SUPREME COURT.

Evening Star, Issue 4179, 19 July 1876, Page 2

SUPREME COURT.

CIVIL SITTINGS. Wednespay, July 21. (Before His Honor Mr Justice Williams and a special jury.) . DEFAULTING JURORS. Joseph Anderson, John M'Gregor, and Alex. Sutherland were each fined L 5 for nonattendance. MICHAEL O'IIEIR V. JOHN BARNES. This was an action for LI.OOO damages brought by Michael O'Heir, a brickmaker, against John Barnes, Inspector of Works for the Corporation of Bunedin, for an>allcgcd libel contained in certain letters addressed to the C.-ty Council. Mr Macassey appeared for plaintiff"} Mr Haggitt, with-'him Mr Chapman, for defendant. -

The declaration set forth (1) that defendant was employed by theMtmlcipalCowlojr of the City of Dunedin, and that It was h> duty, in that capacity, to. superintend and report on any works being carried Out by the said Council. (2.) That before the commission of the grievance complained of, tjo plaintiff was a manufacturer of bricks at Anderson's Bay, and had entered into a contract with the Municipal Council for supplying brioka for the construction, of a sewer in St. Andrew street. (8.) That the defendant, wishing, contriving, and intendilig it to be believed that the plaintiff had been endeavoring to tamper with and bribe him, and induce him to neglect and saeriftee the interests of the Municipal Council, falsely, wilfully,, maliciously, and in a defamatory sense wrote and published of and concerning the plaintiff the words following in a letter written and sent by him to the Municipal Council:— ««Mareh 3lst, 1875.—T0 his Worship the Mayor and members of the City Council.— Gentlemen, —Having found some money left in my office, in Union street Quarry, on the desk, under peculiar circumstances, I think it is my duty to deliver it to you, as it does not belong to me. It is the sum of L 4 in notes. Their numbers is B-D 11,400 B D 28,259, No. 7,374, BD 47.64S of the National Bank of New Zealand 1 spoke to Mr Mirams about it when it waa left, and I have heard no more about it. So I deliver it into your hands, and you can treat the matter as you think proper.—l am, &c., John Barnes." And also in the words following, " The L 4 that was left on my desk at Union street Quarry was left by Michael O'Heir," meaning by the words aforesaid that the plaintiff had, prior to the writing by defendant of the words aforesaid, left a sum of L 4 as a gift or bribe for said defendant, in order to induce him to act dishonorably in the discharge of his duties as Inspector of Works. The defendant in his pleas admitted writing the letters to the Council, andstated that on one occasion plaintiff offered him LlO as a bribe, which refused. That subsequently plaintiff tendered him L 4 at his office at the Union street quarry, and that the money was refused; but plaintiff afterwards put the money there.

Mr Macassey in his opening remarks Stated that the accusation was untrue, and that in making it defendant was actuated by malice.

Michael O'Heir, *he plaintiff, said : There in no foundation for the statement that I left * LA at Mr Barnes's office, or that I caused or procured it to be left for him. I never offered Barnes LlO to pass bricks which he had condemned. I saw the statement of Mr Barnes that I had left the L 4 for him reported in the papers. This statement has done mc harm. Those who used to patronise ,f 11 e never came near me afterwards. I swear * . positively and solemnly there was no truth in the statements made by Mr Barnes. By Mr Haggitt: Mr Barnes used to tyrannise over me by breaking my bricks. I would never have taken up my tender had I known that Barnes was to be Inspector for Works. [This witness was under cross-examination at 3.30 p.m.