Y.M.C.'S LIBEL SUIT

Evening Star, Issue 25344, 28 November 1944, Page 8

Y.M.C.'S LIBEL SUIT

EVIDENCE FOR NEWSPAPER DEFENDANT 0

(P.A.) WELLINGTON, Nov. 27. The evidence- for tiie Y.M.C.A. in its claim against Truth (N.Z.) Ltd., and the publisher, William Calder Crisp, for ±iS,(JOO damages for alleged libel was completed in the Supreme Court to-day. Counsel for the defence then moved for a nonsuit, but this was refused, and the second witness for the defence was giving evidence when tho court adjourned uutil to-morrq,w. The case is being heard before tho Chief Justice (Sir Michael Myers) and a jury of 12. Dr 0. C. Mazengarb is appearing for the plaintiff, Mr H. F. O'Leary, K.C., with him Mr J. 1:1. Dunn, for the defendant company, and Mr G. G. G. Watson lor Crisp. Mr O'Leary formally moved for a nonsuit on the grounds that the plaintiff, which was a corporation under; the incorporated Societies Act, had no cause for action for defamation. It was a non-trading corporation, said Mr O'Leary. and while a trading corporation might be defamed a 'non-trading association could not be. Mr Watson made a similar submis-

sion on similar grounds. His Honour said the case had now lasted nearly six days, aud if a nonsuit were granted and it turned out that it was wrong, a serious injustice might have been done to one side or the other. Ever since he had been on the Bench it had been his practice that unless it was clear that tho plaintiff had no cause for action he would not grant an application for a nonsuit. In the present case it was not so, and he was not prepared at that stage to agree with the contentions made by counsel for the defendants. After quoting iegail authority, the Chief Justice held that tho article was capable of a defamatory meaning and, that being so, the plaintiff had a competent cause of issue. He reserved the right to counsel to move further at a later stage if necessary. Opening the case for ihe defendant. Mr O'Leary said he was indebted to the course taken by the plaintiff in conducting his case and taking his evidence before placing on the de-

fence the onus of proving its allegations. "I am indebted," said Mr O'Leary, " because we start with half our facts proved out of the stiuuthb of the plaintiff's own witnesses." The Y.M.C.A. was, and still remained, a great institution, but the question to be decided was whether the Y.M.C.A. of Wellington in its control of its men's prenfises had failed to .act up to its ideals. The past history of the Y.M.C.A. had to he forgotten, and only the special questions involved in this case had to be decided. The great work done for soldiers had been featured. This was not denied, Imfc if through catering for the soldiers the management had failed in its attention to the interests of young civilians it had to accept the blamo and be subject to such criticism as might be justified. ' Truth's ' article was not written for the benefit of solfliers or for men of 25 to 40,'.but for the boy who needed adequate food, healthy surroundings, and supervision, and who should be guarded against vices and who in particular needed someone to take the place of his mother when he was ailing and sick. .'The real ossenee of the case was whether ' Truth's ' facts were correct and thu comment justified. Mr O'Leary outlined the facts of-the ease and mentioned that, while counsel for the plaintiff 'in his opening address had said that only one of the '.'l paragraphs of the article approached the truth, the defence said that the whole was not only an approach to the truth, but was the truth.

, Clayton Godfrey Shaw, a returned soldier of this war and a journalist, aged 37, gave evidence that he had stayed at the Y.M.C.A- for two periods, from the end of November of last year for about three weeks, and again from the middle of February of this year for about three weeks. He was to a large extent physically "unfit. He left to go into hospital in November of last year and had two operations. After recuperating at New Plymouth, .witness continued, he returned to thp Y.M.C.A.. and left again because he did not consider the place clean and was not satisfied with the conditions. The lavatory on the second floor was very unsatisfactory. It was in an vinI'lean state and not always usabie. On frequent occasions it was blocked. He was reluctant to use the showers. Tliev were'unclean and slimy.' If they had been cleaned, -it had not been done properly. He.never once- saw the duckboards put out to dry. He was equally reluctant to use the wash basins, as he had seen insects suspiciously like lice'on them. He. had tried to use a plunge bath on the next floor, hut found it in a dirty s.tate. He had gone to the railway station for his baths.' He had as few* meals at the Y.M.C.A. as possible. He did not-con-sider the' breakfasts sufficient for growing youths. The tablecloths in the dining room wore invariably soiled, except on the day they wcrv changed. Witness said ho had not complained to the authorities of the institution about these things, but had seen Mr Wills; the general secretary, and told him the reasons why he was leaving. Trevor Harry Vine, aged 20. Said he had been a soldier resident of the premises for periods in the months between August of last year and February of this year. He occupied a bed in the basement. The basement was very dirty, and the showers were slimy. The wasli basins were also very dirty. They were occasionally cleaned by civilians, but the soldier staff never seemed to have time to get to them. The basement smelt terriblv. and was very stuffv He never used the showers in the baseme.nt, but had had showers upstairs. He went to the railway station for his plunge baths. The ease will be resumed to-morrow