ALLEGED SLANDER

Auckland Star, Volume XLI, Issue 272, 16 November 1910, Page 2

ALLEGED SLANDER

■ CLAIiI.FaR. .£250 D-AMA-GES. A cliiini for £250 damages, for alleged Blunder, brought by Henry Mehaffy against ; Robert Fulton, waa heaid this morning before a common jury of four. lilr. J. It. Keed appeared for the plaintiff ; and Mr. T. Cotter for the defendant. \ The plaintiff in. the action is a farmer of Puni, near Pukekohe, and the defendant Is a near-by neighbour. Plaintiff alleged that on or about August 13, 1906, tile defendant - said to another farmer, in reference to the ( -plaintiff: "Yvn hart better be careful about jour neighbour, Mehaffy. He's been up to i <Mittle-«stoaling- in Taranaki, but managed to i ■vrrlgslw out of it." As v result of this, ■plaintiff alleged he had suffered damage to ' tis credit and reputation. Counsel for plain- ; tiff suited the plaintiff's connection with, a " "ciiule sTealiflg case tt Tirnnrakl -was that lie was a witness for the defence in-an action in which the defendant was acquitted and later obtained damages. The points to ■ be raised for the defence, said tue pla.tatiff'3 : counsel, wore tha-t the words were not used; if Hiey were, they wore not what was alleged of them: and, if they were, they • ■were ksmed iv a manner Urat would be pro- ' tected by law. The plaintiff, Henry MebaiTy, deposed ftat ■in 1906 he came to Auckland, and in aHOS . went on to Pukekohe, and purchased a farm. ' In consequence of rumours he heard later, witness got certain inforruaiebri "from a Mr. Harper on May 30 this year. He 'had suffered loss through rumours being circulated that lie had been eattle-stealtng in Taranaki. Plaintiff had never been charged with cattlestealing or any criminal offence. To ■JJ-γ. Cotter witness admitted haying been convicted and Dned for cutting a curtain in the Taranaki Town Hall at a poliaical meeting. He admitted having brought an action aguhist the Tramway Co., Aueklaud, for damages, and having been defeated. Further, lie admitted the farm -at Puni, and everything connected with the farm, Wtts in mis wife's-name. '"Mr; Cotter stated that the defendant had no knowledge of the plaintiff ever having bwn charged with, cattlo-eteallng, and tiey said they had absolutely never used the ■words iUleged. The plaintiff sa id that this w-asr all he liad required, an absolute denial, and an. adjournment for a few minutes was allowed the parties to see if a settlement could be aririved a(. This was not effected, and the cross-examination continued. To Mr. Reed, plaintiff said the injuries no. rerttived ni « tramway accident were fractures v, both legx, his arm and hand, iind other injuries, and the action he brought was no foolish litigious business. ( Hnrper, innd agent Avondale formerly of Puni. said his farm at Puni was aojrt to the plaiuiUff's. -About a month after ' witness had beeu in Puui, in .August, lilO!), at? met defendant Fulton going to the Pukesales. Witness only had a noddinc ecquairatance with Fulton, but they struck Tin a <-onversation, and Fulton told witness *hnt he wanted to be careful of his neigh.n.Mjr lichaffy. Witness asked why, and defendant said he had been had up for cattle-stealing in T&ranaki, but managed to pet out of it. Witness only told this ito his wife, as far us he remembered. He told the statement to plaintiff some time later .'," iKsequently iv Msiy Fulton asUeil witness On! be rell plaintiff that he (Fulton) had Bujd plaintiff got gaol for ca*tle«tea]lnK? "ilness said he had never said anything nbout gaol, and Fulton again repeated what be said about Mettaffy being (had up and <*etrang out of it, and added that 'he was the man to say it to ■Metaffy's face.