Correspondence, papers, and newspaper articles relating to the writ for summons for damages for libel against the RAI, W.B. Fagg, Hon. Editor of Man, and Prof. Bozo Skerlj by R. Gayre, Editor, Prof. Henry E. Garrett, and Prof. R. Ruggles Gates, Associate Editors of the Mankind Quarterly. 1960-5; later correspondence and printed matter, 1972-95; correspondence, papers, and newspaper articles relating to a libel action brought by Mr Kiamran Halil against the Guardian newspaper, 1986.
George Robert Gair (later Robert Gayre of Gayre on the death of his father in 1957) was nominated on 25 Feb. 1930 and elected an Ordinary Fellow of the RAI on 25 Mar. (see Council Minutes, 25 Feb., 25 Mar. 1930, ff. 137,139; Fellows’ application forms, 1928-30, A63, are missing). He appears to have remained a Fellow until 1935 or 1936. The libel action arose from a letter published in Man, Nov. 1960, Item 215 from Prof. Bozo Skerlj on his resignation as a member of the Honorary Advisory Board of the Mankind Quarterly which he joined ‘in ignorance of the ostensibly racialist editorial policy’. The letter had been sent initially to R. Gayre, Editor of the Mankind Quarterly, requesting that it should be published. It was not published but his name was withdrawn from the Board. Prof. Skerlj then approached W.B. Fagg, Editor of Man, who agreed to publish it.
In pursuing information on R. Gayre for the libel action, the RAI contacted individuals and organizations ranging from the founding of the Scottish Anthropological and Folk Lore Society in 1934 with which he was associated and of which he was the Hon. Editor, with a member at that time who gave evidence of Gayre’s pre-war contacts with Germany (the Society was formed by a group of RAI Scottish Fellows; it became affiliated to the RAI); to the New Statesman which had been involved in a similar libel action in 1945; to Prof. Sir Solly Zuckerman and the War Office for Gayre’s wartime intelligence activities; and to Italy for details of his various honorary degrees. After legal proceedings from 1962 5, Counsel still considered the RAI had a reasonable chance of success, but he stated ‘until the jury’s verdict has been given no one knows’, and advised the RAI to settle. The settlement was read in the High Court and reported in The Times Law Report, 13 Apr. 1965 (see Man, July/Aug. 1965, No. 104).
Mr Kiamran Halil, an under-secretary at the Department of Employment, was investigated for racial discrimination against members of his staff. In the course of the investigation, it was revealed that Mr Halil had written articles, published in Mankind Quarterly, in which he referred to people of mixed race as mulattoes and cross-breeds. The Guardian published an article in February 1983 about Mr Halil’s publications. Mr Halil sued the newspaper for libel and the case came to trial in February 1986. The Director of the RAI, Jonathan Benthall, was a witness for the Guardian, stating that the RAI did not subscribe to Mankind Quarterly on principle. Mr Halil was awarded £61,266 damages but the Guardian appealed, and a retrial was ordered.
Abbreviations
AHC A.H. Christie (d. 1994), RAI Hon. Secretary, 1961-70
BS Bozo Skerlj (d. Nov. 1961), Prof. of Anthropology, University of Ljubljana; RAI Hon. Fellow
KB Messrs Kimber Bull & Co., RAI solicitors
MQ The Mankind Quarterly, edited by R. Gayre; Prof. R. Ruggles Gates, Prof. Henry E. Garrett, Associate Editors
RG Lieut.-Colonel Robert Gayre of Gayre, Editor of The Mankind Quarterly
RN Messrs Rubinstein, Nash & Co., solicitors for the plaintiffs, R. Gayre, Prof. R. Ruggles Gates and Prof. Henry E. Garrett
RRG Prof. Reginald Ruggles Gates, FRS (1882-1962), Prof. of Botany, King’s College, London; RAI Vice-President, 1937-40
WBF W.B. Fagg, CMG (1914-92), Hon. Editor of Man, 1939 65, Acting Hon. Secretary while AHC was in hospital in 1962
1/ General. 1960-5
1 Advance notice for The Mankind Quarterly, June 1960. 4pp. (printed)
2 Draft letter from BS to the MQ resigning from the Honorary Advisory Board for publication in Man. 3 ½ leaves (tp., with autograph corrections by BS and WBF); see Man, Nov. 1960, Item 215
3 Draft review of the MQ, Vol. 1, Nos. 1-3 by Dr G. Ainsworth Harrison (President, 1969-71). 7 leaves (tp., with corrections); see Man, Sep. 1961, Item 189
4 Galley proofs of review (printed)
5 Proposed statement to the Council regarding a writ received from RN. 3 leaves (tp.); see Council minutes, 1 Mar. 1962, CM/91/6, Item 5b
6 Draft of announcement in Man of writ (autogr. by WBF); see Man, May 1962, Item 110
7 Revised version of announcement (tp.)
8 Dr Ethel J. Lindgren to Sir George Beresford-Stooke, KCMG (Hon. Treasurer, 1956-62), 6 June 1962 - sends cheque for a defence fund (tp.)
9 Sir George Beresford-Stooke to AHC, 10 June 1962 - encloses cheque for defence fund; to be reported to Standing Committee (autogr.)
10 (Prof. Sir) E.R. Leach (President, 1971-5) to AHC, 3 Feb. 1965 - inquires if total cost can be assessed; suggests a special appeal now opportune (tp.)
