-THE
HONGKONG TELEGRAPH. MONDAY, JANUARY
1938.
BOOK LIBEL ON DUKE OF WINDSOR
False Rumours About
Drink, Money
and
The Duchess
SETTLEMENT of an action for what Lord Hewart, the Lord Chief Justice, described as a "foul and cruel” libel on the Duke of Windson was announced in the King's Bench Division recently.
Lord Hewart said he consented reluctantly and with some hesitation to the withdrawal of the action,
A jury might have thought, he said, that it appeared to in- vite a thoroughly efficient horse-whipping."
Sir William Jowitt, K.C., for the Duke, said the defendants would pay a substantial sum by way of damages and the Duke would divide that sum among charities in which, as Prince of Wales, or King, he took deep interest.
The action, which was against ready for publication on the eve of William. Heinemann, Ltd., pub the Coronation. "lishers, and Geoffrey Dennis,
"was certainly written with- that author of "Coronation Commen-out due consideration," for tary" was for libel contained in that book.
Sir William Jewitt, after 'explain
the author, said:
I am mentioning this case to your ship to-day so that, after my lordship friends have made the statements which
I understand they tre mike, the record may be withdrawn. "It is, I think, always a difficult for counsel so mentioning problem a case concerning a libel to know how far he is wise in giving further publicity to the defamatory matter. Not infrequently, the less said the better.
"But in this case, the circum stances are unprecedented and 1 must say a few words in explanation of the course we are taking.
chapter
DUCHESS OF WINDSOR "Insulting Suggestion”.
.
Substantial Damages
To Go To Charity
The bok then asserts that hav-feven in circumstances which were ing at the last moment thrown over intended to discredit and discour drove to the such rumours.
his engiement, be
station to meet the lady who is now his wife.
"They published the book, bellov- ing it to be a valuable review of an What re the facts, for the mat-Important period of contemporary ter is pa beyond controversy by history, recording the reactions of document The opening of the the ordinary people to great events Aberdeen Infirmary took place on with which they were imperfectly Septembe 23, 1930. The authorities acquainted, and recording, too, those without which in Aberden had been informed in current rumoura the prebus June that, following those reactions could not be under- precedent the King had decided, stood, shortly afr his accession, that dur ing the wole period of court mourn ing he hitself would not undertake any open ceremonies,
"Immediately their attention was called to the fact that his Royal Highness objected to the book as published, my clients, without any "They fere informed that is, on intervention. from their legal advi
to express their pro- these grods, other requests of this sars, wrote
that passages in the nature been refused, his. Ma-found regrot Jesty could make an exception book had given offence to him... in the the Aberdeen Royal "They further offered to withdraw that the
deputed the Duke circulation. This has been done. of YW perform the opening ceremonias. his Majesty's repre- sentative.
Infrina they were informed the book in its present form from
"DEEP AND SİNCERE”-
"They have already expressed
"The gestion, therefore, that he their personal apologies to the Duke. threw of the authorities of Aber-only remains for me to repent deen at lib last moment for a pure those apologies and to say-as I can ly person reason, or that he failed say from my own knowledge-that to keep the word to them in any they are deep and sincere," way widsbever, is demonstrably false.
Mr. John Morris, K.C., on behalf of Mr. Geoffrey Dennis, said: "I instructed by Mr. Dennis to associate myself with everything Sir William Derinis "We find on page 270 of the book Jowilt has just said. Mr.. he
wishes, most wholeheartedly to apo- these word:
his sincero. logise, and to express
which he hus regret for the pain caused to his Royal Highness,
mour.""
FL 'base ru-
"The book as a whole was intended as an historical treatise upon the monarchiat aystem and as a studied defence of such system, and, as such, was ready to go to press before the | Abdication took place and therefore, of course, without the offending chapter therein.
contains such defamatory and utterly groundless allegations of fact as to have made it necessary for the Duke of Windsor to take this
,not only to expose their fol- . Ing that Mr. Valentine Holmes' ariți act and show others that state- Mr. C. S. Evans appeared for the sins of this nature cannot be made, "Let me refer to some of these publishers and Mr. John Morris, K.C., and Mr. H. V. Lloyd-Jones, for with Impunity, but also in order assertions. It is said that the plain-
that these false and misleading sug-tiff had at times had recourse to Money": gestions relating to an important other sources of courage; I suppose historical event might not be left this means that at critical times
drink. 10 unchallenged to the future historian. was giving way
"Those who were with him at the to "It is a fact to the credit of both
"A be rumour was set going, to breakhim finally, that Edward defendants that they have not at- critical times have long desired. on
himself as prolonging the crisis, tempted to justify any of the asser-opportunity of testifying as to the
wicked falsehood of these rumours, holding.dit for more money." tions of fact complained of.
