A LIBEL ACTION.

Taranaki Daily News, 9 December 1920, Page 5

A LIBEL ACTION.

NO EVIDENCE OF MALICE. THE JURY DISMISSED. By Telegraph.—rress Association. Wellington, Dec. 8. A libel action was commenced before Mr. Justice Stringer and a jury to-day by Arthur Leigh Hunt, of Wellington, general manager of the New Zealand Farmers' Co-operative Distributing Company, against H. Beresford Maunsell, sheep farmer, of Tenui, Wairarapa, a claim for £ISOO damages for alleged false and malicious statements by defendant against plaintiff in his office as general manager of the company in connection with the election of directors in 1919. The statement of claim set out that defendant, a candidate with Mr. Moss for election to the directorate, convened a meeting of shareholders in Masterton on January 7, 1920. At this he spoke and published the following words about plaintiff: "Mr. Leigh Hunt asked me to leave the sending of the joint circular by myself and Mr. Moss in Mr. Hunt's hands, and I found that the circulars had not been sent out until a few day* before the election, and after Sir James' circular had gathered up all the proxies." It was submitted that by this defendant bad behaved with grave impropriety, iv Wellington, Last Night. Counsel for the defence asked for a non-suit on the ground that there was no evidence of malice. His Honor said that the allegedly defamatory statement had been made on occasions admittedly privileged. In that case the onus* lay upon plaintiff to prove that the privilege was abused, and that there was expressed malice. The question was whether or not there was evidence to justify the jury, were the matter left.in its hands, to find malice. "There must be substantial evidence," he added, " and I must confess I cannot see any such evidence." His Honor accordingly dismissed the jury, and entered a non-suit with costs.