THE WAIMATE LIBEL CASE.

Hawke's Bay Herald, Volume XX, Issue 3892, 7 April 1877, Page 2

THE WAIMATE LIBEL CASE.

(From the " Timaru Herald, ") Richard AruStdell Auger Sherrin was charged before B. Woollcombe, Esq., R.M., at the Waimate Resident Magistrate's CQ'urt on Thiirsday, with having, on the 13th March.last, maliciously written and published a certain fake and scandaldiis defamatory libel of and concerning George M'Cullough Reed, of Dunedin, newspaper proprietor, in the Waitangi Tribune, published at Waimate on the 14th March, the said Richard Arundel Auger Sherrin knowing the libel to be untrue: Mr O'Meagher appeared for the accuse 4. - Mr Hammefsley appeared for the prosecutor, and. called Richard Charle* White Cuming} who said : lam editor and proprietor of the Waitangi Tribune newspaper. I produce a copy of "that paper of the 14th March. I have read a letter headed " A Reverend Editor. " Accused is the writer of that letter. The Clerk of the Court read the letter as follows : — "A REVEREND* EDITOR. "(to the editor of the 'tribune.') "Sir,— The Rev George M'Cullough Reed is supposed to have something to do with the editorial inspiration of the Guardian newspaper, published in Dunedin. The supposition, may be true or otherwise — Quien sabe ! At all events, the rev. gentleman is an able man. He is more : he is a religious man. He is, or seeks to be, or has been, a pillar of the Scotch Presbyterian Church. In animal instinct the rev. gentleman is not unlike the Rev Dr Thomas Guthrie Carr. The one gentleman has as much right to the sanctimonious prefix as the other. They are both birds of prey. They both come from over the sea. When the Newcastle- doctor came to Melbourne, and had expended the whole of his funds, and had exhausted his credit, he adopted the charlatan business, and went in for mesmerism and lecturing. When the Presbyterian clergyman came to Auckland from Brisbane, he borrowed the sum of £4 10s, and went into partnership with a man called Brett — a man more objectionable than himself — and started the Auckland Eve?iing Star. The journal obtained a notoriety, and achieved a monetary success. It was, without doubt, under the Scotch parson's regime the most lewd of all New Zealand journals. Its inspired unutterable productions no modest journal, can notice. But the journal paid. Another item of resemblance between the cleric and the charlatan obtrudes itself upon our recollection. It has been frequently stated that the teacher of the Gospel in Queensland was unfrocked for the seduction of a girl of immature age. There is no truth in the assertion whatever. The girl was well up in her teens and solicitous. So they say about Ins alter ego, the mesmeric doctor. But everyone who knows the ' bump ' reader is aware of the grossness of the charge. Woman is his divinity, and to her shrine he constantly does homage. His physique and piety preclude the supposition. Gallio like, he cares not for these things. In the Guardian of the 9th instant, appeal's a remarkable article on native lands, the conduct of native affairs, and the writer's impressions thereon. Everything that the Rev. George M'Cullough Reed wrote bears the stamp of his persistent individuality. He cannot cloak himself. Ego stands in every sentence, and the rev. gentleman writes with a knowledge of the subject. He feels aggrieved, and he considers that he has a right so to feel. Some three years ago he wanted to obtain, in a surreptitious manner, a valuable concession on the east coast of the North Island of native land. The Native Minister rightly and justly opposed his claim ; hence the peculiarity of the opinions held by the gentleman under consideration. He is utterly ignorant of the Maori language. He knows no more of native affairs than he does of godliness, and revels in his ignorance by the iteration of unguarded statements. In the article in question he asserts that although the Hon. Dr. Pollen is the ' gazetted and ostensible Native Minister * * * Mr J. D. Ormond is the native mind of the present Cabinet. He directs the policy as autocratically as his predecessor, and pulls the strings which regulate every movement of the department. He is only invested with the paint and feathers, his utterances are put into his mouth — he dances to the time his master dictate.' Very terse writing indeed. It only lacks one thing, that is truth. Like the members for Mount Ida and Geraldine the writer only presumes on the ignorance of his auditory. And yet, after all, the man may be sincere, when it is remembered that he only learned his Maori political views from Sir George Grey and Johnnie Sheehan. When the Hon. Mr Stafford was in office he would only take his orders from Sir George Grey in writing to prevent the results of the Governor's habit of tergiversation, and very few people indeed would even take this safeguard from the member for Rodney, Mr John Sheehan. It is within my knowledge that Dr Pollen does not take his orders from Mr John Davies Ormond, the member for Clive, no more than the Rev. George M'Cullough Reed or Dr Thomas Guthrie Carr do their rules of conduct from the gospel ; but that he is, perhaps, as independent and self-willed a member of a Cabinet as ever sat at Ministerial table, or conducted the business of the colony in either the Upper or Lower House of the General Assembly. The concluding sentence of the leader is well worthy of consideration. It runs in this manner: — 'From the present House and the ' present Government there is little to be hoped for.' The writer, at one period of his career, went into politics in Auckland, and achieved the distinction of making a mess of provincial affairs ; and once sufficed to make sport for the councillors by citing ' chapter and verse ' instead of ' section and act,' when he, like a dumb dog, sought to illustrate what he could not understand. Such gentlemen are necessary to be kept in their places ; hence the necessity of this letter. Having passed a few years in the North Island, the rev. writer is inclined to say, 'I am Sir Oracle ! and when I ope my mouth let no dog bark ;' to which I say, ' Exactly so, but keep your barking for your brother curs !' " Auckland.

