TEACHER CLAIMS £5

Sun (Auckland), Volume III, Issue 670, 23 May 1929, Page 1

TEACHER CLAIMS £5

DAIRY MANAGER SUED FOR LIBEL IMPROPER CONDUCT ALLEGED Claiming that his character had been falsely and maliciously libelled by a letter sent to the secretary of the Auckland Education Board, Laurence Topping Donaldson, formerly head-; master of the Motukaraka School and , now of Opua, continued his claim for i £SOO damages against Leonar.d j Samuel Barren, dairy factory man-1 ager at Motukaraka, and chairman of i the school committee, in the Supreme ' Court before Mr. Justice Kennedy and ' a jury today. The communication which formed the basis of the action, allegedly forwarded to the board about September 10, 1928, by Barrell, stated: —“I have to report that Mr. Donaldson, head teacher, has on various occasions interfered in an improper manner with the clothing of my two daughters.” George Harding, who was chairman of the school committee for 19 years until the 1928-29 election, testified to the good relationship existing between Donaldson and himself. In 1924 Barrell had complained to him that Donaldson was “a ‘dud’ teacher and one of the worst in the board's service.” Barrell would not, however, make any complaint to the committee of which he was a member. E. C. Purdie, late secretary of the Auckland Education Board, said that when Barrell visited the board’s office in June he was bitterly hostile to Donaldson, and had endeavoured to disparage the headmaster. John Maxwell, a farmer, said that Barrel! made grave charges to him against Donaldson and predicted he would go “sky high.” The principal witness today was the defendant, Leonard 1 S. Barrell, who was formerly dairy inspector attached to the Department of Agriculture. He was elected chairman of the school committee in April last year. He admitted sending Donaldson a message requesting the caning of a girl, who had attempted to yide down his daughter. He approached Donaldson, who showed resentment of his interference and the incident rankled in witness’s mind. He refuted the suggestion that he and Donaldson had a heated argument at the settlers’ meeting in 1927, or that , the chairman had to stop the altercation. BELIEVED ACCUSATIONS He admitted writing to the Education Board under the committee’s instructions complaining of Donaldson’s conduct and asking for an inquiry. He denied that he had shown hostility to Donaldson. Toward the end of February last year some residents had made serious charges of improper conduct by Donaldson toward their children and his own girls then made accusations against Donaldson. He flatly denied telling Harding that Donaldson was one of the worst teachers in the board’s service, or that he was 0 liar. He believed entirely the charges made by his daughters against Donaldson and. in forwarding the accusations believed in the truth of the statements. He had no desire apart from the complaints to have Donaldson removed from the school. Under cross-examination he admitted that he wanted Donaldson removed, as the teacher had accused him of making a charge against him to the Education Board. Mr. Johnstone: Do you say that Maxwell told lies in relating your conversation with him?—Yes. And Purdie’s statement that you tried to disparage Donaldson is also 3 And the evidence of Harding is also a falsification?—Yes, most of it. Mr. Johnstone: Do you suggest that Donaldson interfered with the children? —no. I don’t think so. Well, if you didn’t believe there was anything immoral in his actions, why didn’t you apologise?—Why should I publish my name through the Press? You were not asked to do that, but apart from a notice in the Press, would you have made an apology?— No, I don’t think so. It was improper. You would not make an apology now? —No. A girl aged 16 stated that she attended the Motukaraka School for two years until the end of 1924. She declared that on several occasions in 1924 Donaldson had called her to his desk while correcting arithmetic papers and had interfered with her clothing. He had also sat in the same desk with her overlooking her work, and acted similarly. She had never complained to her parents until she had been interviewed by the police last year. She showed her resentment of these actions by not standing close to Donaldson, but he could not instruct her at such a distance, so he slipped his arm round her. A 14-year-old sister detailed similar acts she alleged Donaldson had committed. (Proceeding.)