STATEMENTS IN LETTER

New Zealand Herald, Volume LXIX, Issue 21281, 7 September 1932, Page 12

STATEMENTS IN LETTER

CLAIM FOR DAMAGES WOMAN AWARDED £IOO Judgment for plaintiff for £IOO damages and costs was given by Mr. F. H.. Levien, S.M., yesterday, in a reserved decision in the Otahuhu Magistrate's Court yin an action for £3CO damages brought by Annie Elizabeth Neal, a married woman, of Otahuhu, against Thomas C. Robertson, labourer, also of Otahuhu. Plaintiff alleged that defendant was, the author of an anonymous letter containing false and defamatory statements concerning her which had been received by a taxi-proprietor, J. W. Lovelh of Otahuhu, in April, 1931. In giving judgment, the magistrate said there could be no doubt thdt the expressions used in the letter were of a libellous nature. Defendant had not sought to justify the statements, but had denied any knowledge of the authorship of the letter. Two witnesses had given evidence as to the handwriting in the anonymous letter and in the admitted specimen of defendant's handwriting being identical. The magistrate mentioned that one witness bad appeared as an expert witness on handwriting in many cases of criminal proceedings. The evidence of these witnesses had not been contradicted and Mr. Luvien said he accepted their conclusions that defendant did write the letter in question.

A par}, from the definite evidence as to handwriting there were many circumstantial features of the evidence, the magistrate said, which caused him to give judgment against the defendant. Under the circumstances, said Mr. Levien, he was of the opinion that tho sum of £IOO with costs would be adequate damages for plaintiff. He would enter /judgment accordingly. Leave of appeal was granted on the request of defendant's counsel.