DEFAMATORY LIBEL

New Zealand Herald, Volume LXIX, Issue 21377, 29 December 1932, Page 7

DEFAMATORY LIBEL

CANADIAN PUBLISHER GUILTY THREE MONTHS' IMPRISONMENT MONTREAL, Dec. 27 Sentence of three months' imprisonment was imposed to-day by the Chief Justice, the Hon. P. A. E. Greenshields, on James J. Harpell, publisher, who was found guilty Ity a jury on a charge of publishing a defamatory libel about T. B. Macaulay, president of the Sun Life Assurance Company.

Harpell gave notice of appeal and was granted bail of 6000 dollars. The statements complained of appeared in the magazine Journal of Commerce, and a book called Industry, Commerce and Finance.

Harpell was ordered to pay the cost of the prosecution. " Not a scintilla of proof was produced to prove this statement," the Judge 6aid, before passing sentence, in referring to Harpell's statement during the trial that Macaulay was a crook, thief and swindler.

Refei-ring to the published accusations, the Judge said: "There was no justification for the publication of this atrocious libel against a man who has occupied an honourable position in Montreal business for half a century. I want this sort of thing stopped." After mentioning that the jury had recommended clemency, the Judge said it was to the credit of. English law that vengeance had disappeared from it. The " eye for an eye " viewpoint had gone. Two things only now were considered in sentences. One was the remedial effect on the sinner and # the other was the protection of society. A man who published a defamatory libel' was a dangerous man.