SLANDER ALLEGED

Dominion, Volume 4, Issue 1219, 30 August 1911, Page 7

SLANDER ALLEGED

CASE OF INTEREST. MONCKTON VERSUS BYRON BROWN. CLAIM FOR JC1250 DAMAGES. (By. Telegraph.-Special Correspondent.) Palmerston, August 29. A slander charge, in which a gcod deal of interest centred, was commenced in the Supreme Court to-day. In this case C. A.. W. Moncktou sued Byron Brown tor .£1250 damages for alleged slander. The case camo before his Honour the Chief Justice and a jury of twelve. Mr. C. B. Morrison, with him Mr. Cookc,' appeared for phrntilf, and Mr. Tripp for defendant. . ' ■ It wa3 alleged in tho statement of claim that certain, slanders had boon uttered to Mr, Leslie Skerman (manager of Dalgety and Company's Otaki office), to Mr. Rowland S. Young (managerngent of the New Zealand Loan and Mercantile. Agency Co.), to Mr. S. Beattie (station manager, of Manakau), to Mr. J. D. Howoll, of Otaki, and to Mr. R. R. Martin. In respect of the causes of action, plaintiff claimed in all J51250, and' petitioned for further relief. Evidence for Plaintiff, Stanley Beattie, who was tho first witness, deposed that, on January 26 last, Mr. Brown had said to him: "Don't think that Menckton is a wealthy man; you can't get that-off your mind, Boattie. His paper is being dishonoured throughout the district. ■ I only wish that I had the value of the paper itself on which the bills are written. Surely, as a business man, I ought to know what I am talking about, and what I tell you is correct." Cross-examined, witness stated' that Brown had also said that "everyone in the district was chasing Mr. Monckton for money;" Witness and Brown had been conversing in the train on the occasion referred to.

lie-examined-by Mr. Morrison: The conversation was loud enough to be h«ard by anyone in the immediate vicinity. Roland S. Young, agent at Manakan for. the New Zealand Loan and Mercantile Company, stated that Mr. Brown had made a statement to ' him about the end of tho year, regarding plaintiff Monckton. On that - occaBi'on' witness was at 'Mr. Brown's office, and the conversation started on politics. Witness said to Mr. Brown:

"We will have a hard row to hoe this year -with Mr. Monckton." Mr. Brown then said: "Monckton! Who is Monckton? He pulled a bundle of papers out of the sa/ej and threw them to witness, saying: "look at these—all hts dishonoured papers! I have more dishonoured paper of Monckton's in my safe than I ever had before!'"" Witness did not examine the papers. Mr. Brown continued: "I first added l!J. per cent., then S per cent., then 10 per cent., and, in a few days I will add '20 per cent., and ho wonld sooner ' sign than pay." Mr. Brown added: "Monckton has been round to the bank to try to raise money on his wife's income, bnt it is only an annuity, nnd it dies with her, and the bank won't touch it. Do you know what I would do with you, Eoland Young, if you were working for me, and gave Monckton credit? I should give you tho sack very soon." Witness reported that statement to tho company's auctioneer at i/ovin. The practice in such a caso was that, if they received a. bad report, they could not give credit. Prior to this, Monckton had been on their good credit list, and witness considered it his duty to Toport Brown's statement to the company's auctioneer. To Mr. Blair: Witness did'not. call on Mr. Brown for tho purpose of obtaining an advance of money. Brown had not made loans to witness. Ho had never mado an advance for tho purpose of enabling witness to get married. Tho conversation with reference to tho plaintiff Monckton was begun after witness had concluded his business with Brown.

To Mr.- Morrison: Brown was very bitter when makiug tho statement. , •' John D. Hall, of Otaki, stated that ho had business with Sir. Monckton, who was n. general farmer and dealer. About November last, on tho Otaki bowling Ri'een, a remark had been passed to the effect' that Mt. Monckton was likely to be nn Opposition candidate at the- coming election. Mr. Brown then said: "What chanco has Monckton got? I hold moro dishonoured cheques and bills of his than any other man in the district." Witness retorted that he did not believo it, and Brown replied "that he- was a business man n.nd knew what ho was talking about."

To Mr. Blair: Others were present, and Mr. Brandon (manager of tho Fresh Food and Ice Company, Wellington) might have heard Brown's statement. Witness had repeated this conversation to Mr. Monckton about June of tho present year, and to others before that time. Admission by the Defence. The words used to L. Skermau, agent for Dalgety and Company at Otaki, were admitted by tho defence. They were: "I cannot get any money out of him (Monckton). I hold dishonoured promissory notes of his which have been owing for a long time, and on which I have charged 8 and 10 per cent., and will, on this occasion,'"charge 20 per cent., which ■'Monckto-n will gladly pay. Look hero, Skerman, if this man pays this bill I will give you your house" (held, by Mr. Skerman from 'defendant). This witness (Skerman) was crossexamined, and gave evidence in support of tho statement. James P. Brandon, of Wellington, deposed that, on tho Otaki bowling green Mr. Crown had made a statement to the effect that ho held Mr. Monckton'* dishonoured bills, and that his (Mr. Monckion's) chorines wcru no good. "What I Have Said is Confidential." Richard R. Martin, Opposition organiser, gavo evidence, to • the effect that ho had called on Mr. Brown in connection with political' matters, and to tell him that tho Opposition party were not prepared to officially accept him as their candidate. Mr. Brown then said: "So you are going to run Monckton?" Witness replied: "Yes, we are." Mr. Brown Tetorted: "Monckton cannot afford to fight the election, and he has no chanco of being returned. Witness thereupon remarked that any chances which' Mr. Monckton hud weic being considerably minvoised by such statements as he (Mr. Brown) had made. Brown told him. last timo they met. that ho had a bill of Mr. Monckton's which was constantly beiii? renewed,, and which he did not anticipate would be paid. Mr. Brown added; "It's God Almighty's truth, Mr. Miirtin. Mr. Monckton came iuto my office and asked me to renew a bill a fifth Hme, and I refused to do so. He went out, and mado arrangement's elsewhere for. the payment of 'it. . Witness then'told Mr. Brown that it was exfoolish of him to m.iko statojnenls of this kind—statements which witness had every reason to believo were untrue,' and for which ho might probably get himself into trouble. Mr. Brown remarked that there was a statement about thn.t ho hod already been served with a writ, -and had fainted on receiving service thereof. Jfo then emphasised the fact that ho had mado his statement to only one man at a time, and that his word was as good as witness's. He further stated: "What I have said is confidential." Witness, however, had distinctly refused !o treat the matter as confidential. Mr. Brown came back to the subject of Mr. Monckton's privato affairs, and said that he (Monekton) was not in a position to contest the Otaki seat. "He has no money," said Mr. Brown, "and is dependent on his wife's annuity. Why, I. could buy up l.ho Monckton's.'" Ho then produced n packet of papers from the enUt, and said: "Do you know .what thoio arc? They are land , transfer titles." Mr. Martin was cross-examined at considerable length.

Evidence in similar strain wp.s Riven Ivy Mrs. Straivbridge. W. F. Bennett.Jas. M'lirtosli, H. S. Williams, ,T. Hartinnnn, and C. A. \Y. Monckion, plaintiff. This concluded the caw for I lie plaintiff; and counsel opened t.ho defence, and called the defendant Byron Brown, who pave a general denial to the evidence of 7>io?t of the witnesses, but admitted having made, statements to three of them. The Court adjourned till to-morrow.