FOX LIBEL ACTION

New Zealand Times, Volume LII, Issue 12298, 18 November 1925, Page 8

FOX LIBEL ACTION

MOTIOIjf FOR JUDGMENT NONSUIT APPLIED FOR. Per Press Association. November 17. A sequel to the libel action which resulted in John Ignatius Fox being awarded £IOOO damages against "William Goodfellow was the hearing by Mr Justice Herdman to-day of a motion by Mr Seymour, for judgment on the jury’s finding. Mr Nortlicrqft moved for a nonsuit on the first question, which set out: “Have you ever heard that Fox was reported twice as a spy?” Mr Northcroft said he realised his client must submit to judgment as to the i verdict under other headings. With' regard, however, to the first issue, he submitted the charge against the defendant 1 wh-’ch it involved was slander and not libel, and that as the plaintiff had not claimed special damages he could not recover- under that heading. The words, “Have you ever heard that Fox was reported twice as a spy,” meant only a suggestion thap Fox had been under suspicion of being a spy, hut had not in fact been proved to be such. No special damages had been either proved or claimed, and, having regard to the rules affecting the law of slander, only special damages could be obtained unless the actual commission of a crime had been imouted to the plaintiff. Mr Seymour, for the plaintiff, argued that special damages had been proved; that the verdict of the jury could be taken to he the granting of snecial damages. Further, he claimed that the words as found by the jury against the defendant did amou"t to an accusation of a, substantive offence of spying as distinguished from a statement of suspicion. His Honour reserved his judgment.