SUIT FOR DAMAGES.

Press, Volume LXII, Issue 18871, 10 December 1926, Page 18

SUIT FOR DAMAGES.

MR HOWARD ELLIOTT WITHDRAWS CLAIM.

[THE PBESS Special Service.]

WELLINGTON, December 9.

Objecting to certain statements made in au open letter, which appeared in the "New Zealand Critic" of November 9th, the itev. Howard Ellott, Dominion secretary of the Protestant Political Aseociation, filed a claim in the Magistrate's Court to recover £2OO damages from the New Zealand Critic Newspaper Proprietary Ltd., whose paper is printed and published by George W. Slade, Ltd., and edited by Maurice Goldsbrough, journalist, of Wellington. The statements objected to, which concerned the plaintiff, were: —(a) ". . . . your hip-pocket in which it is believed you carry an automatic revolver"; (b) "No man is allowed to take the law into his own hands, and no man is justified in carrying an automatic pistol on his person. It's against the law"; and (c) "We ask in turn, sir,. what sectarian influence, if any, is brought to bear, enabling you to carry a pistol, which we refuse to believe."

When the case was called in the Magistrate's Court to-day, Mr H. D. Hoggard, who appeared for the defendants, said that his clients had made application to have the matter dealt with in the Supreme Court, so that the truth or otherwise of the allegations regarding the carrying of the revolver could be ascertained, and in order that the plaintiff might be interrogated by counsel. The plaintiff, however, had filed a notice of discontinuance. He, therefore, asked for substantial costs, considerable trouble having been gone to in preparing the defence.

Mr R. H. Boys, for the plaintiff, opposed the application for substantial costs, but said that his client was prepared to pay a reasonable amount in view of the fact that he had had the action discontinued. Mr W. G. Riddell, S.M., allowed £3 3s costs. %

Actions for £IOO damages have now been filed against the paper, its publisher, and its editor, individually.