WAIRARAPA DISTRICT COURT.

Wairarapa Age, Volume XXXI, Issue 9035, 28 February 1908, Page 5

WAIRARAPA DISTRICT COURT.

CHARGE OF SLANDER

[ The quarterly session of the Wairarapa District Court opene \ at Masterton yesterday, before His Honor District Judge Haselden. The first case taken was a clajm for £IOO damages for alleged slander by George Manning, sheepfarmer at Kopuaranga, against James Scorrar. Mr C. A. Pownall' appeared for plaintiff, and Mr U. J. Doian for the defence.

His Honor suggested at the opening, that the case was of such a nature that an amicable settlement was far preferable to the matter being thrashed out in Court, and, as respective counsel said, they were quite willing to have the mattersettled amicably, if. possible, an adjournment was made to allow of the parties endeavouring to arrive at some agreement. Aftsr over half an hour's adjournment no settlement was come to, and the case was proceeded with before the following jury:—W. R. Boyd, Alex. Buck,. F. Feliingham, and Thos. Morton.

Mr Pownall, in an outline of the claim, stated that the facts alleged were that his client had impounded some of the stock of the defendant, the latter beiifg a neighbour. Defendant, on releasing the cattle, called plaintiff, in the hearing, of others, some very slanderous names. Defendant had repeated the language to the bailiff on "receiving the writ, and when not momentarily angered, and it was a case, counsel thought, in which defendant should be shown that he could not slander his neighbour in the way he had done.

George Manning, plaintiff, deposed that on the 10th of this month he impounded cattle belonging to defendant, who was a neighbour. Defendant released the cattle on the, road, and used slanderous language in the presence of the poundkeeper, Christian Jensen, and others, two chains away, being well within hearing. - By Mr Dolan: Defendant and witness had been neighbours for twenty •years, and were on good terms except that defendant's cattle pulled witness' stacks about and disagreement was caused. Witness in the course of a discussion by the pound told defendant he did not fe«d his cattle, which he (witness) did. Defendant said he could prove that witness was all that defendant called him, and further expressed his intention of repeating the slander in the streets of Masterton.

Christian Jensen, poundkeeper at Maunceville, deposed to the facts of the impounding as set out by plaintiff, and also to the language being used, as alleged in the statement cf claim.

Henry Bennett, bailiff .deposed to serving the writ on defendant, who, on it being read out. said, "Yes, I did say that, and will say it again when I ste him."

James Jorgensen and his wife Ellen Jorgensen gave evidence which mainly corroborated that of plaintiff.

This closed plaintiff's case. Mr Dolan during the course of his opening address for the defence, admitted that the words complained of had been used, and His Honour said if that were so it was unpolitic fcr defendant to urge his counsel to proceed. His Honour said he understood the counsel in the matter, but he would have to tell the juiy that the damages claimed were little enough, if defendant persisted in going on with the case after the admission.

Mr Dolan agreed with his Honour, and thanked him for his pronouncement.

After some further discussion between his Honour and counsel the case was settled by consent of the parties, and the jury, by the filing of a full apology by defendant, and an award of £25 damages with costs in favour of plaintiff according to scale. CLAIM FOR WRONGFUL „ DISMISSAL.

Ernest G. F. Matthews claimed from the Wellington and Wairarapa Motor Cycle Company the sum of £7B for alleged wrongful dismissal. Mr B. J. Dolan appeared for plaintiff, and Mr C. A. Pownall, with Messrs D. K. Logan and S. R. Gawith, for the defendant. The following jury was empanelled:—H. P. Brassell, W. R: Boyd, R. C. Cooper and T. Morton. Mr Dolan explained in opening that his client had been manager in the business of Jenkinson and Co., motor and cycle agents, for some years in Masterton. The business was turned into a company in December, 1906, and plaintiff was appointed a director of the company at a salary of £2OB per annum, and it would be shown that he was appointed as a managing director in June of last year. He had been dismissed by directors' resolution, without any reasonable cause, and without remuneration for the services he had not been permitted to complete, and now that he was suing for such the defendant company alleged fraud, extravagance, mismanagement and other misconduct or, hi 3 part as reasons for not paying him what he was entitled to. Ernest George Ferguson Matthews, plaintiff, deposed to the fact of the liquidating of Jenkinson and Co.'s business for the purpose of sale in December. 1906, to the Wellington and' Wairarapa Motor Company. Messrs Murray and Hawkes were the principal shareholders in the new. company, the latter retiring in April, 1907. A meeting of the provisional director* was then held, and witness was appointed managing director, to the provisional directors, in which position witness acted up to June Ist. A statutory meeting of the company was held o i June 7th, and a resolution passed (minute book produced) appointing witness managing d*re-:tor to the company. Towards November witness went to Blenneim and sent over for Mr Deugarde, now clerk to the company. In consequence of hearing reports of mismanagement witness returned from Blenheim. Mr Fendall, Chairman of Directors, was in charge during witness' absence. Witness forthwith dismissed an employee , named Fowler, and returned to Blenheim. On returning a week later witness was asked by Mr Fendall to reinstate Fowler, which witness did notdo, and friction wa°s caused thereat with the directors. (A minute dated 7th December was read by his Honour out of the Company's minute-book to the effect that plaintiff resign his position and be given a clean receipt). Plaintiff said he offered to resign if

