ELECTION LITERATURE

Manawatu Times, Volume XLIX, Issue 2308, 28 November 1925, Page 9

ELECTION LITERATURE

AUCKLAND PRINTER FINED. “INTENDED TO DAMAGJS CANDIDATE’S CHARACTER." [Per Press Association.] AUCKLAND, November ST. Mr. Poynton, S.M., gave judgment' this morning in the action for defamation brought by Mr. Hall Skelton, a candidate for Roskill, against 1 Henry Hastings Seabrook, arising out <. of two pamphlets which related to J plaintiff’s character. The case was heard on November 20. The Magistrate said that the statements complained of were widely distributed and were self-evident of an intention to influence the votes of electors. Mr. Poynton quoted from; the pamphlets several paragraph! and said: "In a community that prides itself on its loyalty to the British Empire, such remarks are certainly calculated to bring a man into contempt and arouse hatred against him. The most charitable view of the statements could not view them otherwise than the defamatory. No evidence wag called to attempt to prove the truth of the statements, the defence relying on certain literature put in, and complainant denied upon oath that th 8 statements in such literature were true." Th* statements made about the Sinn Fein organisation might be correct, but they -were obviously made with the intention of discrediting complainant as a candidate, and it would be necessary for the defence not only to prove such assertions were true, but that the complainant knew they were so. These facts had not been prpved. This case being the nrst under the Legislature Act, 1908. section 158, defendant would not be severely punished. He apparently acted on advice. Dt/fendant was fined 12 on each charge and was ordered • to pay costs amounting to £5 16/-.