LIBEL ACTION

Press, Volume LXXIX, Issue 23946, 13 May 1943, Page 4

LIBEL ACTION

MAYOR OF WELLINGTON SUED LETTER TO SUPERVISOR OF SERVICES CLUB (P.A.) WELLINGTON, Mhy 12. The Mayor of Wellington (Mr T- C, /. Hislop), chairman of the Welling* ten Metropolitan Patriotic Committee, was sued in the Supreme Court to-day by Miss Myra Cohen for £5Ol damages ior alleged libel. The action was founded on $ letter allegedly dictated by the defendant to an employee of the committee on February 5, and falsely and maliciously published to the honorary secretary (the Hon. V. A. Ward), and the honorrry treasurer (Mr Peterson). The letter. which yas over Mr Ward’s signature, and addressed to the plaintiff, then supervisor of the Combined Women's Services’ Club, referred to the acceptance of her resignation, and proceeded: “He further directs me to say lhat had the resignation not been sent in, you would have been dismissed for your misconduct. The chairman directs that you are required to vacate the premises immediately. As the chairman understands that you are unable to get into the room you have arranged for until Monday, he has directed me to say that you may obtain accommodation in some suitable hotel or boarding-house until Monday at his expense, and further directs me to advise that this action is taken purely on account of your apparent state of health, and for the same reason I am directed to send you herewith one week’s salary.” Plaintiff claimed that the letter me:nt that the plaintiff had been guilty of dishonest, immoral, and dishonourable conduct, and was unfitted for her duties, and would have been dismissed for such gross misconduct had she not resigned- Plaintiff further claimed that she had been brought into public scandal and contempt. The defence disclaimed the defendant's responsibility for the letter, denied that the words were intended to convey the meaning complained of, or were capable of such a meaning, and claimed that they were in their ordinary meaning true, and were fair comment on a matter of public interest, and were used on a privileged occasion without malice. The publication to Messrs Ward and Peterson was a duty to them by virtue of their offices. The defence also stated that the defendant’s solicitors had informed the plaintiff’s solicitors that the defendant had unreservedly withdrawn the words and apologised for using them. He had intended to refer solely to the plaintiff’s discharge of her duties as an employee of the committee. He had offered to publish without comment, and at his own expense, the correspondence between the respective solicitors. The defendant now repeated his assurances and claimed that his withdrawals ana apologies not only mitigated the damages but that the plaintiff could not have suffered any damage whatsoever, Evidence was given by two servicewomen as to the c xcellent way in which Miss Cohen had run the club. In cross-examination, one said she did not know that the reason why Mrs Hislop was running the club on a day an official party visited it. was because Miss Cohen had refused to have anything to do with the preparation of a fuller menu which was offered from that date. Clerk s Evidence Evidence as to taking down a letter over the telephone from Hislop was given by Ethel Jean Riddick, a clerk in the office of the Metropolitan Patriotic Committee. She said she was present at a meeting of the committee on February 15, when the letter was read, and she was instructed to reply to Miss Cohen that her letter had been received and read. Hislop had voted against setting up 3 sub-committee to investigate the position, and told the committee that the letter was not actionable. Evidence of hearing part of a conversation between the defendant and the plaintiff, carried on through (he iaoor of the defendant’s room on February 6, was given by Leslie Charles Sverison, a building custodian. He heard references to Miss Cohen being

put out by Hjslop. Defendant said Miss Cohen had no right to be on the premises. She was .no longer an employee of the club, Me heard Hislop say that if she was not off the premises oy 12 o’clock he would have the floor opened and have her removed. He , heard nothing rude or offensive, r) / Mrs Elizabeth Kidd described event# 'f when Hislop was at the dub onJfeW ( ruary 6- She heard him shouting: “IkY ceil y°ur bluff, you creature, YM get out of this club. I have a raw coming at 12 o'clock tq take Off *IIS lock, i’ll throw you into the street.' She heard him shouting into the tew* phone upstairs in the clubroom: “Get off that bloody telephone." She heard that from Miss Cohen's room. John William Andrews, a member of the Metropolitan Committee, sum there \sas no record of any dissatis' faction by the club against the way me club was run. The question of her resignation was never considered W the committee until after February a. Miss Cohen’s case was never stated t° the committee, though he had mad? repealed efforts to get this doneVincent Ward said that in January this year it was considered that the club was getting poor support fro" 1 the girls in the forces, and this was discussed,by the hostel committed A proposal to institute fuller meals lW fl been approved by the aoting«chajrraa“ of the hostels committee. Attendances nad been considerably more since M ls * Cohen left,