Supreme Conct.

Otago Witness, Issue 1588, 29 April 1882, Page 8

Supreme Conct.

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Thursday,. 2oth Apsil. " / ,' ; (Before his Honor, 'Mr Justice Williams and •' r j a Ccommon Jury.) "/, „ CHAKGE Off LIBIiL. , •. ,'Qharles 'D[. , Hitchqo'ck, ; who^ surrendered to . ,hjs .bail, was .charged with .having written and '* pi;blißhe,4"a false, and', irial\oious libel against '^icVard^uiji. and master of, the /3&tet ? lnstitutioj}i ; The alleged hbel was -. 'coij't'amedjn.-a le.tfer addressed Mr K. p. „' Martin, ;,m,osid%t pi %p institution, on l?eb•'■jmary^th, in/wlnch ,ilj, rtajpd/fchot thep.roseci^- ' jtpr/irad^ommittacrrape, on Agnes' Jphnsto^,' an '■inmaib, of tj\e institution. , . ,n !. j ,' t V Mr. J; 'X.D'ennistoiifVßpoayed to.prosecute : ;;'M jj I^,.. ;.t>il%d{j,ms, Ayith,hi,m, Mf, F. Fiidmt% niPQK fluvtJefence.,. , „,jt a>. <•>•.>;, .' . . ■ ; 1 , VTIjO(/ ,|6np ( wing , gontlempn . 'ponsjituted tho * * jjuryi -^sp Jarnos.'G,pre , (foreman )j Alfred ;lio«.f, J6lm.Bimiifl,iiWil}iam Tin".MockjjDfluatd'S'trpnach, Dayid Baxter, William \ A'.jiTp.dd,.,'j6Hn jfraiickeissijtoberfc Noill,,(Gi;il.,Berfc',Buchanan,,and J Pe,ter,Gi-aut.i „ . ,' i ' * '' Tho,,xlerence. I ,'challo^ged, ({ Messrs . William '' Isaac, Jame's t 'Jack ! ftyftert Ruthprford, A. ,H;. fli' $ydney 'James,', . William Royse, J. JRi. ■ L*rißJ .ju'npjJbseph^r^thwaite, VViO.Ball, [liam i'po\ißtpn, Raines Shand,, and ■ H^ugh „ jVii'v.Pennisto^iimentiqned.that,, Sfr itVap an, honorary ..(^fficerof the, lnf.titiit(^, '^lit "the dofi 01190, cleciilpa not to, challenge him. *",■' "D/ilMi-' Denmston'li' ap,p)i<jatioii;all , witnesses , j. Mr i^e^uiston, m^ening^ipjeasej.sajcj.that * jihi^Avga x a, pl'ps'ec'utijon i\i ,jt ,lio ,siu;b, .practically „'pf 'J^cjiardrfQu^ivithßj secretary and master i" of 'tlfo p'tagp'Bpnc volant, Infjt) Union, and who . h'iv<|:b3eu.fiUch'iFor i ir;p,]iy ycjirs^. «gp.iust Chafes -. " ' Httplwojekv. .c^rgirig* -jhim ,\i\i)h liaving .written I ''aßd,^W i 4^.--a,A|«fa^to^,liiM^f a-»d coni pw nniig th,e, g{i ( ia,.Richai;d Quip,, .-JJlioro could bo ;' Ho'xlp'vbttri^t.tlp letLQ^wafjp Iho handwi'VLin-?, .ttjV (f^adajit/'aiid Ibat'ii; was^a fal&e and //iic/aJnatfjryTlibel. ...lyio.fcireiunstauc-us of tJiij .'■'casßjtyiich led,to tlij"p,iprp.Bacution w«ro ithffie,: .'Spmo^Korb t%e 'ah^qu'iry, origmaled by Mr Hilch'c'ppk/was ifiado iijt<;, certain ,chargo.s " jß^iievolent Inst^t'ut^p, generally., |Ev,er since , feon, lf^r''!nitoneo,ck-{ ap,peareq :,to hj»ve been VftVf rtjvW >yjth{.^, mqs*t yit'lq-pfe hatred and dislike tb.jMr" Q^hi,3«j»3^ bad . Iqstj. nq .opportunity "■ l pf^WWW>gs in. af.yariety. 'of -ways. .iTlfe. v gj-oater.J^'pf hw.t-pri^appear.e.d jq have been " aooifo^jT in E»bhsjfeng/ind,cn-culatrng a repc - > /tiMou\of.,*fche /) liMl] an^ Qiim,-,so Ipsi§ (l as thi I 'lekim y,e^ ) cpnf}jjcd ll tp. i ge^era ( l af;ci?satipns anfl t t ; ! yfjql^ejmi;ges^tookmo,^)| ; ico q!^m but, I w,hen*sppci% a^d, cli.^yes of gross. * ; ■ him , v* Jaut-jagajnstihe gixi men|aoned f/ m f tlie indict-. vkf&hmwmißh^i wt. ! posjjbipnnpf,re3j3,ectab^^^ \ [hflfl, beeii^pleaded ; ) tq.this,,as,.it, m perfectly ' dp,eA J^mtchgocV'tp, dp,.