A GISBORNE SENSATION.

Auckland Star, Volume LIV, Issue 288, 3 December 1923, Page 7

A GISBORNE SENSATION.

SLANDER ACTION FAILS.

CLAIM FOR SIOO DAMAGES.

α-erdict for defendant.

A case of unusual interest was hea-xl t at the Magistrate's Court at Gislborne £ before Mr. E. C. Lewey, S.M., when Joan Mellor and Henry Mellor euea suoa Reginald Watson Kyme for £100 damages for alleged slander. :> The statement of claim set out that * on Wember 3, 1923. the defendant 1; falsely and maliciously published of f' the plaintiff Joan Mellor to A<me» Mellor, Charles Hanes and other ~ by- ' standere: "He (Charles Hanes) took'a ( week off to etay with you (Joan Mellor) s in Auckland." ■'You have been <r o ini* * with Mm for two years." "He has°kept !. you in clothes." '-You are Macky \. I-ogan's fashion plate." And on November 2, 1923. the defendant 8 falsely and maliciously spoke \ and published of the plaintiff, the said Joan Mellor. to one Charles J Hanes, the following words: ''You (Hanee). took a week off to stay with ] Mrs. Mellor (plaintiff), in Auckland. , - ' '"You paid her expenses to Auckland." ' "You have been going , with her for , two years." '"You have kept her in ' clothes." '■She is Macky Logan's ' fashion plate." It was claimed that these words were intended to mean [ that the plaintiff (Joan Mellor) waa ' an immoral woman and that an im- ' moral relationship existed between plaintiff and the eaid Charles Hanes. By reason of these statements the plaintiffs had been much injured in | their credit and had 6uflered much anguish of mind. Mrs. Mellor'a Evidence. Mr. R. B. Hill appeared for plaintiffs and 3lr. L. T. Burnard for defendant. Joan Mellor, wife of Henry Hastings Mellor, public accountant, said she lived with her husband and was on friendly terms with him. She had three sons in 'business 'known ac Mellor Bros., and one daughter. Last month sbe went to Auckland to take her daughter to a physician. She had. intended to go previously but the weather was too rough. She booked again on October 6 but it was etill rough. Then she decided to go overland on October 10. Her husband bought the ticket. At Auckland she stayed at "Bellevue." her daughter staying with her. She wae in Auckland for her niece's wedding. They were with her the whole time. In Auckland she met Hanes eeveral times. The first time she met him with Ghrisp. ,She arrived on the Friday night and it was on the Monday she met them. Chrisp was engaged to iher daughter. She saw Hanes on several occasions. He took witness and her daughter and Chrisp to afternoon tea. He stayed at "Bellevue" from Thursday night till Tuesday afternoon. She knew he changed his lodging because his room was noisy, and Ohrisp advised her to come to "Bellevue." She had known Hanes for the last fifteen years. He was a great friend of her husband and visited their house perhaps t-nriee a year. When she came back after three weeks her husband said that Mrs. Hanes had "been to his office and eaid witness had been in. Auckland with her husband and he had been keeping •witness for the past two years. She got her husband to get Hanee to come to their house and he came down at once. From what Hanee eaid she decided to interview Kyme. 6he and her daughter s*w Kyme in his office at Macky, Logan and- Oaklwell, Peel Street. Witness described a very lively encounter and eaid she understood T>y the words Kyme used that he indicated witness wae nothing but a bad woman. In regard to her clothes witness said she had got nothing from Macky, Logan's. She got moet of her clothes from Adair Bros, or Ballantyne's, Chistchurch. Hanes is » traveller at Macky, Logan'e. Kyme said that dozene and dozens of people came to him and told him eibout the Mine thing. Henry Hastings Mellor, husband of Joan iMellor, remembered fcis wife's visit to Auckland. Witness paid the money. His wife got her clothes at Ballantyne's, Adair Bros., and probably Johnny Adair. Witness had got cldthee for himself at Macky, Logan's, and there was nothing unusual in a carter from the firm carting at hie house.

