SUPREME COURT ACTION.

Gisborne Times, Volume XXVI, Issue 2290, 8 September 1908, Page 2

SUPREME COURT ACTION.

JOSEPH BURKE SUES THE GISBORNE TIMES CO., Ltd. PLAINTIFF CLAIMS £250 DAMAGES. As a result of the publication of a paragraph in the “Gisborne Times” of August 27, a writ was issued yesterday on behalf of Joseph Burke, hotelkeeper, against the Gisborne Times Co., Ltd. Tbo statement of claim is as follows:

Tho plaintiff, by his solicitor, Harold Ernest Bright, says:—

1. That ho is the holder of a l’ublicau’o License under the Licensing Act now in force in the Dominion of New Zealand carrying on business at the “Record Reign” Hotel in the Town of Gisborne in the County of Cook and that the Defendant is a Company incorporated under the Limited Liability Acts carrying on business at the Offices of the Company an. Peel Street Gisborne.

2. That, tho Defendant on tho 27th day of August last falsely and maliciously printed and published at Gisborne in the Newspaper called “The Gisborne Times” at of and concerning the Plaintiff in the conduct of his business as a Publican a false malicious and defamatory paragraph in the words and figures following:— “A local station-owner called at this Office yesterday to giro particulars of a ‘lambing down’ ease. He stated that a man employed as a fencer on his run came into town a fortnight ago on his way to Auckland for fleet week. He had a wages cheque tor £37, as well as £7 10s which lie obtained by selling liis horse, and after ail absence of a little over a week lie landed back at Ills employer’s run with an empty pocket, and suffering from an attack of delirium tremens. His statement is that ho got his cheque cashed by a Gisborne hotelkeeper, who gave him no money in return, but.simply permitted him to get drunk. When lie had been drinking for a few days the landlord sent a man with him to a local clothing establishment where he was fitted out with a cheap ready-made suit. After a drinking bout of fivo or six days lie was taken to tho lock-up but on being applied to the landlord paid the £1 necessary to bail him out. A few days later he was told by the Publican that all his money was gone, and that he had better get off home. So lie missed Auckland and tho fleet, lost over £4O in cash, and seriously jeopardised his life as the result of a foolish drunken spree.” Meaning thereby that a man employed as a fencer upon a run in Cook County aforesaid came to Gisborne with the intention of proceeding to Auckland to see the American fleet and became a lodger at. Plaintiff’s Hotel with a cheque for £37 and another sum of £7 10s either in a cheque or cash both of which sums were obtained fronrhim by the Plaintiff who wrongfully and fraudulently intending to retain the same for his own use and benefit supplied or permitted to he supplied to the said fencer alcoholic or fermented liquor until he became drunk, that the Plaintiff in pursuance ot the same intention continued to supply the said fencer with drink for several days during which time the Plaintiff kept him at the said Hotel and for many days further kept him constantly under the influence of liquor in a drinking bout, that thereafter tho Plaintiff sent him away from his Hotel having retained the sum of over £4O in cash by illegally and improperly serving the said fencer when intoxicated with liquor the Plaintiff stating that all the fencer’s money was gone, that the Plaintiff had supplied the said fencer during this period with such excessive quantities of intoxicating liquor that, when he returned after little more than a week’s absence to liis work upon the run aforesaid he was suffering from a severe attack of delirium tremens the consequence of such illegal and improper supply of intoxicating liquors by the Plaintiff to him and that from the same reason the man had seriously jeopardised his life. 3. By reason of the premises the Plaintiff was injured in his credit and reputation, and in his said business. Wherefore the Plaintiff claims the sum of £250 damages and prays for such further or other relief as to this Honorable Court may seem fit.