LIBEL ACTION.

Auckland Star, Volume XLV, Issue 162, 9 July 1914, Page 6

LIBEL ACTION.

CO>T OF LIVING COMMISIoN. i.By Telegran'a.—Press Association.) CHRISTC'IITRCM Wednesday. A libel ni-tion. in which Andrpw Kairbairil claiinpd .UiillliP from thp "(Hairo Daily Time-." was heard in th.- Supremo i.'ourt. birfoiT Ml. -luetic? Sim to-day. sir .Mm Findlav. who appeared for the plaintitV. saij Kairbairn was a member of tdf (.'fKt of Living Commission. A leading article in the "Otupo Uailv Tinifv." headed -Faked Ofliiia! Documents." implied liiat the communion had distorted evidence. The mere faot tha.t tin- nflic-ial <-e;port diftVrpd from thf iicwripapcr reports wa- not s;ifliri"iit to lia.-i' a cliarjfr of rascality upon, lie contonded that tho article was actuated by inalitT. and that it was unprecedented in the aiina!~ of Xi'W Zealand journalieiu. lAndrmv l-'airbairu. the plaintil!'. said ;ie a.-~ke<l id join i he <-onimijV=ioii by \ the I'rimo Minister, the lion. T. Mac-| ken/ii'. In reply. lie >col i< lelcgrani. | which he luok In I.- a rp.fusal. The | terms of the mrsutusn were: ••('oti«i,|er | my |«T->oria.l eviilem-p nuire important. | iind ,-ni\i(MH In help Ciivernmpnt in every i "i." When he foiinil lie was ira/ette'd j H nieiiiher lie i-iin<iil(>r(>il it would lie i i-mvarillv tn have rcfiisnl to mi. No steps were taken to fje.t him on the itnnmission. :iiul Mignpstiiins in tliat dirpct.i<in were absolutely ful.-e. A< fur t h<! Ipudinji article about iif evi-il.Tii-f. tlwre mis not a. sciiiiilia of truth in it. The inipiitntion Ural the evidence had been made in lit the finding* of the commission wa< al-o untrue. When a Hiijrjpstiiin ;ilmut "jrrindiins; hit a\e" wn> pui to liere|>lie«l: | "I ;i.cepte<| a .-''at upon I hat cummis-ion for no <ii)irr purpose ihan Ui render piihlir service in the hes( (> f n)v alti'ity.'" Witnes- -Mid fin-.her that ho'bad never hud ii transaction wit.h the Hon. T. M:uken/.ie in hi- life. The relations Ixtwe, n the import company ami his tirni were on tlw same basis a= any otlirr of their cu-.ttuners. Asked n-hv iif had bee,, appntntoH to ih« commission, witnps* -oi.l In- could mv ffly. Up aus. however. kn"'«n to nif-rebPiv of Mi CflbinM. and with two ■it them. M'»r' l.nurfnsnu .md Buxton. h" had h:i I hv-in"-- iraDUiiinn'. "An ab-tdiite fnl.iiti." sii I winiPss. ;n reply in a hj Mi MiKirppor that til" Hut. T. Mackprizie had U'rtl witness mi starting his busine-?. He ha<l known Mr Mackenzie personally onl.i since iiioo. "Did you hear Rnwyer mention Rpekiif* bill"?" nskM Mr M.-firpjTor. -| iHii"i_s:i\."' -del witnesf. "I don't meedThe Court then adjourned.