Alleged Criminal Libel.

Daily Telegraph (Napier), Issue 6030, 22 December 1890, Page 3

Alleged Criminal Libel.

At tho R.M. Court to-day Richard T. Walker and Peter Dinwiddie were oharged that they did unlawfully and maliciously write and publish and cause it to be written and published a certain false, scandalous, and defamatory libel of and concerning Frederick Cassin, thereby moaning that the said Frederick Cassin had committed a fr tad and woll knowing such publication to bo falso.

Mr Cresswell, with Mr Carnell, appeared for tho prosecutor, and Mr McLean, with Mr Dinwiddie, for the defendants.

Mr Cresswell said on this chargo the duty of the R.M. would simply be to say whether the prosecution had made out. such a oa,'n to warrant him in putting the defendants on their trial The liw of libol was well within the R.M.s own knowledge, and it not necessary t.> quote anything on that head. It wits only for him to prove two things, the publication, and whether it was libellous or not. Ho only proposed to i-i.ll evident") of the purchaser of a paper of defendants, aud a witness to state what the interpretation of the letter is. Mr. McLean sa d it would be just ti« well to settle this matter now, and quoted authorities to show that they were entitled to go into the whole of the evidence.

After hearing counsels' arguments on the matter, the R.M. said he would hear prosecutor's case first, and 'hen ho would go into the casts .[noted, and decide whether lie would nl'iOV all the evidence to be gone into.

Arthur Stubbs, clerk in the Registrar's office, til-educed aliidavit by which P. Dinwiddie" and R. T. Walker wero made publishers of the Herald newspaper. Mr M'Leiui objected to the affidavit, asit, was not in order : it n-tis imt ''severally" sworn, nor was it intituled as it professed, til five th j oaths of two persons.

Mr Cress well contended that the aliidavit was iv order.

Thr R.M. suid ho would admit the alliJavii, but would take note of the i.i.j.-'O-tion.

Frederick Giissin deposed he was n storomari in the employ of Mr Coh-n, Napier, and remembered on the'.'ud ot 'his month purchasing a enpv of the Herald, at their piibhski.-it: office," from Mr 0. Price, bookkeeper. Produced th-p iper (put in), and libels were- read as j'olj-.ws: —" A KKMINDKK ---Sir, — Kro any Druid records his vote, let hitn think nftiie Etiier.-oti .street

•accident,' by wH.:h wo lost, our fnees : and who was the iustig*t..r of that, notorious atlair. His very mime ouirht f.i stink h-riceforlh m the nostril-, of .very honor Druid Mr, lam a Liberal, but I will nut vo'e for tiio man who is I-Yodenek C,.-siii*,i nominee, f.ir ..i.eo bitten I am fv.ee sh\\ and I hope others of our Ancient (,i\!.r will d, as I intend doing — !'•.•<• for Swan, and show their contempt for a notiiiiiai.ir.--I am. etc, A Di:t;n> "-- ---•' Qt'ci.v — Sir, -As Mr fa-sin l' .ii'vct .r of the Ga-inoi, rat', an.; -v.- .■!' the Gi-00.-,,.. crowd ivh • ■_' '■■ Gannon •' .v.-n b.-re, I woiii 1 lilc- him t.. answer this: When 1,.- h. id hivfh office in the i'r.iid-. an:! th-.. Druids lent a Mr .'imp-on vH>O on i.-seho'd proper! v (which i- a-oinst the rules »■:,. Mr C.s.siu .Simpson's t.artn-.-: Vi'.nh-r, ww a de:;:l oi .ii — duM -n of part.:,-, r-hip sianoj ihe ,J.iy .-.f'-.-r '; -1 am, etc , In tiik ilxo-., " ' Witness ~,■„.- mue.i . Ho vas the IVeii.-H-k C.issin lvferr-.l to ill that paragraph ; ai;'., the •• (■ C."

This -.(included p.'•-.-.-u-or's cvid-ne.-. and Mr. .VeLeaii said be would litfethe R.M to decide u..w wh.-'li.-r he would allow the whole . f the evidence to be (,'one into.

