SMITH LIBEL SUIT.

Auckland Star, Volume LXIII, Issue 253, 25 October 1932, Page 7

SMITH LIBEL SUIT.

N.Z. Evidence on State of Beach And Driver. HEARING ADJOURNED. SYDNEY, October 24. The hearing was continued to-day of the action in which Mr. Norman Smith is claiming from "Smith's Weekly" £20,000 damages for alleged libel in an article published on May 21. Plaintiff contends that he was publicly denounced in this article as a coward in connection with his motor speed trials on the Ninety-Mile Beach, New Zealand. Evidence taken on commission in New Zealand from Percy Thode, hotelkeeper, Waipapakauri, was read. Thode said lie had observed Smith closely and could not understand how he came to get the name of "speed king." He appeared to be an arrant coward. Other New Zealand evidence was read. Keith Stewart, solicitor, Kaitaia, stated that there were days when the Ninety-Mile Beach was in excellent condition". He had a brief conversation with Smith one splendid day and remarked: "I suppose you are going to make an attempt on the record to-day. The beach is good and the wind seems right." Smith produced his handkerchief and appeared nervous. Then he answered: "I don't know how the wind will be on the beach." Witness added: "I did not think Smith was a trier, as in the 10-mile run he only beat a woman's record." \ Constable Mark Thornell,' who helped Smith into his overalls, observed that Smith was agitated and he gave the impression of going to do something against his will. Indeed, his condition was such that witness, who was doing traffic control duty on the beach, contemplated debarring him from making the attempt on_ the record.

James Taaffe, garage proprietor, Kaitaia, who supplied the fire extinguisher for Smith's car, declared that the beach was fit for racing on several occasions between February and May.