A LIBEL ACTION.

Taranaki Daily News, Volume LVII, Issue 43, 11 July 1914, Page 6

A LIBEL ACTION.

FAIRBAHtN v. OTAGO DAILY TIMES. THE EDITOR IX THE COX. By Telegraph—l'rcss Association. Cliristeliureli, July 9. James Hutchison, editor of the Otago Dail.v Times, said that he had written tiie. leading article complained of. lie had seen Godfrey's letters in the Cliristclmrch paper:,, directing attention to the discrepancy between reports published in the Christchtireh papers, and tbe report in the official report of the. Commission, lie had verified the. statenieiit by reference to the official report, and he accepted Godfrey's quotations from the Christehurcli papers of June as being accurate. He waited a few days to see if any explanation came about the discrepancies, and as no explanation arrived he assumed there was none to oll'er. || ( . had since ccrtitied the extracts from the OhristcUur-h papers. "Had von iiuv further knowledge';" added Mr Macgivgor. Mr Macgivgor referred to a letter from the Otago Daily Times which it [was said that Mr Fiiirbairn was not in the mind of the writer at the time the article was writieii. Sir John Fiudlay objected, and His Honor said that What had been in Mr Hutchison's mind did. not matter. "Do vou know Fairbairn':" asked Mr Macgivgor. "No, I never met him before," replied the witness. "It has been .suggested that this article was inspired by malice,' said Mr Macgivgor. "\\jiat do you s&s ?" • "That is absurd," replied the witness. 'T think your pap: r had commented on f'nirlminfs being ennointed (previously and expressed the view that he should not have been ;»(.; centcd;"--"That is so." So questions ah. .'.. letters against Kairbairn. witne ■, s d the columns of the paper were cqic.'-y open to letters in favor of Fairbaiin. If any were received they would I. ■ re been' published. Before Cordon's letter appeared, then lmil been letters from others in Dunedin. before publishing ' .Merchant's" letter, which made suggest,., is about the Hon. T. Mackenzie, ilie had communicated with the writer ui .v it he was sure of his facts, and vv.i sufficiently re-as-sured to publish tic Setter. To Sir John Find..-., the witness said that all letter- :■■■•■. 'nice been seen by llim before beii. •, f , ' lished. "So thai bv 0' '■■ ■ ', when you wrote your article, your . ' I would have impressed with l-':(.'(''( ' 's rascality';" asked Sir John Kir,;;./. • The witnes, snuke. To further i ( e- .'.'■■ -.. le said that ''o had jirevioiis!,- :;': 'airbairn editorial attention. "Siia'e • ' II vou the occasion V be volum .-.■•!. "No. I'm sati-i. ;." -aid Sir John. The witness .•.•,■.'■.• that the discrepances upon wlic■.. based bis article were that in tic :.'■' ial report by the reference by I'-.. to ' i's I'.liie did not appear, ;<- ■'■ t•' .!;-,- ])leillellt:irv re; : . . "Did yo'u me" '. dr> ■ if this ii.is die to a - '' .nd writer".- error, or to deliberate -., ■ ssion by the commissioners':" a-!... ■-'.- John. 'Witness: Th< , -tion of deliberate suppression bv ... •. , 'mission was ;iot in my mind at a!'. Sir John: Tie ; t.-ke it vou suggest that the Comm:-' - ■ .have lieeu guiltv of delibera! ion; Witness:' No, avc I ever stig-gv-ted it. "Are you pr. ;■■';-, accept the ski l"ment tliat linn. '< evidence was hon-o-tly treated by' •■( . and by the Commissioners?" -"V- , .- .sollltely." "Are van prep-' ; , accept the statement tliat the . . e signed by Jamiosou was trciiii-: . ■ 'stly by the Co'nmissioners at le- ;■■.' 'ence':"—"Ve-'is." "Then do von ....! . ': that there is no charge against i: - ionor. or the integrity of lb. .' ii;im!ssion'!"--"No charge against their junior or integrity w»i ever inteic 'Do vou think -c ■' c scheme would be justified :"~"No.'" "Now," said Se' ■',. i. "I inn going to ask yon whet'.". ,■: editor who has made the ailmi--: • • oil have made is entitled t.i writ- :'■■ . e'lblisli this article, headed "Kaked •( ■=?!■•" ■ I Documents':" Asked to say ir 'faked documents" was not di.screer i, . the witness said it was if it was ... :, adable and trustworth v. "U'hat did \c, ■ i .an by the word •faked' in this ;,■ .'lion':" asked Sir John. "The article." : ■ ",ed the witness, "was a genera!!.-,..' : -.used upon specil!c '•tl'.telllellts c, :■•..'•., d in Coillrev's leUcr." "iJo yon believe," : .'landed Sir John, "that 'the Come.,-.-:■. had faked anv official record:" "I believe." sec! ; ■ witness, "that ii was not lo be ivi- ' m. 1 believe that there was a di-.- . ... ■■■■•v." "Did vou belie,, i i'the olVieial do.'mneut 'had been ■'■ k 1 bv aiivbodv:'' demanded Sir -U !■:,. V.'ilncss: "It i- -, -,- dili'icuit c. answer "yes or ".:-. " t 'that. 'Sir John: "'Vo:' . the only one win) can answer." M'ituess: "The e . -t of the article. »'in to insist no,.- ! ... im.mrlance () ; ab.-.'jliiie iviiahi'.i;-; , all Stale doc,:lllCllts." you said those c',, . Sd vou belie',., fci'at any oli'ical ...... e.ent' i,a,l | ; ,.en inked':" \Vitncs<: •■) ere:.,.' - y that I believedjm ollicnil lb.'.!',.- '. Jiad been lakThe hearing will •. ...ntmiied to-mor-row. LSH) UA.MAUKS A". \!N"ST|; DL'XEDIX i'Ai-'ia'-. .Chr;-,| .■;:,(.. h. Yesterday. Ihirteen i.~, i:,- , .. v . -„|, mitt .„ (| ' t| , \] :0 J 1 ":'- In con:,-,"s address. Mr. M.-ivgor urge,! ih ;.-.■, ,;ai„tifl" wasaiiilhol iin-iropricl.., in go!. . o;l t ;, u ~.'„.,„,;. ;i.m and brouehl ;!: ii|„.| ()I1 l,\ mv ] ( >v Jeiaymg; ;ii' . Mp.i:.;ilion i n answer to letters in the ppe', Sir Joi.n Fiurikiy f; -, i the editor had admitted ho cmild no; ju-rtifv t1... e'aai'P's in the 1ea.1i,;,, : .,■.;,.!,,_ ,;„.[ ( ( .| rep-alod the clnu.j.-. in (.he case 'l'h.e (OllllucL of t!,e c:i,. showed that tiie motive was bittern,-., and lie h-sijid ',,'ns.t pl.iintnT w.t--. re'eJng the Vorllllllt"- Assockltio,,, i„e the uewsoa'n,,', lie added that the cdkeria! wn='the roMilt of party politics.

Mr. .liinlici! Sim. if .: inniinn up. «id i; was elear tint tfc- :-litm-im!, eh .:v..eil (he t'ommis-ii. hit, v.-il!< dishonest Mippivssinn, ami the ovl.l. nee sliov.-od {.hat thi? was not true. The inclusion of ■lamie-on'd .sr.pph-i.H-iary sUtomont would have Ucn ii.'ij.:-c,i)cr. Tli ( > prescnee of Faiil-iiin 0!1 the commission "Tin not impi-qier, c?eu though 1,,. had hi en atUu-kin.; the M'rehant's Association.