Full text of writ served ou editors

' Vancouver City Police.

to pass without correcting.

Negro with a small “n”

Oe THE Plaintiff, Daniel Brown,
: is a Police Officer and re-
~ sides at 75 East 58rd Avenue, in the
_ City of Vancouver, in the Province
Ok British Columbia. \
THE Defendant, Union Print- |
ers Ltd., is a body corporate
duly incorporated pursuant to the
laws of. the Province of British
Columbia and has its registered
office at 550 Powell Street, in the
_ City. ef Vancouver, in the Province
of British Columbia.
ae The Defendant, Tribune
‘Publishing Co. Lid. is a "body
corporate duly incorporated. pur-
to the laws of the Province
of ritish Columbia and has its reg-
_ istered: office. at’ 424 Main Street,
im the City of Vancouyer, in the
_ Province of British Columbia.
eS THE® Pacific Tribune is a
<y Vancouver newspaper: which
is published weekly by the said
e Publishing Co. Ltd., and
printed by the oe Dales,
Printers Ltd.
+5 _ THE Defendant, phouns Me
‘Ewen, is) the (Editor of the
‘said’ Pacific. Tribune and resides at
2135 West 6th Avenue, in the City
of Vancouver, in the Province of
_ British Columbia. The Defendant,
_ Harold Griffin, is the Associate Edi-
_tor of the said newspaper; and re-
sides at 190 North Ellesmere Street,
_ in the Municipality of Burnaby, in
the Province of British Colambia.
~The Defendant, Elgin Ruddell, is
Business. Manager of the said news-
_ paper, and resides at 1178 East 14th
Ayenué, in the City of Vancouver,
oem Province of: British Colum-
G, THE Plaintiff alleges that in
+ the issue of the Pacific Trib-
une Ne August 8, 1952, the Defen-’
dants falsely and maliciously print-
ed and published, or caused to be
printed and published of the ie sam
tiff, ff, the words following:
). Negro Held In Hospital; Beat-
: en by City Cops. _
0) Allegedly the victim of a vic-
ions back-alley beating at the
hands of two Vancouver: police-
men, ‘Clarence Clemens is in a
in

» * :

Talk to
“and white,

: i tell you that the
man responsible for his condi-
tion is “a negro-hating (sic)
cop,” Constable Dan Brown,
one of the “guardians of the

punched, pummelled, and kick-
ed Clemens into insensibility
around 2:50 a.m., July 19, 1952,
in an alley behind the New
Station Cafe just off Main
Street.

received Clarence Clemens has
developed pulmo - pneumonia.
ut if he dies—or lives on as a
cripple—the blame rests on the
: who gave Clemens

hat savage beating ‘which sent
him to hospital.
Incensed at the shocking and

law” who according’ to reports’

(a) ‘As a result of the beating: he}

Following is the text of the writ which has been served. on, the
Pacific Tribune and two of its editors (the name of Elgin Ruddell
has been withdrawn following legal discussions), and the paper’s
printers, in a libel action started by Constable Dan Brown of the

The Pacific Tribune publishes the writ in order to acquaint its
readers with the full details of the action and to make its position
clear on a number of errors contained in the writ.

Some of the errors are of a minor nature, such as incorrect
addresses. One error, however, the Pacific Tribune cannot allow

In five places the writ falls into the chauvinistic error of spelling
(an error the Pacific Tribune did not make)
_ which, by equating Nose with white, denies the Negroes definition
[SNRs 2 people and treats them in a racist sense, on the basis of color.

(f)

(g)

ch)

qT.
(a)

(b)

(c)

(e)

(f)

(eg)

ant brutality shown by

A witness is available who saw

(i) This is a case that the trade

paper for August 15, 1952, the De-
fendants falsely and maliciously
printed and published, or caused to
be printed and published of the
Plaintiff, the words following:

“peace, civic rights‘and justice,”

- States and the. S.S. troops of
(d)

the police, white and negro
(sic) friends of ‘Clemens have
raised money to secure the best
medical help in an effort to
save his life, and have collect-
ed evidence to be used in poss-
ible legal action in the case.

Clemens being beaten by the
two policemen,

“Clarence tells me he was tak-
en to the corner, a cop phoned
for the wagon, then another
cop came up and Brown push-
ed him towards the alley. The
other cop hit him in the face,
swinging him around. Then he
was. knocked down, one- cop
stood on one foot and brought
Clarence’s other leg up in a
Split while the other guy kept
kicking him.”

