Girl’s “Defamed By Novel” Claim

Taranaki Central Press, Volume IV, Issue 330, 11 January 1937, Page 3

Girl’s “Defamed By Novel” Claim

JUDGE AND “DISGRACEFUL FLEA OF MAN WHO KISSES AN TELLS’

Allegations that the characters of a girl and her father had been defamed in a novel were made in a case before the Appeal Court in London.

Mr Walter Marchant and Miss Hilde Marchant successfully appealed (from an interlocutory order of Mr Justice Greaves-Lord) to have two libel actions tried separately. Sir Patrick Hastings, K.C., said the novel portrayed the characters of a girl and her father in a manner which was obviously defamatory if it referred to Mr and Miss Marchant, or either of them. There was no doubt that the novel did refer to both of them. Her solicitors received a letter from the solicitors on the other side in which they said: ‘ From inquiries we have made it appears the jury is almost bound to come to the conclusion that the plaintiff is identifiable as the principal female character in the book.”

The main defence pleaded was that iMiss Marchant was an immoral woman, .who had cohabited with the author and l hero of the book, and had been guilty tof a series of acts, the gravity of which could not be overestimated. In the same novel the character of 'Anna Craft’s father was portrayed, and grave and defamatory matters were ’alleged against him. t He was described as a butcher named Craft, and his treatment of his daughter was set out in the novel in such a •way as to be a very serious injury to the father. • Mr Marchant carried on business as a butcher under the name of Craft.

Mr Paul Springman, for the author, said all copies of the book were withdrawn from circulation and only a few had been sold. Mr Ford regretted that owing to youth and inexperience he had written in such a form that it might enable Miss Marchant to be recognised. Lord Justice Greer: He pleads justification, a disgraceful plea in any view of a man who, according to his own statement, has enjoyed for years the exclusive favours of this woman, and turns round and in order to make mone) writes a book about them.

He cannot expect any sympathy. It is a case of “he kisses and telis, ' according to his own accounts. Lord Justice Greer, giving judgment allowing the appeal and ordering the actions to be tried separately, said Miss Marchant complained of a very gross libel. Allegations against her she said were not true.