ALLEGED CRIMINAL LIBEL.

Gisborne Standard and Cook County Gazette, Volume II, Issue 187, 25 August 1888, Page 2

ALLEGED CRIMINAL LIBEL.

At the R.M. Court yesterday (before Messr, Bennett and Brown, J.P.’s) a criminal information laid against John Baldwin,for libelling John Bourke, was heard. Mr DeLautour appeared for the plaintiff, and Mr Brassey for the defendant. The libel complained of was contained in a writing in a newspaper, which implied that the plaintiff was devoid of all honesty, and was a tool in the hands of others, Mr DeLautour, in opening the case for the prosecution, said the case was a criminal one, and one of those which the Courts very properly discouraged, but there were times when the person libelled had no possible redress except by invoking this well established remedy of the law, and this was a case in which a civil remedy would give no satisfaction to the person libelled. It was not necessary to dwell upon the case more than to mention that the person who was now arraigned was really responsible for the publication which would be produced to the Court, and that he was cloaked by his wife, who was put forward as a person responsible for the foul slanders which were promulgated in the paper. In a case where a man shielded himself behind a woman, and that woman his wife, a criminal action was justifiable. The prosecutor had no doubt that he was the person referred to. Captain Tucker, Mayor of Gisborne, who also was grossly slandered, but who had taken no action, would state that the article referred to Mr Bourke and the Corporation. He quoted from authority to show that the Justices would have no alternative bat to commit defendant for trial, providing that it was proved the publications concerned the informant. The prosecutor’s conduct had been most exemplary, and his business habits qualified him for any position in New Zealand, and he had no party interests to serve. He was singled out week after week to be most foully slandered. He had been most strongly advised not to take any notice, but even in the fact of touching pitch some of it might stick, and it had been found necessary to put a stop to the matter.

W. H. Chrisp deposed that he purchased a copy of the paper containing the alleged libel. G. L. Greenwood gave evidence as to the registration of the paper. Thomas Smith : Was lately in the employ of defendant, Baldwin had been editor of the paper for some time. John Bourke, Town Clerk, deposed that he was the informant in the case. Read the article, in which were the words 11 Cooker Bourke,” which, he thought, referred to himself. He obtained a paper in which was a reference to an absconding town clerk. Also obtained other papers in which accusations were made against him. W. H. Tucker stated he was Mayor of Gisborne. Read the article eomplained of. On reading it he concluded that Mr Bourke was referred to. The whole article imputed dishonesty to the informant. In some poetry the line “ I’ll join the ring with Cooker Bourke ” occurred. No other person presented himself to his mind on reading that than Mr Bourke. By Mr Brassey : Was quite sure the Bourke mentioned was not the prizefighter, Burke. John Coleman alsq read the article, which was entitied, “Dotheratepayers Corporation.” He concluded the informant was meant by “ Cooker Bourke.” That impression came to his mind at once without any doubt whatever. This closed the case for the prosecution. The Bench considered that a prima facie case had been made out, and the defendant was committed for trial. Bail was allowed, the accused in £lOO, and one surety in £lOO. Mr Joyce became surety for the defendant. A similar charge was preferred against Baldwin by the same informant, for libel contained in another issue of the paper, the statements being contained in a continuation of the article, 11 Dotheratepayers’ Corporation.” The evidence given in this case was exactly similar to that in the last case. The accused was committed for trial, bail being allowed. Two informations against Flora Baldwin for libel were adjourned till to>dayi