RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume V, Issue 51, 10 July 1878, Page 2

RESIDENT MAGISTRATE'S COURT

I FaiDAY, 6tii July, 1878. [ (BeforoE. Shaw, Esq., R.M:) R4.TTHI}* V CIJB'S'OIID, Mr Moss Raid tho only othor witnessos intended to boon I led by tho prosooution, wc)i'() Mosars Gullino, Roovos, ond Ouin« norfl, Mr Gullind promised to bo ia attendance-. [Mr Gullino was houo called', but did not nppour.] Bonoh : Well,, what do you want mo ■, to do Mr Moss, you dpnt want jno to sit )ioro and wait till Mr Guljiino pliar.o* to. app&nr P' Mv- Moss~-Thoro 1» Mr Gjiuwss*, wo rcqaiyo his atfceodiiu.ee',, Beijoh, } W©U» wlvy i' 9ho not lumo ?> Ho is 0110 of tho parties acpusod, and ought certainly to k> prosont. Mi' Mobb said tho subpejnn for ftjir Guinness had only boon issued on, tlw day, of cnliinqr tho robutting ovidonco. Ucnoh ! X should not havo thought tliat ho required n Bn,b| oona to nttond. Ho in accused of being piwtiojpitt wintiniQ—it thoro ia nny orimo—nnd I should think thnt lio would conHidwr liirasolf hound to attend. Mr Moss : Wo havo ttono. all wo- oould cjo by issuing a subpeo in to him* j Bench : Tho Court cannot bo bound by a HubpoMin issued at fclio. eleventh hoi>r, , Tho fncfc remains that ho iti not here, ' ncithpr ia Mr Hooves, and thoro is no* oortainty that cither will nfctond. Mr Moss said tho eubiomas had boon isswpd at tbo earliest posuiblo moment. Bonolj 1 I don't know how you can say thak. You hnvo now boon in thfl oaso for twowcolis, and' yoi* knew porfootly well tho. class of ovidonco you would havo to meet, and should, thoroforo havo boon prepared. Yo\% now ask mo to grant on adjournment, for what purposo I know not. It is a moro mockery— -it -to merely trifling with tho oourt, Mr Hoovros' ox* ! ponsofth/ivo not boon tondored 1 to hiniy. wither ban Mr Guinness, how thon onn tho Court infer, that they will attend, You know Mr Moss, just as well as I can tellyou,. tlmtany wilnoss can rofuyio. to attend unless expenses, arc tendered., Tho Court is not blind. Mr Moas assured t\)o Bonoh thnt ho did not mean to triflu wUh,lho OouJt. Bench )• But you aw already doing, so j ; you knnw perfoctly well that Mr Hooves will not attend,, nnd ynti nlno know, on ou«ht to. know that Mr Gqinnass caiuwt. Mr Moss said 1 ho did not know/ any*, thing of tho kind. Ho had bpon n,d?i«pj tlwit thoy wouU attend. tfonoh — Thon you. hnvo boon wronglyadvised. You instituted th#w precood* ings, nnd instead of being fully propnrod with your evidenco, it, haa boon an effort throntfl»f>ufe to.getyou to prooeod. Your witnoHsos havo had to ho. draggod into. Court ; horo is Mr Gullino, a wilnoss who resiilos in' town, nnd could ca<iljn hfyvto. boen procured. Thon, there is your own partner, Mr Guinossj; ho hul thoprosp* out ion nt tho oqtsot, and has iiinoo> «))• «<»ntod hinjfwU. An, c"unseli in tho ouso it wua his duty to bo horo, and ho had no right lo.loavp iwifril tho onso. was finished. Mr Mos.s 1 Doon.you Worship think that eounsoli visiting, an upuiountry plnoo liko tjvis can remain so. lonft : away from his pr.aot.ice, j Bench :■ I do. fay. that when «, co 1 nsul accepts a rotainor in a oaso ho hats a per* foot right to sco ib through. Mia his duly, to. do so— -at least that is my id^a of pror fofluional oliquoUe ;• you aro not bound to follow it' of course. Mr Moss said that it, was quite impoa*. biMq for Mr fluinnoss to remain so long. Bonch » I dftnH a«roo with you » Mr Guinness was ono of the parlies- indirectly attacked ; ho was ono of tho parties. al« logod to bo in tho so.cnllod cotiopimoy ; ho wa* hero at f/ho outsot of thooaao, and as n ooonsof who had takctv ufeo to< prosecute,, and b\ (ipito. of l that lie ahncnts. himself, and now a/t«w- tho expiration, of two weclfft you. ask- mo to atl^ju/u t lie- oaso for his attendance. Mr Moss j Wo issuod tho. aubp^.m as* soon- as wo could, Bonoh : ; Ho ought not to require a subrcona. I have no puoof of tho sorvioci of tho. subpeona, and It aeomn optional whether lio attends or, not. Hbwcvop,, to roduoa. tho mattor to an issue, whou. do you ask tho adjournment to PMfr Moss v. Mows Guinness and Gnl» lino will bo tho only witnoasos wo wiill Call. Bench s. As fan as 35 am informod no, cxponsos hsvo boon fcondorod-to Mr Koovcuand. ibid therefono unronsonablo to oupoot he would come all the way from Welling-, ton moroly to oonvonionco your olient.. Mr Mobs : : I am inulruotod that Mr Ueovos will bo horo on Tuesday next. ! B»nchi 1 The Rubpoona was oniy iaaued on Monday, and it will not., thoroforo, reach him boforo nevt wook, and. thon ho may oomo or not os ho likes, and tho same remarks may bo applied to Mr Guinness. Mr Moss : Mr Guinnoss did not know, thqii ho would* bo rcantod'. Bench ; 1 novcr had n partnor.but if I had I should consider it my duty to keep him posted up in such a mattor. Mr Mobs asked for an adjournment till next Friday. Bonch :■ And thon you, will probably find yourso'f in tho samo position that you aro at, prosent, for I know for a fact that Mr Guinness will bo occupied nil nox,t woel^ in thiS Grey Valley Courts..

