CURIOUS LIBEL CASE.

Hawke's Bay Herald, Volume XXI, Issue 7066, 19 January 1885, Page 2

CURIOUS LIBEL CASE.

A libel action somewhat unusual in its circumstances was tried in London in November last before Mr Justice Manisty. The plaintiff was Mr Charles Warren Adams, the defendant the Hon. Bernard Coleridge, son of Lord Coleridge, Lord Chief Justice of England. The alleged libel was contained in a letter written by the defendant to his slater the Hon. Mildred Coleridge, warning her against marrying the plaintiff, who the writer said was devoid of character and principle, had run away with a girl under age, and was otherwise a very undesirable man for a husband. It appeared in the course of the trial that the statements in the letter were not true, the plaintiff's deceased wife having been 24 years of age when he married ber, and bo far from his having run away with her the marriage took place in the most ordinary and orthodox fashion. When Miss Coleridge received the letter she replied demanding her brother's authority for the statements he made, and threatening that unless she received the fullest retraction or information as to the persona who originated the statements she would place the letter in the hands of Mr Adams and request him to take auoh steps as would protect her and him from future attacks of the kind. The defendant took no notice of his sister's letter, and hence # the action. The plaintiff conducted his own case, not desiring to place any counsel in the unenviable position of antagonism to the son of the Lord Chief Justice. There was no attempt made to justify the statements that were made by the defendant. All that was averred was that he believed them to be true at the time he wrote them, and it was submitted that hie letter to his sister was a privileged communication. The Judge concurred in that view, but thought it better to have the decision of the jury on the point whether there was malice on the part of the defendant. Toe jury expreßsed their opinion that as the defendant had not retracted when he had the opportunity there was malice shown, and they found for the plaintiff with £3000 damages. But hare comes the extraordinary part of the matter. Upon receiving the verdict the Judge said that in his opinion there was no evidence upon which such a verdict could be founded, and he gave judgment for defendant with costs.

