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Decisions of the Superior Courts of New South Wales, 1788-1899

Raine v Jackson [1833] NSWSupC 28

libel, harassing signs - imprisonment for debt - harassment

Supreme Court of New South Wales

Dowling J., 1 April 1833

Source: Sydney Herald, 4 April 1833[1 ]

Monday. -  John Raine v. Jackson. - This was an action for libel, arising out of the following circumstances:  In the month of November last plaintiff, who resides at the Darling Mills, opposite the defendant was arrested, and put in Parramatta Jail, for debt; not being on good terms with the defendant he commenced against plaintiff a series of annoyances, the first of which was hoisting a white flag with the following words written on it:  ``The Raine will Raine no more;" the defendant in the next place placed a pole at his railings on which he hoisted a blue silk handkerchief, and on the railings were hung two boards, on which were chalked in very large letters, ``Let my Raine be ever so short, yours must be shorter," on the other, ``away ye despot," which had a tendency to raise a mob of persons and injure Mr. Raine in his business.  This was the libel complained of.  The defendant called no witnesses.  The learned judge in summing up, put the case to the Jury on three points, 1st, were any or all of the libels exhibited or published by plaintiff, 2nd, will they apply to Mr. Raine the plaintiff, and, 3rd, what do these words mean, have they a tendency to lay Mr. Raine open to hatred, contempt and ridicule.  Verdict for plaintiff, damages £5.

Dr. Wardell and Mr. Poignand for plaintiff, Mr. F. Stephen, for defendant.

 

Notes

[1 ] For the trial notes, see Dowling, Proceedings of the Supreme Court, Vol. 81, State Records of New South Wales, 2/3264, p. 73.

Published by the Division of Law, Macquarie University