Hutchison v. Ballance.

Manawatu Herald, 9 April 1892, Page 2

Hutchison v. Ballance.

Fob party purposes, and to strike an opponent, the Premier when speaking at Patea in December said "Mr Hutchison had told them that the Payment of Members Bill was {a dishonest measure", "but he* forgot to tell them that he had signed a paper in the lobby of the House to the effect that he was in favour of the Bill." Mr Hutchison naturally objeoteJ to «uch a statement and requested Mr Ballance to apologise, which he declined to do. To clear his character Mr Hutchison brought an action against the Hon J. Ballance and Mr J. J. Boyle, manager of the Wanganui Herald, for libel. The Chief Justice decided that since Mr Ballance was not taking part in the management or the direction of the publication of the paper, he could not be held liable for any part of the publication. The objection made on Mr Ballance's behalf must prevail, and there was, therefore, no case to |go to the jury. The plaintiff therefore was nonsuited. In the case against Mr Boyle, the manager of the paper in which Mr Ballance holds a very large interest, the jury gave Mr Hutchison the full amount of the verdict claimed and the judgment carried costs. The jury were asked whether the words relied upon were defamatory ? to which they replied " Yes." Was part of the speech by Mr Ballance in which the alleged libel was contained, a reasonable defence of his character against the attack upon it by the plaintiff in his speech at Patea ? to which they answered " No." Was the publication by defendant Beyle for the public benefit ? which was also answered in the negative. Mr , Hutchison did not go for vindictive damages, but only sufficient to cover costs. Mr Hutchison has applied for a new trial as against the Hon J. Ballance.