Mr Moss tliouijlil difforenily, imd tlmt ho would thon bo in a bottor position. Bench t Then you aro in the durk, Mr Roid strongly oppoxod any futhor ndj.iurtimenb of tho ouso. Tho prosecu'or had brou^lit # oUarKfl (»«««««* Aofwdnrit and it vyas l>ig (prwocutor's)) duty to hnvo oomo to the Court fully proparod with all lfis evidanoo. bat wlmt did thoy find, that, jfts tho Boneb, had iustly retnarkod tho ! witness for tlio prosoovHion hud had to bo idru^od into Court nnd cvetytbiiut bud bdflQ done by tUo otlmr sido to kinder and protrAO,t tho hewing. Tho Court would jfooolloot that it was not tlw>. cUl'cndunt ' «lia roq^uirad tlw ndj^Uirnmont bu* tho prosooutor who, ifr witters, were as ho ropreHontod,, should, bo ia tho fullest, portion, to, mako. out his caso; what guftrautoo had, tUo Court thnt th^ pro* Houuliou, would bo onfl wb.it furtlwnadvanocd' n,t bho expiration of another woakP 1 Nono- whatever. Tho suibpaw* to, Mr Gq.irjn.ess cottfl bnvo bco«itak.on, o*j.t several days proviously nud tlwru h«di boon atnplo oppportnuity fo« bh« witness to attend if lie wished or utkjukid to do so, lio (Mr> Jieid) would not opppso any voasonjifyla odjourauwti^ h\\,i ho Htronly pro too tod ngainut tho procoejin)j;» l»oing put off' for a week. Tho conductoftUo peosccution. Utr wghii*-, had been titrduy and protracted, cau*in« ineonvienco to tho Court and annoyanco to t^o clefoiidftnt ho woijld ank tho Court whether,Iho af>|>lioulioa by tbo othor sido was «. rojisonnblo ono, Mr Moss ? Bai4 Tha diflloully was. that) owing to tho ti;rn tl|p proceedings, had talion Raithby was roally tho deleudant in tho oaso. By a Bide w.iud &n<thhy was upon his trial fotr oon,s|)iraov, and it ho was found Ruilty by tho present pro % ROou'ion being dismisaotK tho Courboou'd hoo what an uu|lon.saAt pOhition KaiLhby would bo in, Bonoh— 'Thorto who. i>wtigatod tlw prpr BCOiUion should hav.o fornoen thnt ( ; thoy had placod thin man, on his tninJ, and the naliu'al instinct of an, noousod, in to dofond. himself. T/I»oy havo put tljo defendant upon his bail,, and they should lwvo fully tyUioipatod what win to follow. Mr Moss,— Wo. ooujd not, procoed vvilh fchp pvidonco. in robiUfil until tho (Icllmjdaiit's ouse hud olosod. Tho- prosecutor's ciiho has not boon unduly delayed. JJonph— • % am not coinpliiijiinn of the m,ani^or in which your uuno> is pr > coed-> ing j; it is. pvooceding very iiiiicly, but, n.'ifortiwiatoly,. wo will not livo to tno am» of! patriarch!*, (m t it is tho< flvnt time in T>).y oxi erionoo that I havo hoard of a olii'tit sub] oo.iuiiig hw own oounsul. You knew what the dofctyuo was, Mt Moss-^But wo did not know what M'ilpossos they intnuded to call. BoncliT. Il^y montiouod< UionatnoA of acveral,, Mr Moss-wOnlji Ihroo. BeW-'h—Well,, aid you expect that they wero going to disctoso their,, hands fully to you ?' On tho 2Cih Juno- tho dofeneo was difioloHcd,, nud you know that, under the immoral head of *• not guilty,' ihpy in« loiulhl to plead juptifleatian, You kivw tin I Bilker and others w»y Ih'it (hey wero-shufc out of their right* by tbo salo of (iho tnino K aiul W that* oonaistnil tho nl|t()jcd fraud. IVir Moss-^\iuHt in. in< relation to that that wo rcqniro M/r.