ACTION FOR LIBEL.

Hawera Star, Volume XLV, 7 January 1926, Page 3

ACTION FOR LIBEL.

SEQUEL TO JAVA MURDER. PLAINTIFF ACCEPTS APOLOGIES. There was a. sequel in No. J Court, Sydney, to the murder ot Airs. Campbell Macfie, in the form ol an action arising out of the publication of news connected with the death ol the deceased in Java in September hnw The plaintiff was Bernard William Kirton, a coal merchant, and the defendant's were S. Bennett, Ltd., proprietors of the Evening Nevus, Sydney. The claim was for £S(MX) compensation for alleged libel. . . , .It was stat<*<l on behali »>i plaintili Unit lie bad been a fellow-passenger with the late Mrs. Macfie from Singapore to Sourabaya, and became acquainted with her only lo the extent that a young man would with an elderly lady of bis own country on a voyage of a lew hours.

'They met again, when the steamer arrived at Sourabaya, in the diningroom of the hotel at which they had been staying. Soon after Air. Kirtjpn left for the mountains for a few day.s' holiday. Airs. Macfie also went inland, and stayed at a place some five miles from where Mr. Kirton was. I lie plaintiff, on receiving the news of the murder, l'elt that, although his acquaintance with the deceased was only slight, it was his duty to see that the body was treated with proper reverence and decently interred, as he was ignorant of local customs. He accordingly visited the place, and as he was the only person who knew anything of tlie deceased, lie was asked by the police to remain in Java to give tlie in whatever information and assistance he was able to in the inquiries that followed.

Agreeing to do this, Air. Kirton cancelled bis immediate arrangements. At the inquest lie assisted and, as lie had afterward** been informed that statements connecting him with the crime had been published in the local and Australian papers, lie obtained a statement from the acting-A ttorncyGencral of the Chinny, expressing the help he had given (lie authorities, and explaining the leason.s why lie had mnsenled to remain.

Subsequently to tin- uagedy, ami dining the. plaintifT.s stiw in Java, tin Evening News published statement*to tlie elfeet that plaintili' had been arrested for the murder, and that, on being searched, blood-stained handkerchiefs were found on linn, which. he explained were caused by bleeding from the nose. 'This, plaintili' .said, was untrue.

In tin's way counsel for Air. Kirton outlined the ca.sc to the jury. He pointed out that the reports ni the circumstances constituted a very serious libel, for which the plaintiff might claim heavy damages’. He. however, had no wish to press for even, a penny compensation. The libels had neve; been contradicted, and plaintiff had come to court to have his character and reputation idea red. Counsel for Lite defendants made a statement on their behalf, in which sincere regret was expressed lor the publication of the libels, and apologies wen offered to the plaintili'. The office admin i>-t rat ion. it was stated, publishe' the reports in good faith, and the misstatements were the limit ol their cor respondents. 'The defen hints’ up ’dairies were no (•opt-ed. I lie jti rv was withdrawn, and (he action settled upon terms, agree, to bv counsel, but not db 10-ed.