CHARGE OF DEFAMATORY LIBEL.

New Zealand Herald, Volume XL, Issue 12268, 12 May 1903, Page 7

CHARGE OF DEFAMATORY LIBEL.

RICHARDSON BEFORE SUPREME

COURT.

AN UNSUCCESSFUL APPLICATION.

HE ACCUSES THE JUDGE OF BIAS.

AN EXCITING INCIDENT.

FURTHER ADJOURNMENT.

The charge of defamatory libel laid against William Richardson, which was again before the Supreme Court yesterday morning, was the occasion of quite an unusual scene in the Court. Last week accused had put in a plea, and the case was again called upon yesterday morning for the purpose of hearing argument on the replication, which was filed by the Hon. J. A. Tole, Crown Prosecutor, on Saturday.

On the case being called on accused asked permission to sit at on© of the tables, saying that he had a lot of papers, and wished to do some writing, which he could not conveniently do in the dock. His Honor gave accused the required permission. APPLICATION BY ACCUSED. Accused said he had an application to make to His Honor which he thought would save time. He had been informed on reliable authority that two Auckland constables had sent His Honor two copies of his (accused's) newspaper of March 21, containing some criticisms of His Honor's judgment in the Bowes divorce case.

His Honor: I have not received any such papers. Accused: I have evidence that they were sent, with the view of prejudicing Your. Honor against me in this case. His Honor If such a thing were done It was very improper, but I have not received any papers. Accused: As the criticisms have been made I wish to be dealt with by an unbiassed judge. His Honor said he was not aware that any person had attempted to influence him in any way, either verbally or in writing. It they had he need hardly say that it would have had no effect upon him. If it were proved that a certain person had tried to influence himhe could not believe that anything of the kind had been doneit would be a matter for a separate complaint. He could not deal with it now.

Accused: The matter is the open talk of the town. The publicans are glorying in the fact.

His Honor: I say I did not receive the

papers. Accused (holding a paper in his hand): I will read it.

His Honor: Jjt has nothing to do with this case: no one has attempted to bias me. I am as free from bias as any man possibly could be.

Accused said His Honor could hardly help being biassed by the article if he were human. Supposing thnir positions were reversed and he (His Honor) had said something derogatory of himself His Honor: lam not aware that you have said anything derogatory of me. I have certainly not said anything derogatory of you. lam prepared to try this case just as I would any other. What appears in a newspaper in reference to another matter has nothing to do with the case. Accused: Your Honor does not quite grasp the point as it affects me. I want an absolutely unbiassed trial. His Honor: Do you say you will not get an unbiassed trial at my hands ? Accused: I want to make sure. His Honor: How can you make sure ? Acoused: By being tried before a judge whose judgments I have not criticised. His Honor: I am not aware that you have criticised my judgments. I have not seen any such criticism. Accused : I will admit that I have done so, Your Honor, to place the matter beyond cavil. His Honor: I don't want you to admit anything. I say no on© has attempted to influence me, and if a newspaper says that such an attempt has been made it is a mistaAccused: But the mistake having been made may it not have a tendency to bias Your Honor ? _ , His Honor: Certainly not. Ido not know or care what newspapers say about me. At this point the accused referred to Mr. Tole. Crown Prosecutor, sayings "I hope the Crown Prosecutor will not display any undue levity. I must ask that proper decorum be observed." . , Accused was referring again to the paper in his hand when His Honor said he would not hear anything about what was in

Pl Accused: Is that not arbitrarily setting aside an important point ?

TTTR HONOR'S PREVIOUS REFERENCE TO THE PRESS.

His Honor said he would hear nothing about what was in the paper, and he saia that as accused had alleged bias he had to Well, in your address to the nrand iury, Your Honor, you commended the newspapers of the colony generally for having escaped the law of libel. w Y' I said was that the newspapers, as a rule, *S£*°S? tt" aid °not a publish Accused • And the innuendo conveyed in thft was tbat now we had a n had not that discretion, and had brou ß nt l self under the law— tins before any dence whatever was given. His Honor: I shall take no notice of that. Accused- Mav it not be that the papers referred tp by Your Honor have re «°™ ccd their chief function because of the law' His Honor: I did not say it was the function of newspapers to publish libels. . Accused: The law says it is their function if they can show justification. .

