CLAIM FOR £1000 DAMAGES.

Patea Mail, Volume XXXIV, 5 June 1911, Page 1

CLAIM FOR £IOOO DAMAGES.

For Alleged Libe!

Melbourne, May 15

The action brought by Mrs. Johanna Foster, of Chapel' Street, St. Kihla, against the proprietors of the Age newspaper, was concluded in the county court to-day.

Plaintiff claimed £IOOO damages. The article alleged to be libellous appeared in the Age newspaper of Friday, January 20, 11)11, and plaintiff held that it was maliciously written of her concerning her business of boardingbouse-koepor and nurse. Counsel put in a copy of the Age of the date in question, containing the article complained of, which was headed: “Woman Tortured by Neglect.” “Aged ‘Pensioner’s Misery.” ■■Chocking Discovery at St. Kikla,” and in which it was stated that an old woman, Ellon Tracey, was being immured in a locked and damp wash house in the back-yard of the promises of plaintiff, who drew the old lady’s pension in return for looking after her.

The defence was justification. In answer to interrogatories, plaintiff had admitted that the wash-house was the old lady’s bed-room and sitting-room for three months, and that she had been drawing Mrs. Tracey s old-age pension for many years in return for looking after her.

His Honor (Judge Box), in the course of bis summing-up, which was adverse to the plaintiff, said they were living in 1911 and in what was supposed to be a civilised country, yet hero was a poor miserable old woman, of whom plaintiff bad taken charge for 20s a fortnight, left lying in a pitiable condition in a wash-house. How would any of them personally feel if they could come back some day from those realms to which one was‘said to go and find a relative helpless in a wash-house, decrepit and paralysed, and lying on some dirty old rags on rough uneven boards, and in her own excretions? Could anything be more wretched than this woman’s plight? The jury must ask themselves, “Had not the newspaper taken it upon itself to expose what, from its point of view, was a shocking state of things?” The jury, without leaving the box, unanimously returned a verdict for the defendants.

The foreman remarked that the case should be brought under .the notice of the authorities, with a view of further proceedings being taken. Judgment was entered for defendants with costs.