SLANDER CASE

Southland Times, Issue 20772, 13 May 1929, Page 6

SLANDER CASE

FULL DAMAGES SUIT AGAINST CLOTHING MANUFACTURER DEFENCE CLAIMS PRIVILEGE (Per United Press Association.) Wellington, May 11. The case in which lan Meiklejohn Matheson, clothing manufacturer, claimed £5OO damages for alleged slander from Henry Schneideman, merchant, both of Wellington, was continued before Mr Justice MacGregor and Jury in the Supreme Court today. Mr G. G. Watson and Mr Wilson appeared for plaintiff and Mr H. F. O’Leary for defendant. Mr O’Leary, on behalf of defendant, contended that the alleged slander uttered was upon occasions of privilege and that it was necessary for plaintiff to prove malice, but there was no evidence of malice to go to the Jury. Mr Watson submitted that the second and third groups of words were not privileged though the first group was. He submitted there was evidence of malice. His Honour reserved the question of a non-suit. Evidence on behalf of Schneideman was given by Joseph Benjamin, public accountant, who was engaged by Schneideman to investigate accounts between defendant and Matheson and Cawley. He investigated the stock sheets and as the accountant was unable to reconcile certain figures and items he referred them to Schneideman, who called Matheson. As far as witness could recollect Matheson gave a very vague reply. Witness said Matheson refused to hand over the keys of the office when requested by. Schneideman who told Matheso& that if he did not hand them over it might be a matter for the police. To Mr Watson: It was apparent to him that the alterations on the stock sheets represented arithmetical or calculating mistakes. There was no suggestion of dishonesty made by defendant. David Nicholson Smith, cutting manager for defendant, said he had not been dismissed as had been alleged. He had not been away from work for a day. The item on the stock sheet “pairs 1111” should have read “1111 yards from pairs.” After evidence in relation to the check on the stock sheets had been given by William O’Connor, an employee of defendants, Mr O’Leary closed his case and counsel addressed the Jury. Matheson was awarded £5OO damages. The Jury was away a little over two hours. Counsel for defendant mentioned the likelihood of an appeal being made.