Evening star., 1953-05-14
Jury De|iberating
Litfe|I Libel Suits
Against CoIun1nist
By Howord 1. Dutkin

Pearson.
Judge Charles F. Mclaughlin
gave the case to the jury in the
U. S. District Court for the Dis
trict of Columbia at 3:35 pm.
yesterday.
Mr.. Little is asking a total Of
$500, 900 compensatory and puni-
tive damages. Compensatory
damages may be awarded when
a libeled plaintiff shows he has
suffered monetary loss and dam
age to his reputation as a result
of the libel. Punitive damages
may be awarded when jury de-
cides the libel was committed
with malice or with willful and
reckless disregard.
PearsOn's Contribution.
Mr.. Pearson has contended
that allegations he made con-
corning Mr.. Littell were either
true or substantially true" and
privileged under the doctrine of
flair comment"
The "fair comment" doctrine
DEGREES, as a libel defense, ex-
preston of the opinion Of per-
son Gn this case Mr.. Pearson as
a news commentator) on a mat
ter of public interests, substan-
TALLY true and made in good faith
and without malice. Legally,
Substantial truth" applies to a
matter that is neither false nor
demonstrably true.
Basis of the suits were state
ments in a Pearson column of
April 10, 1949, and in a radio
broadcast by Mr.. Pearson on
May 81, 1850.
The column statement read:
1.-THE Justice Department is cast
ing a quizzical eye on ex-Assist-
ant Attorney General Norman
M. Littell. They have reports
that Littell is acting as a propa-
gandist for the Dutch govern
ment, although he failed to reg
lister as foreign agent"
The radio broadcast. in part,
urged an investigation of Mr..
Littell, who had been an attor-
ney for the Polish Embassy, to
find out "how. after Gerhard
Eisler was spirited out of New
York on the Polish Steamer Ba-
tory, this attorney arranged for
Polish Communists to board the
returning steamship and inter-
view the crew ahead of United
States officials"
Denies All Allegations.
MIR. Littell denied all allega-
tions. In his charge to the jury,
Judge Mclaughlin told the panel
that "as a matter of law" the
Dutch propaganda statement
was libelious on its face.
He decreed the statement was
not privileged on the grounds OF
fair comment and told the jurors
they must find for Mr.. Littell 'in
that case, unless the defendant
(Mr. Pearson) has shown. by a
preponderance Of the evidence.
that the statement was true -"
The jurist held that it was not
sufficient for the defense to prove
that Mr.. Littell had been accused
of a violation. He told the jury
the defense must prove that the
plaintiff (Mr. LittelD was a
Dutch propagandist."
Testimony of Defense.
The defense had brought out
testimony that Mr.. Littell had
introduced a Dutch industrialist
to the then Senator Owen Brew
ster, Republican, of Maine, who
had been leading a fight to cut
off cash aid to Holland.
It was also brought out that
Mr.. Littell had made several
speeches during which the Meth
erlands was praised and that his
wife had introduced as a club
speaker a member of the Dutch
information bureau.
It VISA testified that the Justice
Department had received reports
as to Mr.. Littell's activities on be-
half of the Dutch.
But Attorney Edward B. Will
liams, representing Mr.. Littell,
brought out that one Of the re-
ports originated with an assist
ant of Mr.. Pearson. Mr.. Will
liams charged that Mr.. Pearson
had the reports planted" and
then wrote them up.
The BatOry Incident.
In testimony on the Batory in
cident, it was brought out that
American officials boarded the
vessel first and interviewed off,
GERS and passengers before the
Polish representatives were al
lowed on.
Attorney H. Graham Morrison
argued the broadcast was Sub
stantially true" and privileged
as flair comment" He told the
jury it is in the public interest to
have Government officials "un-
der the constant scrutiny of a
free press"
Mr. Williams contended that
the free press amendment does
not mean ANY journalist could
blackjack a man into oblivion
by planting a charge with a law
enforcement officer and then
printing the report"
Associated with Mr.. Morrison is
Attorney Samuel Abrams. At
torney Murdaugh S. Madden is
co-counsel for Mr.. Littell.
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