" Waimate, March 13." — I did not see Sherrin write the article. He desired the letter to be inserted as a leading article, but I would not do so. The manuscript produced is what was handed in to me, and from which the letter was printed. It was not signed at that time. When I refused to insert the article as a leader, Sherrin signed the manuscript. I then took it into the compositors. I can't swear to that, but I think that what I state is correct. It was on the afternoon of the 13th. He came into my office the same evening. He put his pen through his name on the proof sheet, and wrote the signature of "Auckland "on the proof. He objected to his name appearing to the letter. He did not instruct me to do anything about the letter. The word " Auckland" appeared as the signature to the letter. I have

riot got the proof sheets. We do not keep them. The words "A Reverend Editor" are not in the manuscript. Sometimes, when a letter comes into the office without a heading, a heading is put to it before it appears in print. I have not looked for the proof sheet. I have had no instructions to bring it here. I will not swear that I did not write the wordß "A Reverend Editor" to the heading of the letter. I read the letter when he* gave it to nie. I think I took exce-ptioii f. 6 one dtf two' statements in .the letter^ mil; lam not certain. I think I askt>d Sherrhi whether the statements contained ther'e'iii were trite or false. I think he said tti# statements were true. I was satisfied on this statement; arid gave 'instructions td have the letter, set lip into type. The ' paper was .published in Wainiate* oti tM 14th March. Sherrin never told die riot to insert the article. Thomas Dowdin Williams : I aniacom Ipositor and foreman at the Tribune office.." I remember seeing accused at about 9 a.m. on the 13th instant, iri the editor's room. I saw him at intervals, till l.p.ni.. and then again in thd evening; He then came to me and asked irie for the proof of an article. The manuscript prodticect was brought to me at about 3 p.m. on the 13th instant. Mr Cuming brought it to me. Sherrin was not present; The proof he asked for was of the article produced. This was one of them. Sherrin, when looking at the proof sheet, said it was not like the copy (manuscript). He then asked fdf the cop,?. I handed, h^rei the proof, he said, " Take oiit my, rfatrie^ and insert the word 'Auckland' instead.'! j I erased Sherrin's name, and scratched ' the word "Auckland" on the proof. He then went out. I gave the manuscript to a compositor to set in type. I , had. no more to do with it. I have read the letter since it was printed. Cross-examined by Mr O'Meagher : He had written another article that day. He asked for proofs of both. I do not think he wrote the leading article dn that day. I have not read the manuscript which you hold in your hand, but I can -A swear it is the copy of the letter which is the object of this action. I handed him two proofs. I cannot swear which proof he alluded to when he made the remark that "It was not like the copy." I believe Mr Cuming wrote the heading " A Reverend Editor." John Scott : I ant a compositor, in the Tribune office. On the evening df the 13th March, I saw the copy produced. Mr Williams gave it to me. I set it up iri type, and afterwards placed the manuscript on the copy file. The article in the Tbybioie, headed " A Reverend Editor," with the exception of an alteration to the signature and the heading, is the same as the copy which I set up. Henry Hughes : I am a compositor in the Tribune office. I think I have seen the copy produced, but I would not be positive. I set the cross-head to the article produced. Defendant did not give me any instructions as to setting up the heading. I took out the signature "R. A. A. Sherrin," and inserted the word ' ' Auckland " in lieu thereof. George M'Cullough Reed : lam editor and part proprietor of the Otago Guardian newspaper. I received this copy of the Tribune by post when I was in Dunedin. Exchanges come to our office, but. this was a special paper sent to myself. I know the handwriting of the manuscript produced. It is accused's. lam familiar with Ins handwriting. The contents of that manuscript are identical with the letter in the Tribune of the 14th instant, with the exception of the cross-heading and