^ad'l] l e.))e3 > i l eYed it t ( oj <i>, r <( M&XJMJwMiiX 4s-itrigti,(i»to sfcatb tp the Jlury w; %a^a.#p«9iali pleaiis needed under. jbhe;ciroun|-: M v;«h/ 'i- ifiiV/ .;«•>•! i 1/ .*«r,l^ rr^»*W^jSL°,Bqrj/;;J{t. i tdepenasirather,on .wnat.ti^o , -/<j^wilwJ9'i lce 9- v f ere *'' jSpJlfcaniraiaeitne defence; ,: iiof a^.p.r^ieged.coiijmunicatipxi without ilispecii ■!■■ ' A !plti&ut fci-Y/Oiljii >•[<!<:& l^ ,>iil- of> (,'i 1 ,■) J. ) t i. . ijMra'Pelinistpnj.aaidlthaJf, had Hitchcoek-be-i •/•* mvM the fttflieftients made to 'bo true^he^ad |a v.^rig^fotftiput/Qniiphe jcecotdia, a'piejcifibtplea tpijbhatf j*,' ( efe,c(*<r Athe^projieputionfjiiowbro.ught/him J , / ' 4^o)jvih^i|ifK4!bftd')neyerj., dared- -t<»-dpjr;to .piifok. '\i ssm&,s $m&, (ftjd'tQiprjpj-jbitiheiii if -he .could. 1" Thoi only t"f»plett' < the3?.ha.diwaß< J that/of a" denial to the 6harge ; 3,-TjnfliflfV.ajHd' practically, }tltei;pfoxe;rithe!- v piily4 )i> cleCe-ticQ^op^-Kafl the'defencoi.ofu.prijyjlege.J .j<)she.do,«Mneufr,was written and published unden 'jo jßii^UttiStauflfis %llich made i'tlie ..'.commuriicA- | inj thejf^bf/encef of- "malicfc ! nov libel, if . the it) tpftrtytiwriti*ogd<( helieYcdittobotrue; -Therje, - "could be no doubt if the commuriication had beeii'madp/feO! Mf/Martin, the president of tHo • Jristitutipn,ior Jhe_p,ujjlic,.gond, in,gopd.faitn,- :' v *and"m™the absenco of malice, that it w.js a privileged^ cpmmunicatjon.r On the question of prwfleffe. i the;> l Juivy'sßv > otild have to He satisiied whether- the defendant believed tnei statements, And^etherrho - had yi addrosb « ing Ml-Martinnaken^bthcr -steps in bringing v J (the i matter'., ibof fire him ;.thari > were .necessary. MlfW) isbelftgitimato^upjioso •of'Oalling'foi -anin- 1 .^j^vy^i.ii/lhstisComr.iuhicattirnj.he .ventured^ io l/afisty} WftSsaß viriilonl^as-iifsullihg-, .and' as dp- , i{tifainat(Ji i yt>to"Mf MUrtin as.i^was to-MriQuhi : ■^iotb i >tAsßowfid4hat I fiifciwas>')]ot' J m6relyinteride;d fVtfa a.v6otojWC)Oo)nplainli.f!vll/Woula,b3 observed (trfjtbab'>^Vlr.iQuinfß''namo'wa6joare'fully kept,;out of Cl tbOfHbpUoiia'communicationj arid it would only •'• \be4,b.y, thenp'riftd'jotion/* oOSLother-idocuinenta^y* > >llfP'fid4nce'.'that i 'Msicpnriebbioti i with the person ■iifiaihaded--;to .tho're souldlfbe definitely shown; «/J,fß,oJth,:bdUwe 'andfflincei 'the -publication 1 of. ■ -the •I ,'. letteviin^cjuestioii.Hifcchcook hadiwrittpn other, ({■lllett'ers^ncluding-on.e to Qiiin's .wife, 'containing ilin aajepetitiobfdif these-charges.'..' Ho .would call .4)?Ms, Qwin r i»v^ deny! the' chargeB • made; • and ' also i Johnston! *and 4f the..i Jury believed i^ l^tWir(Dyide»ce',-,they. would readily/see that' tliis wa^ one of the vilest slanders ever cirpulated.l i ■u'o^5 i ßi'S3.'tMai Itilii''(pfe'BidentMof'1 tilii''(pfe'BidentMof' the Beneyolcjit ir(n iJt»lßtitutjSonjijft(ieposfidntii'abi:Mr!;Kicharra''Quhii Jt»lBtitutjSonjijft(ieposfidntii'abi:Mr!;Kicharra''Quhi -/s.'