SUPREME COURT.

Wanganui Chronicle, Issue 20095, 2 June 1914, Page 7

SUPREME COURT.

HEAVY CLAIM FOR DAMAGES. LIBELLOUS STATEMENTS ALLEGED. (Before Mr. Justice Edwards.) Thera was a Large attendance at the Supreme Court yesterday morning when tho important civil action, in which Vera Paterson, of Wanganui, wife of Leonard David Paterson, claimed from John Andrew Smyth, of Wanganui, settler, and Sybil Mary Smyth, his wite, £2,000 for alleged libel. Mr Geo. Hutchison appeared for the plaintiff and Mr. T. M. Wilford, with him Mr. N. G. Armstrong, appeared for the defendants.

The following special jury was empannelled: George Murch (foreman). James O. Galbaly, Andrew G. Muir, Mathew W. Ashton, John McFarlane, Fred. J. Johns, Paul C. Peters, John Thorp, Gilbert N. Baggett, Arthur Nixon, El!ery Gilbert, David Cullinane. In opening the case for the plaintiff, Mr. Hutchison said that the peculiarity of the- charges were that though the letters were allegedly written by Mrs. Smyth. Mr. Smyth was also liable, because he was her husband. The matter complained of consisted of two allseed libels contained in two anonymous letters, the first of which- was sent to the Rev. J. LI. Dove, Principal of Wanganui Collegiate School, and the second, some time late, to Mrs. Dove. THE ALLEGED LIBELLOUS LETTERS. Mr Hutchison read the following letter, which was posted at Palmerston North some days after it was written. He read the letter literally:— Palmerston North, October 16th. Rev. Dove. Dear Sir, Permit mo to bring under your notice a thing which I think a disgrace, the way that a married woman whose husband is in Australia carries on with your boy at the College. This woman, I believe, lives opposite your College. She intices the boy to her house at all hours ; she has been seen at night after church going home by herself with one of .your boys, whose name is Miles. She uses signels in the day time when she is by herself and the boy 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. I remain, Yours faithfully, (No siguature.) P.S.—I have bad this from good authority. 1 believe if you ]reep a watch on this house you will see for yourself. I don't know who she is.

Continuing. Mr. Hutchison said that the claim further set ou.t that on or about the 4th day of December, 1912, tho defendant. Sybil Mary Smyth, fnlsplv and maliciously wrote and published of and concerning the plaintiff, the following anonymous letter by causing such letter to be delivered to Florence Louisa Dove, the wife of "the before-mentioned Julian Ltewelyn Dove, by whom it was received through the post. Wanganui, December 4th. SVJrs. Dove, Drar Madam. Excuse the liberty I take in drawmg^your attention to the carryings on | of one of your boys at the College, the nam-3 "of Miles, with a married woman opposite. My husband tells me that he with two ether man, whose working on the job close by. On Monday afternoon saw she and Miles misbehaving them selfs 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 a black board at the window and she i*eads it with the glasses from her' house, he w:rote 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 hitn all about it when he returns, this man says that he has been watching this woman for some time, and has made enquiries about Miles he thought at first they were related, but that is not so, she has only got to know him since her husband has been away this last time. This is not the first young man that has got into trouble over this woman. A young man the name of Hatrick had to leave the town through her. And that is why she is being 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 may lead her into trouble. Several of the boys at the College knows and have told there parents, and it is coming the talk of the town. I thought it only my duty to let you know after what I had heard. I cannot give you my name as my husband has forbidden me not to. I remain, Yours faithfully, (No signature.) The person referred to, as "a married woman," continued the statement, with the subsequent references in that sense in each of the said publications, was meant by the defendant, Mrs. Smyth, to refer to the plaintiff who lives opposite the Collegiate School, (in the said publications referred to as "the College';) and iv the neighbourhohod of the residence of the two defendants. The reference iv each cf tho said publications to the conduct of the plaintiff meant that she had been guilty of disgraceful And scandalous conduct. The plaintifi; claimed to recover from the defendants one thousand pounds in respect of each of the publications. Counsel said that Mr. Paterson was | absent at the time the first letter was • written. He returned shortly before Christmas. He learned of the letters. He was an old boy of the School, and speaking to Mr. Dove, had the letters handed over to him. On making en- ' quiries Mr. I'atorson learned that the | writer was Mrs. Smyth, a next-door i neighbour who lived in Liverpool Street ■ Extension. Counsel said that Mrs. Vera S Paterson wrote through him to Mrs. iS:nyth, asking her to make full retracj tion cf the statements, apologise, and I pay a certain smn to a charitable insti- ! tut ion. The .solicitors for the defend- ■ ants, Messrs Armstrong and Craig, re- ! plied, denying all knowledge of the leti tors. That, counsel went on, was unsat- ■ isfactory and proceedings were com-

