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SUPREME COURT.

ip? at J|® l dPrius. Vd •ThepAtinik of thwUoilrt were resumed atlOdiih. , ->/■ •- 'This ‘ was.-an action in Which Joseph Ivess was plaintiff and Edward George Crisp defendant. The plaintiff was at the

time that the cause of the action arose jfCojj^etor Mail, and the defendant the Borough Solicitor of Ashburton. The plaintiff was charged by the defendant with having ■ published of liTm K a a f*lße and 'defßWWbrjF" libel, and was committed by the Bench at Ashburton to take his trial at the Supreme Court session then next ensuing. Just before tint sessionrt-ljb. case was withdrawn by the defendant. ‘ The plaintiff now brought an, action- for LSOJ damages,* which he had been pul* to in defending;; himself from; the said charge, and also loss sustained by him in not being able to : extend his: business as he; -purposed so to* do.

Mr, Button, with him Mr. Greason, bathe plaintiff.

•'Mr. Weston for the defendant,^- ? M* - . C. W. Bishop was choben’foreman of the special jury. ‘ 1 , ; . r , , . .*'- A; R: BloJcUfri,' Deputy-Registrar of the Suprelme Court, prodjiced'the'depositions apd'exhibits in the case of' j^gi^q.■ Joseph' Ivess fbr libel, 'as sent froth the Ashburton Resident Magistrate’s Court, t i 'FdwaVd Gebfge Crisp,•'•tHe defendant, deponed to having sworn a certain inforjiitttibn i against-the;present plaintiff for libel at The notice of discontinuance of prosecution of the case of JRbgina y. -Ivesf libel was .written by r witness_’audi.i4R’■Rt'yie, otlipe of,Messrs.

■■Harper,' Harper,- and Scott, the present■ plaintiff's solicitors). TJ)e..R.ptic&,of dm-* ; •dontinua'rice stated that-'-the Crown Prose'Cutor, pnt intendiug.-M prefer a bill, he j(witness) did not undertake to prosecute privately. ; yrrtO /;,i j> r/i3 fry AVI AI -■ His rlipnor asked •, My. ;Bl<sxam whether the rccognizancea of the witness who was bound.. over ; to : , prosecjilp.,bod,; been! .eStreated! f s-.igig-MT Bloxam tpphqd yh the jipgatlve. , ? Hi 4 HonOtv asked 'whHt-'was' thb‘ iik'e ‘of binding people over t,o t prosecu t te t ! bbnds.' :, '‘ The ; T?f£tless had rendered himself liable to have the recognbgncctS .e^tjeated; ■' •ExaihilihHftn • -continued—There had been .a demand mp.de upour himop. LSO for costs by Messrs. Harper, Harper" and ■Scb'tt, which had-bebn-'referred by him to Mjp.Joyntj hoy was condwetpjg; the case fprliim. . dt,was not paid. Witness never siiw 1 the schedule 'of duties of Borough ■•Solicitor.'' He had read the- article in the -Ashburton Mail of February. 20th,.1§80. t l lt was on tliat Orticle'‘thdt’lie lairf ‘tliO TbrmatioiiJ ,/It’-appCared-'t6 him witness -wrote twelve or fifteen always to the better Olass :of clients of my'oiviiv' iTho.letters were hot' written on-tne" saidel’day the l rates Ttdrtr' dpo;; /.Witness gotia

anear of rates, and in writing the letters made a demand alsoTdr'Cs. coats for writitg tJie,(et^ ; cases he had not charged thrs? ’ to solicitors he ha<f>Qt chargetK #W6s. /IHe’litid.Bfatjdbhe so:opt pf professional etique f te ; he had jrojfc pbarged ;tbf>; 6w f ■ vtQ r jM<ea^e, - 1 Garriclt, pr/Wyiwj'Wjbiams. ;.:Bis the unprotected ratepayers the Cs.

