MEDICAL MAN SUED FOR DAMAGES.

Dominion, Volume 7, Issue 1978, 7 February 1914, Page 6

MEDICAL MAN SUED FOR DAMAGES.

DEFAMATION ALLEGED. IETTER ON A CHILD'S DEATH (By leleeraiin.—Press Assooiatlon.) Auckland, February 8. A claim for £'501 damages for alleged defamation occupied the attention of His Honour Mr. Justice Cooper and a jury of twelve at tho Supremo Court to-day, Tho plaiu'tilf was Rachaol Jane Wilson, wife of a Paparoa farmer. Mr. J, 11. Itoid, K. 0., witn him Mr. Kirker, appeared tor plaintiff, i It was alleged that Up, Edmund Spraguo DuUcs, of Paparoa., had published, a letter in a Northern. Wairoa, paper, in tho course of which occurred tho following words: — "Again a mother takes away tho last c-baitce of her child's life by refusing to nurso it quiet for fear . of infection," These words, it was claimed by plaintiff, referred to herself, and were fakeand malicious. Defendant, who admitted that the words referred to plaintiff, sab up the defence of justification and privilege. Ha was not represented by counsel. Allegation About NursingMr. Reid, in opening the case, said thai the passage complained, of was contained m a letter written in reply ! to attacks made by certain people in connection with the. management of the local Medical Association. This dispute, however, had nothing; to do with plain-' tiff. The facts of the case were that one of Mrs! Wilson's children w.-as suffering from a sore throat. On July 11, 1910, this was looked upon as practically nothing, but, on the following day, the illness developed to such an extent that it was deemed advisable to send for a. doctor. Dr. Dukes arrived anout 9 a.m., and:, at bis request, the services of the county nurse were secured. Plaintiff was not told by tho doctor that her child was suffering from diphtheria, but eho learnt that fact later on from one of the members- of the household. She nursed her child throughout the day. Tiio-, doctor -returned about 9 p,m !3 and, a few minutes later, tho child died. Hgsßand Strikes the Doctor. Some KfcHo time afterwards thoiather-in-jaw of plaintiff apparently formed tho opinion that the child's death was duo to neglect on tho part of the doctor, but,: in the meantime,, tho doctor was perfectly friendly with the father of tho child, _ One, day ho. and. the doctor me.lj, and discussed certain statements which had beea made ' 'by the father-in-law-, ■ and then tho doctor made statements that the toother had .neglected the child. The father .. thereupon' promptly struck him. Reference was made to tho matter in the form of ■ a letter.written by the- doctor on December 12, 1910, aid then the. matter was dropped for over three years-. On September 10, 1913, in the course of a letter concerning the local Medioal Association, the doctor dragged . in ; the words which formed the basis of tile claim. This residents of tho district understood to refer to Mrs. WilsOT, but' ■the doctor wont .further, and sent the letter round the district in tho form of a circular. ' ' Plaintiff in the action denied that she had refused to nurse the baby when told to do- so by tho daetor on the evening on which it died. . Several witnesses gave evidence to the effect that they had-read tho letter in the paper and had no doubt that the extract referred to Mrs. Wilson, '':' ' '■;. ~The.'Dßqtaf's.\GViiience.;' Defendant, in evidence, said bo had received a easiial note from tho fatter of the- child asking bim to attend to ft. He examined the 'caso and tatnd it hope-less. Ho told, tho father his -opinion, and, further, he left instructions that the child must be nursed. Just about dusk he started out again to see the ibild, arriving, be believed, about 6 p.m. Ho fotuidlihe child lying hi bed ■—a position thsfc Would have boon satisfactory had the child been comfortable, but it was holding out its hands to its mother, and was trying to sit up. Thereupon ho told the mother to take the child up, but, as -site took no action when .he repeated the direction., again ho told her just what ho thought of her. Then ho did what lie could to amuse tho child and keep it quiet. Ho presently left the room to talis to tire father, aaid, fivo minutes kter, tile child died.

four, witnesses were called by defendant. They stilted that, i-fttil the appearance, of the letter in ' the. newspaper,' defendant had said nothing disparaging concerning Mrs, Wilson. Evidence of Ladyhelp and WursSi Clara Victoria; Andrews, who was ladvhelp in Mr. Wilson's household, was called by Mr. Reid for the- purpose of giving rebutting evidence. This witness stated that, tho mother had carried out tho doctor's instructions, and had nursed the child practically a' l day. Late in tho afternoon it had winied to lio down, and the. mother, acting upon tho doctor's instructions that the -child must ho humoured, had allowed it fa do so.

Dora .Wlia-rfo, an -ex-county ini.rse, who attended Mrs. 'Wilson's -child, cotisidered that everything had been denjo for tho child that could have been done. Referring to the incident that occurred soon after the doctor's a'-riyal, tho nurso said that the: mother, without delay, had lifted tho olrikl;up as the doctor had ordered. Sever' S.t _ any tiiuo had ■ she attempted to avoid infection.

This closed tho evidence, and tho ease wag adjourned until this morning.