ALLEGED LIBEL.

Timaru Herald, Volume CI, Issue 15393, 9 July 1914, Page 7

ALLEGED LIBEL.

THE FAIRBAIRN CASK. (Per Press Association..) CiJKISTCH URCH. July S. Ihe case Andrew Fairbairn, claim for libel for ii()!).> v. the "Otago Daily Tinws,'' opened before Mr Justice Sim. For the plaintiff Sir J. Fimllay and Mr 'Wright i for tho defendants MiMcGregor and Mr Stringer. In opening the case Sir Findiay said Air Fairbairn iirst refused to act 011 the Cost Of Living Commission in 1912, but consented when he found that his name was gazetted. A leading articlci in tho "Times'-" headed •'Faked Official Documents'' implied that the Commission bad distorted the evid<*nee. The mere fact that the report was different from ihe newspaper report was not sufficient in. the case of a charge of rascality. The article was actuated by malice unprecedented in tho annals or the Dominion's iourna'.sin. It showed that the writdr was unfit for his position. The plaintiff's <jase wi;vs that there was no tampering: iliat all the official reports were corrected by the witnesses.

The charge of suppression rested on statements about -Keckili s Blue, nflowed to lwve been made by Cuthbe.rt Boivyer and A. AY. Jamiesun. and not included in the official report. Effic P>«ut. the official reporter, viid •Tamieson did not make tlii.s .statement before the Commission. Jamiesoi; corrected and signed the official report. Dr James iHight, a. member of the Commission, said that the statement regard ins I'lt-kitl's Bhio was not mado iiy Jamieson. Xo pro]>osals were made by the Commission to uvmper with the evidence. Dr 11i : ; I said that whi*i it ■vvas proposed that an employee of Fairbairn named "Wright should give evidence. .Air Kairbairn oll'ered to resign but tlie Commission unanimously decided that he -should retain his seat.

The plaintiff gave evidence. ;md was cross-exaneued at considerable length. He denied various suggestions as to the reasons why In- was offered aii<t accepted a .-eat oil Uie commission. and as to lhe Mipprc»i«»u and alteration of eviilenee to ii': iho findings of the Commission. Mo desired that, eerta'n evidence in his position should be given in the public interest. ami offered to rct.:re iVom the Commission, but the other members decided that an employee could be. called to give thai evidence. Jle was not conscious <>}' another action of his that wonid Ik tliought "an abuse of his position on the Commission. He denied that he went on tho Commission to help his business. Tlie Court then adjourned for ihe day.