11 ‘Gayre of Gayre and another v. Royal Anthropological Institute and another’. The Times, 13 Apr. 1965, p. 17 (photocopy)
12 Title ‘Settlement of Action ...’ for Man (autogr. by WBF)
13 ‘Settlement of action for damages for libel’, Man, July/Aug. 1965, Item 104; report follows The Times Law Report (/11 above)
2/ Prof. R. Ruggles Gates. 1961-2
1 RRG to WBF, 21 Nov. 1961 - encloses letter in reply to Dr G. Ainsworth Harrisons’ review (/1/3 above)(autogr.)
2 RRG’s letter (tp., corrected)
3 Ibid. 2 copies (proofs, corrected); see Man, Jan. 1962, Item 7
4 Letter from Lord Raglan in reply to RRG’s letter (/2-3 above) for publication in Man (proof, annotated by WBF); Lord Raglan’s letter was not published; see Counsel’s opinion, /6/7 below
5 Dr G. Ainsworth Harrison to WBF, 7 Mar. 1962 - colleagues urging him to reply to RRG’s letter; not sure this is advisable; asks his advice (autogr.); no reply was published in Man
6 Dr A.T. Carey (Commissioner for Aboriginal Affairs, Federation of Malaya) to WBF, 5 Apr. 1962 - letter challenging RRG’s views (tp.)
7 Statement by WBF of Dr Hermann Lehmann’s (Council member, 1961-4, 1967-70; d. 1986) discussion with RRG and his efforts to get RRG to ask RG to withdraw the writ, 8 Apr. 1962 (autogr.)
8 WBF to Dr A.T. Carey, 16 Apr. - regrets he cannot publish letter in view of the writ and their solicitor’s advice; a letter from Lord Raglan making a similar point has also been withheld (tpc.); see also /4 above
9 Death of RRG, 12 Aug. 1962, The Times obituary, 13 Aug.
10 WBF to Mrs Laura Ruggles Gates, 20 Oct. - shocked, on his return from Rhodesia, to learn of RRG’s death; sends his sympathy (autogr.)
11 Mrs Laura Ruggles Gates to WBF, 22 Oct. - informs him of the Memorial Service; hopes he will attend (autogr.)
12 Ibid., 24 Oct. - thanks him for his sympathy; comments on RRG’s work. 4 leaves (autogr.)
13 Ibid., 1 Nov. - on the Memorial Service, the obituary for Man, and RRG’s work. 4 pp. (autogr.)
14 Dr J.A. Fraser Roberts (President, 1957-9) to WBF, 6 Nov. - on RRG’s obituary; see also /6/29 below
15 Draft obituary by Dr J.A. Fraser Roberts with KB’s covering letter, 16 Nov. (proof, corrected; tp.) photograph (copy); see Photographic Collection
16 Mrs Laura Ruggles Gates to WBF, 21 Nov. - encloses the Mount Allison Record (/17 below); comments on obituary and photograph; orders 500 copies (tp.)
17 Mount Allison Record, Fall 1962, Vol. 44, No. 4, pp. 12-16, obituary and curriculum vitae
3/ Correspondence between Prof. B. Skerlj and Mankind Quarterly, 1960-2
1 RG to BS, 16 Mar. 1960 - invitation to serve as a member of the Honorary Advisory Board of the MQ; ready to publish anything he may send (tp.)
2 BS to RG, 8 Apr. - replies to invitation; gives his views on the definition of race; ‘against any kind of race prejudice’; mentions his experiences during the Second World War in Yugoslavia and Dachau; leaves decision on appointment to Advisory Board to RG; glad to contribute papers on physical anthropology (tpc.)
3 RG to BS, 13 Apr. - has conveyed his views to his American colleagues; comments on the ‘question of race’ (tp.)
4 Ibid., 2 May - RRG and Prof. Henry E. Garrett wish him to be on the Advisory Board; RRG does not think there is anything ‘fundamental dividing us’; hopes he will agree to appointment (tp.)
5 BS to RG, 10 Aug. - as a member of the Advisory Board feels partly responsible for views expressed; some in the first issue show little concern for facts and to be distorted by racial prejudice; sends his resignation; wishes an assurance his letter will be published; if not he will seek publication elsewhere in the UK (tpc.)
6 RG to BS, 15 Aug. - his letter an unpleasant surprise; would welcome him citing any article which he feels to be untrue; states he also fought the Nazis; expands his views on Nazi philosophy; resents suggestion that the MQ is serving any Nazi purpose; will consult his colleagues (tp.)
7 RRG to BS, 20 Aug. - ‘astounded’ at his letter to RG; had suggested his name for Advisory Board as ‘a kingly gesture’; resignation accepted; next issue of MQ will carry a statement if he wishes; hopes to see him in London (tp.)
8 Prof. J. Huizinga, Director, Institute of Physical Anthropology and Human Genetics, Utrecht to RG, 20 Sep. - strong protest at contents of the first issue of MQ; will continue to subscribe, feels it a duty to read papers that may reach his students (tpc.)
9 AHC to Mrs R. Skerlj, 6 Mar. 1962 - informs her of the writ against Man (BS died Nov. 1961); RAI intends to fight the case; would be a help if correspondence between BS and MQ could be lent (tpc.)
10 Mrs R. Skerlj to AHC , 12 Mar. - encloses correspondence including Prof. Huizinga’s letter received by BS after the publication of his letter in Man (/1-8 above)(tp. and envelope)
4/ Information and opinions about R. Gayre and Mankind Quarterly. 1958-63
1 Curriculum submitted by RG to the Nigerian Dep. of Antiquities, c. 1959 (photocopy)
2 Exeter College Association, Register 1963 - Honours and appointments. 2 leaves (photocopy); sent by Dr A.E. Mourant
3 Notes & suggestions on RG by WBF. 4 leaves (autogr.)
4 Correspondence between Dr A.E. Mourant, Blackwell Scientific Publications Ltd., and the Northern League
.1 Dr A.E. Mourant to Blackwell, 14 Nov. 1958 - on quotation from his book out of context (tpc.)
.2 Blackwell to Dr A.E. Mourant, 17 Nov. 1958 - Northern League has infringed copyright (tp.)
.3 Northern League (Alastair Harper, Secretary) to Blackwell, 19 Nov. 1958 - pamphlet including quotation intended as fair comment; gives problems of printing in India as leading to full quotation; will withdraw pamphlet (tp.)
1960
5 Dr J.C. Trevor to WBF, 17 Sept. 1960 - names those consulted about RG and gives their views; on review of MQ in Man; reports BS hopes his letter to RG will be published in Man; thinks RG is suffering from paranoia (autogr.)
