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Notes of Meeting Between Constable & Co., Publishers of Laughing Torso & Waterhouse & Co., Solicitors for Constable & Co.
[Correspondence concerning Constable & Co.'s preparation for the libel suit brought by Aleister Crowley against Nina Hamnett and the publication of her book Laughing Torso.]
[circa October 1932]
THE LAUGHING TORSO LIBEL SUIT
I met [Cecil W.] Lilley, who has been retained as Common Law counsel, and [Charles] Harper and Friday afternoon and the two point to be decided were
1. Our immediate procedure in the matter of selling or not selling the book.
2. Probable future developments of the case.
With regard to (1) Lilley is perfectly clear that not only ought we not to allow copies of the book to go out but we must prevent them doing so.
The refusal of the injunction was made purely on technical legal grounds that, inasmuch as the author was pleading justification and could not be injuncted, it would be unfair to her formally to prevent the continued circulation of her book by injuncting the publishers. This at first sight looks like a free permission to go ahead; but Lilley points out that our position is peculiarly delicate one in that we do not know whether the author will be able to prove justification; we do know that, if for any reason she fails, we shall be dropped on very much more heavily for having gone on selling the book between the preliminary hearing and the trial. I queried whether, if we refused to sell it now, we should not expose ourselves to attacks from the author. In reply to this Lilley gave it as his opinion that we are protected by the judges words "it is not in dispute that there are two passages defamatory to Mr. Crowley". This statement quite apart from the references to possible obscene libel could, he thinks, be successfully used by us to justify our refusal to continue distributing the book.
Accordingly it is most important that no copies should be supplied to anyone save to Messrs Waterhouse and at their request. I attach a verbatim report of the judgement, which please return to me for file when read.
One further point emerged from the Conference with Lilley, which is unfavourable to our prospects. Namely, that in a case like this damages are not divisible. Damages in any, will be given against all the defendants, and they will have to find the money between them. This is equivalent to saying that C[onstable] & Co will carry the baby.
2. The next development is going to be the examination by Mr. Harper of the anti-Crowley material in the possession of Nina Hamnett's solicitors. This will enable us to judge better their chances of justifying the libel.
In the meantime, Crowley will probably be preparing a statement of claim,—listing the passages in the book to which he objects and maybe stating his claim for damage. It is thought to be unlikely that, even if he backs out at the last minute, he will show sign of doing so until very shortly before the trial. We may then be approached with a suggestion of settlement. Apparently we must not ourselves think of approaching the other side at this juncture.
For your information, I attach a copy of a private letter addressed to Mr. Kyllmann by Miss Violet Hunt. This letter at Harper's instruction has been sent to him, and he will approach her in connection with preparing our defence. He will be able to let her have a copy of the book but we must not send one direct. I have acknowledged Miss Hunt's letter.
Incidentally—the justification of booksellers and librarians having copies of the book already in stock is ruled different from ours. They are relieved by the refusal of the injunction of any need for restraint. They are free to circulate as usual, but they cannot get fresh supplied from us because we, for other reasons, must nor issue any copies.
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