ALLEGED LIBEL

Waikato Times, Volume 90, Issue 14028, 3 April 1919, Page 5

ALLEGED LIBEL

£IOOO DAMAGES CLAIMED.

FROM EX-CONSTABLE

At the Supreme Court, Hamilton, tiie case in winch Daisy Lydia R.ssetto, of Roto, near Taumarunui, claimed from Jonn Maher, an ex-police constable, £louo, tor alleged slander, was continued yesterday alternoon. Messrs ‘ Singer and Anderson appeared for plaintiff, and Mr. Mays lor defendant. The ease was heard before judge and jury. The alleged lihel was contained in a statement allegedly made to A. W. Fleming, farmer, at Taumarunui, in April, 1917, that “ plaintiff’s child is suffering from a certain disease, and plaintiff must have it too." On the Court resuming, the witness Fleming, 'in cross-examination by Mr Mays, stated that he had never heard the case called “the Roto conspiracy by the settlers. Plaintiff’s sister, Caroline, was only a schoolgirl of 15 when her child was born, and in this case the education authorities were justified in interfering and rescuing the child. He did not think the authorities were justified in interfering in -he case of the plaintiff and her two illegitimate children, although the house contained onlv three rooms, and the girls had no'mother. Plaintiff was over 21 at ibe time. The fact that there were three illegitimate children in the house was a bad state of affairs ,but he saw nothing wrong with the people. Re-examined by Mr Singer: As a settler and a neighbour, he thought very highly of Bashford. The children were well cared for and happy with their mother, and the house, thougn small, was comfortable. Only Bashford was staying with him. _ Daisy Lydia Rissetto, plaintiff, stated that she was the step-daughter of Frank Bashford, and had resided with him for live and a-half years. She had brought up the child of her mother and her step-father. In 1913 she -just saw Maher, who asked her if she had enough to eat and to wear, and if her step-father treated her well. She replied in the affirmative. In 1915 Maher made similar enquiries. There had never been any complaint of her treatment of her step-brother (now eight years of age). She had two illegitimate children, but half *hot_ disclosed the name of their father. This man had promised her marriage, but..went to the war and was now dead. Constable .Maher asked her to tell him the name of the. man, but she refused. Her stepfather had always treated her well.: On December 19th the constable went to the farm, and said he had instructions to take the children away. He took them away, but did not. tell her thatthey were to be brought before the Magistrate the next morning; consequently she and her stepfather did not appear at 'the Court. Three days later, as a result of a telegram to the police at Taumarunui, she found out that the children had been committed to a home. As soon as the law offices opened she and her stepfather proceeded to Auckland to endeavour to get her children back. Habeas corpus proceedings were taken, and later a rehearing was granted, as a result of which the Magistrate reversed his previous decision, and the children were returned to her. Neither she nor. her children had ever suffered from the' disease stated. As a result of the allegation, she went to a medical man, and was examined. At the re-hearing the police opnosed her application, Constable Maher stating that the' house was not fit for Them to live in. This was untrue.

By Mr. Mays: When her sister Carolines -child was born, she and her stepfather attended to her, although there was a doctoi - within 12 miles. She had never disclosed the name of the father.' of her children until after the proceedings were taken. She knew that the deceased soldier’s father had made an affidavit that it was impossible for him to be 'the father of the children. The constable had not given any evidence in the Police Court proceedings regarding the disease in connection with witness or her children. She had not stayed.at Fleming’s house, but was living at Pokeno, looking after her stepbrother. When Maher went to the farm he treated her courteously. She did not know why he should make the allegation concerning her. Andrew Oliver, farmer, of Roto, gave evidence that he made an affidavit in the habeas corpus proceedings. Last year, before June, at the Taumarunui sale, he saw Maher, who asked him if the children were properly kept. He replied in the affirmative. Maher further asked him if he had heard anyone say that the children suffered from the disease. He replied, “No.” This completed the plaintiff’s case. TO-DAY’S PROCEEDINGS. Mr Mays briefly opened the case for the defence, and referred to the excellent record Maher bad in. the police force, and stressing the point that no indication had been given that proceedings for slander were contemplated. Such proceedings had to be commenced within two years of the making of the alleged statement, and plaintiff would have been out of Court on the 18th of the present month, as the limit would have expired. William James Vernon, Clerk of the Court at Taumarunui, gave formal evidence, and produced the record book, showing that on the day the alleged slander was uttered Maher was conducting cases in the Magistrate’s Court from 10 a.m. to 6 p.m., and that it would have been impossible for him to have been at the saleyards at the hour mentioned.