(rjWJiß.jStoaiiter ,and'.eeioretaryi#f!fthe Benevolent tVv, JnaUtutibn'ab'iGa'verfehtei'; Johflston) a •ciii-,female;toderiage,'Kad beeh-lan 'inmate 'Off/the -;:iiinstij;utiori,frpjri infauey<f . Spnie.tiihe>ago<th^re 2, • was. ranf inquiry i into r oharpes against' Mr 1 Quin, T'iin,supp'ortiiiJbf^/Whicli;'oliarle9 Hitchcock a'p-wcpeai'Bd.v.-nj)^'. in^jin'i'iir •) >:jj I j "S«. -jifjttfirfPeifniston'Baid'he'jvas prepared- to put »^3H thejrepprflof tho'inqtiiry.h „«.!:/.,!> • | ' L-aJ«fiWi6M)sß'.'CQntin'«ed r/i'he-ireport waslidated <fc£ Septomba'r last. 1 r 9Hie-. letter ]>rodiiced # 'i{tijk&dsegdd h'be'l);\yas in the i defendant'^ hai^dhtcmrikva&uf It' was 'dated 4thi f of^'cbrtiary» >.The f>ii[,]ie!Cß(Mi /againkt whbm the 'cllargos w^er^ariade ;t,f 'was BaxAiS'Vd Quih,)the manager-of the-instilu-?;l.}-tipn." -fitness identified otlier letters chargiiig the same individual.' with* rape, .tyranny > ■si<&twii.ty}s aild -threats* of- violence as being m •^iiiine Jbandwriting of the'at'Qused, some of , which ,{'W r jare«ighed and others. anonymous.' , j ,;. i- ;Gn(M!*exaniine'd : iS^itness 'first -.became ac/the accused, jin connection with " fl^jMie inai»irv.,tj -William Martin was turned out ;. ti after' *£beponim7ssionersiisont in their' report. { u.'jj9lu .'jj9ls r .eyidenea; was so outrageously .untruthful • „, Jtfcbait.he! was dismissed from the institution. In j the Committee acted upon the re- ..,, 'IP,p)it,<9| Mr Quin,-bui also exercised their ow* .", 'Judgiaent. He first heard of- the charge oi ■■ trape v ain^-^)gc,<"mb,er, and' 'ifc was from a lettei of the charge ir.^ifirsihe tfMQuinof.it. „.;- . .("•., _ . ; '. , ff ,; Jennie, ipno of the .viee^pyeside^itf 'j'liit'jff 'feW Beiqejytjient. Jnstitution, identified ■ tliii , .nLfdppWentS;. produced.. as ibejng in the !'#(ji'Wt|ngvpf,the.aocijißed. „ . •,f, f -'■,■ .t '■ ■■i/(.HisiiHrefer]fing' jbo^ddcumerits^produced, jM: he jyould> decline toi.reqd all ph< - ftHh!ftndrVvfngconta,in)Bd; t jn^heni, m ... ;' • - JSichwd Q,m% Becfetery,a»d,inanciger.of tb-

Benevolent Institution, deposed that lip had boon .for eight years connected with the iiiHtjitution, of which his wife was matron. The | letter produced, which . in substance repeated , the, libel,, was delivered to his wife. Witness knew Agnes Johnston, who .was to his knowledge in the institution. ,He denied absolutely and emphatically the charges made in the libel. Mr Adams : The . truth or falsity of the charge could not bo inquired into. ■ His Honor : Do you really mean to' say, Mr , Adorns, thaj; the, prosecutor cannot go into ,tho box to clear himself of the charge ? , „ t . ,Mr, Denniflton : ' .That , shows the .style of ■thing they want. , ', „ v , „ ,Mr Adams : W,e. haye, not, affirmed the tru,th ; of thp allegations. ' • »'"',,' . . ' ,<', : His Honor: That may be. The question (maybe as to whether the accused believed it jto be true ; i but surely if suohsa thing had never beau committed lit ivyould show that, he could not havolbolioved it unless thai, is rebutted by other evidenced .' : •; ' ' ■■ i Mr Denniston': I' never heard of such' an ob- ' jecti6n; l We would' never havo'-laid the indictment if it 'wore