AN OTAKI CASE.

Horowhenua Chronicle, 30 August 1911, Page 2

AN OTAKI CASE.

CLAIM FOR £1250 DAMAGES ANT) INJUNCTION. ARISING OUT OF.ALLEGED SLANDER. (Manawatu Standard)., .The case in which C. A. *\V. Monckton sued Byron Brown for GT2SO damages for alleged .slander, and -moved for an injunction, was heard at the Supreme Court, before his Honour tho- Chief Justice and the following jury : —Messrs R, W. Sincthiir (foreman). A. Cow Vun. Kobbie Jnr. Davidson, Lgbert Pratt 'G \V. Hills. S. Kirkland. •Inr. Kietfinan. T. IT. Lane, .Jnr. Tait, W. \\. Roynwin, and G. W. Koebler.

Mr Morrison, with him Mr Cooko, appeared for plaintiff, and. Mr Tripp for defendant.

Mr Morrison, in opening tho easoi said the plaintiff was a she-op farmer and dealer in stock, and Mio <1 of endout was the bead of a stoivkoopina; business in Otaki. Tin- action was for alleged .slander affe-.-t ing plaintiff's commercial credit. If a single isolated .statement bad been dropped Mr Moncklon would, have ignored it. The slanders in this on«o, however, were, it was contended, of repeated occurrence, and had a currency from November of last- year to June of tV. , present year. Counsel read live si ;-h events alb god to have bee-n made at various: times and to different i)enple by defendant, which statements concerned plaintiff's transnetiens in relation to promissory notes. Mr Monekton. who was a New Zealander. had bold a position in New Guinea, under the British Government, for thirteen years before returning.: to New Zealand to settle. Mr Brown bad filed defences tbot his statements wove privileged. This was iint n polit-al slander in anv sense of the word, and was not a political action. Mr Monckton did endorse the bill for Mr Strawbriderv who die-] hs the result of an accident. This bill was pavahlo to Mi , Brown, and was renewed several at Mr Strawhrid<:e's convenience. TCventiinlly. after the. action to Mr Strawbridge, tho bill was disiivonmired. the notice of dishonour ari'ivino: diirincr the nbsenoe of Mi , Monckfon. Tt was a ouestion of how many renewals—whicli wero for Mr Str-nwhridso's accommodation — W'.-vc endorsed by Mr .Monckton.

Tllr: EVIDE.VCI'I

The first'witness was Shinier Boattie. .Tanuary 20. 1011, Mr' Brown said to him, "Don't think Monokton i.s a Avealthy man. You can get that off your mind, Beattie. His paper is being dishonoured throughout tho district. 1 only wish T. 'had (lie value of the paper itself on which the bills are written. Suroly. as a bnsineses man, 1 oujcflit to know what i am talking a'bout, and what. I tell von is correct."

C'r'ss-examined, he stated that Brown said that '"' everyone in the district was chasing Mouekton foi' money.' , "Witness and Brown were cTi.ittins together in ifoc train on the occasion.

T?'' , -exaiiiinr'd by ~Sh- Morrison: Tlie conversation \\'as loud enough to lie heard hv any one in the immedi'itu vi'-ini'tv.

lioland N. Ynun.f];. >Nt Manakan for the Lm.n and Mercantile. Co, stated that Mr Brown had made a statement to him alvrvut the end of the rear, flbnnt 7\IY Monekfon, "Witness was at Mr i?ro'.vn's -offiγ-o. and (lie conreisatioo on wlitics. -ss said to TSfv 'Ri , o*,vn. "we will have n Ivavd row to line tin's year Willi Mon-M'in. , ' ~\\y "Rrnwn s'li'l. "?.F'<>nr]»-fon. "W-l'o is tnn ? He pullod a lmiul'o of ]>a]iers o'lt '>f tlie s'ufe rm , ' throw them to witness, sayim;, "Look at these: all Ills dishonoured pi'ier*. T bavrmore di.vlinnoni'od liaporK of Afoneklon's in inv safe tbnn 1 rver had : .before. ,, did not examine the napei's. ~\lr I'.i-omii ("ontinned. (i ! first ad'io-1 ?! pf.r en l !., then •") pen eienr.. then 10 lio.r <"■!]!.. and in ; a few days I will add 20 per cent., and he would, sooner st'jjn than pay." Mr Bnr.vn added. "Slrmckton hias boon round to tlie bank to try to raise money on hi.s wife's income, b'lt. it is oidv an annuity and ifc dies wiih hot , and the bank's won't touch .it. Do you know what T would dir> with y<lll. Poland You.jiq;, if you woveworking for me and yaw Monokton credit? T should ijivo you the 'saelc' and very soon. , ' "Witness reported the slainnonf i.o the coinpiny'.s auctioneer at Levin. If they received a l>ad i-opoit (hey could not '/wo credit. Prior to this j.M'onokion had on their li.st of i <j(vod <-reditors. nnd witness consi-'l^i , - led it his duty to report Brown's ; :;tateni"iits to the auctionoci , .

