ACTION FOR SLANDER

New Zealand Times, Volume XLIX, Issue 11295, 22 August 1922, Page 5

ACTION FOR SLANDER

VERDICT FOR DEFENDANT STORIES’ OF VISITS TO THE CHIEF OF POLKJE. PLAINTIFF NOT CALLED. An action for alleged slander occupied the attention of the Supreme Court yesterday, before His Honour Mr Justice Salmond and a jury of twelve, of whom Mr L. Sievers was elected foreman. The plaintiff, John Page, of the Wellington Spiritualistic Church, for whom Mr T. C. A. Hialop appeared, proceeded against Margaret Stables, wife of John William Stables, who was defended by Mr M. Myers, the amount of damages being laid at £5Ol. The slander complained of consisted, allegedly, of the words spoken and published by the defendant: “The police hold a letter now that will send John Page to gaol ; and the plaintiff maintained that the effect of the slander had been to injure greatly his character, reputation, and credit.'and to bring him into pubJio scandal, hatred, and contempt. For the defence, it was denied that the plaintiff was a pastor of the Spiritualistic Church, and a general denial, also, was made of all the other allegations. Mr Hislop, in outlining the case, referred to the growth of Spiritualistic doctrines and beliefs during .modern times, and suggested the inadvisability of a general popular disbelief or contempt as to practices and thought, of ■which such prominent men as Sir Oliver Lodge and Sir Arthur Conan Boyle were supporters. Counsel, then, dealt with the history of such religious beliefs, and referred briefly to the statutes in connection with matters of fortune-telling and wifh the technical differences between libels and slanders. “THE BIGGEST LIAR.” James Toomath, secretary of the New Zealand Natives’ Association, then gave evidence, under examination by Mr Hislop, as to certain conversations; and, under cross-examination by Mr Mjere, confessed that he thought Sir Arthur Conan Doyle “the biggest liar on earth.’' Also, said witness, in connection with alleged prosecutions of persons under the Act, .“lots of other people ought to be convicted, but they are not.” THE CONVERSATION. William Anderton, Spiritualist leotnrer, deposed to being here in connection with a series of lectures given m in the interest* of the Spmtualietio Church. It whs on May sth last, said witness, when he had first met. Mrs Stables, to whom he had been introduced by the witness Toomath. Mrs Stables was collecting on the street for the Russian fund. "Witness then went on to detail tne Conversation between them, and .told how (allegedly) Mrs Stables bad said to “Yon will never do any good while yon associate with Page.’* . . Witness said be tried to reason with Mrs Stables, pointing out the seriousness of Her charges against Mr Page; bat the argument was not a very long one, for Mm Stables seemed to be rather excited, and she shook her box about a good deal. THE liHITER. To witness’s continued remonstrances, lie said, Mrs Stables replied: “As tong as yon continue to associate with Page you will never do any good. The police at this very time hold a letter which will put Page in gaol.” Under ortit" nr.™.*™, witness admitted that at the present time he was following the profession of a healer. His advertisements in that connection were in the papers.. Hie knew a* the «jnw» of his introduction, to Mrs Stables, that and Page were not on friendly terms. He knew, he said, that the .ltpJ unfriendly tactics pursued by Mrs Stables had been going on for a considerable tine trior, to his coming to country. He believed he said to Mm Stables: “Them’s not a better »»rrrhi«K«t cm earth than John Page.” Helud —id he would defend John Page to the death, because he believed in nim «id would continue to believe in farm, or in any man until be was proved guilty. Mrs Stables, said witness, had displayed a great deal of animosity reamgt Page, and had used the words “he is a disgrace to the church." VISITING THE POLICE. Wallace Herbert Stewart deposed to meeting Page and Anderton and going plmg with them to see the chief of police, with whom, said witness, they bad a long conversation. When toe plaintiff was called, and placed by the oroseiexamining counsel la the box, His Honour contended that he could not understand why the plaintiff had not been called. Considerable argument then took place between nMinflJ and the oourt, as to whether in cases of this nature the plaintiff’s evidence was admissible. DEFENDANT IN THE BOX Margaret Stables, the defendant, being sworn, said die had held no official position in the Spiritualistic Onr.-J since April, 1921, and had kit ywn Mr Toomath only slightly. She * conversation which had taken place between herself and Toomath, relative to certain alleged scurrilous reports and misrepresentations made about her in the church’s official publication. Witness, also, detailed her conversation with Mr Anderton on the occasion previously referred to, when, witness said, she told Mr Anderton that die held a letter from Sir Arthur Oa nan Doyle denying that either Page or Anderton had ever been associated with him on a platform. Mr Toomath, said witness, had interjected i “Conan Doyle l Why, he is the biggest liar on earth.” Witness, she said, had replied: “I believe Sir Arthur Conan Doyle. There is a letter in this town; and, if it were published, John Page would be in gam.” GO TQ THE POLICE.

Then, said witness, die had felt she was degrading herself by talking to those two men; so, by way of closing the interview, witness had said: “JLf you want John Page’s character, go to the police.” As to the alleged slander ahe waa accused of, witness denied using any such words. In answer to Mr Myers, Mrs Stables said site had previously been threatened with court proceedings, at a meeting where ahe had presided, where plaintiff had, allegedly, made his way in without any right to do eo, on purpose to make trouble, and from which meeting Page had been ejected by the wish of the meeting. Under cross-examination, asked if sho ad ever practised as a medium, witess replied: “I am a medium.” Tn bat work, she said, ahe had never barged money, although sho had larged for healing. Hia Honour, in summing up, laid peas upon the improbability of the lice not acting upon, the alleged let- ~ supposing they had it, as was ited. His Honour, however, sug-

gested that Mrs Stablee’s evidence waa much more liable to be correct, inasmuch as sho was evidently referring to tho letter in the office of “Truth,” and not the police; while it was quite possible that the witnesses for tho Slain tiff had in good faith mistaken the efondaut’s remarks and thus got a wrong impression of her meaning. Tho jury, after only a short retirement brought in a verdict in favour of the defendant, for whom Hie Honour gave judgment accordingly, with costs according to soalo.