THE PRIVILEGE CASE.

Oamaru Mail, Volume II, Issue 425, 7 September 1877, Page 2

THE PRIVILEGE CASE.

ANOTHER DISCUSSION. THE GOVERNMENT CENSURED. (from ottr own correspondent. ) Wellington, September 7. The Oamaru Mail breach of privilege case again occupied the attention of the House yesterday, when there was another lengthy debate. Mr. Wakefield moved, "That the manuscript of the address delivered by Mr. George Jones at the Bar of the House, and furnished by him to the Clerk, be returned to Mr. Jones." Mr. Wakefield, in moving the motion, said he was surprised that the Attorney - General had openly avowed his intention to make use of tiie document in the prosecution of Mr. Jones. Mr. Barft' said the document, as printed, had been mutilated by leaving out the names of members whose speeches were quoted from Hansard. Mr. Rees, in a slashing speech, referred to the case heard in the Resident Magistrate's Court. While instructing tiie Crown, the prosecutor (the Attorney-Gene-ral) was summoned as a witness for the defence, but when the time came to call him, he walked out of Court, and the Crown Prosecutor appealed to the defence not to call the Attorney-General. In reference to the whole conduct of the At-torney-General and the Government in this matter, in attempting illegally to retain possession of a document lent for the use of the House, lie said it lowered the dignity of Parliament. If such conduct were tolerated between private individuals, there would be an end of all those courtesies which distinguish gentlemen. Mr. Whitaker, in reply, said lie went out of Court because there was no seat. He went to the Supreme Court library, and would have appeared if called. Mr. Rees : How can the AttorneyGeneral stand in his place in this House and say that, when the fact is that the Crown Prof ecutor actually appealed to me not to call the Attorney-General. Mr. Gisbome supported the motion, and said that as Mr. Jones took the statement out of the House with him, and did not deliver it up to the House, it was his personal property. The House could only claim documents la : d on t:ie table, or messages sent down by his Excellency the Governor. Mr. Hislop said the Crown Prosecutor had only objected to Mr. Whitaker's appearance as a witness when his name was called in Court. Mr. Wood (ruvercargill) said the document had only been borrowed for the use of the House, and not for use against Mr. Jones. If he had been in the same posit-on as the Attorney-General, he would have taken the very earliest opportunity of meeting the charges. The AttorneyGeneral had laughed the other night, and

said lie had been accustomed to these charges for years, but perhaps he had now grown thin-skinned. Sir Robert Douglas said the motion had only been tabled to aft'ord an opportunity for attacking the Attorney-General. Mr. Lnsk said notice of the motion was tabled yesterday. The real gravemen of the charges against the Attorney-General had only arisen iti Court that day, when the Attorney-General was summoned to appear, and ought to have been in the Police Court. The conduct of the Government did not redound to the credit of the House. If a private individual had got possession of a document, and had endeavoured to retain it, as the Government were now endeavouring to do, his conduct would be called dishonourable. He was surprised that the Attorney-General hadnot studied the question of improper detention of the document, but only how he might make use of it. The Premier contended that the document was in possession of the House, Mr. Jones having asked permission to read it. Sir George Grey moved an amendment ito the'effect that where any person appeared before the Bar of the House and read a paper, such paper should not be used against him in any criminal proceedings that might be instituted by order of the House. Mr. Rees said the law was that any document read before the House could not be used in a Court by the prosecution, being a privileged document. Mr. Macandrew hoped the House would come to a vote on the question, and not waste time. Mr. Sheehan advised Sir George Grey to withdraw his amendment, and said special provision should be made in the Standing Orders to meet cases of this character. , Mr. Wakefield, in reply, said Mr. Whitaker had charged him with casting imputations ; they were not imputations, but direct charges. He denied that the motion had been tabled in order to attack Mr, Whitaker. He appealed to the Speaker as to whether lie had not tabled the'motion.'on his advice. The Government were wrong in endeavouring to retain possession of the document If Mr. Jones had simply,read from notes, what would the House have done. There was no certainty that Mr. Jones had adhered strictly to iipsissma verba of the document, but might have deviated therefrom i considerably. Mansard- was only correct record. Sir George Grey then with- ' Irew his amendment, and Mr. Wake- '. ield's motion was carried on the voices. During the proceedings the House was i requently very disorderly, and a gre?.t £ uanv pojuts of order were passed,