SPECIAL TELEGRAM.

Otago Daily Times, Issue 8210, 15 June 1888, Page 2

SPECIAL TELEGRAM.

(Feoii Oub Own Cori!Esponi>ent.) Wellington, June 14,

AN IMPORTANT DECISION.

In Banco to-day, after two days' argument before the Chief Justice and Judge Richmond, the application for a new trial was refused iv the case of Martin (late leisee of the City Hotel) versus the proprietor of the Evening Post, in the libel case heard last January before Judge Richmond and a special jury, in which a verdict was given for the defendants. The following were the grounds upon which the new trial was applied for:—That the verdict for the defendants wat against the weight of evidence; (2) that the judge ought to have directed the jury that a fair report of the proceedings before a coroner is not privileged; (3) that if a fair report is privileged, that his Honor ought to have directed the jury that the article wa? not merely comment or criticism, but contained defamatory statements of fact provable. Mr Morrison appeared for the plaintiff, and Mr Gully for defendants. After argument, the court said there was uo need to call on Mr Gully to reply to the argument that fair reports of coroners' inquests or fair comment thereon was not privileged. After hearing argument on the ground of misdirection, the Chief Justice delivered judgment, holding that Judge Richmond was right in leaving to the jury the question whether the article alleged to be libellous was fair comment on the coroner's proceedings, or whether any statement of fact not supported by evidence was therein contained. Ke could not say that the jury had taken an unreasonable view of the intent and meaning of tho article, and it wag entirely a matter for their judgment. Judge Richmond concurred, holding he had rightly directed the

jury in leaving it entirely to them to decide whether the article exceeded the bounds of fair comment. The new trial was refused, with costs. The deciiiori, which was given at 5 o'clock, is regarded as a very important one. ST. PATRICK'S COLLEGE. A musical entertainment to celebrate the midwinter vacation of St. Patrick's College was given this evening in the music hall of that ininstitution. There was a large and fashionable audience, and the Governor honoured the entertainment by his presence. The programme was an excellent one, the various items evoking vary hearty applause. At the conclusion of the concert the rector, Dr Watters, thaaked his Excellency for the kindly interest he had always taken in the institution, and regretted that there, was a probability that Sir William might not be present at their next entertainment. The Governor, in reply stated that he would be Bincerely sorry to leave the colony, and trusted that he might be permitted to remain another term as representative of her Majesty. He paid a high compliment to the rector and his assistants for the efficient manner in,which, under their directions, Catholic education was carried on, and wished every success to St. Patrick's College. His Excellency also gave expression Ito a graceful eulogium on Archbishop Redwood. Several members of the Legislature were also present.