-Guinne^'-evi-dence, Bcnch««Tt' i\fr Guiniveas were hero }io mi^lit bo able. to give a lo«al opinion. upon that mattor, but (hatwoiUd not help you in so flip ox regards tho onae. Mr Moss Raid. Mr G^iuuoss oould. give. 9vidonco in roluUtal. Bohbli-— I am to ,belliwe thai>Mir(ln, • Daviea, and Tapley, ! when thoy say thafr tho mine wan sold to.geb rid of the Iili«/H. lion thon, pending, spoko tho truth. Tho company wn« inpolved J ia litigation over an. flHepfod forfoituro oit 1 sltaross an.l tho directory slwnkod tho libigJitiou, and dotorminod to g<'t rid of the mine. It' "Sit Ounnneas therefore f o |t thathowa<i nnplicatodnir t>ho libol, it was doubly bis duty to bo- present. Filling tho position. of oouwol for tho, prnMonlbor, nnd alleged 1 oonspirafor he ought to he hero, further, thero is no intimation that ho. can. or oiiiih not come, but when a pwfesfiional mnu aecopts a rot ni nor hois Uound to see it through* or sho^ vary, vaHd reason:) for not doing so> Hjftr- Moss thought that tho Bench did. not undorstand Mr GuiunesH* position. Bonch-TWhat I thinly of, M^GminnDft}' position I will not stnto. ' Mr M'osfc thought tliat the rom/irk* of (ho Bonch about Mr Guinncos' expenses wero cyiito unoalld for. Benohr^lt is all \tory well M?r Mo»» to MiJ»»a^iny)ortiacnt rotoarlt and*. then sit down. Somo fwrtHer disciwaion took plnoo, and Ilia Worship said that ho had no deiuro to prejjulioo tho picosocution, but ho would not grant any further adjournment for the altondiiuoe. of witnesses. Tho oaso would, howevor, siaud adj,oun>od until 10 o'clock on tho following morn* ing whon Mrlleid would bo> called upon, to sum up for the defence. Tho Court thon adjourned^. Fpon tlia- Court romming on Saturday morning.. M» Goliti Campbell oame forward and' said' that ho bad been nubpnnnod by t«ho proßoe.ution. and not called. Ho had! boon in oitoiulonoo upon the Court for two days, j Mr Moss said ho was torry for tho in« . convenjonoo oaused to Mr Campbell*, but

from remarks mudo by tlio Hunch at nn oiirlierstago of tlio brooreding* Hie prosolution had decided not to call Mr Cnmpholl, and other witnesses sub(lOsriAorl 1 . Ife (Mr Moss) vvctild,, however, ninko himself porsoually roflpoiwUlo far Mr Campbell's oxpensos on tho sanlo provided. In reply to the Bench Mr Carapbel' expressed- h ; .» readiness to nooopt Mr Moss.' personal assurano*for thopnyment of his expenses. Mr Campbell snid thore was Another matbor upon wliiich lio askcl tho indulgence of tho Court to. rofor to, Ho fiaidt ho had boon told that Charles Miirftahad sworn during his examination in the witness box* that ho JMr Carapboll) JSmiand; dosirod to. say that tho statoment in question was utterly false, n"» and the Bank of Now Zealand had sent f\ r men. from Kumara, Tadmoro, nnd other plav.es to bring notion* Against tho Definnoo Company l>e> (Mr Campbell)) on, behalf pf himself and tho Bunk of Now neither himsolf nor tho Thnk, had 1 sonb for nny persons, or assisted thorn fa any w«y in bringing nctionstgninst the-Defi-ance Company. Ho made- this e*pl Analion bocauso pcoplo might think that Mirth* was tolling tho truth, when Iho statement was nothing short of a g«>Bs fabrication. Bo (Mr. Ownpbol 1 1.1) 1 mad* this explanation, in justice to liim^oif nnd 1 I tho Bank of New Zealand 5 ' I [Tho question of Mm- remuneration <o witnesses, a large number of whioh had been sHbpoai ied wn" horo onnsidemdj. Mr P«id directed tlio Uenelv to discretion osted m. tho Oourb, under .THisttco's of tho Poaoo Act, by which it lmd'powor to nllovv wifnessoa 10« por dny andmilongo. { His Worship said ho would make & general order on, tho subj^ot, at tho clono of tho case,. Mr M'osfrgaid' Mr Guliino wan now in attendance, and tho proiioniition would liko to cnll hinn Ilenoh ?• I nnv nffnii t cannot, depart from tho order nlveady. mnle k The e«se hum now oloso<l a* far- as tho roooption of ovideneo is. oonoorivd'. Ma M*>« 9- did not understand' illnt that wns i ho ruJin« of. tho Court on tho- \>vevious day,, llonoh !• I was very distine*. T «nld t»!int in the mornihfl:. I would call upon Mr Reid 'a- sum up,. and 1 then hear yon. Mr Moss aud twn of his wil nesses wo'« already absent and' tho. third wns now hove witUina to bo. nailed. Bench (> Mr Gulline wns enlled yester« diiy but did 1 not appenr, why, I don't Uivvr. Mr Held' stronnly protested ngainst a re«openint| of tho ense. Tf t<)V»»* were alVowod the case would bfl hutiij out in« definitely. K the o'her sldo w.