not th;it this is to bo denied on 1 'oath; We care nothing 1 for -the ravings of a man like the accused. Mj -,' ' I- * Mr Adams : It does not matter ' what you , haye done ' / ; Mr jDonbistpii ;_ I)o you intend, , to press the objecuiori;? " ' ' , . , . Mr Adams,: No. _ ■ ' . (Mr Dennistnh :. Very Well, then: I do -not ciire' to 1 characterise ifc ;' but if'-yotf do 1 <press ; it, , -I will characterise- it-as t think -it should -be. Witness, in cims-examination, said ho never cgntniittod'Cany^ilu'propriotj^jtdwards tho girl, blie never ' forbade him tog o near her. He never threatened to kill her if she " mouthed" 1 what Jie had done.to Her.. Reliever ipa'de'dny in decent jafcompfs, on fiuy'nfchcr,g'irl in the institution. 3l<) never remembered knocking' down the girl Johnston on the sofa. Sho used ' to b». his nurse, and she might have been playing ' wjth his child when he began romping with it. The girl, who is a cripploj went to nervice to ' Mrs Dennistoun. The'lutter brought Johnston bade. ! WitxiesM inquired the cause, as, ho had heard no coinpliunts about lior "before. , Mrs.Dennistoun said that she was getting £00 forward, and was sometimes 'out late. , He'said'tha't 'it was provable j'she might be _ out late occasionally!, 'as she somotunes attended a, Good Templars' lodge and went to church. * Slie, refused to keep; 'the girl in her service, and so 'he 'took heriba'cte. ■ j Mra Den'riistoun 'gavo no oilier reason,, so far, (l( l as'he'could'recollcct., 'The), first he' hoard of a 1 !'! ' charge of indecent assault 'was through' Mr M.. ■ t "W. Green^'oarlyin .Decoinbor. This' was. about Ttou 'days after th"p girl can'ie back, ' MrGrqen r ; Said 'that the girl ,beldng'pd tohis.cljurch, ,'and ■'jthat'a'ftci^'thpijoughly.'.eyamming her he had' ■ ' ascSftattihrl thai the'.wh'olo thing was. a, ' *" mai'e's 1 ■'' jnes't," ail'd tha,t witness^neod.not further trouble j. Jie^examined,: ,Abou;fc,, a .week,, after Agne ; s ,; Jphn^ton .was, brqughk/back^t.Q^the institution ,' hejound'ancj^ner^Ja'co for her,,and s,hp had^j;^naipgd''there,ever since!'- u~,l(,u ~, l( , ', ', ,i •. r u I ,j ', Agpes' Jphnst'On. deposed., tha,t ; she. .wa,s,\lß t .years,,^ age, aiid had, been in the .BengvplenV In^titiitsipn, ( as f ar^clc , as 1 sjt\e> could remember. i 'Sh|'tot;'neverj'i!:"no^n'father,or^qthei\^'.^Y^4 :i , 'Mr tpicL Mrs, ,'sum' .took" .oharg'e. ,of the ; ihs|itu-' M.'tion'she, Jwas,\ aVout-nnie, years of age f ,oln I 'November, ;187,9 she^ was apprenticed to tl|e' .'[.HreSjSniaking, and x livpd, .with; (Mrs -Dpnnistoun \J-or about " two ', ysars. , She,, then - w.ent 'b, act > 1 tojthe^institiition for.a fortnight, andsinco then 1 '.fj'she had] 'bjEsen, .living with^.a.^jyira '.(Jionnor. 1 ' W i hilc(''m vthe'rt institution , she^Kad , always j.beeii".. treated',',^yitli , kindness,! and;j re,spe6t- ',' n hyMv. and .Mrs ',Quin., If; anyone*) said that- , ,^uin .had committed a,primjnal ! -aasault,.,on"her l , t jnr. shown in<iece,ncy.!towar^B : n,er.,jt ( *woiil4t% (1 untrue. ,iln liec^inbeivlast, tjir.ee weel^s be/ojre y,'Ohr'is|;maS( jv^tn'e,ss met i tliq,accuse,d, ; whomisne ," „4J,d not lffnow., ■ He asleep l^pr for. a. few minpteV ', conversation, and,she # saijd l ,Bhe'had. j)p,^ime { > tip ,£ut*', in reply to him she.AVQul.d^be , disengaged , at i o'clock,, , , Accused . met her, 4t ■ I^l'o'clockt'rwd they .walked, to/, thfl', .Ypunj? J Men'ii Ohris,{;ian'Asßocmtion Rgp.ms. I^e, pUu , tbajihe and's,ome.m6re gentlemen^of .the.Qqm- 1 , j'niitteewere talcing an interest in her, andiw^uld,i( get , her. out of ,the institution,' get hor. f goo'di 1,1 lodgings, andj^ajvo her ; ; educated, j;# He,, then ..asked, Uer ( ;to"sign a ,blpe paper, rwh^h,, she 5 %1 dicl wiithou't reading it. if e/tjien.askedquefjtions 1 fr.(<m a big blue.ipaper a^d,, said „she, wpjiljJr be , pbli^ed. to answer them. , $He, replied, thaktfrit , j'qep^dccl {iponi ..what ., they' ;were.i,i,. Accused „ tl'ien^asljed her! her. age;, name, place of .reipti . deiice,, "yfagps,: and, what; the institution , paid' for her.', Ho, alsb asked if; Bella Gordon evpr f.,' 1 minded,, any, money for /( her. She declinQd' "to answei;ithis!ci*uestion ; .it', was .repeated, arid , sWsaidshe di^ not'npefl,anyope.t9i njind her, \ money.— (^onie of {evidence as, to the que^' "tions'put is; unfit ior publication.) Accus(|d „,a'sked ner.-if^Quin had ltnpoked- her ( down m.the.stpre-.room,' apdshe'r,eplie,d, ) that'he had, not.. Witness, said, /! to l/ hini," "Does. Hitchcock.. I, ..want to' linow anything about this?", and ho,, . replied, "Never ,you. mmd 1 ," ,At some. ques : , tions she cried., Accused put. his pen throu^h,j some of .the 'questions, .said, ; at .jlast, 1 " Now," ,'tq' satisfy y0u,,,!. wi11/tear .this papkrj /up," and qrushed it in,,his hands. fShe was' , agoing away, -■w.hen he; , told; her t to stay and' s,],t qpiyn, ,'put.she .saidj .'J i X\yriiy t jiot listen (to; ,' (( you 'any |lq-pger,f' and J -left j the ,r.00m,. Eor' 1 ; ',sey'ei;al(dayß," af,tqrwardSj i sb,e 'accused followed' stopped her and^asked „,,her,,whp sj l ept I.|in.1 .|in. her^room at , the institiAtion, 1 ' , 'qayinfir^h,^ Mr.^ams, wanted itp-knpw,'aful ; . that if sh,J3 di4 ; potißtj,y ? !he would get her, turned ,(..■" V » .; ' . • ' \ Cross-bxamined : : Witnessknew Mrs Dennis "'" ' toun , having . lived . with j her ' two, years. • Mrs ; • ©ennistotln told*. her 'that Bella .Gordon hjitl. •:)come to' see her,. and she replied, -" Did she?',', ■ but did not say.any thing more about her.. "Mrs ■v Dennistouni'Baidi W -witness,"!' l'.'naard aboujb; .-.you last night, ??-but would not •' say what ; sjho .'•hail heard-. '.'l Witness had never.- said,-. nor, / 'had fiheQieard Bella' Gordon say, that- she.'aud .'i?solla Gordon could: turn (Mr Qiim out. ;, When. 