CLAIM FOR DAMAGES.

Manawatu Standard, Volume LII, Issue 268, 12 October 1932, Page 7

CLAIM FOR DAMAGES.

“WIZARD” SMITH’S ACTION. SYDNEY, Oct. 11. The hearing was continued to-day of the case in which Mr Norman (“Wizard”) Smith claimf/1 £20,000 damages from Smith’s Weekly for alleged libel in an article published on May 21, in which plaintiff contends that he was publicly denounced as a coward in connection with his motor speed 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.”

Mr F. H. Stewart, a member of the Federal Parliament, gave evidence that he was indirectly associated with the New Zealand speed tests owing to being .a bondsman for the safety of the British Schneider Trophy aeroplane engine used in Mr Smith’s car. Witness had lodged bonds valued at £2BOO with the Federal Treasury. He bad also backed Mr Smith to the extent of £SOO. He bad looked upon the New Zealand attempts on the land speed record as a matter of national importance, and lrad every confidence in Mr Smith’s ability to achieve that purpose. He saw no justification for the newspaper attack or for the suggestion that there was a yellow streak in connection with Mr Smith’s conduct in New Zealand.

Cross-examined, Mr Stewart admitted that Mr Smith’s reputation had in no way suffered by the Smith Weekly attack.

Mr Stewart said that, after reading the article about Mr Smith, he formed the conclusion that the latter bad 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 Mr Smith’s past honourable career.

Plaintiff, recalled, continued his evidence. Ho said that when he reached Sydney a person whom he now recognised as Ted Paters.on, and whom he had seen about four times at the Smith’s Weekly office, met him on the wharf, said “Good morning,” and gave him a small yellow flag, tho significance of which lie did not know at the time. He had since discovered that it was intended as a gross insult. Mr Paterson had made no other comment, but simply walked away. The hearing was adjourned. •