ALLEGED LIBEL.

Manawatu Standard, Volume XLIII, Issue 1706, 22 December 1919, Page 6

ALLEGED LIBEL.

THE CONTENTS OF A LETTER

CLAIM AGAINST NEWSPAPER. An action, in which twenty-two members of the stall" of the King George Hospital at Rotorua are claiming damages for alleged libel, was opened at the Hamilton sittings of the Supremo Court on Thursday before Mv Justice Cooper and a jury of twelve. The plaintiffs are Charles Doriznc (stall -sergeant-major), James CoVmick, Frederick Harold Rose, Henry George Atlkinson and Leslie Duncan Ayson (sta ff-.se rgeants), Thomas Langliam Coward, John Hughes, Robert Murray Falconer, Harry Howarth, William Jones Goldsmith, Ira Frederick Stenburg, Kdiuuncl John Walsh, George Robert Watts (sergeants), Colin Borthvvick Angove, Edward John Fox, Willie Greenwood, Thomas Hawkins, Fredc-r----ick Charles Liddy, Harry Pollock. * Charles Frederick Vernall, Leslie James Ornisby and Arthur Archibald Huston (corporals). The defendants are Robin Adam Gardner, printer, Rotorua; William Alfred Slyak, solicitor, Auckland, and Fllen Amieiie Gardner, widow, Rotorua.

Mr' Hunt appeared for the plaintiffs, ■and Mr G. P. Finlay, with Win Mr Carter, for the defendants. , The statement of claim sot forth that ion September 16, 1919, the defendants 'falsely printed and published of plaintiffs the following:— "A Complaint.—(To the Editor.) — Sir, —I am on a visit to Uotorua after four years in the' war zone, and 1 am greatly astonished to meet some of the men hero on duty at the Kins George Hospital who have never left New Zealand, and on making enquiries 1 found that not one of the men carrying stripes had been anywhere near'the lighting area. 1 also enquired what qualifications entitled them to promotion, but the answer 1 invariably received was that they were able to' play some kind of musical instrument, anil wore therefore able to become members of the hospital band. i also found that a few were qualified on account of having had a trip in a hospital ship. I was informed that it was almost impossible to obtain returned soldiers for hospital work, but 1 reckon the cause is not far to seek, as a returned soldier who is worth the name would absolutely refuse to work under N.C.O.'s who are merely loafers on the Government at a salary most of them never dreamt of before the war. I also learned that the N.C.O.'s had almost killed one another in the rush to Bign on for three years, but if the Returned j Soldiers' Association do not have an enquiry into this matter, they are neglecting their duty to some'of their comrades' who could manage a light job, but not to be ordered about by the kind of home service N.C.O.'s as I have seen at King George Hospital.— ! I am, etc., T. C. Wilson, .Brighton, road, Itomuera." Plain tills allogod that tho words were published in tho Uotorua Chronicle, that they were understood to the plaintiffs that tho words meant that none of tho plaintiffs had been on active service; that tlio plaintiffs had shirked or by improper means avoided military servieo; that they were unfit or unqualified to hold their positions, and by reason of the. letter plaintiffs alleged that they had been injured in their reputation, and had been brought into public odium, and claimed L'2:2()t>, being £IOO for each of the plaintiffs. At tho conclusion of tho evidence given on behalf of plaintiffs, counsel for tho latter, addressing tho jury, said a letter had been sent to "T. C. Wilson," but had been returned through the Dead Lottor Office. A letter was sent, to (lie newspaper proprietors' solicitor, asking lor an apology and retraction of ibe statement, but this was not given, although "an offer was made to allow spaee in the paper for an explanation. Counsel submitted that if "fair comment" was to lie pleaded, it was essential for the contents of the article to bo proved true, and he claimed that tho newspaper took no steps whatever to prove the truth or otherwise of the contents of the. letter. Thirteen of the men bad been across the seas, and the others had done their best to go, but had hvjn refused. 'Counsel for the defence said the letter was published in the ordinary course of bitsiin '•, uiid from a sense of public duty. Flo claimed that the allegation in Ihe jotu'r, that some of the men had liefer . Been in the lighting area, was tin-, ami submitted that the writer of the hj tier foelnrt by "the '"fighting area,"i.li' actual firing line, and onlv a few. of (be plaint ill's had been actually in th> firs"'J lino. The jur rotn ii < ! v >yriU I m fovonr ol each pluiiirt'ff '"" S3. Ir. .'■;m.rf.-.v;»»'" ,l »- ini< to £66. Ti «V|4-- t t uM -a ruler vkm ft JdocJ »'o life elfcc-l tli I'delc«'■!..!.i- feliowec]

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