is fair to add that, so far although it is "Before referring to these state-as the defendants are concerned, the
"Thercat is described, and most ments, it is only fair to the defen references are general and not aptly destibed, as
to dants to say again that in the main, any specifle occasion. reports rumours and suggestions
"It is utterly untrue to say that,
"Why publish it?" Lord Hewart are referred to only for the purpose either at these times, or
at any asked. of discrediting them.
"It is a ply, that this rumour was The Lord Chief Justice: Why print time throughout his reign, was he
giving way to drinit. Nor is there ever repeted," said Sir William, them at all?
the slightest foundation. for saying who went in: "There is no founda suppose for pay," said
Sthat his Judgment or his courage, tion
calumnious whaiver for the William Jowilt, who continued: "In the first place, a rumour is repeated before, during or after these events, insinuation that the Duke was taking in the book, to the effect that the was influenced or affected by drink advantage the position to extort lady who is now the plaintiff's wifesor other sources of courage to money.
"I should not be justified in oc- occupied, before his marriage to her,
cupying your lordship's time longer the position of his mistress
in detail the assertions of fact discussed, did-what he now very genuinely regrets-give currency to "The book goes on, in dealing with made in the book for the mere pur-libellous rumours. The Duchess
suggestions as to why the Duke's pose of contradicting them. The true
Abdication
"He now realises that it was Ministers wanted to get rid of him: facts concerning the
great mistake ever to have referred simple enough. Duty **Things left undone.". ■
The the King desired to contractor corded these rumours, AB peglected.
Fapers held apa murrlageninst which his Minis-soon as this was pointed out to him As a constitutional he wrote the plaintiff's soliciters ex- Papers curiously, ico-Kai- ters serishly annotated. The af- monarch her he could not dar pressing his sincere regret for what
she had done... regard that advice. As a man he
"His regrets are very real and he Fuddling..
The day in great responsibilities of his office un- less he wele allowed to marry the "I can hardly suppose that either woman of His choice.
"He therebre decided to abdicate,
A DISTINGUISHED.
AUTHOR
"The abdication of King Edward the Eighth, an event with which one chapter of this book, deals, is an event in regard to which various Vlok may be entertained and ex- pressed. It is, perhaps, Inevitable 10 such a matter ru- opens, should grow... doubtedly
that in shold originate and.
noutally
10
feel that the
"No suggestion could be more damaging or more, insulting to the of Indy who is now the Duchess Windsor. The suggestion is entire-
could ly, untrue, ; and
nol be supported by a shred of evidence
the smallest exent. Why He. Abdicated
pre
"When his Royal Highness; gbdi- dealing ented, a chapter was included with that event. Unfortunlitely, in writing this chapter, Mr. Dennis, in-
tending to give an account of, and to set out in antithesis certain points of view of matters then being much of view of matter
n
many nents having no justifica-s 1 have said the defendants fair of the Egyption Treaty, at he could not well support the wishes this apology to be, as ample
et whatever, have been do not seek to justify it.
tion
made in regard thereto.
Secondly, the chapter in question
that such rumours
Mudding. Meddling.. Athens..
"At the same time, it should be deals with the suggestion that the clearly
understood that no writer giving further currency to unfounded real cause of the abdication was not tumours on protect ilmself by the /the marriage, but that his Ministers the publishers or the author of this in the full knowledge that thereby had wanted to get rid of him for book haye had access to State pa-those responsibilities would be placed mete assertion
other misdeeds. I quote from the pers. had existed before his book was book:
Any suggestion that papers have been held up or annotated in upon shouldes well able to support published.
"Until
this marriage was "Messrs Heinemann occupy,
a neo-Kniserish way must, one would tiem. Inooted they had no notion how assume, be mere idle gossip. But we gladly recognise, a very eminent
to get rid of him. She,
whom?
.gossip or not, there is no truth what- position in the world of publishers.
they pretended was a disaster; ever in these suggestions. Mr. Dennis, the writer of this book,
was, in fact, a godsend." distinguished author who has abeen awarded the Hawthornden
"The book refers to a Triumphant Prize for English iterature.
