BROTHERS AT LAW

Evening Post, Volume CVIII, Issue 137, 6 December 1929, Page 12

BROTHERS AT LAW

BOUND OVER TO PEACE

OFFENSIVE CORRESPONDENCE

(By Telegraph ._p r e SS Association ) AUCKLAND, This Day. Two well-known brothers, Campbell and Hallyburton Johnstone, were the principals in a Police Court case today when Campbell Johnstone proceeded against his brother and asked the Magistrate to order him to find suretWtovkoaiP th,° Peaee> CamPkell alleged that his brother had within the past six months at Avondale exhibited offensive writings on envelopes of letters addressed to him care of various local bodies of which he was a member. The envelopes were addressed to him as follows: "Campbell Johnstone, man who pleads the Statute of Limitations care Auckland Harbour Board; care Raglan County Council; and care Waikato Hospital Board." The complainant declared that such conduct on the defendant'st part was likely to cause further annoyance and perhaps a breach of the peace, as Campbell is actually a member of the local bodies referred to.

Counsel for Hallyburton undertook that his client would stop such writings in future, and the Magistrate then bound the defendant over in a sum of ~10 that no future annoying letters would be addressed to his brother. After complainant's counsel had stated that his client was a member of the local bodies mentioned, Mr W Noble, counsel for the defendant, interjected: "And the man who pleads the statute of limitations."

Mr. Holmden (for the plaintiff) said it would be necessary for him to refer to some early history in order to show the mental attitude of HaUyburton Johnstone. The parties prior to 1917 together with another brother, Lindsay, who was drowned in 1917, were partners in a farm at "Whata Whata and another at Ngatea, while they were also mixed up in extensive cattle dealing transactions. After Lindsay's death differences arose between HaUyburton Johnstone and his deceased brother's widow. This resulted in litigation, and the case was heard before the Supreme Court by Mr. Justice Cooper. It lasted three or four days, and then a settlement was effected. However, said counsel, trouble afterwards commenced, and in a letter written by him HaUyburton Johnstone said: "What did I find? I've been swindled out of £10 - 000. Your lawyer,' with Ostler's help swindled me out of £10,000." The Magistrate: "I am not going to bother about all this past history. No man should write letters like that or write what defendant has written on the envelopes of letters dispatched to his brother." Mr. Hunt asked Mr. Noble what he had to say about it. "My client has committed no offence at all," said Mr. N»oble. "There can be no offence unless a breach of the peace is committed."

Mr. Hunt: "Your man might continue writing such letters and the other man might meet him in the street and strike him."

Mr. Noble: ""Well, if that occurred it would be Campbell Johnston© who would have to be bound over." "I could bind the two of them over," said the Magistrate.