TO CLEAR HIS NAME

Sun (Auckland), Volume III, Issue 669, 22 May 1929, Page 1

TO CLEAR HIS NAME

Headmaster Seeks £SOO in Libel Action

DAIRY FACTORY MANAGER SUED

STARTLING charges against the character of Laurence Topping Donaldson, formerly headmaster of the Motukaraka School, allegedly made by Leonard Samuel Barrell, chairman of the school committee, formed the basis of a remarkable libel action commenced in the Supreme Court before Mr. Justice Kennedy and a jury today. Damages claimed totalled £SOO. Motukaraka is a little country village situated on the northern shore of the Hokianga Harbour, opposite Rawene. The principal institutions arc the school, which lor eight years up to last month was presided over by Donaldson, and the dairy factory of which Barrell is manager.

The basis of the action was a letter allegedly published by Barrell on or about September 10, 1928, to the secretary of the Auckland Education Board containing the following words: “I have to report that Mr. Donaldson, head teacher, lias on various oc- j casions interfered in an improper manner with the clothing and persons of my two daughters, Gwendolene and Muriel.’* Mr. A. H. Johnston, with him Mr. Butler, appeared for plaintiff, and Mr. J. Sullivan, with him Mr. Prendergast, for defendant. “Among those things which the law of England and New Zealand holds sacred is a man’s right to his property, liberty and reputation,” declared Mr. A. H. Johnstone, in opening the case for the plaintiff. A man’s fair name must be jealously guarded, tor if a man, by no fault of his own, lost his name and reputation, no wealth could regain it, and he would be the object of the scorn, ridicule and contempt of his fellows. “Having stuck his knife into Donaldson,” asserted counsel, “in- | stead of withdrawing it and endeavouring to heal the wound, he j pushes it in further and gives it I an extra twist. Therefore Donaldson came before the jury so that he could lift his head once

more and look bis fellow citizens in the face.” GIRL EXPELLED Laurence Topping Ponaldston elated he had been headmaster of the Motukaraka School from October, 1920. There had been two women teachers engaged at the institution during the latter part of 1928. He was uncertificated on taking up the appointment at Motukaraka, as he left for the war in 1914, when still a pupil teacher, returning in 191 S. He accepted a temporary job at the school, but the appointment was subsequently made permanent. Mr. George Harding was chairman of the school committee until 1928. Barrell being a member for a couple of years from 1923, and was elected chairman last year. “In July, 1927, I expelled one of the senior girls. Ivy Beazley. She returned to the school that day and heatedly proclaimed, ‘Now that you have expelled me and have no more control over me, I am going to tell you what I think of you and your rotten old school/ n I simply took her by the shoulders and ran her outside, added Donaldson. On returning from the Christmas vacation, I heard rumours against myself, and wrote to the mothers of the two gils concerned, but I received no replies. Later I heard that a constable was investigating the affair and a detective interviewed me, but I heard ' nothing from the police. ' At the householders’ meeting, Mr. Barrell, who presided, was challenged by Mr. Harding to make his charges in public, hut Barrell said he would please himself. ; ACCUSATIONS UNFOUNDED Incidents that occurred between Burrell and himself were related by Donaldson. On one occasion Barrell sent one of the children to school demanding that a neighbour’s child should be caned. As he had ignored the request Barrell visited his lodgings the follow - ing morning, and heatedly threatened witness with violence and Court proceedings if he did not perform his duty. Shortly afterwards he had caned one of Barrell’s girls and he was subjected to abuse and threats of a thrashing. Later a violent altercation took place at a meeting in the Settlers’ Hail, and the chairman had to intervene. Further trouble arose over the condition of the conveniences at the school, and he was accused of writing to the Education Board over the head of the committee, and as a result a commiti tee made some investigations. Under cross-examination, he denied that the girl Beazley had accused him of tickling a girl’s legs. He admitted having offered to allow this girl co return under a promise of good behaviour to enable her to sit for proficiency. 1 Eight girls out of 30 had made accuse - j tions of improper conduct against him | at the inquiry. I Prior to this a complaint by Mr. Reisterer concerning an allegation of j indecent exposure had been investi- ! gated by the committee, and he had J been completely exonerated. Another girl who had made a charge against him had told the committee of inquiry she had been frightened into doing so by the girl Beazley. He emphatically denied all charges of handling girls improperly.