The Cromwell Argus, AN NORTHERN GOLD-FIELDS GAZETTE. CROMWELL: TUESDAY, MAR. 12, 1872

Cromwell Argus, Volume III, Issue 122, 12 March 1872, Page 4

The Cromwell Argus, AN NORTHERN GOLD-FIELDS GAZETTE. CROMWELL: TUESDAY, MAR. 12, 1872

Ox the 27th ultimo, "Thomas Luthet Shepherd, Esq., M.H.R., appeared to an. swer an information laid under the 4th section of the Vagrant Act, that he did in a public place, to wit, in a public rooni of the Queen's Arms Hotel, make use o! threatening, abusive, and insulting word; towards one James Richardson, by callinu him a vile little liar, a little sweep, a d-nj blackguard, and a scoundrel, with an in tent to provoke a breach of the peace." So sayeth the Wakatip Mail of the 28H of February. The circumstances of the case inducim such a charge may be thus epitomised :-. In common with other newspapers, w; have correspondents in adjacent districts In January last our Queenstown corres pondent remarked that " the member for the Dunstan has returned to honour us with his presence. I fear that minim agency will scarcely be so brisk as it was before his departure, now that we have two lawyers in the place." In a later issue appeared the following:—" Another strong supporter of Mr Macassey is your member for the Dunstan, who has to all appearance quite forgotten the energetic manner in which Mr Hallenstein worked to secure his return for this constituency last year. Alas ! for human ingratitude." On the evening of the 21st ultimo, a resident of Queenstown, who is asserted to be the correspondent of this paper, " took up the Cromwell Argus, and commenced readini the Queenstown correspondent's letter aloud." as requested, in Eichardt's Hotel. The member for the Dunstan happened to be in the room when the letter was read subsequent to which the abusive lanrma»e complained of was uttered by him. The defence urged by Mr Shepherd was a; follows :

"The defendant said he was sorry that, vs a public man, he had been forced into Court; l,u: their Worships would, perhaps, bear in mind the fact that it w.ts possible for the greatest ruffian in existence to force the highest of tb< land into Court. He had himself been brought into that Court in the grossest manner possible, after having been insulted hv the complainant in the most open way. For a long time past lit had been attacked by the plaintiff in the column! of the Cromwell piper. He had made it a point to find one the writer, who was the complainant in this action. He (witness) had been continually, as an M.H.R., male a subject of ridicule; and the Court would observe that the complab ant did not accept of the opportunity offered bin to deny that he had written those libels abcra; him. Complainant would, no doubt, have been only too glad to do so, had he been able, instead of sheltering himself behind a legal defence, Besides writing the article, the complainant baa attempted to grossly insult him (witness), hj reading it out in a room tilled with people, while he (Mr Shepherd) was present. He held a posv tion m the Colony, and the complainant had attempted to bring into contempt that position. If their Worships hail any doubt about the law of libel, he would read to them one extract frorc '•Addison on Torts." He, himself, had beet taught to hold the law in respect, and he believed he bad always done so. The authority he was about to quote would show that a person in a private position could not be libelled with impunity, ami he would also point out that the libel would be much more felt by a person in I public position. (Quotation read to above effct. The provocation he had received was so so gross, and so insulting, that he would havi been quite justified, under the circumstances, ii he had retaliated upon the plaintiffs person. He had not done so. The plaintiff seemed t« have an instinctive dislike to truth and justice The letter contained libels ten times worse thfflfl those against himself,—though even those woullH have cost the paper several thousands of pounds I if they had been proceeded upon, or if the pape: I was worth it. He considered that the letter, I besides insulting himself, insulted also a whole B religious body, and Mr Macassey, who has a ce- 3 lonial reputation."— Wakatip Mail. We must confess fooling under great H obligations to the member for the DunstM ja for his kind forbearance. The strong am! -| the mighty can afford to be merciful. ° " II I becomes the monarch better than hi; 9 crown," we are told. It shows also thai I every position in life lias its alleviating -| circumstances. Poverty and insignificancM though generally dreaded, at times provfi safeguards to those by whom investedH The fierce gust that lays low the sturd/H pine or oak sweeps over the yielding humble shrub, and leaves no sign of itfl fierceness or power. Were we unfortnH nately the Otago Daily Times, the .SWAefIH Gross, the Wellington Independent, or an?||| of the leading journals of the Colony, 41 should have to pay " many thousand pounds" sterling for having recorded tfefl fact that the member for the Dunstan wi§| a supporter of Mr Macassey, when grat|9 tude alone should have induced him tfl support Mr. Hallessteiw ; or for expteH sing a fear that the honorable gentlemaS would not find mining agency in QueeiKgj town as profitable an occupation, now tow [there were two resident lawyers in tt|S

field as when he left to attend to his senatorial duties in Dunedin. Fortunately, Ve are only a struggling gold-fields newspaper, beneath the notice of the member for the Dunstan, and not worth the many thousands of pounds that would be considered requisite to soothe or solace his wounded honour. We have heard of the divinity that doth hedge a king, but were not heretofore conscious of its hedging members of the House of Representatives. ■Ve have also heard of the privileges of the Occupants of " the House" ; but were not aware that they extended to the length of flowing even its illustrious and most gifted members to call private citizens I vile liars," or " d—d blackguards " and I sweeps." When ordinary individuals use such language in public places, they are generally placed under the guardianship of the police, and reprimanded by the Bench, or mulcted in liberty or coin. In Dunedin, about the same date, one described as an "unfortunate" was arraigned before the Mayor, and fined £lO, for a similar offence. Comparisons are not alleys odious, it will be seen. I We can assure our representative that we are fully sensible of the " position" he holds in the Colony; and that it did not

Ff require his enforced attendance at the r "Resident Magistrate's Court in Queensy - town, to answer such charges as were laid e: Against his honour and credit, to confirm ? f the opinion we have long held as to " the lt position" he occupies and adorns. It is, R however, an entirely new phase of thought r for us that this " position " could possibly ]i he brought into contempt. The Tress 0: generally should take mere earnest heed r ' to its ways, and the sayings of correspond 1; <lents, were this new interpretation of the 't Jaw of libel correct; but we are consoled ;! by remembering that this is not the first ' Ingenious and perverted reading of a sta•c tute by persons of Mr Guppy's class, and • -Would fain hope that this illustration is

'■ simply an addition to the list. We can 1 Teailily understand the feeling of disgrace • 'that must be felt by one who compares (himself to " the highest in the land " hav- > ing to publicly answer such charges as 1 thosa described ; how annoying it must ;.f|>e to a M.H.R. to be made " continually i M subject of ridicule" ; how generous it is r *o defend an absent friend with warmth,

■■-lis Mr Siiephekd did Mr Maoassey, withl.<oui recollecting the number of the un(,;>ashed who claim friendship with oandf- :• tlites at election times ; how noble it is to ; ..«appear as a champion when ".a whole religious body" is insulted. Nor can we for- . jget the equivocal honour Mr Shepherd's s "constituents enjoy through this expose ; the j fact of his having felt "quite justified, j imder the circumstances, if he had retaliated on the plaintiff's person" ; the eminent ap- ; titude displayed for legislating on educa- ; tion and defending a religious body > or ; the high-bred courtesy, good maimers, and . chastity of language,—all of which we had a right to expect,—in this new mnnifesta tion of the qualifiations of one holding a feat in our Legislative Assembly,