CLAIM FOR DAMAGES.

Taranaki Daily News, 22 March 1922, Page 5

CLAIM FOR DAMAGES.

ALLEGED MALICIOUS £ROSECUTION. EXTRAORDINARY EVIDENCE. By Telegraph.—'Press Association. Gisborne, Last Night. In the case of Hugh Paterson versus tbe National Piano Company, of Auckland, a claim for £3OOO for alleged malicious prosecution arising from the arrest of plaintiff for the alleged theft of a piano, plaintiff in cross-examination, maintained that he had an arrangement under which he was entitled to dispose of the piano, accounting to the company for the time payments. Henry Matthew Choveaux, a witness for plaintiff, deposed that Mr. Lock, manager for defendants, asked him in a letter to remember going to Paterson and delivering a letter to him. All the suggestions in the letter were new to him. Cross-examined, he said he replied that his recollections were vague. The letter sent by Lock was marked “private and confidential”, and indicated that both belonged to the Masonic fraternity. His Honor: Is it such a fraternity as would condemn that sort of thing? Mr. Myers, for plaintiff: Most certainly. Answering Mr. Johnstone, counsel for the defence, witness said he would not expect anyone in the fraternity to commit any crime. His Honor: Whether the letter asks him to commit perjury or not, it is improper. Mr. Johnstone: It is recognised that the letter was not. right, and defendant is prepared to face the consequences. Mr. Myers said the court would now appreciate why he had suppressed a portion of the letter. His Honor: He had no right whatever to use that in a business letter. Witness further said that he had written Lock saying that Paterson alleged that Lock had abused the Masonic brotherhood by disparaging the business when witness was in his hour of need. Witness had written that he could not believe it, as it was too despicable to comprehend as an act of a Mason. In his reply Lock had ample evidence of his friendship to know who was his friend and brother. The letter concluded: “As a Masonic brother, I demand your respect and confidence.”