-re nlloae 1 to call fiu-lher evidence, ho(MrNoid), wou'd ill o olilm a. SMJiilnr induJtt«»iu'e» There con'd* have. beoi> no> doubt »-* to. tho order tuado by tho Courbon t»Vo previous day. "Bench : I nsked' you yoslerdny, Mv Mos-i, if youiwero pwpwed' to. goon nnd' you sniM no. Mi Moss s: I was under tlio improasioui •lab I con'd call witnesses to-d^iy. Henoh—T can't help your imp'vfwions.* Tho case is ; now olosod ami' cannot bo ro<> opened, Mr Hvv\ said it now bocanio his dutyto sum up thfl. ovidfriMiO fl^r ttw dl'foucoi Ho would o->nft'iio« himxolf to the l'iw of tho two* and in the first plaoo would rend' ho information. Tho. dofendanfc wns phnrgcd>wilh " unlawfully, wickedly, nnd malicioiifllyt wrilinu, and publishing, nnd onuHincc-nnti proeurinß to be writton and publishod in tho ' Inasg.vH'J.v Tf.wm' ! newspaper, a fnlse, scmdnlous, ran)ii)tour' l nnd doftimntory Ithel." Now, Ueforo considering (ho whole of tho evidence,. Iho Court will have lobe satisfied that sufficient proof had been nivcn, of tho publication of Iho a'.U'ged Hbol^s. ihis wun one of iho essential proofs itii tho oaso. Tliero must bo very grave .fltxuht in tho mind of tho Court, whether thoro was nny evidence whatever of publication by defendant. l£o would next i l " Per to tho cliaraoter of tho- pro* I Bccutiou*- At tlio very outset of tho oano proscoufnr und hi» oounsel wero at apen variunoe. upon a vital' part of the infow»a« t'ip,n, thiMtomiftol contondin^ that ho (Mr Ghlinness)i was thoporson iwforrod to in the pnrnitraph, n? an. fvppropriitfo in«tru« mont, wliili). prosecutor maintaining, that ho (proseeQior) was tlio pewon alluded to. Now if tliero had Ucon< any tjreott Rv>icTaiioe to complain, of. titore could bo nouufh. doubt ns to fcho person referred to. in tho paragraph. The information Uoinfl ecyiivhlont to a declaration in an aotion for libel. Ho still mantained as on a previous ocensiou, that it waa-not ooßvpotont for tho defendant to. #ivo ovidoncoofta libel, diilorenc to that com* plained of, They nil eft o that they nre nggriovod by one interpretation, and yet moke another statement, which entirely disproves it. Thcro was ihis reninrknblo fcaturo about tho infovmation,. and' ho could notprococd without roforring to the oxtroraoly tardy,, nnd vexatious character of tho prosecution throughout. Instead of the other side expediting tho prococd* ing 3, thoy had thrown cvory difficulty in tho way of a fair hearing. The- dofonco was first mot with the sburd pw> ( .osi« tions, that no ovidonoo could bo tendored to show that tho. allogodi letter wns priviloged, and with tho still grentor absurd* ity that no ovidemeo of jnsiifvontion could bo given; but tho fnllucy of thoso coo* tcntions h|id be on shown to tho Court, uud tho defence of ifistificatiou bud,, bo

contrn led, horn nbundnntly proved. The | no-cnllod rohuttinfl evidence had inllen wholly Hhort of whnt was promised nt the outset, ami left tho Hnlwtnntml wsui'h unchanged. Tho doteiidttut, it wns nlleuod,, h»d been «uilty of nmliciounly writing, <fee, l»o liad however jjustifuHl by proving tho truth of »tHtt>in<mts and yet the informant lindnot even attempted to prore nctunl malice, which, clonrly was his duty under the circumstances. I Bench — The proof ot uialico i» not requisite. Mr ltoid oontinuod —Wo allego tho truth ol' tho letteciii qiiestiou, and. it was therefore inoambout ua the othoc side to show nolunl malice. The tnitli u> the alleged liboUmd buuii. nbuinlaiiil.v proved and the question of actual innLico luiu 110 vor cvou been broaojusd by the prosecution. Tho