Claiming Damages For Being Called Communist

Chronicle (Levin), 20 May 1949, Page 3

Claiming Damages For Being Called Communist

Press Assodation)

LIBEL ACTION AGAINST PRESS ASSOCIATION

(Per

WELLINGTON, May 19. An action in which Leslie Edwards, journalist, of Wellington, is claiming £3500 damages from the New Zealand Press Association for alleged libel, in that he had heen named as a leading Communist in a message distributed by the association to various newspapers, was commenced in the Supreme Court tod-ay. The matter is being heard by the Chief Justiee (Sir Humphrey O'Leary) and a jury of 12. Counsel engaged. are Mr. Trevor Henry, of Auckland, witli him Mr. K. T. Matthews, of Wellington, for Lhe plaintiff; and Mr. G. G. G. WatsOn, with him Mr. Herbert Taylor, for the defendant association. The plaintiff was stated by liis leading counsel to be 32 years of age and an employee of the eommercial braneh of the National Broadcasting Serviee. The statement of claim sets out that the plaintiff is a journalist, radio broadcaster, script writer, and advertising sx>eeialist, carrying on his professions in the city of Wellington and depends for his entire livelihood upon the good will of the newspapers, the advertising agencies, and the New Zealand Broadcasting Serviee. The statement of claim says in part that the Press Association message complained of was as follows: v,'The names of four New Zealanders appear in a list of 500 of the more important Communist leaders outside the 'Soviet llnion, compiled in an official report for the United States Government. They are Alexander JDrennan, Leslie Edwards, Sidnej' Scott and Victor Wilcox. " "Oi Drennan, the report says that he and his wife are both Scottisk. He is active as a speaker and in waterside strikes and was placed on tliree years' probationfor sedition speeches and antiwar activitics in 19-10. Edwards is described as a proinineut worker for the New Zealand Communist Party and author of a number of anti-American

and pro-Soviet editorials in the Sourhern Cross. Scott is said to devote his full time to party work. He began to go blind around 1937 and visited the U.S.S.R. obstensildy for treatment in 1939. Ile became totally blind in 1944. Of Wilcox it is noted that he is national organiser for Ihe New Zealand Communist Party of which he was national treasurer in 194(5." Plaintiff's Evidence In , evidenc.e Edwards said he was a married nian living with his wife and family at Ngaio. His present oecupation was' that of a radio script writer for the commerieal radio division. He was an old boy of the Christchurch Boys' High School. ' Between 1934 and 193(5 he was on the literary staff of the Christchurch Press. In 1937 he joined the staff of 3ZB, writing advertising copy and acting as publicity ofhcer for the station. On Sunday evenings he took part in broadcasts on world affairs. In 1939 he was transferred to PaL merston North, leaving thero in 1942; for the head offiee in Wellington. In 1943 he suffered an illness and did not return to duty until 1945, having been in a sanatoriuin. Later, he took six montlis' leave of absence to organise funds for the Southern Cross, eventually resignihg his position to become leader-writer and literary editor for that newspaper. In 1947 his health broke down again, necessitating further sanatorium treatment. Ile was not iit to return to newspaper work, and took work on a contract basis with eommercial broadcasting. Wlien the article complained of appeared in the newspapers he had already told the Broadasting serviee that he would be terminating his engagement in order to take up an appointment with an advertising lirm. Cross-examined by klr. Watson, the plaintiff said he, was also claiming, on another writ, anotlier £3500 from the National Party newspaper Freedom in respect of tlie same matter. That issue was set, down for trial at the eurrent sittings. The message, Edwards agreed, was taken from a report publisked by the Government Printing Offiee in Washington. With one exception he considered it to be a fair summary. It was the function of the Press Association, he agreed, to collect news for publication, but he did not consider the document published in America was a matter of great public interest to the democracies. The witness said that after the publication of the matter complained of he was offered publication, with the

same type and sp'ace, of any statement he might wish to make in contradition of the original . majtter. He had always insisted, however, that the newspapers and the Press Association should themselves vouch that he was not a Communist or member of the Communist Party, and he had made it plain that he would still want damages. \ . "Still Wanted Damages." Mr. Watson: It di(l not matter whgt they offered in the way of statements in the Press or payment of your costs, you were still going to try to make money out of the happening? — I still wanted damages. The witness agreed that on January 26 an apology was published in the newspapers that had published the original matter. Mr. Watson: Are you suggesting it is defamatory to you to say you are a prominent worker for the Communist Party? — Yes. Do you also claim it to be defamatory to say you are the author of a number of pro-Soviet and anti-American publieations? — Not defamatory; it is inaccurate. Is it defamatory to call anyone a Communist? — Yes, if he is not a Communist. Mr. Watson: Would it be defamatory to call a man a Conservative or a Liberal or a member of any other political party ? — No. At this point, Mr. Henry, for the plaintiff, interposed that the action was based on the contents of the whole message, not just on calling the plaintiff a Communist. The Chief Justiee said that he, too, would, of eourse,' have to point that out to the jury. Mr. Watson: You would not seek the friendsliip of Communists or seek to work with them if the word Communist had thp dreadful meaning you ascribe to it? — No. Do you agree that Russia is the home of communism? — Yes. And the present Rxjssian leaders are the leading Communists in the world? —Yes.

