CORK SLANDER ACTION.

Dominion, Volume 2, Issue 535, 16 June 1909, Page 7

CORK SLANDER ACTION.

FIVE POUNDS DAMAGES. (BY TELEGRAPH—-PRESS ASSOCIATION—COPYRIGHT.) (Rec. June 15, 10 p.m.) London, June 16. -Before Mr. Justice, Kenny and a County Dublin special jury, the Hon. Alexis Roche was awarded £5 damages, with costs, in the action which'he> brought'against Sir Timothy, O'Brien, <rf Lohort Oastle, County Cork, claiming £3000 damages for slander. - The ground of the action was that defendant had called plaintiff a ."swindler" in connection;with the sale,of horses. . I A HORSE-DEALING PLAINTIFF. | This case was delayed because the first trial S roved abortive, as the defendant (Sir Timothy 'Brien) was held to have committed contempt of Court in'holding a communication through a third . party,, with one of the jurors; for which l ho .was fined £300, and was ordered to pay .costs, as well as costs of the abortive trial. The original action for slander—in which the verdict is now given—was brought by the Hon. Alexis Roche, a son of the late Lord Fermoy, and son-in-law of the - late Lord Gbschen, ogainst Sir 1 Timothy C. O'Brien, formerly a well-known - Oxford and Middlesex cricketer, now-living at Lohort Castle, County Cork. Plaintiff claimed .£3OOO damages. Stating, the plaintiff's ca.se, the Solicitor-General- saia the slander was of the gravest character. The defendant alleged that Mr. Roche had lived a criminal existence for twenty years, : in. words not spoken in heat, but deliberately uttered oh a public occasion selected by the defendant. The words of the slander,' uttered at the meet of the Duhallow Foxhunt, near Mallow, County Cork, were:—"You are a liar, a thief, and a swindler.- -Ton live 1 by swindling. To my knowledge, you have lived by swindling fn twenty years." Both Mr. Roche and Sir , Timothy O'Brien, who had not been on ipeaking' terms,'met at the hunt. As thoy were •riding from one fox cover to another Sir Timothy O'Brien pulled up his horse, and in the presence of a number of gentlemen used the expressions complained of. ; ' The allegation by defendant was made in connection with the sale,of horses by plaintiff. In the original trial plaintiff , gave evidence that ,at one, time .'he win ranching in America with Sir Horace Plunkett, and finally settled in'lreland in 1888. He gavo details as to sales of horses, including three which he sold to the Duchess of Sutherland. Cross-examined, plaintiff said he had' not muoh private m_eans, and whatever- he- earned »was> -:by, horSc-dealing. Previous to the-slander- being- uttered he was speaking of, clem ? d ho,.had .made any offensive statement about;.tho;. lady. It was not in reference to this that Sir 'l'imothj called him a liar. He. denied that he. was living ,b£ his .wits. • His wife had" an income. Any • contributions he made to the household expenses were what he earned by horse-dealing. Bofore 'the occurrence at Duhallow Hunt he was not in trouble about anything lie said about a lady. He had received some writs within tho last two years. '