CLAIM BY JOCKEY

Otago Daily Times, Issue 22259, 11 May 1934, Page 12

CLAIM BY JOCKEY

ALLEGATION OF LIBEL ACTION AGAINST SPORTING -JOURNAL. (Peb United Press Association.) r AUCKLAND, May 10. The career of Samuel Henderson, a jockey whose extraordinary run of- successes was interrupted in 1929 by an accident at Paeroa, was recalled to-day, when he began an action in.the Supreme Court, claiming £IOOO damages, against,George Thompson and Roy Cecil Temple, printer arid publisher of the Referee. Hi 8 counsel said that in 1932 Renderson decided ■to go "■. to England, but the Racing Conference refused him a clearance. He went to England, but was unable to ride. He returnedyin July, 1933, and shortly:; afterwards the defendant journal published ah article giving reasons for the Racing Conference's refusal of his clearance. The article said the conference had acted on medical advice that Henderson was not fit to ride again. The article, also said that Henderson had a silver plate, in his head, and another fall would t>e fatal to him. *■ > ", -' Counsel said' Henderson had no silver plate in his head, and' the paper had offered to'publish an apology. Evidence would -be given that Henderson found it impossible to.'get employment -after the article appeared.; • .. : .;-,, Mr Justice Ostler said there was nothing defamatory'in the statement that a man had a silver plate in his head.:.:; The - planting in evidence, said that He took up riding in 1910. In 1929 'and the two preceding seasons his-income-was about £2OOO yearly. In April,: 1932,-he considered himself fully recovered .from his accident, and after seeing- two doctors in England, he returned to New . Zealand feeling himself ■•capable for resuming riding.- He. was grafted permission to work in the 'stable, but various. Auckland trainers had refused hiiri a job on.the ground that they thought him unfit;: The Referee had published a correction; regretting certain false statements made, but had not given it much prominence;':' His Honor: But they say they bffered to publish anything you cared to ? say. They offered to throw their publication open to you. to put, the :inatter right. Why did not'you take advantage ,of: their offer? <■■ ' v - -•■ ■■■'■. ;■-'•■.; >:':.-;. ' ,

Witness: I had had too much publicity. Dr H. M. Goldstein, an eye specialist, said that the plaintiff's right was affected after.the accident, but later it.improved. In witness's opinion the plaintiff was capable of resuming his normal occupation in .1932.; ".: ' . " Three horse trainers gave evidence that, after reading in the Referee that jtbe plaintiff had a silver plate in his head. they were hot inclined to take the responsibility, of employing him;. ' ' ;:" : Mr Johnstone moved for a non-suit on the grounds that the words of the article in their ordipary sense/were not defamatory to the plaintiff, either personally or in relation to the ; trade* calling, or occupation followed by him; that the innuendo set out in the statementjof claim was not a reasonable inference .to-' be drawn from the words used; arid, thirdly, that it had not been proved that at ; the time of publication of the alleged libel the plaintiff was following the occupation of a-jockey,, , \ • After legal- argument' his Honor reserved his decision on s the non-suit question until to-morrow.: : ~ ~./■