ALLEGED LIBELS.

Taranaki Daily News, Volume LII, Issue 56, 31 March 1909, Page 4

ALLEGED LIBELS.

I'IiAKCE v. SniE!?, And miliS v. I'liAllCK. AN ECHO OF TJIH UENIiKAL ELECTION.

Mr, Justice »Sim was engaged in the Wanganui Supreme Court <ju Monday in hearing two actum* for alleged libel. Tile first case was that in which George Vater Pearee, farmer and member of Parliament for I'atea, sued Bert Symes, fanner, for alleged libel and claiming £SO damage. A counter claim was preferred by Symes against I'eam', claiming £250 damages for alleged libel. Mr, Baraicoat conducted the case for Pearee, and Mr. Cohen for Symes. The evidence for both cases was taken together. . Air. Baraicoat said that the parties owned adjoining properties. The nature of tile ground prohibited # proper fencing, with the result that their cattle mixed, Pearee met Symes driving a mob of cattle, and thought one of tneni was his. There was no charge of any description made against Symes, and it was arranged that Mr. Pearce's manager should examine the cattle. The examination by Pearce's manager proving futile, he dropped the matter. 1 his was on tlie 10th of November of year. Oil the l.'Uh November Symes inserted a challenge in the daily papers, stating that Pearee had accused him ot being wrongfully in possession of one of his bullocks. In this advertisement Symes offered to donate CIO to a Joeal ciiarity if Pearee could prove the "accusation." if Pearee would give a similar donation in the event of his being unsuccessful. On the eve of the election another .advertisement appeared demanding the Pearee should justify the acusatioa. Pearee denied having made any accusation against Symes. Pearee did not ask for heavy damages, but simply wished to put matters straight and prevent a recurrence. With regard to the counter-claim, Mr. Barnieoat *aid he had no doubt that Pearee was very muea annoyed bv the. advertisements, especially coming on the eve of the election. Pearee wrote to the Pa tea County Press, making use of words which were simply meant to convey tile idea that Symes was of such a hasty temperament Unit at times he did not know what he was doing. J Jo did not mean this to convey that Mr. Symes was either mentally weak or addicted to drink. Counsel submitted that it was a privileged statement and a justifiable retort, and contended that il was in self-defence, and that tlie words had no damaging ell'ect. Ceorgr Vater Pearee. said he had a farm at Wailotara, separated from Symes' farm by a stretch of .sand, and , neither purty had ever attempted to fence it. The cattle of both parties used to run together, and on 30th October witness missed a bullock. Witness' manager notified .Symes, who promised to have a look when he mustered to M-e if the missing bullock was in his herd. One day soon afterwards witness was riding to cateh the mail train, and met Symes, who was driving about 30 cattle. Witness had 30 years' experience with cattle. The missing steer was V/ 2 years old, and a* witness rode throng,ii he kept a look-out to see if the animal were there. Witness saw a beatst with au earmark similar to his own, and said to Symes, "Have you got my bullock there?" thinking he had brought it with his. Synic said, "No, the bullocks are mine." Witness replied, "There is a bullock there with an ear-mark like mine.." and asked Symes to come and inspect. Symes, who was leading hi.s horse, declined. Witness rode back later on with his -manager, and saw that the bullock was the only one with a punch-hole in its ear. Witness rode back and demanded from Symes to have the bullock put in tin; yard, so as to have a closer inspection. Symes agreed to this course, and as Symes was to pass witness' yard lie agreed to put it there. As witness hail to catch the train he left his manager to act for him. Witness also said it was strange that the bullock should be the only one with this particular earmark. and Symes said that the hole might have been bored inadvertently. Witness did not think for a moment that Symes would .steal cattle, and never accused liim of doing so. Only he thought it -strange that Symes would not get on Jiis horse to come and inspect when asked by witness. On Thursday, 13th insti, as witness wa* coming out of the hall at Waverlev. Symes offered to bet witness ClO that t:h6 earmaVk on the bullock in question had been his earmark and not witness'. Witness asked if his man had examined the animal, and if he claimed the earmark was witness 1 . Syincs simply replied. "1 will het you Clo.'' speaking in a very loud manner. AYitness replied tJ>at betting was no argument, except to a stahlcboy. This seemed to irritate SyinGi-. so witness went into the hotel and up to his room, and left Symes talking loudly. About a week later, witness heard that the bullock had not his earmark. Saw the paper on the Saturday and decided l*Make no notice as there was no time to got a reply printed and distributed before the election. Had known Symes from a bnv and knew him to lie a reputable man. his only fault being that lie was rather excitably. Considered the advertisements injured him both politically and personally. Was elected on the Opposition ticket, but the previous flection. though flovernment man had lwen elected for the district, the Waverlev polling gave the Opposition man a ma jority of 21. The previous election to that, the. Opposition candidate had a majority of over lilft at Waverlev. This election, wiint'ss had obtained a majority -of only 7 at Waverlev, but Hindi a majority of 2.">0 for tlie whole electorate. After the election witness wrote a letter to the editor of the Patea paper, but this "was charged us an advertisement. In the letter, witness stated that Symes was at lime- not wholly responsible for what he did. lie did not mean this (o show nlherww 1 than that Symes was of nn eveitahle disposition. Did not mean that Svmcs was a man of mental weakness and consequently irresponsible. On the contrary, he knew Symes to be :i hard business man, but had always been excitable. Several times Symes had lost his temper during discussion with witness. To Mr. Cohen: His man, Kiemanshncider, had alwavs been on good terms, with Symes. Witness did not know that Svmes hail on occasions put the cattle in witness' yard for inspection. Remembered two occasions on which Symes had shown lack of control. Considered that Syncs' first letter affected the election. Attributed reduction in Opposi-

