£1000 FOR LIBEL

New Zealand Times, Volume XXXVIII, Issue 8750, 4 June 1914, Page 8

£IOOO FOR LIBEL

SUCCESSFUL CLAIM WANGANUI WOMEN PARTIES TO THE CASE. ALLEGED "GOINGS ON." Considerable interest, according to the, Wanganui "Herald," was taken in a libel action heard at the Wanganui Supreme Court this week before His Honour Mr Justice Edwards and a special jury. The plaintiff, Mrs L. D. Paterson, proceeded against Mr and Mrs Js A. Smythe with a claim for JtCKXI damages, the action being based on letters alleged to have been written by Mrs Smythe reflectmi? on Mrs Patereon-s character and her conduct with a Collegiate School boy. A brief Press Association telegram received yesterday stated that the jury returned a verdict for plaintiff for X'IOOO. Costs wero also allowed. The following report is taken from the “Herald.";— 1 Mir G. Hutchison, appeared for the plaintiff and Mr T. M. Wilford (Wellington), with him Mr G. Armstrong (Wanganui), 'appeared for the defendal!' ’ STATEMENT.OF CLAIM. The statement of claim set out that Vera Paterson, wife of L. D. .Paterson, merchant, of -Wanganui, and a partner in the firm of Gibson and Paterson, proceeded against Andrew John Smythe. settler, of Wanganui, and Sybil MarySmythe, his wife, in that Mrs Smythe falsely and maliciously wrote and published and caused to be delivered by post to Rev. ,T. LI. 'Dove. late principal at the Wanganui Collegiate School, the following letter:— Palmerston North, 16th October, 1913. "Rev. Dove. Dear sir,—Permit mo.to bring under your notice a thing which I think a disgrace, the way that a married woman, whoso husband is in Australia, carries on with your boy at the college. Tliis woman, I believe, lives opposite vonr college. She invitee the boy to her house at all hours; she has been seem at night after church going homo by herself with one of your boys whose name ie ; Miles. She uses signals in the dav time whan she is by herself and the bov go there. She gets permits to your church for that purpose. Rev. Dear Sir, this is common, talk in this town the way that this woman is going on. I bring this to your notice so as to save a scandal which is sure to follow; if this woman is not stopped from doing so.—l remain. Tones faithfully. (No pignature).

"P.S.—I have it from good authority. I believe if von keep watch op this house you will see for yourself. I don’t know, who she is-” Also on December 4th the female defendant mallioionsly published to Mrs Dove, arid sent, to her by poet, the following letter: —

"Wanganui, December ,4th. "Mrs -Dove. Dear Madam,—Excuse the liberty X take in drawing your attention to the carryings on. of one of your boys at-the college, the. name ox Milas with a married woman opposite. My husband tells me, that he with two other men. whoso working on the job close- by; on Monday afternoon saw she and Miles misbehaving their seifs in a most disgraceful manner. Since then they have been watching them and they find that he spends a lot of his time there. He writes on blackboard at the window and she reads it with her glasses from her house. He wrote, some thing on it on Tuesday morning he went to town and then she followed; and they were seen in town with her alone. Why I write you’is that one of these men knows her husband and is going to tell him all about it when he returns, tins man says that ho has been watching this woman for eomo time, and has made inquiries about ■ Miles, he thought at first they were related. . but that, is not so. she has only got to know him sinoe her husband has been away this last time. This is not the first young roan that -has got into trouble over this woman, a young man the name of Hatrick bad to leave the town through her, and that is why she is bring watched. No doubt from what my husband tells me she is a most wicked woman, for there is other things she has done also that max lead her into trouble; Several of the boys at the college knows and have told their parents, and it is coining the talk of the town. I thought it only my duty to let yon know offer what - 1 had heard. I .cannot give, you my name as my husband has forbidden me net to.—l remain Yours faithfully.” (No signature).

