CLAIM FOR £l000.

Stratford Evening Post, Volume XXVIV, Issue 50, 4 February 1916, Page 5

CLAIM FOR £looo.

NEW PLYMOUTH LIBEL ACTION. SAUNDERS v. THE HERALD. At the civil sitting of the Supremo Court nt New Plymouth yesterday, Garnet Hornby Saunders, manager ol the Taranaki Amusements Ltd., and late of the Empire Picture Co., commenced an action against Henry Weston, proprietor of tlie Taranaki Herald, for £IOOO damages for libel.

• The statement of claim set out two causes of action and a further alternative case. The first cause of action after describing in paragraphs 1

and 2 the plaintiff and the company continued :■ —

(3) As the manager of the Empire Picture Company the plaintiff had and ha s charge of the letting from time to time of the Theatre Royal. (4) The defendant is the proprietor, printer and publisher of the newspaper known as the Taranaki Herald. j which said newspaper circulated in New Plymouth, and at numerous other places in the provincial district .of Taranaki, and elsewhere in New Zealand. (5) In the issue of the said newspaper of the second day of October. 1915, the defendant printed and published of and concerning the plaintiff in his capacity aforesaid the following : KIXEMACOLOW AND THE THEATRE. »r " - T -' t ~ ■»*-"is£«r?9 DISPUTED TERMS." "A member of the Kinemacolor Company gives below 'cTie company's version of the above incident. . . .It will be seen that Mr Saunders himself broke off the negotiations for the Theatre Royal on August 24. ... On July 16, Mr Staveley, manager for Kinemacolor, wrote offering to rent the theatre for two nights, or tailing a straight-out rental, to play on a sharing basis, Mr Saunders to receive 33 1-3 per cent, of the gross taking and provide the usual 'locals.' To this Mr Saunders replied on July 21: 'The terms you offer, viz., 33 1-3 petcent., we do not consider equitable. but would show your attraction on an equal 50 per cent, basis.' Mr Staveley wrote again on July 24 offering 40 per cent, as Mr Saunders' share, a re ply as follows (by telegram dated July 29) being received: 'One night fifty only possible terms here.' . . . Mr Staveley wrote on August 19 agreeing to the exorbitant demand of 50 per cen t Then the following letter from Mr Saunders, dated August 24, came to hand: 'T thank you for your offer contained in letter of 19th re Kinemacolor programme, but regret that we cannot see our way clear to show films here.' .... From the foregoing it will be seen that Mr Saunders has run his head, against a brick wall in his explanation of his treatment of 'a scrap of paper.' "

ALTERNATIVE CAUSE OF ACTION

As an alternative cause oi : action the plaintiff repeated his statement.. of tiie publication in the Taraaaki Herald of the portions set out m the tirst and second causes of tile action, stating that the defendant meant thereby:— (a) That the plaintiff had entered into an agreement with the said Mi Staveley or with the proprietor or manager of the Kinemacolor Company to let the .said theatre on certain 'terms and thereafter refused to perform such agreement and had deliberately and dishonorably ignored and broken the said agreement, and had treated the same in the manner as Germany had ignored, broken and trated its treaty or agreement in regard to Belgium. (b) That the plaintiff after entering into an agreement with the owner of the "White Slave Traffic" film had demanded better and more favorable terms than those agreed upon and had refused to perforin and carry out his agreement unless and until such better and more favorable terms were given to him, and that the plaintiff had acted unfairly and dishonorably. The plaintiff claimed that the j aid publication was false and malicious., and claimed £IOOO damages. ( 0) The defendant meant thereby that the plaintiff had entered into an agreement with the said Mr Staveley. or with the proprietor or manager oi the Kinemacolor Company, to let bun have the said theatre on certain terms, and has therefore refused to perform such agreement, and lr 0 deliberately and dishonorably ignored and broken the said agreement, and had treated the same in the same manner a s Germany had ignored. broken and treated its treaty or agreement in regard to Belgium. (7) The said publication was false and malicious. On these grounds the plaintiff claimed from the defendant the sum of £.IOO damages. SECOND CAUSE OF ACTION. In the course of the second cause of action the plaintiff said that in the issue of October 2. 1915, of the Tnranaki Herald was published the following:— "Mr Saunders says the highest 'cut' ever given a travelling picture show is -1(1 per cent. How > s it. then, that he agreed to give the owner of the 'White Slave Traffic' film 60 per cent., and then when the agent aniived in town held him (the agent) up 'till he (Saunders) was allowed 50 per rent, for his share? ..." I The plaintiff states that the clefcud-

int meant thereby that the plaintiff, ifter entering into an agreement with the owner oi' the "White Slave Traffic" film had demanded better and more favorable terms than those igreed upon, and had refused to perform and carry out his agreement unless and until such better -v.nl mote favorable terms were given to Irra, nnl that the plaintiff had acted unfairly and dishonorably. The plaintiff contended that the said publication was false r,d malicious, and he claimed £SOO lanugos. His Honor Mr Justice Hoslving prodded. Mr M. Myers, of Wellington, and Mr J. C. Nicholson appeared for the plaintiff, and Mr C. P. Skerrett. K.C., of Wellington, and Mr H, R. Billing represented the defendant. The following jury was empanelled: Messrs E. Gerrard. W. Mcfmlo? Y.. H. Hay, A. S. Hasell, F. H. Jellyman. F. R. Price, E. Hellier, F. W. Danks, .1. Telfar, G. E. Boo'--. K. Julian and C. E. Roland. .Mr Ha-ell was chosen foreman. My Myers opened the cast? fcr the plaintiff, and evidence way jt"v(?n ry Thomas C. List (proprietor of the Daily News), James ClarVe 'land agent). G» H. Saunders (plaintiff). At 5 p.m. the Court adjourned until 10 a.m. this morning,