ALLEGED LIBEL

Evening Post, Volume CVIII, Issue 130, 28 November 1924, Page 8

ALLEGED LIBEL

HOWARD ELLIOTT CASE

QUESTION OF EVIDENCE IN REBUTTAL.

The action brought by the Rev. Howard Elliott against the "New Zealand Worker" Publishing and Printing Company, and against John Glover, the publisher, adjourned from Tuesday last to enable the Magistrate, Mr. E. Page, S.M., to decide whether a prima facie case for the defence had been established necessitating evidence, in ■ rebuttal, was resumed this afternoon, when the Magistrate gave his decision. /ke■Plaintiff, Howard Elliott, claimed ±,100 damages for alleged defamation ot character contained in a report of a speech by Mr. H. E. Holland. M.P., published in the "New Zealand' Work-

.■';•« G' w atson appeared for the plaintiff and Mr. M. Myers, K.C., for the defendant company and Mr. H. F. u-^'V 01' ?he defendant Glover. „ ms. "'orship in giving judgment on the point as to whether the, facts proved by the defendants by way of justification of the alleged libel required an answer by the plaintiff. "I do not think said his Worship, "that the U>urt, should express an opinion on the matter at the present stage of the proceedings. So far as I am aware it is not the practice to do so, and the few authorities that I have been able to find are against the plaintiff. I think plaintilf s counsel must decide what course ho proposes to follow. When all the evidence has been called and counsel have been heard, I will come to a decision on the whole case."

HisWorslup asked Mr. Watson if he liked time to consider whether he should close his case or call evidence. _ Mr. Watson suggested a further hearing at a later stage. The case was accordingly adjourned until Wednesday morning.