SUPREME COURT.

Evening Star, Issue 3559, 20 July 1874, Page 2

SUPREME COURT.

CIVIL SITTINGS,

Monday, July 20. (Before his Honor Mr Justice Chapman, and a Common Jury.

DEFAMATORY LIBEL. . _P AWS( ) N v - Mack ay,— ln this case plaintiff, a spinster, living with her father and mother in t orth street, sued to recover from defendant, the printer and publisher of the ‘ Bruce Herald,’ the sum of LI,OOO for his having, on the 11th November, 1:73, falsely and maliciously printed and published in the above paper of that date, the following words .-—“ Birth.—On the Ist inst., at Forth street, Dunedin, Mary, eldest daughter of B. Dawson, of a daughter ; both doing well.” It was alleged ia plaintiff s plea that defendant meant thereby that the plaintiff was unchaste and had given birth to an illegitimate child, to the great inj iry of the plain • tiff Mr Taylor and Mr Cook for plaintiff Mr Stout for defendant.—The libel was admitted, and defendant pleaded that the words were inserted without actual malice and without gross negligence; also that a full apology for the libel had been inserted by the defendant before the commencement of this action. Evidence was taken on both sides, the following witnesses being called ; —For the plaintiff: J. a. Fleming, editor oi the * Clutha Leader,’ and formerly on the staff of the ‘ Bruce Herald ; d. F. Hardy ; J. P. Maitland, R.M. ; Rev. R. L. Stantan lord ; Benjamin Dawson, plaintiff’s father; and plaintiff. For the defence ; defendant and B. M. Solomon, his publisher. The jury, after half-an-hour’s deliberation, returned a verdict for plaintiff, estimating the damages at LSO.