“TRUTH” SUED

Grey River Argus, 21 November 1944, Page 3

“TRUTH” SUED

Y.M.C.A. CLAIM £5OOO Alleged Libel on Rooms WELLINGTON, Nov. 20. The hearing of a claim, by the Young Men's Christian Association, Wellington, against "Truth’' (bLZJ Ltd., and the publisher, William Calder tor £5OOO damages for alleged Hoel, commenced in the Supreme Court to-day before Chief Juscice Myers and a jury of 12. Tne claim is based on an article published ,n "Truth” on August 23. Mr Mazengarb is appearing for the Y.M.C.A. Mr H. F.*u'Leary, K.C.. with him Mr J. H. Dunn, appears tor the defendant company, and Mr G. G. G. Watson for Crisp. The statement of claim set out that the article made a number of allegations of gambling until all hours oy youths in the Y.M.C.A. rooms; insanitary state of some of the lavatories and washing rooms; inadequate breakfasts . for growing boys; comfortless ill-ventiiated bedrooms; petty thieving and lack of interest in the welfare of he boys; and claimed that all those factors were contributing to make the Y.M.C.A. a hotbed of discontent. The words in each instance, the statement of claim continued meant and were understood by readers of “Truth” to mean that, by permitting the alleged conditions to exist in its building and in the conduct of its boarding establishment, plaintiff,, as an institution dependent for its financial assistance and support on contributions from the public, had acted in an unjustifiable and discreditable manner and had so betrayed the trust reposed in it by its supporters as to be unworthy of public confidence. The statement of defence in both cases denied the allegations in the claim, and contended that, so far as the words complained of consisted of statements of fact, they were true in substance and in fact; and that, so far as they consisted of expressions of opinion, they were fair comment, made in good faith and without malice, upon facts which were a matter of public interest, and that the plainmaintenance and support on public tiff was dependent for its financial contributions. A further and alternative defence was that no action for defamation lay against defendants. P.A. WELLINGTON, Nov. 20

In the Y.M.C.A. v. “Truth” case opening the case for the plaintiff, Mr. Mazengarb read to the jury the article of which complaint was made, stating that it was divided into 21 paragraphs. In only one of those paragraphs was there a statement even approaching the truth, one in which it was stated that parents sent their boys to the Y.M.C.A., expecting that they would be well cared for according to Christian ideals of the Association. The pith of libel lay in the headline of the article. This was “Y.M.C.A. Disgraces Founders' Ideals.” Mr. Mazengarb detailing special arrangements necessitated by the war said that servicemen had to be accommodated in every available spac e in building and church halls. This gave rise to a cleaning difficulty because of a lack of staff. The Army authorities provided five men to do the cleaning of such of the portions as were given over to troops. Counsel said “To work in accordance with the ideals of the founders, it was impossible to do less, but with the available accommodation and resources ot staff it it was impossible to do more." Flp said that in these circumstances a small group of the residents had resented having to' share their normal accommodation with soldiers. They were not satisfied to make complaints to the Board of the Institution. They told their story to “Truth,” ana “Truth” had told it to the public. Its publication had prejudiced an appeal which the Y.M.C.A. was about to launch at the time. It had to be withheld, and the present action was

sfarted Readers of the article would withhold donations. After publication of the article, residents of the hostel held a meeting and passed a resolution against th e statements. One of the boys, who went to “Truth" had asked to move the resolution because a “Truth” reporter had twisted his story In reference to the complaint in the article about insufficient meals for growing youths, there had formerly been 21 meat meals a week* but since .meat became controlled, four of the breakfasts had been meatless, but any of the youths engaged in heavy manual work, got meat on those occasions. Mr. Mazengarb referring to the allegation in the article that boys were sleeping three and four in a room, and that the rooms were comfortless and ill ventilated; Mr. Mazengarb said ther e had been four double rooms in the building which were not provided with windows. • Partitions were taken down between them and other double rooms, thus making two rooms with four beds in each.

In regard to the charge of petty theiving, he said, each resident had a key to his room. If he did not keep his door locked, or if he left his hat or coat downstairs, it must be expected that they might disappear. There was no lack of interest in the welfare of the boys as alleged in the article. Rev. Grigg was specially appointed to supervise and assist youths. In reference to alleged dirty conditions of the duckboards, and to nails sticking up from them, there had been no lack of cleanliness but. on examination, one duckboard had been found to be broken with a nail head sticking up. The article had said that it was the exception to find a cup which was really clean and not cracked, but a sanitary’inspector had found only one chipped in 100 that he inspected. In respect of the alleged stench from the sanitary bins anfi. thousands of flies alleged to be present in the summer time, Mr. Mazengarb said that it was a wellknown fact that there had been a breakdown in the city’s rubbish collection arrangements last March. Every institution in the city had experienced it. Perhaps one of the most serious of the allegations was the charge of lack of interest in al boy who had been ill in his bed for two days. The facts were that this boy normally worked at night, and was accustomed to stay in bed all day as a consequence. The Matron’s inquiries as to boys in bed away from work did not disclose this particular case. The Matron saw him after he had been in bed for three days, when he said he was all right. The following morning the Matron went to see him. He had then apparently, gone to a friend’s home. Fie was seen later by the organising secretary. He had stated he had no complaint to make against the Y.M.C.A. Evidence was given for the plaintiff by Len J. Greenberg, a former prominent Y.M.C.A. official concernin gideals of the institution. Edwara Charles Alexander (Chief Sanitary Inspector of Wellington City Corpoiation), Joseph M. Dawson architect), and Ernest M. Morns (plumber) gave evidence that the condition of the building was satisfactory. The hearing will continue to-mor-row.