OTAGO.

Lyttelton Times, Volume II, Issue 59, 21 February 1852, Page 7

OTAGO.

A special Meeting of the Bench of Magistrates was held at Dunedin on January the 22nd, to hear a case of conspiracy, and a case of assault. The plaintiff in the first case, His Honour Mr. Justice Stephen, one of the Judges of the Supreme Court, charged the defendants, Messrs. Mans ford and Webb, and Miss Graham, with "wilfully and wickedly conspiring, combining, confederating and agreeing together, by handing about a document injurious to his reputation." Mr. Stephen opened his case by a statement of the evidence he intended to bring forward, and took occasion to make some remarks upon the conduct and character of the defendants, of so scandalous a nature that the Otago Witness refuses to print His Honour's speech. That one ol the defendants was a lady did not deter Mr Stephen from the use of expressions calculated to blacken her l-eputation, thus himself violating the very law which he was seeking to have vindicated. The evidence went to prove that the defendants applied to the Registrar of the Supreme Court, stating that Miss Graham wished to make a declaration. He referred them to the Resident Magistrate, before whom the declaration was made and signed by Mary Jane Graham. It was injurious to Mr. Stephen's character. The Bench committed the defendants for trial, admitting them to bail. During the complainant's speech, the audience, which was a numerous one, gave vent to their indignation in loud hisses, a proceeding scarcely more indecorous than that of the Resident Magistrate being called upon as a witness, divulging what he had learned in his official capacity, and then resuming his seat upon the Bench, and giving judgment in a case in which he was the only important witness. It appears that another of the magistrates on the bench was the plaintiff's attorney, and an objection which the defendant raised to his hearing the case was overruled! The charge of assault was brought against Mr. Stephen by Mr. Mansford, one of the defendants in the previous case. The plaintiff swore that Mr. Stephen shook his fist in his (Mr. M's) face, aud called him a lying scoundrel, shook his fist a second time, threatening to break every bone in his body, and to beat his brains out. Plaintiff told Mr. Stephen that if he had received any injury he had the law to protect him. In his defence Mr. Stephen sought to invalidate the testimony of the complainant on account of the reluctant manner with which it was given ; and concluded his defence in the following words,—" The provocation he had received was most overpowering ; no human nature could have stood that provocation ; none but a Spartan could have borne it. The complainant had gone about in a cowardly clandestine manner to circulate reports injurious to his (defendant's) character. He had endeavoured to find some one who would give him information of those reports, but he could not succeed. He thought he might obtain it from a gentleman in the complainant's confidence, who might have been consulted as his legal adviser, but he could not get any information. Under these circumstances could he (defendant) wait for the slotvand tardy proceeding of the law P Could he endure all this and not have his feelings ruffled ? With these remarks he would leave his case in the hands of the bench."

After an hour's absence, the following decision was given,—" The bench are of opinion that no assault has been committed by the defendant on the complainant, and that therefore the case must be dismissed. Had the complainant applied to the bench to preserve the peace, his application would have been duly considered." Dr. Purdie then addressed the defendant, and said, " On behalf of the minority of the bench, he must express the opinion, that they deeply regretted to see the Judge of the Supreme Court in the position in which he had placed himself, and more especially that he should have expressed such a sentiment as—that he could not wait for the slow and tardy administration of the law." The Witness says that that opinion should have come from the whole body, and would have done so but for the double vote of the resident magistrate. In the same paper we are told that many persons present at the hearing of the case of " Stephen v. Mans ford, Webb, and Graham," are determined that the defendants shall not suffer oppression from want of means, that a public meeting is to be held to consider the subject, and that £35 has already been placed at their disposal. But the work of the magistrates did not end here. Dr. Manning, taking the part of Miss Graham, took an opportunity to return a card he had received from Mr. Stephen, and to present one of his own. His Honour not taking the hint, Dr. Manning afterwards sent his hostile message in a more explicit manner, upon which. Mr. Stephen had him bound over by the Resident Magistrate to keep the peace for twelve months, under persoual recogni-. zances for £200, and two sureties of £100 each. Launch op the "Bon Accord."—We had much pleasure in witnessing, on the 22nd instant, the launch of a sailing barge, " Bon Accord," built by Mr. James Adam, ship-builder, Dunedin, for Messrs. J. Maeandrew and Company. The barge is 50 feet long, and will carry 40 tons dead weight in any weather. She is constructed on a model quite new to us,' and some doubts were entertained of her success; but we understand she has realized the highest expectations of the builder. She will be a great convenience to the public, and is intended to trade between Dunedin and the port. One of her chief advantages is the facility she will offer for landing cattle or sheep. We understand that Mr. Adam is laying down a vessel of 50 tons on the model of tlie Aberdeen clippers, which we doubt not will turn out an equally creditable job.— Otago Witness.