ALLEGED SLANDER AND ASSAULT

Dominion, Volume 31, Issue 140, 10 March 1938, Page 3

ALLEGED SLANDER AND ASSAULT

Decision Reserved In . Auckland Case By Telegraph—Press Association. Auckland, March 9. A claim for £lOO for alleged slander and one for £lOO for alleged assault were brought against Alexander Johnston, described as a bookmaker, in the Magistrate’s Court by John Robert Rigg, woolworker. Mr. F. K. Hunt, S.M., was on the Bench. Plaintiff was represented by Mr. Dickson and defendant by Mr. Meek. Plaintiff, in evidence, said defendant was a bookmaker. Witness had dealt with him for about two months, and on January 31 incurred a debt of £lO over some bets placed with defendant. The horses lost, and when defendant called plaintiff said he would get in touch with him later. He rang defendant’s office at about 5.30 on February 1 and made arrangements with the clerk to pay on the following Monday. On February 2, at 7.10 a.m., there was a knock at the door of his house at Grafton Road. Witness answered the

door and found defendant there. Plaintiff told him he had made arrangements to pay the money at defendant’s office the following Monday. Defendant’ said: "Have you?” and hit witness over the right eye. Witness saw a knuckleduster or ring glisten as the blow travelled. ' Witness picked up a piece of wood and defendant made a movement toward his hip pocket as if he had a gun there. Witness ran and got an axe and threatened him with it to pacify him, because defendant was acting like a madman. Defendant said: ‘l’ll teach you to steel a cheque from my office. I’ll get you six months. I’ll go to work and get you the sack.” Witness said defendant then went away, still shouting abuse. Previously witness had won £3l and had given £lO of it to his brother for safe keeping, and he was going to get this money to pay his debt. Defendant, in evidence, said he had known plaintiff about three weeks. On January 31 he booked up £lO in bets with a promise 'that he would pay by noon the following day. When plaintiff did not arrive defendant went to plaintiff's work and arranged for him to pay between 5 and 5.30 p.m. Plaintiff did not arrive and so next morning defendant went to his house. Plaintiff came out and said : “What do you want here.” Witness said : “I have come for m.v money.” Plaintiff slipped round the side of the house, saying: “I don’t pay any bookmakers,” and got an axe. Witness hit him. Plaintiff swung the axe up again, so defendant went away. As he went away he said: "If you don’t pay me that £lO you are a thief. I paid you £3l last week and now you have been dodging me.” Defendant had said nothing about plaintiff stealing a cheque.

The magistrate reserved his decision.