SLANDER ALLEGED.

Hawera Star, Volume XLVII, 16 March 1928, Page 5

SLANDER ALLEGED.

AUCKLAND CITY COUNCILLOR AW A R I>El> DAM AG ES. r]JY TEEEGRAPfa-PRESS ASSOCIATION.] AUCKLAND, March 15. The sequel to the city inquiry which was commenced at- the end of last year, was heard in the Magistrate’s Court this morning before Mr. F. K. Hunt, when Michael John Coyle, a member ot the Auckland City Council, sued John James Edgar, of Point Chevalier, for damages for alleged slander. _ There were two separate cases for action .and: £9O was claimed on each.' The cases were heard together. _ In his statements of claim plaintiff set out that on January 9 Edgar was in a bus proceeding to Point Chevalier. 11l a loud voice he said to plaintiff: “He is a rogue. He has stolen stone from the City Council, not only for him self ; but for others at Point Chevalier.’ Thomas Eli Oheal, one l of -those to whom the words were addressed, thereupon stated he was sure plaintiff could prove that lie did no t steal the'stone. Defendant answered: “You cannot put that stuff across me.” Oil February 4, it is also alleged, defendant, while in Queen Street, said to H. A. Somnierville, secretary of the Auckland Hospital Board: “Coyle has been taking stone from the council fop X’/A Q I'C , *

years Plaintiff stated that defendant meant and was understood to mean, that plaintiff was dishonest .and guilty of dishonourable conduct in using a position of trust and confidence as a city councillor to obtain for himself an improper advantage. Counsel said his defence would be a denial that the words were used. Counsel asked for a non-suit on the grounds that no damage had been proved, but the Magistrate did not allow it. The defendant, Edgar, stated that ho had known plaintiff for a number of years, and up to recently Iliad been one of his supporters. Witness had said to Sommerville that Coyle had been building rockeries for years' and he .had now found where Coyle had been securing some of the stone. He seemed to have been obtaining it from the council. Witness remarked to Sommerville that he did riot think it a correct thing to do. Witness had never made any suggestion, that Coyle had stolen the stone. He said to Oheal that he believed Coyle had been, getting stone from the council,. and whether lie had paid for it or not, he considered it was not a correct thing for a councillor to do, ;

Plaintiff said lie had got stone froirs the City Council and had paid for it. Ho had ben receiving letters of an insulting nature from Eldga r fox- - just about two years, and he had brought this action to vindicate his character ;

In -awarding plaintiff £lO damages oh each claim, the Magistrate, Mr. F. K. Hunt, said it appeared to him to be a case of an excitable old man allowing his tongue and also his pen to run away with him. He was satisfied defendant had used tlie words complained of, but in a reckless manner without any intention of harming Coyle.