New Zealand Times. (PUBLISHED DAILY.) MONDAY, NOVEMBER 27.

New Zealand Times, Volume XXXI, Issue 4893, 27 November 1876, Page 2

New Zealand Times. (PUBLISHED DAILY.) MONDAY, NOVEMBER 27.

We have received the 1 following letter,:-™ To the Editor and Proprietors of tho New Zealand

-TISfES.

; > GentoemeN,— The’ Statements made' ‘Concerning’ • me, and the case in the Magistrate’s Court in; which ;I ani engaged, in’your paper this morning cannot be passed over. From the time I commenced practice !in Wellington up to the present date, • I have b en so maliciously and persistently,commented on that I am forced to the conclusion that you are, actuated' by a | desire to injure my professional'character. I now request an apology and retractation of this morning’s 'statements, and a written promlse.that I shall not be henceforth exceptionally treated, and my conduct and actions misrepresented. It’.l.receive .from you by Monday such promise, apology, and retractation, I will discontinue the action • X have; already commenced. If you decline to apologise; oblige me by naming a eolicftor who will accept service of process.—Your obedient servant; ( ; 1 v- ■ ■ ■

■ . George E. Barton. 1 Brandon-stroot, Wellington, . November 25, 1870.

: In reference to this .we have something to say, which ,we will say ; as. briefly as possible.: Mr. Barton, seems to: labor under two misapprehensions : first, that we have, made statements concerning him from a, desire to:injure his professional character; and next, that we have maliciously and persistently commented on. him since he entered into • business in J Wellington. We believe that a few words will ‘show Mr. Barton, that he,is..very much mistaken. Wo have never. writ-, ton. a word intended to do injury to his professional, character. During, the last few days certain, public proceedings .of his have certainly,been written about by us, Because .in the public interest and for the public good wo considered it necessary, to write about them, and ,wo may say that so satisfied are we of our intentions in this, matter that in looking back wo can find nothing to regret, except indeed that Mr. Barton, for whose professional, reputation,,and abilities we entertain ihe highest respect, should, in what wo must belie ve to be a mere ebullition of perhaps ill him pardonable excite-

ment, have thought go meanly of us as to suffer the beliefs indicated in hisTettor to enter his mind for a ■ moinent—beliefs which, as he knows himself, 'experience of * ■us has taught him ‘ho .will in all probability feel regret for - to-day. And * the very mention of this experience brings us to Mr. Barton’s statement that.wo have maliciously and persistently commented on him. That *statementLhe Has fortunately himself hot long 1 ago quite disproved. At the* time Mr. Barton wits conducting -a rather heated argument before - the Chief Justice* re an alleged contempt of Court oh the part of the former, Mr. Barton’s partner asked our reporter that the whole arguments should be published in the New Zealand Times. Our reporter replied that that was a question for’ the Editor to decide, as he alone could judge whether he could leave out other matter in order to fill his space with Mr. Barton’s case. The Editor of this paper found that it would be impossible within the ordinary limits of Ills journal to give a verbatim report of the case, Parliament being then in session, and other important matters requiring publication. But unwilling that Mr. Barton should suffer by not having a record of the arguments in his case, the Editor waited on that gentleman to proffer him gratis a full manuscript report from the shorthand writer’s notes, to be used as Mr. Barton might think fit. For Mr. Barton’s own sake we shall write no more of the brief interview which occurred, but will merely state that half an hour afterwards Mr. Barton waited on the Editor in the presence of witnesses, made him an ample apology, expressed his entire satisfaction with the conduct of the Eew Zealand Times towards him, and said, in explanation of some previous warmth displayed by him, that at the time he was laboring under an excitement which prevented his distinguishing friend from foe; Af his earnest : request a full report of his case was subsequently -published in the New Zealand Times; itspublication involvingthe issue of a supplement and other outlay for which Mr. Barton paid the cost of paper and composition alone, and we suffered pecuniary loss. It will be remembered that Mr. Barton in open court complimented us on the accuracy and fairness of our report, and he subsequently wrote a letter to the Editor, couched in similar and most friendly terms. Now, since that time up to within the last few days we have not had much, if we have had any, occasion to comment on Mr. Barton’s proceedings. We are satisfied, therefore, that with the time for reflection which has elapsed since he wrote to us, he will come to the conviction that he is very much mistaken, and that he himself would be our best witness, that since he commenced practice in Wellington we have not maliciously and persistently commented on him. We have little more to say. 1 In what has appeared in the Times during the last couple of days involving the proceedings of Mr. Barton and others, we have merely treated what seemed to us a public matter of an . exceptional nature in the interests, of the public and the proper administration of justice. If, in doing so, we have grieved Mr. Barton, we express regret for his sake, but at the same time; are confident that we did what was right, and are prepared to act in a similar manner to-morrow. We have hot treated Mr. Barton exceptionally. Proceedings 3 in the Resident Magistrate’s Court became* exceptional, and were treated accordingly by us.* Mr. Barton’s conduct and actions have never been misrepresented by us, and never shall be. But as with any. or every lawyer practising in a public Court we shall always faithfully represent his conduct and acr tions, and should that conduct or those actions appear to us, in the course of the common good, to'demand comment, that comment they shall receive. The New Zealand Times has never troubled itself on the question of Mr. Barton’s professional reputation, and we wish him the utmost possible success in the land of . his adoption. His letter is written in a tone , which, we can forgive to him, and which we have no desire to imitate in our answer to it. We were actuated in our comments by a desire to discharge a moral duty incident to a state of civilised society, and Mr. Barton will, we i feel sure, in cooler moments,'be the first -to recognise that on principles'of policy; and convenience journalists should, when ; acting bona fide and without malice, enjoy immunity from vexatious litigation. In answer to Mr. Barton’s inquiry we may state that Messrs. Mooehouse and Stafford . are our, solicitors, and have been instructed to acknowledge receipt of his.letter.!** ■ ■ !'- v' .‘*.* vn