Mary Jane Holder, married woman of Hylton Road, Worcester, brought an action for slander against Thomas and Jane Gregory of Upper Broadheath and sought £100 damages.
Mr. Vachell, the plaintiff’s barrister, said the slander was of a very serious character because it imputed that Mrs. Holder was unchaste and an adulteress. She was, in fact, a respectable married woman who had lived all her married life with her husband, an iron founder at Worcester. They had two children.
Both Mrs. Holder and the Gregory’s had stalls in the Worcester Market Hall, selling similar goods, and the slander was alleged to have been uttered when Thomas Gregory said to a customer leaving Mrs. Holder’s stall: “I am surprised at you helping to support the biggest ****** in the market”. Mr. Vachell said the main thrust of the alleged slander was that Mrs. Holder had habitually committed adultery with George Fortey, a nurseryman and florist, at his home at Broadheath.
However, the facts were that Mr. Fortey was 68 and a friend of Mrs. Holder and her husband who had been neighbours of his for a time. Mr. Fortey had a stall close to that of Mrs. Holder, and she sometimes minded it for him while he was away. When Mr. Fortey’s wife died, the Holder family – husband, wife and two children – went to live at Mr. Fortey’s house for a while to help look after him and his home and garden, but Mr. Vachell said the imputation of impropriety was as false as it was cruel.
Mr. Parfitt, for the Gregory’s, said their defence was that the words complained of were never used by them. However, the jury found for Mrs. Holder, awarding damages of one farthing. Mr. Justice Channell ordered the Gregory’s to pay £20 towards Mrs. Holder’s costs.
Originally published in the Worcester Journal
Comments
How things have changed
How things have changed since this article was written!!
Maggie
Re: How things have changed
Hi Maggie,
I think it is society that has changed rather than the law. You probably could still sue for the same thing today under the law of Defamation ... if you could afford it that is as it has become a rather specialised area of the law and generally you have to tow your bank account with you to the solicitors before they will entertain the idea :)
BFN
Sally