RESIDENT MAGISTRATES COURT.

Inangahua Times, Volume v, Issue 46, 21 June 1878, Page 2

RESIDENT MAGISTRATES COURT.

! : ' ' ■ Wwlnosday, Juno I^o, IB7fy | ; . ' .'^pforo^. ty-aw "Kar^ R, M,), ,-,.. /'.,;■',..:.■'!,;.,.: \*XiWr< ■>■,'■... , - j Chftrloa Cliflbrd, appeared upon tho jhfpr^'a^n^of'R^ W» Rpjthby, charged, aa follows :— That Charjo'a Clifford, did on 'thfo i 27tblvfny> .H^lr* •rnaljoiously. write \ gn^ pu^jjaii, and .cause and, proruro to bo ; written nn<l # p*ttliJ)^lipd ( a, ffllso and,dolamn>* jtory ntatomont in tho I.NANaAnU/vTiMJ*s j a^TollpWs'' i— * Illls (ponning thoroby f,ho linformantX^rßt.ontprprising nbt hero Waa ;tp; associate himself witli Messrs, Mirfin land 'T)|ivi(Bs', li ,hhd nf tor wards by forco 'of association -fl* im '^GalpitHpmo { who presided over tho dbstinipaof tbo Groy.County 'Couiteiri and in Him tho latter two found, a most'mbTul'amVapprdpriatp inotrumont whoniljip ontorprising conspiracy was bo 7 ■'ing'miiturpd to defraud certain of tho shircholdprs toi'doprpoiatb tbo • stool*;, to cifeot a mock sale in n private rooniofnn 'hptol, With' Oflly four porsons inoluding tho .auctioneer prcsont/ Ho, tho said Charles Cliftord, tbon well knowing tho libol te bo false." ' Mr, Guinness nppoarod, to support tho information, and. Mr Roid nppoarod, for tbo dofonoo. ' '' 'j Mr Guinness oponod tho case nt, somo 1 length, laying stress upon tho grossnoss ( : of tho olToncp. 1 ;.'Mr Iteid said tho summons in tlio J caso having only boon servo 1 upon thoj dofondant a' minute or two boforo, tho 1 ■si'tljPK of tho Court, ho shpulu, V com-'