On the fourth page will be found the following articles :— " A Singular Bird," " A Neapolitan Tragedy," and " Slavery . in Australia." ' Horseowners are reminded that acceptances and general entries for the Wellington Racing Club's Summer meeting olose with the secretary this day, at 8 p.m. Evangelistic services will be held in the Presbyterian Church, Hastings, every evening this week, except on Saturday, commencing at ?.30. Several ministers will take patt in the services. Some . mean thief has stolen the mis-sionary-box from the Wesleyan Church Sunday school. The box, which is supposed to have contained about £1 in pence contributed by children, was stolen from that part of the school premises used for library purposes. In the published weights in connection with the Wairoa Jockoy Club's annual race meeting, given in the Herald of Saturday last, there was a slight error in reference to the County Stakes. Faugh-a-Ballagh's weight was given as 7at 61b, but should have been Gst 71b. The attention of the authorities is directed to the fact that there is a dangerous hole in the corner of the salt-water well in Clive-square. The hole is largo enough for an infant to fall through, and as the square is mu«h used as a children's playground, timely repair may save a drowniDg caso. The Now Zealand Loan and Mercantile Agency Company not having received the full complement of their London circulars by the San Francisco mail, Mr Dobson requests us to state that clients who have not been supplied with copies will have them forwarded as soon as they come to to hand. Some misapprehension appears to exist in reference to the legal right of deputy presiding officers at the poll to-morrow to record their own votes. To allay this uncertainty, we may state definitely that every deputy returning officer may vote, there being no provision to the contrary in the Act under which the poll will be taken. It is time that the directors of the Recreation Groand Company provided seating accommodation for visitors to the ground, in addition to that contained in the grand, stand. A dozen or so of strong and cheap seats would largely add to the convenience and comfort of visitors, and tend very much in the direction of an increased attendance. The Government steamer Hinemoa arrived here yesterday morning at 11 o'clock, having the Colonial Secretary, the Hon. P. Buckley, and Mr Gr. S. Cooper, Under-Secretary, on board. Mr Cooper landed for a short time, but the Colonial Secretary was apparently not actuated by any burning desire to see the place, and remained on the vessel. The Hinemoa remained here about an hour. At the conclusion of the inquest on the unfortunate young man Griffiths (reported elsewhere) volunteers were found to dig a grave that night in the. cemetery reserve, working by lanterns. At six o'clock on the following morning the remains were committed to the earth, Mr A. Kennedy kindly officiating in the absence of a clergyman. Great sympathy is expressed for the parents of the deceased. In an advertisement elsewhere the opponents of the harbor scheme unblush.ingly deny that those who do not vote tomorrow will be counted as voting against the harbor. This is a deliberate misrepresentation, as can be easily shown. There are over 1900 voters on the rolls. Supposing 940 voted for the work, and not one against it, the proposal would be defeated, because the 960 odd who did not vote would be counted as adverse. This is the simple fact, which no amount of contradiction can disprove. A boy named O'Rorke met with a nasty accident yesterday afternoon. Some horses were tethered in the lower end of Dalton-street, md the boy loosened one of them and got on the animal's back, intending to have a short stolen ride. The horse cantered off contentedly enough, but as the lad had nothing to hold on by he was pitched to the ground, alighting on his head. He was insensible when picked up. Dr Caro was sent for, and attended to the injuries received. The affair is not expected to result seriously. In a footnote to Mr John Harding' s last letter we called Sir John Coode Mr Harding's " High Priest." Meeting a member of our staff on Saturday Mr Harding requested him to say that he (Mr Harding) does not regard Sir John Coode as a " High Priest " in any sense, and does not believe in Sir John's planß. Mr Harding added that he considers Mr Goodall's scheme a thousand times better than Sir John's Coode's. We are very happy to make this coreection, as we have no wish to be unfair to Mr Harding or anyone else. The committee of ratepayers opposed to Mr Goodall'B scheme have gone to unneoessary trouble and expense in order to insert an advertisement (unsigned) telling the presiding officers at the poll to use the rolls supplied by the Harbor Board. Of course they will. The committee also complain iv a childish manner that their " scrutineers " have been unable to obtain copies of the rolls. Pray who has appointed "scrutineers?" The Harbor Board's Act provides for none, and the Regulation of Local Elections Act only provides for their appointment by candidates. Who are " candidates " in this instance ? We know of none. Messrs Collins and Greenwood, the discoverers of the quartz reef in Hawke's Bay, recently sent by a Mr Waymouth 1501 bof stone from the reef to the Thames to be crushed. The following is a copy of the report on the crushing and retorting :— " Thames, January 10th. I have this day finished a parcel of quartz, 1501 bin weight, at our new Prince Imperial battery. The result is six pennyweights of retorted gold. The quartz was received from Mr John Read, purporting to be from Mr E. Waymouth. The locality from where the quartz was obtained is not known to me. — D. W. PitkbthliY, battery manager." It will be seen by advertisement that a special train will be run between Napier and Waipukurau on Tuesday, in connection with the poll on the Harbor Board 'b breakwater proposals. Voters desiring to go by the train, which will stop at all intermediate stations, can procure tickets gratis from Mr J. M'Vay, Hastingsstreet Coaches between Napier and Taradale, and Napier and Petane, will run every hour on Tuesday between 9 a.m. and 5 p.m. Coaches will also meet each train from the country at Awatoto station, to convey persons having votes in the Meanee riding. Conveyance by all these vehicles will be free to those favorable to the harbor scheme. The money collected at the gates of the Botanical Gardens yesterday amounted to £9 8s B£d. Of this sum £4 6s 7d was placed in the box at the upper gate, and £5 2s l£d in the box at the Spencer-road entrance. His Worship the Mayor has consented to take charge of the funds, pending a sufficient sum for the erection of a drinking fountain being gathered. The thanks of the public are due to the Garrison Band for their thoughtful effort to provide the convenience named, which is much wanted, and it is to be hoped that the remainder of the sum needed will soon be forthcoming. Another sacred concert will be given at an early date, with the same object in view. The Napier Athenaßum building com mittee met on Saturday evening to discuss arrangements in connection with the projected enlargement of the new building. Mr R. Lamb, architect, was present, and