John Maher, farmer, Taumarunui, deposed that on 30th September last he resigned from the police force, having been a member for 20 years. He received a first-class discharge, and was awarded the long service medal and good conduct medal. He had considerably over 100 merit marks. He became ■ with the Rissetto case in 1913, when complaints first reached him, and. acting under instructions, he visited the place, and reported to headquarters. In October, 1915, acting under instructions from the Commissioner cf Police, he again went out and interviewed Bashford,' and Daisy and Caroline Rissetto. The plaintiff’s two children were there. He did not consider the place fit to bring up children, as it was, to his mind, dirty, and had a foul odour. The house was a three-roomed shanty, the kitchen being in the centre, with a bedroom at either end. The girl Caroline appeared to ho in a deplorable condition. He made an honest report to the Commissioner. There was no exaggeration in it. rather the reverse. On December 13th. 1915, he swore two informations, under instructions from the Commissioner of Police, concerning plaintiff’s two children and the girl Caroline and her child. Warrants were orepared at Taumarunui, and signed by the Magistrate on 18th December. Ho arranged with Ensign Mehrten, of the Salvation Army, to assist him in the execution of the warrants. He informed plaintiff that he had to arrest the children as being not under proper control, and told her and Bashford as to the contemplated procedure to got them committed to the industrial school. The children wore cared for that ni"ht by the Ensign, and taken before the Magistrate next day. when ihev were to no iV-bic-troll school. On the Ifith March, 1917. lie -was instrneted *" m-omr-l to Auckland in connection with the Habeas corpus

proceedings, lie made an affidavit, out, as it was a noiiuay, the document was not typed, being torwaiaed tu iauniciruiiui lor Him to sweur to ou vpUi iMarcn, winch he hid, and returned it to AucKlanh the same day. lie visited Auckland again on 26th Juno, 191/, in connection with the case, to peruse certain affidavits. Amongst them was one by Dr. de Olivo Lowe. It was then that he first heard a certain disease mentioned. He had not Visited Auckland in connection with that ,or any other case in the interim. The Taumarunui stock sale was held on 17th April. Witness did not attend as he was- occupied in the Court all day, from 9.30 u.m. to 6 p.m. On the Kith April he was on office duty from 8 a.m, to 10 p.m. He did not sec either Oliver or Fleming on either of those days. Ho saw Fleming on 20th April, and asked him whether the partitions in Bashford’s house were made of scrim. Fleming replied: “No.” Witness then enquired Bashford’s Auckland address, hut Fleming said he did not know. Ho was abrupt and surly, and not in a talkative mood. The late Constable Garvey was present when that conversation took place, but Oliver was not. No mention was made of a certain disease on that occasion, and witness then had heard no mention of that disease in connection with the case. He had onlv spoken to Oliver about twice in his life, and on neither occasion had he mentioned the Rissetto case. His movements were fully recorded in the police diary. He had never been accused of being rough and harsh with anybody during the discharge of his official duty. He had made- no movement on his own initiative in connection with the proceedings in the Rissetto case, and he felt extremely sorry for the plaintiff and her sister. Between April, 1917, to 7th January, 1919. he Jhad hoard absolutely nothing of the case, and was surprised when, on the last-mentioned date, he received a writ claiming £IOOO damages. He thought it was a nraetical joke. Mr Singer briefly cross-examined the witness. This closed the evidence.

Ae+innr on His Honor’s suggestion, the Court adjourned to enable counsel to confer as to the issues to be placed before the jury. Upon resuming after lunch, it was announced that counsel to the following issues Jieing placed before the jury : (1.) Did the defendant utter the words complained of to A. W. Fleming ee or about the 17th day of April,, 1917? f 9) If po. n-Hnt damages is the rloint.’ff entitled to recover from the defendant? Counsel was addressing the jury when we went to press.