Cheeky Letters Sent to Wealthy Brother

Sun (Auckland), Volume III, Issue 839, 6 December 1929, Page 1

Cheeky Letters Sent to Wealthy Brother

TO KEEP THE PEACE

DISPUTE OVER ESTATE The annoyance to which his client had been subjected by letters addressed, “The man who pleads the statute of limitations” care of local bodies of which he was a member was stressed by Mr. Holmden for Campbell Johnstone, who applied at the Police Court this morning for sureties of the peace against his brother, Hallyburton Johnstone. Defendant, who was represented by Mr. Noble, was bound over in his own recognisance of £lO to cease the annoyance. Mr. Hoimdeu said that within the last six months his client had received three letters superscribed “The man who pleads the statute of limitations.” These had been addressed care of the secretary, Auckland Harbour Board: the Hamilton Hospital, Hamilton; the Raglan County Council, Ngaruawahia: local bodies of which Campbell Johnstone -was a member. Counsel said that the application was unusual being made under section 13, sub-section C of the Justices of the Peace Act, which referred to the exhibiting of any offepsive writing or object. The letters received were annoying to com plainant, who was a man of pubi. affairs.

Before 1917 complainant and defendant, with a third brother, Lindsay Johnstone, had been in partnership in several farming ventures and a cattleselling business. There had been no definite terms of the partnership in writing. Lindsay Johnstone had been drowned, and there had been a dispute over the terms between the other two brothers and Lindsay Johnstone’s widow. There had been a settlement, but It had no* been made definite in writing until 1921. Campbell Johnstone had then received £4,500 through a mortgage, but there had beeu further trouble, and I-lallybur-ton Johnstone had commenced writing. Counsel read extracts of one letter written in 1923:—“Your lawyer swindled me out of £IO,OOO. . . . Have you no mercy?”

The mortgage dispute had been settled in 1926 and it was understood that it was to be the end of all litigation between the parties. “I don’t want to hear all this,” put in the magistrate. "The letters are before me and no man can be expected to submit to receiving communications addressed in this manner.” Mr. Noble urged that, in order to obtain sureties to keep the peace, there must have been a threat made by the defendant, and this had not been so. The letters were not contrary to law. The Magistrate: They would lead to a breach of the peace. Possibly the two brothers might meet in the street Mr. Noble: Then it would be Camp bell Johnstone w r ho would be most likely to commit a breach, and he should be bound over. The Magistrate: I’ll bind them both over if there’s any trouble. Mr. Noble: Complainant has his remedy. He can sue for libel. Mr. Holmden: He can’t do thaL “Is he going to write any more of these letters?” asked the magistrate "I have told him that it’s not wise' answered Mr. Noble. The magistrate then bound defendant over in his own recognisance ol £lO to cease from annoying his brother in the way he had been doing.