dicfeuco wa&thut tlie writing in quos» tion. w.a.s for tho publio benclu, and i:i defence of nouuscd's iutoroAf,, wid it wai thoreloro iiaiuuLont u^ou^ the othor Htdo to givo evidouuu of other iauta showing actual tnalico towards, tho iufocmuut :.thut iit» a, feeling ot'cenl ill-will.. Tbo JJcnoli .xiiid that the letter could not be regarded in. tho light of, a privileged j ono, Mr licul :. Proceeding upon, the plea: of just fixation, in order to A*certniu the I , truth of tko allegations m,\do, wo iiiuhl |; first look into thu evidence to ascertain wliotlior there wu*. n, ooiispirncy bntw.coti two or, uioro- of tlio parties rolorrod t)« t»wroi>«lully. dofrauJ,. \ eoattpiruey. vvus-nn ogrociiK'Ht butweon, two oe more persons ! to ehuEgo Another with a crime or wrongfully prejudice him.;: although, it w.im umial to, .set out thu overt nut, yet this ua, s uol absolutely ucco.s«;iry in all cases,, nor iv, the present case,, but hero wo had girou pniot' of .-moli nets. The overt act t ,in tliid oiide Was the soiling of the mine, iukl attempts of the parties to dopiooiftto its public vtiluo ;. tlio uonspiraey. was tho unlawful ngreoment it«eU", First,, us to tho SHu><>f the mine »t a notoriously itnuloqunle price— stu-h nu, Jnudpqnaey as would sliock tlie eoiiHoiouco und iifJord au irresistablo presumption of fruutl. What Were the suspicious oiroumHtancos 5 the manager ol tlio co'.upuny selling JJjWO shares at. 3; I, that whioli was not in itself a suspicions oireuuisiuuee^ taken with tho siiloof the. mino, ni».l other facts became ominently so, VVlmt aro tho fuels of tint mook sale ? Tlie munitßv'iV Mr Dnrios, isuthe seller i lie tell.l us he was anxious to. gel tho he >t po««i »lo- price for the sharoe, Hv (he manager) whs not, however, avcti presunt at the sale, flud never cvoninqmrcd when it was. 10 take pluqe, nn lat llio time thn<sh»reti' were being s<>ld- Uj wrtiMU another AtiotioiK The wholo (•ireujiistaiimM attoiidoig tho so-onlled salo tt l,)n«^oii's hull riero a tnoekt>ry in every Mt'tisn ol'.W word ;. there wore only two '. |.<*r < Qiiß pri'si'tit, hesides tha two ciiPpoo'trrs vvltt» wero wording in tho building ;. 'there was uccluinly tio bnwijidn attempt 'upon, the pnrt. of tho manager or the iiuc io vvv so ohttiiititlio best price f<>r the shifos j. tliM prosmnption would rather soi'in to he that J),iv.i6s was anxious to got the lowest possible prioi'i. PiJ the nuclionaer try Uii«c', a uruwd into the ro>>m, was eron ordinary piU>lioity given id tho sale fV The ajisswer wiis. undoubtedly that he did not,. Alnliti was the ouly one who saw thu door oft In; ha 1 ) open, Jk'tuilu tint h >« do you eonnoot llaithby, with \\\nl sjili' SMr Keid i IndirecMy, with his suhso* aiiotit nets ;, the sulo at Dawsou's. wns the (irst sicp to the sulc of the mine to him,, wliich followed shortly niter, at an enormously, innniqu te price. Bench : : Uiuthhy is rufurrad to as on instrument to 1 HVol h mock sale.. Mr l!oid :. Y«\s we ssy th,it he wiisin* diivctly connected with the «nloin the light tint a mun who joins in a conspiracy at a kiil)Mi qiu'Mt stage ot its i'xiiimmcc, thereby ttuilxci himself responsible for till tho pfi" vious ucls of, his t'Oroonspiraturs, the .sale in 11 private rooui was the lii'di su'i) in tint (liiooiion. lietieh ; But it is not a privnto rourn., iniisuiuch as it is opon. to tha- pu»lie, Mr Kei.l t. Il submit it is.. Bench : It is public- iv. the &nmo «onse Uiab an hotel m Mr Hoid :? IJotols ace mide puldichotlHC*, by t\oi ol Parliament, nnd it 11 porson presents himself with sullicient money nnd inn proper oonditiou to n uhlicnu lie is bound to givo ban accummo(iution he souks. • Donah t-. I dwu't think, ii, a fivir dt-sorip-tiou, U)>sny that a hull ad^iiiiiivg n public house is a- privnio roonu , Mt\>Ueid :• It. is a priy.ato room. Mr jDnwson can sefu.