ALLEGED SLANDER.

New Zealand Herald, Volume XXXIX, Issue 12055, 27 August 1902, Page 7

ALLEGED SLANDER.

STRAINED FAMILY RELATIONS.

PLAINTIFF'S CASE ABANDONED.

Thkhk was an unexpected termination at the Supreme Court yesterday • morning to the; case in which the -sum) of £2000 was claimed by ; Alfred Robert? Greenway from Charlton Dawson and ■ Maria Louisa Dawson, as special damages for alleged slander, and which came on for hearing before Mr. Justice' Conolly and a jury of 12. Mr. O'Meagher : (instructed by Messrs. Burton and Hammond) appeared for the plaintiff, and Mr. Cotter '; (instructed by Messrs. Hesketh" and Richmond) appeared for the defendants. '. ■:-.-' , ,

The plaintiff (who istho brother of . Mrs. Dawson, one of the defendants) alleged:. that his mother,.Mrs. Greenway, sen., had, in October last, promised to give him the sum of £2000, but that in. consequence of, certain alleged' slanderous expressions which Colonel and Mrs. Dawson had subsequently used in reference to plaintiff in the hearing of his mother, the latter had hot paid the money, and had withdrawn her promise, hence the action. ' ■;■:- ' ;'. / :::/'- •■

Alfred Robert Greenway, the plaintiff, said he was the only son of Ellon Greenway, Hid was a solicitor out: of practice, residing at Avondalo. His father died in March, 1839. After his father's death his mother lived in Wood-street, Ponsonby, for a, time. Whilst she was there > witness had no difficulty in seeing bar when he visited her. She afterwards —witness thought in June, 1899—went to live with her daughter (Mrs. Dawson) at Kllorslie. About a month after his mother went to Dawsons witness went to soo her... Mrs. Dawson came to the door, and after -saying a few words to witness she shut the door in lu3 face. She asked.witness who ho was, pretending not to know him. He afterwards went round to I 'a. side door and into Colonel Dawson's study. Mrs. Dawson, then asked him what lie wanted, and witness replied that ho wished to see his mother. She replied, "Then you can't see her." He said, " I'll stay here until I do see her." His mother then came forward and he-had'a few minutes' conversation with her. Ho gathered from something his mother said to him that he was not wanted at the house. On one occasion, when he asked for his mother, Colonel Dawson said, "She is not up yet, and it will take her about an hour to dress." He saw her after waiting about 20 minutes or half-an-hour. He saw his mother on or about October 2, 1901. He took her to the summer-house, a short distance from the bouse.

Mr. O'Meagher was proceeding ,'to ask witness what occurred between his mother and himself on this occasion, but His Honor ruled % that- such evidence was inadmissible, neither of the defendants being present. - Witness, continuing, said that he was married in the beginning of 1898. Ho informed i his mother of-his marriage. .'Witness had some property which formed part of his father's estate. He sold this property to his wife, and his mother was aware of the sale. Since about 1890 lie and Mr 3.; Dawson had not been on speaking terms. Prior to that they were not on good terms. ■ , <_" Mr. Cotte» asked leave to reserve. his cross-examination > of the witness, ; as, ;ho said, no evidence '= relevant to the alleged slander had been given. • His Honor agreed with Mr. Cotter. Mr. O'Meagher said it had been shown that one of the defendants had shut a door in plaintiff's face when ho went to see his mother.- Surely that was relevant ! : ;. J. His Honor granted Mr. Cotter's request, saying, that the cross-examination might be useless.'

Alice Christina Greenway. \ wife 0.. the plaintiff, said she '"visited Mrs. Greenway, sen., at Ellerslie, about July 7 or 8 last. She saw Mrs. .Greenway, sen., in the presence of - Colonel Dawson. Witness asked Colonel' Dawson . if •he would -help' her" in any : way : to }; ; support his brother-in-law (moaning plaintiff). Witness said that Mrs. Greenway, sen., had promised to help, and that she . (witness) • had been supporting her husband. v Colonel Dawson refused to give any . help. Witness said that if she had the £2000 whloh % she ! understood had been promised by Mrs. Greenway, sen., she could support him. '.-'■' Colonel Dawson said , if tho money were given •'■ the 'Bowdens would get hold of plaintiff and that the prostitutes would get hold of his money. It was intended to use ; the £2000 to pay off a mortgage on ;■ the, property which plaintiff had transferred ,to witness. Witness explained to Colonel Dawson that the property was heavily < mortgaged, and • that V she ' required help. ;; J Colonel Dawson, ~C who .■■ was in v a temper, would not help her in any way., and said he could not understand how witness came to marry such a blackguard as plaintiff,' who, ho said, was " a worthless fellow." Witness replied that her husband was honest and truthful'and had been a good husband to witness.: She also explained that if she had the £2000 plaintiff would not have the handling of it. She ; told Colonel Dawson . that her husband, besides being a barrister, was a Mason. Colonel Dawson replied that the Masons were a bad lot. He said that he would ' give plaintiff enough to keep him from starving, but no more. ■ • • .

;■;',;Mr. Cotter; asked leave to reserve, the cross-examination 'of this witness also. ''■'.. His Honor granted leave and said that the evidence of = the witness amounted, only to the'-, statement that Colonel "-.'Dawson-'.-had called f her husband a ■ blackguard and a worthless fellow, and had said that the prostitutes would get his money,; but these words were : not .actionable , unless special damages were proved.- ■ : ' ; : Mr. O'Meagher- said that Mrs. Greenway, sen., who should have been called first, was expected to prove the promise and the special damages. ,: . ..' /. Helen Greenway, . mother of plaintiff and Mrs. Dawson, said she remembered her son visiting her. in October, 1901. Ho told witness that he wanted some money to pay a debt. Plaintiff mentioned the sum of £2000, but no agreement whatever, was arrived at between them. Witness made :no promise of any kind. -*- . Mr. O'Meagher, at this stage, - began to question the, witness about a letter which it was alleged -she had written to _ plaintiff since the commencement of the action. He intimated his intention of putting the letter in. - .'.. ; " ' ' -■. '-- • *../ - ■: , . Mr. Cotter objected to the letter being put in by Mr. O'Meagher in connection with his examination of his own witness. « His Honor upheld the objection. ' , Mr. O'Meagher said it was evident - that the witness had been tampered .-with. - Mr. Cotter objected to this remark. His .Honor. You have no right to use that expression. You cannot contradict the witness' evidence. You called the witness and now you say that you do not believe her. Mr.' O'Meagher: I said, Your Honor, that by reason "of influence she is becoming hostile. -, _, His Honor: You must prove that." Tho lady, although old, seems to be in full possession ■ of her faculties and I cannot presume that she has been influenced. Mr. O'Meagher: May 1 not cross-examine the ' witness 7 ;■-- , ' His Honor: The witness appears to be perfectly intelligent and she has contradioted what you "called her to prove. I cannot assume that she has committed periurv. Mr. Cotter: If Your Honor did assume that it would simply wipe her evidence out, and' where would the plaintiff's case be His Honor: There would be no case at all. /Mr. O'Meagher again proceeded to refer to the letter. •■ . ; His Honor: You cannot put in that document or refer to it. / I can see no reason to cross-examine the: witness. Mr O'Meagher: If I cannot cross-examine the witness-and I know I cannot do it without Your Honor's consent—l can proceed no further in the case. • . . ,_, His Honor: lam afraid not. Then you will take a nonsuit. '■««««; Mr' O'Meagher: Yes. Your Honor . ■'•' The plaintiff was' then nonsuited, defendants being allowed , costs, according to scale. "' :; ''"'" "■''■■ ''■ -■, -'