ALLEGED SLANDER

Manawatu Herald, Volume XXXVIII, Issue 1517, 2 March 1916, Page 3

ALLEGED SLANDER

MANDL v. HISLOP,

JUDGMENT RESERVED,

The time of the Supreme Court ,s occupied yesterday afternoon by e hearing of a an action for slander for the sum of £SOO, taken by Dr Charles Leopold Mandl, against Dr Walter Kerr-Hislop, both of Foxton. His Honour, Judge Edwards presided. Mr C. P. Skerrctt K.C. appeared for Mandl and Mr H. B- Cooper for Kerr-Hislop. Mr Skerrctt expained that the action was taken on the grounds that Kerr-Hislop was alleged to have said that Mandl was a German and that ho had made remarks derogatory to Mandl's professional ability. Joseph Edward Warrington, flaxmill hand, of Shannon, said his wife had complained of illness on Saturday, November 27. Dr Hislop had called and had made another visit on Sunday, the 2Stli instant. The doctor had given Mrs Warrington some stuff to steam her throat and next day had injected some serum into her back. Mr Warrington was getting worse, and he had called in the doctor again on the Monday morning. Witness had told the doctor that her throat was getting worse, ami that if he could not do any better he would call in another doctor. Witness had named Dr Mandl, of Foxton. Defendant had said it was the last doctor he would think of calling. Witness had asked why and defendant had said, “For wc arc lighting Dr Mandl.” Witness said, “I can't help what trouble there is between you and Dr Mandl, but I have seen him cure cases that satisfy me that he could cure any ordinary case.” Defendant had said, “We are all at war with Dr Mandl because ho is a German.” iWtness had replied that he had seen Dr Mandl cure two cases very similar to what his wife was- suffering from then. Dr Mandl had attended a Maori and in a few hours had had him wonderfully improved. Dr Hislop had said, “Well, get Dr Mandl if you like. Dr Mandl doesn't understand a case of this kind. Witness replied, “If Mrs Warrington doesn't improve before tomorrow 1 will get Dr Mandl.” Dr Hislop had given Mrs Warrington another injection. Defendant had not said he suspected diphtheria. Witness ad no warning whatever of diptlieria attacking on the oOth. Ho had received a notice that diphtheria was suspected in his . house. Subsequently an officer of the Health Department came to disinfect his wife’s room, but he had not done it. The officer had conic later and did disinfect his wife's room. His wife continued to got Averse and witness had rung Dr Mandl up aud requested Mm to come aud see Ms wile. Hr Mandl arrived at the house that evening. Dr Mandl had a conversation with witness. Ho had told Dr Mandl, Dr Hislop had called Mm a German. It was in answer to questions put by Dr Mandl that he told him what Dr Hislop had said. Dr Mandl had not told him what was wrong with Ms wife. Dr Mandl had given a prescription and said that there was no need for him to call again. Dr Mandl had called on the following Wednesday when his wife was alright again. Ho had never seen Dr Ala mil before. Dr Hislop's remarks had made him think he should not call Dr Mandl in, and ho was thinking of .calling another doctor in. He had consulted Ms cousin and - another man aud had taken their advice to call in Dr Maudl in. Dr Hislop had not referred to Ms sous being in the Expeditionary Force and witness had not mentioned anything about himself going to the war. Dr Hislop had never used the words “son of an alien” as applied to Aland!. Dy Mr Cooper: Ho had only known Dr Hislop by sight before. He had 0154 proqu oan.w siq pioqu jos'dn uooq time of the conversation. He had always been iu the room when Dr Hislop was attending to his wife. When he met Dr Hislop iu the morning it was with the statement that his wife was not being properly treated. At that time it did not trouble him whether it was a German doctor or not as long as ho got a capable doctor. Ho had a good opinion, of Dr Mandl. By Mr ykerrott; Ho had rung up Dr Hislop on the Tuesday morning aud said that Dr Mandl had called during the night and effected a wonderful improvement. Dr Hislop) replied, “Don't run away with the short-sighted idea that Dr Alaudl has cured your wife. It was the stuff i put into her back that cured her. I’m not a bit put out about your calling Dr M ndl in, but the conversation wc h- T be strictly conlidential. ’ ’ \ -:a said “Alright,” aud hung up) the receiver. C'i les Leopold Alaudl, registered medical practitioner, said he had been practising iu Foxton since 11)07. He Arad been born iu Hokitika forty-three years ago. He took his medical course at Dunedin and Edinburgh, and had never been away from Now Zealand except when at Edinburgh. His father had been born in Vienna aud was a Viennese. His mother was Scottish. His father had gone with the Dunstau rush, aud had settied in Hokitika, where he was still living. His father had been a naturalised British subject since he settled in Hokitika, aud hud held all public offices there, including that of Mayor, several .times. Wituess had never been to Germany or Austria in Ms life. Wituess and defendant were not friendly, although witness never hr -ieudly feelings towards deft He was. satisfied before he w o; Warrington’s that Dr Hislop) .uo longer in attendance. Airs mngton did not appear to be scriy ill. Mrs Warrington was suiterfrom simple catarrhal laryngitis loss of voice. There was uo evxX‘o that, the patient was suffering had been suffering from dipdfthcria. inary dipihtheria of the’larynx was

By Mr Cooper: He was astounded what lie lad heard from Warring-

Walker Kerr-Hislop,. medical practitioner, of Foxton, deposed that he had attended Mrs Warrington on (Saturday, November 27. Nothing had been said about a throat till witness made enquiries and found she had been suffering from a sore throat and hoarseness. He had judged after examining the patient that she had diphtheria of the larynx, and he had injected antitoxin into her back. On Monday, November 21), he had asked Mr Warrington what had been specially wrong during the night. Warrington had said his wife had been very ill and had nearly choked. He had found a beautiful cast of membrane from the larynx, which would certainly have choked the patient if the antitoxin had not been injected. In the room Warrington had stated Hi Mandl had cured in a few hours a TVTnori who had tho same disease as Ms wife. It was outside that Warrington had said ho would call Dr Mandl if his wife was ill again that night. He had replied that Dr Mandl would uot know what was the matter iu the case. Witness mentioned some talk of Warrington going to the war. He had said that his two sons were with, the Expeditionary Forces, and it