■^a,mina,tio^ E , ! ref] cowered the! ]6s,, ,by; fpftipg, -it ; ,tp- the pum-j moagi, .. in, : .fhe | cjsegtqj) ness , bad ,nq fis....tor the adep :W r iJW ii®; 1 My„ Truckle pbjegtea .to;.pay^he.ps.,,appba#( b®i A was a.q|ieht of and had paid a biljw fyw. djtys- before, he did not press tiro JpVr the Witness had a le'tter from the Town Clerk, by request of the Borbngli Council, asking for an expbreration- of thfe -whatge ISf (VJ He had tdl|L tlfcwlayor Mo*-wife v€e%ly to ex.gjain - appointment witn hitu'ld.do so." He was not at present - tlms^lj^orf f (f | fil Cross-examin'ed by Hr; lfe'SS~6lected tc send letters jo the parties to - kVoid;the' kend ingtXJf Cbl r^milmdaa;) f 3tf Mtois^ate that the sum of-Cs. ad., clrarged toy a letter was a reasonable •6ShSg«rf dnd tSfiht he should allow?it in any ofchortcase; -4A it

was au> pajdt of .a Solicitor’s duty ctd rash a man into Court. I ■ Miss Cdllaghhn (pajdthe ;ampiin|!,-© l and costs into Court, and neyer Jnqde,any,qbTpct,ipni ;tp ,thft * 04. no arrangement between Mr. - tho : rate collector, and mysejf that £he 6s.r shblild :, bei'- , di / vi«ed '' betwfeVfi' Vik.-'Miss ■ .Qalkiglwu had made a complaint to the Council as to,the, Gs. costs, and plaint jPyas . benit ito me for The. article iyas inserted in the A&hyMon

had time to .explain tp the' Offbucij. ivas r 'not dis'ihis&d." ’ ' : '■‘ l ' ’ 1 /- w ; Re-examined by Mr., Button—Branson and PurnelLdp the solicitors’ work of the fSproUghr.VWjJtness was not re-appointed Walter Martin, clerk to the Court at ' A slibirthtTv /-viiasrdalWiJl f ti>-1 produce the

-documents with respect to the cases in itvliioki Mcl CridfLlnUl takbn out summonses, ibpt |lis n oy .lfqlf\ • t J»a(i jt was not' necessary, as there " was liof ’an y dispute.; , ... ■■■■) ■ ivoSs,'’tftb‘plaintiff/ cteponecP: ■That in consequence of the prosecution in of Regina y, lyoss, ho was com- ’ pelled '‘ tb lease his business at

“Patea. He was committed for trial, and t engaged Mr. George Harper to defend him. There was also the costs of the 1 ■witnesses, in the Resident-Magistrate’s Courts Ashburton. The costs actually off |)oofedt nearly thiysq. weeks of time. The LSCL Mr. Crisp. He shoiud not have i brought Crisp appeared by counsel in the Resident Magisitritd’s Court, i A rioh\niitfeflo?it^Avas for by Mr. Crisp’s ’ counsel. The commitment was on the 12th ,March,,- ( andj, jtbo pqtice.- pip ,-aban.dop--wa?‘ ; gi/en-, /0 a -days before the Criminal, The magistrate in the Court' below at' first' refused to allow his defence before b.© posted an authority. The counsel for the

informant urged the commitment of . witness-binder any circumstances, without ■ ‘.fipaHrigi evident ! The present defendant was in the Court at the time. Witness .was in attendance at the ■Criihij^al'Session; but. was. not .cajlpd, upon id sui’render.:* His Hon6r in’his b&artje [stated ,-fhat 1 jt was, not necessary for tIW pef-son charged With'libel- to attend further, as ,the, Grand Jury not found i a .-Kliss Odllp^kp'WU^-‘vmd&'^S^i!|^ ‘ mentioned stating tha-tshOiliid beijri’liaWlly ! airalf' by in having ,the 6s. charged by Mr. Crisp. Gross pxaminod by Mr. Weston—Miss Callaghan called upon .witness with.her aiimmdns, and sho ww A 'chfetfeir 6t « letter writing-, and-asked ftyl advice. adVishd her -to pay the morfey into Court' loss the 65., and contest the matter, as he thought it was illegal. She said she would , soqßwpay the .six, -shillings) t.b.&tj, /in'Cqnft.'r By her request the witness .iiie.amount into Court. He-then asked. ;