i tnenced. f U?cr>'<xc W. Harden, Manager of tho : Rank of N«r»v South Wales, ffavo cvi- : denc-e that he had had a great deal of ' <<xppriencj in testing handwriting. Letj ter.s written by the defendant, Mrs. ; Smyth to Mrs." Paterson in May and. ! April. 1913, were nut in as a I>asis rf ■ eon:'na.:-if.r>ii. \S'itres.s testified that the ! hovdwritiiif? was that of Mrs. Smyth. I Tho j'.ffid-i.vrhs of tlm Itev. and 'Mvt- • Dye we:o handed in. :It v.ris admitted hv counsel for de- ■ 'fondant that Mr. and Mrs. Dove rec'ived the lot tors, unil in»!"rsl'or i d i':em to i 1j ■■»'••'» lv-r»i *.vrittrin 1% .^ STrz. SiiC"'b. ! Plvotogranhi" fr,.csimiIcr-- of i'ti^ -ett^vs ; wc"(> distr-Vui-fr-T among <:h>"- jurors. ; Leonard T>. "Parervo-i, Irirbn^d of tho rWnt'-fF. mrr-'ir t. ■.'.".'■• f.-v - dence th^ f h" hid hrnr. it-.-.t-k.I thve^ years. H":« -rife's mnirlen mro w.ts Miss Mowlem and r.he b?!c::,^r d b-.>vr*

her marriage to Palmerston North. There was one boy of the marriage. Nlr. and Airs. Smyth resided about a hundred yards from where witness did in Liverpool Street Extension, opposite the Collegiate School. He said that his occupation as traveller for the firm took him away from home a good deal. He left Wanganui in September last year and returned on December 20. When he left on this occasion there were Mrs. Paterson's -mother and her sister in the house with his wife.

Mr. Hutchison closed part of his case, and reserved the right to call rebuttal evidence to that to be led by Mr, Wilford. CASE FOR THE DEFENCE. Mr. Wilford, in opening the case for the defence, referred to the statement cf defence, which denied each and every allegation contained in the statement of claim. In a, further statement, the defendants admitted that the words complained of in paragraph 2 of the statement of claim were true in substance and in fact. Counsel admitted that" the letters were written by. Mrs. Smyth. Several specific instances of alleged misconduct on the part, of Mrs. Paterson with Miles were given. MrWilford explained that he did not say that these alleged instances were grounds upon which divorce proceedings could be taken. Counsel pleaded justification, stating that the plaintiff wished to acquaint the headmaster of what was going on in respect to boys belonging to a school which everyone might well be proud of. He said that Mrs. Smyth tried to disguise her handwriting and to disguise the fact that it was she who wroto the letters. Sybil Mary Smyth, one of the defendants in tho case, deposed that she resided in Liverpool Street Extension and was a neighbour of Mrs. Vera Paterson, the plaintiff. Witness had known the'plaintiff for about two years. She was 'frequently at witness' house, and they were both very friendly till recently. Mrs. Mowlem and Mi«s Mowlem lived with Mrs. Paterson. Witness had frequently assisted Mrs. Paterson with her work, particularly in regard to the child, whom she took care of when Mrs. Paterson was out at night. Witness had a telephone in her house, and she allowed Mrs. Paterson to use it, aa hic-h sh© did frequently. Witness stopped Mrs. Paterson using the 'phone because she became such a nuisance in riiio-inc young men up in tho town that witness thought that the Exchango might think it was witness. Mrs. Paterson's house was quite near and' in full view of witness' house. A plan of plaintiff's house was submitted, and" witness gave evidence as to the bedroom occupied by Mrs. Paterson. Witness knew a boy named Miles, who was a pupil at the Collegiate School last year, very well by sight. Witness had seen Miles at Mrs. Paterson's house four or five times nearly every day for about two months. He was frequently there before breakfast, in the recreation hour, at lunch time, and after tea._ Mrs. Paterson often spoke of hint as "Charles." On one occasion when witness was in Mrs. Paterson's house, Miles came in. Witness then left. When Miles stopped at the fence.in the morning, Mrs. Paterson would sometimes go oat to the gate and talk to him, and at other times times she would speak with him through the bedroom window. On these occasions she would have very little clothing on. Witness had seen Mrs. Paterson waving her hfind through the window and hugging herself while the boys were passing. Miles and Mrs Paterson had a particular whistle signal. Witness had heard it repeatedly. She had seen the boy going to the house while her husband was away. She had also seen her going home with the boy Miles after church. Some of the other boys used to give the whistle signal, and would laugh at Mrs. Paterson or hide away ' when she came out. Mrs. Paterson'had told her that the boys used to get permits which allowed outsiders to attend the school chapel. Aboiit •r > o'clock on a Monday afternoon in December last, witness saw Miles standing on the back verandah. Mrs. Paterson was taking some clothing off the line and after wards went on the verarnlali. Tlifiy pait their arms around each other, and then she held up her lips and he kissed them. She then ran into the house and he followed. She saw them skylarking about Jibe rooms of the house together on other occasions.One day'a'fc 7.30 a.m. Mrs Paterson was hanging out cf her window, wearing the thinnest garments it w>as possible for a woman to wear. Her arms were bare, and she wore a low vest. Miles was standing on the College grounds. Witness recalled an occasion when Mrs. Paterson invited witness over to have ia yood time with the boys, knowing that witness' husband was out of town. Early in December, witness saw Mrs. Paterson reading with the aid of a pair of opera glasses something on a blackboard which Miles had written. The blackboard was placed at a window in the upstairs floor of the main building I of the Collegiate School.

