FAILURE OF CLAIMS

Poverty Bay Herald, Volume LXV, Issue 19584, 16 March 1938, Page 11

FAILURE OF CLAIMS

ASSAULT AND SLANDER SQUABBLE OVER BET MAGISTRATE’S COM ME NT (Per Pross Association.) AUCKLAND, last night. Reserved judgment in the case in which John Robert Rigg, a woolworker, claimed £IOO for alleged slander, on February 2, from Alexander Johnston, described as a bookmaker, was given in the Magistrate's Court to-day by Mr. F. K. Hunt, S.M. When the case was heard on March 2, the plaintiff claimed that the defendant had assaulted him by striking him over the right eye, after a dispute arising from a bookmaking transaction, and slandered him by calling him a thief.

Dealing with the assault charge, the magistrate said that apparently the plaintiff had made a bet with the defendant and won. The defendant paid promptly, but next day, when the plaintiff lost a bet, he was not prompt in paying. It had been suggested that the defendant had used American “strong arm” methods when he called on the plaintiff, asking for payment. It was also suggested that he had a revolver in his hip pocket, but that was absurd, as the man's right hand was crippled. Regarding the blow said to have been struck, both parties told different stories, and there were no witnesses, but the defendant said he did not strike out until the plaintiff picked up an axe. Judgment would be for the defendant on the assault charge, with costs.

Dealing with the slander charge, the Magistrate said it was strange that the plaintiff', after being assaulted, did not go at once to the police. He had apparently thought the matter over for some time. The plaintiff had complained of being called a thief but the defendant could not be convicted unless the magistrate was satisfied that the words had been used Not being convinced on that point, he would give judgment for the defendant, with costs.