OTAKI SLANDER CASE

Taranaki Daily News, Volume LIV, Issue 59, 31 August 1911, Page 8

OTAKI SLANDER CASE

PLAINTIFF AWARDED DAMAGES. By Telegraph—Press Association. Palmerston North, Last Night. In the Otaiki slander case, in which C. A. W. Monckton sued Byron Brown for slander, claiming £ 1260 damages, the jury, after sixty-five minutes' retirebent, answered the twenty-eight questions put by the Chief Justice, in favor of the plaintiff, who was awarded £O7O damages out of the £ 1250 claimed. The damages were allotted as follows: For the slander uttered to Leslie Skerman, manager of Dalgety's, £200; to Rowland Young, manager Loan and Mercantile, £200; to Stanley Beatbie, station manager, £100; to John David Howell, £150; to R. R. Martin, Opposition organiser, £2O; total, £070; with the second day counsel and costs. The defendant liad told all these people that he held dishonored bills of the plaintiff's, and that he had to have them live times renewed, whereas it was shown that he held no such hills, but one bill of the plain-tiff's station manager, since dead, •which plaintiff had endorsed. Plaintiff is the selected Opposition candidate for Otaki, while defendant is his rival on the same side. SOME OF THE EVIDENCE.

Stanley Beattie, a station manager, who was the first witness, deposed that, on January 20 last, Mr. Brown had said to him: ''Don't think that Monckton is a wealthy man; you can get that off your mind, Beattie. His paper is being dishonored throughout the district. I only wish that I had the value of the paper itself on which the bills are written. Surely, as a business man, I ought to know what I am talking about, and what I tell you is correct." Brown had also said that "everyone in the district was chasing Mr. Monckton for money." Re-examined by Mr. Morrison: The conversation was loud enough to be heard bv anvone in the immediate vicinity. Roland S. Young, agent at Manakau for the Xew Zealand Loan and Mercantile Company, stated that Mr. Brown had made a statement to him about the end of the year, regarding plaintiff Monckton. On that occasion witness was at Mr. Brown's office, and the conversation started on politics. Witness said to Mr. Brown: "We will have a hard row to hoe with Mr. Monckton." Mr. Brown then said, "Monckton! Who is Mancktom?" He pulled a kundle of papers out of the safe, and 'threw them to witness, saying: "Look at these—all his dishonored papers! I have more dishonored paper of Monekton's in my safe than I ever had before!" Witness did not examine the papers. Mr. Brown continued: "I first added 2'/ a per cent., then 5 per cent., then 10 per cent., and in a few - days I will add 20 per cent., and he ' would sooner sign than pay." Mr. Brown added: "Monckton has been round at the bank to try to raise money on his wife's income, but it is only an annuity, and it dies with her, and the bank won't touch it. Do you know what I would do with you, Roland Young, if you were working for me, and gave. Monckton credit ? I should give you the sack very soon." Witness reported that statement to the company's auctioneer at Levin. The practice in suoh a case was that, if they received a bad report, they could not give credit. Prior to this, Monckton had been on their good credit list, and witness considered it hi* duty to report Brown's statement to the company's auctioneer. Richard R. Martin, Opposition organiser, gave evidence to the effect that he had called on Mr. Brown in connection with political matters, and to tell him that the Opposition party were liot prepared to officially accept him as thencandidate: Mr. Brown then said: "So you are going to run Monckton?" Witness replied. "Yes, wc are." Mr. Brown retorted: "Monckton cannot afford to fight the election, and he has no chance :of being returned." Witness thereupon remarked that any chances which Mr. I Monckton had were being considerably ; minimised by such statements as he (Mr. Brown) had made. Brown told him, last time they met, that he had a bill of Mr. Monekton's which was constantly, being renewed, and which he did not anticipate would be paid*. Mr. Brown added: "It's God Almighty's ' truth, Mr. Martin. Mr. Monckton came into my office and asked me to renew a bill a fifth time, and I refused to do so. He went out, and made arrangements elsewhere for the payment of it." . Witness then told Mr. Brown that it was exceedingly foolish of him to make statements of this kind—statements which witness had every reason to believe were untrue, and for which he might probably get himself into trouble. Mr. Brown remarked that there was a statement about that lie had already ' been served with a writ, and had fainted on receiving service thereof. He i then emphasised the fact that he had | made his statement to only one man at a time, and that his word was as good as witness'. He further stated: "What I have said is confidential." Witness, however, had distinctly refused to treat the matter as confidential. Mr. Brown came back to the subject of Mr. Monekton's private affairs, and said tliat he (Monckton) was not in a position to contest the Otaki seat. "He has no money," said Mr. Brown, "and is dependent on his wife's annuity. Why, 1 could buy up the Monekton's!'" He then produced a packet of papers from the safe, and said: "Do you know what those are? Tliev are land transfer titles."

The words used to L. Skerman, agent for Dalgety and Company at Otaki, were admitted by the defence. They were: "I cannot get any money out of him (Monckton). I hold dishonored promissory notes of his which have been owing for a long time, and on which I have charged 8 and 10 per cent., and will, on this occasion, charge 20 per cent., which Monckton will gladly pay. Look here, Skerman, if this man pays this bill I will give you your house" (held by Mr. Skerman from defendant). John D. Hall, of Otaki, stated that he had business with Mr. Monckton, who was a general farmer and dealer. About November last, on the Otalci bowling green, a Temark had been passed to the effect that Mr. Monckton was likely to be an Opposition camlida.te at the coming election. Mr. Brown then said: "What chance lias Monckton got? 1 hold more dishonored cheques and bills of his than any other man in the district." Witness retorted flint he did not believe it, anc Brown replied "that he was a business man and knew what I he was talking about." |