ASHBURTON.

Press, Volume XLVII, Issue 7449, 15 January 1890, Page 6

ASHBURTON.

CIVIL SITTINGS.

Tuesday, January 14. (Before his Honor Judge Ward.) M'PHEESON V THOMPSON. This was a case in which James McPherson, of flakaia, laborer, sued John Thompson, of Rakaia, milkman, for the sum of £25 as damages for alleged false and malicious words concerning plaintiff, which defendant had spoken and published. The words were to the effect that plaintiff had cut the leg off defendant's bull.

The statement of defence opened with a general denial of the plaintiff's allegations, and further, that the words did not bear the meaning put on them by plaintiff; that plaintiff had suffered no damage, and that the plaintiff had hamstrung a bull belonging to defendant, and the words were, therefore, in substance, true. Mr Crisp for plaintiff, Mr Wilding for defendant.

James McPherson, the plain tift, stated he was nicknamed " Scottie." On November 21st he met defendant at a hotel in Rakaia. Thompson and a man nanjed "Raspberry" came in and had a glass of beer. Thompson said—" 'Scottie,' I did not- think that you would go and do what you have done." Witness asked what it was, and Thompson replied, "You cut the leg off my bull." Thompson said he was tetting another bull, and before witness id anything to him he wanted the use of the new bull for six months. He said he had seen witness and another man taking stock of the fence, and he had followed witness' footsteps through the fence. Thompson said three or four times that he was surprised witness should have done such a thing, and he afterwards said that witness had done it for another man.

By Mr Wilding—He had no grudge against Thompson. Witness was at home on the night the bull was injured. He denied having stated that but for defendant the constable would not have had him. Witness did not ask "Mick" to come to Court and swear that witness was in bed by ten o'clock that night. James Irwiu gave corroborative evidence as to the affair in the hotel. Thompson afterwards said to McPherson, "You would as lief cut my throat as cut the bull." Witness did not believe McPherson had cut the bull. All were sober with the exception of " Kaspberry." . George Murray was also at the hotel when the charge against "Scottie" was made. They treated the matter as a joke. Mr Wilding opened the case for the defence, and called John Thompson, the defendant, who, after some argument as to his religious belief, was sworn. In reply to Mr Crisp, witness said he had no particular religious belief. He didr not believe in a Supreme Being. After argument as to whether witness, under the circumstances, was competent to give evidence, Thompson was told to stand down.

— Mahoney, a laborer, stated that on the .evening of the 18th November •'Scottie" McPherson shared a bedroom with him in Ruter's boarding-house. Subsequent to the row about the ball, " Scottie " asked him to come to Court and swear that on the evening the bull was hurt he was in bed by ten o'clock. Witness declined, as " Scottle " did noc enter his bedroom till about two o'clock in the morning. " Scottie " did not ask witness to come to Court and say anything that was not true. Edward McAnulcy said he was with McPherson on the night the bull was cut. They were at the hotel. When he left McPherson the latter said he was going to the river to catch a trout.

Constable Fitzgerald stated that he was stationed at Rakaia on tbe evening the ball was injured. Thompson reported the matter to him the following morning. John Thompson, the defendant, was here allowed to make an affirmation, and give evidence. He stated that about two years ago he had instructed the police that " Scottie" was tbe man who had ransacked tbe tent of a man named " Yorkle." On the evening that witness* bull was injured he saw " Scottie" near his land, and when " Scottie" saw witness he lay down on his face. About midnight there was a disturbance in his stockyard where the bull was. The next morning he discovered the bull hamstrung. No person but " Scottie " had a grudge against him of any serious consequence. Witness, two days afterwards, saw " Scottie " in the hotel, and asked him to let the new bull alone. By Mr Crisp—Witness had no doubt that "Scottie robbed Yorkie's tent two I years ago. Since then they had not been on speaking terms unless they met at a hotel and had a few drinks. At the time he charged "Scottie" with cutting the bull he was excited with drink. He thought at the time tha* " Scottie" had cut the bull. He was certain the night that "Scottie" came round his place that something was going to happen. In his own mind he (witness) believed "Scottie" had hamstrung the Hull, and about the next thing he would do would be to go for himself. Counsel having addressed the Court, His Honor briefly summed up, and awarded damages, £5, and two guineas professional co3ts.