LIBEL ACTION.

Star (Christchurch), Volume LXVI, Issue 20454, 6 November 1934, Page 5

LIBEL ACTION.

Sequel to “ Glastonbury Romance.” UNQUALIFIED APOLOGY. A libel action concerning a passage in the novel, “ A Glastonbury Romance,” by Mr John Cowper Powys, described of Hillsdale, Columbia County, U.S.'A., was settled’ in Mr Justice * Acton’s Court in the King’s Bench Division, says the “ Daily Telegraph.” The plaintiff, Captain Gerard William Hodgkinson, of Wookev Hole Caves, Somerset, sued Mr Powys and the publishers and printers. John Lane (The Bodley Head), Limited, of Vigo Street, W.C., and Ebenezer Baylis and Son, Limited, Ludgate Hill, E.C. “ Bv the good sense of all the parties the case had been settled on terms.” Mr Norman Birkett (for the plaintiff) said. There were some famous caves in Somerset—the Wookey Hole Caves—which were visited by thousands of people each year from all over the world, counsel continued. They had been in Captain Hodgkinson’s family for at least three generations. They were introduced into the book, and there was also a character called Philip Crow. Anybody reading the book might identify—and in his (counsel’s) opinion would identify—Captain Hodgkinson with “ Philip Crow.” “ Could Be Identified.” The book spoke of the owner of the caves and of his aeroplane flight to them. Captain Hodgkinson was a distinguished pilot in the war, and the character in the book could and would, by ordinary readers who knew him. be identified with him. “ The point is that Philip Crow in the book is a man of the most immoral and most depraved character.” Mr Birkett continued, “ and a section of the book dealt with the actual : seduction of his cousin in the cave it self. Further parts of the book deal i with the visits of Philip Crow to a j house of ill repute, and he is described j as the father of an illegitimate child. ■

“ Captain Hodgkinson, I am glad to say, is happily married, and has been for many years. He is a distinguished man in the county of Somerset. He has been a member of the Somerset Cricket Club for many years, has hunted with all the famous packs, and has taken part in every kind of activity, public and social, throughout the district.” Mr Birkett added that when it was brought to Captain Hodgkinson’s knowledge that people were pointing him out as “ Philip Crow,” he issued a summons for an interim injunction. But the defendants, very properly, as one would expect, undertook that there should be no republication of'the book. The printers paid him a substantial sum and made an unqualified withdrawal and apologv, and the matter ended so far as they were concerned. Discussions had taken place and terms had been agreed. The other two defendants were paying a sum indicating their point of view, which was satisfactory to Captain Hodgkinson. His purpose never had been to claim heavy damages. Besides paying this sum the defendants were paying Captain Hodgkinson’s costs and expressing regret. Passages Removed. 1 hey had agreed that subsequent editions should contain a special note headed: “Author’s statement and apology,” pointing out that Philip Crow was an entirely imaginary character. They had also agreed to remove offending passages. Mr "\ alentine Holmes (for the author and publishers) said they were innocent of any intention to portray Captain Hodgkinson as “ Philip Crow.” It appeared now that it was quite possible to identify him by certain points and as soon as their attention was drawn to that the book was withdrawn. He expressed their deep regret. Mr B. Cloutman, K.C., for the printers, also expressed regret. Mr Justice Acton stayed all further proceedings, and ordered pavment out of the sum in court.