Atlanta Daily World

Rev. Henderson Wins Reversal In $14,000 Calif. Libel Suit
BY LAWRENCE F. LaMAR

LOS ANGELES - In a decision, perceived by many to be "far reaching," the District Court of Appeals reversed a decision of a trial court jury awarding an amazing sum for damages to two members of the trustee board of fashionable Second Baptist church against the pastor and three members of the Deacon Board on the theory the pair had been libeled.

The trial court decision after hearing the charges brought by an ex-pastor, Mr. A. L. Brewer and E. W. Fisher, was of the opinion that allegations charging the two men of taking stands not deemed proper in the ordinary business and charitable ends of the church, were not "privileged communications," and therefore those responsible for the publication of the objectionable matter had libeled the defendants.

Fisher and Brewer, both long-time members of the church in asking the trial court for the sum of $100,000 told the court that as a result of the charges read against them, the "hand of fellowship had been withdrawn."

Judge Alfred L. Bartlett presiding at the trial which lasted through three weeks of arguments, awarded the two men a judgment of $14,000 against Rev. J. Raymond Henderson, pastor of Second Baptist church; and its chairman and secretary of the Deacon Board, John H. Hilton and R. A. Hudson.

FINDINGS MADE PUBLIC

Atty. Thomas L. Griffith, Jr., who represented the church and its pastor and two officers during the trial, vigorously contended that his clients were distinctly within their rights when they made public the findings of the church disciplinary body. The lawyer who is also president of the local branch of the NAACP, further contended that the remarks in addition of being privileged communications, were made only as a part of the lawful and proper proceedings of the corporate body.