TRADUCING A PUBLIC MAN

Taranaki Daily News, 16 March 1928, Page 11

TRADUCING A PUBLIC MAN

SLAW ER ACTION SUCCEEDS CITY COUNCILLOR ATTACKED. DAMAGES AWARDED ON CLAIMS Bj Telegraph.—Preus A.•Ukleja t:on. Auckland, Last Night. The sequel to the city inquiry which was commenced at the end of last year, was heard in the Magistrate’s Court this morning before Mr. F. K. Hunt, when Michael John Coyle, a member of the Auckland City Council, sued John James Edgar, of Point Chevalier, for damages for alleged slander. There were two separate eases for action and £9O was claimed on each. The cases were heard together. In his statements of claim plaintiff set out that on January 9 Edgar was in a 'bus proceeding to Point Chevalier. In a loud voice he said of plaintiff: “H© is a rogue. He has stolen stone from the City Council, not only for himself, but for others at Point Chevalier." Thomas Eli Cheal, one of those to whom the words were addressed, thereupon stated he was sure plaintiff could prove that he did not steal the stone. Defendant answered: “You cannot put that stuff across me.” On February 4, it is also alleged, defendant, while in Queen Street, said to H. A. Sommervilie, secretary of th© Auckland Hospital Board: “Coyle has been taking stone from the council for years.” Plaintiff stated that defendant meant, and was understood to mean, that plaintiff was dishonest and guilty of dishonourable conduct in using a position of trust and confidence as a city councillor to obtain for himself an improper advantage. Counsel said his defence would be A denial that the words were used. Counsel asked for a non-suit bn the grounds that no damage had been proved, but the magistrate did not allow it. Th© defendant, Edgar, stated that he had known plaintiff for a number of years, and up to recently had been one of bis supporters. Witness had said to Sommervilie that Coyle had been building rockeries for years, and ho had now found where Coyle had been securing some of the stone. He seemed to have been obtaining it from the council. Witness remarked to Sommervilie that he did not think it a correct thing to do. Witness had never made any suggestion that Coyle had stolen the stone. He said to Cheal that *he believed Coyle had been getting stone from the council, and whether lie had paid for it or not, he considered it was not a correct thing for a councillor to do. Plaintiff said he had got stone from the City Council and had paid for it. He had been receiving letters of an insulting nature from Edgar for just about two years, and he had brought this action to vindicate his character.

In awarding plaintiff £lO damages on each claim, the magistrate, Mr. F. K. Hunt, said it appeared to him to be a case of an excitable old man allowing his tongue and also his pen to run away with him. He was satisfied defendant had used the words complained of, but in a reckless manner without any intention of harming Coyle.