LIBEL ALLEGED

Evening Post, Volume CXXXVIII, Issue 129, 28 November 1944, Page 6

LIBEL ALLEGED

Y.M.C.A.'S CLAIM

f ACTION AGAINST "TRUTH" 'The case for the defendants, "Truth" (N.Z.), Ltd., and William Calder Crisp, publisher of that paper, in the action brought by the Wellington V.M.C.A. for £5000 damages for alleged libel, was commenced in the Supreme Court yesterday afternoon. Counsel for the defendants made application for a nonsuit, on the ground that the association, being incorporated under the Incorporated Societies Act, and being a non-trading corporation, couid not sue for defamation. The Chief Justice (Sir Michael Myers), while remarking that interesting and perhaps difficult questions of law might be involved, declined to non-suit at that stage of the hearing.

* *v \r9jr Mazengarb is appearing for the V.M.C.A., Mr. H. F. O'Leary K.C., and with him Mr J. H. Dunn, for the defendant company, and Mr. G. G. Watson for Crisp. There is a jury of twelve.

Continuing her evidence when the Court resumed in the afternoon, Lina Good, matron at the V.M.C.A., stated that she had visited Cross on two occasions at Kelburn* after he had left the V.M.C.A. for the home of a friend Mr. O'Leary: Did you tell Cross that Goddard had said he had notified you on Saturday that Cross was ill?_Yes. I told him it was quite incorrect. Did Perfect, Cross's room-mate, 'ask yOU, J OII the Sunday morning if Cross w! wh^X e t someli hing H Sht for his breakfast?—l don't remember Bob Perfect speaking to me about it. Witness said she did not tell Perfect to luie.up m the ordinary way at the cafeteria counter and get a meal for U.oss, nor did she, when Perfect was passing her later, ask how bad Cross was.

To Mr. Watson, witness said that she did not see Cross till the Monday evenlEf; n a,ssistan t matron had known that Cross was ill on the Saturday m?™ in% but. she thought he had a C°S an,d did not go up to see him The defence opened with half the allegations made in "Truth's" article ca?7prf d °h Ut °Lthe^i°} lths of witnesses called by the V.M.C.A., said Mr O'Leary. The case was of great importance to the Y.M.CA. and ™o *i rY £ ,*and its Publisher. A great VMrh! d ee2 ! aid about what the V.M.C.A stood for, what it had done S£ 2M d-° in l he future' but that was not the issue before the iurv the issue .was whether the facts alleged in c i rtJf le rr Wer- e true and the comment justified. The jury was not concerned with what the V.M.C.A. had done for soldiers,, but if,, through doing more for soldiers, than the premises and staff enablec^them to do, they had neglected the young civilians who resided in the premises, their action was open to criticism The article complained of by the V.M.C.A. was written on behalf of young men, 17, 18, and 19 years old, who were away from home and hying in the city for the first L m67^ uys wi^ h good aPPetites who !«* £? ve utheil; a PPetites satisfied and youths who when sick had a right to expect consideration and attention. The writing of the article, he said, had already brought about improved condibons for those boys. "Truth" had received a series of com.plaints, about,..-,, conditions at the V.M.C.A., culminating in a letter signed "Airman," said Mr. O'Leary An experienced member of "Truth's" staff was assigned to make an investigation and an inspection if possible. Lane, the reporter in question, arranged with one of the boarders to be shown over the building; he did not ask permission of the authorities because he might have been refused perniission and because the building might m that event be otherwise than it would normally have been. Lane could not, of course, himself ascertain the facts as regarded food, gambling, or thieving, but had to rely upon statements from various residents. The facts as to the illness of young Cross Lane had verified from Cross. ADEQUACY OF BREAKFASTS. Discontent with the food had' been of long standing, said Mr. O'Leary: there had been complaints both about quantity and quality before rationing came in. No returns had been allowed until very recently. The complaints were not only about inadequacy of rationed foods, but of not enough of other foods. In March the residents had written to the management about breakfasts, but nothing came of it, except that they could get some cheese if they asked for it. Since the article was written more milk could be had, returns" were allowed, and two portions of a breakfast food, instead of one, were given, so that some benefits had already followed upon the writing of the article. Other general improvements had also been made.' Gambling and thieving were questions of fact, Mr. O'Leary continued. Thieving had been proved out of the mouths of plaintiff's witnesses beyond question, and evidence would be given of gambling schools, once in the lounge at 4 a.m. and once in the foyer at 2 a.m. A DISSATISFIED RESIDENT. Clayton Godfrey Shaw, a journalist and a returned soldier on pension for disabilities, said that because of his physical condition and his hours of work, he had, through the president of the V.M.C.A. (Mr. Nimmo) sought accommodation at the V.M.C.A., where he stayed in November of last year and again when, after hospital treatment, he returned in February. He stayed till March, when he left because he did not consider the place clean and was not satisfied with the general conditions. His room was on the second floor; the lavatories were in a very unsatisfactory and unclean state and were frequently unusable. On that floor there were showers and hand basins. He had had reluctance in using the showers because of the slimy state of the duck boards; he never saw them put out to dry. The hand basins were my '« ■"£ had seen insects on them. • To, the Court: I cannot identify the insects, but they looked to me suspiciously like lice.'

