MALICIOUS LIBEL

Poverty Bay Herald, Volume LII, Issue 17156, 5 October 1926, Page 10

MALICIOUS LIBEL

SCHOOLMASTER GETS DAMAGES. INDISCREET COMMITTEEMEN". "To my mind these pamphlets are defamatory in the highest degree and the libel has been shown to be absolutely malicious," said Mr H. Y. Widdbwson, S.M., at Chiistchurch, when givmg judgment against Edward Henry Christian Kidder in a libel action in the/ Lower Court lust week. George Whitelaw, headmaster of the Habwell School, proceeded against E. If. C. Kidder, who, for three years, was secretary of Hie Schcol Committee, for JJ2GO damages for libel. Hidder lodged a counter claim for £2OO damages, alleging that the plaintiff bad slandered him at a meeting of the school committee. Mr. 11 A. Cuthbert appeared for the plaintiff, and Kidder conducted 1 , his own case. The libellous statements appeared in certain pamphlets which Kidder had' privately printed and circulated. The first 1 was entitled •'The Truth about the Halswell School—Muddle, and; its resultants—Scandal and' Infamy—Educational Department! Impeached—New Zealand's Goddess Irreligious. Soulless and Materialistic—Half Pie Education System Condemned." The second, bore, the legend "Kidder's Replv to the Lawyers! -Another T.N.T. Shot," The first; document began with an open letter ol Mr. Whitelaw, in which the following 1 statements were, made:—"When at the huseholders' meeting of April 26 last I made a charge as to the morals of the school, I then had in mind only the improper conduct of boys and girls in so Tar as it related to the precincts of the* school outside the classrooms. Hence my willingness in some measure to acquiesce that- in an extreme sense you might not be altogether blameworthy, but since it- has transpired that grossly indecent conduct has also been perpetrated in your own classroom, literally under your very nose, towards the close of 1925, such opinions or reservations have been completely shattered by revelations and disclosures, so amazingly shocking (for the children's behavior) as to he unfit to appear either in writing or in print, leaving the disillusioned and,. mayhap, erstwhile trusting and' confid-" ing. parents with no .remedy but curses and tears of shame. There is no doubt whatever that the distressing circumstance's under which the school has been! misgoverned of late has had an exact! bearing to the licentious revolt among the scholars." APPEAL TO PARENTS. The pamphlet concluded with an '"Appeal to Parents and Householders," in which the following remarks were made:---"Wo are told the interests of the children in every respect arc well guarded. Just think of it, you long suffering parents of Halswell. The servile hirelings tell us that our children are well guarded. 'Guarded' do they call it? To.have allowed the boys and girls together in various degrees of juvenile depravity, to allow the children, boys and girls, in the headmaster's own classroom (thank God there was a wail shielding the infant classes), even while that sleepy dolt of a time-server, sat at his desk, to grossly misconduct themselves at sundry juvenile capers not suitable to be mentioned in print, but only with shame." The defendant's second effort was in .answer to a letter he received from Messrs Garrick, Cbwljshaw and Co., solicitors, who wrote stating that they had been consulted by the Canterbury branch of the New Zealand Educational Institute and Mr Whitelaw, asking for on apology- and threatening legal action in default. The following is an excerpt from this pamphlet : "When Mr Whitelaw spoke so confidingly and insistently as he did. said what he did and insulted me and mocked me as lie did, impugning my honesty of purposo and all the rest of it, and mueh of his damned insulting, baseless and cruel accusations were published broadcast by thousands ii.i Christchut'c'h papers next day, well in a few words I simply 'told him off' willy nillv. Whether you like it or not, Whitelaw is getting back nothing but his own, getting full measure pressed down and running over from the winepress of the wrath of God. Shall God be mocked?" After evidence had been heard the. magistrate asked the defendant if lio would lender a full apology to the plaintiff. Defendant replied that he would shake hands with the plaintiff if the plaintiff expressed regret to him. Judgment was given for the plaintiff for tho full amount aiu.ll costs on both tho claim.and the counter-claim.