FALSE ACCUSATION

Evening Post, Volume CXX, Issue 110, 5 November 1935, Page 16

FALSE ACCUSATION

DAMAGES FOR SLANDER

JURY AWARDS £220

In the Supreme Court yesterday a jury awarded George Henry Carter, butcher, of Lower Hutt, £220 damages in a slander action against Spensley Dickson Thomson, farmer, .of Stokes Valley. The action arose from an incident in which Thomson accused Carter of stealing timber. Evidence for the plaintiff showed that Carter was in partnership with a man who had an agreement '-with ■ Thomson to cut timber on his property. For the defence it was contended that at the time of the slander Thomson honestly believed that the timber was being stolen, and was acting in defence of his own property. In evidence the defendant admitted having drawn up an agreement in which a man named Bowen (Carter's partner) was given permission to cut timber on his property on payment of a royalty. The agreement, he said, did not contain all the conditions, there being a verbal condition■' that royalties were to be paid before the timber was removed from his property. Thomson said he was annoyed about' several discoveries he had made in connection with the condition of a fence and some native bush. On the day he accused the plaintiff of theft he was very wild. Witness admitted he had used the words alleged by the plaintiff, and said he believed Carter to be stealing because he had not paid royalty on the timber in question. \ The defence of justification was withdrawn.

Mr. W. E. Leicester appeared for the plaintiff, and Mr. A. M. Cousins for the defendant. -. ; , "