NEWSPAPER DISPUTE.

New Zealand Herald, Volume LI, Issue 15551, 7 March 1914, Page 8

NEWSPAPER DISPUTE.

CLAIM FOR LIBEL.

A WELLINGTON CASE.

[BY TELEGRAPH.— ASSOCIATION.]

Wellington, Friday. The hearing of the action in which 'he New Zealand Times claims from the Wellington Publishing Company £3000 for alleged libel, was commenced iu the Supreme Court this morning before Mr. Justice Hosking and a jury of 12. For the plaintiff company Mr. C. P. Skerrett, K.C.. and Sir John Firidlay, K.C., with Mr. O. E. Stout, appeared, and defendants were represented by Messrs. (J. B. Morrison, K.C., M. Myers, and T. C. A. Ilislop.

he article in the Dominion in which the alleged libel was contained was as lollows, and appeared on December 11. 1913 :

Ihe inventive genius of our morning contemporary is having a very busv time just now drawing upon its imagination for grounds on which to attack its political opponents. In yesterday's issue that veracious organ of the brewing industry gave up quite a lot of its space to venomous comments on its own distorted version of current happenings, ami no doubt found therein some relief for its own troubles and misgivings concerning the future. It is a little foolish of that decadent mouthpiece of a decaying cause to so plainly disclose its sympathies with the red federation if it really wishes to help Sir JuserVi Ward. The great bulk of the people have seen exactly what the red federation stands for, and when the official mouthpiece of Wardisni, which has on ovary possible occasion insidiously encouraged the strikers in the present industrial crisis, openly urges that the Liberals of New Zealand should throw in their lot with the -anarchist organisation in order to gratify the spleen of their leaders, and defeat the Ministerialist candidates, it is not calculated to do either the Liberal Party or the New Zealand Times much good with the business people of the community. Of course, it is generally recognised there that our mwrtung contemporary has few scruples where it- desires to give rein to its malignant hatred of the Government, but it will find it a little difficult to convince the public of Wellington, at legist, that a journal, which advocates the encouragement of and support of the rid federation and its leaders and ruinous methods, in preference to a Government which, whatever its faults, has honestly and firmly carried out its duty to the public, is deserving of either credence or respect. Perhaps Sir Joseph Ward and his friends will now see that they should disown the red federation, to which their official mouthpiece Has already committed itself." In opening for plaintiffs. Sir John Findlay said he would like the jury to find in this attack on the New Zealand Tinges a motive which aimed at. its circulation and its advertisements. The Dominion, having woiked up allegations against the " Red Federation." they declared that the Times was in league with it in order to injure business. Mr. Myers applied for a nonsuit, on the grounds:— I) That the wirds complained of were net reasonably capable of tho innuendo alleged ; (2) that the attack was made upon a set of articles in the newspapers. and was not an attack upon tho company or upon the business of the <om-

pany. Mr. Skerrett replied to the nonsuit point. He contended that the passages in the article, read together, meant that the Times was a supporter of sedition, and a supporter of violence. His Honor said the best course to take would be to grant leave to move for a nonsuit, as he cou'd not pretend to give adequate consideration of, the matter there and then.

Mr. Mori son opened the caso for the defence, and the case was not. finished when the Court rose.