Criminal Libel Action.

Gisborne Standard and Cook County Gazette, Volume IV, Issue 474, 1 July 1890, Page 2

Criminal Libel Action.

A GISBORNE *MAN IN THE ’ FOREGROUND. [special to the standard.] Auckland, last night. Messrs Devore and Cooper, solicitors, have been instructed to take criminal proceedings against the proprietors of the Auckland Observer, for an alleged libel in Saturday’s issue of that journal, upon Josiah Tutchen, of Gisborne. The cause of the action is a paragraph under the heading " Is Marriage a failure?" in which Mr Tutchen's conjugal relations are dealt with in language that is in no way minced. The attack appears to have been occasioned by a certain birth notice appearing in an Auckland journal, and which drew forth a denial from Mrs Tutchen, who was then in Auckland. Tutchen himself ie now in Auckland. In a libel action Batcher v. Payton (Wrirarapa Daily) a farthing damage!, with no order as to costs, was allowed. At tbe Dunedin Police Court Samuel Lister, printer of tbe Otago Workman, was charged with publishing a certain paper to which the name and abode of printer were not attached. The document was as followsUp, up, up, shareholders of the N.Z. and 8.8. Exhibition, up before it is too late, for we have in our midst so imported cunning, shrewd, crafty, deep designed, practical, and scientific swindler. Up, up, up." Ths evidence was circumstantial, and ths connection of defendant with the publication rested principally on the fact that there was a peculiarity about one of the P.’s in “ UP,” it having been made from an " R," and tbe printer who sold the type to Lister was able to identify it. The accused was fined £lO, and costs £6 2i, the prosecutor only patting in one copy.