A MOST DISGUSTING CASE

Taranaki Daily News, Volume LIV, Issue 226, 22 March 1912, Page 8

A MOST DISGUSTING CASE

A MOST DISGUSTING CASE. ~ JUDGE'S SUMMING UP. j, VERDICT FOR £l5O DAMAGES. | By Telegraph—Press Association, i Masterton, March 21. j "This case is, happily, unique in the annals of British justice," said Sir John Findlay, counsel for the plaintiff, when opening a suit at the .Supreme Court this afternoon, when Emily Humphries, lof Clareville, wife of Frank Humphries, ] | farmer, claimed £OOO from George Walter Kempton, farmer, of Clareville, on three causes of action for alleged slander. "There has never been a similar 'case in New Zealand. Here we have a j pitiful spectacle 'of a brother (defendant) entering a witness-box with a view to damaging his sister's character by accusing her of adultery. It was made I worse by the brother spreading his sister's alleged shame broadcast." Counsel 'said malice of the bitterest kind was .! at the bottom of the ease, in which the rj plaintiff had been accused by defendant , i of acts of adultery with one Donald Fin- ' layson, traction engine-rlriver, in April, 1 1911, and on July 22, 24, and 28, 1911. j! In her evidence plaintiff denied that .she had ever committed adultery with! i Finlayson, who was a visitor to the I . house occuiped by her and her husband . | and children and by defendant on the j ; nights on which the adultery was al-1 1. leged. Finlayson had slept in a room j . either with her son ( a boy of seven-1 ;|teen) or with one of the carpenters' ? I who were staying in the house during . j the whole of July. She occupied the 3 same room as her husband. ,' Francis James Humphries, ihusband of the plaintiff, corroborated his wife's f evidence, saying that he never had oc- . casion to complain of his wife's conj duct. He did not believe the accusat tion of adultery. It was impossible for . misconduct to take place in the house as alleged. . Donald Finlayson denied that he ever misconducted himself with (plaintiff. Alfred Daysh, farmer, of Clareville, Norman Wilton, clerk, of Carterton, and Charles Edward Kempton, laborer, of Kaiwaiwai, gave evidence of defendant informing them voluntarily as to the alleged adultery of plaintiff and Finlaysoa. For the defence, George Walter , Kempton, defendant, detailed how he j' had caught plaintiff and Finlayson misI conducting themselves on the dates mentioned. On the evening of July 22, l '_ through a crack in the door, he saw ' them in the dining-room. H« put a nail in the crack in order to make it ' larger, so he could see all over the room. l " His Honor: Did you ever hear of Peeping Tom? Witness: Yes. His Honor: Apparently the day of retribution is over. Continuing, his Honor said to defendant: You made the hole in the door' ' larger so that you could watch your sister at your ease? II Defendant: Yeo. *| His Honor: What charming brotherly 1 ~' conduct. J\ Continuing his evidence, defendant f said that misconduct took place on this occasion. On Sunday, July 23, he aril ranged with his brother and a niece to be in a certain spot when he spoke to Finlayson concerning the misconduct, so 1 that I they could hear. s His Honor: Scotland Yard is lost in '" you, Mr. Kempton. 6 Continuing, witness said that Finlay--1 son admitted misconduct. " Defendant was severely cross-examin-ed by Sir John Findlay, and was still e in the box when the court rose for the. '■' flay. Masterton, Last Night. Two of Kempton's nieces, one thirteen 1 years of age, alleged that they had seen improper conduct through' looking through a key hole. * Defendant and his witnesses were 1 severely cross-examined. e In summing up, Judge Edwards said, that in the whole of his experience he. had never heard of so disgusting a case f as of a man endeavoring to publish the shame of his sister. The jury, after a retirement of nearly • four hours, returned with a threer fourths verdict for plaintiff and awarded e her £ 150 damages. Judgment was en- - tered up accordingly, with costs accord ! J ing to scale, and £ls 15s for extra day's I (trial, and £3 3s each day for secotl fc counsels. 7 ———___ r ;