Page 2 Advertisements Column 2

Daily Southern Cross, Volume 1, Issue 7, 3 June 1843, Page 2

trSfice, money bad b;een -'received, tfjut sjtill nothing bu prgtnises and excults Ct.tlld be extracted from him, onetime ttating ha had sent the money by a Maori ana it had been returned, and at other times that he had sent it by an European boy, whom he was deter mined to proscule for not having delivered it, he was then threatened with the advertisement a month previous to its insertion— still he tells you he was surprised at its appearance. On Monday the 24th of April he called upon me wishing me to Ist it stand over, spinning me tbe yarn of the European boy, which I refused to do ; bad it been one of his servants, as he states to yon, he could have easily found him and settled the matter at once. The following letters then passed between us :—: — Chcwington Villa, Tuesday, April, 1843 Dear Sir, — Enclosed I send you one pound. The balance £1 10s I think ought to remain untill I can see the boy by whom I sent it ; which I shall in the course .of to-daj. I understand your friends have written a paragraph for the paper. They must recollect that if 'I can prove having paid the money, what tbe consequence will be. I merely mention this as a friendly warning in the event of the insert on ; for having in the course of this day, been informed by a friend, some of the particulars. I took legal advice on tbe snbject, and being able to prove the sending the full amount, shall immediately on the insertion, commence proceedings, for I certainly do not feel inclined to be played with. Yours truely, DAVID G. SMALE. Mr. Malpas. - """** Auckland, 26th April, 1c43. Sir, — I beg to acknowledge yours of last Tuesday, | and to inform you, that unless the balance of the Regatta money, j£l 14b. 4d., is forwarded before next Thursday, the whole oflYir shall appear in print. I have ever felt loath to expose a person whose connections are respectable, but after the threat held out in your note to^tne, of last Tuesday, you may depend that no consideration short of the above sum will prevent itB-&ngearing ; it was apub'ic Regatta, the prize made up of public subscription, and I do consider the public have a right to know how their money has been disposed of; with regard to the threat, I shall treat it with the contempt it merits, and, as to your legal adviser,. l certainly consider him an ass; but I must expfess my utter dislike to hear a person (the European., boy) accused of a theft, which it is my firm belief, he never had the opportunity of committing; had you come in the first instance, in a manly way and acknowledged you had made use of the money, and that you could not make it convenient to refund it for some length of time, I, for one, would never again have mentioned it to you. But, instead of which, you bave only made a series of promises which hare been as constantly broken, and as to your stating you do not intend to be played with, Z think you will find you have one to deal with, who has as little disposition that way as yourself. I am, Sir, < Your obedient servant, C. MALPAS. To Mr. D. G. -Smale. Here he states he sent the full amount anil can prove it, in his letter to you he states only j£2-*— his memory is bad.— -The 'advertisement then appeared on tbe Saturday ; abcut the Monday after the second insertion I was waited on by Capt. Smale, who, after talking some time without coming to the point, assured me that if we did not apologize to his son by acknowledging ourselves premature in advertising him four months after the thing ought to have been settled, he would — if there could be found the least point to ground an Action upon, commence one ; i informed him then that for myself I should not do any such thing, but that I would communicate with the other parties, and let him know the result. The following correspondence then took place :— Auckland, Sir, — I hasten to inform you (according to promise) the result of my communication to each of the parties, whose names are attached to the advertisement, which, formed the topic of our conversation some few days since, which is, that they will not retract one iota, or make the least apology : bat they wish me to state, that since you have taken the matter in hand, and intend to commence legal proceedings in propria persona, you must be considered the principal, and, as such, we must beg the speedy settlement of tbe sum in question, to say« the unpleasant necessity of substitutingyour name in the place of that of your sob's in the advertisement. I am, Sir, Your obedient servant, C. MALPAS. To Captain Smale, Epsom. Epsom," May 25th, 1843. Immediately. Sir, — I . f eel greatly surprised that you, or any other person, should attempt to insult my honored parent. Captain Smale, relative to any thing connected with me ; I therefore have to request an immediate writen appology to Captain Smale, or must inform you that I (hall not allow the iuault to go unpunished. I am, Sir, Your obedient servant, DAVID G. SMALE. To Mr. C. Malpas. Auckland, May 25th, 1643. Sir, — I beg to acknowledge your letter of this morning, requesting an apology for an attempt to insult Captain Smale ; the terms of it are such, as to preclude any explanation on my part being given, but should Captain Sma'e, or yourself,- feel injured by any thing I have done, or said, you will always find me ready to give you any satisfaction you may require. I am, Sir, Your obedient servant, C. MALPAS. To Mr. U. G. Smale. Auckland, May 26tb, 1843. Sib, — I bave just received you letter, acknowledging the receipt of mine. In regard to the appology, I can only say, that it does mot reflect any very great credit on you, in not appologising for insult offered a gentleman of Captain Smaie's standing, and moreover his age, Relative to my requesting satisfaction, you mußt, be aware that I should ndt request a meeting on any equal terms. Altho' if requested by any other party, I should most willingly protect my honor. I am, Sir, Yourobedient servant, : DAVID G. SMALE. Y. To Mr. C. Malpas. ' • It is a great pity the' young gentleman is so intemperate as to threaten, without the necessary courage to carry that threat into execution.