SPOKE OUT OF HIS TURN

NZ Truth, Issue 1211, 14 February 1929, Page 2

SPOKE OUT OF HIS TURN

Counsel's Queries

Vulgar Argument

Hasty Words Over A Cheque Lead to Slander Action and Successful Claim For Damages

POINTED REMARKSJN DRAPERY STORE (From "N.Z. Truth's" Special 'Wellington. Representative).. It all happened on a bank holiday ! The mon ey changers were taking the day off while all the rest of the city worked. And then the '"if a" enter into the proposition. If the banks had been open the fuss and bother might not have occurre d.

UKLEN MARY AMUNDSEN had a Hi cheque — one of her husband's, and made out for the small sum of £2. Mrs Amundsen went shopping and the cheque came into the reckoning. Into Messrs. George and George's drapery emporium, m Wellington, she went, and asked Arthur Andrew. George, one of the partners, to cash the slip of paper for- her: George demurred, . but when the fact was impressed upon him by Mrs. Amundsen that she was a regular customer of his shop, he consented. Out of the £2 Mrs. Amundsen purchased a pair of hose. , " In the: usual course of banking the next morning, Amundsen's cheque went to the bank with the rest of the firm's takings, but, alas and . alack, it was returned dishonored, there being no funds available at the time to meet it. „.--, A day or two passed, and Mrs. Amundsen's daughter entered the shop on business bent. She was pointed out by some of the shopgirls to Arthur Andrew George. The girl was asked to call her mothe r, wh o, happily, was just across the street. iiiiiiimiiiiiiiiiiaiMiiiimiiiiiiiii

When the mother arrived and confronted the partner he wanted to know why she was posing as Mrs. Amundsen When her narrie was Hay. Also she had allegedly forged the endorsement to the cheque. She was only living with Amundsen. He would ring the police and have her sent up "on the hill." .. ■ . Ears that were not meant to hear what \vas said picked up this tit- bit of delivered m the shop. When the" row was at its height m walked Amundsen, who, husband-like, wanted to know what all the bother was about. Of course, he wanted to know where George got the big idea fz'om, but his curiosity m that direction wasn't appeased. : . . Up the stairs to the office both the men went, and Amundsen paid over £2, the amount of the offending cheque. George tore the slip of paper up, and there he thought the incident closed. "Wlien she arrived home Mrs. Amundsen found a letter addressed to her m the name of Hay. It came from George and George, and she said contained statements it should not have contained. , All this happened in' September last, } but such statements could not go by ! unchallenged. Ultimately a solicitor i was consulted and proceedings for

had said it -to me. He said he would ring the police and have me arrested for forgery. "Now you have accused me of that I'll make you prove it," is what Mrs. Amundsen said she told George. Her daughter, did not "butt m" until George accused witness of living with Amundsen. Counsel: When your husband came m didn't he say: "Hold your tongue, woman"?— He did nothing of the kind. When asked by counsel what her husband said when she informed him

m the shop what George said to . her, Mrs. Aniundsen imputed to her husband the words: "Did he say that?" Afterwards George and- her husband; went upstairs. She did not wait for her husband. Counsel: A woman insulted, maligned and infui-iated, and does not wait for her husband, and all he says is: "Did he say that?" Mrs. Amundsen admitted to counsel that she was divorced by her first husband, Hay, because of

her alleged misconduct with Amundsen. It wasn't true, anyway, she said. 'Those were the grounds of the divorce, which she did not defend, but let the petition Igo through. She wanted to get rid of Hay. Re-examined by Mr: Taylor, Mrs. Amundsen said she had been going into George's shop for twelve years. He knew her well. George Thomas Amundsen, m answer to his counsel, told the court he went to the shop m consequence of a ring he received. The first thing he heard his wife saying to George was: "You can put me on the hill." His wife. had tears m her eyes and told him George said she was openly living with witness without being married to him. When he asked George where he heard all this from, no satisfactory answer was forthcoming. George was "jabbing" Mrs. Amundsen on the arm with a pencil, and both appeared to be hot-headed. To Mr. Treadwell, Amundsen* admitted he had "done" two years reformative detention for being ah incorrigible rogue. He had also been warned off the racecourse, and' had also been admitted to probation for three years for theft.

It was incorrect, however, to say he had been refused a driver's license because he was an undesirable character. He had never experienced any difficulty m getting his ticket.

Questioned why he didn't ask George the reason for insulting his wife, Amundsen said he didn't want a scene m the shop with everyone listening-in. He preferred to hush it up. The only other cheque he had returned from the bank was one drawn a few days previously. It was for 25/-. Mr. Treadwell: I put it to you you paid nothing into the' bank between September 17 and September 25?— 1 could not say. I put it to you you knew there was nothing m the account to meet the •cheque and you told your wife not to present it?— (Heatedly) I did not. You remember when your wife was divorced by Hay for impropriety with you? — That was the charge, but it was not true. You did not mind your future wife being charged with impropriety? — No. "George did not call me across to the group on the floor," said Amundsen. "He does not know me from a bar of soap." He was on his ,way upstairs when his step-daughter ran after him. Winifred Ellen Hay, daughter of the plaintiff, related to the court how she called her mother into the shop on the fateful morning. George said to her mother: "You remember tendering a

t\mmmmummuummmiimmmmmnmummmmimimmimuummmmim cheque here the other day. You signed it Amundsen, when you had no right to. I can have you arrested for forgery. "Mother asked him what, he meant," the girl went on, "and he said she had no right to put that name to the cheque as her name was Hay. He made as if to go to the telephone to ring up. "I tried to explain that Amundsen was my stepfather, but he would not listen; he was stubborn. Mother had her marriage certificate and wanted to show it to him, but he would not look at it." . J When the argument was at its worst Amundsen came m and wanted to know what the trouble was about. George started explaining about the cheque. .uater the men went upstairs. ■ Mr. Treadwell: What was George's remark when your mother said: "You are accusing me of forgery"? — He said, "Yes, I can have you arrested." Didn't you say: "Mother, Mr. George is saying nothing of the kind"? — No; I told mother Mr, George was misinformed. In presenting his side of the story. Arthur Andrew George said it was absurd to suggest he maligned the woman. He certainly asked for an explanation, which he thought, under the circumstances, he was entitled to.

He asked her Avhy, if her name was Amundsen, she was m the shop as

Hay. The woman had offered to get a marriage certificate, but he told her he didn't want to see it. Tlie woman was unknown to him, and the address she gave on the cheque was vacated immediately afterwards. George Willoughby, employed m the defendant's drapery establishment, told the court he heard nothing of the alleged slanderous statements. The trouble occurred near him and he heard the conversation throughout. Besides proving the words complained of, Mr. Treadwell told the court, Mrs. Amundsen had to prove damage. There were several extraordinary features m the case. It was not likely that a highly reputable business man, such as Mr. George, would enter into a vulgar argument with a woman like Mrs. Amundsen, or any other woman for that matter, right m the centre of his shop. "I think that the proper inference to be drawn from the letter," said Mr. I Page, when referring to that document, "was that defendant believed the plaintiff was guilty." When George met Mrs. Amundsen? he said much the same as was contained m the letter. Taking all the facts into consideration, the evidence supported the plaintiff's case. Unchastity and criminal intent were alleged by the defendant, and plaintiff was entitled to damages. In assessing this, however, Mrs. Amundsen's past must be taken into consideration. v There was a certain amount to be said for defendant. There was a lot to raise his suspicions, but a business man should not allege things he could riot justify.He gave judgment for £40 and costs.