PENNY DAMAGES AWARDED

New Zealand Herald, Volume LXIII, Issue 19488, 18 November 1926, Page 17

PENNY DAMAGES AWARDED

INCIDENT AT MERCER. REMARK CAUSES TROUBLE. [by telegraph.—own correspondent.] MERCER. Wednesday. One penny damages was awarded by Mr. Wyvern Wilson, S.M., in the Mercer Magistrate's Court to-day in a claim for £3O damages for assault made by Victor R. Selwood, telegraphist, of Mercer, against Edwin A. Clark, railway surfaceman, Mercer. Evidence was given that on the afternoon of October 2, plaintiff was accosted by his younger brother, Allen Selwood, who asked him why he and his wife objected to him boarding with the Clarks. Plaintiff said that he replied "Because Mrs. Clark is no good to you." The younger Selwood's evidence was that his brother's reply.was: "Because Mrs. Clark is no good and you are no good to stay there." Clark's house was nearby and Allen Selwood called Clark over and informed him of what the elder brother had said. Clark then walked over and struck the elder Selwood a blow on the eye with his fist. Plaintiff told the Court that he had been asked by his mother to use his influence with his younger brother to induce him to leave the Clarks. He did not in any way intend to suggest anything against Mrs. Clark's character. For defendant, Mr. Dickson submitted that Clark could only assume that plaintiff's words reflected on Mrs Clark an 3 in striking plaintiff he had only followed the natural course of resisting such an imputation. For plaintiff Mr. Grierson submitted that, Clark had no right to take the law into his own hands. The magistrate agreed that this was the strict legal position. He added that Clark's action had been a very natural one. He considered he would allow a trifle damages by awarding plaintiff one penny. Judgment was entered accordingly. Plaintiff was not allowed costs. ' Arising out of the circumstances of the assault case, Mrs. Clark claimed £SO from Victor Selwood for alleged slander. This case was partly heard when the Court adjourned until next sitting.