ALLEGED LIBEL.

Auckland Star, Volume XXII, Issue 142, 17 June 1891, Page 4

ALLEGED LIBEL.

THE •• OBSERVER" CASE.

At the Police Court this morning Dr. Giles, R. M., gave his decision in the action Hugh Shortland v. John L. Kelly for criminal libel in the "Observer" newspaper, heard yesterday.

The Court was crowded with spectators. Dr. Giles said that he had considered the points raised by Mr Hugh Campbell for the defence in relation to the required proving of publication of the libel by the defendant). He had still some doubts as to whether Mr Kelly, as editor, was personally liable for the libel, and he had some uncertainty in hie mind still ac to whether the fact of his name appearing on the face of the paper as editor rendered him liable in the same manner as the proprietors and publishers whose names appeared in the usual manner on the imprints of newspapers. However, he thought that the informant's case had been madeout, for thefacbof theeditor'ename being put to the paper would be sufficient to show his connection with the libel printed in it, and that it was published nnder bi3 direction and authority. The defendants would be committed to take his trial at the next session of the Supreme Court. Bdil wa« allowed in one personal security of £50, and another of the same amount, oc two sureties of the sum of £25 each.

Mr Shortland applied for costs, having subpceDaed two witnesses, but the R.Mi said he could not exercise any authority ia this cape, but would give the informant* any cortificatb required as to costs, for the higher Court.