The bath, on the next floor, was in such state that he would not use it and when he needed a bath went to the Railway Station. His bedroom, for which he paid 38s a week, was quite satisfactory. He did not consider that the breakfasts were adequate for growing youths. He had as few meals at the V.M.C.A. as possible. Except on Sunday mornings tablecloths were "invariably soiled, except for portion of the dining-room which was roped off. Cups were not properly cleaned. Witness gave evidence about offensive garbage drums in the alleyway. There was not, as far as he could see, any effective supervision about the building except for the ordinary running of the place during the daytime. There was a general undercurrent of discontent. Before leaving the V.M.C.A. in • March witness told the general secretary that he was leaving because of the generally unsatisfactory state of the place. He had been to the Health Department earlier with another resident, but he did not know what eventuated from that complaint. Replying to Dr. Mazengarb, witness said that he went back to the V.M.C.A. after hospital because he was forced by circumstances to go there. Hamblyn and Cross were fellow-workers with witness, but he did not see much of them. Witness denied having complained to the general secretary about having to wait in line with soldiers or ever having suggested that soldiers should not use those parts of the building normally used by residents. Asked how often he had seen insects on the wash-hand basins, witness said that he had ?een them once or twice. Once there were two insects that he took to be lice.

Do you blame the V.M.C.A. authorities if on one occasion or two someone left two lice on a washhand basin? — I cannot say that I do. HIS HONOUR'S QUESTIONS. He had not, he said, in answer to further questions, made complaint or representations to the mangement; and in answer to his Honour said that he had obtained his room through Mr. R. H. Nimmo, whom he had met in the course of his work. His Honour: Would it be fair to say that you obtained a room through the friendly offices of Mr. Nimmo?—Yes. Did you' know that he was president of the association?— Yes. You have told us that the conditions at the V.M.C.A. were unsatisfactory and insanitary during your first stay? —Yes.

Do you not think, Mr. Shaw, that the proper course—seeing that you had

got into that place through the friendly offices of the president—would have been to go to him and tell him what the conditions were like?—l did not wish to hurt his feelings. Do you not think you would hurt his feelings much more by going to somebody else?—No, I do not think so

Just think a moment, what are the ordinary obligations of one man to another, especially to one who has helped him. It does seem extraordinary, that you did not go near him. After your first sojourn when you told us you found conditions insanitary and unsatisfactory you go there again and you do not go to tell the one man who has been helpful to you and the one man who could best assist in putting things right.—l had no special reason for going to see Mr. Nimmo.

His Honour: I think the ordinary person will probably disagree with you.

Trevor Harry Vine, a press operator by trade, said that he had stayed at the V.M.C.A., as a serviceman and after discharge as a civilian, from August, 1943, to July last. He had stayed in the basement; conditions were unsatisfactory and dirty, for the soldier porters had not time to get round. The atmosphere in the basement was bad; the floor was damp. He wotild not use the shower block in the basement because conditions were filthy: he used a shower upstairs and went to the Railway Station for a plunge bath. The ventilation was bad; the smell of garbage in the alley was noticeable in the basement.

Witness said that he found the breakfasts insufficient. He frequently went out for breakfast. No returns were allowed. The cups were not clean. Garbage in the alleyway caused annoyance.

He had never gambled, but he had seen gambling in bedrooms and in the lounge—twice in bedrooms and practically every night in the lounge, as soon as the lounge was cleared. There was general discontent among the residents about the food and the conditions and particularly about the matron.

