APPEAL IS HEARD IN SLANDER CASE.

Star (Christchurch), Issue 18577, 27 September 1928, Page 1

APPEAL IS HEARD IN SLANDER CASE.

OBJECTION RAISED TO NEW TRIAL. Per Press Association. WELLINGTON, September 27. The Appeal Court, Mr Justice Reed, Mr Jurtice Adams, Mr Justice MacGregor, and Mr Justice Blair, is hearing the case of J. G. Maher, of Mungaroa, farmer, v. L. Johnson, of Upper Hutt, an appeal from the order of Mr Justice Ostler, granting a new trial. The action, which was for slander, was tried in the Supreme Court on May 17 and 18. There were three causes of action, each slander involving the allegation that appellant had stolen two heifers and a bull. On two of the causes the verdict was found for appellant for £l5O on each, £3OO in all. After judgment respondent brought a motion for a new trial, mainly on the ground that Leslie Benge, a witness for the appellant, had been guilty of perjury upon material matter. It was alleged that on the afternoon of the second day of trial this witness admitted to respondent and his solicitor that be and ‘ his brother had rembved two heifers and a bull by themselves, and that the evidfence brought by respondent to this effect was true. Subsequently on the same day Benge said to a witness for respondent: “You know Maher went for me something dreadful and made me say what I did.” Evidence as to these facts was brought by affidavits on behalf of respondent, and was accepted as true by Mr Justice Ostler, who, in ordering a new trial, said: “Plaintiff relied on the evidence of Leslie Benge and Douglas Benge as a defence to the allegation that he had stolen there cattle. It was most material to his case. Without that evidence his defence of a mistake would have been cut from under his feet. This would, in my opinion, have affected the result of the trial, for. it is impossible to say that the jury did not rely on -this evidence in finding for plaintiff.” Appellant now appeals against this order, praying, that the original order of the Supreme Court should stand. For appellant Mr Treadwell appears and for respondent, Mr Cousins.