"WIZARD" SMITH.

Auckland Star, Volume LXIII, Issue 276, 21 November 1932, Page 8

"WIZARD" SMITH.

JURY'S £1000. AWARD.

STATE OF THE BEACH. COMMENTS BY JUDGE. (From Our Own Correspondent.) SYDNEY, November 17. No doubt a great number of pqople in New Zealand have been keenly interested in the suit brought by "Wizard" Smith against "Smith's Weekly" for defamatory libel. On the whole the verdict against the newspaper can hardly have surprised the general public.-There can hardly be any doubt , that the published account of "Wizard" Smith's reception on his return to Sydney, the presentation of the now famous "yellow flag" and the comments made by the newspaper , upon the incident were seriously damaging to the personal character atrd professional reputation of the plaintiff. Moreover the implication of deliberate fraud, as well as cowardice, which was but thinly disguised in the obnoxious article, was brought out with painful destruction by counsel for the defence iii his cross-examination.

The plea put forward by the paper was substantiality "truth aiul public benefit." But Mr. Holman, in his final speech for the plaintiff, evidently made a considerable impression on the presiding judge as well as the jury. Mr. Holman argued with great force that it was ridiculous for the defence to pretend to treat "Wizard" Smith as a man whose reputation was not firmly established. Smith had been "auto king of the roads" over here for many years, and did not come into Court "to defend "a reputation already made." The nickname by which he is generally known is sufficient guarantee of that, and he had won it "by steady, continuous effort, by disregard of danger and display of skill for 20 years." After he had broken the 10 miles record, Smith's attitude, Mr. Holman contended, was a sufficient reply to the charges. He had already done part

of what he had set out. to do, and had received the congratulations ' of many competent judges, who spoke in ,the highest terms of his capacity as a driver. But in spite of the unsatisfactory • state of the beach, he remained there for fully a month after the recognised season wa6 over, waiting and hoping for better conditions. He made elaborate, preparations for a further ' trial, and Mr. Hojman pointed qjit that there could b© -..rfo motive behind the fitting of: the new windscreen if Smith had decided-to pre-tend-that an accident had taken place. "Th.e road to decent retirement was .open to him when he established one world's record." « • •• > •

"Theoretical" Evidence. •As regards the condition of .the beach,' and - Smith's .behaviour there, the testimony was, of course, conflicting. Of the 43 witnesses called, by the plaintiff, several who were examined on commission in New Zealand agreed entirely with him that the conditions made any further trials at high speed extremely dangerous. Mr. Justice Street very judiciously pointed out that none of the experts whose evidence had been given against the plaintiff had ever travelled more than 100 miles per hour, and that therefore their views as to "the conditions which would develop on a sandy beach in racing at 200 miles an hour" could have only a theoretical value. The judge said-emphatically that . "Smith alone had actually driven a car at that speed, and had actual knowledge of the conditions that would arise"; and no doubt this comment carried due weight with the jury.

As to the charge of cowardice, and the suggestion that Smith had deliberately tampered with the. engine—then, as Mr. Holman reminded the Court, the. property of the British Government—so as to save himself from the risk of a further attempt, the evidence for the defence on these points was largely discounted by the personal animus of some of the witnesses, and the personal grudge against Smith evidently cherished by at least two of the experts concerned.

After all this it was not surprising that "Wizard" Smith got his verdict. But he secured victory only by a majority vote of the jury, and they awarded him only £1000 of the. £20,000

claimed. Perhaps the fact that South lias already issued a writ against .™ Adelaide branch of the "Smith's Weekl) company for £5000 on the same gW® may have had something to. do wijp tne jury's decision. However it is .undtey*» that ■ the case is to go to appeal, an therefore "the end is not yet." A

Another Attempt, y Meantime "Wizard" Smith, wM assistance .of friends -whose-confid® in him is unshaken, has purchased engine of his car—a Schneider UP Napier—and ho proposes first to exam the possibility of running George, the "dry bed" near Bap" ' j and failing this, to make a furthw on the Jfmety-Mile Beach tin M. » ' land. He "has set his heart on ,breaKi», the world's record for.a mile^ and fails on this side of the world, e think-seriously of taking his mac America and "trying it out on , tona Beacn, where some drivers _• already created world records—ana others have tragically failed.