The claim set oaf that the "married woman" and the subsequent references were mad© against Mrs Paterson., and that they wore allocations of disgraceful and scandalous conduct on the pft.rt of Mrs Paterson. She claimed .£IOOO in respect of each publication, STATEMENT OP DEFENCE. The statement of the defence was a general denial of the allegations of the plaintiff, that the letters were written by Mrs Smythe. In answer to counsel of plaintiff’s demand, Mrs Smythe’s counsel set out several specific instances of alleged misconduct on the part of Mrs Paterson with . Miles. After some evidence had been taken, however, Mr Wilford admitted that the letters were written by Mrs Smythe. JUSTIFICATION PLEA. A plea of justification was submitted by Mr Wilford. He first called Mrs Smythe, who, until recently lived next to Mrs Paterson, opposite the Collegiate School. Mrs Paterson was for some months a very frequent visitor at witness’s house, and they were on very good terms of friendship—so friendly that, witness helped plaintiff to care for her (plaintiff’s) child, looking after it. etc., when she went out. These terms of friendship remained until recently. At witness’s house a telephone was installed, but there was none at the Paterson’s. Mrs Paterson was a frequent user of the ’phone, but she was stopped doing so because she became such a nuisance, ringing up young-men in the town and because witness did not want the Exchange people to think it was her (witness). Sbo stated that she knew an ex-Collegiato pupil. Miles by name, whom she had oijten at Mrs Paterson’s house, sometimes ■ as many as from four or five times a day. Ho used to gq first during the run lie fore breakfast, during tho U o’clock re creation, after lunch, after school, and after tea. Mrs Paterson often spoke of him as "Charles.” Witness had only been in the house once when he waft there, and on that occasion she left immediately. When he came in the mornings, he- would stand at tho fence and a conversation would bo earned on between him and Mrs Paterson. .she often leaning out of her bedroom window in “decolXotte” dress. . She used to make gestures to him while ho was there talking. Witness knew, from hearing it, that there was a whistle signal between Mrs Paterson and Miles, and which seme of tho other boys learnt, ami used it It Mrs Paterson, giving the whistle given by Miles calling Mrs Paterson out, and would hide or laugh. This whistle was a noticeable one and Mrs Paterson used to whistle it. She had seen. Miles visiting tho house ithile the piamtiii ■- husband was away from homo. She ban also seen her going home from Church with the boy Jliles. She knew that to go to the School Chapel, permits had to he obtained. This Mrs Paterson told her. On a Monday, the end of November, about 5 o’clock in the afternoon, witness was looking out of one of ’“’her windows when she saw Miles standing on the Patenrson’s back verandah. Mrs Paterson was taking clothes off the line, and she brought these on to the verandah. They embraced and they kissed, both then running into tho house. She had seen tho "skylarking” about the hpusa on occasions. On another occa-

cion she saw Mrs Paterson leaning out of tar window. Miles being across the road in tho school grounds. The plaintiff had on. "the thinnest garment it was possible for any woman to wear.” . Once, when Mr Smythe was out of town. Mrs Paterson invited witness over to her house to "have a good time with the boys." Mrs Paterson knew Mr Smythe was absent. Early in December last.before the 4th, witness saw Mrs Paterson, with a pair of opera glasses read messages written on boards in the Collegiate School classrooms. Miles was present in the schoolroom and had tho chalk in his hand. NURSING THE BABT.

The witness proceeded to deal with Mrs Paterson's conduct with Hatrick. She said she only knew him by sight. (Witness had seen him frequently at the Patersons’ house. .Mrs Paterson had often discussed Hatrick with witness, and she told her, when she was visiting, that "Archie” Hatrick was in tho bedroom 'putting the baby to sleep, and that he I was there to keep her company. There was no light in the bedroom, Mrs Paterson told witness about her going to jSwhnming sports with Hatrick. She Saul, that someone had written to Hatrick’ fiancee of her going out with him. Mrs Paterson said that the young lady came I Kick on getting the letter and expressed her annoyance she forbidding Hatrick to go near the house. Mrs Paterson told witness that Hatrick was very much in love with her, but that she jhatl persuaded him ‘to get engaged to the other yoqng lady. As he was not fond enough of the girl to marry her he was going to America. -During the same con. versation Mrs Paterson told her that she had gone to the races and that “Archie" II a trick had spent the day with hep in preference to his own young lady. . 'fitness admitted writing both the 'anonymous letters. She had attempted to disguise her handwriting. One was [posted by a friend of hers at Palmerston land the other was posted in Wanganui. [Mr Dove did not reply to the first letter ! so witness wrote, after a lapse of five [weeks, to Mrs Dove, as she considered it :her duty to do so. Between the writing of the two letters, the "goings on" with Miles- had been continuing.'. She had not icommunicated the contents of tho letters with anyone prior to their despatch, with the exception of Mrs Paterson's sister. She had asked her husband if she had better go and eeo Mr Dove, but her husband forbid her to do so. She had written the letters to Mr Dove and his •wife with the sole object of haying conduct she aid not think proper* between schoolboys and a man-id* woman, put a stop to. She had expected that this would have been done. "POLICEMAN’S HOLIDAY." .Under cross-examination the witness said that the frequent uses of her telephone by Mrs Paterson covered a period of months -before the writing of the first letter. Witness told Mrs Paterson not to use it again, as it was contrary to the telephone regulations and also to. cause she did not consider it right for a married woman to ring up young men as Mrs Paterson had done. Some cf the young men’s names were: —Hatrick, Curtis, Reed, Morrison, and others, whose names she was not sure of. She had heard of these young men from Mr,Patarsoo. The conversations over the ’phone were in the nature o|f instructions to come and spend, the w evening. Mfa Paterson used to call the men by their Christian names when talking over the ’phone. The two months Miles was a most frequent visitor of Mrs Paterson’s wero September and October. Six ,or seven times, during these two months and after, Mrs Paterson had appeared at the wipdow only sparsely clothed. At Mr Hutchison’s suggestion witness gave a demonstration of the whistle signal between Mrs Paterson and Mile®. It turned out to be a bar of the tone, "A Policeman’s Holiday.” Mr Hutchison: “At -what window did yon see this exhibition of X-ray garment by Mrs Paterson?” . Witness: ‘Tier bedroom window.”

