Quirky Cases

The Tale of a Lost Invitation

By The Hon John McKechnie QC

It started with an invitation which a maid forgot to give to the lady of the house. Dr William Russ Pugh was a doctor in Launceston in 1842 He had a large practice and his expertise in other areas was recognised by the 2000 or so residents of the northern city of Van Diemen’s Land. Dr Pugh was distracted by a looming crisis which may have caused him to lose perspective. Mr Lewis William Gilles, a former naval officer was the manager of a bank Archer, Gilles & Co, later to merge and become the ANZ bank. He was in severe financial distress having lost 400 pounds in a banking transaction. Perhaps his circumstances caused him to over-react. Both were members of the Launceston Club, a club established for gentlemen. In early June 1842 Mr and Mrs Gilles held an evening party and ball. Invitations were sent out through the post, including one for Dr and Mrs Pugh. When the invitation arrived, the maid paid tuppence for its receipt but forgot to give it to Mrs Pugh. Being unaware of the invitation, Dr and Mrs Pugh did not attend the ball or respond. Their absence annoyed Mrs Gilles who told people so, one of whom told Dr Pugh. He wrote to Mr Gilles saying Mrs Pugh was in ignorance of the invitation and that it was not delivered to any member of the household. This latter statement was of course wrong. There the matter should have rested, but human nature being what it is when people feel slighted, it did not. Mr Gilles tracked down the letter and discovered that it had been delivered by the post office and paid for. Mr Gilles considered that Dr Pugh’s actions were unbecoming and he complained to the club committee that Dr Pugh had behaved in an ungentlemanly manner. When he heard of the complaint, and checked that it was true, to say that Dr Pugh was furious is an understatement. In dead of night, with a companion, he called on Mr Gilles and demanded satisfaction – a challenge to a duel. Mr Gilles sensibly demurred on the grounds that they should wait for the committee’s decision. In the meantime he consulted two soldiers who both told him there were no grounds for a duel. Captain Stewart further advised that Dr Pugh was not entitled to challenge as he was guilty of tergiversation (extra marks if you already knew this word). Later that day the committee decided Mr Gilles’ complaint was unfounded. The committee had no right to do so. Under the rules, the question had to be put to a meeting of members. Had it been so, the result might have been different. When Dr Pugh had earlier tried to have Mr Gilles removed from the club, he had been resoundingly defeated. But for the time being, Dr Pugh was exonerated. He was not one to be gracious in victory. He posted a notice in bold letters on the club’s door where everyone could see:

Mr Lewis William Gilles having instituted charges against me derogatory to my character which he failed to substantiate and having refused to afford me satisfaction, I hereby proclaim him a COWARD and a LIAR.

WR Pugh

July 8, 1842. Two things happened in consequence. The members of the Launceston Club were so riven in their loyalties that many resigned, and the club dissolved. It would be 40 years before a new club was founded. The second thing was that Mr Gilles sued for libel. The trial was held in the new courthouse on 6 October 1842 before Chief Justice Pedder and a jury of 12. The libel was admitted so the only question was the quantum of damages. Mr Gilles sought 2000 pounds which may have alleviated his financial circumstances.

The jury were having none of it. After deliberating only a few minutes, they returned to court and announced a verdict in favour of the plaintiff for damages in the sum of one farthing, the smallest coin in the realm. They added that each party should bear their own costs. No doubt the jury felt there was fault on both sides and the whole thing was a waste of everyone’s time. Mr Gilles left Launceston in 1844 for Adelaide where he helped his brother manage the Glen Osmond lead and silver mine for a time, before joining he public service in Victoria and serving for 14 years as magistrate in Warnambool. He retired back to Glen Osmond and died in 1884 at the age of 88. Dr Pugh was a popular doctor in Launceston and a man of many accomplishments. He was yet to face further action against him where he…. that is a tale for another quirky case. (Adapted from Gilles v Pugh [1842] TASSSupC 24 Tergiversation: equivocation, prevarication.