1961-2
6 Prof. (Sir) R.W. Firth and Nature
.1 Nature to Prof. R.W. Firth, 8 Sep. 1961 - requests a short note on MQ (tp., annotated by RWF)
.2 Draft note (tp.)
.3 Proof of note (printed)
.4 Prof. R.W. Firth to AHC, 12 Mar. 1962 - encloses the above (tp.)
1962
7 AH to Prof. Sol Tax, University of Chicago, 15 Feb. 1962 - informs him of the threat of libel action; asks if he knows and asks for copies of Juan Comas’ article in Current Anthropology (tpc.)
8 Detailed report of interviews with those who know RG and decisions by Council on evidence by ?AHC, c. Mar. 1962. [6] leaves (tpc., annotated by WBF, AHC and others; autogr. note in two hands attached); leaf 1 missing; statement on impending action was read to Council on 1 Mar. 1962 (see CM/91/6, Item 5b)
9 Prof. Sol Tax to AH, 2 Mar. - is sending copies of Comas’ article; willing to help (tp.); see also /4/7 above and /6/5 below
10 Correspondence between Miss M.E. Wood and WBF
.1 M.E. Wood to WBF, 5 Mar. - encloses copies of RG’s cv (tp., annotated by MEW)
.2 RG’s cv (tp., annotated by WBF)
.3 WBF to AHC, 7 Mar. - encloses RG’s cv (/10.4); sender wishes to remain anonymous (autogr.)
.4 RG’s cv (tpc., annotated by WBF)
.5 WBF to M.E. Wood, 9 Mar. - thanks her for the cv; has sent a copy to AHC; later Dr E.J. Lindgren advised him not to do so; very sorry if there is any risk (autogr. draft)
.6 M.E. Wood to WBF, 19 Mar. - trying to obtain further information; makes suggestions (tp.)
11 S. Genovés, Instituto de Historia, Mexico to WBF, 9 Mar. - encloses a copy of his criticism of MQ in Science, 9 Dec. 1961 (autogr. card)
12 Ibid., [27 Mar.] - hopes he will publish his note on Comas in Man; sent to D.R. Brothwell (autogr. card)
13 Dr E.J. Lindgren to WBF
.1 19 Feb. 1962 - notes on solicitors and Miss M.E. Wood’s information. 4 pp. (autogr.)
.2 14 Mar. - notes on Miss M.E. Wood’s information and on sharing of confidences. 5 pp. (autogr. EJL and MEW)
.3 1 Apr. - makes further suggestions including keeping Dr G. Caton Thompson closely informed. 8 pp. (autogr.)
14 Correspondence between Prof. M.A. MacConaill, Dep. of Anatomy, University College, Cork and WBF
.1 15 May, Prof. MacConaill to WBF - expresses willingness to help either financially or as a witness; asks if a writ has been issued against Current Anthropology; encloses copies of letters to RRG (tp.)(/.2-.3 below)
.2 7 May, M.A. MacConaill to RRG - will write about his reaction to MQ soon (tp. copy)
.3 15 May, ibid. - cannot now comment as a libel action has been instituted against the RAI (tpc.)
.4 14 July, WBF to Prof. MacConaill - thanks him for his ‘generous and heartwarming letter’; delay in replying due to being acting Hon. Secretary, doing jury service, and a bicycle accident; letter reported to Council; informs him of current developments (autogr. draft)
.5 18 July, Prof. MacConaill to WBF - commiserates over his accident; offer to help still stands (tp.)
15 Correspondence between Prof. H.B. Hawthorn, University of British Columbia, Vancouver and WBF
.1 1 June, HBH to WBF - comments that it is ‘an honour to be sued by the MQ’; hopes he will inform anthropologists throughout the Commonwealth and North America if assistance in defence is needed (tp.)
.2 26 Sep.; ibid., - encloses copy of Prof. H.E. Garrett article in the American Psychologist Vol. 17, No. 5, May 1962, pp. 260-3
.3 ‘The SPSSI and racial differences’ by H.E. Garrett, American Psychologist
16 Report of a meeting between WBF and members of the Heraldry Society and College of Heralds, 12 July (autogr.)
1963
17 Correspondence between AHC and Prof. E.R. Dodds, FBA
.1 6 Aug. 1963, AHC to ERD - Kingsley Martin (Editor, New Statesman) said he had been most helpful in the RG case against the NS; would like to call on him (tpc.)
.2 8 Aug., ERD to AHC - when in the Foreign Office Research Dep. in 1944 or 1945 was asked to look into RG’s background; unfortunately he destroyed his notes recently; gives what evidence he recalls (tp.)
18 AHC to Mrs Isabella Athey, New York, 14 Aug. - thanks her for the material sent to Prof. I. Schapera; short of information on Prof. H.E. Garrett (tpc.)
19 Correspondence between Prof. Sir Solly Zuckerman, FRS and AHC
.1 AHC to SZ, 14 Aug. - thanks him for his account of meeting RG; grateful if he could find the documents he mentions (tpc.)
.2 28 Aug., SZ to AHC - his files are being searched for relevant papers; asks about invitation to give the Huxley Memorial Lecture (tp.)
.3 5 Sep., ibid. - Prof. Raffa (his American university works part-time for the Pentagon) was associated with RG in Sicily in 1943; suggests he should ask the Italian educational authorities about his honorary degrees (tp.)
.4 11 Sep., AHC to SZ - is inquiring about RG from the Italians; he was a Prof. of Anthropology at a “W e Free” college [Dep. of Anthropology, Free Church College] in Edinburgh and not of the University; thought a colleague had been in touch over the Huxley Lecture; Council decided to appoint an overseas lecturer for 1964 (tpc.)
.5 13 Sep., SZ to AHC - would like to know what the Italians write of RG; interested to know there is a “We Free” University in Edinburgh (tp.)
