BEAUCHAMP Vs. SIR GEORGE MOORE

JUDGEMENT

(1.) This is an appeal from a conviction of the Editor of the Madras Mail on a charge of defamation. The complainant is the President of the Madras Municipality. The charge alleges that the defendant published certain untrue and defamatory statements concerning the acting Health Officer of the Municipality and the subordinate officers of the Municipal Health Department, for whose efficient working the complainant is directly responsible, intending, thereby, or knowing, or having reason to believe, the publication of such untrue and defamatory imputations would, injure the reputation of the complainant.

(2.) The charge then proceeds to set out the alleged untrue and; defamatory imputations. They are as follower--" That on Friday night (meaning the night of Friday, August 23, 1901) there were three attacks in two native houses in Chintadripet in Singanna Chetty Street. In one of the houses both the cases proved fatal. . . . There was one more attack in that very house and a Eurasian resident reported the case to the Police who, in turn, brought the Sanitary Overseer to the houses, but, strange to say, absolutely nothing was done in the way of disinfection, cleaning the clothes, &c. Naturally, the contagion spread to the neighbouring Eurasian houses and the medical attendant at once reported the cases to the Health Officer; but, would you believe it, that only at 10 o clock at night did the same overseer come to disinfect the houses . . .. It was pointed out to the Health Officer that the people had locked up the clothes of the patients in an adjoining house, and the clothes were found locked up. But beyond ordering the peons or the overseer to see them burned, nothing was done to destroy them. The corpse way allowed to be kept till at 7 last night . . . it was removed. When death occurs in a respectable Eurasian house the Municipal Health department insist on the body being removed at once, but the body of the woman was allowed to remain for one full day. This is not all. There was one death in the barracks and there are one or two cases of "diarrhea" there. But the Municipality has done nothing to disinfect the house, and there are not fewer than a dozen families in the barracks. There are not fewer than three cases to-day, but, of course, we see not a single peon anywhere. These are facts which speak for themselves. I have now to appeal from Dr. Mathews to Colonel Moore to adopt more rigorous measures to put an end to the scourge . . . now carrying off men like sheep."

(3.) Further on the 5 day of September 1901, at Madras aforesaid, in another number of the same paper, the Madras Mail, the said defamatory and untrue imputations and matter or portions1; thereof were repeated and confirmed in the following words, that is to say, " with reference to the above I have to state that the best evidence of the facts furnished by me is the above letter itself so far as the disinfection of the native house in Singanna Chetty Street is concerned" Let me again restate my facts of the case. .. . On Friday, the 23 ultimo, .there were three attacks in two native houses Singanna Chetty Street, in Chintadripet. It is also absolutely true that the Sanitary Overseer of the division visited the house on Saturday morning, but nothing was done as to disinfection till 10 P.M. on Saturday night. As to the removal of the corpse there is nothing in what said to imply, that I accused the Health Department of not carrying out the Taw in the matter. What I meant and what my words clearly indicate was that the Eurasians, the better classy were amenable to moral persuasions in this respect and removed their corpses without much delay. With regard to the disinfection of the clothes of the deceased, I regret to have to add . . .. I have evidence to show they were not disinfected in the presence of the acting Health Officer, but only on his instructions ... after he left the spot."