^e to l»t it to nnyotie. : Bench : ; But thero ia tho inpondo ab ut a priwjuc room. You or* bound to provo under your plea, that overy statement contained in the libel is true ;. you must justily evory statement made in tho letter. Mr Koid : Wo must gnthop the fact from tho whole oircumsianoos. Bench *.. I qjiito agree with you that it was>a mock sale ; it was a great farootor Hoeyes to stand up in a room under suoh oireutmtanees, and no ronpootablo nuo» tioncor should londhimselltosueh a thing unless instructed to do so PMi» Keid : We contend that it was the first step for what whs to oomo nftor. The shares, wo allege, wero merely put up nnd knocked down, so that the directors could afterwords, in trying to justify the subsequent salo of tho mino to ltnitlihy ntso 'ridiculous n figuiv, say" Look ot tlio sale at Dawson's, wo have not undorsold the mmo." Davios, tlie matiagor of the com* pony, put up the shares for sale; and Mtrfin, v director of thoeompnny, eonven iciitly sees the Sulc, but professes thut ho knew, nothing about it previously. ' Bench :My rocollcotion of Miirfin's cvi« ' donee is Hint ho know of the sale from tho advertisement. ' Mr. Hoid said' there was nothing of the [ kind in the depositions, and ac (Mr Hoid) must keep to tho depositions, Bench : Miriln in his evidenco did refer to nn advertitomont ot the snlo. Mr Moid : Yes, an advertisement which did not fltnto either the piano or time of tlio sale, a circumstuueo wbi.eh at once

iMtntip'l it* elrinetiT, nnd- whsf «••«■* Mr Mirlin's noli"ti i»|» >n seems' flu 1 comnletion of Hie «nlo ns -i|l«'i?cd ; 'to • ' not £a m-ddc to n«<vr'»in nnv dr>fi.niljH">'ir r i'ulirs, ns n director ot l!n» 'orn-nffiiy- mi»:hfc ' he nn'nnflv siiiituwd r<) do, huo dinvflv t ho shntiw wore knonkod down ink on flm nueh'oupers word fnr if, nnd buttons .'ivv.iy to MV !\f'h»iin nnd hnuds up n memo* I nuuluin s yin ; (hut ynoOi shnros in t ?*•■» | 7>efi<Hice Company bud jiwt boon sold lor 3>l. what was this iction on Mirfin's pure intended' to ellVni P ; lfi» (Vir Iteid) mint contund that Mirfln wished it to hnvr fho effect upon M'Li'iui'a mind which \t A'nihave,, namely to s'nijgor liini, nnd therein' try and prevent M'Lenn from ■ pnfrimr un> I lie Dtfliuißc sliiriw which ho was nhoiir, to soil. Ho (Mr Ifoid) would n ->k fli»v Court tor«K'»r<i IWirfi >'s evidenno on this point im< positively unrolinbl^ mid t> con* si ler hi* statonitint, *' Tltnl it wh mil of II pn/O' furling; of friendship to NT'Lenti " I hut lift handed: tlw mouiornn'mn to him,. uh ho was afraid' t lint Uo (\f'L nil) mie'it buy thorn Ilimsp.ll, n* who 1 • untun. Hit wholo ovldoneo wis to make liijht of tho sal© nt M'Leans • ho says tlint the share* nt M'Lean's were knocked down nt 4s, ntul llavios. of com so, followed, in tin* statement; bhoro wjko, hnwovor. iivlepoi.denfcwitnns-uM to pro«<« that tlnj. shares- were kno«V«1 down at ss» nnd'Hte hnvi 1 , besides, tho auctioneer* instructions that 11 reservo 0 5s was placed on, ♦ho t«ali' j l)(»vio,n md Mirfln »vero in tho nlb'god conspiracy, and their evidence thould, therefore, be takon us colorol; m to tho in. iideqiuicr, it w;is not accounted for, even, taking tho prico nt is. Mirfln contradict* I Dornan on tririnl p"ints only, nnd tho !»nino. renwrk npp im) to tho vrholo of tho so-eill ..I rebutting evidenoe { tho ro'uitt il wns not upon tho substantial nllojjntiois, hut up n. inure livttlMV of rletnil ; ns for in»f-."*nc», l>r>--»nn snys that ho infe'-ro.l from whnr, Mii-tin, told him thivt he (Dornun), would <r« t. h * *lmro.» ; Mii-fin comd not dony that tho oons vowrttion to»l< pluro but *dd that hi> lunvr told Doriiiin that his slvm'9 would ho pc 1. tooted, nnd i\\\* wt»s. thi? olrkits ot' rohiiiiimj oridenno which Hnithby hrtd pivon in rolntion to the conversution with liuyfoiM, and tho i>Mnc with Dimi's in iol:\tion to hi^ <mhvormtion with 11.