THE NEW GUARD

Wairarapa Daily Times, 21 January 1932, Page 5

THE NEW GUARD

LIBEL ACTION CAMPBELL IN COURT. Press Association Electric Telegraph Copyright SYDNEY, Wednesday. Colonel Erie Campbell, the Ncav Guard leader, Avas again before the Court to-day on a charge of using insulting Avorde. A vast croAvd fought for admission, but only a small percentage succeeded. Mr. Lamb, K.C., appearing for Colonel Campbell, asked for a further adjournment, declaring that there had been insufficient time to prepare a defence Avortliy of such an occasion, lie added that a vital principle Avas involved—the right of free speech and the right of every citizen to criticise the acts of a public man. “Wo are entiled to show that the Premier of this State lias disgraced his position in every way and has lowered its dignity and injured its credit,” said Mr. Lamb. “He has Avorked to bring about a Communist state and above all has defaulted. Everybody Juioavs this, but you, as a Magistrate —you do not know it.”

The Magistrate (Mr. LaidloAv): “Assuming your statements are true, how Avoukl you be entitled to go into evidence to substantiate matters of that kind?”

Counsel: “Most decidedly I would haA’o that right, A public man lias defaulted and holds his position by false pretences. That being his character, Ave have the right to criticise him, just as numberless others are doing. Even Mr. Lyons (Federal Prime Minister) has described Mr. Lang as an incubus. We haA r e 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 Avas bad, because it did not specifically state avlio had been insulted. He contended that the person insulted must be present at the time the Avords complained of Avere used. Mr. LaidlaAV replied that it did not seem necessary to prove to Avliom the remarks Avere insulting. Mr. Lamb argued that if Mr. Lang had been insulted, then lie should come forward so that lie could be cross-ex-amined. No offence, had been committed unless someone had been insulted. Who Avas that someone?

CASE FOR PROSECUTION.

ADJOURNMENT REFUSED

SYDNEY, Wednesday. Mr. Lamb continued to argue that every Avord uttered of Mr. Lang was justified, indeed far Avorse things were being said about him by others, and he desired to bring evidence to this effect.

The Magistrate refused an adjournment.

Mr. Slieahan, appearing for the prosecution, said the police took action for good reasons, Avhich he Avas not disclosing. He added that there Avas such a thing as the prevention of disorder Avhen arrogant persons set themselves up in positions to Avliich they had no right or title. The hearing of evidence Avas then commenced. A police shorthand writer, Sergeant Alexander Lendrum, detailed Colonel Campbell’s speech at the Lane Cove picture theatre on January 11th., in Avhich there Avere many references already cabled, to Mr. Lang. Witness described the utterances as insulting. During cross-examination, Sergeant Lendrum said he had not attempted to verify Colonel Campbell’s statement that the Premier Avas a scoundrel. He also AA - as not concerned Avhether Mr. Lang Avas a defaulter, had broken his pledges or had ap2>ointed scoundrels and criminals to the Public Service.

The Gagistrate suggested that Mr. Lamb should bo more careful regarding the Avords he used about the Premier of the State.

Mr. Lamb: “I shall be very careful if I cannot prove my words. I submit that scoundrel is a very mild Avord in this case.”

Mr. Slieahan interposed to declare that these cOAvardly attacks on the Premier should not be tolerated in a British court of law.

After other similar exchanges, the hearing Avas adjourned.