BAKER V. RICHARDSON.

New Zealand Herald, Volume XL, Issue 12281, 27 May 1903, Page 3

BAKER V. RICHARDSON.

TO THE EDITOR. Sir, —I have been much abused in the papers for my attitude to His Honor tho Judge in the late prosecution by Mi*. Baker for libel, but probably had the various writers been smarting under the sense of injustice which I was smarting under from the outset of my case by having my plea of truth shut out, when it was in perfect order, they would have had more sympathy with me. Of course, I was handicapped when it came to law points by not being represented by counsel. 1 I was charged under the Criminal Code Amendment Act of 1901, which treats only of criminal libel and sweeps away, as regards I this colony, all the old English law 011 this j subject under which our Courts have been | acting since the establishment of law here j until 13 months ago. This old English law I requires the defendant (not prisoner) in pleading that the libel is true to set out all the facts and particulars of the libel, but the words making this requirement are advisedly omitted from our local law, and yet because I did not comply with the English law my plea was thrown out, and I was not allowed to prove the truth of my distasteful assertions. Both the English Act and ours require the plea to allege " that it was for the public benefit that the said matters charged should bo published and the particular facts by reason whereof it was for tho public benefit that tho said matters should bo published." This my pleas also complied with, and set out the grounds or reasons why the publication was beneficial to the public. (Tho word " facts" here does not refer to the facts of the libel, which is always referred to in the Ac 1 as "matter charged," but to grounds or reasons.) Again, it was arguod and ruled that the public have no interest in the management of hotels, whereas the Alcoholic Liquors Sale Control Aot, 1&93, says that is " an Act to give the people greater control over the granting and refusing of licenses." And the Act gives the people the power of regulating the number of licenses and of appointing licensing committees. Comment is needless. By granting me this opportunity of placing my side of the question before the public I shall bo deeply obliged.—l am, etc., Wit. Richardson. P.S.—Since writing the above I have received a note from the Judge's secretary intimating that the Act awards me costs on being acquitted.—W.R.