submitted completed plans for the enlargement, which were approved, and he was instructed to obtain tenders for the same forthwith. The alterations decided upon include the addition of another story to and a general re-arrangement of the present building. When completed they ' will constitute a decided ornament Browning- street, and provide adequtfa^* accommodation and convenience to nfßmbers of the institution, as well as to the general public, who are entitled to the" use of the reading-room. The sacred concert in the Botanical Gardens yesterday, by the Garrison Band, drew a large attendance of visitors. The weather was a little threatening, but no rain fell during the afternoon, and the excellent solection of music played gave evident enjoyment to those present. A number of boys were very troublesome, their disorderly conduct causing great annoyance. If some of these young blackguards could be introduced to Captain Preece, the lesson taught them might bo a salutary one- Mr Burton, tho head gardener, did his best under the circumstances, but it needed a couple of active policemen to cope with the evil properly. The result of the concert will be an appreciable amount for the drinking fountain fund. Tho Hawko's Bay Sailing Club sailed on Saturday the first of a series of three matches, for a valuable cup presented by the New Zealand Shipping Company, the race taking place in the outer harbor. The wind, which wa3 strong from the westward in the morning, shifted to the east, and being light and puffy did not call forth the seagoing qualities of the boats, as much depended on what slant of wind each yacht secured. The distance sailed waß three times round the course, tho winner turning np in the Ada, with tbe Mystery second, the Wave Queen third, and the Lorna Doone fourth. The Ada had an allowance of 13£min, and the Mystery 15min from the Wave Queen, but both reached the post before the favorite. There was a fair attendance of sightseers. At the Resident Magistrate's Court on Saturday, before Captain Preece, R.M., William Masoner was charged on the information of Constable Lawless with drunkenness at Hastings. Defendant pleaded guilty, and was fined 5s and costs, or 48 hour 3' hard labor in default. The money was paid. — William Robinson, charged on the information of Constable Lawless with drunkenness in a railway-.' carriage, was fined 10s and costs, or "4P" hours' hard labor. The fine was paid. — Edward Mitchell, charged on the information of Constable Leitch with lunacy, was remanded for eight days for medical examination.— James Cook and Daniel Irving, charged on the information of Detective Grace with assault and robbery in Dickens-street on the preceding day, were remanded till Wednesday. The Rev. D. Ross, Moderator of the Presbyterian Synod recently sitting at Dunedin, thus referred to the death of the late Rev. George Morice, who ministered in Napier for several years : — " But above all there is one whose genial face and polished tongue and cultured mind contributed in no small measure to the delight of our meetings — one whose removal in the closing days of the year has cast a dark shadow over our Synod. While meekly bowing to the Providence that has so suddenly and sadly closed his career, we cannot but grieve over the un. happy event that has deprived our Church of a scholarly and pious minister, Balclutha of a faithful pastor, and his own family of its head. The name of the Rev. George Morice will be ever fresh in the memories of those that knew him. And we pray that He who maketh all things work together for good to them that love Him may encompass with His loving arm the widow and the children, and mingle their bitter cup with all that is needed to sustain and comfort them." An inquest waß held at Brill's Hotel, Tarawera, on Friday evening, before Mr A. Kennedy, acting coroner, to enquire into the circumstances attendant upon the death of Charles Robert Griffiths, found dead with a gunshot wound in his forehead on the preceding day in a small building at Tarawera. Edwin Burgess, a carter, deposed that he was coming from the direction of Taupo on the preceding day, and when opposite a small building heard the report of a firearm. Upon entering the building he found deceased lying in 'the right hand corner, bleeding from a wound in his forehead. The carbine and walking-stick produced were a lying close to the body, and the smoke Jk from the explosion was still perceptible. Witness had known deceased for several years, and for the last two months had considered him not right in his mind. Sergeant Burtenshaw deposed that he had known deceased for two months. He appeared to be suffering from mental derangement, and witness understood that deceased had been under supervision latterly in consequence. Witness last saw deceased alive in Napier on the 12th instant. The jury, of which Mr W. F. Mason was foreman, returned a verdict that " Deceased died by his own hand during unsoundness of mind." Enjoy Life. — What a truly beautitul | world we live in ! We can desire no better : when in good health ; but how often do the majority of people feel like giving it up disheartened, discouraged and worried out with disease, when there is no occasion for this feeling. Green's August Flower will make them as free from disease as when born. Dyspepsia and liver complaint are the direct cause of seventy-five per cent, of such maladies as biliousness, indigestion, sick headache, costiveness, nervoua prostration, ; dizziness of the head, palpitation of the heart, and other distressing symptoms. Three doseß of August "Flower will prove its 1 wonderful effect. Sold by all Druggists at 3s 6d per bottle. Sample bottles, 3d. Try it. • - 235 How to get sick. Expose yourself day and 1 night, sit 100 much without exercise, work too hard without rest, doctor all the time, take all the vile nostrums advertised, and then you will want to know How to Get Well. — Which is answered in three words— Take Hop Bitters ! Bead 198

An advertisement is inserted by the committee of ratepayers opposed to Mr Goodall's scheme for a harbor. A female pupil teacher is wanted for the Spit district school. Tender close at noon to-day with the Telegraph Department, Wellington, for the supply and delivery of poles and the deliyery only oi material for a line of telegraph between Taupo and Cambridge. Several new advertisements of vacant situations are inserted in the " wanted " column on the front page.

New ties, collarettes, new shapes in linen collars, new fancy fittings ; see Neal and Close's show-room.