By Mr Blair: Witness did not call on Mr Brown for the purpose of obiniiHiig an adv.vico of money. Brown had not made loons to witness. IfV <lid not make an advance to enable witness to get married. The conversation with reference to Monekion was begun after witness had concluded his business with Brown.

By Mr Morris'']) : Brown was vorv bitter when making the statement.

•fnhn L\ Nowell. of M.asterton, stated tlvat he had business wifch M.onckton who a general farmer and dealer. About November last, on the Otaki bowling green, a remark was pa.v-od tihat >fonc.ktan w.as likely to be an Opposition candidate. Brown said. "What change has Afonckton got. T hold more dishonoured cheques and bills of his than any other man in the district." Witness said ho did not believe it. Brown replied "that ho was a business man, and know what iho wan talking about."

By Mr 15' air: Others wore present, and Mr Hrandon. manager of the Fresh Food and Tee Co.. Wellington, nii.glit have heard Brown's statement. Witness repeated the eonvcrsation to Monekton .about June of the present year, anid to others heforo that time. Witness was present at a meeting of the Rowling Club when ' Monekton referred to an insult b»ing offered him on the green. Brown roso and expressed astonishment that such a

charge should ho made against him. Me oife.red to resign, .and denied having insulted Mf/uckton. Witness (!ul not. know what Mnru-kton was inferring t , :. After the. meeting Brown invited anyone present to say that he had insnftf'd Monckton. The meeting took place after witness ha ! informed Moncktr.-n of bhc incident of Xovcinl.'ci , . but witness did not know that it wps this to which M.onfktoii wa.q rcferrinn , at the meeting. Witness had n"ver asked Brown his oninion on MoTicl;t.(.n -and bis fin-

a.ncial position. The words nwA vo M^r T>. Rkerinnn. a'jent f"r D.'ilg«tv and Co.. atOtnki. wei'e admitted by the defence. They were: "T cannot get any money out of .him (Monckton). 1 'hold dis'brmmired promisyory notes of Ilis which- have been owing for a. loivr time, ru'd on \/hich T have charged 8 and 10 por cent., and will, en this occasion, char"o 20 p?r cent, whifb Monckton will glndly. •pay. Lock here. Skerman if this ...man pays this hill T will give, you your house" fhel.l bv Mr Skerman from defendant). Mr w;is and gave evidence in support of the st-'t-Mtieiit. T-nmos P. Brandon, of Wellington, stated that om the Ot-iki howling green Mi- Uroivn had made a stnteme'M, to the effe-t that lup. held Mr MeneVtfn's dishfiroured bills, and tl !r, t hi.s cherii'rv-: wore no froo'L P-v M v P,h Ir : H« thon?bt the fl'ieetion Ivnvc arisen frnm his o'vn c.r»,iivp.i*snt.7on bringing up political m.ntters. V. \o)) a I'd P.. Martin. Opnosition organiser, stated that he callwl on

Mr Brown in connection with political matters, and to. toll him tho Opposition party were not prepared to officially accept him as their candidate. 'Mr Brown said: "So you arc going to run Monckton?" and witness said, "Yes, wo are." Mr Brown said, "Monckton cannot alfordto fight tho clod ion, mid ho has no chance o.f being returned." witness said that any -chances Mr Monckton had wore, being coiisulora!bly minimised by statements that Mr Brown bad made. Witness told •him ho referred to statements by .Air Brown last time bo had mot witness —"that he had a.'hill of MonekWs which was constantly being ivuowe-d, and which bo did not anticipate would he paid." Mr Brown said: "It's God Almighty's truth, Mr Martin. Mr Moncktori came into my office and asked' mo to renew a hill a fifth time, and T refused to do so. Ho went out and made arrangoYiients elsewhere for "the. payment of It." -Witness told Mr Brown it was exceedingly foolish of him to make statements of this kind, which witness had every ronson to believe were untrue, and for w.Yieh lie miecht probably got himself into trouble. Mr Brown said there was a statement about that lie had already been served with a writ, air 1 , had fainted on receiving service thereof. Ho then emphasised the fact thai, bo had made his statement to only one man at a time, and thai his word was as srood as witness's. Ho further stated: "What T have said is confidential." Witness told him ho distinctly refused to treat the matter as confidential. Mr Brown came hack to the subject of Mr Monekton's Hi'ivflto. affair*, and «nid: "Monckton is not in a position to contest, the sent. He- lias no money and is denendont on-nis wife's annuity. Why. T could buy up the Monektons." Ho then produced a packet of papers from the safe, and s.nid: "Tin von know w.lr.it those are? Land Transfer titles."