The Court, then adjourned for twenty minute- i,> enable the X M. to consider the ca-ii's quoted by conns.-i. On the Curt resuming, the R.M. said be had considered the point, and very unwillingly allowed the evidence. It was simply a waste of time, and paper, but he would allow '.he c i;, nee

Mr Mr, Lean sujd in oonseuuenec of that expression ho .--mid only b-'ivlbat '.'.<•; l',i;:;----lish Legislature entirely differed ir hi ifiu view t.i-ken by the R M. as to ii heioK it waste of time. The English LenisL.tiiro had passed an Act which allowed evidence to betaken ill every ease, and it seemed to have been deemed of sufficient importance by tbe Legislature. But they were not, responsible for what the Legislature did

F. Ci.ss.'n to Mr Mci can : AVa.- not pre.difont ot the Liberal Association in Napier, but held the othoeot s.'ireta.y, r.nd toot; r. prominent part in their dclii;. rations. V/'as not prepared to say that he was mainly instrumental in getting Mr Gannon to stand for Napier, but wan one of a body who advocated his candidature. Was one of two who nomiuated Mr Gannon, in November, 1880, held ollieo in the Druids ; was District President.

Mr Cresswell did nor think it was right to ask tlfo vdtness uue.-tious about a secret society.

Mr'MoLenu said tbe questions could be. objected to when put. Wituess: Recogntscd the book produced as a c.py of the rules of the Druids. Laire 10, rule 21, mi (.-section •_», of the rulen made it tojio of l:b: duty as Di.-tric.t President to enforce- the due- oieerv-.i.oi-, of the constitutional laws of the Older, and the by-law«oi the respective Lodge'! of'his district. It was not. part oi the rule-; of tho Society that all applications for loans must first be niude to th.- Lodge .secretary ; it might be, but it. wasn't a rule, but an instruction. The.su instructions were for ]S!|(., and not for Inst year, iv ISB6 was in partnership with W. IT. Simpson hi vanning a bowling alley in Emerson street. Mad it leasehold there, unii in February ItiSii, harrowed £150 from the H.B. Building So'lety on rlic property After that applied for a further l'»:u of

£100: the application wm signed son and Cassia," and dated 2Gth 'March. That loan was refused ; it. was wanted to iiioi-i.-d.-e tho building!! on the property. In Noverr.bor, ltiisli, got ;► ehe.juc sign,; 1 by the then trustees of tho Albion Lod/c . si.v,- llic three trusieee of tjmt Lodge with refevem:!) to getting a cheque signed for .Club; the - —odnewl WHStbn »n,i

cne.pie , .. on,-, ...... ... wa- i written out in Saiusbury and L'.ganV. otlic". It was paid ihci'e, lie believed, to Mr tilmpCon. 'Would not. positively stvur that. Know Mr Euller, one ot the trustees, and if ho said he paid the ehe.pi.; to him (witness) on the 25th November it would not botrii". It. would not bo true if Mr Fuller sai ! hu paid the cheque to him (witness) in the' Bank of- New Zealand. Mr Fuller might have given him tlie cheque, but c-.u1.l not recfleet.. Did not receive the cheque from Simp-ou iv Sttinsbury and Logan's office. Did not know Ikmv Simpson applied tho £100. Simpson paid him £40 he owed him, and might have paid that amount into the Colonial Bank : the bank slip produced wan correct. Me was iv Saiusbury and Login's office for the purpose of completing the Battlement of tlie £100 ami the dissolution. Simpson and himself dissolved partnership by a written agreement, which Mr Jus. Johnstone, signed, in November. Remembered Simpson saving in tho office, "We might havo a legal dissolution now," and tho clerk in the office said the dissolution was legal, ami all they need do was to advertise it. About the lird November Simpson spoke to hint about putting more money into tho iilVa.ii, but told him he wasn't prepared tv do so, and they agreed to diss..|-'e partnership, Simpson giving him £110; £l '. on tho Urd was iriven him and the balance subsequently. Heard bHmpson got the £1-1 from Mr Ruddi.-k, of Ciivc. Nothing w.-n .-aid to Mr Rucldick, ami Mr Johnstone about tbe re-payment of the loan. Could not say wl ether Mr John- j eioiio'ii uwno ww (in thd bills. Could noi siiy whether it was part of tho agree luent between them that a loan should. i a nil.-"t] from the Druids. CouM. „ot say whether Mr Ruddick whs paid out of the .1:100 from the, DluiJ'!. Could not say wluit Simpson iiaiJ done f'\'-~ they dlwoived partnership. '1 tio Couif, then adjoiuiied for lunch. Tli6 case was resumed at two o'clock. F. Oassin to Mr Mr;<,.,e;sn ; Th.,. py-daw* produced were thosn of the, Ab"-y v o dge and Rule 11 K-luut manael . in w l,iol' the tiuid- ni D( , invi.sted. Did not know ' unit any iuVL-;itm--:it roquiivu the a.-tsent of tho Committee of Management n.V a inajorit;. of membeis. Con!': 1 , not say whether there -waa z vi'iuen application made for thhloan ;' aud presumed the trustees told the ■ secretary that they had an application.

