SMITH’S LIBEL CLAIM

Hawera Star, Volume LII, 12 October 1932, Page 5

SMITH’S LIBEL CLAIM

BACKER GIVES EVIDENCE, “YELLOW STREAK’ ’ DENIED. (United Press Association —By Electric TelegrapU Copyright.) SYDNEY, Oct. 11. The hearing was continued to-day of the case of Norman (“Wizard”) Smith against “Smith’s Weekly” claiming £20,000 damages for alleged libel in an article published on May 21, in which plaintiff contends he was publicly denounced as a coward in connection with his motor tJpeed trials on Ninety Mile Beach, New Zealand. The defence pleads not guilty, and further contends that the article) was “truth and for the public benefit.” F. H. Stewart, a member of the Federal Parliament, gave evidence that he was indirectly associated with the New Zealand speed tests owing to his being a bondsman for the safety of tile British Schneider Trophy aeroplane,engine used m Smith’s car. He iiad lodged bonds 'valued at £2BOO with the Federal Treasury. He also backed Smith to the extent of £SOO. Flo looked upon the New Zealand attempts on the speed record as a matter of national importance and had every confidence in Smith’s ability to achieve that purpose. He saw no justification for the newspaper attack or the suggestion that there was a yellow streak in connection with Smith’s conduct in New Zealand. Cross-examined:, Stewart admitted Smith’s reputation had in no way suffered by the “Smith’s Weekly” attack After reading the article about Smith he formed the conclusion that the latter had tinkered with the engine while in New Zealand and interfered with its efficiency. Witness was greatly surprised when he read these things, having regard to Smith’s past honourable career, Norman Smith, the plaintiff, recalled, continued his evidence. He said that when he reached Sydney a person whom he now recognised as Ted Paterson, whom he had seen about four times at the “Smith’s Weekly” office, mot him on the wharf, said “Good morning” and gave linn a small yellow flag, the significance of which he did not know at-the time. He had since discovered it was intended as a gross insult. Paterson made no other comment but simply walked away. The hearing was adjourned.