LIBEL ACTION.

Auckland Star, Volume XXXI, Issue 289, 5 December 1900, Page 2

LIBEL ACTION.

M. A. FERM AND THE AUSTRIAN BOAED ING-HOUSE KEEPERS.

At the Police Court to-day; before ill-. T. Hutchison, S.M., Matthew Andrew Forri was charged with having maliciously libelled Nicholas Green, Austrian boarding-house keeper. Mr. Mahony appeared for the prosecution, and Mr. Lundon for the defendant,

The alleged libel was contained in the following letter sent by defendant to the Inspector of Police on August 20th: "Two Austrians, named Peter Pavich and Duraj Mateljan, came in my office this afternoon at 2.30 p.m., and reported to me that Austrian boarding-house keepers in Auckland have held private meetings (on the rules of Anarchists), with a view of making- plot to kill me. This vengeance and bad feelings was aroused amongst Austrians in reference as to the my true statements that recently have appeared and published in the local press. Furthermore, as the report goes, they also contemplate oi killing any Government member who supports me in my action and views. Of course I am in the communication with the Premier for some time past, and have informed him of these private meetings. Kindly instruct the plain-clothes constables and the detectives to watch the movements of the Austrians, for I do anticipate that serious disturbance will arise amongst them at a. no distant date."

The informant alleg-ed that he, being one of the Austrian boardinghouse keepers, was vilified and libelled in the above letter.

Mr. Mahony said that the defendant appeared to be unpopular among1 the Austrian boarding-house keepers, but evidence would be called to show that his statements and suggestions were unfounded. The. only meeting1 of Austrians that had been held for a considerable while was one called for the purpose of establishing a fund to provide for the'payment of hospital expenses of Austrians in ease of sickness, so that they should not be a charge upon the country. Counsel proceeded to deal frith the law of libel on a class, and submitted that any member of that class had a right to prosecute for libel.

Inspector Cullen produced the letter referred to in the information, and signed M. A. Ferri. Defendant admitted to him subsequently that he was the writer of the letter. Witness instructed the chief detective to make immediate enquiries into the matter. Witness treated the communication as a serious matter, and sent for the defendant. He asked defendant what boarding-house keepers were referred to, and defendant named i^icholas Green, Yillich, Franich, Kinkella and others whose.names witness did not remember. Defendant, on being 1 closely questioned, admitted that he knew nothing at all about the movements of the men referred to, although he reiterated the statements made in his letter. Witness asked if he.knew the names of those who attended the Anarchist meetings, and defendant said he knew them all; but Avhen called upon to give the names, defendant said he did not know them. He also said he would not be able to point them out to the detectives, and, in fact, he could give no information. Chief Detective Grace, Detective Maddern and Acting-Detective Kennedy were engaged enquiring into the matter for some three or four days.

To Mr. Lnndon: The.result of the interview with defendant indicated to witness that the latter's statements were false. Witness did not know that one of the boarding-house keepers had a personal animosity to T wards defendant, beca\ise of the latter's efforts to prevent Anstrians being "dumped down" in Aucklandi Witness warned defendant against carrying a revolver, saying he did not think there was any danger. He would not say Ferri was of a nervous disposition.

Chief Detective Grace said that Ferri's statement, had been taken seriously by the police, as there Avere a large number of Austrian?, in Auckland, nc< less than five boarding houses being full of Austrians. Investigation by the detectives, however, satisfied witness that there was no truth in defendant's allegations against the boarding* house keepers.

(Proceeding.)