5/ Other court actions by R. Gayre and related material
1 New Statesman, 1945
The New Statesman questioned RG’s suitability to be in charge of Army Education in France; RG sued for libel
.1 AHC to Kingsley Martin, former Editor, New Statesman, 23 Apr. 1963 - refers to the libel case against the RAI; inquires whether he has any of the information gathered by Dr Charles Singer in 1945; would be grateful for any help (tpc.)
.2 Kingsley Martin to AHC, 24 Apr. - suggests he should write to the Secretary, New Statesman for details; will look at his file (tp.)
.3 AHC to Kingsley Martin, 24 May - thanks him for the note, the cutting, and for suggesting Prof. Sir Solly Zuckerman as a contact; he has found much of interest in the loaned papers (tp., annotated by KM); see /4/19 above and /5/2.1 below
Correspondence from Dr Charles Singer and Mrs N. Katharin Wells, 19 Mar. - 4 Nov. 1945 on RG and sent to the RAI (/1.4-.9)
.4 Dr Charles Singer (CS) to Mrs B.Z. Seligman, 19 Mar. 1945 - refers to the trouble Prof. C.G. Seligman had with RG in 1936; RG is suing the NS for libel; has correspondence between himself, Prof. Seligman, Prof. H.J. Fleure, and RG; asks if she will forward any correspondence; refers to Dr R.R. Marett and Prof. Sir John L. Myres (tp.)
.5 CS to Mrs N.K. Wells (NKW), 19 Apr. - refers to RG’s pre-war contacts with the Nazi leaders, to the journal he proposed editing from Edinburgh, and to conversation with Prof. Seligman; RG became unacceptable in Edinburgh and moved to Oxford; asks for information on his Oxford stay and German involvements (tp.)
.6 NKW to CS, 20 Apr. - met RG in Edinburgh; he wished the Scottish Anthropological Society to join with a Scandinavian Group to give a new basis for their work; the Scots were ‘nettled’ by the treatment from London and RG persuaded them to sponsor a questionnaire; it was in German and English; describes meeting at RG’s house; met him again at Oxford; said he spent half his time in Berlin and was paid a ‘very handsome salary’ by the Nazis; met Prof. Seligman who was angered by an article in the Edinburgh Evening News implicating the Scottish Anthropological Society; he was writing to Prof. Rose (tp., with annotation by NKW)
.7 NKW to Kingsley Martin, 20 Apr. - encloses CS’s letter (1/.5 above); confirms her views on RG; has asked CS to send him her letter (/1.6 above)(tp.)
.8 CS to Kingsley Martin, 23 Apr. - encloses NKW’s letter (/1.6 above); NKW a very friendly witness; she could give the names of members of the Scottish Anthropological Society who could be questioned; suggests RG’s reasons for leaving Edinburgh would provide the evidence needed (autogr.)
.9 Summary of NKW’s recollections of RG, 11 Oct.
.10 Note on views of RG on New Statesman & Nation paper (autogr.)
2 Sunday Times, Johannesburg 1962-3
The Sunday Times published an article, ‘Pro-apartheid Scot’s visit causes stir’; RG sued for defamation
.1 WBF to Mr S [sic], 6 July 1962 - has heard of his involvement in litigation with RG; hopes to meet him when he is in London; asks for name of his solicitor so as to compare notes with the RAI’s (draft autogr.)
.2 Dr H. Lehmann to AHC, 29 Oct. - encloses cuttings on RG’s visit to South Africa [none present](tp.)
.3 Kingsley Martin to AHC, [24 May 1963] - note enclosing cutting on court decision on Sunday Times case and note on Prof. Sir Solly Zuckerman (see /5/1.3 above)
.4 KB to AHC, 7 Oct. - informs him that a partner in the solicitors acting for South African Associated Newspapers will be in London and wishes to discuss the matter; suggests AHC should be present; encloses points of discussion sent (/2.3 below)(tp.)
.5 Gayre versus SA Associated Newspapers, points of discussion. 3 leaves (tpc.)
.6 Note by AHC on meeting, 16 Oct.; agreed Sunday Times would appoint KB as London agents to facilitate privileges, dated 21 Oct. (autogr.)
6/ Legal action 1962-5
Kimber Bull & Co., solicitors acted for the RAI and Rubinstein, Nash & Co., solicitors for Lt. Col. Robert Gayre of Gayre, Prof. Henry E. Garrett, and Prof. R. Ruggles Gates
1962
1 RN to RAI, 14 Feb. 1962 - have advised their clients that the publication of BS’ letter in Man, Nov. 1960, Item 215 has seriously libelled them; instructed to take proceedings; asks for the RAI solicitor’s name (tp. copy); copy of RAI’s reply of 15 Feb. naming their solicitors not retained; RN’s acknowledgement of 16 Feb. not retained
2 AHC to KB, 15 Feb. - encloses copy of letter from RN with copies of letter in Man, Nov. 1960 and other relevant publications in Man (tpc.); KB’s acknowledgement of 20 Feb. not retained
3 KB to AHC, 26 Feb. - confirms writ of summons claiming damages for libel received; ‘Statement of Claim’ enclosed (/4 below); writ of summons being entered (tpc.); Statement omitted but sent 27 Feb.
4 ‘Statement of Claim’ dated 24 Feb. 1962. 8 pp. (tp.)
5 Proposed statement to the Council regarding writ, 1 Mar. (tpc.); see Council minutes, CM/91/6, Item 5b; see also /4/7,9 above for reference to correspondence with Prof. Sol Tax
6 KB to AHC, 7 Mar. - report on instructions to Counsel, Neville Faulks, QC and junior Counsel, Peter H.R. Bristow (tp.)
7 Ibid., 21 Mar. - advises on danger in publishing Lord Raglan’s letter in reply to RRG’s letter in Man, Jan. 1962, Item 7 (see /2/1-4 above); encloses Counsel’s opinion and draft defence (/8-9 below)(tp.)
