ALLEGED SLANDER

Evening Post, Volume CXX, Issue 109, 4 November 1935, Page 11

ALLEGED SLANDER

A CLAIM FOR £400

WOOD CUTTER AND FARMER

Damages amounting to £400 for alleged slatader were claimed in the Supreme Court today by George Henry Carter,' butcher, of Lower Hutt, from Spensley Dickson Thomson, farmer, of Stokes Valley. The plaintiffs allegation that the defendant had publically accused him of stealing timber was completely denied by Thomson, who in alternative defences alleged justification, and claimed privilege. The case came before Mr. Justice Blair and a jury. Mr. W. E. Leicester appeared for the plaintiff, and Mr. A. M. Cotisins for the defendant. The plaintiff, said Mr. Leicester in opening, was 22 years of age, and was usually employed as a butcher's assistant. At the time of the alleged slander, however, he was timber cutting at Stokes Valley, where the defendant owned land. Towards thk end of May of this year, while he was on relief work, the plaintiff heard that a man named Walker, who had been cutting timber on the defendant's property, was giving up that work, and the opportunity to cut timber on the land was open to anybody who could arrange terms with the defendant. The plaintiff and a man named Bowen decided to go into partnership and cut timber. Walker introduced Bowen to the defendant and, it was alleged, the latter granted the right to cut rata and rimu on condition that a royalty of 6s per cord was paid to him. Subsequently the plaintiff and Bowen went to Thomson's house, and Thomson handed Bowen a timber-cutting agreement. Carter and Bowen commenced wood cutting and sold some cords of timber. Royalties were paid to the defendant on some of this, and it was the plaintiff's intention to pay the balance on the twentieth of the month—the customary day of settlement in the timber trade. MISHAP TO LORRY. On July 18 a lorry which was taking some timber cut by the plaintiff to Petone went over a bank. Carter went to Thomson's place, and in Thomson's presence telephoned for a breakdown van. Difficulty was experienced in getting the lorry out, and between 9 and 10 p.m. three lorries were on the scene. At this stage, continued counsel, the defendant arrived, and his first words were: "This timber is stolen. Who is the driver of the truck? Are you aware that this is stolen timber? If a slick of this timber leaves tonight I will put the matter in the hands of the police." The plaintiff, continued Mr. Leicester, then came forward and asked what was the matter. Thomson pointed to him and said: "Oh, you're the one. Here's the man. You have stolen this timber. Do you know you have already taken three loads?" The plaintiff said ho had taken only two loads. Thomson asked where his royalty was, and the plaintiff said he would pay on the following day. He borrowed the money and went to pay Thomson the next morning, but he refused to accept it, and would not recognise the agreement. Mr. Leicester said the plaintiff would deny that Thomson had said on the night of the ; alleged slander that royalties were to j be paid before timber was removed. Evidence was then called.