r hoc. -pprumsibA (,tp , tonhlfd' in his paper. She (teclmedjEto dp so. Witness hrt®wards'oralttefe fp »lwter by Miss Cal- : highan’s t feqiiest to. pile Borough Council, .which letter was amongst his papers. AVjtneßßgOtth,©.lßtteF{fi:qn|.-tlVohvteJClerk : .pf <Jxe Cqurhi ; Thfl JBqrqagh.(3<Winpii-ihadl lipthoigite da With it, ( (JJfl -did V9h tlpnki it necessary taask Mr. Crisp to withdraw WriUI [founded on what Miss Callaghan told I witness, the report of the proceedings of

the Ashburton Borough Council in the Ashburton Mail, of February JHph, and what he ki ew of his own knowSyc. His Honor did not see how Mr. (Weston intended to make tKiarelevanU :

Mr. Weston said that he wanted ,to show that there was no ground in that report for the article which was alleged as a libel. ■ The witness said that the article .-was written after the report had appeared. Two days intervened between the appearance of the report and the article. Witness knew of his own knowledge that Mr.

-Crisp's action in charging 6s. was condemned by all the members of the Borough Council. It was on the report o» Callaghan’s statement, Rnd.thp, knowledge that the .charge made was unusual, that witness’built ; up the article. Witness did not go to any solicitor on the subject of the charge. The Council condemned, Mr. -Crisp’s action. [Witness read*" a. portion of the report of the

Borough Councillor’s speeches on the subject.] The rhatter was’‘ ultimately referred to Mr. Crisp for an explanation. > The ' article- appeared before MV. OrisfC had tiipo to make an explanation.; . •. Mr. Weston said that if his Honor had; not. disallowed a previous question, he should ask Mr. Tvess as a newspaper editor andiman of the world whether She should;

not have waited till after • Mr.j Crisp’s Cxr. planatioh before writing auch an article. His Honor to witness—You peed pot answer that question. ‘ . i Cross-examination ' continued—Witness apologised to the rate-collector after hea?ing hisnderiud on oath. i T he- rate do) 1 eCtor is,brother torthe’riroaofrtMawor.r; Mr. .Huftoh objected do this evidence.- '1 ! His Honor overruled f otho ‘ ebjectiob/The case before than!‘that dayVrdswhether thV’iW-tacle was ; A libelsdt&d

there was .-reasonable cahsfe' oh the fads fbr the hrticler'/Tt’ was ? fore,, adrnissable to., show,.what waS cohqiti.on tp tlie.fectW. : .y r , | jitpn.cbnten.ded thsfl th,epyjdepep) how to prove-,! by something wpich -took place afterwards) .that -he was awaro bf "the pnldicalior>:being made without reasonablfe and probable cause. ■ ; | Cboss-examjnatioa continft produced is the Ashburton plail, of March' , lOtlV. ‘ is hh apology in that ; paper . to 'the' 'rate cbllectoh for ' the.''statement mh.deTn’’the article of'apology read.