John Andrew Sinytli;-. the other defendant. told a story which in the main corroborated that _of his wife. He gave evidence as to Miles and Mrs Paterson embracing—a different occasion to that deposed to by his wife. Xn the end td November last witness was on his front verandah, when hearing the “renal whistle" he looked towards the College. Ho saw Miles upstairs at one of the windows, writing with chalk or a blackboard. Mrs Paterson was on her front verandah looking towards Miles as if reading what was written on the board. PLAINTIFF GIVES EVIDENCE.

Mrs Paterson the plaintiff, was then put in the witness box. She told the court that she was married about three years ago, liviag in Liverpool street extension-, opposite the college, from then to date. The first matter dealt With was the visit to her of Hatriek on tho second day of Hie March races last year. Witness, together with Miss Mowlcm and Mrs Stewart, went to the races and when there she met Mr Archibald Hatrick, whom she had known for some years. She was on terms of great friendship with him, and always referred to him and addressed ’ him as "Arch” or "Archie.” Witaess did not at all absorb his attention as had been suggested. He came home to tea. After then Mrs Stewart and Miss Mdurlem left for the pictures, asking Hatriek . to stay and keep witness company as her mother (Mrs Mowlem) was not well. Hatnck agreed to stay. Witness hod put .the baby to bed and she was attending to her mother —an invalid —when the baby woke up"and Hatriek asked if he might go and quieten him. Witness assented, and Hatriek went into witness’s bedroom to comfort the child. Mrs Smythe then arrived, entering by the front door, and she went to the diningroom, past the bedroom door. The door was open; but there was no light in the bedroom, though the drawingroom opposite was well 'lit up ond the door was open. Mrs Smythe asked witness if she was alone, and she replied that Hatriek was there keeping her company. Mrs Smythe left after about ten minutes. After Mrs .Smythe went out the child cried, again, n-nA witness called out to Hatriek not to bother; but to take him into the drawingroom. The child was still up when the others returned from the pictures, Hatriek leaving after supper. The swimming sports incident was next touched on. About the same tune as the races. Miss Mowlem and' witness went to tho swimming sports with a party of nine. When they got there they met Hatriek. Witness denied ate so rhino - the attention of Hatnck on this occasion. Nothing else happened then. , SIS OB SEVEN BOYS. The allegations as respecting the boy Miles were next referred to. Witness first became acquainted with Miles between October 7th and 10th, when the school was holding its military camp. One qf the boys she had previously known, asked if he might bring some friends over. Witness agreed,, and among the six or seven boys who came over wae Miles. The next Sunday witness and Miss Mowlem went to the School Chapel, a thing she had often dons before. After the service they came out and Miles and a boy named Crosse, who bad also been at witness s with the other boys, met them. Miss Mowlem went down town with a lady friend and both boys escorted, witness homo. It was incorrect that Miles took her homo alone. Witness recollected ringing up the young men mentioned by Mis Smythe. All of them "ere acquaintances of witness's. She did not consider that she had ever spoken "lightly” to young men over the tele phono as Mrs Smythe had suggested. Early in October Mrs Smythe. while visiting witness told her that she had been told by a lady that it was on witness's account that Hatriek had teen compelled to leave New Zealand. Witness’s reply to Mrs bmythe was "Live and leam." Hatriek left for America a few days after witness returned from a trip, to Australia. The statement which Mrs Smythe had communicated to witness in reference to Hatnck was absolutely without any foundation of fact. She bad not. since her marriage, carried on a flirtation in any way with Hatriek. He wan only a privileged friend of hers. Witness denied having

a whistle signal with Miles. “The Policeman’s Holiday” whistle was not an arranged one between them. Late in October Mr Dove showed witness an anonymous- letter (that of October IGth). She had a good idea ns to who was the writer ot it. Between the writings cf these two letters ilra Smythe. tiuv.igli she had denied doing so, visited witness in her own home. Mrs Smythe was in the, drawing-room with Miss Alowieio when Miles came in through the ' trout gate and passed down the side of the house towards the back. Mrs iSmythc asked who the boy was. Witness said. Miles, and then asked her to stay and meet him. She replied: “I won’t meet that boy for £S,” and then left. This confirmed witness’s suspicions aa to who had written the letter.