ALLEGED LIBEL

Dominion, Volume 13, Issue 11, 8 October 1919, Page 2

ALLEGED LIBEL

'..'. PLAINTIFFS NONSUITED. : Rcsen'cd decision 'in the action alleging libel brought by Ernest Henry Meadows and' his wife Marie Meadows against Nurse Frances'Willis was delivered by Mr. W. G. Hiddell, S.M., in the Magis;. trate's Court yesterday, when plaintiffs, ivere nonsuited.

The plaintiffs, alleged that the defendant ' falsely and. maliciously; wrote and published a letter addresed' to the manajer of Itacarthy's Brewery,' in' which the male' plaintiff was accused of obtaining liquor from the brewery without the knowledge, of his employers... The plaintiffs sued for ,£49 damages; The de-, fendant formerly boarded with the-plain-' tiffs, but.left on account of some dis-agi-ement -with Mrs. Meadows.

His Worship, referred to the-fact, that tha defendant was in an official position : under the' Education Department, and she was satisfied that the plaintiff, Mrs. Meadows, was .in the habit of giving beer to a child at meal times... The defend-/' ant complained to trie Education partment of this, and the Court considered that she acted within-her rights in<\'oing v so.. In order that the case might .ibe. established motive would have, io be ,-provid beyond all reasonable doubt; and 'that it-waa libellous. It was-a crirtf- '„ inal case, and the woof had to .be clear. 1 Handwriting experts had gone carefully into the question of the handwriting, . hut there, was a conflict of evidence as - to similarity, which sbowed that experta could arrive at different conclusions. . The.Court was satisfied that if the mat-' tor was placed before a- jury the.evidence would.not,lie sufficient to warrant afinding that the prosecution had prov-. Gtli.its co'sc,. Plaintiffs would be nonsuited 7s; costs. ;

At-the hearing Mr. H. F. O'Leary appeared for the- plaintiffs, and Mr. A. Gray, K.C.for the defendant.