SLIP OF PAPER LIBEL

Wanganui Chronicle, Volume LXXXIII, Issue 20151, 21 May 1928, Page 12

SLIP OF PAPER LIBEL

DOCTOR TO PAY DAMAGES TO RATHER OF TEN. Well known as a medical man in Croydon (England), and holding a responsible position there, Dr Thomas Archibald Dukes, of Wellesley Road, was sued in the King’s Bench for damages for libel by Mr Stephen Appleton, of Dominion Road, Croydon. Sergeant Sullivan, K.C., for plaintiff, stated that Mr Appleton was now 57 years of age, and incapacitated by rheumatic fever contracted earlier in life. He had a wife and ten children, all of whom were employed except one son. Mr Appleton’s illness had affected his heart, and he was unable to use his limbs with any degree of freedom. It was in reference to the ill-health of one of his sons that the libel was published. Mrs Appleton had to get a certificate about the boy from Dr Dukes, who was medical officer to the Board of Guardians, before she- could obtain relief, and in connection with her application she visited the doctor ’s house. Defendant spoke of the valvular disease from which the boy suffered, and volunteered the statement that it was useless to send the lad to hospital unless the authorities were made aware of what was wrong with the boy ’s father. what is wrong with the boy’s father?” asked Mrs Appleton, and the doctor straightway wrote down on a piece of paper the libel complained of. It imputed that plaintiff had suffered from a certain disease. The family were terribly upset, and a writ was issued. Dr Dukes then forced his way into the Appleton’s house and endeavoured, stated counsel, to intimidate them into putting an end to the action. He even went into plaintiff’s bedroom and alleged that the piece of paper had been stolen from his desk. . It was contended by Mr J. D. Cassels, for the defence, that there was privilege, and to that Mr Justice Avory assented, but the question of malice was left to the jury. The jury awarded Mr Appleton £lOO damages, and judgment was entered accordingly, with costs. Dr Dukes did not give evidence.