SUPREME COURT SITTINGS, HOKITIKA.

Inangahua Times, Volume 5, 14 October 1878, Page 2

SUPREME COURT SITTINGS, HOKITIKA.

(Before His Honor Chief Justicu Prondorgast.) TunsDAT, Ootobor 8, 1878. CIUMINAL MBBL. Charles Clifford was chargod with having, on tho 27th of May, in a certain newspaper namod tlio Inangajiua Times, published or oausod to bo published, a wicked, scandalous, false, and defamatory, libol, calculated to bring into contempt, infnmy, and disgrace, ono Willintn It, llailhby, bflttory manager, Ohnrloß Mir* fin, newspaper proprietor, Louis Dnvies, shurobrolier, and Arthur K. Guinness, barrister-nt-law. Tho Crown Prosecutor, with him Mr Guinness, nppearod for tho prosecution, Messrs Button and lieid for tho defence Boforo dofendant plotidod, Mr Button took an objootiou to an oppression in the Hcennd Court: of tlio indictment thnt wan not known in law, nml in ordinary l»i\« guago had no moaning. Tho expression ho referred to wns ' jumping a claim.' Jle submitted that such a term was not known in Inw. ITU Honor—One might jump in or ovor. Mr Button— Exactly. Mr South Bubtnitlod tlm<; (hat was not tho propor time to tnko any objection. His learned friend must firut plond. His Honor remarked that ho might demur. Mr South know he might domur, but that was not the time to do bo. His loarned friend should know thnt tho word 'jump' wa» eontainod in tho gold* Golds niloa frfttnod uuder an Aot of Parliament. Mr Button onquircd whothor Mr South appeared as Crown Prosecutor, or whothar merely as counsel instructed for the prosooution. Mr South said that Mr Button oould not aasumo that ho was not in his propar pluoo. II in Honor snid ho understood Mr Button moraly to enquire whothor Mr South was prosecuting on bohalf of tho Crown, or who was the prosecutor, whothor, in foot it was a private or public prosecution. Mr South— lt is quito mffiojenfc for me to stato that I am in my plaoo ollieially. Ilia Honor did not too hut reason for any rotioenuo in the matter. Mr South had roceired his instructions roui tho propor quarter. Ho wa» not in the habit of interfering. HU Honor did not think Mr Button was interfering. Ho had morely asked if that wan a private or public prosecution. Mr South did not consider Mr Buttpn had a right to auk tho question, Jle do* dined to fmy what authority ho held or from whom, nnl ho felt it a persona) matter. His Honor prcsumod that Mr Button had mmlo the enquiry, wishing to know on whom tlio oosts would full, for if tho Govornraont intoitforod it deprived the NUl'jfCt Of OOStS. Mr South (hen said that ho had re% eeivod instructions from (ho Govornmont to ttppcur and prosoeuto, Mr Button remarkod that that was all he wanted to know, nnd hi« Honor ndiied thnt it might thoroforo bo domocd v (So< vornmont proseouliou. Tho matter then dropped. Mr lioM applied for costs to bo allowed to witnoHses in the other libol ea<<o against Mr I'otts, which wns thrown out by the Grand Jury, but his Honor oould muko no order in tho mnttor, Tho following jury, aftor twonfy jurors had boon challenged woro otnpannellod : XV. Moid, W. Sonrlo, J. Porry, W, Li,,ni«k, W. M'K.i\y Thompson, G. Korr, J. S. Poar-i, Or, Owens, C. Ptvimon, VV. \ Owons, P. Sim, And E. Lookington, Mr Penrn was chosen foremnn. Tlio Crown Pcosocutor oponod tho caso, and in doing bo, said ho had boon in-