Vine said that he went to the Health Department with Shaw in March. He left the V.M.C.A. in July. . Hs noticed an improvement in meals for residents for about three weeks after the visit to the Health Department; it lasted about a month, and then died off.

To Dr. Mazengarb, witness said that he had been asked to leave the V.M.C.A.; he had been accused of gambling and of causing trouble, but that was cleared up. Did the matron speak to you about being down in the lounge late at night?—No, but I was down in the lounge late.

Witness said that he had given a solemn assurance to Mr. Wills that he had not gambled. The secretary, the matron, and other officials were trying to stamp out gambling. Those who admitted gambling left or were told to go. He had several times been in the lounge at 1 a.m., when he had gone down to scan the morning paper. He was still in arrears in his room rent.

Asked why he had gone back to stay again at the V.M.C.A., Vine said that he had nowhere else to go; he could not afford to pay more. Since he had left the Y.M'.C.A. to stay elsewhere he had been refused admission to the building.

To Mr. O'Leary, witness said that he had left the V.M.C.A. of his own accord.

To his Honour, witness said that he had seen the same vegetables lying in the alley for up to three days, with coke, garbage, and all sorts of things. Was there not a delivery of vegetables every day?—l could not be sure.

To further questions, witness said that he could not give the names of those in the poker school in the lounge nor of players in a bedroom, except that one was a Maori who had left the V.M.C.A. * •

Paul Cleveland Savage, an airman, said that he had stayed at the V.M.C.A. from February, 1943, to March, 1944; he joined the Air Force in April. He had lost 10s and a fountain pen on the first day he was there. One of a bedroom poker school had lost a wallet containing £6. He had been one of the poker school, of 10 to 12, which had generally played in two smaller bedroom schools till the early hours of the morning, and on occasions right through the night. He had seen gambling in the foyer lounge on two occasions. He did not know whether the secretary of the V.M.C.A. knew that gambling was going on, he saw no active steps taken to stop it.

He found the meals inadequate.

To Dr. Mazengarb, witness said that he had undertaken when entering the V.M.C.A. not to gamble and had been well aware of the rules against it. He had gone to the V.M.C.A. because he could not obtain other accommodation; it was a case of having to.

Did you have a holiday last Christmas? —Yes, Mr. Wills arranged . . .

You had no money and you had no place to go?—I was supposed to work over Christmas, and I could have gone to some friends at Hamilton.

And the V.M.C.A. arranged for you, without any cost to yourself, a fishing holiday at Taupo for ten days?— Yes, Mr. Wills arranged it.

That was not a case of having to? — It was a case of a good opportunity.

So that giving generously was one way as far as you were concerned?— That was one thing they did for me.

David Leon Thomson, a draughtsman at the Army School, with the rank of sergeant, said he had at times stayed at the V.M.C.A. as a serviceman, in the basement and gymnasium. The lavatory accommodation was inadequate for the number of men, and appeared beyond the capacity of the cleaners tp keep clean. He was there at a very busy time, and the handbasins were always very dirty. To Dr. Mazengarb witness said that his visits to the V.M.C.A. coincided with the influx of Americans and shipping, when men were sleeping in church halls and on tables and chairs. He was sure that the V.M.C.A. did their best to accommodate the troops, but they could not really contend with the cleaning, they were so fearfully busy.

L.A.C. Mervyn Desmond King. R.N.Z.A.F., said that he had stayed at the V.M.C.A. both before going overseas in January, 1942. and since returning in February, 1944. The dormitories for servicemen were generally untidy, the hand-basins were dirty, and the lavatory upstairs was' very dirty, with broken beer bottles in it. He would not use the showers because of their condition; he used the handbasins only. The place was littered with rubbish thrown down and had the appearance of not having been properly cleaned. Since his return to New Zealand he had found an improvement in the upstairs dormitory; recently it had improved tremendously.

Raymond Vincent Phillips, a warrant officer, Ordnance Depot, Trentham, said that since November, 1942 he had stayed at the V.M.C.A. at least 20 times, generally in the basement. On half a dozen occasions the lavatory was blocked. T.he surroundings were dirty anc. untidy, but he took it that because of shortage of staff they would be attended to on the Monday. On one occasion, when there was a shortage of accommodation, one basement floor was covered with waterat other times there were patches of water. Upstairs, on the second floor, the conveniences were quite goodnaturally there was untidiness, but that was to be expected.

(Proceeding.)