A PRIVATE MATTER. His Honor: It docs not say anything of the kind, but this is immaterial. Have you any other reason for alleging bias? (eoused : Yes; I happened to be on a visit to Your Honor's residence on one occasion to see A gentleman, who was your coachman and gardener, on prohibition or pobtical business. After having retired one of your Honor (warmly): I will not allow you to bring my daughter's name into the case. Accused: I will mention it, Your Honor, in this connection. _ His Honor: I say you shall not. You may say what you like about me. but you shall not mention my daughter s name. Your coiiduot is something disgraceful. Accused: She said to the man— His Honor: I will not have anything of the kind said here. No man with any sense of decency— may call this bias if you would bring up my daughter s name in iillis case. i Mr. To'le, having turned round to accuse;!, and quietly advised him not to persist in such a course of aotion, accused said that he (Mr. Tole) was endeavouring to intimidate hl Accuscd, still speaking, in spite of His Honor's warnings, said the lady alluded to had said that if she had known who he (accused) was she would have set the clogs on him. Accused Was continuing to further refer to the matter, when His Honor repeated that he would not have it mentioned, adding " I will have you taken below and locked up if you persist in insulting my daughter. Accused I cannot insult her unless I tell lies about her, and I am not doing that. His Honor: If you cannot be silent when I tell you I will have you taken below. I am surprised that a man of your intelligence should act in this way.

THE QUESTION OF FREE SUBPOENAS.

Accused: I will take up another matter to show bias. When I first applied to Your Honor to allow me free subpoenas you practically promised to allow mo half the numHonor : I did not make suoli a promise. I said I would consider the application, and I did consider it. Accused: And you refuged it/ His Honor: Yes, I did. Accused said this was conclusive evidence of bias. After referring to his financial position, he said that in cases in which banks were concerned, judges, if they were shareholders, abstained from sitting on the cases. The same principle applied in his case, which was a political persecution, and not a criminal matter at all. He said he would like His Honor to satisfy him that he had no bias. He did not feel that this was so. After a pause on the part of accused, His Honor asked accused, "Have you done?" Accused: I thought Your Honor was considering the point.

ATTEMPT TO INTRODUCE A NEWSPAPER ARTICLE. His Hondr: Have you anything else to say?

Accused (still holding the paper in his hand): Now, Your Honor, I want to force this article before you. T .„ His Honor I will not have it. ljili not have newspaper articles read in our iV Accused commenced to read from t paper and His Honor ordered that the paper be taken from him. , m Sergeant Hendry took the paper away from accused, but it wa3 shortly afterwards returned to him. . . His Honor (to accused): Are you going to conduct yourself properly? Accused: Yes; but this article must come out. His Honor: Mr. Richardson, are you prepared to conduct yourself properly? Accused: Yes, I am; but I must have this article out. If Your Honor will hear it

His Honor: No, I will not. Accused: Will you tell me why? _ . [ His Honor: Because it has nothing to do | with this case. Accused: Surely Your Honor does not particularly want to try me more than any other judge. Let some judge whom I have not criticised adversely try me. His Honor: I am not aware that you have criticised me. Accused: I am a married man, with a large grown-up family, and I do not wish to be sent to gaol here. His Honor: I do not wish to send you to gaol. _ So far you have shown no ground for alleging that I am biassed. Accused: The town talk is that you have been made acquainted with this article. His Honor: I have not. .1 never heard of it until to-day. FURTHER REFERENCE TO A FORBIDDEN SUBJECT. Accused: The lady I referred — His Honor: How dare you refer to the lady? A man in your position should behave like a gentleman. Accused: Now you are showing bias. His Honor: I say it is not tho conduct of a gentleman to bring a lady's name into the case. "I MUST READ IT!" Accuscd (agam looking at his paper): I must read it. His Honor: You shall not do so. ; Accused : I must insist. His Honor: You shall not persist. (To the police): Take the paper from him. Sergeant Hendry again took the paper out of accused's hands. Accused : You have no right, Your Honor, to prevent me— His Honor: If you do not conduct yourself properly I will have you taken below and loeked up until you can conduct yourself properly. N Accused: I will go below as often as you like until I die, but I must oersist in having a, fair trial.

