THE SLANDER CASE.

Wairarapa Age, Volume XXXII, Issue 10589, 22 March 1912, Page 5

THE SLANDER CASE.

HUMPHRIES v. KEMPTON.

VERDICT FOR THE PLAINTIFF

£l5O DAMAGES

The caso in which Mrs Humphries, wife of Frank Humphries, farmer, of Clareville, claimed £OOO damages from George Walter Kempton, her brother, on account of slanderous statements alleged to have been .made to various persons, was continued in the Supreme Court, Masterton, yesterday, before Mr Justice Edwards and a jury of twelve.

Sir John Findlay, K.C., with him IMr T. E. Maunsell, appeared for the | plaintiff, and Mr D. Smart, with him Mr M. Lavery, for tho defendant. The cross-examination of the defendant Kempton was continued by Sir John Findlay at great length, and was of a most searching character. Henry William Kempton, farmer at Clareville, and brother of the-defend-a<nt, deposed that from rumours he had heard he went over to Humphries' houso on the night, of July 28th, and looked through a hack window, from which he saw Mrs Humphries misconducting herself with Finiayson. On the following morning he saiw Mrs Humphries. They were having a heated argument aibout some fowls, and witness told her he had seen what, had transpired with Finiayson* on the prev- , ious night, and that she was .a disgrace

to the family. Mrs Humphries turned pale and walked into her house without saying a word. The witness was severely cross-ex-amined by Sir John Findlay. He admitted that he had served two years in gaol for sheep-stealing, and that he had been acquitted on another charge. He also admitted that lie had lived apart from his first wifo and had/ lived with another married woman. He had I every reason to think that his first wife had died in New South Wales. He advertised her death in a Wairarapa paper. He had since been married to another .woman. He could not tell the date or the place at which his first wife died. He did not advertise the death of his first wife so that he might marry again. He denied having 'gone to Featherston with another woman. Witness remembered the .police coming to him and enquiring about the condxict of his daughter with his brother (George Kempton). Witness admitted telling the police that his daughter was over sixteen years of age. Witness had had a dispute with Mrs Humphries over, her children taking fruit, and over fowls.

Re-examined, the; witness stated t-Eat he had boon convicted of sheepstealing over twenty years ago. Since then lie' occupied positions of trust. 'He liad been for years on the Belvedere School. Committee, and was a menabe?, of the Executive of the Wairarapa Pastoral Society. Emily Maud Kemp ton, niece, of the defendant, deposed that slie was living with her uncle, George Kempton. She remembered Mr and Mrs Humphries staying in the house. Finlayson seemed to be pretty familiar .with Mrs Humphries. The witness described certain acts of familiarity which she had seen oil various occasions. On one occasion she bad witnessed misconduct by looking through a key-hole. She had, at the request of her uncle, listened to a conversation in which her uncle had charged Finlayson with misconduct. She had also beard a conversation in which her father (Harry Kempton) had accused Mrs Humphries of misconduct.

The witness was cross-examined .at some length by Sir John Fimllay concerning her movements with her uncle. She admitted having travelled with him to Auckland, to having meals with him .alone, to being alone with him in his room, and to having her photograph taken by him when she was not fully clothed. She had, she said, seen her uncie looking through a crack in a door on the night that she looked through the key-hole. His Honor remarked that ho had been on the Bench for fifteen years, and had been in the Courts for many years longer, but he had never heard "a, young lady tell a story of such a disgusting description with the amazing rapidity and assurance that this witness had told it.

The witness, when further cross-ex-amination, denied having been, requested by her uncle to look through the key-hole. She swore positively that her uncle had not discussed the rela-. tionship .between Finlayson. and Mrs Humphries with her. ' Reexamined, the witness stated tnatv she had travelled with her uncle to the north because she was sick and had been, ordered away by the doctor. Her uncle had been in her room to help her develop photographs. She positively denied committing any impropriety with her uncle. Her photograph was taken by her uncle ill the presence of his wife. _ Annie Kempton, thirteen years oi age, and sister of the last witness, gave evidence that she also looked through the key-hole and witnessed the improprieties between Mrs Humphries and Finlayson. The witness was cross-examined, and repeated her siiitoinont- -three without the slightest variation. His Honor asked the child who had taught her this recitation. Tho witness replied that nobody had taught her. His Honor: You are lying, my child. I have no hesitation in saying that you aro lying! • . . . . . Elsie Ivempton, another niece ol tlio defendant, deposed to having been .11 the Humphries' house when her uncle knocked at the window, and to heaung certain happenings. Under cross-examination, the witness admitted that she was not on good terms with Mrs Humphries. Ester Jane Kempton, wife of Harry Kempton, and sister-in-law * lf> plaintiff, deposed to having heard her husbana""tcll Mrs Humphries lie had seen what had happened, and that she was a disgrace to the family. Lena Kempton*, daughter-in-law 01 tho defendant, deposed that the defendant had called Mrs Humphries into a room to "give her a little advice.

He told Mrs Humphries that if she sai j no more about, him, he would not mention what he had seen with Finiayson. Mrs Humphries said, "For God's 'sake,, don't tell anyone —can't we bury everything?" William Kempton, son of the defendant, also gave evidence concerning the conversation, -between defendant and Mrs Humphries. The defendant charged Mrs Humphries with misbehaviour, and she said, "Let us shake hands on it, and say nothing about it." Tliis concluded tlie evidence for the defence. Mr M. Lavery having addressed the jury for the defence, and Sir John. Findlay for the plaintiff, His Honour

summed up. He stated that, in its way, this was one of the most remarkable cases that had ever come under his observation. It was a most amazing thing that they should find a•brother going from place to place, and from person to person, endeavouring to damn the character of his sister. It was still more astounding that the brother should have come to this court and endeavoured to bolster up evidence to establish his sister's unchastity. The woman was forced into tho position that she had either to come to Court to vindicate her honour, or to j hide her face in shame before decent | people. It was the-duty of every man: [to defend the honour of a woman, whether or not .she,be deserving of that defence, and more so was it the duty of a man- to defend the honour of his sister. His Honor proceeded to analyse the evidence. He pointed out that the whole case had originated through, the defendant's relations with his niece having been criticised. The onus rested upon the defendant of proving that the plaintiff had been guilty of the improprieties charged against her. Were the jury satisified, beyond all reasonable doubt, that the defendant had proved these charges? If they were not, it was their duty to assess the damages to which the plaintiff was, entitled.

Tho jury retired at 5.15 o'clock, and returned shortly before seven o'clock, when the foreman asked if the Court would accept a three-fifths majority His Honor replied that, if the jury was not unanimous, he would accept ! a three-fourths majority. The jury retired again, and returned at 9.35 p.m. with a three-fourths verdict in favour of the plaintiff. Damages were assessed at £SO on each cause of action, making £l5O in all. His 'Honor accordingly entered up judgment for the plaintiff, and awarded £l5O damages, with costs according to scale, and £ls 15s for second day of trial, and £3 3a for second counsel for each of the two days of trial.