SUPREME COURT.—Civil Sittings.

Auckland Star, Volume I, Issue 223, 26 September 1870, Page 2

SUPREME COURT.—Civil Sittings.

MONDAY, SEPTEMBER 26.

[Before His Honor Sir George Arney, Knfc., Chief Justice, and a Common Jury.] Hrs Hokob took his seat on the Bench at 10 o'clock. FRAZEB AND TIN>*E V. GItEENWAY. —ITBEL. This was an action of damages for def irnation of character. The plaintiffs are wellknown iron founders and engineers, of Mechanics' Bay ; and the defendant is also very well known in commercial and business circles. Mr. Whitaker and Mr. Weston appeared for the plaintiff; Mr. MaeCorimck appeared for the defendant.

.Mr. Weston opened the pleadings. The <le."la ation set out the folio«ing a legations : —That on or about the B<h of July the defendant .'aid, alludin2 to the plaintiffs and Ddiiiting to their place of business, " They are s;one; they have discharged their men, rela Live* and a!l; they have closed their pates u t I'alf-past. 12 o'clo'k." The is-ues submitted o I lie jury were three, viz., whether the deferdant u>ed the words imputed to him each issue separately following the language deposed to. There was also a general .ssue, viz , What damages have the plaintiffs sustiinei, &l\ ?

Mr. Whitaker opened the c:)«e to the jury

The following evidence was adduced : — G-eorge BYiiser, examined by Mr. v\ es'on, leposed that he is a mei.bi-r of the firm o' -riiser and Tinne, Engineer^, Mechanics' Bay. The business is an extensive one, about in"; hundred hands b-ing employed. Ther. are twenty seven apprentices. Tlie firm does i lai'ste bu?i ess with the Australian co'onie?, Maigl'ind, and S.-otlanrl. The wages paid ivrrage a'lout. £200 weekly. Mr Weston was about to a*k what he un- • lerstwod by the words '' they are gone."

Mr. MacCorinick objected, on the ground that putting the question would substitute t c witness for the jury. The jury were the judge? ijf what the language m>-ant.

Cro^s examinxl by Mr. MucOormiek : Wr do not mean to say that we pty £200 a week uuw. We did about three month* a_'o. I cannot say whether we are not in n worse position now than on the Bth of July. It i* difficult to say what the effect of a bad report, may be. I am not aware thai the firm is worse off now than on the Bth of July. An agent of ours may have naked to borrow money from Mr. Green way. We never did. I had no cm versa ion with the defendant upon the subject of this action. I did not ask him for any explanation. I went to Mr. Whitaker.

Samuel Cochranc examined by Mr. Whitaker : I am an auctioneer residing in Auckland. I know all the parties to this action. The plaintiffs nre engineers and ironfounders. I remember seeing the defendant on the Bth July. I met him in Lower Queen-street, opposite Hague .Smith's store. Mr. John Goodall whs with me. Mr. Greenway was alone. Greenway was smiling. Seeing that, I asked him what was wrong. (Laughter.) He said " My Lord is gone," at the same time pointing hia finger over the hill. I asked him, " Who is it—Smith ?" Greenway said, "No ; my Lord over the hill." I again asked him who ho meant. He sail, " Falser and Tinne; they close to-day at, 12 o'clock'. The men have been discharged, relatives and nil." 1 a-ked ii' it. wore possible—meaning that I regretted such inilu>frioiis men should be s'j unfurl unnte. I added thut it wus all the better for his engineers (MasefieldV) Green way replied, "It is all right. I have «ot the money, they (meaning Frazer and Tinne), have none." I understood, by the language of defendant, that .b razor and Tinne were unable !"O moot their engagements, and. hud beeom ■ bankrupt.

Cross-examined by Mr. MacCormick : I liave never heard until now that Frazer and Tinne discharged any men. It was not that one of Mr. Frazer and Tinne's men was discharged. There was no mistaking the language was to the effect that the plaintiffs had failed.

Mr. MacCormick: Did he point over the hill with his umbrella ?

Witness : I think it was a cigar he had in his hand, or between his fingers. (A laugh.) I taid I was very sorry.

Mr. MacCormick : And I suppose yoti pro> ceeded to spread the news as quickly as pos sible?

Witness : Indeed I did not. I told Mr. Thomas Kussell and Mr. J. S. Macfarlane of it the same evening. They also were very sorry to hear of it. Mr. MacCormick : Did you not know that there were several rumours about several people at thut time, and was this not one of them ? Did you not know that this was one, mifl thiit it was quite harmless ?

Witness : Harmless in a " Pickwickian" sense. There could be no mistaking Mr. Grreenwaj's neaning. I understood him to say the plaintiffs ha I become bankrupt, that they had closed their gales, discharged their men, and they could not meet their engagements;

John Goodall deposed to the same facts and conversation. He corroboiated the evidence of J Mr. Coohrane in every particular. James S-tewarfc, a publican residing in Princes-street, said the defendant was in the habit of calling at his house. About the time set out in the declaration, Mr. Greenway called at his house, and said he had heard " they were gone down in the Bay." Witness thought it might have been the brewery, and asked liim whether it was so. Defendant said, " No ; it was the foundry." Andrew Kirkwood, a" labouring man, said he met the defendants at Tom Johnson's (the Windsor Castle), at Parnell. Defendant sail tl.at Fraser and Tinne had " made a smash." I understood that the firm had failed. There was not much conversation after that.

This was the plaintiffs' case. Mr. MacCormick said the defendant's case was simply that he repealed what he had heard as common report. Christopher Greeuway, examined by Mr. MacCormick, said : I am not the owner of either of the foundries. I do not remember any particular conversation with Mr. Coch rane about the plaintiffs. We have spoken of the general business of the times. I have heard Mr. Cochrnne speak about Fraser and Tinne. Ido not recollect speaking about them. I never gave him to understand that Fraser and i inne had become bankrupt, except I mi^ht have mentioned a rnmour or generally street talk. The talk at that time originated with the difficulties occasioned by the Thames, and how bad he times weve. I had no conversation with Kirkwood referring to Fr&ier and Xinne. I may have said to Mr. Stewart " that one of Fraser and Tinne's men told me that several men had been discharged." The plaintiffs have never made any demand on me for an explanation. Nobody did so on their behalf. After I was served with the notice of this action I called on an 1 saw Mr. Fraser. I gave him an explanation, telling him that the rumour originated with one of his own men. Cross-examined by Mr. Whitaker : I may or may not hnve had conversation on the subject with Mr. Cochrane. I never mentioned the names of Erase.- and Tinne. I may iiave said "They're gone." I never mentioned the name : T swear I never mentiontd the names of Fraser and Tinn ■•. I never spoke of the " foundry down in Mechanic's Bay." I never referred to the foundry at all. I mean to swear the evidence of Cochrane aud Goodall is not true. Mr. Samuel Co< hraue is not a very particular man. I did not use the words imputed to me, nor anything like them, nor anything bearing the same import or meaning. I never alluded to the plaintiffs in any way.

Re-examined : I meant to refer to a man ii'iined Wiiii-h as rry authority in anything I may have ?aid to the witness Kirkwood.

The counsel for either sMe having addressed the jury, hi* Honor summed up. The jury retired to consider their verdict. The jury returned into Court, after half an hour's deliberation, with a verdict for the plaintiff on all the issues - damages, £50. His lonor certified for a special jury. i his concluded the civil business of the Circuit Court.

His Honor will sit in Chambers, in bnnro, >n Wednesday, aud in bankruptcy on Xhurs- ■ lav.

The Court rose at half-past nne o'cloc'.: