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11 June 1936
A libel case brought forward by two well known wrestlers, heard at Liverpool Assizes, resulted in £1,100 damages being paid out by promoter William Bankier.
Ivan Seric, who wrestled as Jack Sherry, and William John Garnon, that’s Bulldog Bill Garnon, sued Bankier, Walter E. Jones, who traded as The Pylon Publishing Company, and Liverpool Stadium Ltd.
Mr D.P. Maxwell Fyfe, representing Seric and Garnon, alleged that promoter Bankier had used a Liverpool Stadium wrestling programme to make a brutal attack on their honesty and standing. The offending programme referred to a contest between Sherry and Garnon in July, 1935 at the Stanley Greyhound Track in Liverpool. The contest was promoted by Atholl Oakeley, a bitter rival of Bankier.
“Believe it or not, Jack Sherry and Bulldog Garnon are advertised to wrestle for the world heavyweight championship. The prices are low as 6d. All I can say is that 6d is much more than it is worth. The impertinence of billing this as a world’s championship is certainly going a bit far. Oakeley, Sherry and Garnon are to be blamed for this attempt to obtain money by false pretences.”
The programme went on to state that Sherry had never been World Champion, and never would be.
In his defence Bankier’s counsel claimed Sherry had been beaten four times by American World Heavyweight Champion, Strangler Lewis. He alleged the description of the match as a world heavyweight championship was bogus or fraudulent.
Whilst conceding there was no such thing as an official world all-in wrestling championship Seric said there were four claimants and his claim was justified, based on a match planned between Lewis and himself in Philadelphia in 1934. Seric said Lewis had failed to turn up for the match, thereby forfeiting the title and leaving himself champion. Seric claimed he had been defeated only seven times in his career, six times in the U.S.A. and once in Alaska, with a 100% record in Europe except for one drawn match.
The court were told that on an earlier visit to Britain Seric had worked for Bankier, who at the time advertised him as world champion. On his return to Britain Bankier had told Seric that he would not employ him unless he ceased wrestling for Atholl Oakeley, which Seric had refused to do. Bankier admitted this had made him angry.
Seric and Garnon’s counsel claimed that Bankier’s article inferred the match was worthless and they had attempted to obtain money by fraudulently misleading the public. On the second day of the trial Bankier told the judge he had now changed his opinion and that the two men had not knowingly attempted to obtain money fraudulently.
The judge at Liverpool Assize Court, Mr Justice Lewis, found the argument of Seric and Garnon the most persuasive, and on the third day of the hearing declared that all-in wrestling was a sport of which participants were proud and their reputations as valuable as that of a doctor! He awarded £800 damages to Seric and £300 to Garnon.
Oakeley continued to bill Sherry as world champion, and now justified the claim based on the ruling of the court.
In May, 1937 Bankier appealed against the decision on the grounds of new evidence that had come to light. Strangler Lewis had subsequently filed an affidavit stating he had defeated Sherry on the four or five occasions they had met, the last occasion being in New York in 1932. Lewis asserted that at no time was Jack Sherry the World Heavyweight Champion.
Lord Justice Greer dismissed the appeal, describing it as a “hopeless application”
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