The Mercury Newspaper:- Thursday 19 April 1945
Claim For £500 For Alleged Defamation
ALLEGING that Mrs Eva Hitchens storekeeper at Lune River, had made defamatory statements about her. Mrs Ada Amelia Polaski, of Lune River, yesterday began an action in the Supreme Court at Hobart in which she is claiming £500 damages. Hearing was adjourned till 10.30 am tomorrow. The Chief Justice (Sir John Morris) was on the Bench.
Mr J. B. Piggott is appearing for Mrs Polaski and Mr F. J. Wilmshurst (Ogilvie. McKenna, Wilmshurst and Mills) for Mrs Hitchens.
Ada Amelia Polaski said she was the wife of Ralph Polaski, and lived with him and her family at the Lune River. As a result of something she heard she went to Mrs Hitchens' shop on Dec. 7, accompanied by her husband, Percy Lockley, Mrs Ransom, and two of her sons. Her husband said he had been told that Mrs Hitchens had said his wife and Lockley were having secret meetings in front of her shop, under the mill, and by the loco line. Mrs Hitchens said it was true.
"I replied it is not true," said Mrs Polaski. Lockley said: "It is a lot of lies." A fight followed in which the men , including Mrs Hitchens' two sons joined.
In reply to Mr Wilmshurst Mrs Polaski said before Dec. 7 she frequently went to Mrs Hitchens'-shop. She stopped going to the shop because Mrs Hitchens sent word by Mrs Riley her daughter, to keep away.
Mr Wilmshurst: Why didn't you go to Mrs Hitchens and inquire the reasons?
Witness: I didn't want to make trouble.
Weren't you offended or troubled about it? I had heard Mrs Hitchens had been talking about me for some time. I wasn't offended. I gave no further thought to it, but just kept away from the shop.
Had you used the shop as a place to meet Lockley?-No, I never met him there or anywhere else.
Did Mrs Hitchens say she saw you meet Lockley at any other place? She said I was down in the hollow with him. I replied that I was not with Lockley, but was talking to Mrs Coleman. She said her son had told her he had seen me with Lockley in the hollow after a Labour League meeting.
Mrs Polaski denied that she had ever told Mrs Coleman that she was fond of Lockley. Mrs Hitchens talked about everybody in the district. There had been previous trouble, be tween Mrs Hitchens and witness' family.
Ralph Polaski, in reply to Mr Wilmshurst said he had never seen his wife and Lockley together except occasionally at dances when they danced together. He did not know Mrs Hitchens had told his wife to keep away from the shop. There was a general argument at the shop on Dec. 7, but he heard Mrs Hitchens say that his wife had slept with Lockley at witness' home one night when witness was absent on a fishing trip.
The Mercury Newspaper:- Tuesday 24 April 1945
AWARDED £50 DAMAGES FOR DEFAMATION
In the Supreme Court at Hobart yesterday the Chief' Justice (Sir John Morris) awarded Mrs Ada Amelia Polaski of Lune River, £50 damages against Mrs. Eva Hitchens, also of Lune River, for defamation.
His Honor said he did not think the defendant had established any ground to qualify for privilege, as he did not think that the words uttered by her were made for the protection or interests of any other person concerned. He considered her statements had been made purely as a matter of gossip.
His Honor ordered that costs be taxed on the basis of a £250 claim.
Mrs Polaski, who was represented by Mr J. B. Piggott (Bruce Piggott and Co.), had claimed £500 from Mrs Hitchens, for whom Mr F. J. Wilmshurst (Ogilvie, McKenna, Wilmshurst and Mills) appeared, on the ground that she had made statements reflecting on her character. The evidence was heard last week