From the Glasgow Herald, July 24, 1936, page 12.
ACTION BY GREENOCK PROVOST
Alleged Slander by Councillor: "Living Off Backs of Workers"
Keen public interest was taken in the proof of an action in Greenock Sheriff Court yesterday involving the Provost of Greenock and another member of the Corporation. Provost J. W. Bell is suing Mrs Catherine McLeod for £150 damages for alleged slander.
The proceedings lasted all day, and pursuer's case was not completed when the Court rose. The proof was adjourned until Thursday, July 30.
The case was heard by Sheriff Macdonald, pursuer being represented by Mr J. G. Shewan, advocate, and defender by Mr Hugh T. McCalman, solicitor, Glasgow.
PURSUER'S EVIDENCE
Provost Bell stated in evidence that he was an electric welder to trade, but had been unemployed since November, 1932, when he was elected to the Town Council. In November, 1933, he was appointed Provost, and had held the position ever since.
He was a member of the Labour Party and chairman of the board of the Co-operative Society in Greenock. He had also been appointed by the Secretary of State for Scotland to serve on various public bodies, and at the present time he was a member of the Departmental Commission to inquire into representation of poor persons in legal matters.
Defender, Mrs McLeod, had been a member of the Town Council for about nine years and was also a member of the Labour Party.
In reply to Mr Shewan, Provost Bell stated that the relations between himself and defender were "not the very sweetest." After he became Provost, which Mrs McLeod never supported, he found that every opportunity was taken by her to insult and abuse him at private meetings.
QUESTION OF COUNCILLOR'S EXPENSES
After giving details of allowances to Corporation members on deputations pursuer referred to a meeting of the Finance and General Purposes Committee. He produced extracts of two accounts from the minutes in connection with the Public Health Department.
The first read -- "Bailie Mrs McLeod -- Expenses attending a conference at Southport, June 25 to 30, five days, £10"; and the other -- "Bailie Mrs McLeod -- Expenses attending conference at London, June 30 to July 4, five days, £15."
When he found that Mrs McLeod was charging delegation expenses for June 30 at Southport and also for June 30 at London he came to the conclusion, in view of the fact that there had been very keen public controversy about councillors' expenses, that it was his duty to get this put right. All he said at the meeting was -- "There are two items in the Public Health accounts which show that Mrs McLeod has charged for June 30 twice. I am prepared to move that this matter be remitted to the Chamberlain to be put right."
Mrs McLeod arrived at the meeting just after the motion was carried. He explained the position as kindly as any man could, and the Chamberlain walked over to her with the two receipts.
She flung them in his face, and said -- "I have spent the money, and you can do what you like."
Mr Shewan -- Did you, as the defender alleges, make a bitter and unfounded attack on defender's character with reference to this matter? -- Never. I made no attack on her.
"LIVING ON CHARITY"
PROVOST AND "POISONOUS IMPUTATIONS"
Continuing his evidence, Provost Bell said that it came to his ears later that certain slanderous statements concerning him were in circulation.
These alleged that he was a dirty scum, that he had lived off the backs of the workers ever since he came to Greenock, and that he had lived on charity ever since he went in there. He regarded them as poisonous imputations against his character implying that he had been using his position as Provost to get money from irregular sources.
He felt that they would have to be repudiated and withdrawn, as there was absolutely no truth in them.
He intended to challenge Mrs McLeod on whether she had made the statements, but she had left for Portugal, and it was some time before she came back and he could communicate with her. He wrote to her after her return proposing to delay proceedings to allow her to make an apology.
Mr Shewan -- If she had done so, would you have allowed bygones to be bygones? -- Yes.
Mr Shewan -- Had you frequently stated on public platforms that you had lived on the charity of your friends? -- Exactly the opposite. I have stated in public that no person could hold the office of Provost in this town with any dignity or authority while drawing public assistance or benefit from any other source. I have also stated that I am dependent entirely upon my life's savings.
