ALLEGED LIBEL

Dominion, Volume 12, Issue 298, 12 September 1919, Page 3

ALLEGED LIBEL

BREWER AND NURSE

CASE IN MAGISTRATE'S COURT

In tho Magistrate's Court yesterday morning, before Mr. W. G. Kidded, S.M., Ernest .Henry . Meadows and his wife, Mane Meadows, proceeded against Frances Willis, a nurse, for falsely and maliciously writing and publishing a letter addressed and 6ent by defendant to the manager of Jlacarthy's Brewery, and plaintiffs claimed JMO damages. Mr. 11. F, O'Leary appeared for plaintiffs and Mr. A. Gray, K.C., for the defendant. In opening, Mr. O'leary said that this was an action for iibel and claim for damages, and was brought in this Court under the Act of 1913. Tho plaintiff Meadows was employed at Macarthy's Brewery, and the defendant was a nurse. The libel was contained in a letter dated April, 1918. The position was this: Dp to November, 1917, Miss Willis lived with tho plaintiffs, and she left not on good terms. Thoy had quarrelled and Miss Willis left. In April, 1918, Mr. Lepper, the manager of Macarthy's Brewery, received an anonymous letter which contained a gross libel. In that letter there were serious allegations. When Mr. Lepper got that letter ho felt in duty bound- to show it to Meadows. The letter was as follows:— "April, 1918, Wellington. "Manager Macarthy's Brewery. "I. wish to draw your attention to reports which'lire being freely circulated re a man named Meadows, his wife, and others. I undonstand this man is keeping a sly grog-selling saloon on the quiet. A dark bottle man makes frequent visits to the house re the sale of battles, also numerous other men aro supplied with 'bottles of drink from the brewery unknown to the authorities, and boast of cheating the Macarthy Trust of hundreds of pounds through this means. Hoping you will look into this matter beforo it falls into the hands of tho police.— Yours, "A FRIEND." Continuing, Mr. O'Lcary said that a considerable, time had elapsed before bringing the matter into court, but that was easily explained by the fact that the plaintiffs could not obtain samples of tho defendant's handwriting for some time, but finally obtained sufficient for _ the purposes of comparison by a handwriting export, and the matter was placed in the hands of Mr. Dinnie, who would tell the Court that he had no doubt that tho handwriting in the anonymous letter was that, of the defendant. Apart from tho handwriting, there was motive, and he would show by evidence that the defendant was. embittered towards Mr 6. Meadows.

William R. Leppcr, manager of Macarthy's Brewery, said ho knew the plaintiff, who- was an employee at the brewery. 'In 1918 witness received on anonymous letter which reflected on Meadows. Ho handed, the letter to Mcaddws to read, and later the letter was handed to Mr. Dinnie. Up to that time Meadows had borne a first-class character. To Mr. Gray: Air. Meadows was still employed at* the brewery, but he wanted the man to clear his character. Marie Meadows, wife of E. 11. Meadows, said that her husband and herself were the plaintiffs in the case. • Her hushand had been for about nine years at the brewery. She knew the defendant for some time before she came to reside with witness, with whom she stayed for about 11 months, and left in October or November, 1917. There was a quarrel between them respecting the child.. When thp defendant .was icaving sho said, "Mr*. Meadows, remember if I hear anything." After the defendant left a report ; had been made to the authorities "with' re" spect to the boy whom she had in her keeping since he was seven months old. It was stated that her husband came homo drunk every day .and .that they were unfitted to' look after the child. There was no truth in the allegations in the letter. Witness had seen a good deal of the defendant's handwriting, and was of opinion that the anonymous letter was written by tho defendant'. After 6eeing tho anonymous letter witness sol about securing samples of the defendant's handwriting.

To Mr. Gray: Witness know the defendant some time before she came to live with her. The defendant had complained about the child, but there was no serious disagreement between them until about a fortnight 'before the defendant left. Witness was annoyed at the wav the defendant treated the child. Tho defendant complained about the child being given a sip of beer, and saio? it was criminal to do so. She was'of opinion tliat the \anonymous letter was written by the defendant.

Re-examined, the witness said that a day or two before, the defendant loft the houso witness spoke to her about her behaviour with a certain man.

Ernest Henry Meadows said he lived in Ellice Street, and vas employed at Macarthy's Brewery. They had iio children, only this boy, who was about ? years of age. Ha knew tho defendant, who had lived in his house for about 11 months. Witness did not approve of the way tho defendant scolded the little boy, and on olio occasion he protested loudly enough for the defendant, who was iii her room, to hear what he hatL-to say." He knew nothing nboufthe anonymous letter until it was shown to him by Mr. Lepper, He was still employed at tho brewery, and had brought this action to clear his character. The boy was not continually, given beer." The child often picked up the glass witness had drained anl tried to sip what was left. To Mr. Gray: Tho witness never visited his house after 'she once left. He could not think of anyone writing the anonymous letter but the defendant.

Walter Dinnie, private detective and handwriting expert,' gave detailed evidence as to the similarity of the writing in the samples of defendant's handwriting and tho anonymous letter, and expressed the decided opinion that ail were written by one arid the earao person. Wilfrid G. Tafoot, public accountant, said he made a study of handwriting, Ho had made an examination of, tlie anonymous handwriting and the "proved" handwriting, and in his opinion. both were written by. the same perron. Ho agreed entirely with Mr. .Dinnio as to the similarity.of the handwriting. •At this stage the further hearing.of the caso was adjournod until. September 18.