[slander]

Houghton v. Reid

Supreme Court of Van Diemen's Land

Montagu J., 22 August 1834

Source: (Launceston) Independent, 23 August 1834[1]

This terminated the criminal cases; when a Civil Jury was called for the trial of the case Houghton v. Reid, for slander. The following were the jury: -

William Barnes, Esq (foreman), Messers George Allen, William Burnley, Patrick Carolon, Andrew Burrell, William Bonnolly, John Anderson Brown, John Bickerton, George Aylwin, William Bransgrove, Joseph Atkinson, and Edmund Bartlett.

The jury being sworn. Mr. Gellibrand opened the case, which was as follows:- That the defendant, Mr. Charles Reid, did, on the 27th January last, at his own house, in the presence of several gentlemen, state, that Mr. William Field, who had paid his address to the plaintiff, Miss Emma Blauchard Houghton, had ceased to pay his address to her, after having got her in the family way and that he had gone to George Town for the benefit of her health. Several gentlemen were called to prove the statement who objected to name again the conversation that had taken place at a private dinner party.

Mr. Gavin Ralston, one of the witnesses, declared, that he had made a memorandum of the conversation soon after it had taken place, and acknowledged that he had read it before coming into Court.

The Solicitor General, for the defendant, submitted that the plaintiff must be non-suited upon a Law precedent; but his Honor allowed the case to go to the Jury, reserving the point, when they retired, and after a short absence returned a verdict for the plaintiff - £100 Damages.

Notes

[1] See also Launceston Advertiser, 28 August 1834, reporting the trial as follows: "This was an action for slander, brought by Mr. James Houghton, on behalf of his daughter, Emma Houghton, a minor. Mr. Gellibrand for the plaintiff, and the Solicitor General for the defendant. Verdict for plaintiff - Damages £100: subject to a reservation on a point of law, submitted to the Judge by the counsel for defendant."