Bailie Porter and Bailie Lyall had tried to mediate between himself and defender because of the fact that Mrs McLeod was a candidate in the last November election. He had no desire to injure her chances, and he told them that he was prepared to accept an apology and to give a guarantee that it would not be published until after the election. In spite of that, no apology had been given.
OFFERED THE M.B.E.
Cross-examined by Mr McCalman, Provost Bell said he did not think there was anything dishonourable in obtaining public relief of any kind.
Referring to a meeting in the First Ward on December 9, 1934, Mr McCalman asked witness if he had then said that he had been offered an M.B.E.
The Provost -- I might have.
Did you say you had refused it? -- Yes.
Who offered you the M.B.E.? -- Sir George Carter, now dead.
Did he give out M.B.E.'s? -- No, he had no authority; but he asked me if I was prepared to accept the honour.
Did you also state that you refused it and suggested that it should be given to the lavatory attendant? -- No.
The Provost explained that he had received the offer because during the war he had been chairman of the Cammell Laird War Relief Fund, which distributed over £53,000 to the dependants of those who had gone to the war from the shipyard.
In answer to a further question, the Provost stated that there was nothing illegal in the claim made by Mrs McLeod in respect of expenses, other than that she duplicated her claim for one particular day.
INCOME FROM CO-OPERATIVE SOCIETY
Questioned regarding his means, Provost Bell said that his money was in co-operative society shares, and his income for the past four years from this investment consisted of dividends on purchases and interest on the amount standing in his name.
He had drawn £420 from these books since he became a councillor in Greenock. He had nothing to hide, and nothing to regret.
His earnings from the co-operative movement during last year amounted to £40, and he was paid £12 a year for being chairman of Greenock Central Co-operative Society.
Mr McCalman -- I suggest that your sole purpose in bringing this action was to intimidate Mrs McLeod and earn some publicity for yourself. -- I could get no more publicity than I am getting as Provost of Greenock.
The Provost's evidence lasted over 2 1/2 hours.
"THAT DIRTY SCUM"
ALLEGED STATEMENT BY DEFENDER
Peter McGregor Swan (57), iron driller, said that on a Thursday towards the end of August, 1935, he was standing at Cathcart Square in company with two other men.
Mrs McLeod came out of the Municipal Buildings, crossed the street, and spoke to them. After referring to another Corporation matter, she said -- "What do you think of that dirty scum challenging me for a day's delegation expenses of 25s?"
Witness asked her to whom she was referring, and she said -- "Provost Bell, a man who has been living on charity ever since he went in there." Witness inferred that she meant the Council Chambers, and that the statement was meant to convey that the Provost was using his position for his own gain.
After further conversation Mrs McLeod said -- "He has been living on charity ever since he came to Greenock," and "He has been living on the backs of the workers since he has come to Greenock."
At a later date witness met Bailie Porter and told him what Mrs McLeod had said, and subsequently, so far as he could remember, he told the Provost the words that had been used.
Witness denied in cross-examination that he had ever stated that he intended to break the Labour group in Greenock Corporation.
Mr McCalman -- Did you consider it just a little bit of gossip when you mentioned the matter to Bailie Porter? -- I may have.
Did you think it just a joke? -- No; I did not consider it a joke.
MRS MCLEOD "READY TO BREAK DOWN"
John Bain (48), iron moulder, who accompanied Swan when defender spoke to them, stated in cross-examination that when Mrs McLeod came over he thought she was pretty hysterical and was just ready to break down.
Joseph Heron (52), labourer, also gave evidence of Mrs McLeod having made the statements complained of.
Mrs Bell, wife of the Provost, said that the words alleged to have been used by Mrs McLeod were widely circulated. Witness had a family of four children, all at school, and her eldest boy had certainly heard of the statements.
Asked what her husband's motives were in bringing the action, Mrs Bell replied that if the slander was not repudiated the children would carry a suspicion on their shoulders throughout their lives that they had been brought up on something they were not entitled to. Her husband brought the action to clear his character.
After evidence had been given by Bailie Harry Lyall as to his part in attempting to mediate between the parties, the court adjourned until Thursday, July 30.