! HiaHouor said, that.: this apology was Cleariy rubtrelevant, : >< i t Mx r Westoin sa,id ; he would make It f<d(BV7mtyby asking the witness toroad .an article written on that iapology.:: .' , ;■.•>« nr. \ ,Wi *rnCsa ; thenr read an affticlein'the|ame paper on the subject. p; L’.:r. 10 ' vHiB Honor said" tHis ; was fclearljf mifesahle, 'aß, ; so far°from ; apologistrigi’thK article wentfbn to fepfeat.tlie change agaftfat" .Mr. Ctisti.• ' r ; I ‘Mr,,’ WifestoK saidthat ]What Jb.e, intended to show was that there was 911, flip part of Mr. Iyesa,.;wtio .apolpgi|ed *o‘,Mr.S I'rieillander, 4pd. jnade a? seconds: attack^againstMr,.Crisp;;;,• : r.. .-n

i Cross-examination continued. —There, was no intention w hater er.to make the amende h&tuJrable to Mr. ■ Crisp. Mr. Friedhmder Swore in the hoX that he knew hothiil^^of' the' being - cliafged, 1 arid never authorised the solicitor tb'ftiakb charged . He thought that there hadbee'n, a sharing of the plunder betwjeen .Mr.’. Friecllanderand Mr-;Cripp. ; (TSieifnll and' he' wrpte the article. . There 0 was,..no; necessity rfeo ,ask Mr-; Friedlander, because., hq knew.the facts. Thfero; was a resolu-,’

'taqifcolaoensjire; of rMn Orisp?s action thenßorough.Council after the article had been'written;- -'Witness’was a taeihbbr‘of ’riie’Borough Couhcil’ at' the ’ tfnie ci Mx; Crisp'ti appointment ‘ak ’Splibitpr,’and* knew; thW : 'terms of the letter bidder which be wab. appointed. r \ /' .p . • j Weston read a.nprtipn of the article (jhargipgsb.a xat'ej x a«d. Bcropgb.. qojicitorjiwith: extortion,-rand, proposeditcc ds}c v thp - witness > Kbw it' -tw* yhes-had; not fipqjogised ’ to. his client! as well as ; Fried-. lander..; i'il’l-.-T •> :

: His Hdnbiy'said that this' need not’-be asked, as’ it would' be for thO : juiy tjb jeeifld ii thi& : was libel or dot; They wohld iprobably coma to the Conclusion, ijhiat' 'it- * iras" a'lihpl to,accuse a solicitor, of: 9xto^l(^.!''b^.!theh f f to consider, if it ■vrixs’warranted'oh,.the. facts, j .continued-—Witneap never • ajodlogised. in .any , way. whatever* and tor-Miv Crisp’s solicitors,- stating.

tfliit, after reading. Mr.. Crisp’s explanation, lie would consider the matter.' -He' Considered the facts Uriie,(ah’d dcfelined-fe apoHgiseiJ r ’ -•'! / : ■ jJ ! This closed the .’plaintiffs cage. • ; Mr. Weston'then opened'the case for ■ defendant,’ nnd called ! K r ' tjhat the Ashburton had fixed •Hie’ " rate 'at" us. _Bd._ for letters written in demand. Owing to Mr. joy nc'a advice witness had withdrawn

fropK Jjhitf pvosßCUtautti of; the* case Heg&ial y. Ivess. ' ■: -.‘i ‘ : j*. ; , shpdlii jaylit/dqfwh ;tj»' juryl fh^‘the ! ’these* ’fetters 1 was 'entirely' gratuitous, and that the defendant had no right t<Vbharge;|;he jpa’ each... i It was- tto£i liipney,oqt-ofpocket, and ; therefore the! Charge could not be made. f | Some argument .ensued as. to, the point; qf tWdefeifcianl! peing ■to dhhroe | thCsC ■ shiAs midCr j;he arrangement for ! payment of costs .put of pocket, by; ther (Jcyijicil/.-ji.. |(t;i r f i ] j The counsel on both sides having'addressed the jury, t . | “Sis up; and' the Jury] returned a verdict for'the plaintiff; vrith s dapaagee.R£s. ;;; rj. ;j - . ioil j IM ]

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18810125.2.13

Bibliographic details

SUPREME COURT., Ashburton Guardian, Volume 2, Issue 251, 25 January 1881

Word Count
1,905

SUPREME COURT. Ashburton Guardian, Volume 2, Issue 251, 25 January 1881

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