ALLEGED SLANDER

Dominion, Volume 9, Issue 2858, 24 August 1916, Page 7

ALLEGED SLANDER

ANOTHER TE HORO CASE

AN ALLEGED STATEMENT

REPUDIATED

£-'-'Another phaso of the- troubles between certain sheep-farmers of To Ho'ro in connection with allegations of ahecpBtealing was ventilated in the Supreme Court yesterday, before Mr. Justico Edwards, when Edward Gerald do Mey sued -Roderick Dickson Harkness for £501 damages' for allogod slander. De Mey" olaimcd' froni Harkness damages for saying to him, on Jiino 14, and allegedly : in"the. presonco of one George Bills, "Yoir are afraid to sell "sheep at Otaki and "Waikanno. You took RyderV sheep,' 1 meaning thereby 'that the'plaintiff was a sneop-'stealer ■and 'afraid to eell sheep at places so 'close to Hk farm as Otaki and Waikanaij lest 'they should bo recognised, 'and that-he had stolen, sheep from -Ryder. •' ' ' '■■"'

The defence was a denial' of tho use of, the words. .Mr, T. M.' ; Wilford apCed for tho plaintiff, and Mr. M. rs' represented -the defendant. Mr. James Thawldy 'wjis foreman of the jury;' ■ •"■';■-■

Mr. Wilford 6aid the question was whether'tho defendant used trio words alleged. He pointed- out. that it was • no'-'uncomrnon thing fot sheep to stray, and on most-farms at mustering time stray sheep were found, and the custom, amongst good farmers was to return the sheep to the rightful ownerß. On Juno 14 Harkriess, who occupies b property adjoining that'owned % de Mey, was at- his work on his place, when a conversation' occurred between the parties in connection, with sheep, and in the .course of that conversation Harkness charged do Mey with being a sheep-stealer. He'directly stated t-hatde Mey took another's sheep, and 'that'he was afraid'to sell his sheep in the saleyards hear by for fear they would be recognised. The defence was not that the):words .wore not uttered, but that Harkness' (the defendant) did ■ not use them. Harkness, said 1 counsel, was' alleged to have used tho words in .the presence of one' George Bills. The plaintiff, Edward Gerald.de Mey, gave evidenco in -support of counsel's statement. He detailed the conversa'tion with-Harkness and the alleged use of the words complained of., . A Signed Statement. ■George E. Bills, a youth, who'said ho was .employed, by Harkness, denied .hearing any convefsation-;-between the parties on the day in question. He denied having made'a Statement to an.Tqno that he had heaKl-Harlcness' make use of the words which complained of. '■''■■'■':/' '":'

. Mr. Wilford at this -stage desired tfl put hi a statement signed by;the witness, but His Honour held that it would bo neces6»ry first'to prove;'that-tho .witness was hostile. .-/-.-■

Answering further questions, witness stated that he had signed a statement 'which was to tho effect that he had .heard the 1 words alleged to have been used by Mr. Harkness. He explained that while on his way hack from Otaki he met de Mey on the road. They had .some conversation, .and de Hey inyited him into his house. De Mey then -w'roto but' a statement and said 'to'-wjtnesß: ''Sign your name here;" -Witness did ■ so, and tho. statement -was 'then'-'read over to him. • He did not 'say then whether the statement' was true or untrue,, neither, did he offer any. | objection to the'manner in whioh-'his- signature was obtained.. ....''.

.-■•ln reply'to Mr. Myers, witness said j-he wae -about;io years of'age..,He failed to pass the fourth standard.- De Mey told witness that if Harkness gave him (Bills) .the-.'sack he would give him a job at £2 per week, and would also find his father in workV This was before he ;signed the statement.' ■■'''.' -', ■

'The, statement alleged to hay© Been signed' by Bills; and which was handed in by Mr. Wilford,' was as follows:— ■' ',% George ErnesVßills,- son of : Ernest, Bills, who is milking on shares for one'R. Harkness, of Te Horo, do this day make a/stat^- . nient'to the effect that I was in company with R.. Harkness when the following..; conversation- took ' place:-T7-Mr. Harkness said to. Mr. de Mey'that he, was afraid to sell sheep at Otaki and Waikanae; also . • that he took a Mr. Ryder's sheep; also that if he .was .drawn, into

.Court he would: give, Mr. E. do Mey , hell,— (Signed). George Ernest Bills. Witness, Stanley Soper." :,., Richard Stanley Soper, "de.-'Mey's partner in the farm;" testified to witinessing the signature of Bills to tho .statement. -, He did, not hear- the conversation, between do Mey and Harknesa, as. he was not present. 1 ' Plaintiff Nonsuited., 'At the conclusion of the case-for the plaintiff, Mr:- Myers asked for a nonsuit, as there was-no'proof that the words' alleged to have been uttered had been heard by a- third person., . Mr. Wilford said that.he was in an, unfortunate position through a witness onwhom he had'relied repudiating Ms written statement. His Honour said that in the absence of proof of publication he was bound to nonsuit tho plantiff, with costs according to scale. ..