A PECULIAR CASE.

Gisborne Times, Volume XXV, Issue 2124, 5 July 1907, Page 1

A PECULIAR CASE.

A DENTIST’S SQUABBLE ' At the Ashburton Magistrate's Court on June 28tli, before Mr. V. G. Day, S.AL, Arthur Lonsdale Zouch, dentist, Ashburton, was cliargon that ho did exhibit an offensive writing, to wit, a copy of a letter from him to Vernon JL’ercival Boot,

wherein ho referred to the complainant, Charles William Seymour, as “C. W. Seymour, tho mighty president of the Ashburton Dental Society a bald-headed elderly person like yourself,“ and also as , ‘‘Seymour, tho unkissed,” in the windo\V of his business premises in Tancred street, Ashburton.

Mr. Harvey appeared for tlio defendant, and pleaded not guilty. Mr. Buchanan appeared for the complainant, and said the information was laid as a complaint for suroties of the peace.

The Magistrate allowed an amendment of the information in this direction. Mr. Buchanan said tho caso was laic' under section 8 of tho Justices of the Peace Act, sub-section 3. For some time past, counsel said, defendant had been keeping an open window at his premises and placiig letters therein. The case wa's only brought as an example. Vernon Percival Boot, dentist, said on June 17th he had received a letter from Mr. Zouch, which refefred to a copy of the same which was posted in Mr. Zouch’s window. None of the allegations in the letter regarding witness were true. The Magistrate: ‘‘About being unkissed.?” Mr. Buchanan: This is not Mr. Seymour.

His Worship: Oh, you’re not the one referred to as being urikissed? Witness: No. His Worship perused the letter which was produced in evidence. AVitness said he had compared the letter with the one in the window. There had been no ill-feeling aB far as he was concerned. He had not made any objectionable remarks about Zouch in a refreshment room. He would not object to being called a bald-headed man ,and had been kissed in his life. He thought there was some reflection to suggest, that a man had been unkissed. It would possibly affect him, anl hold him up to ridicule. He would not consider it offensive to be called the “mighty, president of the Ashburton Dental

Society.” Charles AVilliam Seymour skid that the letter in Mr Zouch’s window was easily noticed. He considered the statements in the letter concerning himself most offensive, and likely to provoke a breach of the peace. He objected to being called “mighty” and “bald-headed.” He Was not bald-headed, and considered it a libel. Ho objected to his name being placed iii the window in that way, even in flatterv. It was not true to say that he was unkissed. He had never tried to get the doctors to boycott Zouch. The dentists of Ashburton were members of the New Zealand Dental Association, and as such they had to conduct their business on professional lines, and could not advertise. As a Society, they had asked the doctors to keep up the status of the profession, and not to assist dentists who would not draw

into line. They did not give Zouch notice of this.

The Magistrate : In wliat direction will it lead to a breach of the j)eace? Are you going to assault Zouch, or is Zouch going to assault you? AVitness: I am not going to attack him.

David Thomas said lie had seen tile letter in Zouch’s window, and considered it offensive, and subversive of the order <>f the town.

His Worship said the case would be dismissed. If Boot had brought the prosecution there would have been something in it. There was nothing in the case as far as Seymour was in it to justify him in binding defendant over in sureties. Mr. Harvey said he had advised defendant not to write any more such letters.