SUPREME COURT.

Ashburton Guardian, Volume V, Issue 1434, 20 January 1885, Page 2

SUPREME COURT.

CHRISTCHURCH—Yesterday. (Before His Honor Mr Justice Johnston), [Abridged from the Lyttelton TinjsA This was an faction to recover Ll,§oo damages for libel and slander. The plaintiff was William James Hussey, farmer, at Rskaia, and the defendant was Charles William Turner, the agent at Bakaia for the New Zealand Loan and Mercantile Agency Company, Limited. The libels—there were two alleged—were contained in letters written to Duncan Cameron, of dunes, Methvjn, to the effect that certain wheat offered by plaintiff for sale had previously been mortgaged to the Company by lien, and the slander was a statement alleged to have been made at the Bakaia Hotel by the defendant to the effect that the plaintiff had committed a larceny, for which he deserved two years imprismment—The defence was to the effect that the statements were privileged, and were not malicious, and that the statement as to imprisonment was with respect to the plaintiffs threat to oomd'to his (defendant’s) office and assault hi to.— Mr Wilding, wi;h him Mr A E." G. Rhodes, appeared for the plaintiff Mr Holmes, with hira Mr FisKer, instructed by Messrs Garrick and Oowlishaw) appeared for t he defendant.—Duncan Came* ron f at Methven: fcin|

Tuscan wheat from plaintiff before August 1884 Saw a sample. Could not any where it was grown. Thought plaintiff said it was from Mr Roberts’ section. Received a letter from Mr Turner produced in the beginning of August. Answered on August sth, stating that the wheat had never been under lien to the Company. Received a reply dated August 7th from defendant saying, “I would strongly recommend you not to pay Hussey for any wheat you have had from him as the matter is in the bands of our solicitors, and .you will learn that the grain is ours.” Knew from defendant’s previous letter that plaintiff vras under lien to the Company. Bussey delivered the wheat. Some horses came to witness's place about three weeks after the wheat. Hussey sent fifteen or twenty, but said some belonged to other parties, and asked witness to keep them. A Ifew hardies and a quarter tank were sent also. Bought and paid Mr Hnssey for those. The horses were taken away. Hussey said he was going to take them, and they disappeared next day. The fences in his place Hnssey said were insecure.—George Oleland, plaintiff’s cousin ; Remembered meeting defendant on Sept. 29th at theßakaia Hotel. Messrs Pyke, McDonald, Turner, and a stranger were present in,the coffee-room. Defendant made statements which witness tcok a note of within five minntes afterwards. Mr Turner said that Messrs Wilding and Caygiil had written to Mr Cooke, asking him whether he would accept the responsibility of hia agent. He (Sic Cooke) had replied, “Yes, certainly ; that he was prepared to spend LSOO on that sp cial case, and LSOU on two other cases.” Mr Turner also said that he had spent an hour and a half with Mr Fisher, who had said that the case was a clear one of larceny. Imagined! it meant a case that was afterwards tried in the Resident Magistrate's Court at Rakaiu between the Company and the plaintiff. Turner further said, “That if Hussey had gone to him' and apologised, he should have done his utmost to get him off; that he was a d— scoundrel, and would now get two years.” Turner further said, “If ho- had come over to the office on a certain day, he would have put him in prison.”—David Thomas, auctioneer : Had heard Mr Turner say on several occasions that Hnssey was an infernal rogue, and that he intended to pnt him “over the hill,” He said “if he did not give him two years he would eat his hat” Witness told Mr Turner iff Ashburton that if Hussey bad taken anything away he (witness) would see Hussey and get it taken back. Saw Hussey, who’said nothing had been removed.—Arthur Makeig, Clerk of the 1 Odott at South Bakaia: Produced the irffiftmation laid by defendant. Had heard defendant, speak of plaintiff as a d—- scoundrel, and say that ha would give plaintiff two years “over the hill” as sure {as his name was Turner. This language had been used several times.— Vincent Adolphus Pyke, agent of the Bank of New Zealand at Bakaia : At the Bakaia Hotel heard Mr Turner say he had been in consultation with Mr Fisher for two hoars on Mr Hussey. Mr Turner said Hussey was a d scoundrel, and would probably get two years. He didfnot take down wbat was said.—Angus Murray, farmer : Heard defendant say that the Company authorised him to spend LSOO to send Bussey to gaol.—William Jamas Hussey, the plaintiff: Had been farming in the Bakaia district for about nine years. Sold 200 bushels of wheat to Mr Cameron, which were grown on Roberts’ land, and were not under lien to the Company. The stacks were grouped together, but Roberts’ wheat was stacked by itself. The Company had cent in a bill against him for over 1800. All his property under bill of sale bad been seised. Had given up the farms because McKerrow and Co. had mortgaged them, tod he was adviud to give them up. Gave McKerrow and Co. a bill of sale six years ago. Had never heard that their securities had been handed , over to the Company. Sold a half tank and some hurdles to Mr Cameron. Took away no horses that were in the bill of sale. r > he Company took nine that were named iu the pill of sale. Mr Turner and Mr Pyke sent up the bailiffs. Was not told that it was the Official Assignee/ The only horses he sent to Cameron which belonged to himself were two he had net paid for. One was a big mare, bay, with an anchor brand. The other was a big bay horse without brands. One was Blossom and the other Dick.— Charles William Turner, the defendant, had been informed by James Dent that plaintiff had been selling wheat from section 34169. over which the Company bad alien. Wrote to Mr Cameron, as the Company’s agent, i n September 29, at the hotel, spoke to Mr Pyke first. Said he bad seen Mr Fisher, and that he was sorry Hnssey should make himself liable to such a prosecution, and that if Hussey had come and explained matters, he would have endeavored to waive the matter. Had no recollection of calling Hussey a d—— scoundrel. _ Also said that if he had come over to witness on a certain day he would have been locked up. Never used the word “ larceny,” or referred to “ over the hill. ” A few days before, at the Post-office, Hussey had in an abusive manner said he wished “to have it ont,” and was “ as good a man” as witness. . Witness had meant that if plaintiff assaulted him he would have him locked up.—Learned counsel having addressed the jury, his Honor summed' up. The jury retired, and after an absence of mote than an hour, returned with a verdict for plaintiff, damages LIOO, on the count for slander, but on the other two counts there was no libel—His Honor gave judgment for LIOO, with costs sccording to scale.