The newspaper also published statements which suggested that the fire which took place on the Fred. II. Stewart Enterprise (Smith's racing car) was arranged by him, and that on that particular day, for the first time. he had a fire extinguisher on hand," Mr. Had stated. "Evidence will be called from men who were at the beach. and from men. who saw that care was taken to have a fire extinguisher handy on all occasions when the car was started. Evidence will also be taken from men who will testify as to Smith's eourage as a racing driver. It is open to the newspaper to call evidence to the contrary. When all the evidence is collected it will be presented to the Supreme Court in Sydney."