SLANDER ALLEGED

Taranaki Daily News, 13 February 1935, Page 10

SLANDER ALLEGED

TWO KORU FARMERS IN COURT. FEELING BETWEEN NEIGHBOURS. A dispute between two Koru farmers, Newton Taylor and F. Hodges, had the first part of its sequel in the Magistrate’s Court, New Plymouth, yesterday, when Taylor claimed £lOO damages from Hodges in respect of slanders alleged to have been made verbally by Hodges in February and November last year. The hearing was not completed and the case was adjourned. Taylor asked for £5O damages in respect of each alleged remark, claiming that Hodges had held him' up to public odium and contempt by suggesting in the hearing of witnesses that he was an unauthorised and undesirable person on Hodges’ property by calling him “a midnight prowler”; and that he was a criminal, by stating he had stolen petrol from a neighbour’s car. Mr. C. H. Croker appeared for Taylor and Mr. R. H, Quilliam for Hodges. Outlining Taylor’s , case Mr. Croker said a public apology. had been demanded by Taylor through his solicitors, to which Hodges’ solicitors had replied denying slander. Newton Taylor said he had been hareshooting on the evening of February 7, 1934, with Roger Smith. Smith had wounded a hare near the boundary of Tecofsky’s property and it had gone through the fence. He followed it and had gone only about seven yards inside Hodges’ fence when Hodges came out and called, ‘‘Get off my property, you midnight prowler!” This was heard by Smith. Hodges was about 200 yards away and called out the remark in a loud voice. He later instructed his solicitors to demand withdrawal and an apology by Hodges. Cross-examined by Mr. Quilliam, Taylor said that after Hodges had made the remark complained of twice he decided not to shoot any more that evening. It spoiled two nights’ sport. Smith went to get his morning wood. Taylor had not put his fingers to his noSe contemptuously and had not suggested that-Tecof-sky and his man Piper should give evidence against Hodges for money. Roger Smith, a farm hand, said he was employed by Taylor in February, 1934, and he gave evidence in support of Taylor’s account, of the alleged slander. He had given the gun to Taylor after the remark was made because he had jobs to do and because it was getting towards dusk. He admitted that he did not see Hodges but had heard him, recognising his voice. Hodges called out the remark complained of twice. After that evening he did not think there was any discussion of the matter until the following December. , • Clifford • Tecofsky, ■ a Koru ■ farmer, whose property adjoins those of Hodges and Taylor, said that about November 27 last year he and Stanley Hanscombe were in conversation with Hodges. They were talking about Tecofsky’s “tin can” and he mentioned he had lost three gallons of benzine. Hodges asked who was at the “tin can” and received the reply' . “Practically all the road.” Hodges then asked him if Percy Taylor was there and was told he was. Hodges said, “Was Newt there?” and received the reply “Yes.” Hodges then said, “Then that’s the that stole your benzine!” Some time later he met Hodges on the road and conversed with him about 6s owing for some drilling. Hodges asked if he had told Taylor about the benzine, and when he said he had not he replied, “There were only two of you there. Somebody must have told him.” Cross-examined by. Mr. Quilliam, Tecofsky admitted that he had a difference of opinion with Hodges about the liability for repairing a fence. He denied he had a reputation for making trouble between neighbours. When he told Hodges about the theft of the benzine he certainly did not give the impression that he was accusing Hodges of having taken it. He had seriously thought Hodges meant his accusation when he made the remark about Taylor. Tecofsky said he knew nothing about Taylor offering people money to come to court as witnesses. He denied there had been bad blood between him and Hodges ’to the present, because any dispute between them—and there had been several —had been cleared up at the time it occurred. He did not wish to fall out with a neighbour. He and Hodges had always spoken to one another in a friendly way. At this stage the case was .adjourned indefinitely.