SLANDER ALLEGED

Evening Post, Volume CXV, Issue 37, 14 February 1933, Page 9

SLANDER ALLEGED

ACTION FOE DAMAGES

TAILWAGGERS' SECRETARY

CLAIM AGAINST A VEX

A campaign of vilification, towards him was alleged in the Supreme Court today by Percival Rhys Wingrove, secretary of the Tailwaggers' Club, an as sociation of dog-owners, to have been pursued against Mm by Fred Crossley, veterinary surgeon, of Tinakori Road, Wellington, Wingrove alleged that he had been slandered by Crossley, from whom he claimed £450 damages.' _ The case waa heard by the Chief Justice (Sir Michael Myers) and a jury. Mr. W. E. Leicester appeared for the plaintiff, and Mr. G. G. G. "Watson, with Mr,. H. J. V. James,'for the defendant. .PLAINTIIT' S ALLEGATIONS. The statement of claim set out that 'on- November 3, 1932, the defendant at His residence falsely and maliciously spoke and published of the plaintiff to Miss Edith Elizabeth Aitken, of Island Bay, a member of the Tailwaggers' Club, the following words:—"Do you know what sort of a man your'secretary is? Ho was practically kicked out of a house for lifting a dog off tho street to get a reward." These words, it was alleged, meant and were intended to mean that Wingrove had stolen the particular dog to- obtain a reward for flnd^ ing it. It was alleged that Crossley went on to -say: "He is well known in Newtown for that sort of thing. When a dog is lost people go to his house." The interpretation placed on this alleged statement was that the words meant that it was a practice of the plaintiff to steal doga and obtain tcwards for them. "What about the dog collecting affair?" Crossley was then alleged to have asked. On Miss Aitken replying that she thought the club was benefiting from it, the defendant, it was alleged, continued: "Wingrove makes a good thing out of that." Miss Aitken said she did not believe the allegation contained in the words,, and the defendant allegedly replied: "Don't tell mo that when a man has a character like Wingrove. I have been to the Mayor and shown him Wingrove's record." It was claimed that the meaning of the words was that the plaintiff made a practice of converting to his own use money collected by an Alsatian dog which has a collecting box strapped to its back. On January 13 last, it was alleged, the defendant called npon Miss Aitken, and after referring to a letter received from the plaintiff's solicitors, produced and exhibited to her a typewritten list of offences in respect of which he alleged the plaintiff had been convicted. The statement of claim also alleged that Crossley had slandered Wingrove before Henry William Petre, insurance inspector, and his wife. It was alleged that Wingrove had been greatly injured in his character, credit, and reputation, and particularly in his office as secretary of the club. The statement of defence denied that tho words were used by Crossley, and, further, that they were capable of the meaning attributed to them in the pleadings. GROWTH OF CLtJB. Mr. Leicester, in opening his case, said that since the inception of tho club Wingrove had received £2 a week as the secretary. It was a whole-time job, and Wingrove had put much energy into his. work. From a few dog enthusiasts the club had grown in a year to have a membership of 1900. Early in the'history of the club Crossley was asked if He would be willing to give free advice to members, but Crossley turned down, the proposition. It was proposed to submit that Crossley had set out to smash the club 'by smashing its founder* The question of the relevancy of Wingrove's past record to, the ease was raised by the Chief Justice. Mr. Leicester pointed out that the plaintiff did not desire to seek to conceal or hide the fact that he had been in trouble in the past. , The Chief Justice said that liis view at this stage of the case was that there were two issues: (1) Were the words complained of used? and (2) what wero their meaning? \ He could not see how the other matter was relevant at all. The first witness for the plaintiff was Edith Elizabeth Aitken. After she had given evidence along tho lines of the statement of claim, she was crossexamined at some length by Mr. Watson. I>LAINTIKE"fe CHARACTER. Mi-. Watson asked witness if she did or did not know that Wingrove was a man of general bad character and reputation. Witness asked counsel whether he was talking of tha present or the past. Tho Chief, Justice: Anyhow, what does it matter? Mr. Watson: Surely, sir, I submit with respect and confidence that the plaintiff's general character and reputation is a matter.of vital importance in a libel action or slander action. The Chief Justice said he was not so sure; .it might or it might not be. If a man had had a bad reputation and was endeavouring to live it down, no one was entitled to go to him suggesting he was a thief. His Honour said he was not suggesting that was the position in :the present case.. Counsel, however, could put his question to Miss Aitken if he liked. Miss Aitken said she spoke pi Mr. Wingrove as she knew him. He was a man. of good character and reputation. , Mr. Watson: Did you take any steps to investigate his character?—l questioned Mr.. Wingrove regarding „ his character. , ■ ' Mr. Watson' produced a slip of paper .and asked witness if she had seen "this list of; convictions." .Miss Aitken said.-she was shown a list. of convictions handed to her by Crossloy, but she was unable to say whether the list produced by counsel was the one she had seen. The convictions dated, from 1921 to IS2SK What she was concerned with was Wingrove's present character. . Replying to another question, witness said she did not know Wingrovo was still on probation when he formed the Tailwaggers' Club. Witness was next questioned about the appointment o& a veterinary surgeon to tho club. Sho said that a veterinary adviser had been appointed, and admitted that he used the letters "L.1.0.5." after his name. She knew that the letters stop.d for "late inspector of stock." ! Miss Aitken was followed by Henry William Petre, who gave evidence that Crossley had called on him and had spoken to' him about Wingrove. (Proceeding.)