SLANDER CLAIM.

Auckland Star, Volume LXVIII, Issue 46, 24 February 1937, Page 8

SLANDER CLAIM.

ELDERLY MAN SUED.

A BROKEN FRIENDSHIP.

WOMAN CLAIMS £800,

How the attitude of an old man to a woman some 30 years his junior changed when she refused to marry him and resulted in allegedly slanderous statements being made by him about her was told in the Supreme Court to-day before Mr. Justice C'allan and a jury. An action for £800 damages was brought by Marguerite Metre Wraeit (Mr. Singer) against William John Bekker (Mr. North and Mr. Field), retired soap manufacturer, on the ground that the defendant had falsely and maliciously spoken of her as performing illegal operations on young girls, and also as being a woman of low moral character. The sum of £400 was claimed on each allegation. It was alleged that the defendant spoke the slanderous statements to Mrs. Lena Dye, of 4."), Jervois Road, and to Frederick Murray, an Auckland City Council amployee.

1 he plaintiff, said Mr. Singer, was a married woman when she met the defendant in 1935 but was taking proceedings for divorce. The defendant was an old man of considerable means and owned projierty. He owned the house which plaintiff rented in Collingwood Street, and when she went to live there lie watched alterations being made. Hp endeavoured to become familar with the plaintiff and pursued her with offers of marriage. He offered to pay the costs of her divorce and under some pressure she eventually agreed. The defendant subsequently pressed the plaintiff to marry him and made her certain gifts. These included a motor car, she trading in her own and defendant paying the balance of about £200. Counsel then read a letter from the defendant to the plaintiff urging her to marry him. Later, in June last year, lie wrote another lettcr saying he could not keep her company any more as his family objected. There wa« a reference to shares in the letter. Mr. Singer explained that to defendant's suggestion of marriage the plaintiff said that she would have to have her future assured on her marriage, and the defendant had mentioned making over 1300 shares to her. In the letter he said that the share* could only be made over in his will. The defendant, however, continued Mr. Singer, did not break off the relations and denied writing her the letter that he intended to do so until shown it. The plaintiff moved into another house in Jervois Road and defendant became annoyed at her avoidance of him. said counsel. He went to the extent of purchasing the house she had rented for the purpose of turning her out. On November l(i he told neighbours of plaintiff that he intended to do eo, and then allegedly made the which were the subject of the action.

Allegation* in Letter. Mr. Singer read two letters from the defendant's solicitor, written last November. In the first the plaintiff was Informed that the defendant had the house in which she was living awl she was given a week's notice to quit. "The last paragraph proves that he did say the words alleged," continued counsel, who quoted ae follows: "Unless you quit I will take proceedings for possession, prior to which I will request the police to take proceedings for certain activities of yours." Mrs. Wrack rang the solicitor and protested. The defendant evidently became alarmed, said counsel, for he sent another letter through his solicitor in which the solicitor stated that his client had informed him that he, the solicitor, had mistaken his instructions. The letter stated that tlie defendant had no knowledge of activities concerning which the police might intervene.

Counsel added that when Mrs. Wrack showed the letters to Mrs. Dye, her neighbour, the latter said, "Oh, he told me that." Mrs. Dye brought Mr. Murray alongv and he, too. stated what the defendant had said about her. It was true that in anticipation of matrimony defendant had made plaintiff some gifts totalling about £200, but they had been forced on her, concluded Mr. Singer. Prior to the plaintiff giving evidence, his Honor said that the relations"between the parties prior to the alleged slander were only indirectly relevant. VVhat the Court wanted to know* was what did defendant say. what did it mean, and if it meant what Mr. Singer said it did, then what damages was plaintiff entitled to. Mr. Singer said he would shorten the evidence of the parties' association, but he wished to show motive. The plaintiff then gave evidence on the lines of counsel's opening. The plaintiff, in evidence, said that she knew that the defendant had been married twici and had five children. She more or less agreed in the end to marry him. i Cro?s-exa mined, she said that defendant inad told her that he was 70. though she suspected that he was older. On the day the slander proceedings started he to|d her he was eighty. The case is proceeding. Mr. Desmond Banks, of Eden Street, Newmarket, who was injured while training on his bicycle at the Western Springs Stadium on Saturday night, and admitted to the Auckland Hospital with a fractured skull, is now reported to be still in a fairly serious condition, although making some progres. Particulars of fares and train arrangements in connection with Katikati Show [on Saturday next are advertised in this issue.