'jj )she got any clothing from the •' institution Mrs i Dennietoun used to say,, i. Ohjtyou did .not get i' that ' for nothing."' --Mrs Dennistoun said this' ■i< 'nearly every time. 1 Witness' never said •" Bella, •'■ Gordon ought to tell, on herself. i-Sbe.'has'ibeßri i. as bad as -ever I was, and younger' girls,' toft." , She had never said it had. been ®n her (witness 1 ) , mind- to. tell Mrs Dennistbun about Mr Quin. Mr Quin had never thrown 'her -down 1 on the sofa, nor had she told anybody that, he shad r done so. From Mr Quin she had received. ; nothing but kindness and respect. ' She had . spoken on cetto a Mrs Graham,- who had sent for I her. She did not tell Mrs Graham anything. i Mr Graham told that the head gentleman of, . Committee wanted her to answer certain ques1 tions, and that she was to go to him if she waß t afraid of Mr|Quin,' but would not say who was r the- " head gentleman." The paper Bhe signed 3 was shown to witness. i , . Mr , Adams : Did you not, say just now ,that 3, Mr Hitchcock 'tore up< that -paper? , ' ! , 3 v Air Denniston : S\ie' did not. . *i •• -1 >Mr Adams.: The witness lis here to bo.cross1 '".examined. << '■'< ' * ; ' m p.)ii--Mr Denniston : But you have $0/ right to 3 >B&ggest that, ■ You know she did ,ijp# .ijay-Bp, - ■ -^Ir 4damß'; I iim npt^going -t|d %ur'e'j».j^ B eowe, '" ' -

„ M,r Denniston : I think you are figuring in an extraordinary scouo. I , Witness continued : Graham came to her as I a friend, and was running down Hitchcock to I the lowest. She did not say if she had known I it was the' old wretch Hitchcock she would not have confessed to him. Witness did not Speak to a girl named Anne Hall about it. This girl asked her what was the matter, and she said an old man had been asking her questions, and she did hot know .what she had said. She did not say in Mrs Pantirig's presenco that " Mrs Quin knows all' about." .Graham told her that the paper she 1 Had sighed had beeriaont to Wellington, but that he would .try and getj it arid would give it to her. She did not Bay anything to Graham' about Bella .Gordon. ' Witness might have signed the' paper twice for the accused, but could .only reniember .having 'signed it once. Mr Adams here read the do'cumeht, wHich was as follows :— To thosu who nro inquiring fOT my interest. I hopb they will protect mo, and not expooe me to the nerbqcution I bhoold receive at tho Institution, as I was ,taken a,lvauiatfo of by Mr Quin whon I was. only 16 yean, old. Iloihrcwmodown . ." . I was glad to got away fiom the Institution. I forbftdo hlin for some time to ever come near mo again, and he doe« not now. - , • v 1 Agues Johnston, j 1 December 2nd, 1831. ,- !> c ■ Tho statement made as to getting Mr Quin turnejd out waa made by Bella Gordon. . ■ „ ' Agnes, J.ohnston. . Witness : The whole story in tho paper is la lie. She never read the paper or heard it read before the. present >time., She did hot roinem- ' -ber tolling any girls in the workroom about her being questioned by Hitchcock* > She did not tell Mr Green that the paper was read over to* hor, and 'she did not think she said to him' that alterations had been made at her sugges1 lion. She could not remember what slie said to Mr, Green. The paper way not read'pyer' fco her. ' ( ■ ' Re-examined: There were two papers, and' Mr Hitchcook was running his pen through' and making alterations in one of them. ( ,Sho did riot know very well what Graham was saying to her at the first interview. At the house Mr Graham asked hor ,to take a glass of stbut,j but she declined.' ' ( ' J Mr Denniston put in a number of documents, and announced that tho case for the prosecution was closed. ' ', ' . 