8 Opinion, signed Peter Bristow; states ‘I would expect the defence to succeed.’ (tp.)
9 Defence, signed Peter Bristow (tp.); note agreeing by AHC attached (autogr.)
10 Telephone conversation with KB and WBF, 6 Apr. - on possible detection of some Advisory Board members of the MQ; it would be dangerous if the RAI ‘were identifiable as the source’; reports on information in the Evening Standard and the Daily Telegraph (tp. signed WBF)
11 Report by WBF of meetings with Dr Hermann Lehmann (HL), 8 Apr. - HL reported that RRG had approached him; HL as a friend urged him to drop the case; RRG intended to ask RG to withdraw the writ; Evening Standard publication might make withdrawal impossible; KB advised HL to suggest to RRG that his solicitors should approach the RAI’s; a formula might be feasible (tp., signed and annotated by WBF)
12 WBF to KB, 28 Apr. - before rejecting terms offered by RN, suggests using them to find out their specific objections in BS’s letter (autogr.)
13 KB to WBF, 30 Apr. - his suggestions have been conveyed to Counsel (tp.)
14 Statement on writ published in Man, May 1962, Item 110; text as approved by KB (tp., annotated by WBF)
15 KB to WBF, 3 May - substance of conversation between HL and RRG conveyed to Counsel; KB discussed matter with RN; terms of settlement listed; RN informed action was fair comment and an apology unlikely; RN stated they would show ‘express malice’ on the RAI’s part due to the formation of the Scottish Anthropological Society as a rival; lists Counsel’s advice including estimated costs. 4 leaves (tp.)
16 WBF to KB, 6 May - excellent account of situation read to Council; shocked at size of expenditure possible; strong feeling against compromise whatever the cost; unable to think of any apology acceptable; might agree to a statement that the RAI does not necessarily agree with BS’s or any other contribution; agrees that Peter Bristow’s talk with P. Colin Duncan (Counsel for plaintiffs) may go ahead; RAI supported by many great institutions abroad (autogr.); KB’s reply of 8 May stating his letter has been sent to Counsel, not retained; see Council minutes, 3 May 1962, CM/91/8, Item 8
17 Report by WBF of a conversation with KB, c. 7 May - RN stated their clients were not prepared to let P. Colin Duncan meet Peter Bristow unless terms were first agreed in principle; no meeting could take place unless their attitude changed (autogr.)
18 Dr E.J. Lindgren to Sir George Beresford-Stooke, KCMG (Hon. Treasurer), 18 June - on a Defence Fund vs Endowment Fund (tp., annotated by Sir George); see also /1/8 above; and Standing Committee, A76, Vol. 1, f. 12 for discussion of funds for the defence
19 KB to AHC, 11 July - reports meeting of Peter Bristow and P. Colin Duncan; draft statement submitted to latter and amendments made; not yet seen by Council; HL phoned for news as under pressure from RRG; asks for views of Council on draft statement (tp.)
20 Sir George Beresford-Stooke to AHC, 12 July - if RG and other plaintiffs accept Peter Bristow’s draft, considers RAI should accept it (autogr.)
21 KB to AHC, 18 July - encloses draft statement as amended by plaintiffs (/22 below)(tp.)
22 Draft statement to be read by Counsel for the plaintiffs in Court prepared by Peter Bristow. 3 pp. (tp. with amendments in red, and annotation by WBF); note by AHC on rejection by Standing Committee, 2 Aug. (autogr.); see Standing Committee, A76, Vol. 1, f. 13, 2 Aug. 1962
23 KB to AHC, 27 Aug. - has informed RN that amended draft statement was not agreed; prepared to continue negotiating unamended draft statement; RN would proceed as the terms were unacceptable to plaintiffs (tp.)
24 Ibid., 13 Sep. - reports Counsel ‘remains of the opinion that there is a reasonable chance of success in defeating the claim’; still considers c. £500 should be reserved to avoid risks of this type of action; plaintiffs will contest claim at every stage; if negotiations are to be continued letter should inform RN that alterations to draft cannot be accepted; Counsel must know maximum terms acceptable; obituary of RRG (d. 12 Aug.) should be drafted as if no action had been started; Counsel would like to see draft (tp.)
25 Ibid., 1 Oct. - RN have given notice of application to Court for directions regarding trial; do not intend that summons should deter RAI from discussing matter through KB (tp.)
26 AHC to WBF, 2 Oct. - gives Counsel’s view on RRG obituary; plaintiffs appear to insist on damages; Standing Committee feels action must take its course; asks if WBF has any other views (tp.); see Standing Committee, A76 Vol. 1, f. 14, 25 Sep. 1962
27 AHC to KB, 12 Oct. - reports Standing Committee refuses to accept proposed settlement (minuted by Council) RAI will defend the action and is not prepared to settle out of court on ‘terms substantially different’ from original proposal (tpc.); letter of 12 Oct., giving Council’s endorsement of Standing Committee’s action, not retained; see Council minutes, 11 Oct. 1962, CM/92/1, Item 5b, and 8 Nov., CM/92/2, Item 1c
28 KB to AHC, 15 Oct. - thanks him for instructions; Counsel considering if any other directions are required (tp.)
29 WBF to KB, 20 Oct. - reports on RRG’s obituary; asks if Counsel has any objection to it; confirms his readiness to publish a reply to BS’s letter (autogr. draft and tp. copy)
30 Dr Herman Lehmann to AHC, 21 Oct. - with RRG’s death feels free to inform him of RRG’s distress at the libel action and his efforts to stop it; he said was getting a sum of money for the RAI; reports on RG’s South African visit and his support for apartheid (tp.)
31 KB to AHC, 22 Oct. - informs him Counsel advises an application for an order that plaintiffs answer on oath as to whether they informed BS of the policy of MQ’s Advisory Board (tp.)
32 WBF to KB, 23 Oct. - on letter from Mrs Ruggles Gates; she hopes he can attend memorial service; proposes to attend unless advised to the contrary (autogr. copy)
33 KB to WBF, 25 Oct. - draft obituary approved; trial unlikely before Feb. or Mar.; offer to publish a reply to BS’s letter not given so far; ready to inform RN this facility is available; will mention it to Counsel (tp.)
