Evening star. [volume] (Washington, D.C.) 1854-1972, 1959-05-06

LIUCI vCIuIII
Held Excessive
District Court Judge George
NJ. Hart ruled here today that a !
ei4S,0 900 libel verdict against
Broadcaster Fulton Lewis. IT..
was excessive and that Mr..
Lewis should have a new trial.
The libel case was tried be-
fore Judge Hart last January
with Mrs. Pearl Wanamaker. |
Seattle (Wash.) educator.
claiming he damaged her In a !
Nation wide broadcast on jan
uary 8. 1856.
In an opinion handed down
today. Judge Hart said II is
his opinion that the verdict
Of the Jury awarding $i45,000 |
total damages ito Mrs. Wanna
maker) is so excessive as to
shock the conscience and lead
10 the conclusion that the jury
was influenced by. passion or
prejudice"
Asked New Trial
Roger Robb, attorney for Mr..
Lewis, had asked for a new trial
almost Immediately after the
Jury brought in its verdict. |
Among the several grounds put I
forth for a new trial was a |
claim that the cross-examina-
ton of a defense witness by
Mrs. Wanamaker's lawyer was
"preiudicial" to Mr.. Lewis. Dur
ing the questioning of the wit
ness in January. Mrs. Wanna
makers lawyer, asked If the
witness had ever been convicted
Of a felony.
Judge Hart said today this
and other questions put to the
witness were highly improper
The questioning also was
prejudicial to Mr.. Lewis, the
Judge said, adding that this
conclusion is reinforced by the
size of the verdict for damages
brought in by the jury"
In the controversial broad
cast that resulted in the libel
suit, Mr.. Lewis mistakenly used
Mrs. Wanamaker's name in
speaking of a woman whose
brother he said had ducked
behind the Iron Curtain and
renowned American citizen
ship.
Criticized Farley Role
1 Mr.. Lewis also criticized her
role in the 1855 White House
Conference on Education and
discussed her reversal of the
suspension of a Tacoma
y(Wash.) school counselor who
had refused to answer questions
posed by the House Committee
on Un-American Activities.
The jury found MIR. Lewis
had not acted with malice, and
no punitive damages were
awarded Mrs. Wanamaker, CO.
Year-old former superintendent
of public instruction in Wash
,ington State.
In today's opinion, Judge
Hart said there is no doubt
Mrs. Wanamaker suffered deep
Humiliation, grave embarrass-
ment and considerable wounded
feelings as a result of (the)
broadcast.
The judge said it was ad-
mitted during the trial she
suffered no damage to her
reputation among the many
people who knew her and were
associated with her in the field
of education"
ApolOgiZed Later
Judge Hart also recalled that
Mr.. Lewis, in a subsequent
broadcast, had apologized TO
Mrs. Wanamaker for this
mistake"
The jurors had awarded $45,-
900 damages to Mrs. Wanna
maker against Mr.. Lewis, the
Mutual Broadcasting System,
and Radio Station WWDC, OF
Washington, for damages they
said she suffered as a result OF
the broadcast in the Washing
ton area.
Another 100000 was award
ed against Mr.. Lewis and MBS
for damages resulting from the
broadcast in areas outside the
District.
Papers filed in the case
showed Mr.. Lewis had a con-
tract to relieve the network and
affiliated station of liability, ex-
'pense and loss arising from
claims or litigations resulting
from his r1rO0rann