WELLINGTON,

Colonist, Volume XXXII, Issue 5426, 22 January 1889, Page 3

WELLINGTON,

January 21* In the Supreme Court on the civil lid*, the libel action damage's, being laid at £5000, Larnach v. Proprietors of the ' New Zealand Herald' was commenced this morning. Tht plaiutiff said that on 19th July, 188$, d«fendants falsely and malioiously publiehei articles commenting pn tha departure of the plaintiff from the Gokuy whenParliament was in cession, to enter into basintsa at Melbourne, having first asked leave of absenca ok the plea of illness iu his family, and continued to draw his honorarium, whersapon he claims £3000 damages. The d«fendants admit publication but d«ny malica, and say that* the subject matter ;of the alleged libsl became and wa9 a matter for public interest, and thereupon they published comments set out in plaintiff's statement hona fide for the public good and without sinister or malicious motives. They also deny that the said publications are libellous. Sir E. Stout, instructed by Messrs Buckley and Stafford, is for the plaintiff; wd Mr Gully, and with him Mr Skerrett, for the da fendants. * '

Mr Larnach in his evidence shortly detailed his movements during tke lato session of Parliament, and explained he was called to Dunedin by an urgent messaga from the doctor attending his daughter. The witness was cross-examined to show that it was the conamoH impression that lie was about to leave lor Melbourne, and it had been stated he bad given a banquet to civil servants, and had replied to the gentleman who spoke on the matter that ha was going to leave the Colony. He had received an apology by telegram from the defendant, but did not desm it sufficient. Dc Coughtrey was called to prove the illness of plaintiff's daughter, but this evidence was not admitted as irrelavant. Later. The only evideace called for )h« defence in Laraach v. ' New Zealand Herald' wag that of Mr G. M. Reid, who wrota the first article complained of, aad Mr W. Berry, Editor of the 'New Zealand Herald,' who wrote the second. They deposed that they wrote without malice in the public interest en what they supposed to be the facts of tha case. An apology had been published in tha paper, and also tendered privately by talegram to Mr Larnach when it was ascertained the facts were wrong. Mr Gully asked his Honor to direct the Jury that the articles were justified on the circumstances tha writers had before them; but Mr Justice Richmond said the latter wera bound to assure themselves that their facts were correct before oommentißg on them. Counsel having addressed the Jury briefly, his Honor summed! up pointing out tha facts upon which comments were based by public writers must be established on reasonable evidence. Ho i quoted several eases, including Bryce v. Rusi den, to show the state of the law, aad said it had been admitted that thers was an error in the facts. The Jury, after retiring 50 minutes, returned/ and asked what sum would carry Costs. His Honor said costs were now at the discretion of tha Judge. The Jury then gave a verdict for plaintiff, damages £500. Costs were allowed on the middle scala.

Mr J. E. Dennis ton, of Danedin, has been. offered and has accepted the Judgeship, the Government receiving his intimation of acceptance this afternoon. WANGANUI, January 21« A wornau named Bobinson died suddenly yesterday morning from, it is suppoied, heart disease. She-leaves n family of eleven ohildrea, mostly young, and in -destitute circumstances.

The wool export this seftson has bean -unusually largo, some four thousand bale3 being shipped during the four last weeks. The harvest has commenced in this district. Thabarlay and wheat crops are looking well, and the oat crops also promise large yields.

The wrestling match between Harry Dunn and George Robertson for the Championship of New Zealand and a stake ef £50 a side, took place to-night, and was keenly contested. In the Cumberland style Dana won gthe fait. In the Collar and Elbow style, Robertson secured tbe fall. The American side hold style was also won by Bobertson. Tho fall in the Greco-Roman tusslo wus woa by Dunn. In the Catch as Catch can style Bobertaon threw Dunn and won the match, having three falls to Dunn's two. Each maa having won a match, Dunn has challenged Robertson to have another match, which was immediat .'y accepted, BUNSDTN, January 21, Professor Baldwin made a successful balloon ascent and parachute descent this evening. Although only a gentle breeze was blowing, he was carried about a quarter of a mite from the starting point in a few seconds. When he came away from ib.B balloon, before the parachute was epened was most exciting, and the suspense caused many almnst to faint. The height ascended was from eight hundred to one thousand feet. AUCKLAND, January 21. The statements made in a cablegram from San Francisco alleging "that German warships at Samoa had burned American flags, imprisoned American snbjecta and fired at the captain and lieutenant of a British man of war were read to an officer to the German warship Eber to-day, and were characterised as absolute untruths, The officer pointed oui that the Eber left Samoa on the 12th inat. and that it was impossible that later news could be received at San Francisco. Ha said the officers of the various warships were the best of friends and that the only boat they fired on was a Kanaka boat carrying am. munition and she had no flag.