£400 DAMAGES.

Dominion, Volume 7, Issue 1918, 28 November 1913, Page 7

£400 DAMAGES.

FOR LIBEL IN A DEATH NOTICE ADVERTISEMENT. AN UNUSUAL CASE. By Teleßranh-Preas AMaeiation-Copyriebt Melbourne, Noi-ember 27. In the County Court the libel action I'loTciicc. .Mabel Webbe, of YVavcrloy, hydnoy, who claimed £1000 from tho newspaper ".Age" as damages, lias conclmleii. Plaintiff's counsel objected to the evidence, of tho handwriting export as inadmissible. One of the defences, he said, was that the advertisement had heen published at the request of Mr.s. \\ o.)be or her husband. As far as .Mrs. Wcjho was concerned' that was ail riuht, but regarding the husband, some authority must be shown from the wife to insert tho advertisement, before the cXpcrt, s evidence, was admissible. After considerable argument tho Judge rejected this evidence, civ I 0 ''" ! 's G in summing up said:— .Nobody reading the advertisement and having no knowledge of the circumfitnnccs could possibly have seen a libel therein. How.-vcr, 1 direct you that it can bo libellous; it is for vou to say whether it is a libel on plaintiff. The damage- seems to mo to bo limited to people who were aware of the circumstances. This is not an ordinary libel in which one man blackguards another; you havfs to be behind the scenes in tins to measure reasonable compensation for damage to a person's reputation. It .involves a sort of guesswork. Further, tnw kind of libel had no effect on intimate friends, as has bean shown by tjio evidence. Defendant contended that the- advertisement had been published fi the request of plaintiff or her busblind. That, was something like a plea or justification, but it had failed." Tho Judge added that ho failed to sec what defence there was. The jury awarded .£4OO damages, with costs. Slay of proceedings was granted, and it is understood an appeal will be lodged.

Mrs. Ty.r-l.iK, formw'iv Miss Hoteon, married .Nicholas Percy Webbe. a pro-tes-sional shorthand writer, formerly a member of the Federal Hansard staff, nnu a well-known oarsman, on January 8, 19.12. About June, 1912. AVebbc and "his wile took np their residence at W-averloy, •Sydney. They had no children, but on • ,i ch ,7 4< -"P' a llMth llotico appeared V 1 *i "*'*"" P'l'-'porting to announce the ti-ii of mi elw'-nmnihs-old son nf \\ebbo and his wife at their residence at \Uverloy. ■ PlaiiiiifTs counsel said that the advertisement convoyed the impression tlmt a child had boon born about April 11112. This might convey tho impression that misconduct had taken place between Mr. and Mrs. Webb© before nmnago. Tho defence was that this advertisement was not .defamatory, cither to ihosu knowing nothing o{ the parties or those intimately acquainted with them. Ihe 'Age" had received tho com- of iho advertisement, purporting to be Signed hv iMchclas P. Webb*, and, taking it an genuine, inserted' it.