34 WBF to KB, 26 Oct. - on offer to publish reply to BS’s letter, states this is the custom which he emphasized to RRG on his visit of 12 Apr. 1961; later RRG informed him no proceeding would be taken; refers to Man’s readership and their assumptions; suggests RAI should try to recover costs if case is successful; has gathered the financial backing is coming from the USA (autogr draft and tp. copy)
35 KB to WBF, 29 Oct. - has written to RN asking if plaintiffs would deposit a sum of money as security, suggested £1000; RN replied RAI not entitled to security; prepared to advise clients to pay £100 into court; considers this unsatisfactory (tp.)
36 AHC to WBF, 5 Nov. - date of hearing adjourned until 16 Nov.; Counsel wishes to argue for security for costs and for a sworn interrogatory to be put to plaintiffs; asks WBF to conduct any correspondence with solicitors through RAI office to ensure a complete file (tp.)
37 KB to AHC, 16 Nov. - lists order for directions (8 points) made at the hearing and Counsel’s opinion; autogr. note by WBF on point 2 (attached) and on reply to BS’s letter; he had explained to KB that it should be emphasized that right of reply was a well established feature of the RAI and other learned societies (tp., and autogr. note by WBF)
38 KB to WBF, 29 Nov. - wishes to arrange appointment to discuss his evidence; sets out order for directions; mentions documents to be disclosed and excluded; Counsel advises no further negotiations at present (tp.)
1963
39 KB to AHC, 14 Jan. 1963 - informs him plaintiff has paid £250 into Court; Counsel settling particulars on which to base RAI’s case of fair comment; affidavit to be sworn; will give an estimate of KB’s costs to date (tp.)
40 AHC to KB, 21 Jan. - since a new Counsel is necessary, Standing Committee wishes to continue in specialist hands; makes a suggestion (tpc.); see Standing Committee, A76, Vol. 1, ff. 29-30, 9 Jan. 1963
41 KB to AHC, 25 Jan. - confirms that Mr Milmo should be retained (tp.)
42 KB to WBF, 31 Jan. - encloses draft proof of WBF’s evidence (/43 below); asks him for his revisions; asks him three points arising from his evidence (tp.)
43 Draft proof of WBF’s evidence. 3 leaves (tpc.)
44 KB to AHC, 31 Jan. - encloses copy of WBF’s evidence and copies of letters received from solicitors acting for South African Associated Newspapers; considers it wise to collaborate with them; proposes to communicate with Royal College of Heralds; asks about documents and draft of statement he might give; gives estimate of costs to date (tp.)
45 WBF to KB, 26 Feb. - regrets delay in replying to letter of 31 Jan. (/42 above); has been in USA; is not quite satisfied with draft proof of evidence; gives date of brief conversation with BS; has not found any subsequent correspondence (autogr. draft)
46 KB to WBF, 5 Mar. - will try to arrange meeting with Counsel to be attended by him and AHC (tp.)
47 Ibid., 7 Mar. - encloses recopied proof (/48 below); sent to Counsel; confirms meeting next day (tp.); KB’s letter to AHC, 7 Mar. enclosing recopied proof and confirming date not retained
48 Proof of WBF’s evidence. 3 leaves (tpc.)
49 AHC to KB, 12 Mar. - gives his view of BS’s professional reaction to MQ (tpc.); KB’s acknowledgement, 20 Mar., not retained
50 KB to AHC, 26 Mar. - encloses copy of Particulars (/51 below) upon which the RAI and WBF base their defence of fair comment; asks him to inform him if he agrees (tp.); KB’s letter to WBF, 26 Mar., enclosing copy of Particulars not retained
51 Particulars of paragraph 5 of the defence...16 Nov. 1962. 3 leaves dated Mar. 1963 (photocopy)
52 AHC to KB, 27 Mar. - confirms that Particulars should be delivered (tpc., with autogr. note by AHC)
53 WBF to KB, 27 Mar. - Particulars seem excellent; but raises two points (autogr. copy)
54 KB to WBF, 2 Apr. - Particulars delivered as they stood; his additional observations will be included in his proof (tp.)
55 KB to AHC, 21 June - encloses copy of Reply (56 below); plaintiffs will deliver soon the answers to the Interrogatories; plaintiffs now widening area of controversy (tp.)
56 Reply by the plaintiffs, 18 June 1963. 3 leaves (photocopy)
57 KB to AHC, 1 Aug. - has obtained from Counsel (Peter Bristow) his Request for Further and Better Particulars of the Reply; encloses copy (/58 below)(tp.)
58 Request for Further and Better Particulars from the plaintiffs, 31 July 1963. 2 leaves (carbon)
59 Peter Bristow (Counsel) to AHC, 1 Aug. - thanks him for the literature and invitation to seminar (autogr.)
60 AHC to KB, 7 Aug. - has just interviewed Josef Brozek, Prof. of Psychology, Lehigh University, Bethlehem, PA; has known BS all his life; provided much information including the reason for his internment in Dachau; is prepared to testify (tpc.); KB’s letter of acknowledgement, 8 Aug., not retained
61 Ibid., 9 Aug. - advised that inquiries on RG’s confidential intelligence activities against the Nazis before 1939 should be addressed to the Principal Secretary of State for Foreign Affairs (tpc.)
62 KB to AHC, 19 Aug. - information from Prof. Brozek should be very useful; has written to Secretary of State for Foreign Affairs; will be in touch with UK solicitors of South African Associated Newspapers (tp.); see Council minutes, 10 Oct. 1963, CM/93/1, Item 5a
63 Ibid., 2 Sep. - statement of fees to date received from Peter Bristow; suggests payment (tp.)
64 AHC to KB, 10 Sep. - encloses cheque; will report on correspondence with Prof. Sir Solly Zuckerman soon (see /4/19 above)(tpc.)
65 Ibid., 16 Sep. - asks if he has inquired about RG’s Italian honorary degrees; inquires if Foreign Office has replied (tpc.)