signature. I' -have read the article. The statement contained therein that I am an unfrocked minister is untziie. I never was unfrocked ; neither was I ever subject to any church discipline whatever. There was no. such charge ever laid against me (as is alleged in the' : Jibel) in any church, or court, to my knowledge. I refer to the charge of seduction. Had such a charge been laid, it would not have had the slightest shadow of foundation. I was a minister of the Presbyterian Church of Queensland, and I am at present -_, a minister of the Presbyterian Church t' of New Zealand. I resigned my charge and retired from the ministry in Queensland for the purpose of entering the Parliament there. I was elected and sat in the Queensland Parliament. I never heard of any of the charges mentioned being laid against my moral character, until I read it in the Waitangi Tribune. When I came to New Zealand, I applied for admission to the Presbyterian Church, and on presenting the usual credentials from the Presbytery of Brisbane, I was admitted. I started the Auckland Evening Star, and for a short time accused was in our employ as special correspondent at Wellington. We dispensed with his services in consequence of receiving from him an exceedingly immoral telegram. He was employed by us about six weeks. He came up to Auckland, and was employed on the Echo newspaper as sub-editor. After he had left that paper he asked for assistance, and described himself as being entirely penniless. I made him a present of £5, and with tears in his eyes, he declared he would remember it as long as he lived. That was the last time I saw him till I met him in the Police Court at Timaru yesterday. He told me he had been engaged on the Echo specially to abuse me, also that he had been brought, up from Wellington specially for that purpose. ■ Cross-examined by Mr O'Meagher : I joined the Presbyterian Church in Warren f Point, near Newry, Ireland. I was or- -I dained there as a missionary to Victoria, and was stationed in the North Melbourne Presbyterian Church. I arrived in November, 1857, and left in January, 1861. I then went to Ipswich, near Brisbane, Queensland. I was never unfrocked, nor was I ever subjected to Church discipline. I was never censured, or charged with any offence before any Church or court. There never was any complaint made to the Church concerning me to my knowledge. It was solely for the purpose of entering Parliament that I left the Church. Sherrin told me he was ; purposely brought up from Wellington to "^ blackguard Reed, meaning me. He explained that he had been engaged by J. S. Macfarlane, in Wellington, to blackguard me. I have written smart personal articles on other people, but always within the pale. Mi- Macfarlane, a leading merchant, canvassed for the JEclio. I will not swear positively that Macfarlane engaged him. I made him a present of £5. The money was not given to him as the price for some letters that were given up by Sherrin to me. I have written several letters to Sherrin. I have written. letters to him with reference to Mr Luckie. The letters were not returned to me on my paying him £5. I never asked for the letters. He gave them back „ to me after he had tried to get them published. Ido not recollect seeing a telegram from Mr Sheehan about these letters. I may have,' but I am not certain. I may have consulted with Mr Sheehan with reference to these letters, . but I do not remember having done so. Sergeant O'Connor : lam sergeant of police, stationed at Waimate. I arrested prisoner on the 19th March on the warrant produced. I searched him, and found the newspaper produced- (with, the marks written on it), together with other documents. He did not make any reply to the charge. The case for the prosecution having closed, The Magistrate read the usual caution to accused, and asked if he had any statement to make. Prisoner reserved his defence. The Magistrate committed him to take his trial at the next criminal sitting of the Supreme Court at Timaru. The Magistrate consented to accept bail, accused in £200, and two sureties of £100 each.

On Good Friday exactly a hundred trains were despatched from the Rattraystreet station, Dunedin. Thirty-six trains, averaging thirteen carriages, went to the Ocean Beach,

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