To furthef questions, the witness said he had been in organisations in which there were Communists, and had been a prominent member of the Society for Closer Eelations with Soviet Eussia, as well as being on the editorial committee of that organisation 's bulletin. In 1947 and 1948 he was on the executive of the society and in the latter year attended meetings of the executive. ■ Mr. Watson: Your associates on the executive inclnded well-known Communists?— Two, I think. The witness said he had evinced noobjection to sitting under the chairmanship of one of them, Mr. Griffen, who was a delegate to Moscow in 1938. To further questions, the plaintiff said he was. also a member of the New Zealand Labour Party, the executive of which had decided that the Society for Closer Eelatiops,, i ^as a Communist auxiliary. Ciuestion of Language. ; After 1% IvH.I&on had quoted from .feditorialsjTyriit^j^ by plaintiff, Edwards ffenied he' wsDs5 'accustomed to using language that might be . considered deL famatory. He xemem-bered^ feijierfing, to a Supreme Court Judge as "an eminent jingo." Plaintiff agreed he had writ-1 ten an editorial in the Southern Cross regarding Mr. Eandolph Churchill which led to a libel action. He had used the sort of language, he said, that political opponents used against one another. Edwards said he knew that the matter complained of was a summary by the Press Association of an official American report which he had seen. This report was of a sub-committee of the Foreign Affairs Committee of the House of Eepresentatives of the United States. Mr. Watson: The report published by the Press Association was a fair summary? Edwards: It was anything but a fair summary. Plaintiff quoted a passage from the first page of the report. This stated: "The data assembled here fail of perfection therefore but they are nevertholess felt to be the best that can be assembled and published at this time." This had, been omitted from the Pjess Association report, he said. With that exception it was a fair condensation of the official American report. Edwards said he rememberea a letter from the United States Embassy in Wellington which said that in the preparation of the report the committee was assisted by its own staff of profes- • sional research assistants. 1 Mr. Watson: So that* complaint, if you have one, is primarily against that

committee and researcb assistants who arrived at these eonclusions regarding yourself? Edwards: At the bottorn it must be. Mr. Watson: It is the function of the Press Association to distribute any news item of pnblie interest? — Yes. Mr. Watson: You would no doubt agree that the official document referred to is news of interest to people throughout the world?. Witness: It is not news in New Zealand that Drennan, Scott and Wilcox are Communists. i; Mr. Watson: Is the whole of tHe document published in America a matter of interest, at any rate throughout the democracies? Edwards: If it had been we would have heard of it from Eeuter's in America instead of from a speeial correspondent. Mr. Watson: If you, as a journalist in England pr America, had come on tljas jocument listing the leading 500 Communists outside Eussia, would you have thought it a scoop? ' s •-"Edwards: Onee I had re'ad the preamble, ha. Mr. ' Watson: Another journalist might well have taken a differeht view? Edwards: The reasons which would influence him would do him little credit: Mr. Watson: So though this was a reasonable condensation of an American report, there was no reason for circulating it through the Press Association as a matter of news?Edwards: Except that the Southern Cross was mentioned as a Communist newspaper, the . answer. is no. There was no otlier point to the article. Asked again whether the report wonld have no value, plaintiff said: "No, it was stale stuff. " Mr. Watson: Do you also agree that there is nothing in the Press Association condensation that does not appeaT in the original version of the report? Edwards: Nu, there is nothing.

Mr. Watson: So that you are really claiming from the Press Association £3500 for what you agree is a fair condensation of the American report? Edwards: That is my claim and that is the foundation. Ee-examined by Mr. Henry, plaintiff said the Society for Closer Eelations with U.S.S.E. started during the war. Those behind the inception were people like the Eev. P. Parris, Mr. H. Atmore and Mr. Serimgeour. It had the blessing of men like Mr. Nash and Mr. Holland. The society was concerned with the development of economie and cultural relations with Eussia. Plaintiff had addressed meetings for the society, ne said. Until re'eently several Labour members of Parliament had been members of the society. It reeently had been concerned with efforts to promote a trade pact with Eussia. When a former editor of the Southern Cross, Eobert Harper, was called and questioned by counsel for plaintiff about plaintiff's reputation as a journalist, Mr. Watson objeeted. After submissions by Mr. Henry, his Honour said he did not think the evidence songht was relevant or necessary. Mr. Henry then elosed his case. His Honour said he would examine a submission by Mr. Watson that the claim regarding the innuendo should be struck out. » Counsel will address the Court when the hearing resnmes tomorrow.