MIRBACH V. WAIPAWA MAIL.

Daily Telegraph (Napier), Issue 6267, 1 October 1891, Page 2

MIRBACH V. WAIPAWA MAIL.

CLAIM—£IOOO DAMAGES.

(Before His Honor Sir James Prendergast, Chief Justice).

After we went to press yesterday Dr Mirbach's cross-examination was continued by Mr Cotterill. He considered that the, article published in the Mail on the 21st March could not refer to Dr Caro, who had. Engliah diplomas. Dr Caro was a German,, but he did not reside in Waipawa. About the time of the libel there was a self-styled "Dr Fritz" in Napier, who lectured on> phrenology, &c, and about whom articles appeared in the Herald condemning him r but did not remember having read thero through. On the 17th March there appeared a local in the Mail referring to the* fact that Dr Fritz was at loggerheads with the Herald, and had got the worst of it. The libel now complained of appeared four days afterwards, but did not alter hisopinion about it applying to him. Had! heard of a Dr McLood, who once practised in Napier, but who was arrested on a> charge of bigamy, and was also charged with attempted rape in Australia. He had had McLeod's name struck off the roll of medical practitioners himself. He also remembered the case of Dr. Russell, of Christchurch, some years ago ; he waa convicted of malpractice. Supposing the Mail article to be aimed at such oases as those named, he did not see any harm in it except that it did not name the persons alluded to. There was no doubt in bis mind that he was the person referred to in the article of the 21st March. His sole object in bringing thia action was more to vindicate his character than to secure damages. Frank O'Brien Loughnan, barrister and. solicitor, gave evidence to reading t_te article complained of twice, and it was not until after he had perused it the second, timethat he.thought it referred to Dr. Mirbach,

The witness was cross-examined by Mr Cotterill, and with regard to the Fritz incident and the others mentioned in Dr. yon Mitbach's examination, he said he die? not think the article aimed at them. The Court then adjourned.