siructod by tlio Government to upper. Mo explained tho Uw of li hoi. and then nnrrutcd tlio circumstances under which llicfto proceedings Kmi boen taken, Ho road tho lottoi in which tho alloged libel was contained, which hns already boou puolishod in tho Inangakua Timks. Ho thon went very oarofully through (ho indictment. Ho first cnllod tho complainant, who was cxnininod by Mr Guiu* ness. Richard W. Raithby *aid— l nm n battery manager at Itcofton. I know dofondnnt, who was tlio applicant for th« cancellation of tho Don* moo Company's lease* Mr Button objected to this, as tho loarnod connsol wan ondoaTouring to got out ovidonco on faots not averrod in tho indiotment, and that documentary ondonoo should be produood to prove them. Mr Guinness replied to tho objoolion, nnd argnod thnt that was not noooasnry. Hia Honor «aid that this wan to provo a proceeding, whioh was in writing, and hold that it should bo put in. Mr Guinness submitted that thin was not a proocodiiiK by way of record. After further argument, the caao proceeded. R. W. Haithby continued — I naw defendant about tho 27th or 28th May. In consoquonoo of having Boon a lottor in tho Tnanoahua Timbs, I wont to the Reofton Hospital to sod him. I had a conversation with him, and lolJ him thnt my attention had been d rooted to n loiter thnt nppoarod in the above papor on Ihe previous Monday, and asked him if it apfearod with bin content. I beliovo I askod him if it was his lottor, and ho Hiiid it war. I Author askod him what ho meant by tho 4 ono stampor business. 1 Ho Hiii.l • I don't know. Thoy told mo that you hud a mnchino in Auckland, in it true ?' I said it was quite true, that I had several maohinos in Auckland. I think thnt was all tho conversation that passed. Jto was vory ill at tho time, and had I known ho was so ill, I should not havo gone a', all. Cliarlo* Cohen of Keofton is ngont for tlio biilo of tlio Inanoaitua Tim its. I wont to his shop and purchased two copies of the 'Time* of tho 27th Mny. I mnrkok the pupors [ purchased, and tho papor produced is one of them. Tho lottor contained is tho lottor that I referred to in my converse tion wilh Clifford (loltor rond). I was in tho Nosident Magwtralo'a Courf, Heoflon, when tho depositions wre tikon in this case. Cli(T>>rd I hero admitted ho was (ho writer of tho nbovo Ictlor. It wn» in reply to you, and win put through tho Court. Doth (Icfoiulnnt ati >l his counsol, Mr l?oid, admit tod thu wrilinu mid publication of it. In v portion of tbe lotier, inynvlf, Mi* Mirlln, part proprietor of tho Horald nowsimper, Mr burios, sharobrokor, und youmttlf (Mr Ouiiiiioflf) «s Chnirmui of tho Grey County Council, woro rel'orrod to. I preMUino that inynolf and th« other thrco wore rofcrrod to ns beinx in (ho ' conspiracy lo defraud.' Mr Guinnoss was prooocdino: to ox* ammo the witness as to his application and tho explanation of several pnHsau'ox in tho lottor, whon Mr Hutt>n objootod, and his Honor ruled in favor of the objootion, addinu; th»t Mr GfinnoHS might put anything ho wantod to tho jury, but must not oxtraot it from tho witness. Examination rosumod—The expression ' perpotrator,' npplion, I iut'er, to tho fovr named in th» letter. Crosi-oxamincd by Mr Button ~ Mr Clifford wu« in tho hospital whon I nnw him. I had proviously soon Mr Gniu* noHr, who told mo to go and soo him. I thought Clifford wax dying whon I spoko to him. 1 only askod him two or throo quontions. Ho could hardly speftk for coughing at tho timo. I think tho word ' him ' in tho sentence rolativo to a fitting tool, refers oiihor to myself or Mr Gninuosff, but possibly tlio ijrottt#r weight altaohrn toil galantuoma. Onoe I thou«ht it roforrod to mysolf. I could not say whother .vlr Guinness is a gallant man. I hou.'ht tho Dcfinnoo claim privately from Mr Louis Davios. I paid for it by a bill at throo month!*. I gave no security beyond tho bill. I have property in I'oofton in shares. A further diaciniion ns lo tho ndmisHton of cortnin evidenou took plnoo, tho counsel for tho prosecution ohjeoting to tho line of cross- examination boing directed to justiflcation, which p'oa had not been raisod. Mr Button urcrod that though no pion of al>soluto jiifllifioation had boon raised, still he Wiifl entitled to bring out anything oaloulntod to excuse tho publication of tho lottor. Ho quoted authorities in support of this viow, and also a precedent in (hut very Court in Hoos v. Curio, whoro such a lino of defence was permitted. Mr Guiunoss arguod that common ts on iho co«(lui't of a public man wmv totally difFcront to oommenl* on prmito inrli viduuN, and that nothing tending to jusfifiniition in this enso could be setup. Mr Button said ho olaimod lo put tliono questions in order to tost tho credibility of tho witness. If o witness denied what pouM bo j)rovoJ, it wou'd go to impair his credibility. His Honor .mud if it could bo proved that n swindling company h»d boon got up, that would bo allowed to go to the jury, It might then bo a matter of public intoroat. Cross- examination cor.tinuod— \l know

