CASE FOR DEFENCE

Poverty Bay Herald, Volume LIX, Issue 17917, 22 October 1932, Page 7

CASE FOR DEFENCE

“WIZARD’S” LIBEL CLAIM

RACING DRIVERS’ PROTEST

SYDNEY, October 21. Edwin Paterson, described as an engineer, who gave the yellow flag to “Wizard” Smith upon his return from New Zealand, was a witness for the defence in “Wizard” Smith’s libel suit to day. The defence claimed that the flag was not offered as a gratuitous insult. hut as a strong! pretest by certain racing drivers aggrieved at -losing- their chance of driving Smith’s car, the Enterprise, on the occasion of the speed attempts. Paterson named three speed drivers who would have given anything to have driven the Enterprise.. He -had met Smith on different occasions at reliability trials, and it was futile for Smith to claim a lack of acquaintance. Smith’s Weekly had nothing to do. with the giving of the yellow flag to plaintiff. Paterson added: “I met Smith on the wharf, and said: ‘Good morning) .Norman. We racing drivers would like you to accept this little present. I hope •i appreciate its significance.” Smith accepted it and eventually pave it to a little hoy. Evidence taken in New Zealand from Percy Thode was also read. Ho stated that lie drove over Ninety Mila Reach alter the 10-mile run and on subsequent dates and found the beach iff perfect condition. The hearing was adjourned.