AN INTERESTING CASE

Wairarapa Age, Volume XXXII, Issue 10707, 30 August 1912, Page 7

AN INTERESTING CASE

QUESTION OF PRIVILEGE. Privilege was successfully raised as, a- defence in an action for slander brought at Palmorston North lastweek against David Howie, a wellknown Pohangina farmer. Plaintiff was a- drover named Lawrence, who two years ago was sentenced for sheepstealing. The Chief Justice granted Jiim probation. In the present easo the defendant kad lost a number of cattle from a paddock near plaintiff's camp, and failed to trace them. Meet- ] ing two other farmers in an. hotel one day, he told them of his loss, and said : "I know who stele them. Lawrence got away with them." One of the farmers said that could not be true, because Lawrence had been a way droving for him for a month beforehand. Defendant said: "From what T can hear, he is likely to remain in the district, because you are offering him a permanent billet. I ' don't think you ought to. He is not a man i wo ought to have here, and I moan I to do my best to get Jiim out of the district." In evidence it was alleged that plaintiff came to the district with a bad character 10 years ago, and there had been occasional Tosses of stock ever since. Mr Justice Ohaoman directed the jury that in the absence of malice the circumstances in which the allegations were uttered ' were privileged. Tho other two farmers 'had a common\interest, with defendant in resnect to the safety of their stuck, and lie was privileged i»o express them openlv and freely, -without fear of action, his suspicions about plaintiff. Unless the jury found there was malice they would give n verdict for defendant. The jury found for defendant, with, costs.