RACING MOTORIST'S SUIT

New Zealand Herald, Volume LXIX, Issue 21329, 2 November 1932, Page 15

RACING MOTORIST'S SUIT

ALLEGATION OF LIBEL IGNITION EXPERT'S STORY CAR'S LAST RUN ON BEACH Counsel for Smith's Newspapers, Limited, defendants in the libel action in tho Supreme Court in Sydney, in which Norman Leslie Smith is the plaintiff, continued the calling of evidence last week. The action is being trieel before Mr. Justice K. W. Street anel a jury of four. Plaintiff is claiming £20,000 as damages for the publication in Smith's Weekly of an article which, he alleges, charged him with cowardice. The article complained of was published after the return to Sydney of plaintiff from the Ninety-Mile Beach in New Zealand, where he. went to attempt new motor records in the F. TI. Stewart Enterprise. Tho substantial plea fileel by the defendant company was "truth and public benefit." Luelwig Nudl, mechanical engineer, examined by Mr. Watts, counsel for elefence, saiel that he was the inventor of tho I Jay so] a ignition system and installed that system on one magneto of the "F. H. Stewart Enterprise." He went to New Zealand with plaintiff anel was engaged to see that tho ignition system was all right. Tho wiring from the Ravsola was absolutely waterproof. That would apply to each of tho magnetos. Up to the time that he went to hospital to bo operated on for appendicitis, tho engine was started up 17 times. The starting involved two or three hours' work. " The Beach was Wonderful " Witness saiel that before the attempt on the 10-mile recorel on January 26 he had a friendly conversation with plaintiff. Ho told plaintiff that the existing record of 138 miles an hour was held by a woman in an ordinary racing car and on an ordinary racing track near Paris. Witness said that if he was attempting to break the record on this wonderful beach in New Zealand and with a first-class car like the Enterprise, which was tho last word in engineering, he must do it by at least 80 miles an hour. Plaintiff, said witness, told him that the car would do about 240 miles an hour. Witness said, "Never mind. If voti do about 220 miles an hour it will bo quite sufficient." After the run plaintiff said ho did 150 miles one way ami 180 miles the other, anel that he was satisfied. Witness saiel. "That is all right." Witness said that he pointed out to plaintiff that the car had a limited lifo and asked him about the one-mile record. Plaintiff said he wanted to get used to the car. 'There was nothing to prevent him from attacking tho one-mile record on January 26, the day of the 10-mile run. The beach was in wonderful condition. He could not understand why the engine was started several times. On one occasion the engine was "revved" up to 4000 revolutions. A man with any mechanical knowledge would not attempt to race tho engine to that, extent without a load. It was absolute madness. Several of the experts maele that comment to plaintiff. "On one or two occasions," said witness, "the beach was in perfect condition. It was tip-top." Loose High-tension Wire Witness said that after he came e>ut of hospital he told plaintiff that they hael better test the compression in every cylinder. Plaintiff replied that he hael received a cablegram from the British Air Ministry not to test the compression at all. On April 29, when the engine was starteel up, tho engine missed on one cylinder. He found that tho plug was dirty. That was on the magneto side. Ho then took off the bottom tray on the Raysola side and fottnel that a high-tension wire was hanging down toward the tray. Mr. Watt: What would happen when the current was switched on 1 Witness: If a little bit of petrol was down there the thing would go up in flames straight away. Witness said he remarked to plaintiff: "Norman, look here, who interfered with it?" Plaintiff was upset and saiel: "Don't say anything to anybody. Fix it up straight away." It was impossible for the wire to get loose accidentally. Somebody must have interfered with it. Coming up to May 1. the day of the attempt on the five-mile record, witness said that before the run plaintiff told Groves, the tyre expert, and Alcock, tho oil expert, to go to the northern end of the beach. Both protested. Plaintiff then came to witness and said : "You had better go to the northern end." Witness replied, "Xo, yoti have not, a competent man at the southern end to start the engine." " Tho Car Caught Fire" Witness said that at the southern enel there, was a Maori practically doing the work of Mr. Groves, a tyre expert from London. There was not a person who was competent on his job down at that enel. Swadling gave an instruction to put the firo extinguisher in the. truck, which was going elown to the starting point. I.llis was the first, occasion, fo witness' knowledge, that the extinguisher was carried elown to the beach. It was the first, time that the Enerprise was not started in the garage. After being at the northern end for about three hours, said witness, he received a message and went back to tho garage. The car was inside, but the garage was closed. Plaintiff said: "Come inside. 1 will tell you about it. 'JTie car caught fire. Water was splashing up and caused a short-circuit Witness said: '.'That is impossible," and asked for permission to have a look at the wires. Plaintiff said: "Swadling saw the thing all right." Witness remarked that Swadling was not an engineer anel that nobody would take notice of his word. Plaintiff said: "Never mind. Swadling's word is a.s good as yours eir anybody's." Witness said that later on plaintiff said: "You have to say that the car took fire through the water coming into the magneto and on to the wires. If you do not do that I will blamo your ignition system." Statements to Smith's Weekly Witness said that several officials asked to see the engine, and plaintiff refused. Plaintiff had asked him as he was about to go to Australia that if he went to Melbourne he should not mention to tho Defence Department that plaintiff bad "revved" up tho engine to 4000. Witness claimed that the magneto would operate under water. In cross-examination witness said that he returned to Sydney on the same boat as plaintiff. On that day he had an interview with Smith's Weekly and gave them a statement written out on several sheets of paper. He signed tho statement. He went that night to Melbourne, where he gave another statement to Smith s Weekly. He did it in the interests of Australia.

FURTHER EVIDENCE BY SMITH STATEMENTS CONTRADICTED (Received November 1, 0.55 p.m.) SYDNEY, Nov. 1 The trial of Norman Lewis Smith's claim against Smith's Weekly was continueel to-day. Plaintiff denied a statement by a previous witness that prior to the speed trials he was so nervous that he was unable to hold a teacup. Evidence given by several New Zealand witnesses that the beach was in good condition was denied by Smith. He also denied that money was collected on the beach or at any other place in New Zealand.