Whisper that there was more in it "But the fact that rumours than the public had been led to be-
responsible | lieves, and that those fre repeated by these
in authority and respectable persons makes them would never be taking so strong a the more serious, and makes it im-line, unless, there were other things
very
"In that matter, as in the visit to Turkey, and the visit to Greece, the plaintiff acted entirely in accordance with the advice of his responsible
as it can possibly be."
"HORSE-WHIPPING"
In
foul and cruel
Lord Hewart Lord Hewart said: "With Bome hesitation I consent to this record being withdrawn. In my opinion it ls remarkable that any man should SUBSTAITIAL DAMAGES
have permitted himself to write, und "Comment icre may well be--and that any publisher should be will- "The plaintiff is at a loss to un- comment we do not desire to exclude ing to publish the
ifbels which are the subject-matter derstand the reference to the Egyp-but commejt cannot be fair
lan Treaty as one of the other so- facts are unfunded and comment is of this action.
based on imaginary facts.
"There is not, even on the plead- called misdeeds.
"As I have said," who advise ings, any attempt to allege that the
those Duke of Windfor realise
truc the filbels are the
substance and defendants. Valle this fact has in standing and position of the two in fact.. one sense mact the statements more gotten that the writing and publica- "It appears, sometimes, to be tor--
Drink.
serlous, it has in our opinion, made tion of a libel may be a crime be "Before mentioning them, or some
it possible for the Duke to take, in cause it is calculated to provoke a "The book 'Coronation Commen-of them, I can take the responsi- tary, which was, in the main, writ-bility of asserting that, hnd it been day in Aberdeen, in regard to which defendants in a different position,
"There follows a reference to the regard to thed. a course which he breach of the peace.
could not has taken in regard before the Abdication," deals necessary
events to the history of the this action, we were in a position to the alleged misdeed. The book snys:
for us to proceed with the author gives some particulars of sad will not take in future, what with
over the circubstances may be, tarchy of 'this country. It con-
call persons occupying highly res
That Deeside engagement was
"The defendants are, by their on,ponsible posts who could have which, it would appear from the shown that there was no sort of of long standing, and the Silver counsel, intending to make a state publishers' note, was written at a foundation for the suggestion that City had decked herself, not fru- ment expressing their deep regret later date than the other parts of the the proposed mattage was used "as
gally, to greet him. At the lust for what has ben published. They book.
a mere excuse to get rid of
moment le deputed Duke and are prepared to make payment of n "It was possibly written under arch who had shown himself un- Duchess to open the Infirmary, and substantial sum by way of costs and
damages. pressule of time, in order to be suitable in other respects.
carry out all his programme.
possible to disregard them.
HÜTTERLY-GROUNDLESS"
โ
mon-
Ministers. Aberdeen Ceranon}_
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might have thought appear almost "These particular libels the jury to invite a thoroughly efficient horse- whipping. It may well be, I do not know, that a criminal prosecution might follow."
"Reluctantly and with hesitation I allow this record to be with- drawn."
that the Duke will see that these NEW BATCH
It merely remains for me to add
damages are divided amongst those charities in which, whether as Prince of Wales or Hing, he took a deep Interest, and in regard to which that Interest, notwithstanding the changed circumstances bf to-day, has
| abated."
APOLOGIES
not
OF HOWLERS
London.
THE Board of education reports these among answers 11-year- olda at a Scottish school gave to `a Mr. Valentine Holmes, on behalf oneral knowledge examination:
of Willlom Heinemanni, Limlled, then Matrimony is a place where souls made what he described as a "ain- suffers for a time on account of thick cere and humšie apology!"
to the sin· .. Duke of Windsor for the publication
of those parts of the book of which up in the winter and comes down A criala is a thing which hangs. he complained
wished,
I could Have Wi
in the summer as a butterfly he. 'naid,
that the whole chapter, to which - Tarzan' is a short hame for the objectles is taken could be read so American flag. Its full name is Tar that it might become apparent to za stripes.
the court that neither the publishers
bidfor such A republic "la a country where no authorly no they have lenti sud one can do anything, in private. moure which are repented · If the book"
But
The spine is a bundle of bones Lord Hewart:
they
that runs up and down the back, have re- and holds the Mbr together. The peated them.
skull afts on one and Iaft on the Mr. Valentine Holmes agreed, and other. ridded:
"They realise, and do not wish to. MAn, aktive verb shows action, ne excuse, their error in giving further he kissed' her, and 'a passive" verð circulation to unfounded»• rumours shows passion, as she kissed him,
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