A MAORI SLANDER CASE.

Wanganui Chronicle, Issue 20037, 21 March 1914, Page 6

A MAORI SLANDER CASE.

CLAIM FOR rAMAGftS

JUDGMENT FOR PLA'YTIFF FOR

£20 AND CO.-' -c

r-i}<\ i 1 <?••!"'.'

The Maori slander case, c the Magistrate's Court on \ was concluded yesterday '1 was for £>0 damages by },lat: ) from Rewatu for havir.. r ; uttruti words "Matihi is a thief. He stou money from my purse." The case is the first of its kind here, as the amendment of the "Magistrate s Court Act," giving power to hear actions for defamation did not come into force until this year.

Mr Allan Hogg appeared for the plaintiff and Mr L. Craig for the defendant. The plaintiff's case was conducted on Wednesday, when the case was adjourned. Mr Craig, in opening for the defence, moved for a non-suit on the grounds that the words alleged had not been proved and that if proved they were not used oh the date specified-in the statement of claim. His Worship ruled against him on both points. Mr Craig then stated that the defence would be—(a) that the words complained of were not uttered, and (b) jf they were uttered they did not bear the same meaning as if used by a European, to a European and were not defamatory. He called the defendant who stated that he had not used the words complained of, but had used words which did not level any accusation of crime at the plaintiff. Plaintiff was his niece and he merely told the Wanganui natives that they were not charged with stealing the money, but that he and his niece would take the blame. . He had had money stolen from him, but he had no reason to suspect the plaintiff. Cross-examined by Mr Hogg he said that he, had been drinking ever since he came to town. He was not drunk, that is. "not so drunk that he had to lie down on the road." He denied repeating the slander in local hotel* bars. # _He was asleep when the money was stolen, but did not believe plaintiff stole it. He told the people he* and plaintiff were to blame for it because he did not wish them to be a'n^rv with him. Defendant's wife also »aye evidence as to the circumstances under which the monejrwas stolen. Hauparoa Hiioti, licensed Native Interpreter: gave evidence as to Native customs and par Nat ve/t^' 11?/^^ the Natives to take upon themselves and their relations bame for any wrong committed whilst visiting other tribe! UnlTth r+T' eXaiTa^ n' he admitted that and i£L m% Ch £ Eui;°* can civilisation and ideas, the old customs seldom pre- £?&££! especially amon *the yo pnSOom4V COW Sel- had "^dressed the v,omt. His Worship expressed a wish to hear an independent witness to clear ™ » point as to what actually oSruSSI"? the room m which the -money was allied to have been stolen. Mr Hogg called P-,-; Tv:,.:b~,, n „.■»,„ „%„..„j1,..-, ~ His Worship, in giving judgment, said the circumstances were peculiar. There was no doubt defendant had lost hfe purse but it was questionable whether or not it was lost before plaintiff %££> on the scene. There was, however no reason why plaintiff should be blamed rather thlan others even if the purse was taken whilst she was in the room. The testimony of defendant's witnesses was not reliable and he had no doubt the slander had been uttered. The plaintiff had suffered severely and must havo judgment. The proceedings were not brought for money-making purposes and he would award nominal damages. Judgment was entered up for £10 damages, solicitor's fee £3 3s, interpreter £2'"2s. Court costs- £3 9^, and witnesses' <>xpenses 3 £2 2s.

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