NEW TRIAL JUSTIFIED?

Auckland Star, Volume LIX, Issue 229, 27 September 1928, Page 8

NEW TRIAL JUSTIFIED?

ACTION FOR SLANDER.

SUSPICION OP PERJURY.

COURT OF APPEAL TO DECIDE.

(By Telegraph.—Press. Association.)

WELLINGTON, this day

Jhe Court joi Appeal ig hearing tlie case ;of J. G. Maher, of.Mungaroa, farmer, v. L. Johnson,, of Upper. Hutt, ( an appeal from the ; order oj" .Mr. Justice Ostler granting a new jfrial. The ,action, which, was for an alleged slander, was tried in the Supreme/ Court on May 17 and. Iβ. There were three cause? of action, each slander involving the. allegation that appellant had stolen two heifers arid a *' On'two of the eauies a verdict .was founa foi"the appellant and £150 damages was awarded on each, £300 in all. I » ■ J ,'.;•

After, the. judgment; the res{<Ottdent motion for a new trial, mainly on the ground that Leslie Benge, a witness for the appellant, had'been guilty of perjury upon a material matter. It was alleged that on. the afternoon of the second day of th.e .trial this witness admitted to the respondent and his solicitor" that' he 'and his " brother had removed two heifers and a 'bull'by themselves, and that the evidence brought by respondent to this effect was true. .On the same day, it was alleged, Benge. said to a witness for respondent: "You know Maher went for me something dreadful, an<l made me say what I did." , Evidence a s to these facts was brought by affidavits on behalf of the respondent, and was accepted as true by M.r. Justice Ostler, who, in ordering a new tria*. said: '"Plaintiff' relied 6n £he evidence of Leslie Benge and Douglas Benge as a defence to the allegation that he had stolen these cattle. It was most material to his ease. Without that evidence hisdefeuce of a mistake would have been cut from under his feet. This would, in mv opinipn, have affected the result of the trial, for it is impossible to say that the jury did not rely on this evidence in finding for the plaintiff." Appellant now prays that the original order of the Supreme Court should stand.