FICTITIOUS DEATH NOTICE.

Press, Volume XLIX, Issue 14835, 28 November 1913, Page 7

FICTITIOUS DEATH NOTICE.

pr/BIJCATIO>*_COSTS JWO °

CLOSE °* A l^ Ah

(By C»ble.- Preee As9oci «Mon-Copyriglit.) MELBOURNE, November 27.

In the libel action against the "Age," in which Mrs Webb© sought £1000 damages for the publication of a fictitious death notice of a child, which notice was endorsed as having been cent by Mr Webbe, counsel for plaintiff objected to the admission of tho evidence of a handwriting expert, who expressed tho belief that the advertisement was in Wcbbe's handwriting.

After considerable argumeut the judge rejected the evidence objected to.

His Honour, in summing up, said:— "Nobody reading the advertisement and having no knowledge of the circumstances could possibly have seen a libel thorein. However, I direct you that it can be libellous. It is for you to say whether it is a libel on plaintiff. The damage seems to mc to be limited to people who are aware of the circumstances. This is not an ordinary libel in which one man blackguards another. You have to be behind the scenes in this to measure reasonable compensation, for damage to a person's reputation involved is a sort of guesswork. Further, this kind of libel has no effect on intimate friends, as was ehown b.v the evidence. Defendant claimed that the advertisement was published at the request of plaintiff or her husband. That was something like a plea of justification, but it failed." His Honour added that he failed to see what defence there -was.

The jury awarded £400 damages and costs.

A stay of proceedings was granted. It is understood that an appeal will be lodged.