SLANDER ACTION

Hawke's Bay Herald-Tribune, Volume 81, Issue 51, 23 November 1937, Page 6

SLANDER ACTION

ffrculatioii of a Rumour Leads to Claim LIABILITY ADMITTED Payment o£ ti© full amount of damagem by way of an uncontlitional admission of liability, ended a slander action brought by William Banbour Moon, an Imperial Axmy pensioner, of Hastings, against a married voman, Mabel Whetstone, also of Hastings j in ^ the Hastings Magistrate's Court this morning before Mr. J. Miller, &.M. The sum of £10 was claimed as daxnages followtng xemarks xegarding tbe plaintiff allegedlv mad© by defendant on July 1, 1936- ' , ^ Mr. W. E. Bate appeaxed for the plaintiff, and Mr. W. Selwyn Averill for tbe defendant. ITia -vp-ords upon which the action was based, alleged to bave been made by tbe defendant to acquaintanees of tbe plaintiff were: fJThe Legiop. will never do any good while Bill Moon is coniiected "with it. He started a branch of ihe Old Contemptibles and collected funds and then went to Australia on tbe proceeds." , As it was considered tbat the defen- . dant meant by tbe remark that plaintiff bad committed theft, the plaintiff ~had suffered severely in bis credit and reputation. "Mr. Moon bas bad a long and honourable qaxeer botb in th© English Begular Army and in tbe Indian Army Forces, holdlng a high non-commission-ed xank for a period of some years," said Mr. Bate. "This fact is in itself a guarantee of a bigb standard of bononr integrity. He was on© of tbe 'Old ContemptiblesT in tbe early stages of tbe Great War. Mr. Moon after xetjfing from military life came to Hastings some years ago. Tbronghout this period be bas been keenly intei ©sted Uj the welfare of ex-service men and more particularly those who served witb tbe Imperial Forces. For some time be bas been honqrary secretary of tbe Hastings branch of the Britisb Legion.

* "During the last twelve or eigbteen months Mr. Moon bas been acutely - conscious of the fact that for some inexplicable reason bis credit and reputation among hi^ friends and acquaintanees bad suffered. This bas caused Tiim great deal of distress. It was oaly recently tbat be was mad© aware that this was due to a very damaging and entirely false rumour wbicb bad bfeen circulated concerning liim. As a result of bis inquiries he ascertained that. Ihe defendant, Mrs. Mabel Whetstone, bad participated in tbe cireulaiion of this rumour by tbe publication of tbe words complained of. in. the statement of claim. An apology was asked for and refused. Mr. Moon thereupon brongbt tbese proceedings fflaiming nominal" damages only solely for tbe purpose of vindicating bis characfter and . re-establishing himself in tbe esteem of bis friends and acquaintanees. The defendant thereupon elect,ed to pay tbe full amount of the damages and costs by way of an unconditional admission of liability. In these circumstances tbe plaintiff is content tbat tbe case should be struck out." Mr.. Averill stated that the course followed bad -been taken because of the poor health of the defendant, although be bad advised ber to defend the proceedings. A medical certificate of health was produced, and Mr. Averill submitted that in ber present etate of health, any publicity would be nndesirable. He asked tne Bench to recommend tbat defendant's marae be uot pnblished. - Mr. Bate:. I am instructed tp oppose this suggestion. My client has had to suffer a good deal of undesirable damage to his reputation. "This is not a criminal action, and 1 bave mo power to make an order,,1: said tbe Magistrate. "It is a matter entirely for ihe Press." Judgment was given for tbe plaintiff.