A SLANDER CASE.

Pukekohe & Waiuku Times, Volume 1, Issue 93, 16 May 1913, Page 3

A SLANDER CASE.

Mercer Residents Con-

cerned.

Fifty Pounds Damages,

A alarder case in which some Mercer residents <*ere concerned was heard in the Supreme Court, Auckland, on Tuesday. The alleged elander formed the basis of a claim for £5Ol damages,. made by Isaiah Fellowea (Mr J. R. Reed, K.C., with him Mr W. A. Black), formerly a barman in an hotel in Mercer, against Jcseph Miller, a lormer proprietor of the hotel (Mr W. E, Hackett). His Honor Mr Justice Edwards presided. The defendant was alleged to have said to plaintiff, in the presence of other men, "You'ie a thief. I've seen you take the money out of the till."

Mr Ried, K.C., in opening the case for plaintiff, stated that Fellowep, who was now a barman in Auckland, occupied a similar position in the Mercer Hotel in January, while Miller, who had formerly been proprietor of the hotel in which Fellowes had been employed, was now the husband of a Mercer bcardii:ghou;e-keeper. One day in January Miller had purchased one shilling's worth if whisky from Fellowes, and, considering that he had not obtained full measure, apparently lest his temper. The landlord had been sent for, and to settle the trouble had given Milhr more whisky. The latter, however, had continued to abuse Fellowes, and. in the presence of Beveral people, used the words complained of. Mr Reed pointed out that in his defence MiU?r denied using the words in question, or, if it were proved that the words had been used, pleaded that they did not mean what was alleged, but were simply a form of vulgar abuse, and were used in anger, Counsel stated, however, that defendant had tu!d plaintiff's employer privately that he had seen Fellowes taking money out of the till.

Isaiah Fellowes, plaintiff, William C Pickett, proprietor of the hotel, William Harris, barman, formerly employed at the hotel, and Clement Skelly, who was present during the episode, gave evidence in support of the claim, ard 2grecd that the words comphined of had been used. Mr W. E. Hsckett, ia opening the case tor defendant, said that the latter and another Mercer resident had been out during the whole of the day in question, searching for a dead body. They found it, and being unaccustomed to such experiences, adjourned to the hotel to recover themselves, Atfer several drinks, Miller asked for a shilling's worth of whisky, and recognising that it was not full measure, complained. The proprietor of the hotel had measured the liquor, and had said it was Ehort. In righteous indignation defendant had used the word?, "You're a bally thief," but had maie no reference to the taking of money from the till. Four witnesses, Joseph Miller, defendant, Edward Hallett, a farmer, John Johnstone, a labourer, and Robert Wright, an engineer, were called by the defence.

After a retirement of 35 minutes the jury returned a verdict for the plaintiff, and awarded him £6O damages. Judgment was entered accordingly.