polled at a lator stage of tho proceedings to an k for an adjournment in order that the dofonee might bo prepnrod. I^is W ori,, *'l' having road the extract containing thoallogod libol roniurl?o4 that it dic^ not appear quite clear that tho in** formant in tho caso waa tl*,o porson rcforod to in tho extract not out upon tho information, Tho namo of Rnithby, in fact, nppqaros to o^fliudod,. Mr Guinness oontendod, that Raithhy'a namo was mentioned in^orontinlly. fljis W OP^ , ',P"*YoB, and 1 tlio namos of , Dnvios nnd Mir fin nro reljorroil to directly. Ttyp lot tor undoubtedly oontains upon tho faco ot it a grosa libol upon thorn, unloss, of course, it cau bo justified 1 , and why not tbon Mirfiu and Davios lay tho ehargo instead' of' Roithby. Thero is not a shadow of doubt as to t^ho extract referring to Mirfm ana Davies and thoro sooms to bo a 'doubt as to whothor it refers to Knichby: why tbon should tho ' pro- ' sooutlon bo allowed to gc upon doubtful around, whon it oould bo placed beyond all doubt. " !Mr Guinness woqld ad,l*^t*O t to t^bo information tia laid. Rpforonco was ' made in tbo lottor to a " bcautilul quartette," whioh clearly raoant to indludo lioitliby.' " ' ' " iiia Worship—But ouroly you would not contend that it is libol tosay that a nian bolbngbd \o a quartette which tho wntor looked at as " bountiful." Mr Guiniiosa would urgo that tho wholo scope mid tenor of tho letter should bo takon. His Worship— Yos, but would thero not still romuin tho doubt an to Ruithby's connection with tho libellous extract quoted. '- Mr Guinness contended that it was not nocossary to act out in tho information tho wholo of iho mattor complained of. Ilia Worship was of opinion that whon a man was brought into* Court upon a ehargo of libel, tho wholo of tbo mattor coiiiplainod of should bo fully not out. Mr' Guinness said all tbat rostod with him' was to make out a _)*7*«a facie caso, and if a committal followod tlio Crown I'rosocutor would bo ablo lo sot out tho mattor moio fully, and go outsido tbo present information. Mr l'loiil aaid his lenrnod friend was gronily in error. Tho Crown I'rosocutor could Wt mnnufaoturo counts for nn in*, dictment, or go 'outsido thb information. Mr GuinnoHsaskod, to bo allowed to amend tho Information by adding tho words " theso fiicis, coupled y-dth bis floating tho Vict iry Company, in whioh liia employers interest nro carbfully conserved, show what a wondorful fertility i of, ' roscource, industry, and^ ontorpriso. 1 is to bo found in that beautiful quartette, t Mr Rcfd objected to any such' amendment, Tho dofendnrU bad boon brought into Court to answer ono offence, and now tho prosecutors wished to bring auothor against hira. Tfto idon was monstrous, Ilia Worship would not allow tho amendment, and again RUgßcstod tho propriety of milking Davies nod Mirlin iho ! incrmants in tho caso. j Mr Guinness decided, to Bland upon , the information ns it was presented. JXis Worship— -Very woll ; lot tbo caso prooocd, ! Tho following ovidonoo was tbon oallod for iho prosecution. i ' l?|iil|j) Samson—l, am tho lissistnnt bailill^ of tho Court. I was previously ; serving in R^r Cohon's shop. I 'oannot roeolleot tho dnto upon which Rnilhby and Davies purchased copies of tho Jlnanciaiiua Timks from me. I do not , know whothor Mr Cohon waa agont for tho saio of tho I^anqatiija Timks. I ; boticvo ho wns. Ito nQtod ns ag_nt, W. J, l > otls--I am ' propriotor of tho JtrTAKOAntrA TixiEs. ' Tho copy oi tho paper produced i.s dated 271h May. I. do not produeo tho original copy of tho letter signed Charloa Qliftord, I, was sub* conacd ito produce it. Tho reason is, that I did. not rocoivo tho subpoopa to attend in this oaso until a quarter past 11 o'olook tiiis morning. I am tho publisher of tho pnpor. ] M,^ was propared to admit tl|at I [tho' Iptter signod \' Charles Clifford," j which apponrod iii tho Ijnanoaiiua Tim^s !of tlio date ajfogfld, was written by tho dofondnnt. Mr Guinness wished to havo tholpttor -produced, you produeo it P, Witness — Possibly. RJr Quinness would ask; that tho witness bo ordered to prpdjipo tho lottor. Ilia Worship said that tho authorship of tho lottor boing admitted, he could not sco what tho prosocutipn required its production for, unless to show tl^at do*; fondant did not write it. Mr Guinijpss snid lljoy worn anxious te soo tjio lpttoij, an they did. not bolioyo tjint^ it was written by tho defendant. ILis W ol ?*b'P— Tbon why, tho present proceedings, if you dp not, think dpfondant ia tho author of tho lcttor P., Mr, Guinness agreed tp waivp tho pro**, d taction of tho lottor, It, W", Itnithby deposed, that hp wns o battery manager, I purohased the copy of tbo Inakoaiiua Timks, produced from Mr Cohen, bbbkspllor, I oomplnin of that portion of tho Iptter signod "Charles Clifford,", whioh oommoncos " His first ontcrprising net, &o„" as sot forth in the information. To my mind tbo extract admits of no doubt as to whom it rofors. I tia Worship*— But, M,r Gjiinnoss, your oounsol, says that ho is tho person alluded to in that paragraph. Witnoss— l can't holp whafcMrGuiu* uosb thinks. ' ' Mv

Mr Guinness— •The whole scope of the letter must bo taken. His Worship— But, I tbink you jrc limited lo the information. Witness— l don't attach any senso to tho paragraph, commencing " nnd afterward,*." I ani tho person roforrod to in tlio sontonco commencing t^th V and in him,',' Mr Reid objjocted to tho witness giving njiy opinion as to tho moaning of tho oxtr^ot; tho moaning wns to bo drawn from tlio oxtrnot it**o)f, and not from tho witness, This oloscd tho caso for lbo prosecution. Mr Rpid submitted Iliat lbo prosooution had not mado out a shadow of a ease. They had oomo into Court upon an information in vfhich thp prosocutor and his counsel whoro at open ynnonco. Mr Quinncss contended that tho extract in tho informatioa rofcrrod to himself Guinness), whilo tho prosecutor hold^ t,hat ho ( llaithby) was tbo party roforrp.d^ to. Mhcn tho prosocutor and his oo\tnsol woro at variance upon so vital a point, could tho Court bo fiiirly aslfo^ to commit tho defendant. His Worship said thnt ho Tyould not bo bound b*/ tho interpretation ofoithor •oroseoutor or his counsol, but would bimsolf d/aw tho deduntion most rational and, roasonablo. Ho would not dismiss tho information nt prosont ; it scemod to him that prosecutor was" accusod of being tho tool of Dnvios and Mirfin. It mado him(Kaithby) out to bo either a fool or a knave. Mr Rpid nplfod for nn adjournment for. fourteen days. His Worship inquirod, why such a longlhy adjournment was required. Mr Reid said ovidenoo for tho dofonc c would hayo to bo brought from Hokitika, Wellington, and other distant pl-ioco, nnd thoroforo, a long adjournment was noccssury. Mr Guinness objected to so loug nc adjournment. His W orfi bip said ho would odjpurr tho caso for seven day3, upon tho understanding Hint if tho dofoncp wns nol complete n further adjournment of soven daya would bo granted. ! Tbo Court then adjournod.