DAMAGES AWARDED

Manawatu Standard, Volume LIV, Issue 291, 7 November 1934, Page 7

DAMAGES AWARDED

SIR 0. MOSLEY’S ACTION

ACTION AGAINST NEWSPAPER

CHIEF JUSTICE’S DIRECTION.

(United Press Association.—By Electric Telegraph.—Copyriglit.l Received November 7, 9.50 a.m. LONDON, Nov. 6.

Sir Oswald Mosley wa s awarded £SOOO damages with costs against the Star.

The Chief Justice refused a stay of execution, declaring: “If you want a stay you must go to the Appeal Court. I entirely agree with the jury’s verdict.”

Summing up, the Judge said the defence in effect pleaded liberty of opinion. This liberty had become a strange and fanciful thing if it"meant we were only prepared to listen to those agreeing with us. Toleration of free speech only began when persons listened decently and fairly to opinions with which they profoundly disagreed. The Star writer had not even seen a full report of Sir Oswald Mosley’s words when he wrote the leader. Did not the Star’s words mean that Sir Oswald Mosley had been of a criminal offence P Did not Mr Norman Birkett’s suggestion that the case could be met by the award of a farthing damages mean that Sir Oswald Mosley was a worthless person? Would not that be adding insult to injury? There was still upon record defendant’s plea that the words were true. If it iound for plaintiff, the jury was entitled to award such a sum as would not only. compensate for injury done him, “but mark your sense of that type of journalism,” His Lordship said.

The claim arose out of a public debate last year between Sir Oswald Mosley and Mr J. Maxton, the Labour M.P. The action was based on a passage in a leader with the words, “Sir Oswald Mosley warned Mr Maxton that lie and his Fascists would be ready to take over the Government with the aid of machine-guns when the moment arrived. Mr Tom Mann was recently thrown into prison on the mere suspicion that he might say something ten times less provocative than Sirs Oswald Mosley’s words.” The defence was that the words were substantially true and fair comment.