tion majority at Waverley to this source. Beat Mr. Major in the Hawera voting, but Mr. Major reduced the Opposition majority at Waverley. On !(otli November saw .Mr. llarnicoat, anil iie sent a letter to Synies asking him to withdraw the remarks and apologise. Did not reply to ,Synies' letter re sale of bullocks as he had left the matter to his mail. Did not claim the beast, but siimply wished it to lie yarded for closer inspection. 11 is reply to I'atca County I're.ss was sent. Lo the paper the

same day as he consulted -Mr. liarnicoat. Tlie letter was written belore he saw Mr. Barnicoat. Some of the people of the distria may have been guided by Symcs' advertisement. To Mr. liarnieoat: Synies had previously threatened to impound witness' cattle, and had mice actually done so. Knew that by the time witness' letter appeared in the paper the matter would be ill the hands of his solicitor.

(lilhcrt l'earee, brother of (I. V. I'earee. knew Synies, who was a connection by marriage. Kcincmbered being asked by Symcs to inspect a bullock, which witness understood from Synies was tin. subject of a dispute between liim and witness's In-other. Understood that witness's decision was to be final, so consented to go «nd look- lit the beast. Synies pointed out the beast, which witness inspected, anil then witness asked Synies what the other earmark 011 the beast was. Symcs said that that was his earmark, and witness then said. " If this matter is left to me lo decide I will say it is yours. Before I do so, however, did my brother claim "the beast through recognising it, as were it branded from head to foot 1 would give it to him, as he has a thorough knowledge of bullocks." Synies said ne would not yard the bullock, although the yard was only a hundred and fifty yards away. Witness could not get within considerable distance of the bullock, so could not see for certain if tile punch brand was ill the ear. Head his brother's letter in the paper only last Friday, nor had lie seen Synies' advertisements till that date. Symcs was not wanting in shrewdness, and witness regarded him as one of the most enterprising, hard-working men in the district. Would say that Svmes was straightforward and honest, but was excitable, and when excited might let his tongue run away with him. To Mr. Cohen: Synies was more excitable than witness's brother. Witness's brother was not an excitable man. Would not say plaintiff was brusque and abrupt, nor yet could lie say he was suave. Had known his brother to be sarcastic. Did not know that his brother and Symcs had not been on conversational terms. From his boyhood Synies was known to he excitable. He was hotheaded, and was known to he so.

At this stage the Court adjourned till 10 a.m. on Tuesday morning.