CLAIM FOR SLANDER

Hokitika Guardian, 17 December 1920, Page 3

CLAIM FOR SLANDER

allegations refuted. : WELLINGTON, December 15. “1 am taking this action t,o clear my character, and I want damages,” de-' clnrud John Peter Thomson, tramway employee, who proceeded iu the Magistrate’s Court yesterday to recover £2OO from , Howard Henry' Newton, a departmental manager, of Wellington, for alleged slander. Mr W. G. Riddell, S.M., was on the bench. Mr W. J. McEldowney appeared for the plaintiff, and Mr H. F. O’Leary for tho defendant. Plaintiff claimed the .sum enumerated as damages, which lie alleged had been sustained by reason of the defendant falsely speaking on or about Octolxir 16th., 1920, concerning the plaintiff, “I am after a man by the name of Thomson, who works on the night shift at Kilbirnie sheds, for molesting women.” Plaintiff said that the utterance of the defendant meant that he (the plaintiff) had been guilty of such acts, and he had consequently been injured in reputation and exposed to contempt and odium. Plaintiff said that on October 16th. tho defendant drove alongside him in a motorcar in Elizabeth street, and said: “You have come out of Austin street. I identify you with a. man who has come out of a- place in Austin street.” Plaintiff said lie replied that lfe I""' not come out of Austin street, and gave the defendant the name of Thomson and said ho was employed in the tramway sheds at Kilbirnie and was then proceeding to Work. Defendant had* made, it known that he was searching for some one who had been causing considerable alsfrni in the district by molesting women and creating a- nuisance in that locality. He said the defendant later met him, and in conversation with him said he was still of the opinion that the plaintiff was the guilty person, but if he were .in the wrong lie would he prepared to clear up the matter and make a .public apology. John Furav, tramway niotorman, said he was making the final trip to Kilbirnie on the night in question and had stopped at the Pirie street stop when the- defendant boarded his ear and asked him if lie knew of a man named Thomson, who worked at the Kilbirnie tramway shed, and who .had been molesting women. Agnes Wilson Thomson, wife of the plaintiff, said that her. husband had been much perturbed and lost much sleep as the result of being accosted by the. defendant. Hof/unrlonf Q.fcntPr? for ROIIIR time

past people in the neighbourhood had been troubled by someone in the locality peering in windows and molesting young women. On the night of tfio alleged slander he was returning home in his motor car, when he noticed a man ccpne out of a. neighbouring bouse. Becoming suspicious he parked his ear and went into the house, where he was informed that they had had no visitor that evening. In consequence of this he returned for h.is car and drove in the direction which he thought the man had gone. He. came up to the plaintiff, in Elizabeth street, and made tWe .remarks previously stated. Having secured the man’s address he went to the Pirie street tramway stop and there met Furay and questioned him regarding ihe plaintiff, hater he reported the matter to the police. Corrol>orfttive evidence was adduced regarding the action of some person or persons who had been prowling around the district and annoying and molest-

ing the residents. In one instance a young girl had been proceeding home and was suddenly gripped by the ankles ! For the defendant Mr O’Leary submitted 1 that the plaintiff should be nonsuited. He stated that the nlleg.ed defamatory statement, to be actionable, would have to be supported by proof, and even assuming the statement was made, it was done without any malice. • After the hearing of considerable evidence and argument the magistrate reserved his decision on tho nonsuit point raised.