At this stage the Court adjourned ioi lunch.

The Court was crowded in the afternoon, when, continuing her evidence, Mrs. Smyth made reference to a young man named Hatrick, whom she kn,ew slightly. One evening before a race meeting, witness Said she went over to Mrs. Haterson's to do some sewing for Miss Mowlem. Witness asked Mrs. Patevson if sho were alone, to which the latter replied that Archie (meaning Hatrick) was keeping her company, and was putting her child to sleep, in the bedroom. Tho baby slept in Mrs. Paterson's bedroom. There was no light in tho room at the time. A lady wrote to Mrs. Paterson stating that she was writing to Hatrick's young lady about his conduct with Mrs. Paterson. The young lady eamo back from Auckland after receiving this letter, and was very much annoyed over the matter. Hatrick's vonnjr lady. Mrs. Paterson told witness, forbade Hatrick to go near the house Mrs. Paterson said she told Hatrick that he could please himself. Mrs. Pn-terson said that Hatrick had said that lie was very much in love with Mrs. Pnt-erson, but that the latter had persuaded him to keep engaged to the young lady. "Witness said that Hatrick war. going over to America, and that ho was not really foud enough of the cii'l to roarrv her. On the same occasion. Mrs. Paterson to!<! witness that shy (Mrs. Parerson), her sister, and a Mrs. Stewart went to the races together, and there they met Hatrick. She said that Hntrick went wjth Mrs. Paterson in preference to his young lady. Homing to another phase of th-c case, Mrs. Sinvth admitted having written tho lottens contained in the stntoment

of t-hi'.r.i. O.'.e was nostsj by a friend i:\ Palmer?;1 ;>n North, and five weeks later sho wrot-r> fo Mrs. Dove, posting the letter at W;inf?amii. She allowed five weeks to olnp=e between the time of the. writi.M.r of the two letters because Mi1. Dove. 1::>. 1 taken no notice of the first one. .'ltcr wr'tins the first lettor the <o;in^,-on continued. She did not acTjn.''i-)t -nyone pf 'No eon'e.-ts of ho letters V.pFjjre se-.d'nc; them. Witnes°> T''id v-< discussed Hie matter ; v'th r. one hut iMiss Mowlem. \' > 'i:. -.;' h-? !>T-d would hi:, ftitov,- ;to jro .ami soe Mr. Dove. :!;■!• jvp-o:, M ,r writ;!)" tho letter was solely «':;,; ■,]... f,.!t |; !; = •:■ ,!:i';y 7 > vvi: o ■ '■'■_ ■h-- U'-r'.Ai;-:. 1 •.•.■;• in o:-.-or lo (c!! him :'-f''b'.:-:h . rv'r-'.'j'.-j'tv-r •■■:-'<.' .^ V;'i,"' V-V. P.TifM-: :■;■, ;.-i!:..< .-,Vc;- .'■ ,■ ■ i r^,? 1:.--/' M -t. Ouito t.-,;. iii"; ' : i< ::f!:>" t'i' ',;: '■; i ' '',-■■ ■■hVA. :■','-•- >'. "I .Vu-.v. T:-•.::■: on. (•'..;; :■= ;- incr. '.vi':i.--.- ;-v;il tli.-.t. Mr.- r-tv, ■,;:::

