APPEAL COURT

Manawatu Standard, Volume LIV, Issue 88, 13 March 1934, Page 2

APPEAL COURT

WELLINGTON CASE. l’er Press Association. WELLINGTON, March 13. The hearing of the case, Boddie v. Sievwright, was resumed in the Court of Appeal this morning. The appeal arises out of an action for slander brought by the appellant Boddie against the respondent Sievwright, and heard before Mr Justice Ostler in June last. ' Mr "Weston dealt at some length with the . facts which had been before the Court below. He later applied for leave to adduce further evidence relating to facts which had occurred since the action was heard and relating to the activities of appellant in Christchurch in connection with his formulae. Mr O’Leary, for respondent, objected to this evidence being given, and said that, in any event, tho matters intended to be proved thereby were not contested.

Mr O’Leary submitted that Boddie should not be allowed to bring before the Court evidence of events which had taken place since the Supreme Court trial. He contended that new evidence was only a veiled attack upon the truthfulness of respondent’s witnesses.

After hearing Mr C. H. Weston, counsel for the appellant, in reply, the Court expressed a unanimous opinion that new evidence should not be admitted. Mr Weston then continued with the main grounds of the appeal, the first of which was that tho trial Judge had been in error when he had held that the publication of two of the libels had not been proved.