ACTION FOR LIBEL.

Stratford Evening Post, Volume XXXI, Issue 14, 1 September 1911, Page 5

ACTION FOR LIBEL.

JOURNALISTS FALL OUT. (Per Press Association.! Palmerston North, August 31. The Chief Justice was occupied today with the action of Ernest Denis Hoben, editor and lessee of tiie “Manawatu Daily Times,” claiming LoOi damages against Win. Henry Smith and tiie Rangitikei “Advocate” Publishing Company, for libel. The statement of claim alleged that on July 4, 1911, defendants printed and published of plaintiff in the Rangitikei “Advocate'’ the following words: “An amusing story is current which relates tliat an egotistical newspaper tyro (meaning tneroby the plaintiff) interviewed tiie conductor of a great musical combination and caused him to laugh consumedly over his statement tiiat ho could sympathise with his troubles, because lie had once conducted a tour of a football team. Though this neophyte (moaning tneroby tne plaintiff) is always attacking his contemporaries, they seldom take any notice of his infantile wails, but the other day he excelled even himself. A great show was held, at which magnificent specimens of produce, etc. were exhibited, and the next day lie seriously assured his readers that the one topic of the day was a football match. Evidently his mental calibre could be measured only with a micrometer.”

It was alleged that the meaning of the said puulicatiou was that the plaintiff was an ignorant beginner as a journalist, with no experience in his business as a journalist, and was so deficient in mental capacity as to be unfit to conduct such a business or any other business. It was also alleged that the plaintiff had suffered loss and damage by reason of such publication. The defence pleaded that the Rangitikei “Advocate” had no circulation outside the Rangitikei district; that the article was not defamatory, and did not apply to plaintiff i also justification and fair comment. Mr. Charles A. Loughnan, with him Mr. R. 1). Baguell, appeared for plaintiff, and Messrs. Charles I). Morrison, of Wellington, C. R. Cooke and C. B. Collins, of Marion, for defendants. During the action Mr. Morrison, for defendants, abandoned the plea of fair comment and justification, and said it was absurd to think that his clients could have meant to seriously reflect upon Hoben’s experience and ability as a journalist, which was well known. He asked the jury to regard the m'atter as jocular. Mr. Loughnan, however, had witnesses to show that the libel was part of a succession of attacks, through the Courts and. otherwise, by Smith on Hoben, who had leased a paper belonging to Smith. The jury, after half an hour’s retirement, returned a verdict for £275 damages for the plaintiff.