ALLEGED LIBEL.

North Otago Times, Volume CIV, Issue 13656, 26 August 1916, Page 1

ALLEGED LIBEL.

A WEST COAST CASE, ..''•:■ "" •■ l t | . | ' l '»pPllH(| SEQUEL, TO ANONYMOUS LETTER.' CHRISTC'HURCIi, August 25.. An action for. £IOOO damages for allaged libel'came, before his Honour Mr Justice Denniston and a special .jury of twelve yesterday, the plaintiff being Ernest "James Smith, draper, of; Greymouth, and the defendant William. McKay, a]so a draper of Greymouth. The cause of the action was an auony-' mous letter which the., plaintiff alleged. was written' by- McKay. , -The case came.before his Honour Mr Justice Sini', in June, last,.:but the'jury.disagreed, ami ■. it was therefbi'e ordered to be heard.in tli'c Oliristclmrch Supreme Coiirt. '■ MrM. llannan, wkh:him Mr Joyce, ' appeared for the plaintiff, and Mr S. G. Raymond, K.l',, with him Mr l'\ D, ' Sa'rgeutffor : th'e ■defendant. , After the special-jury had been cmpanelled, Mr Joyce applied for an ad- ■ journmeut of the'ease until)this mora-, ing at ten o.idoclc, owiug to'the indis- , position of'•'Mi\Hanu'aiu'Tlic'a'ppliea-. tiou was granted. ,' : .'.'; ...Tu his statement' of claim the'plai'iK tiff .says that lie is and has been the ; manager at .Greymputlt'.bf the. drapery business known' as 11.I 1 . Smithy Ltd,, ever • since a branch of that, busiucss was cs- ■ tablbhod' at Grey-mouth, about 188-1. ' The defendant |ias'for.some years car-, lied on business at Greymouth 'and, elsewhere under the firm, name of W. McKay . arid'.'Soil!" 'Christopher Smith, ofWellington, draper, is.the principal, shareholder and managing director of C, Smith, Ltd.,'which lii:m has its headquarters in Wellington and branches in, various parts of New Zealand. On or about December lGtti, 1915, the statement continues, the defendant falsely and maliciously wrote of and, concerning the plaintiff in the form-of an anonymous letter addressed to Mr Christopher Smith as follows: "To Mr Charles Smith!— This b—■ half-brother of yours, how the "li— you give.him sole charge of your.affairs on the Coast I cannot make out. A most unpopular liar and all'round scoundrel [I liava ue-ver met before. I.have been insulted now twice; once I wanted to change a hat and another tiuie a tie, and each tiuic ho' insulted me—at any rule I urn uot [j'oiug to tako one C. Smith anymore. Your disgusted with 'your lcp.'s .ways." ■'■■'•.• On or about December 16th, 191J, the , defendant posted or caused te-'be posted at. Greymouth the said letter in an envelope addressed to "Mr Christr. j Smith, draper, Wellington, '■' The letter was received in the ordinary course by! post on December 20th, at the linn's Wellington business premises, was opened by the accountant, arid handed by him to Mr Smith, In consequence of this ■ malicious epistle -the plaintiff claims £IOOO damages. "'.'•..■■•.' ,' The defence .consists ot a general, denial I hat the defendant -wrote any ' such letter. ■•■''.'