His Honor: So you shall have a fair trial. Accused: We are set against each other. Your Honor has the advantage in the meantime, but behind me will bo public opinion. His Honor said his reputation in that vX>urt did not require to be defended. Some newspapers did accuse him of bias, but he did not care for that. He would stand on his reputation. Accused: Your Honor does not see the point. The fact is not that certain newspapers have criticised, but that I have done it. That is the point. His Honor: I will not allow the matter to be brought out. I am prepared to take the responsibility. Accused: In this particular case— Bewcs case— Honor showed that you are a man of strong peculiaritiesso strong that I do not like to be tried by a man possessing such peculiarities. Your decision in thai, case was upset by tho Court of Appeal His Honor said that the point in that case was one of law, and he was always willing to be set right by the Court of Appeal. Accused: I will not agree to plead unless you allow me what I ask. I will fight this till the day I die. His Honor: You have already pleaded. Accused: But the plea was not accepted. Will Your Honor say why you are so determined to hear my ease? THE APPLICATION REFUSED, His Honor: It is my duty to hear it, as you have shown no bias on my part. You say that if _ I had road a certain article I would be biased. I have not read it, and 1 I am not going to read it. The accused did not continue the argument any further. THE PLEA AND REPLY. The plea put, in by the accused last week and Mr. Tole's replication were then read. Briefly, the plea was: (1) That accused was not guilty; (2) that the. alleged defamatory matter, if published by him, was true ana published .in the public interest; and (3) that such publication was for the public good. Tho reply of the prosecutor was that the pleas were not sufficient under the statute, and that they were otherwise bad in law; and, further, if sufficient in law, tho allegations made were untrue. His Honor (to accused): Are you prepared to support your plea as a matter of law? Acoused: Yes, our Honor. His Honor: Do you propose to argue it yourself? Accused: I do. His Honor: It is purely a matter of law, but,_ of course, I cannot prevent you arguing it. Are you prepared to argue the matter of law now? Accused: As well as I am able. His Honor: If it is more convenient to you, I will defer the matter until to-morrow morning. Accused: It would be more convenient, Your Honor.

Mr. Tole said he. was prepared to argue the matter at once, but as that was not convenient to accused ho agreed to an adjournment.

The legal argument was then adjourned until this morning. Accused asked His Honor if he could have his paper returned', and His Honor said, "Ye 3, certainly."

THE CHARGE AGAINST BELL. William John Bell, who was similarly charged in regard to one publication, was then called upon, and his plea and Mr. Tole'a replication, both of which were similar to those in Richardson's case, were read. Accused, in answer to His Honor as to whether ho was prepared to argue the law point, said:—My plea was drawn up by a skilled lawyer and was seen by another lawyer. _ They both say it is all right. His Honor: Ido not care what they say. It is for me to say whether it is all right. Are you prepared to argue the matter? Accused: No. Mr. Tole has mo at a disadvantage. I do not know whether it is bad law.

His Honor: Yon will have the same opportunity as Mr. Tola if you bring a lawyer here.

Accused: I understand that if my plea is not accepted I cannot bring evidence as to the truth of the publication? His Honor: I did not say that. The only thing is whether the plea as it stands is sufficient for the purpose. Accused: If Your Honor hold's that the plea is insufficient, will you allow me to amend it?

His Honor: You would have leave to amend it, undoubtedly. Mr. Tole said he proposed to submit argument on this point. The matter was then deferred until this morning.