Salt Lake Herald-Republican | 1918-05-26 | Page 55 | Court Lashes Mrs. F. H. Burnett

COURT I LASHES V MRS S. S F. F H. H BURNETT NEW r YORI YORK May a 25 The 25 The appellate division of the supreme court decided that Mrs 1 Prances Frances Hodgson Burnett author of Little Lord Fauntleroy and other books must stand trial a second I time for tOI writing a defamatory letter lettel She was sued for damages by her niece by marriage Mrs l Archie Fahnestock of this city and Washington Washing Washing- ton but had the complaint dismissed at the end of the first trial I In an opinion written by Justice Dowling reversing this ju judgment and ordering a new trial the court said Mrs Irs Burnett butted Into a family controversy without cause and deliberately deliberately defamed Mrs Fahnestock The court said Mrs Burnett cannot claim lege e as her letter was not written in reply to any letter directed to her She SheI I voluntarily interjected herself Into a I correspondence with which she had no concern for tho the purpose of gratifying her hel malice against the plaintiff PI Mrs Mrs s Fahnestock or to satisfy some grievance grievance g ance of at ical real or fancied Mrs l Fahnestock's husband Is the son of Mrs Edith M. M Jordan Mrs Burnett's Burnetts Burnetts Burnett's Burnetts Burnett's Bur Bur- nett's sl sister ter Mrs Jordan received a a. letter in which there was cm- cm plaint about the thc way Mrs and and Mrs Burnett had treated Mrs Fahne- Fahne I Mrs Burnett took it upon herself herself herselt her her- self to answer this letter although It was directed to her sister In a scorching scorch scorch- In ing reply o 0 pages paSes she called Mrs Fahnestock a a liar slanderer Ill Ill- meddler bred a and a brawler of ot doubtful character and antecedents and subject to brainstorms Tho opinIon I ion lon continues Mrs Burnett's Burnetts letter was most virulent vir- vir ul nt in character filled with with h n I n. n u nn n u upon the plaintiffs plaintiff's character er and evidently c written for Cor the purpose of at humiliating degrading and Insulting her hor and holding her up to the contempt and ridicule of at all those who might have an opportunity of at reading It The whole tone tono of ot the letter Is un un- un un-I un mistakable Its purpose apparent and the mall malice co which pervades it Is ma mani I- I tested in almost er e every paragraph Mrs Burnett explained at the trial that she had delegated herself hersel to tomake tomake tomake make the reply for her sister Mrs Jordan