An Extraordinary Libel Case.

Hastings Standard, Issue 138, 5 October 1896, Page 4

An Extraordinary Libel Case.

£2OOO DAMAGES AWARDED

The damages of £2OOO awarded against the Launceston Daily Telegraph in the libel action instituted in Hobart by Captain John Strachan is the heaviest verdict ever given against a newspaper in Tasmania. The circumstances of the case are somewhat remarkable, and the evidence was generally of a sensational character. Captain Strachan, the plaintiff, is a master mariner well known from one end of Australia to the othc-r. The damages claimed were £IO,OOO.

The libels complained of were contained in a series of articles published in the defendant's newspaper in July of last year, under the heading of " A Modern Priapus," and bearing the n<<m df' jilitHu' of " The "Yet." '• Priapus," it was explained by plaintiff's counsel, as reported at length in the Hobart Mercury was a heathen diety who was supposed to impersonate all that was immoral and licentious, and the libel throughout, it was contended, implied, among other things, that plaintiff was such a man. "Among other things, the writer said: "The object of bringing before the public characters _ of this stamp is to warn too confiding people of the existence of characters who victimise unsuspecting persons, and cut such capers as to make the angels weep." Plaintiff was also stvled " a new Robinson Crusoe," who discovered Strachan Island, and behaved badly to the natives. The articles further implied that be was

a man not to be believed, that he had traded to the Cape, ran the blockade in the American war, been frozen up in Nova Scotia, been searched in India, worn a pigtail in China, gone awhaling, instructed a Japanese prince in navigation and gunnery, and had a command of a Chinese warship. Amongst more serious charges made, Captain Strachan was accused of having come to Tasmania from Honolulu in 1873 with a great flourish of trumpets, bearing the charter from America to open Good Templar lodges ad lib. "He was made a god of," the article went on to state, " and many hundreds joined the LO.G.T., straight off." Matters proceeded thus, when suddenly reports were heard that the amiable skipper had not acted according to the code laid down in the lav.' of Moses. Twelve good men and true sat as jury, Captain Fisher as judge, in the Victoria 1.0. R. lodge room. Witnesses were examined in dozens, and the evidence all went to prove, after three or four nights on trial that Johnny bad violated his pledge and acted wrongly to quite a number of Templar sisters." Charges of misconduct in connection with the Island trade were also formulated. Captain Strachan who was stated, in the evidence for the plaintiff, to be the owner of the Envy, had traded and done invaluable pioneer work in the islands of the Eastern Archipelagoes, lie had discovered Strachan Island, written a book on adventures and explorations in New Guinea. He was well known especially by public men, in all the colonies, and by this tremendous libel his character was seriously affected. To vindicate himself he had suspended busines and come to Ilobart. Not a single family in Hobart, nor in any part of the world had ever complained of his conduct. The minute book of Haste to the Rescue Lodge was produced, containing the minute ordering the inquiry into the charges of misconduct with 1.0. G.T. " sisters." The committee of inquiry reported that, " having gone fully into the charge, we have come to the decision that the charge against Bro. Strachan has not boon sustained, and we adjudge liim not guilty." Subsequently thi? lodge presented him with an album suitably inscribed, and containing photographs of the members. Ilornsby, the author of the libellous articles," Captain Strachan deposed, had boon helped by him in Hobart when starving, and taken on a voyage to Mini Island. After the third day from their arrival on the island he was found to be useless, and plaintili gave him an order for £lO, and sent him to Ilobart.

The defence was mainly in the direction of pleading for a mitigation of damages. It was argued that there was no malice in the conduct of the Telegraph proprietors, as they did not know Captain Strachan, and that the article had appeared five days after the paper had changed hands, and when matters wore in a state of chaos. Mr Justice Dodds, in summing up, speaking of Hornsby (the writer of the articles), said he did not think there could be any stronger evidence of actual malice or a more despicable thing imaginable than was the conduct of that man, who knew the untruthfulness of what he was writing, and who published it under the circumstances which had been proved, and under the belief that the man was dead. The man who libelled a living man was a prince to such a fellow who libelled a man because he believed he was dead, and could no longer answer for himself. The jury, after an hour's consultation, returned a verdict for plaintiff for ±"2000 damages.