66 KB to AHC, 23 Sep. - encloses copy of reply from the Università di Messina (/67 below); gives translation of eulogy; has written reminders to Palermo and Naples; University of Edinburgh has confirmed RG’s MA in Geography; Foreign Office informs him inquiry has been passed to the War Office (tp.)
67 Citation from the Università di Messina for the degree of doctor of philosophy ad honorem, 21 Dec. 1943 (photocopy)
68 KB to AHC, 26 Sep. - reports that RG offered his services to the War Office in 1939, i.e. 1938; his offer was declined (tp.)
1964
69 AHC to KB, 5 Feb. 1964 - requests provisional answers on two points for Council at which he hopes terms of the settlement will be approved (tpc.)
70 KB to AHC, 25 Feb. - reports on letter from the Treasury Solicitor to which the War Office referred the correspondence; records show that RG sent reports to British Intelligence on his own initiative before the war and during it; his work was unsolicited; case slightly weakened (tp.)
71 Ibid., 14 May - regrets to report that South African Associated Newspapers has agreed to a settlement of a payment (c. £500) and a ‘terse apology’ in view of the expense (tp.)
72 AHC to KB, 19 May - in view of South African settlement seems important to confine the case to BS’s letter (tpc.)
73 KB to AHC, 22 May - lists the issues in the South African case; also lists issues ‘which range round the letter’ in addition to ‘whether or not the words were defamatory, fair comment, and qualified privilege’ (tp.)
74 Ibid., 27 May - is delivering a list of documents to RN; is pressing RN ‘to set the action down for trial’ (tp.)
75 Ibid., 3 June - encloses copy of Short Opinion on suggestion by RN that solicitors and Counsel should try to arrange terms of settlement (/76 below)(tp.)
76 Opinion on Settlement, 3 June 1964; plaintiffs’ solicitors have suggested a further attempt at compromise; terms of proposed settlement listed; considers RAI has reasonable prospect of success; but, however strong the case, ‘until the jury’s verdict has been given no one knows’; advises RAI ‘to settle ... if they reasonably can’. 4 leaves (autogr. photocopy); see Council minutes, 4 June 1964, CM/93/6, Item 12
77 KB to AHC, 15 June - encloses copy of letter sent to RN (/78 below); RG’s instructions are being obtained (tp.)
78 KB to RN, 11 June - clients prepared for Counsel to meet to explore possible settlement; if agreement is reached on a statement, it will be made in open court; lists terms of a settlement (tp. copy); see Council minutes 8 Oct. 1964, CM/94/1, Items, 7(a)ii, 11
79 KB to AHC, 26 June - gives RN’s reply: considers advantageous for solicitors to join Counsel at meeting; wishes a sum of damages has been paid to a named charity to be cited; RN gives revised estimate of costs (tp.); see Council minutes, 5 Nov. 1964, CM/94/2, Item 9
80 Ibid., 1 Sep. - has to deal with the terms proposed by RN; asks if he is satisfied with the alleged charitable work of the Order of St Lazarus (tp.)
81 Ibid., 9 Dec. - encloses draft statement which has been agreed (/82 below); Counsel (Peter Bristow) feels there could be no objections (tp.)
82 Draft statement to be read by Counsel for the plaintiffs in Open Court. 2 leaves (photocopy)
1965
83 KB to AHC, 9 Feb. 1965 - encloses Counsel’s opinion in answer to his letter (Counsel’s opinion and AHC’s letter not present) suggests he should delete the whole of BS’s letter from Man, Nov. 1960; it could then be distributed; will let him have the amount of the bill (tp.); see Council minutes, 11 Feb. 1965, Item 96
84 Ibid., 10 Feb. - gives firm’s costs plus disbursements; gives figure they will accept as they are honorary solicitors and the RAI a charity (tp.)
85 AHC’s financial figures (autogr.)
86 AHC to KB, 15 Feb. - reports Council has accepted draft statement of settlement unanimously; expresses gratitude for his generous proposals over the firm’s bill (tpc.); see Council minutes, 11 Feb. 1965, Item 9
87 KB to AHC, 9 Sep. - thanks him for his remarks; comments on the reprint of The Times Law Report and deletions (see /1/11-13 above)(tp.)
7/ Related printed matter
1 ‘“Scientific” racism again?’ by Juan Comas, Current Anthrop., Vol. 2, No. 4, Oct. 1961, pp. 303-40
2 The South African Observer, Vol. 7, No. 10, Mar. 1962, pp.3 5: ‘Statements of Professor Tobias examined: The “Sunday Express” - and its scientific authorities’, by RG
3 Newspaper clippings on RG from: 1962: a) Sunday Telegraph, 12 Aug., b) Daily Telegraph, 20 Aug., c) Edinburgh Evening News, 10 Sep.; 1964: d) The Press and Journal, 24 Apr. entitled, ‘Clan chief sues for £10,000 in S. Africa’, e) The Times, c. 10 May entitled ‘Anthropologist sues for £10,000’
4 Officers and Council of the Scottish Anthropological Society, 1934-5, pp. 5-6. Editorial by G.R. Gair, Hon. Editor (photocopy)
5 Institute of Anthropology, Department of Anthropology and Allied Sciences, Free Church College, Edinburgh, including regulations, classes, and lectures, 28 Mar. 1951. 4 leaves (photocopy)
8/ Later printed matter. 1994-95
1 ‘Much ado about IQ’ by Hans Eysenck, Times Higher Education Supplement, 11 Nov. 1994 (photocopy)
2 ‘The Mankind Quarterly’ by Edward Pilkington, The Guardian, 15 Nov. 1994 (photocopy)
3 ‘Racism and the barmy Laird of Nigg’ by Magnus Linklater, The Times, 23 Nov. 1994 (photocopy)
4 ‘The tainted sources of ‘The Bell Curve” by Charles Lane, New York Review of Books, 1 Dec. 1994
5 ‘Clever measures’ by Hans Eysenck, Times Higher Education Supplement, 27 Jan. 1995
6 ‘Mankind Quarterly again’ by Roland Littlewood, Anthropology Today, Vol. 11, No. 2, Apr. 1995, pp. 17-18
9/ Later correspondence. 1972-97
1 The Sunday Times to the RAI, 25 Mar. 1972 - returns correspondence and documents lent in connection in their action with RG (/2 below)(tp.)
