The Slander Case.

Manawatu Herald, 28 March 1899, Page 2

The Slander Case.

At the Wangmui Supreme Court on Saturday, tha ca^e of William Park, of Pi'tmnton North, book aelter, v. Wiliiam Welch, of the same place, alsj a bookseller, was heard Mr S. T. Fitz'iftrbprfc appeared for the plaintiff and Mr E. G. Jellicoe for the defendant. The statement of claim a'lcged (1) The plaintiff \s a bookseller and stationer, carrying on business a 1 P-tlmarjton North, ond on sb N wember, 1898, and 29 h October, 1898, he wd9 so carrying on business and was in good credit in thfl sa : d l)u -lines-: ; (2) The plaintiff b«s suffered dnm»ge by the defendant finely and milicinusly speaking and publishing of him in' relation to bis said bu-iioftps the following words — (■■%) '• He has hid a private meeting .f hi^ crpdiuors." These words were --p >k^n to Robert Q rnn, the travelling rppresentative of Messrs George Robertson and Co., of London, Sydney, and Melbourne, wholesale booksellers and stationers, on or

■ibout sth November, 1899. andl happened in a conversation between the defendant and Qjinn, wherein 'be defendant said to Quinn— " No doubt you will be able to book a good order from Mr Park." Mr Qainn a*ked "Why?' and defendant replied in the words complained of — " Ho has bad a private meeting of his creditors;" (b) "Have you hatrd Park his had a private meet-^. iog of bin creditors." These words' 4K I w^re ftpoken to George Bennett, oil Pdlraprs'on Nortb, bookseller, on or about 2(hh of October, 1898; (8) The plaintiff has been greatly injured in his credit and reputation, and has ■ V also suffered special damage, aei follows— fn consequence of what defendant had said, Biohard Leary, of Palmerston North, who was surety for the plaintiff at the branch of the Bank of New Zealand at Palmerston North, in respect of hii banking^ optntions then gave the plaintiff notice that he required to be released from his said surety, wherefore the plaintiff claims to recover from the defendant the sum of £501. For the defence it was alleged thai (1) The defendant did not epeaj*,, the words set out in paragraph 1 of the plaintiff's statement of claim to either the said "Robert Quinn or the said George Bennett, as therein mentioned ; (2) the alleged damage was not caused by the speaking or publishing of the words complained of; (8) The plaintiff did not suffer any such damage as alleged ; (4) the alleged words did not refer to the plaintiffs said trade or business, or to the plaintiff in relation thereto ; (5) If it be proved the defendant used the words alleged, or any of them, then the words were spoken and published by the defendant without malice, and in the bejief ibafe they were true and correct, and under such circumstances as to make them a privileged communication. Particulars are as follows : —On or about the sth of November, 1898, Robert Quinn mentioned in the course of a conversation which he had with the defendant, asked the defendant his opinion regarding the financial position of the trade of Palmerston, and in particular the position of the plaintiff, and the defendant in reply informed Quinn of an existing rumour, and which the defendant had in fact heard, and advised Qainn to make inquiries regarding its truth from his banker. The following jury w°re prapan. nulled : J*s. Hodson, W. J. T. Glb«rd, Walter Wadey. A. J. Foster, ' E. Barrett P. L. L* Batr, G. 8. Brown, K. 0. HulU m, Henry Hogg. Ohas. Gihbird, A. fl«mi!ton, and W. R. O'H*ri. Mr P'Hara, was chosen fjreman. Evidence having been called lit plainMff and defendant, and counsel and Hiß Honor having addressed the jury, the latter retired, and afttr^ consultation brought in an unanimous verdict for plaintiff for £50 and costs. During his address, Mr Fitzherbort stated that he would only ask fir reasonable datnigesr, the amount of £501 being claimed in ordar to have the cage tried by a jury of twelve Copies of three letters, extending over a period of four weeks, written by plaintiff to defendant, requesting a withdrawal of the words Wdi-6 ' put in as evidence. Defendant bad refused to do so.