LIBELLOUS WORDS

Gisborne Times, Volume LXX, Issue 11131, 14 February 1930, Page 5

LIBELLOUS WORDS

SERIOUS ALLEGATION AGAINST RETURNED MAN.

AWARDED' £35 AND COSTS

(Press Association.)

INVERCARGILL, Fob. 13. Damages to tlio amount of £IOO wero claimed by Herbert Campbell, of Waikawa, farmer, in an action against Robert Hamilton, senior, of Waikawa, farmer, in the Magistrate’s Court /at Invercargill to-day, Plaintiff claimed that on April 20, 1929, defendant falsely . and maliciously wrote and published in a letter to David McDougall, M.P., these words: “I also object to this Mr. Campbell as <a> neighbor as it is not long since he camo out of an asylum and is a dangerous fellow when annoyed.” Defendant, it was claimed, meant thereby that plaintiff was a man of unsound, mind on occasions, who committed acts of violence towards his neighbors, and was a menace to the community. By reason of this statement plaintiff’s reputation, it was alleged, had been injured. Mr. Hiall Jones, for plaintiff, stated the facts of the case, and said that Campbell was a- well-respected man, a returned soldier who had suffered wounds, and had the misfortune to spend some time in a mental hospital. Tho. grounds for his action arose when he was applying for a section of land. He had then been free of mental trouble for several years, and tho statement, it was claimed, was .made with slanderous intent to i/rejudice his ohancos.

Tho defence raised the plea, of privilege. The Magistrate, Mr. Ewing, said the statements were undoubtedly libellous. Per se the suggestion that plaintiff was a dangerous fellow was a very unhappy and a serious one to make. It had been proved conclusively that plaintiff was a law-abiding citizen who was held in the highest respect by all who knew him. Even had he found that qualified privilege existed it would have been overridden by malice ini the evidence by defendant. The magistrate fixed the damages at £BS. with costs against defendant.