CLAIM FOR DAMAGES. PARLIAMENTARY CANDIDATE'S LIBEL ACTION.

Evening Post, Volume LXX, Issue 147, 19 December 1905, Page 7

CLAIM FOR DAMAGES. PARLIAMENTARY CANDIDATE'S LIBEL ACTION.

[DT TELEGRAPH — PBBSS ASSOCIATION ] AUCKLAND, 18th December. Mr. Justice Edwards and a jury ol' twelve were occupied in the Supreme Court to-day with the libel action bi ought by Theophilus Wake, who waa an Independent candidate for Parliament,, part proprietor of the Mo-ngonui County Times, published at Mangonui, against. Francis Mackenzie, pioprietor of tho Northern Luminary newspaper, published at Kawakawa. Plaintiff claimed £1000. Mr. Blair was for plaintiff, and Mr. J. C. Martin for defendant. The libel was alleged to exist in tha publication in the Luminary on Bth July last of words relating to the plaintiff which it was alleged were intended to mean that plaintiff had been guilty of crime, and fled from justice ; that he had deserted his wife, and been guilty of shameful, dishonourable, and dishonest conduct, and was unfit socially and morally to sit in Parliament. The defence was denial of false and malicious publication of matter having jeference to plaintiff, or of anything intended to mean 6iat plaintiff had been guilty of fleeing from justice, or of wife desertion, or shameful, dishonourablo conduct, or of social or moral iinfitness to tit in Parliament. It was also denied that the publication prejudiced the plaintiff's electoral prospects or brought him into public scandal, odium, and contempt. If, however, it were found that defendant did print and publish words bearing the meaning alleged, then in mitigation; of damages it was alleged that Hansard Teported as a speech of Mr. R. M'Kenzk (M.H.R. for Motueka), of 15th Septem. ber, 1898, allegations affecting plaintiff, which defendant believed to be true, and to justify the publication complained of. The defence further alleged that after leaving the police force plaintiff became; a clerk in the Government Life Assurance Office at Timaru, and was a prominent temperance worker, and that while them he seduced a young girl; that he left the colony, and on his return left his wife, and resided at Kavhia and Raoraa with a native woman, and that if plaintiffs- reputation and credit- had suffered damage by anything defendant had published, it would be fully recompensed by the sum of 20s. The defendant accordingly brought the sum of 20s into Court. Theophilus Wake gave evidence that the words complained of were regarded in the district as applying to him, and seriously affected his prospect of election as member of Parliament for the district. It was untrue that he was dismissed from the police force, but, on the contrary, he voluntarily resigned, arid wae given a "very good" discharge paper. It was untrue that ho was lamiliar at Kawhia with a. native woman. Defendant gave evidence, saying that prior to publication of the alleged libellous matters he did not know plaintiff, and, therefore, could not have published the articles maliciously. His reason for publishing them was that he thought that, in the interest of the electors, they should know who the man was. Evidence was given by the Revs. Gil« lies and Beecroft with reference to th« Timaru incident, and by a number of Maoris in regard to plaintiffs relations with a Maori girl. The jury returned a verdict for £1 damages. The question of costs was reserved.