SUPREME COURT.

Dominion, Volume 5, Issue 1394, 21 March 1912, Page 3

SUPREME COURT.

ALLEGED .SLANDER. (By Tclerraph.-Special Correspondent.) Masterton, March 20. A case which Sir John J'indlay, counsel for tile plaintiff, described ns "uniquo ■in the annals 'of liritish justice in this Dominion, revealing, ns it did, the pitiful spectacle of a brother endeavouring to ruin the character of his own sister," was heard before his. Honour II r. Justice Edwards and a jury of twelve. Tin; plaintiff was Euriiy Tlinnphries, wife of Erank Humphries, farmer, of Clareville, and the deiciidniil George Walter Kempton, farmer, of the same place. Sir John Eindhvy, K.C., with him .Mr. Maunsoll, appeared for the plaintiff, and Mr. Smart for the defendant. The statement of claim set out that on or about August S,' lilll, tl<3 defendant falsely and maliciously spoke and published to one Alfred Ditysli, of Clareville, farmer, words implying (hut the plaintill' had been guilty of 'adultery and unchastitv with one Donald I'inlavson. The plaintiff further alleged that on July 11, litil, the defendant had falsely and maliciously spoken and miblishcd similar word.' lo one Norman Wilton, of Carterton, ami on or about September 3, 1(111, had used words implying that the plaintiff had been guilty of adultery and unehastity with one Donald Einlayson. The nlainlili further alleged that the defendant on July 11, 1(111, at Clareville, had maliciously spoken and published to one Norman Wilton, of Carterton, clerk, similar words, and on or about September 3, 1911, had made similar statements to Charles Edward Kempton, of Eeatherston. A sum of .£'2oo was claimed as damages introspect of each of the three causes of action.

The defence was a general denial of the use of .the words complained of, but if it wero proved that they were used, it was alleged that they were spoken lxma lide and without maiice, and with an honest belief in their truth, and upon an occasion that was privileged. After the oncning of the ease for the plaintiff counsel for the defendant abandoned the plea of privilege. Witnesses were called (o show that defendant had uttered the words complained of in the statement of claim and that there had been no impropriety on the part of Mrs Humphries. For the defence, Geo. Walter Kempton swore that he had seen impropriety between his sister (the plaintiff) and one Davidson on several occasions.

Tho witness was subjected to a searching cross-examination by Sir John Findlay, and further hearing of the caso was po'slponed until to-morrow.

CRIMINAL SESSIONS. At the Supreme Court this morning the evidence in the case in which Horace Carter was charged with the misappropriation of goods ami money, the property of John Lincoln Murray, draper, was concluded. His Honour," having summed up, (he jury retired, and relumed in half an hour with a verdict of guilty on the cnunls of misappropriating moneys and not guilty on the ennuis of misappropriating goods. The jury abn added a strong recommendation to mercy. His Honour admitted (lie accused, who had been in gaol since November .last, lo probation for eighteen months, and ordered him to pay .£lO 25., the cost of prosecution.