Mr Mii-fin, part proprietor and editor of tlio UomM nt Hoaltoo. Tliorrt was a loading article in tba Herald to which the letter complained of purported to bo an ni)Bwor. Inm not now carrying on business in Kccfton, though I am uol quito a gentleman fit largo. I am a battory manager l>y profession or culling, I nm ponitivo Mr Clifford gavo mo the answers I stated. There woro only two. Itisnotafnot Hint battory nnnagcrs havo thoir hearing impaired and mino is not impairod. Tliero was an adjournment nt tho Resident Magistrate Court to justify publiontion. I have no connection with Davis excepting ns far ns tho Victory Company is concerned. lam not battory managor of tho Victory Company, thcro >s no battery. Ro-exnmined by Mr Guinoss : I hud no idea Clifford was ao ill whon I vent to tho hospital. He might hayo written tho wholo papers foil, bat T do not bolivo ho could. I nbould hnvo taken no nolioo of it, I moan. ■' Leonard Por.zl was examined as to tho meaning of tho word 'i/ galantuomo.' Mo Raid it meant ' tho honoti man 'or 1 tho man of honor.' This was tliu ctito for tho projection, ami Mr button said he did not intend to cull any witnesses. Mr South after having addressed tho jury for the |>rospc.tion, Mr Hal ton then arose and said, that a more insignificant, eiiso was hardly cv«r presented to a Court ol Justice. Kvon tho Crown Prosecutor oould not help making n jolieof it. Insignificant aR it was, however, the mighty arm of tho Government was invoked against an individual who was Inlely at deoth'n door, and tho purse strings of tho public h*d been loosened against hiiii« Ho commented on tho fact of tho defendants not Imving appeared in Court, with tlio cxooplion of Mr Ouinno.ss, why or wherefore ho did not know. M r South : Because you ordero I them out. Mr Button, in reply, astcod why ho (Mr South) hud not ordered them in iwain, Pnvies and Mirth had not been examined. Ho drew a humorous parallel between journalism at llueflon, where tin? rival papers wen nt war, and journalists so happily' described by Chsrlos Dickens, deferring to tho persons alleged to bo libelled,, Mr Guinness had been described »h ono who presided over tho destinies of tho Grey, tho «wan of Grcymnu'h, who had beeomo nssocinled with a fl ><:k of get'so, and it was not .surprising that in suish company he Hhould lie mistaken lor ono of tho other «n«kh.'r«i, or hud bm-n hnn.irod with « foreign ti.-imo. Ife hn.l not. however, been libelled in his position or profession, and ft had been merely fluid that ho associated with tho other parties. With rogard to tho battery man Waithby, nothing detrimental h>td been Hiiid, What hud (hey dotbro them to prove that defcnduiit had publishod tho Hliel at ull P Thoir proof was of tho most fl mey description, and depended wholly on tho j evidence of Unithby. If tho Htatemcnls nllogt'd to have lieen initdo by del'ondant ot tlio Mngintrato'» Court woro recorded on the depositions, why woro they not in, for then they would have known ox« uolly what passed. Ho denied thut proper proof of publication had been offered, pointing out how averse Raithby was to answer direct questions, that tho editor of tho paper, and other witnessos hud not been called, and ho regretted tho sudden collapso of tho oaso. Tlioro was ionic good reason on the part of tho Crown for not calling thoso wituessos. Mo alluded to tho extraordinary intervention of the Crown in Hiking up this case, and com* monlod sevoroly on it, a* tho defendant was thcrobv placed at a disadvantajjo. Ho had boon twitted with not pleading justification, bui unloss monoy was forthcoming it would havo been itnpo«jj siblo to bring witnos^os from a conai^il ablo distance. Mr South m«do a remv^j^^^^^H tho Larnod counHol'» spe^^^^^^^^H Mr Button was happ^^^^^^^^H tlii.l particular case, Ci^^^^^|^^H (ho fact* surrounding^^^^^^^^^l gotting a shilliiiodH^^^^^^^^^H difference in 9< O^^^^^^^^^^^^M on behalf of a defence, unless guarantee for °^^^^^^^^^^^^^^| nay that unless i^^^^^^^^^^^^H beyond nil doubi^^^^^^^^^^^^H and published tlu^^^^^^^^^^^^H they must acqnit in warm terns tl^^vi^^^^^^^^^^ born porpctratod in joint (limited), and said fruitful sourcos of fntud ot tho South Sea scheme,^^^^^^H Hudson, the RuiUyny King^^^^^^^ Dofi-mno and tho Victory on^^|HH Mr South ol>jootcd to '^^^^^H panics, ns in fnot tho lcnfl^^^^^l was uttering a worso libi^^^^^^| with which tho do endnnt wal^^^^^l His Honor ruled thnt iMr^^^^l must not refer to special compnn^^^H Mr Button withdraw tho <<H *S|H and would alter it to tho latest r^B^ swindling that lind come under tluir ob« Bcrvation. Ho rogrettod for soveril re<». sons that tho oaso hud oomo to »uch a promnture end. nnd that the, Crown had olectod to reply on Knithby'H cvidei.^c nlono »o sustuin tho publ.cation tf tho libel. Ho pointed out theinjusl*! of tho Crown intorforing, and wa/ specially naroastio on tho causes that .W brought it about. Ho concluded by hoping that tho jury would <«st out the case

on such rt m<v ov'di'n<<<», aud tint tltoir ror.iicj. they \r -uld shrtv tlioir senso of tho ii>jii«ti(!(* tliAt, hnd lioon committed in milking thnt a Cronn prosecution, and debrtrprinir def»>miiinf, through want of moans, from brin^iiv^ witno««os dovru n of odd liundrcd miles. His Honor summed up rery carofuli^ pnintinu out minutely Mio Inw of ihtt on«ti», and otplnining what defnmntory lan^jß^D nioant. Tho jury nftornsliort rotirornnnt found a verdict of not guilty, timl the defrn* dnnt was disehflrgod. Tin's closod tli« riminal sittings nnd tho Court then ndj >urncd.