2 List of documents returned by the Sunday Times by Tony Geraghty and a guarantee that the RAI will not be involved in any court case (autogr.)
3 Mrs Sheila Patterson, Editor, New Community to RAI, 18 July 1975 - planning to review RG’s Miscellaneous racial studies, 1943-1972; wishes a solicitor to see the review before publication; asks for the name of solicitors who represented the RAI (tp.)
4 Alistair Richardson to RAI, 8 Jan. 1997 - encloses material on RG including pages from his autobiography, 1887 (see also /4 above) and draft of his article for the [Glasgow] Herald (/5 below)(photocopy)
5 Draft article on RG by Alistair Richardson. 3 leaves (photocopy)
10/ Halil v. Guardian Newspapers Ltd., 1986
1 Geraldine Proudler, Lovell, White & King, Guardian’s solicitor (GP) to Jonathan Benthall, Director, RAI (JB) 31 Jan. – trial to commence 3 Feb.; encloses copy of the Guardian article; copies of articles published by Kiamran Halil (KH) in MQ; copy of statement signed by JB; bundle of pleadings; would be grateful if JB could confirm that RAI’s decision not to subscribe to MQ predated the change in its nature when it became less extreme; would be helpful to have statement read in open court at settlement of the Gayre trial. 2 leaves (tp.)
Items referred to in A98/10/1:
.1 Article from the Guardian ‘Race theories of civil servant in bias inquiry / Official’s magazine article on ‘cross-breeds’, 21 Feb. 1983 (photocopy; numbered 1)
.2 KH, ‘The Structure of the Turkish-Cypriot Race’. 11 leaves (photocopy, numbered 4-14)
.3 Ibid., ‘The Janissaries – A Form of State Slavery in Ottoman Turkey’. 4 leaves (photocopy, numbered 15-18)
.4 Ibid., ‘Anthroposcopical Evaluation of Negro-White Cross-breeds’. 7 leaves (photocopy, numbered 21-27)
.5 Ibid., ‘Mules and Mulattoes’. 8 leaves (photocopy, numbered 31-38)
.6 Statement of JB, 27 Apr. 1983 – brief outline of RAI’s activities; its library takes in almost all important anthropological journals; does not subscribe to MQ on principle; refers to RG libel case in early 1960s; has read KH’s articles [A98/10/1.4, A98/10/1.5]; some of the passages appear to be expressions of prejudice; some statements ridiculous. 5 leaves (tpc.)
.7 Bundle of Pleadings. 33 leaves (bound)
2 JB to GP, 3 Feb. 1986 – RAI library decided in 1960s not to subscribe to MQ; since 1976 RAI library merged with Museum of Mankind library at British Museum; RAI aware of change of editorship of MQ in c. 1979 but no recommendations put forward to subscribe; cannot find copy of final statement read in court at RG case; encloses copy of a Draft, believed to be identical or very similar [final statement at A98/6/82] (tpc.)
.1 Draft Statement from RG case. 4 leaves (tpc.)
3 GP to JB, 6 Feb. – thanks him for letter of 3 Feb. and Searchlight article on academic racism; KH likely to call RG as witness; would be grateful for final statement read in court in RG case; also for copy of letter from BS published in ‘Man’, Nov. 1960; this important as suggestions made in present case that MQ had Nazi sympathies (tp.)
4 JB to GP, 7 Feb. – regrets that solicitors cannot find final statement read to court in RG case; believes draft statement to be very similar; encloses copy of BS’s letter as published in Man; Sir Edmund Leach would make excellent witness; suggests as witness with no connection with RAI Prof. Walter Bodmer; WBF and Miss Brownlee Kirkpatrick both confirm that RAI did not subscribe to MQ on principle; refers to note by Dr Marian Smith in which she expresses view that library should subscribe to MQ as it should not collect only those items of which it approves; she was outvoted by Committee (tp.)
.1 Copy of BS’s letter published in Man, Nov. 1960 as referred to in A98/10/4. 2 leaves (photocopy)
.2 Dr Smith’s note as referred to in A98/10/4 (photocopy)
5 GP to JB, 21 Feb. – thanks him for assistance; verdict expected Monday or Tuesday (tp.)
6 Article from the Guardian ‘Ex-civil servant awarded £61,000 over libel’, 26 Feb.
7 GP to JB, 26 Feb. – refers to article in Guardian on ‘astonishing’ outcome of action; disappointed by verdict which in her opinion resulted from unhelpful summing up from judge and mis-direction on law; Guardian considering appeal (tp.)
8 JB to John Whitmore, Legal Director, Commission for Racial Equality, 26 Feb. – encloses Guardian article of 21 Feb. 1983; jury evidently thought racial discrimination not demonstrated; a ‘serious matter that a senior civil servant should have written the articles described’; matter of concern that Guardian should run into such trouble in drawing attention to the articles (tpc.)
9 John Whitmore to JB, 30 Apr. – has spoken to Guardian’s Counsel about the case; Court of Appeal may hear appeal in October; shares concern about the case (tp.)
10 GP to JB, 12 Dec. – encloses copy of report in Guardian of judgment given by Court of Appeal on 28 Nov.; two principal criticisms of summing-up of the judge (tp.)
.1 Article from the Guardian, 29 Nov., ‘Libel retrial ordered’ (photocopy)
11 JB to Sir Edmund Leach, 16 Dec. – encloses copy of GP’s letter [A98/10/10] and Guardian article [A98/10/10.1] (autogr. note)
12 Sir Edmund Leach to JB, nd, – thanks him; hopes not to go through all this again (autogr. note)