“.. . (Clemens did some ‘time’
once, and he had been drink-
ing some that night, but that
doesn’t give any policeman the
right to beat him up... .”

unions Committee Against Ra-

cial Discrimination should
thoroughly investigate. If they

find Clemens’ story is true —
and the Pacific Tribune believes
they will—then pressure should
be put on the Vancouver Police
Commission to fire Constable
Brown and any other Negro-
hating officers on the force.
THE Plaintiff alleges that in
the issue of the said news-

‘End Jim Crow in Vancouver.’
During the last month atroci-
ous examples of racial intoler-
ance have allegedly been per-
petrated by our “protectors of

the city police force.

When you read the story of
the Negro, Clarence Clemens,
who today lies gravely ill in
hospital as a result of a sadis-
tic beating he received you are
reminded of the actions of the
Ku Klux Klan in the United

Hitlér’s regime.

Clemens experience is only one
example of many similar cases
that have passed unpublicized
and unpublished. -

Return to beat of cop aecused
in assault on Negro “provoca-
tion.” ,
Constable Dan Brown, one of
the two Vancouver policemen
who, it is alleged, gave a ter-
rible beating to Negro long-
shoreman Clarence Clemens on
July 19, has been returned to
his Main Street district beat in
-a move, which Clemens’ friends’
say, “has all the earmarks of
an act of provocation.”
Clemens, fighting for his life in
Vancouver General Hospital
appears to be winning that

Cop sues Pacific Tribune in libe
action arising out of Clemens ease

charges against the police of-
ficers when he recovers.
“Action of the police depart-
ment in returning Constable
Brown to his beat, looks like
an attempt to stir up trouble.”
a friend of (Clemens told. the
‘Pacific Tribune this week.

‘The Vancouver Sun which has
been given full details of how
Clemens has been beaten up in
‘a back alley, reneged on a re-
porter’s promise to run the
story.
(j) The Pacific Tribune headline,
“NEGRO HELD IN HOSPIT-
AL, BEATEN BY CITY
COPS,” produced’ immediate
repercussions in the police de-
partment, too.
Clemens was allegedly taken up
an alley and severly beaten by
two policemen at 2:05 a.m.
July 19, then taken to Police
Station and charged with as-
saulting an officer.
8. THE Plaintiff further alleges
. that in the issue of the said
Pacific Tribune for August 22, 1952,
the Defendants falsely and mali¢-
iously printed and published, or
caused to be printed and published
of the Plaintiff, the words follow-
ing:
(a) Unions Urge Public Probe in
Beating of Clemens.
Vancouver trade unions, the
League for Democratic Rights,
Citizens’ Committees, and in-
dividuals are taking up the cud-
gels for Clarence Clemens, Ne-
‘sro longshoreman who suffer-
- ed a bad beating at the hands
of two police officers last.
month.

Union officials hae denounced
the “brutal tactics” of the pol-
ice and will recommend that a
public inquiry be held.
Fred Collins, chairman of the
League for Democratic Rights,
told the Pacific Tribune that
the LDR had been conducting
its own investigation and _ is
convinced that Clemens was the
victim of “a sadistic beating
at the hands of Constable Dan
Brown and another officer.”
A group of Negro citizens are.
circulating a Petition demand-
ing the immediate dismissal of
Constable Dan Brown from the
force, because of his behavior
towards Negroes. The Petition
is being signed by individuals
who claim they have suffered
unjustly at Brown’s hands.
Clemens was beaten up in a
back alley near the New Sta-
tion Cafe on July 49, and has
been in hospital for almost a
month.
9. THE Plaintiff alleges that in
the issue of the said news-
paper for August 29, 1952, the De-
fendants falsely and maliciously
printed and published, or caused to
be printed and published of the
Plaintiff, the words following:
(a) Clemens may be crippled for
; life after beating by cops.
(b) Clarence Clemens, Negro long-
shoreman who was allegedly
beaten, kicked and mauled by
two Vancouver policemen on
July 19, is still gravely ill in

(h)

(k)

(b)

(d)

(e)

(f)

(a)

(b)

ber

(a)

the

(a)

4

the

(a)

(b)There are two. worried cops on

10

of the Pacific Tribune for Septem-
ber 12,
ly and maliciously printed and pub-
lished, or caused to be printed and
published of the Plaintiff, the fol-
lowing words:

the New Station Cafe, July 19.

11

of the Pacific Tribune for Septem-

ly and maliciously printed and pub-
lished, or. caused to be printed and
published of the Plaintiff, the fol-
lowing words:

- middle-aged Negro longshore-
12. THE Plaintiff alleges that
newspaper for September 26, 1952,
ously printed
caused to be printed and published
‘of the Plaintiff, the words follow-
ing:

_-ens hospitalized after an al-

acs: THE Plaintiff alleges that
newspaper for October 17, 1952,

ciously printed and published, or
caused to be printed and published
of the Plaintiff, the words follow-
ing:

ing him down kicked, punched
and pummelled him.

