LIBELLED BY EX-SECRETARY

Otago Daily Times, Issue 23691, 24 December 1938, Page 22

LIBELLED BY EX-SECRETARY

WOMAN'S SCURRILOUS ATTACK SUBSTANTIAL DAMAGES PAID (Fhom Oun Own Correspondent) (By Air Mail) LONDON, Nov. 24. How a woman left her employment as a secretary and then wrote a book in which she made a " scurrilous attack " on her employer, was described to Lord Hewart in the King's Bench Division. It was a case in which Mr Cesar Saerchinger, of Queen Anne street, W„ brought a suit for libel, and it was stated that the defandants—Messrs Wyman and Sons, Ltd., of New Street square, E.C., and Messrs Putnam and Co., Ltd., of Great Russell street. W.C. —had agreed to pay a substantial sum as damages and costs. MET IN BERLIN Mr Gerald Gardiner (for Mr Saerchinger) said his client was an author, journalist, and musical critic, who frequently broadcast. He was an American, although for very many years he had lived in England. From 1919 to 1924 he was the European representative of the Musical Courier, which was published in New York. In 1922, while in Berlin, where he had his headquarters, a musical acquaintance introduced to him a Miss Lola Kinel, whom he employed as his secretary. Miss Kinel had endured certain privations in Russia, and he employed her more out of compassion than because of any need of her services. She remained as his secretary for a few months, and he had not seen or heard from her since. ANONYMOUS POSTCARD In March, 1937, Mr Saerchinger received an anonymous postcard drawing his attention to a book called " Under Five Eagles." He made inquiries and found that Miss Kinel had written the book, which purported to be an autobiography. The book had been published in America under the title " This is My Affair." In England it was published by Putnam and Co.. Ltd.. and printed by Wyman and Co., Ltd. The book contained a scurrilous attack on Mr Srerchniger, referring to him as "Mr X." He was described as the European representative of the Musical Courier, as living in Berlin, and as having employed Miss Kinel. . It was manifest to those who knew him that Mr Saerchinger was "Mr X." As soon as the matter was brought to the attention of the defendants neither sought in any way to justify the state-

ments reflecting on Mr Saerchinger, who had agreed not to bring any action in respect of the American publication. In other countries no further copies of the book would be issued until the pages complained of had been revised and approved by Mr Saerchinger. SINCE MARRIED Mr Saerchinger was not able to trace Miss Kinel, but, at his request, defendants had done so. She was not joined as a defendant because it appeared from the book that she was married and now living in America. Her married name was not given. The defendants had withdrawn all imputations against Mr Saerchinger and expressed their unqualified regret. They appreciated the spirit in which he had met their efforts to bring about a peaceful solution of the action. Mr Valentine Holmes said the American publishers and printers, as well as Miss Kinel, associated themselves with the apology. The record in the case was 4 accordingly withdrawn on' the terms agreed.