had used AA-itness' telephone for months. -Sho stopped Mrs. Paterson using the telephone, telling her that it Avas contrary to regulations, and that witness ay as liable to have it disconnected; siie also told her that she objected to ncr ringing young men up. Amori^ the young men AAhom she used to ring up wero Hatriek, Curtis, Reed, an.i Morrison. Witness had hearrl Mrs. Faterson speak of Curtis as one of her young men or boys. Witness remembered Mrs. ' Paterson ringing up Hatriek and inviting him to come along and spend the evening Avith her. Mrs. Paterson also extended similar invitations to Curtis. She referred to Morrison as "Jock." Witness said that Miles used to visit Mrs Paterson during September and ' October. j Witness imitated, at the instance of counsel, the Avhistle she had heard exchanged between Miles and Mrs. Paterson. Mr. Hutchison remarked that it was from the tune, "A Policeman's Holiday." j Six or- seven times, witness Aveni, on ! to say, sho had seen Mrs. Paterson Avith ' very little clothing on. Counsel asked at what window hall Avitness seen Mrs. Paterson with this X-ray garment on, to which Avitness replied, "The bed- , room window." She had seen Miles! and Mrs. Paterscn going home together after church. She saw this on tAvo occasions, and again after a school entertainment she saw them together. . One of the occasions, she thought took place before she Avrote the letter of Ocicber 16, and the others aftenvards.

Luring the hearing of the evidence the great crowd in the body of tW Court could not, refrain from tittering. His Honour reminded them that the Court was not a tbea'tre, and that there »n« f. Cd. picture show doAvn the street if ♦liej- Avanted entertainment. With regard to the instance when Avitnes\; said that Mrs. Paterson invited her *>yer to have a good timo with the bojs, witness said that she had; had a good +ame in her own home. There was a time that she Avas not Avell when she told Mrs. Patorson that sho had been wretched. Asked by counsel whether she did not tell Mrs. Paterson that she did not have a happy time Avith her husband, witness •lamitted speaking to Mrs. Paterson of ■an incident that had happened in her home. Witness would not say Avhat tbo incident Avas. She did not tell Mrs. Paterson that she could not keep a maidservant in the house in consequence of 'Mr. Smyth's 'conduct. She had not Romplained to Mrs. Paterson that she had found indecent photographs in her husband's pockets. She bad complained to Mrs. Paterson that her husband did not give her as much pocket-money as *be Avould like. She remembered that Mrs. Paterson was in her house when she sent her little boy -to his father tor money. Letters written by witness to Mrs. Paterson Avhile the latter Avas •n Sydney were read. Witness admitted '<noAving the woman she referred to in •;ho alleged libellous letters. Her hus!>and knew nothing of them. She did not remember being in Mrs Parerson's house .between the dates of the letters. She did not continue a profession of friendship to Mrs. Paterson after Avritm-; the letters of October 16 and Dec. 4th.

Re-examined by Mr. Wilford, witness rlepcsed that she did not pretend that her married # life had been without friction. Her life had been a pleasant one, and her married life happy. She could order anything she liked. When she Avas friendly with Mrs. Paterson she told her of her troubles. Mary Stewart. Avifo of Harold Stewart, engineer, of Feilding, deposed that sho was born in Wanganui. She knew Mrs. Pafcerson and the young man Hatr'ek. Witness remembered going to the races Avith Mrs. Paterson und* Miss Mowlem. They met Ha trick there, and be accompanied them home to Airs. Patenson's, Avhere they had the evening moal.! Miss Mowlem and witness AA'ent to the pictures after tea. and left Hatrick and Mrs. Paterson at the house. Old Mrs. Mowlem av«s in the house. She was blind, and an invalid. Miss Mowlem nrul witness saw 'the {pictures through, and Avhen they came home, H.?trick was still there. To Mr. Hutchison: At tlr's time Mr. . Paterson was cut of NeAv Zealand.