It is further alleged by the
Plaintiff that in the issue

1952, the (Defendants false-

“Clemens has been lying in a
semi-paralyzed condition in
General Hospital for about six
weeks while the two policemen
who beat him up are back on
the beat,” said Stewart.

Clemens, 52-year old ‘Negro’
(sic) longshoreman, was aal-
legedly the victim of a brutal
beating. by two Vancouver
policemen in a back alley near

It is further alleged by the
Plaintiff that in the issue

19, 1952, the Defendants false-

Mayor Fred Hume, head of the
Vancouver Police Commission,
was very much on the defen-
sive Tuesday this week when
Alderman ....Archie..P' ro ct or
brought the Clarence Clemens
case before city finance com-
mittee and demanded that an
‘{mpartial inquiry” be held on
the alleged beating of the

man by two city cops, July 19.

in the issue of the said
Defendants falsely and malici-
and. published, or

Condition of; Clarence Clem-

leged beating, at the hands of
two Vancouver Policemen, July
19, is still “unchanged.”

in the issue of the said

Defendants falsely and, mali-

Whitewash of cops feared in
Clemens probe.

the Vancouver Police Force
these days. They are the uni-
formed pair who allegedly
mauled and kicked Negro long-
shoreman Clarence Clemens in-
to insensibility in a back alley
near the New Station Cafe
last July 19.

If he dies the two constables
could be charged with murder
or manslaughter.

On August 8 the Pacific Trib-
une ran a banner headline:
Negro Held in Hospital; Beaten
by City Cops.

Clemens told how Constable
Dan Brown arrested him and
called the wagon from a cor-
ner/ phone box. Then, he said

‘another cop came along and

alley. The other cop hit him :
in the face, swinging Hin oh
around, He was knocked ie Rife
and one cop stood on one fo

* and brought Clemens’ leg UP
in a split while the other ae
kept kicking him. Y

indicated that ae

had @
11) citi-

(f) Investigation
Constable Dan ae
tation amon ee»
ee E a oN egrOrnater” who |
Itked to “act tough” oD the
beat. The fact that @ member o
of Brown’s family had negro
(sic) friends was said to
cause of his racist attimde.

Vancouver branch as
League for Democraul

denounced the “sadistic is
ing” and called for the one )
pension of the two CONSVAN Sa
and a public probe.

5 and ee

(g)

Marine Worker! 4
makers Union demande@.
open inquiry” and ge

letter to the Police :
sion: “oun information is athe

Clemens was brutally act a
by the arresting policeme™,
kicked and punched. - 6:

14, BY the said words,
* Defendants meant e
were understood to mean ee
that the Plaintiff was 4 pruta} eee
istic, undesirable and racially 4 nae
judiced person, who espe ca fnh
ed negroes (sic) and who us
brutal, sadistic tactics to bro ( 3 °)
bully and punish cena
without just cause. ee ae
15, FURTHER, ee ae
words, the pee
meant and were understoo ie
that the Plaintiff by w z
sadistic tactics punched

melled one Clarence.
a state of insensibility-

1G, MOREOVER, a
words, the. Pee eenant
meant and were understood tom
that the Plaintiff did sey
his duties as an officer 1
and that he is not a suit table
tol fulfil the position of an’

of the law.
IN eonsequence ‘ eine
17. lication of the ee
atory words, the Plaintitt | wate ation
greatly injured in his de ena
and in his position &s a :
and a police officer. Lan
WHEREFORE THE 2
i iS:
TIFF CLAIM: ee

(a) Damages bua ae
dants.

(h)

e

BRE

of the Pub”

(b) Costs of this sen

PLACE OF TRIAL:
VER, B.C. -

DATED at the City of
in the Province of B
this 19th day of
1952.

THIS: STATEMENT cade
is filed by Thomas
Barrister & penn:

intiff, whos
a gr address for ger viCe
Inns of Court Building»
Street, Vancouvers

a |

Brown pushed him toward the

General Hospital and may be
crippled for life as a result of
the beating he received.

Clemens was arrested by Con-
stable Dan Brown in front of

(e)

allegedly because he refused the
officers’ order to “go shome.”

(d) According to his story, the

battle and is ees to press

City Policeman took Clemens
up an alley and after knock-

rE

the New Station Cafe, July 19,.

arresting officer and another

STANTON, MUNRO & DEAN —
Solicitors - Notaries”

Barristers
‘SUITE 515

FORD BUILDING
(Corner Main & Hastings Spica!
MARINE 5746

193 E- HAST E

=

_ PACIFIC TRIBUNE — JANUARY 9,