LANG INDICTED.

New Zealand Herald, Volume LXIX, Issue 21086, 21 January 1932, Page 9

LANG INDICTED.

NEW GUARD LEADER. EXCEPTION TO SPEECH. SEQUEL HEARD IN COURT. KEEN PUBLIC INTEREST. LAWYERS AT VARIANCE. By Tolesri'apli—Press Association —Copyright. (Received January 20, 11.45 p.m.) SYDNEY. .Tan. 20. A vast, crowd fought for admission to tlie Court to-day when Colonel Eric Campbell, leader of the New Guard, appeared on summons, served at the instance of the Government, to answer a charge of using insulting words regarding the Premier of New South Wales, Mr. J. T. Lang, in a spoech last week. Only a small proportion of the crowd succeeded in securing admission. The statements complained of in the charge included the following references to Mr. Lang:—"A nasty tyrant and a scoundrel," "A buffoon at the head of affairs," and "the hated old man of the sea." When Colonel Campbell was before the Court on Friday an adjournment was granted, as only 36 hours had elapsed since the summons was served. Mr. Lamb, K.C., counsel for Campbell, asked for a further adjournment today, declaring that' there had not been sufficient time to prepare a defence worthy of such an occasion. Counsel added that a vital principle was involved —the right of free speech, the right of every citizen to criticise the acts of a public man. " Disgraced His Position." "We are entitled to show," said Mr. Lamb, " that the Premier of this State has disgraced his position in every way, that he has lowered its dignity and injured its credit, that he has worked to bring about a Communistic State, and, above all, that he has defaulted. Everyone knows this, but. you, as magistrate, you do not know it." The Magistrate, Mr. J. W. M. Laidlaw: Assuming your statements are true, how would you be entitled to go into the evidence to substantiate matters of that kind ? Counsel: Most decidedly I would have that right. A public man has defaulted and holds his position by false pretences. That being his character, we have every right to criticise him, just as numberless others are doing. Even the Prime Minister of Australia, the Rt. Hon. J. A. Lyons, has described Mr. Lang as an incubus. We have likened him to his own farmyard bull. It may be an insult to the bull, but I do not think it is an insult to Mr. Lang. Counsel pointed out that he also intended to submit that the summons was bad, because it did not specifically state who had been insulted. He contended that the person insulted must be present at the time the words complained of were used. Mr. Laidlaw replied that it did not seem necessary to prove to whom the remarks were insulting. Plea of Justification. Mr. Lamb argued that if Mr. Lang had been insulted, then let him come forward so that he could be cross-examined. No offence had been committed unless someone had been insulted. Who was that someone ? Mr. Lamb continued to argue that every word uttered concerning Mr. Lang was justified. Indeed, far worse things were being said about him by others, and counsel desired to bring evidence to that effect. The magistrate refused to grant an adjournment. Mr. Sheahan, who appeared for the prosecution, said the police took action for good reasons, which he was not disclosing. He added that there was such a thing as the prevention of disorder when arrogant persons set themselves up in positions to which they had no right or title. A police shorthand-writer, Sergeant Alexander Lendrum, gave details of Colonel Campbell's speech at the Lane Cove picture theatre on January 11, in which many references were made to Mr. Lang. Witness described the utterances as insulting. Suggestion by Magistrate. During cross-examination, Sergeant Lendrum said he had not attempted to verify Colonel Campbell's statement that the Premier was a scoundrel. He was also not concerned as to whether Mr. Lang was a defaulter, whether lie had broken his pledges, or whether lie had appointed scoundrels and criminals to the public service. The magistrate suggested that Mr. Lamb should be more careful regarding the words he used about the Premier of the State. Mr. Lamb: I shall be very careful if 1 cannot prove my words. 1 submit that scoundrel is a very mild word in this case. Air. Sheahan: These cowardly attacks on the Premier should not be tolerated in a British Court of Law. After other similar exchanges the hearing was adjourned.