John Andrew Smyth, one of the defendants in the case, corroborated his wife's evidence with regard to the position of his house. He went on to say that he was an 'early riser, and that he often saw the College boys on their morning run. He had frequently seen Mile; at Mrs. PaFerson's house. Witness had seen him there between 6 and 7 in the mornine\ and ,at other tunes during tho day. Sometimes lie had seen Miles enter the house by the front door, *:iif ; inure frequently he went round to the back. He had seen Mrs. Paterson v.nd Miles together in the Avenue sometime in December. He had also seen 'hem together going home fyom the College church. Early m December he .saw Miles go round to tho back of the house. Mrs. Paterson was with him, ! and ho saw Miles holding heir in his «rms. His attention was drawn by a woman's squeal Unit he heard. He saw Mrs. Paterson_pull -Herself away, and the two ran into we house together. Miles j and Mrs. Paterson seemed to have a code of signals between them. He heard j Miles givo a whistle several tiimes as ! ho ran past tho house. Mrs. Paterson would on those occasions come to the window. Witness . remembered seeing Miles about the end of- November ap- j pear to writo on something like a blackboard, which he placed at a window in the school. Mrs, Pat-erson was on her front verandah watching Miles with .-'£ o'iir of glasses. Witness had a telephone which Mrs. Paterson had used very i cften. With regard to the insinuation t in reference to himself, witness said t':;.t j Mrs. Smyth could order anything she j liked. Witness made it a rule to book : everything, and he always paid punctually by cheque afr the end of the monifi. ! Mrs. rSmytli .had? ia:i ino.am.ei of her j own of about 18s. a week. He had had j ji quarrel with his wife, and that w*<s ; through. Mrs. Paterson. Witness did not know that his wife had written liiu letters complained of a£ the time she did so. Mrs. Smyth had consulted witness about Ujctober and November, n lienshe suggested that she would sec j Mr. Dove. 'Witness forbade her to do I «*o. That was when the quarrel commenced. He only knew cf Ha trick through Mrs. Paterson speaking to him I over the 'phono. j -lo Mr. Hutchison: Mrs. Smyth had ' sold tho property she had' owned, and hud invested the money in the TaranrJu oil wells and gold mines. Witness said ho was at one time a warder, then he was a publican, and now lie war, an agent in business in Wellington. Witness had frequently .seen Miles and other bey?: at Mrs. Patcrson's house. He said thp.t Miles sneaked into Mrs. Paterson's jiouso. Witness had ser.e him come from the direction of his dormitory, q;o along by the chapel, walk along the road, and sprint through Mrs. Patersin's gate. Ho regarded Miles' attitude as sneaking. Another tme witness snw Miles walk towards the end of tho College grcunds, and j inn." the fence. Flo then ran through Mrs. Paterson's into and round the house. He saw Milee sneak towards the hou.se in these v-\> :■. At this time His Honour reinvded witness that he must be vory jy\i ticttlnr wi'h regard to wb.it he wns .saying. He must not generalise. He wn* tiking ~■•-.'< vr> woman's richest possession, her character, land Jhi« evidence mif-jht mean the breaking v;.- o a ; o n.^ coipc's home. ! V/'-tnrss, rent in vi T,rr iv. rl<-> ; - rros^-ox-r.m;nntion. s^id t'mt. b-1 rv.r on > tr* <-■■::■*)':, i^'o p"1-*. M'•■■■. Pnlr>rr.on's l> n ;;c-o ri<:.» h t1- i'itl i.:<- !:-^: ; .nr''. rvd V-in-t-|j,(T 1,:, !,V"fl", i;> '.::-'■)•■• cm the 7-.t.r. _i---r- :^ \V; :;i;im I!.-, •■. -■ir?.i-- : - -f M^

ho acted as coach for the Wanganui 'Jollegi'ate Four for two terms. The second term ended about December lodi.. Witness said tbafc a boy named Miles Avas bnw of tho crew he coached He had knoAvn Mrs. Paterson by sight for twelve months. He iiad seen Miles with Mrs. 1 aterson two or three times. He had never seen Miles at Mrs. Paterson's house. I This concluded Mr. Wilford's case, and to-day M,l". Hutchison Avill lead his rebuttal evidence.