-»yfoild 5 tho rebutting cvi' donco wi\« a more pluy upon wor^s, nnd so far ns concornnd tho inndeqnsioy of the price, tho mock bhlo and tho defrauding I'orinin nhtrcholdorii of thoir shures, not n tittle of strnightforwnrd ovidouco hud' bi'on given. As to tho evideneo of Bnyfoilii and Tnploy, thftt of tho liittor oloarly showod the reasons tho directors had in diapojing ot tho proportv in tho mannnr in which it tas done, Tapl'v'* ovidonco upon that head wns uncontradicted,, in, fact no roferoiu.'o whs nindo to it, by a sini^lo witness called in, robuttnl, nnd tho fad, of such n itatomont coming from a director of tho oompany, nnd ono who admit* th it l\o look in. active purt, in tho mile of the lr.inc, and nrtgotiiitions, wiu outidod to tho very greatest weight. Bonoh: Tlioro may bo a mock salo nndi oon^pirnoy to nninnoccnt ?ondo", Mr Rcidt \V« can only ffnt,lu)r tho intent, frOHi.extrnuooni nets; wo find that P:\vio* flr.st-of nil muted upon Knithby nnd nlVer«l tlio property lor, sale ; ; R<iithby liim adniittod that nt that interview some couvomtion ■fn-ik plnoo, but does notromomhot it, further lluui that it wns- snti^fuctory to him mi. l hn, n^reod to purohuso; lUithby ncceptu D>>vio-<' oilVr nnd Dimes ngrces to tflke K.iitubyV hill for tho amount, tho proposal i* then earn.-, 5: to tlii) directors and nt ono>i swallowed hv them, and Dnvie* nnd Kidthhy worked loIjeihnr in fonnii)^' the now ooinimnv . llaithhy u.linits that, Davic*' explanation-, to him wore hiijldy satisfuotory. nnd ])*»ios remains 'ho. in tnngor nnd director in chief of tho nnw Th'Hturo, and whatever sn^Rcstions ttr(l mndc l>v f)avii!B, they aro faithfully flurried 1 0111 by R'tithby. 'J'bo frnudnllo(?ed wa.« that corfnin sharoholdrrs in the Defianco Campany h-.ul-ri'OoiTod shares in tlio Victory Company tin. l o'hew had not, and in tin* way the original' intention wn* named out. The «nlent D.iw. son's nnd a»de of tho mine wore nil acts in, furthoran ;o of tho eomm ( )ii «l--sign and nllbrdfdigood ovidmco uv'ainst my persons indicted for conspir.ioy. TliotMj^j'fl adx durod wa^ undonbtcil a^ to the ex -Wffo of t\ oonspiriioy, not only in. relation to tho sales but.other extraneous nets, mid l<i.vconnection with ono nea»B.-<arily. involve I hirt con» nection with the wholo. It was for the Court to Siiy wiiot.her tho wholo of t '•> <>ircuin«. stuices wero consistent with, tho in loccnce of tho vondoo, and. nhuthi-r or not the writini?. was justifiable on thu ground of public policy. Mv Moss said it win not neee^sarv that, ho should rofer at any loinjth to the inlicimout. Upontho lnw.of the oa^o ho cited the emo cf VViinht r. Wooden te;. Heiioh :• [ orse tho nrtiol:- i* gi- -^Iv- I'lW*. lons, unions tlw other su'o prove its ab.-o.uto-truth. Mr Uo ».■ Thov allege a mock nule ntt n.iWv«nii's j tlie sthiMvs worn put up fN 1 bin* lide t*a|e, and the sale was conducted 1 pab« licly, tni? do.ir b. ing op>'ii, Hench.j iVoburiness . m*n coul'l «ay for a moiuont in regard to that sale l)avi.«hid nn, honect desire to. attain the best prim; for his. oliarod, «nd that an auotio'iecr, wouM stand ui> in the presence of one man nnd go through, tho faicool tt.salois most surprising. I 1 think Ui.it in 1 o.iinion honesty Davtot got, too much 4 i»s ho know th»t tho buy 'r would never net,. his mouoy out ol them, this on his own showing.. Tho transaction was not nn honest on«v mid it i« qnito certain that no legicminio Auction took pliice, Mr Mnss : : VV« allow that tho- Mile nt • M'Lfftu'a whu no sule, nndi theceloro, therocouidbe no irnud in the sulo to Rnithhy. Bench :: The ocaeniial p*\«: of tho libel is proved by tlio uncontradiotcd Admissions of Tapley, nsgiron in Hdfloild's ovidonco. Air Mofs : But M^ Tapley bus denied tho truth of Mr HayloUit's ovidonce. [Tho depositions of Bayfeild w«ro bore read ovor as nlao t\\o»o of Tnploy, nnd it wan found that Mr Bnyfoild'i ovidonco in ro« feivnoo to the conversation with Ttiploy was not ovon alluded to.] Bench : Mr Hnyfoild says that T;iploy told him outride tho Court IFoiiso that th.) s.