ONE FARTHING DAMAGES.

Dominion, Volume 5, Issue 1460, 7 June 1912, Page 5

ONE FARTHING DAMAGES.

STAGPOOLTI V. "MANAWATU STANDARD." (By Telegraph.-Press Association.) Palmerston, June 6. The action of Stagpoole v. Nash and Coombf, of the "Jlanawatu Standard," for. .fiIOOO damages for alleged libel in the publication of a statement of defence in plaintiff's case against Pirani and Co., in which, the latter claimed justification, was heard before Mr. Justice Chapman and a jury of twelve to-day. Mr. C. A. Loughnan appeared for plaintiff, and Sir John Findlay and Mr. Innes for defendant. Tho evidence of Mr. Hewlett, deputy registrar of the Supreme Court, was to the effect that defendant's chief reporter had asked him for a statement of defence for publication, and he had refused it, and showed hi hi Mr. Justice Williams's judgment in a Dunedin case, that Hon would be contempt of Court. The registrar (Mr. Thomson, S.M.) had also warned the reporter and approved of the refusal of permission to copy the referring him to the solicitors for plaintiff. These were telephoned to, and they refused, but a statement of defence was subsequently published with a statement of claim containing the alleged libel written in to make it clear. Sir John Tindlay took the point that pleadings were proceedings within the privilege of the 1910 Act. and contended that it was the custom of papers to publish indications of them. He held that plaintiff could have asked his Honour to deal with "The Standard" for contempt, but not to seek damages for libel as they were seeking damages against the Ertipnetcrs of the Fielding "Star" in that Court. ( His Honour held that, reference to proceedings in the 1910 Libel Act did not Afford privilege to publication of pleadlnt's. which only became privileged when published as part of a renort of an actual action in couri. He held, therefore, that defendants were not covered bv privilege. The jurv, after three-quarters of an fiours retirement, returned a verdict of libel against defendants, but allowed one fnrrhimr damages. His, Honour said that he would follow rnp ii.sual custom in such cases of not al* iOWWg CCiVt.s.