Alleged Slander.

Levin Daily Chronicle, 20 November 1917, Page 4

Alleged Slander.

WIDOW SEEKS DAMAGES. An action for slander was tried in the Auckland Supreme Court on Friday, before Mr Justice Stringer and a jury of 12. Mrs Hannah Eliza Begg, widow, of Kohukohu (Mr McConnell), sued Brian Philip Cook Yarborough, settler, also of Kohukohu (Mr Reed, K.C., with him Mr Gould), claiming £1000 damages. The cause of the action was the alleged utterance by the defendant, on January 9, 1917, in reference to the plaintiff, of the words, "I will tell the whole of Kohukohu that she was my mistress." In opening the case, Mr McConnell said that the parties lived near each other at Kohukohu. Defendant, together with his brother, was called up for service in January, under section 35 of the Military Servicc Act — the "family shirkers" clause. In this an injustice was done to them, because defendant had actually enlisted when the Main Body of the Expeditionary Force was formed, but had been discharged from camp owing to an illness, while his brother had also volunteered and gone to camp. On January 2 a letter signed "Justice," appeared in the local paper, the "Ilokianga Times," complaining rather bitterly of the action of the Defence Department in regard to the Yarboroughs. The next issue, that of January 9, contained another letter, signed by Mrs Begg, concerning the calling up of the Yarboroughs, though they were not named, and ending with an exhortation to all eligible men to volunteer as early as possible, an appeal which, counsel suggested, came fittingly from Mrs Begg, seeing that she had lost one son at the Gallipoli landing, and had had another wounded at Messines. On the afternoon when this letter appeared, the defendant met in the street Mr McKinnon, editor of the "Times," Mr J. E. Alexander, dentist, and complained about the terms of Mrs Begg's lotter. He stated htat he would make her apologise for reflections in it upon himself and his brother, and added the words upon which the action was EVIDENCE BY PLAINTIFF. The plaintiff, in her evidence, said that in writing her letter to the newspaper she felt no malice towards the defendant or any of his family. She and he had always been on friendly terms. On the day after its publication, when defendant met her and sought to .induce her to apologise, she told him that she had not meant the letter for him—that the reference to shirkers could not apply to him, because he had enlisted at the same time as her own son. Her statements in the letter had been general, but she had had defendant's younger brother in her mind, amongst others. She refused to apologise. Next day Yarborougli met her again, and once more expressed his request for an apology. Then, in conversation with reference to intended additional letters to the press, defendant said: "I will get at you, and it will not be through the press. There arc other ways of getting at a woman." It was not until some days later that she heard of the statement said to have been made with regard to herself.

To Mr Reed: Nothing had ever occurred between her and Yarborough that could possibly be twisted to give colour to the statement alleged. The people of Kohukohu, amongst whom she had lived for 27 years, would scout the idea as being preposterous. She thought that since the occurrence she had noticed small slights on the part- of two ladies, whom she named, but the ladies had since thawed. Brian Yarborough was the person referred to in her letter as being at home "earning, perhaps, more money than before, owing to war conditions." She had felt bitter about it because of her own loss, as compared with defendant's position. She would have written in the same way of her own brother, hail his position been the same as Yarborough's.

John T. McKinnon, editor of the "Hokianga Times," and John E. Alexander, dentist, were called as to the alleged imputation of immorality, but were unable to give the exact words uttered. Mr McKinnon said the phrase, "I will make it known that she acted as my mistress," was used, or words to that effect, impaling impropriety. Mr Alexander did not think the word "mistress" was used. DENIAL. OF ALLEGATIONS. Mr Reed, in opening the case for the defence, said that before the action was brought defendant was not asked whether he used the words imputed, or given an opportunity to explain. The letter sent by the plaintiff's solicitor demanded outright an 1 ' apology and £500 damages, and threatened an action for damages if these were refused. The mutter ought to have been settled by sending a friend to inquire whether the reflection alleged had been made. Had that been done the rase would never have come into Court.

Brian P. C. Yarborough, the defendant, said there had never been anything between him and Mrs Begg of an immoral nature, or anything that could make any person imagine that there was. Witness was amongst the very first persons to volunteer for the Main Body of the Expeditionary Force. He went to camp, but was turned out as unfit. On several later occasions he tried vainly to enlist. Then he underwent an operation for appendicitis, but that did not help him into camp, as other trouble was discovered. All his attempts to get to camp had failed. Mrs Begg's letter to the "Hokianga Times" obviously referred to him and his brother as shirkers, and greatly annoyed him. Just after meeting Mrs Begg and discussing the matter with her he met McKinnon and Alexander and told them of the interview. He told tliem that while Mrs Begg was charging him and his brother with being shirkers, she had just admitted to him that she had tried to stop her own boy from going to the front. He did not use any words imputing immorality to the plaintiff, or any that could be so twisted. He did say that if she persisted in her attitude ho would tell the whole of Kohukohu that she had admitted trying to stop her own boy. It was not true that he ever threatened to "get at her" in another way than through the press. No one ever asked him if he had made the allegation imputed in the claim.

At the close of the evidence Mr McConnell obtained leave to amend the statement of claim by substituting the words quoted by the witness McKinnon. The jury, after about an hour's deliberation," returned a verdict for the defendant. Judgment was given according:., with costs.