Advised tho trustees to lend the amount, and didn't tell them that it had been refused by the Building Society ; told them it was a second mortgage. Told the trustees that it was leasehold. If Mr Fuller said that he did not tell the trustees that it was a second mortgage or leasehold, then Mr Fuller was either telling an untruth or had forgotten the circumstances. Saiusbury aud Logan were instructed by him, for the trustees, to act for the Druids. Did not remember telling a committee of enquiry of tho Druids that it was leasehold. Mr Cress well objected to the Lodge business being divulged, but Mr McLean said he was entitled to do so. The R.M. thought the witness must state in a Court of Justice what counsel asked. But counsel need not go unnecessarily into Lodgo matters. Witness continued: Could not say that the £100 was not paid to him before the deeds wore signed in Saiusbury and Logan's office. Asked all the trustees" to meet him together, and they met at the Caledonian Hotel. Never at any other time put such an application before the trustoes. Tho trustees wore not unwilling to lend. Told them Simpson had been a partner of his, and having dissolved partnership he wanted a further loan of £100, he having already £150 in the Building Society. Told them he felt sure tho security was good enough. Simpsnn was paying £2 8s a month, whioh was to pay "off tho Building Society in eight 3'ears. Simpson would allow them eiirht per cent., and he considered tho security would be double when the Society was paid off, and that in any case the security would be good, as the building cost over £f>oo. Did not inform them that he was to get part of the money, nor was ho to get a procuration fee. The dissolution was morally aud legally carried out on the 3rd November. He had agreed with Simps.in several days before, and ho was to got. £110. That was the first time a dissolution was spoken of :on the 3rd November Simpson paid him £41 ; bad agreed to take bills for the balance. The trustees lent Simpson another £00, but know nothing of that matter personally, as ho was away at the time. Could not say whether he told the trustees that he had not been fully paid his share of the partnership. The mortgage by Simpson and tho signing of tho lease were signed on the same day. Many years after, when he carao back from Gisborne, he was asked about this matter. Tho Registrar of the Society upon the trustees to refund tho amount, as it was an illegal advance. Upon further consideration bo did not remember hearing anything of the Kind. The end of tho whole matter was that a committee was appointed to investigate his conduct, aud there woro severs I discussions in committee and in the Lodge with reference to his conduct as to the loin, and he submitted himself before the commiteo to be dealt with by them. As far as this matter was concerned the committee said he was ope-i to grave censure for the part he hud taken iv tho grunting of the loan, as ho w-»s a partner of Simpson at tho time, and that he mod bis influence as District President, but for which the loan would never have bc-ii granted. Was expelled from tho LoJge for jroiug to pull a man's nose. But Inter on the Graud Lodge ordered his reinstufMiient ai a full benefit m-mber. lie appealed to the Grand Lodge, and thoy allowed his upoal. Did not know whether tho trustees had refunded the money. [ The minute of the lodge meeting was here read, and it showed that the M-ra considered C.issin open to severe censure for sanctioning the loan ; that he had been guilty of conduct unbecoming a member; that tho members thouirht Ihe charge had been substantiated, and that a* head of tho Order he should have upheld the dignity of the Lodge.] James Irvine deposed he was a commission agent, and had been residing for some years in H*wke's Bay. Held commission 'a* J.P. for two years. Had known the informant, Oassiii, for twelve or fourteen years. Looking at the paragraphs in the paper produced, headed "A Reminder" and " Query" in the Herald of December 2nd, IS'JO, thought it was a great slander on Oas-in's character. Mr McLean objected as it was a matter of opinion. This closed thi case for the prosecution. Mr 3d' Lean said tho publication of a libel had been attempted to be proved, but bis friend did not avail himself, nor could ho avail himself, of any Statute. On authority, be submitted ih.it publication not being proved, they were out", fed to ask that the case be dismissed. Prosecutor had proved what he thought was suflioient but as a matter of fact he had not proved

enough. "The R M. thought publication had been proved, and he would put tho defendants upon their in .!. it- McLean called no evidence and the defence was reserved. Tie: defendants were then committed for trial a! the next sittings of the Supreme Ooort. at Napier. Defendant!.! were allowed bijti of r>;> i-i..ii. The rl. M. .said the Crown would ii-'tl)- liable for eoMs of prosecution. The Court then adjoiu'in-d.