LIBEL ACTION

Evening Post, Volume CX, Issue 110, 5 November 1925, Page 8

LIBEL ACTION

£5000 DAMAGES CLAIMED

STATEMENT'OF CLAIM.

- (BI TELEOIUPH.—HtESS ASSOCIATION.) •■•■• AUCKLAND, This Day. An action for alleged libel, with damages assesed at £5000, commenced iii the Supreme. Court, beforo Mr. Justice Herdmau and a , jury of twelve. .:,■•■••

John Ignatius Fox, pro-organiser of the New Zealand Dairy Farmers' Union, is the plaintiff, and William, tioodf ellow, managing director of the New Zealand . Co-operative Dairy Company, is the defendant. The statement of claim alleges that on 2nd Judy, 1925, at Hamilton, .defendant falsely and maliciously spoke and published to J. 0. Wynyard, of To Awamutu, a farmer agent of the plaintiff,, the folding words: "If Fo.x had his rights he would have been shot twice as a spy." On 14th July, 1925, it was' alleged, defendant maliciously published the. following: "Fox was twice reported as a spy." Further allegations were that defendant had stated: "William Banstead -reported Fox to the authorities as a probable spy. A very clumsy policeman was put on to shadow Fox. who suddenly became very, careful, and did not give himself away. William E, next met Fox at Gallipoli, where Fo^ was engajed as .a cook: at headquarters. This was a position where he could get a lot of useful information. Wiliiam R reported him again, with the result'that he was shipped back to New Zealand.. The defence is .privilege.

. Mr. Seymour, for plaintiff, had barely '.commenced his opening when Sir John Findlay asked, for an adjournment as there Was a chance of a settlement. This was agreed to, but no settlement vra». reached.

The case was resumed.