he were given a clean receipt for his transactions with the Company and £25. A further resolution was passed in which witness was suspended. He was thus, therefore, suspended without reasonable cause, though he had since been willing to act in the cap-, acity of managing director. Witness wrote first through Mr Pownall, and later through Mr Ilerdman, asking for wages due in lieu of notice, but no satisfaction was received, and in consequence witness brought the action. By Mr Pownall: Discharged Deugarde about nine days after returning from Blenheim, three directors agreeing to do so. Deugarde was charged by witness with causing dissension among the employees. Deugarde was asked if he could make any explanation, and this he could not do. Deugarde was appointed secretary by the directors. Witness was allotted 38 shares at the formation of the company, and later was granted 500 shares. The latter were granted for services rendered in the formation of the Company. Witness showed intending shareholders the balance-sheet produced, which was for a period of, roughly., five years previous. Witness denied continually representing to the company that the concern was prosperous. His Honour here protested against certain questions put by counsel as being of little importance! 1 the question referring to alleged misrepresentation by plaintiff to individual members of the Company. Witness, continuing, denied the allegations of extravagance contained in the statement of defence especially in regard to travelling expenses. Witness was 26 days in Blenheim, and drew a cheque for £l7 to cover the expenses there. He denied ever exceeding 10s per day for travelling expenses, outside train or steamer fares. Witness explained several minor transactions of the Company's in which he was concerned accounting for money received by him and contras allowed. He denied neglecting the business of the Company, and also purchasing goods for his own use out of the Company's money. Mr Pownall argued for a nonsuit on the ground that no contract of hiring was entered into between plaintiff and Company, and on further^points of law. These points were reserved by his Honour for later consideration. Mr Logan, in opening the gase for defendants, said plaintiff had on his own admissions shown that all he was entitled to was a year's salary, less a contra owing to the Company. It would be shown that all but three weeks of this year had passed as plaintiff's employment actually commenced in January, 1907, when the provisional directorate of the Company was formed, and the resolution in June was only confirmatory of his appointment as managing director. Other evidence in general support of the statement of defence would also be called. Ernest John Mackre'l, managing secretary of the New Zealand Farmers' Motor Company, of Feilding, said In September he investigated the affairs of the defendant Company. Found that entries had not been posted in the private ledger for several months. Mentioned the matter to plaintiff, and to other directors. At a meeting of directors witness submitted a report. &t that date all returns were not .to hand, the Blenheim 'branch returns not being in, but witness submitted that the approximate loss on the working of the Company was £2,300 i. Thought the cause of the deficiency was due to ' low sales, and the low percentage of profit. ' - Stanley Peugards, secretary of the defendant Company, in his evidence, said that plaintiff's wages were paid from January of 1907. The only reason given by plaintiff when he dismissed witness without notice was that witness was trying to "cut" his (plaintiff's) wages. Witness had previously told plaintiff he intended to report h|m to the directors, as things were not going too satisfactorily. Witness traversed plaintiff's various explanations of financial dealings which the Company called into question, and detailed certain alleged business trips made by plainiff, which he considered were more of the nature of "pleasure trips." Witness was subjected to a lengthy cross-examination by Mr Dolan, in the course of which he expressed the opinion that plaintiff had been very extravagant with his travelling expenses. W. A. Fendall, a director of the defendant Company, stated that noverbal arrangement was made with plaintiff by the directors in June, 1907. Plaintiff was dismissed because the directors had lost confidence in him, and because friction was being caused in the business. H. A. Cameron, also a director in the defendant Company, gave evidence, in which he stated positively that plaintiff had occupied the position of manager since January, 1907. Witness said he had lost all confidence in plaintiff. By Mr Dolan: Could not say when, before June, 1907, any arrangement was made for paying plaintiff his salary of £2OB. This closed defendants' case.

Plaintiff, recalled, stated that he acted as sub-manager to Hawks up to April 25th.

More cross-examination and reexamination,followed, and the Court adjourned until ten o'clock to-day.