"GLASTONBURY ROMANCE" LEADS TO LIBEL CASE

Evening Post, Volume CXVIII, Issue 96, 20 October 1934, Page 25

"GLASTONBURY ROMANCE" LEADS TO LIBEL CASE

A libel action concerning a passage in the novel, "A Glastonbury. Romance," by Mr. John Cowpor Powys/ described of Hillsdalc, Columbia County, U.S.A., was settled in Mr,. Justice Acton's Court in tlie King's Bench Division, says tho "Daily Telegraph."

Tho plaintiff, Captain Gerard William Hodgkinson, of Wookoy Hole Caves, Somerset, sued Mr. Powys and tho publishers and printers, John Lane (The Bodley Head), Limited, of Vigo Struct, WC, and Ebenezer Baylis and Son, Limited, Lndgate Hill., EC.

"By tho good sense of-all-the parties the easo had been settled on terms,'' Mr. .Norman Birkett (for the ■plaintiff) said. . :

'■ Thevo were some fastous eaves : in (Somerset —the Wookey Ho}» Caves— '• which were visited by thousands"; of people each year < from all' over - the 'world,- counsel continued. They had been in Captain' Hodgkinson^s family for at least three generation's.-. They 'were introduced into -tho ; book, and there was also a character called?. Philip Crow. Anybody .reading the book might identify—and in his (counsel 's) opinion would identify—Captain Hodgkinson with " Philip Crow."

■ The book spoke of the owner of the caves and of his aeroplane flight ■to them. Captain Hodgkinson was a distinguished pilot in the war, arid the character in the book could arid would, by ordinary readers who knew him, be identified with him.

"Tho point is that Philip Crow in tho book is n man of the most immoral and most depraved character," Mr. Birkett continued, "ajid a section of the book' dealt with the" actual seduction of his consiu in the cave itself. Further parts of the book deal with the visits of Philip Grow to a house of ill repute, and he is described, as the father of an illegitimate child, " ' ; "Captain Hodgkinson, I am glad to say, is happily married, and has been

for many .years. He is a distinguished man in the county of Somerset. He ;has been a member of the Somerset Cric : ket Club for many years, has hunted with all the famous .packs,: and ,-. has taken part in every kind of activity, public and social, throughout the" district." '

Mr. Birkett added that when it was brought to Captain Hodgkinson's knowledge that people were pointing him out as "Philip Crow," he issued a summons for. an interim injunction. But the defendants, very , properly,, as .one .would expect, undertook..that, there Jslibuldbe no republieation oS> thcbookl ■The printers paid him a ; substiflritial sum and made an unqualified'■■■ Withdrawal and apology, and the matter ended so far as they were concerned!

Discussions had taken place and terms had been agreed, -The other two defendants, were .paying a, sum ; indieat: ing their point of vie-ny,,which was satr ie£ aetoryi to, Captain'',Hodgkinson,, Bis purpose tibyei. had been .to claim heavy damages. Besides paying-this 'sum. the defendants -were paying Captain ; Hodg: kinson's costs and expressing regret;?•

They had agreed-that subsequent editions should contain a special .note headed: "Author's.statement and apology," pointing out that Philip Crow was an entirely imaginary ■■ character, They had also agreed to remove offend-, ing passages. ;- . : • • • : Mr. Valentino Holmes (for the author and publishers) said they were iimoeent of any intention to portray Captain Hodgkinson as "Philip Crow." It appeared now that it was quite possible to identify him by certain points, and as soon as their attention was drawn to that the book was withdrawn. ■ He expressed their deep regret; v-- •: Mr. B. Cloutman^'V.C./'for th» printers, also expressed regret, ■ ■■•■■'■■ '■■' ■ Mr. Justice Acton stayed all further proceedings, and ordered payment out of the sum in court.