A PALMERSTON LIBEL CASE.

Dominion, Volume 4, Issue 1221, 1 September 1911, Page 6

A PALMERSTON LIBEL CASE.

JUDGMENT FOR ,£275 DAMAGES. (By Telegraph.—Press Association.) Palmcrston, August 31. The Chief Justice was occupied to-day with an action in which; Ernest Denis iloben, editor and lessee of the "Jlanawatu Daily Times," claimed JCSOI damages against William Henry Smith and the "L'angitikoi Advocate" Publishing Company for libel. Tho statement ot claim alleged tliat 011 July 4 defendants had jirintccl and published in tho "Rangitikei Advocate" tho following words:—"An amusing story is current which relates that an egotistical newspaper - tyro (meaning thereby the plaintiff) interviewed the conductor of a great musical combination and caused liiin to laugh consumedly over his statement that he could sympathise with his troubles because he had once conducted a tour of a football team. Though this neophyte (meaning thereby the plaintiff) is always'attacking his contemporaries, they seldom take any notice c.f his infantile wails, but tho other day lie excelled even himself. A great show was held at which magnificent specimens of produce, etc., were exhibited, and tho next day he seriously assured his readers that the one topic of the day was a football match. Evidently his mental calibre could bo measured only with a micrometer." . •

It, was alleged that tho meaning of the said publication was that tho plaintiff was an ignorant beginner as a journalist, without experience in his business as a journalist, and was so deficient in mental capacity as to be uhfit to conduct such a business, or any other business. It was also alleged that tho plaintiff had suffered loss and damage to his reputation as a journalist by reason of such publication.

The defence pleaded that the "Rangitilcci Advocate' had no circulation outside the liangitikei district, that tho article was not defamatory, and did not apply to plaintiff, and also pleaded justification and fair comment.

Mr. C. A. Loughnan, with him Mr. R. D. Bagiiall, was for plaintiff, and Messrs. C. B. Morison, of Wellington, C. R. Cooke, and C. B. Collins, of Marton, for defendants.

During the action Mr. Morison (for defendants) abandoned the pleas of fair comment and justification, and said that it was absurd to think that his clients could have meant to seriously reflect upon Hoben's experience and ability ns a journalist, which were well known. He asked the jury to regard the matter as jocular. llr. Loughnan led witnesses to show that the libel wns part of a succession of attacks (tlirouuh the Courts and otherwise) by MY. Smith 011 Sir. Hoben, who had leased a paper belonging to Mr. Smith. The jury, after half an hour's retirement, returned a verdict for J;275 damages for plaintiff.