Fred Hamilton TAYLOR [11589]

  General Notes:

1892 SA Birth TAYLOR Fred Hamilton, Thomas TAYLOR Mariea CUMMINS Adelaide 512/457

  Research Notes:

PAPER SUED--LIBEL CASE
Article on New Glenelg Baths
HOUSE SALE
FOLLOWING the publication in "Smith's Weekly" on July 9, 1932, of an article on the proposed landscape baths at Glenelg, Jessel Cohen, of Glenelg, claimed £30 damages from Smith's Newspapers Ltd. for allegedl libel. The case was heard in the Adelaid Local Court today. Cohen alleged that the article had contained words which meant that he was insincere, and not honest and honorable as a citizen of Glenelg, or as a public man, in his opposition to the landscape baths scheme, but was opposing the scheme entirely in his own interest. In consequence it was alleged that Cohen had been greatly injured in credit and reputation, and had been held up to public odium, ridicule, and contempt. The defendant company denied that the words complained of were capable of bearing the meaning alleged in the claim. It pleaded that so far as the worrds consisted of statements of fact they were true in substance and fact and the words which consisted of opinion, were fair comment made in good faith and without mailice on the facts; which were a matter of public interest. The newspaper also submitted that on several occasions since the publication of the article it had invited Cohen to indicate in what respect the words complained of were inaccurate or misleading and bad offered to publish a correct statement of the facts, in the event of the words, or any of them being found to be inaccurate or misleading. Cohen had refused all such invitations.
WHAT ARTICLE SAID
The article complained of, as read in court, said that a company to be known as Glenelg Swimming Pools Ltd. proposed to spend more than £13,000 to construct landscape baths. The choice of site was decided after much manoeuvring by the various parties concerned. The manager of Glenelg Bathing House Ltd. (Mr. White) had contended that the Glenelg Council was under a firm, moral obligation to protect him from opposition. The three provisional directors of Glenelg Swimming Pools Ltd., which was yet to be incorporated, said the article, were Fred H. Taylor, Gordon Inkster, and Arthur Mangan, solicitor. It was proposed that the new baths should be on a site at the end of Anzac Highway where there is now a car park. "First of all we proposed to erect the baths on a private site" Inkster is reputed in the article to have said. "and for this purpose we secured an option over the house and property of Jimmy Carr, but we dropped this when the council was ready to let us have the car park. "So let us pass along to another stalwart objector to the proposed new baths: Mr. Jesel Cohen, a former councillor and defeated candidate at last mayoral election." said the article. "Mr. Cohen's voice was raised loudly at the noisy public meeting held last week, and he talked much of 'the council's moral obligation to White.' Mr. Cohen also moved that the council should take a poll of ratepayers on the question.
QUESTION OF SITE
"But, as Smith's has discovered on May 10 last, Cohen purchased the home and property of James McKay Car-. and not long after this, about a week, in fact he assured both Taylor and Inkster that he would withdraw his opposition if this site were decided upon." The article said that Carr had said that he had exchanged properties with Cohen and had received an additional cash consideration of £1,500 from Cohen, and Carr would, have been satisfied with the exchange without the cash. "This throws a different light on Mr. Jessel Cohen's opposition to the scheme," Smith's Weekly" had said. Mr. Herbert Solomon represented Cohen and Mr. H. G. Alderman appeared for Smith's Newspapers Ltd. Mr. Solmon said that the two matters which were claimed to be particularly deleterious to Cohen's reputation were the suggestion that the house over which the new bathing company obtained an option was the property Cohen afterwards bought from Carr and that Coben purchased the property with the idea in his minid of taking advantage of that option; and that he told Taylor and Inkster that if they would exercise their option and purchase the property he would withdraw his opposition to the landscape baths scheme."
"BOOT ON OTHER FOOT"
The boot was on the other foot, said Mr. Solomon, as Taylor and Inkster had practically offered Cohen a bribe to with draw opposition. Carr was glad to sell his large property because of a diminishing family, and Cohen was glad to buy it because of his increasing family. Cohen had never heard or the option until he read of it in "'Smith's Weekly." William Brown, carpenter, of Jetty road Glenelg, witness for the plaintiff, said that as the result of reading the article Cohen had fallen in his estimation as a citizen. Without having called Cohen to give evidence, Mr. Solomon announced that his case was closed. Mr. Alderman said that in his experience he had not previously known of an alleged injured party in a libel action refuing to go into the witness box. Frederick Hamilton Taylor, a merchant of Hewitt Avenue, Toorak; called to give evidence for the defence said that he had entered into negotiations to acquire an optio on a property owned by Carr on Colley terrace but he did not obtain the option. The property was offered at £4,000 and the offer was to remain open indefinitely. "'Smith's Weekly" had misdescribed the arrangement as-an option he said. The case is not completed.

Fred married Ivy Lorina BROADBENT [3178] [MRIN: 4271], daughter of Arthur BROADBENT [3157] and Frances DREW [3167], on 30 Oct 1915 in Methodist Church Cherry Gardens, South Australia. (Ivy Lorina BROADBENT [3178] was born on 29 Oct 1894 in Cherry Gardens, South Australia and died in 1981 in Glenelg, Adelaide, South Australia.)

  Marriage Notes:

1915 SA Marriage 265/406 TAYLOR Fred Hamilton BROADBENT Ivy Lorina Morphett Vale