'ALMOST INVITE HORSEWHIPPING,' SAYS JUDGE

Hawke's Bay Herald-Tribune, Volume 81, Issue 51, 23 November 1937, Page 5

'ALMOST INVITE HORSEWHIPPING,'

SAYS JUDGE

-P/ess Aasn. -

LIBELS ON DUKE OF -WINDSOR (Action Against Publisher of "Coronation Commentary" •APOLOGIES MADE

i(By Telegraiih-

-Copnicat.J

, (Received 23, 1.15 p.m.) j" " . LONDON, Nov. 22. The Lord OMef Justice consented to the withdrawal of tlie Duke of .Windsor 's suit for libel against the author, Geoffrey Dennis, and publishers, Heinmann's, of the book "Coronation Commentary." It is =• understood that an arrangement for iottlement of the claim was reacned ©uteida tlie Courts. In reluctanriy agreeing to tlie withdrawal of the BUit the Lord Chief Justice coinjnented: "These particular libels, a jury might think, would appear almost to invite a thoroughly cfficient horsewhipping. . . It miglit well bo that a criminal prosecution Will follow. I don't know." The amount of damages is not disclosed. Sir William Jowitt, K.C., TepresentIng tlie Duke, said that tke actiou concerned libel contained in the book f * Coronation Commentary. * ' The abdication of King Edward VTTT -was an event with wbick one chapter of tke book dealt. It was perhaps inevitable witk regard to suck * matter tkat mmours skould originate and grow. It was undoubtedly a fact tkat many statements witk no justiilnation wkatever wero made witk regard to ii. At tke same time, it skould be elearly understood tkat no writer giving fuxtker currency to unfounded rumours could protect kimself by tke

mere assertion tkat tke rumouro exist®d before tke book was publisked. Neitker was ke entitled to publisk suck Tumours, even tkougk, ke added, as tkis autkor frequently did, tkat tkere wais no evidence or insuffieient evidence to support tkem. "Tke very fact tkat tke rumours were repeated by responsiblo and Tespectable persons makes tkem more serious and impossible to disregard " Sir "William added. "Tke book, which in the main was written before tke -abdication contains a ckapter entitled 'Tke Abdication' which, it would appear from tke pub-

lisker's noto, was written at a later date, possibly under pressure, in order to be xeady for publication on tke eve of tke Coronation. "It is only fair to tke defendants to say that in tho main reports^rumonrs and suggestions are referred to only for tke purpose of discrediting tkem, but tke ckapter was certainly written without due considCration, for it contains suck defamatory and sucli ntterly groundless allcgations of fact as to make it necessary for tke Dukiof Windsor to take tkis aetion." Tke Duckess's Position. Sir William continued: "In tke first place a rumour was repeated in the bopk to tke efceet tkat the lady who is now tke plaintiff's ivifo occupied before , ker marriage the position of kis mistress. No . suggi-: £ion could be morr damaging or more insulting to the ladj wko is now tke Ducliess of Windsor. Tke suggestion is entirely utrue and could not be supported by a skred of evidence, and tke defendants did not. justify it. "Secondly, tke ckapter in question witk. the suggestion Jhat tho rgal

cause of tke abdication was not^ tuQ Duke's marriage but tkat kis Ministers wanted to get rid of kim for otlier misdeeds. Had it been necessary for us to proceed in tkis action, we skould kave bcen in a position to call persons occupying kigkly responsible posts wko could have skown tkat tkere was no sort of foundation for tke suggestion tkat tke proposed marriage was used as a mere jgxcuse to get rid of a monarck wko kad skown kimself unsuitable in otlier respects. "It is said in tke book tkat the Duke of Windsor kad at times recourse to otker sources of courage," Sir William added. "It is utterly untrue to say tkat at any %time ko was giving way to drink. "The book went on to deal ivith suggestions as to wliy kis Ministers want- [ ed to be rid of kim— tkings left undone | — duty neglected — papers keld up — papers curiously and neo-Kaiserishly annotated — muddling — fuddling meddling— tke day witk Ataturk— tke day in Atkens. Gossip or not, tkcrc is no trutk wkatever in tkese suggestions." Mr Yalentime Holmes said ke was instrueted by Wm. Heinemann, Ltd., to make a sincere and kumble apology to the Duke of Windsor for tke publication of tkose parts of tke book of wkick ke complained. Tkey kad pUblished tkp

book believing it was a valuable review of an important period in contemporary history, recording tke reactions of ordinary people to great events witk wkick tkey were imperfectly acquainted and recording, too, current Tumours witkout wkick tkose ractions could not be understood, Autkor 's Apology Sir Harold Morris, K.C., for Dennis, tke autkor, said tkat Dennis wished most whole-heartedly to apologise and express kis sincere regret for tke pain ke had caused the Duke of Windsor. Dennis wished to emphasise that his intention in writing tke book was not to give currency to false and libellous rumours but, as a kumble admirer, to" diseredit tkem. Tke Chief Justice, Lord- Hewart, in consenting to tko withdrawal of the action, said: "In my opinion it is remarkable tkat any man skould kave permitted kimself and any publisher to publisk fo-ul, cruel libels of the subjeet matter in tke action. Tkere is not even on the pleadings any attempt to allege tkat ke libels are true in subjeet or fact. Tkese partieular libels, a jury might think, appear almost to invite a thoroughly efficient korsewhipping." Stating tkat Teluctantly and hesitantly ke allowed tke action to be withdrawn, tke Ckief Justice observed: "It might well be tkat a criminal prosecution will follow. I don't know."