RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume V, Issue 55, 12 July 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, Bth 3vlx, 1878. ! (Before E. Shaw, Esq., R,M.) .XUnniur v Cmfpobd. S :ui Tbii 'cWo WW Vloied *on Saturday and '< ajourned^nlil ttMKy' foVju^gmWlj' L* Mr Moss appeared for prcsocUtrir. and Mr lleid for tbo defence. His Worship said— l resorted my decision in this euse until this moriling, but I hare Binoe boen so much occupied in tho consideration of the point raised by Mr ltaid on behalf of tho defence, vii,, no proof of publication of tho alleged libellous letter, that I hure had no opportunity of otherwise looking into tbo case. Boforo the Court opened he (bu Worship) hid had an in'erriov with oounsol on tacit side and explained tho courso which the Court was inclined to follow, hut that Interview had not rosultod in anything, and the Court holding that no sufficient pfoof of publication had been given by the proseoutor, it was necessary thai the information should bo amendod, or a fresh, one laid, otherwise it would have to be dismissed* Mr Moss i If the information is amended will your Worship commit do* lendantP Bench 1 1 onn't say. It is a gra?e matter as to whether I should bo justified in committing a ftian for an offence un« known to the law, I cannot find that there orcr has been a case of pro* secuiing a man fa* merely Writing a libel. The Court in the absence of proof could not assume publioation against defendant, for it might be that tho lottor was stolen from defundant'H 4a.sk. Mr Moss said that the lonst possiblo eridenoo should tuflloo to prove the pub* lication by defondant. Bonoit $It in tho reading by othors of tbo libel which constitutes |ho graraincnt of the offanoe. . v Mr Mois reforrerd to the great length of Mine which would bo occupied by toying a fresh information, Bonofci I fe«l that I am shut up to ono course. Tho tfate must be dismissed unless the information is nmcnt'od, and I don't say whothor defondant would bo committed ereu. woro tho amendment made. There was nothing to show that Clifford procured tho publioation of tho totter. Mr Moss i There nro tho admissions that he was tho writer of tho letter ; ho (. Vl r Moss) thought there was suftloicnt proof to enhblo the Court to send the oa»o for trial, Donoh j \ ' sorion* responsibility attaohos to a magistral who puts tho country to tho obstof suoh a trial, unless thero is a fair ohanoo of a conviction. Tho proHcontion had closed without a shadow of proof being given of publican tion. Mr Moss s If tho information bo amended and tho defendant not com* raittod, will the Court altow anothor in« formation to bo laid. Bonoh.» That Is anothor matt or ontiroly; Mr Moss » If thjs oaso is dismissed it will bo & gross miscarriage- of justice Benoh i It wiH be a misonrriago of Justice in so' |nr' that no opinion would bo expressed from tho Benoh as to whothor tho information was warranted. Mr Moss felt in douUt as to wlioUic in tho eront of the prosont information being amended, and dismissed 1 , a fresh one would be issued. Bonoh % It would be a matter for tho discretion of the Bonoh. The easo hid already boon hoard and vontftatod at great tongh,. but if tbo- Bonoh should be of opinion that it was dosiraklo- to- grant 1 a fresh hearing, that could be dono. I fool your position Mr Moss, and tho difficulty is a great ono for your client and 1 thought;, therefore,, that tho host courso to pursue waft for tho fa formation to be withdrawn and tho matter left to I the prosecutor aa to. whothor a fresh ono should be laid. Mr Mos» :■' Bab will til© Court graat a ftoah hearing. Bonch it is not usual fov the Court to shut out porsoim from redress,, but I fool that there aro a great many elements in this case, Mr lteid would liko to. knaw whethor it was usual for counsel to drive- a bargain in this manner with tho Bench. 1 Mr Moss t I fool that wo are in an awkward position. Beach % 1 quite agrco with you Mr Mean* that TJaitlibj has bjpoa savagely

attacked and t am sorry that I ennuot go iuto it, bu« I am responsible to the country at largo not to send a caso to <be Grand Jury, when there is not a reasonable probability of being supported. if I did commit on moh evidence, tbo fir#i question the Grand Jury would ask would Dfl" how is it possible that a magistrate OOUJd be (band to commit on nuoh eridenee,*' I fbel sorry that aftor all thfl(, time that hai been occupied in tho op atiS.th* attention bestowod, that tho time has boon waitod » but the oase Is one of extraordinary importance and I ihould be sorry to hastily deoido either ono tray or the othor. I must, how eror, bo guided by principles of law. I can tjnd no authorities that would juitify mo in sonding defendant for trial for moroly writing a libel ; publication ia tbo ossonee of tho offonco, and thcro \h nothing to show to connoofc Clifford with the Times Office. Mr Moss i Wo hnro not had timo to oorisider the merits of tho case. "Benoh i 3fou hare bad thrco weeks. Mr Mom, t We bare had no timo to consider the teebnioal point raised. Will tho Court grant an adjournment to enable the prosecutor to consider his position P Bench j I fee) that I might bo commit* ting an injustice by striking out tho caso at: oooe! 'particularly as very small ovid« enoe (would be neoessary tonogatiro that oount for writing the libel. Mr Moss i If we were afforded time wo would oonaider tbo fuilijoot of amendment and olcot whut course to pursu c, Bench : I am prepnrd to state now thhfc in my opinion, tbo lettor. so fnr at nil events, as it roforrod to Itaithhy, was wholly and grossly libellous, and that tbo dofendant had failed to inculpnto Rnithby in tbo fraudulent conspiracy. If ltnithby's object in bringing this notion was to vin* dicate his obaraotor bo has my opinion from the Bench that tbo defondant linn failed to connect him (Itaithb)-) with *bo mock sale, the deprecation of tbo stock or in any other way. If, however, it should be Itaithby's desire to curry tbo matter further* I may also givo him my opinion that the rerdiot of a jury at Uokitika wi II be considerably stonier that a more Opinion of mine, so that bo (Knithby) will bar© to oonaidor whother bo bus not already by the opinion exprestod, atiH swored the purpose intended, I may also point out that should* he not bo sntisfiod with this expression of opinion, nnd brin« a fresh aotion and secure a committal, ho will be bound over to prosocuto in tbo sum of £1000 and caoh of tjio witnoasos in £500, and in the moanwhilo have another week* i aestivation, another week's deposition* and in the end will haro at tho utmost the opinion that the libol was unwnrrtintml. Mr Mom said Itaitliby wit* not rtndio* tire, and he did not seok to gain anything by tbo proscenlion. His WorHhip sou) bo did not wNh to act hastily,, nnd would, therefore, adjourn dlie easo to Saturday next to givo prone* outorNi counsel timo to consider.