Ktmes Mellor, 21 years of age, said she "Vent to Auckland with her mother on October 10, overland. Witness father paid for the tickets. They stayed at "Bellcvue." They had a double room. They were there a little over a fortnight She remembered meeting Hanea. Her mother and Chrisp -were there also. Hsthee was staying at the Albert but later moved to "BeUevue." "Witness knew Hanes ten or twelve years. Witness gave details Of the with Kyme on lines similar to those of plaintiff. Defendant Examined. Charles Samuel Hanes said for the last eleven years he was partly traveller and partly warehoue<snan at Macky, Logan's. Owing to unpleasantness he resigned of his own free will. The position was when the row wae on one of the directors cam* and investigated. Since he left witness had been referred to the Gielx>me manager for a reference, "but I would not wrap three pennorth of in it, he said (Laughter.) While .in Auckland he met plaintiff and her daughter and George Chrisp. At Auckland he was staying at the Albert Hotel but chained his residence for good reasons chiefly peace and company—and went to Bellevue where there were several Gieborne people. Hβ met Mrs. and Miss Mellor and took them to "ternoon tea. He got back to Gitib6rne on the Thursday night and went to the office and had an interview with Kyme, who said: "You remained a week off in Auckland and stayed with Mrs. Mellor." Kyme immediately started oh Mrs. Mellor. He said witness paid her fare o verland to Auckland and had been keeping her for two Tears, keeping her in clothes and that "she was Mackr, Logan's fashion plate Witness kept quiet because it was the only way he had of finding out the position fit affairs; if he had lost his temper he would nnd out nothing , .

Under cross-examination witness said it was quite possible parcels from Mackv, Logan's went to Mrs. Mellor but witness had nothing to do with it. He admitted having been out walking with Mrs. Mellor but denied that these walks were "by arrangement." Evidence was given by Joseph Bennett, Harold John Owen and Raymond Scholium, carters, who stated that at

defendant's request they had delivered numerous parcels to Mre. Mellor's house. Richard Edward Murray, employee at Maeky, Logan's, said that for about two years he had seen Hanes and Mrs. (Mellor together. He had seen them on numerous occasions on the beach. His mate lived on the beach, and witness went along the beach at all hours. He did not mistake Mrs. Hanes for Mrs. Mellor. He had also seen them at the Catholic mission. He had also seen : them at the lower end of Bright ] Street. 1 "Cut The Game Out." Reginald Watson Kyme, manager of Macky, Logan, said Mrs. Hanes came to the warehouse crying bitterly and almoet in a state of collapse. She asked if she could speak to witness. She taid her husband 'bad treated her badly for the last two years. He had been carrying on with Mrs. Mellor. Her eon Herbert, she said, met them some weeks ago going to the beach, "and now," she eaid, "Mrs. Mellor is up in Auckland and my husband is up there also." She said lie had I taken an extra week off in Auckland, |and said he must have |aid their fares overland to Auckland. She said he must be providing them -with clothes because he 'had no money for her. She had asked him for a birthday present, but he said ho had no money. She said, "I know ! he's spending it in other ways." Recently, she said her 'husband had been coming home and saying, "Get to h out of the house and b well stay out." Witness told Mrs. Hanes l.c wae sorry for her. He said he was afraid he couldn't do much for 'her because he'd nothing to do with Hanes' movements before o r ofter business. On defendant's return to Gisborne witness questioned him, and Hanes said he was out with Mrs. Mellor in Auckland only a few times. He begged Hanes to "cut* the game out," saying 'he had broken his wife's heart and would break 'up his 'home. Witne s denied liaving eaid on the howling green that Mrs. Mellor was '• a walking fashion plate." The Magistrate's Decision. Counsel addressed the magistrate. In the course of his address Mr. Hill said Murray wae wrong in saying that he saw Mrs. Mellor and Hanee on the last night of the Catholic mission, a Saturday. Counsel could prove and offered to do co, that Mrs. Mellor did not attend the mission after the Wednesday evening. In his judgment the magistrate reviewed the evidence at length. The evidence resolved itself into three«or four branches. The evidence of the carters was damaging if it could he accepted, and he saw no reason to disregard it. Then there was the allegation made at ' the close of the interview at the office, corroborated, strange to cay, by Hancs, ' who in his own way used the t'ireJ serious words in the allegation. Then ' came the question of the walks, which, however, were not very important. Then 1 Mrs. MelloT said ehc didn't know and didnt want to know the wife of the ' witness Hanes. yet she persisted! in her friendship with Hanes. Hanes on hie • part knew cf his wife's feelings in the matter, and persisted in his friendship ' with Mrs. Mellor. There may 'have been 1 nothing wrong, but if anyone did suggest ; anything wrong they could not be ' blamed. If defendant were the party ■ making the attack, it seemed strange • he should oTder the plaintiff cut of his ' office. Judgment would bo for defendant, ' wifch coßts £7 9/.