-il« to Rnithhy. was no sdo tvl nil, but, win simple for tho purpose of keeping Hnkor, Lynch." nnd others out. and that ns soon ns tho litigation was over tho mino would be ro<trnnslVrn)d to tho Defiunco Oompany ; this is substantially a re-echo of tho words of tho libel. Mv Moss said that Mr Tapley had contra* dieted that ovilenoein an other case. Bench : I know- nothing of that } the «vi« deuce stands unoontrndioted upon tho depo sitions in this onsc, and by those depositions X must, bo guided. Mr Moss said that, the sale coul'l >iot havo been m ado to got rid ol Baker and others as their shares had previously bceo..io forfeited. Bonoh : They allege that their shares worrt nevor Ibgaily forfeited, and it wa? an ossontial part of the onso for tho prosecution to prove that tho forfeiture had been legally ofloolod » and the only evidence on this bond tendered showed that tho forfeiture was uot loyally qS footod. Mr Mo»s oontonded that nnart from Mr Tapley's ovidonce sum.iient had nnc.n shown that, the price obtained was a fair one, Bonoh— Then what becomes of Mr Bayfoil d's evidence, whim ho snys that ho was pvoparod to givo £1000 for tlio property. Mr Mow said that wtw a moro after though *.

on Mi 1 I'livfcil ''« \:nvt, IJi)iic l i~-f.i i-< vnrj (>»» v\f 1* Moss to BUgK fiß t' tln^ iv wiliii^rt Inm *in.t,"d vvliut. U InUo. Mr Mo** mij I I'd iii not tnoun to Hit^'ffcaiiin viliin;< ( ol ill- i(ini.l, I'lic coinimiiy wore r]Mil,D Huti-fl il with tho prioo ohhiinwl. llciinlt — And hy tho evidenoo if i» nbown tliaf, tlio mino vm* worth .CSOOO before, nnd JC7OOO nftiir t'ici i»hIo lo Riiitnbv. Mr Mofl.M fluid if v>w not an unooinnioii tiling for miiift-i 1 .., ft.|cl untc in Viilil". MitiKfli— Tlki l.it.T (foinp-ainiul of hilckoh tnnt Mirfl'i, Duvu-i, iuhl Oiilnm-ffl ploitcil » drtmmyn 1 fc)H ifcliby, nnd tlmi IlniHiby wan nn iiitftriiiiiont. in Iho IVnufl, i" ii»vm« »".v-----tbinn fodo wiilHt, Thoy do not nllogo ilmt J{nitli l )y coiiflpirod, lio wiw nunvly tlio limn thoy workod vvilh. Tlioro v/m, however, no «viilnnoi! to show fhut Ruitliby knowoftho ftnxieky of tlio rlirt'fitors to got rid of tho property • tho lot lev nllfiKi'" n [ l!l ° | m^i«9 nnmod, having nnulo up theif miiidfl to do n mirtniii tiling got Itiiithb? to noßint them. Ij It yfnm hlihwii Hint Raithby liought witli tlu; intention ot rentnni«fftrring, tln-n ho would bi guilty of noun pivney , mni tln-re i« the <vi« donca that fiortiiin of tin 1 Pvflnno" Mlmrfiholdorrt Wnrn nflnilttnrl to tho Victory C'oinpnny nnd thitt othoi'ii were exclutl'd. Aftor Bomo fui'thor ni'jjuinpnt bo,w.:on the Bnncb niul Mr Mojih, JTIb Worship fluid Micro w("'o two nflpoctH in tlio ciiso, ono b"iii!( upo i tho inorits anil the mhor upon thn Imv. Mr Kckl in hhi' 1 * ny g up cont nid d firotly thnfc tho Coi if f li'iu .1 conM'ter whether the writing nnd publiohiriK of the libel harl Iwu proved. Tn I*<>l>l vinpf IVfr Vfosia did not acoiri lo make tnueli of tlio point, but looking hack to tho doponi* liona f ('(innnt noo nnvthin ( { to eonnoct doIrmliint with tho puiilifintio i of 4hn libel Allor noni" furtln'r ronmrku Flin Worship P' ' ho would roOT' 1 thf |0 ; "t until tlio fol* l<Wl .{ rnornjnii ut 10 o'oloeki i ju: C'onrl. tlion adjourned.