SUIT FOR SLANDER

Waikato Times, Volume 119, Issue 19911, 13 June 1936, Page 14 (Supplement)

SUIT FOR SLANDER

Two Councillors in Court. “Thief” Remarks at Ratepayers’ Meeting.

Complaining that he had been called a thief at a public mot-ting. a Brighter ennui-HIM nusuvrmsl‘ully brought an m'iion in ihr‘ liint's Br‘nlth Devisior (IFllilHL a icllmvuouncillor {or alleguo siam‘lm‘. The plaintiff. Mr .\iir‘har-l Marten, oi Brizhion, aliezvd that the statement ihai ho was .1 iiilf‘f was made by .\i! l.F‘\\’lsv{:ohl‘l|. ni’ lime. at a ratepayPN‘ man-ii“: nil Hil‘ me «If the 1935': muniriprui vim-Hons. .\s a rcsnli he lost. his soul. Mr J. Uririy, I‘OunSPI for Mr Marion, shim] that he had sinro recovered his pnsiiiun an ”iv rnnm‘il. although his apical All lhn poll in 1933 was ti snrimis blow, Tho (ioi‘cncv. added Mr Oddy, was a denial that ihp words complained oi were spoken. and, alternatively. a plea of justification. Mr Joseph Charles Sherreti. chartered accountant. Hove. a former member of the Brighton Council. declarec that at the election muting Mr Cohen made vague accusations. Pundomonlum. Ha (Mr Sherreit) asked him: “ Dc you call Councillor Marten I thief?‘ Mr Cohen replied, “I say ‘Counoillot .\larien is a thief." The enact was pandemonlum. and the meeting broke up. Next. day polling took place and Councillor .\laten was defeated. Gross-examined by Mr 'l‘ristmm Beresiord, 'I{.C., Mr Sherret lagreed that .\i:- .\larten had been. and still was, running collection-boxes (01 various funds in Brighton. .\ir Beresford: Did .\lr Marten lake round old cigar-boxes made intc money-boxes io public-houses and hoielST—ch, I think the boxes are siili there. Have you heard it. alleged that M: Marten was in the habit. of opening the boxes. taking the money out. and giving false receipis'.’—l have heard

that alleged since this case started. .\{r Marten rliri not give evidence, and Mr livrest‘nril. opening the Ilni‘onco, slutcti tinit _\ll' (Johan admitted usiné-i words which implied that Mr Marten “as :1 thief. and he stood by what he said. I “I say that this man,” declared .\lr Beresl‘ord, "was properly called 8 “Met at the meeting, and he has arted like :1 Hood many thieves and nnt had [the cmirnge to go into the witnesshux and Vimlicato his character." | Hotel Collecting-box. .\lr \Villiam F. Lees. of \Vestern lioud, Brighton, who in 1925, was a memlwr of the Organising Committee or the Old Age Pensioners‘ Trust Fund. stated that a day or two after he had put '25 6a in a collecting—box at an hotel the box was opened and Mr Marten gave a recepit for is Id. He complained about the matter, and Mr Marten told the committee he had made a mistake. Mr Frederick T. Johnson, a Southern Railway employee. gave evidence that {our years ago is 10d surplus of a Christmas share-out was to be put into :3, Mustard Club collecting-box. The money was handed to the licensee. Later Mr .\larten opened the box and gave a receipt for lid. The licensee expressed surprise and Mr Marten subsequently gave a receipt for is 10d, Rebuttal evidence on behalf of Mr Marten was given by Mrs Caroline Stanwix, licensee of an hotel in Dyke Road, who stated that the Brighton old folks collecting—box on the pre—lses had always been opened by Mr Marten in the presence of her, or of her late huband. Both were satisfied with the receipts which Mr Marten gave. Without leaving the 'box, the special jury returned a verdiot for Mr Cohen. Judgment was entered accordingly. with costs.