DAMAGES FOR EX-RECTOR OF STIFFKEY

Evening Post, Issue 45, 22 February 1936, Page 271

DAMAGES FOR EX-RECTOR OF STIFFKEY

Damages totalling £382 10s were awarded-at Manchester Assizes to.Mr. Harold Francis Davidson, ex-Rector of Stiffkey, in his claim against the Mayor, aldermen, and burgesses of Blackpool for alleged false imprisonment.

In the statement of claim, states the "Daily^ Telegraph," it was alleged that defendants maliciously and without reasonable or probable cause brought a charge against Mr. Davidson, alleging that while exhibiting himself at Central Beach, Blackpool, he attempted to kill and murder himself by fasting. . It was further alleged ihat the charge was a false one, and that Mr. Davidson had been falsely imprisoned. Plaintiff asked for special damages of £254, in addition to general damages. | The defence was a denial that defendants' servants or agents had acted maliciously or without reasonable and probable cause. Defendants further said that, if any charge was brought, they had acted in the bona fine belief that they were discharging a public duty. Mr. Davidson had been found not guilty at Prestion Sessions of the charge against him. The present action was before Mr. Justice Greaves-Lord and a special jury.

The jury was absent for two hours four minutes. On their return it was announced that, they had answered the questions put to them by the Judge as follows:

Did defendants in prosecuting plaintiff take reasonable care to inform themselves of the true state of the case?—No.

Did they honestly believe the case there laid before (a) the Magistrate who granted the warrant; (b) the Magistrate who tried the case?— No.

Were defendants actuated by any indirect motive in preferring the charge against the plaintiff?— Yes.

The Judge said that the jury had | given £107 10s special damages and £275 personal damages. On that verdict he must, rule that defendants did not honestly believe what they were doing, and that there was want of reasonable and proper cause. There would be judgment for plaintiff, with costs. Earlier in the day Mr. Trevor Jones, Deputy Town Clerk of Blackpool, replying to Mr. Hemmerde, for plaintiff, said he had Mr. Davidson arrested in his own interests. He thought he was a poorly man. Summing up, the Judge said Mr. DaVidson was labouring under a deep sense of wrong, and there was no reason to suppose that that sense was other than sincere. His Lordship referred to a letter of Mr. Davidson's, and asked if there was any other suggestion than this: "I am of the stuff that martyrs are made of, and I want to show the world that I am prepared to be a martyr for my conscience.

"Whatever they profess about the dignity and- solemnity of martyrdom," continued the Judge, "this is a commonsense country in which we do not allow such things, at the expense of human life, and a man of education knows that life in this country is considered to be sacred. He knows that, under the plea of martyrdom, he is saying he is prepared to do that which he must know perfectly well is contrary to the law of this country."

Referring to the steps taken by the Deputy Town Clerk, the Judge asked what would be the position of an executive officer, with power to act and prevent a scene taking place, if he refused to act and a life were lost, even if it were the life of a person who was misguided and" who conscientiously thought he was a real martyr. That was the responsibility the Deputy Town Clerk had to face.