SUPREME COURT.

Evening Star, Issue 4180, 20 July 1876, Page 2

SUPREME COURT.

CIVIL SITTINGS.

Thursday, July 20.

(Before His Honor Mr Justice Williams and a special jury.) O’HEIR V. BARNES, Action to recover LI,OOO for alleged libellous statements contained in letters ad* dressed by defendant to the City Corpoiation. Mr Macassey appeared for plaintiff, Mr Haggitt, with him Mr Chapman, for defendant.

His Honor over-ruled the two nonsuit points raised by Mr Haggitt yesterday, viz., (1) that the words in the two letters written by defendant to the City Council would not reasonably bear the defamatory meaning ascribed to them; (2) that the alleged liblr was published with correspondence which was privileged, and there was no evidence of express malice to take away that privilege. Defendant, in the course of his evidence, said he had been employed as Inspector for the Corporation for three years, and that he never knew O’fieir, the plaintiff, previous to being so employed. O’Heir was in the habit of supplying inferior bricks, and witness had to condemn them. On Feb. 14 O’Heir came to his house and offered to give him LlO if he would pass some bricks which had been condemned and were lying in St. Andrew street. His housekeeper, Elizabeth Hutton, was in the adjoining room and overheard the conversation. Witness refused the money, stating that he would be unfit for his office if he accepted it. On another occasion O’Heir offered to give him half the bricks condemned if he would pass the others. O’Heir next came to his office one Monday forenoon, and offered him some notes, stating that he would make it up to LlO when he drew more money from the bank. Witness refused to take the money, and O'Heir placed the notes on his desk. At that moment he was called out by a workman named Murphy, He was only absent a moment or two, but when he was returning he met O’Heir, who said, “ Lleft the money.” Witness told him he had no right to do so, but O’Heir mounted his horse and rode away. The letters were written by his daughter-in-law, as witness could neither read nor write. T he names of O’Heir and another contractor, who put a bundle of notes in his hand, were forced from him reluctantly by the Corporation. Several other witnesses were examined for the defence. [Left sitting.]