£5000 DAMAGES

Northern Advocate, 7 November 1934, Page 5

£SOOO DAMAGES

SIR 0. MOSELEY SUCCEEDS “STAR” NEWSPAPER LIBEL. A COSTLY EDITORIAL. [United. Press Association—By Electric T elegraph. — Copyright! (Received noon.) LONDON, November 6. Sir Oswald Moseley, leader of the British Fascist Party, was awarded £SOOO damages, with costs, against the “Star,” a London paper, for libel. The suit was based on a section of a leading article in the newspaper, stating: “Sir Oswald Moseley warned Mr Maxton that he 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 mere suspicion that he might say something ten times less provocative than Sir Oswald Moseley’s words.” The defence was that the words were substantially true and were fair comment. The case was heard before Lord Hewart ’and a special jury. Sir Patrick Hastings, for Sir Oswald Moseley, pleaded that the words meant' that his client was prepared to take over the Government by force and had said something worse than what some man was imprisoned for. The Chief Justice refused a stay of declaring; “If you want a stay you must go to the Appeal Court. I entirely agree with the jury’s verdict.” In summing up, he said: “The defence plea is in effect liberty of opinion. This liberty would become a strange and fanciful thing if it meant we are only prepared to listen to those agreeing with us. Toleration of free speech only begins when persons listen decently and fairly to opinions with which they profoundly disagree.

“The ‘Star’ writer had not even seen the full report of Sir Oswald Moseley’s words when he wrote the leader complained of. JDid not th*e ‘Star’s’ words mean that Sir Oswald Moseley had been guilty of a criminal offence? Did not Mr Norman Birkett’s suggestion that the case could be met t with a farthing damages mean that Sir Oswald Moseley was a worthless person, and would not that be adding insult to injury? “There is still upon record the defendant’s plea that the 'words were true. If you find for the; plaintiff you are entitled to award such a sum as would not only compensate for the injury done plaintiff, but would mark your sense of .that type of journalism.”