Alleged Slander Case.

Feilding Star, Volume XVI, Issue 85, 4 October 1894, Page 2

Alleged Slander Case.

At the S.M. Court this morning, before Mr Brabant, George E. Bentley charged Byron de Winton with having used insult* ing language to him on September 29, at Feilding. Mr Sandilands appeared for accused. George E. Bentley deposed : On Saturday evening, September 29, he was at the entrance to the Assembly Booms; defend ant was a botanist, lecturing in Feilding, and remarked to witness in an interview that the attendance at his lectures were small ; this resulted in witness writing to defendant making a proposal that for the consideration of 10s he would debate the subject of Prohibition with him, remarking that if the debate was made publio it would draw a crowded house; while in conversation with Mr Hay bit tie, after this letter was written, defendant used the words, amongst others, "Yon are an unprincipled hypocrite who would sell yonrsolf to anyone for half a sovereign." Cross-examined : Contributed oocaiion ally to the Lyttelton Times; was here about six months ; had voluntarily applied for a prohibition order against himself; it was with the idea of benefiting Mr de Winton that he wrote the letter ; it was not that he was ashamed of the letter that be did not wish it made publio ; was partly engaged in literary pursuits and gardening ; these words were made use of three or four yards from the street ; there were several other persons present at the time ; defendant seemed annoyed at wit ness* proposition ; defendant ordered witness to leave and said be would not allow witness to speak in the hall. Tho letter received by Mr De Winton which caused the words objected to being used was handed iv as evidence, and read as follows : — " Foilding, September 20, 1894, " To Mn De Winton, 14 Hastio's Hotel Feilding, " Dear Sir, — An idea has occurred to me which, if given practical offect to, would, I am convinced, be a decidedly profitable investment for you, and it is this :— -I am one of the most prominent membori of tho Feilding Debating Society, having on numerous occasions taken the initiative in our discussions either pro or con. I have also taken a very active part in the debates of the local Mutual Improvement Society. As a journalist, too, I have frequently contributed to the columns of the Fkilding Star. The natural sequence of all this is that I am probably one of the best known men in Feilding ; and such being the case, if you and I can arrange to publicly discuss the much-vexed question of ' Prohibition ' from tho Assembly Room platform, I am certain the buildin" would bo crowded to tho doors. Personally, I am a strong anti-prohibi-tionist and I have fought the priuciplo and its leaders through tho Lyttelton Times, Oauterbury Tiweu, Christchurch Star, and tbo Christchurch Press. I have debated tbo subject both in the negative aud affirmative (in order to promote duicussiOD) at lecwit meetings

of the above-named societies. I may fairly claim to be thoroughly conversant with it. If you will give me half-a* sovereign I will undertake to discuss the merits or demerits of Prohibition with you publicly, any evening you like to appoint during your stay here I think I can also secure Mr Frank Lethbridge as chairman for the occasion. I again assert my implicit belief that the place would be packed, if the event were properly advertised; and you would of course know how to profit by the large attendance. If you cannot see your way clear to entertain this proposal— well, there will be no harm done by the writing of this note. If ati contraire it com* menda itself to your consideration, I shall be happy to see you with a view to arranging for a discussion. I I am, etc., | G £. Bentley. Late " Busticus " Canterbury Times and Cbristchurch Star. B. F. Haybittle deposed : Was present on Saturday evening when he heard Mr de Winton and Mr Bentley in conversation ; this was just inside the hall door ; beard defendant aay he was displeased with the letter he received from plaintiff; heard defendant say he was not a man to do business that way, and he considered him (Bentley) a contemptible hypocrite to argue pro or con. Cross-examined : The words were used in the ordinary tone of voice; did not think the words could be heard in the street. By the Bench ; Did not think the words were intended to be insulting. Mr Sandilands submitted that the words complained of- were not made use of in a public place, and asked that the case be dismissed. His Worship upheld the objection and dismissed the case, with cost 4s and solicitor's fee 21s.