1 , ( '' ! Mr Adams : ' I Have to ask your Honor s ruling on the question of privilege. The .evidence for the prosecution' is closed, and thepvidone'e is" sufficient to show* 'what the rela-, tioiis between tho parties are! The, gist of the ' actipn is thfi malice. ' , ' f ' : , ' J Mr Denniston : 1 'might,' be pardoned for pointing' out that my ; learned ' friend has praptically opened his case by calling evidence. ' ' ,'' ' [" ri ' *- Mr Adams denied that he had done so. .* ; ' ' His Honor : Ho lias put 'in the document inevidencc. jaarked as an exhibit. ' ' ' j>, Mr Dounjston : You r have put in a doc^- 1 ment ''signed' by -a witriess%s 'part of your . case. 1 specially asked you , if ypu ppt that .in, and you said yes. . , • • ; '„',< '-t''i j 1 '".Mr Adams sais that ,, he h^d only cross-i examined as to the, document. - , „\ ;, ><\\ His Honor : If you cross-examinedqn it, and i thg, document went, to; the Jury, I think, ( tih4t.. would be partof your case. I don't think the , ique'stion of privilege is 1 really material in the' -'present case in the .way the indictment is .frkmed. It 'is framed in this* way : ] That,. Hitchcock, 'well knowing the'said def anfato^y- , l libel to be false, published it. ' Those.' words ; ."well knowing it 1 to be false 1 J" 'are notP'e'ce^'sary in an indictment for libol. The iridictmeiit would have been su'n'icient'if those Words . :hYid- not .been .th'erei' "The punishment 'for an ordinaiy libel-4the maximum penalty by LordCampbell's 'Act—is a 1 ;yoar's imprisonment and 1 fine; but where ..the' charge- is known tope false, tho maximum punishment is two, yearsV aniline.- ',".',''. „"', ■V, '.' „ [ '• Mr"Dennißton": Notja.fine, I, think. *„ 1 - t His Honor :' And a^ne^^ript'ihe .altern^vpti , Tho prosecution! have based' their case on the- ' graver offence, and of course^ they \ haying" alleged that the libel was published knbwirigit. to bb 1 false, 1 the' proof of '{hat is Jjiatt of tljteir case ; consequently ', even" if Ijhe occasion isnbt ■privileged, still the .accused would noj* be liable' to bo convicted" unless it appeared he publiflh^d, the libel knowing it' to tie false. But lfit wore privileged; and it "Were provedj is necessary, that' ho published it; knowing Jit to tye false, tpe ■question' of privilege become^ m'atpnal. 'It will 'not be ! necessary for riie.tq rule whether oi*,npt it was a privileged cbimhuiiication, .because in any ciaAe the only' •que«ti6n" the Jury have tp' determine is, whether 'the libel 'wasVpublished by Hitchcock, knowing it to be falsej If thoy 1 found it were not he would be entitled to an acqhitt'al. If they found He lione.stly belieVed 'the stateineri'ts't'o be true, .there is' an p'nd *fco> it. ' ' ,;"'■' ",' ' ! ' Mr Fitbhett opened the case for the defence.'; Tlie accused hatfpleaded '"'Nbf; guilty. "'"By. thia they did not'for a-moment mean that Mr, Quin had committed », a; rape on'.fthe girl Johnston, or^actedin a scandalous manner, towards other jnmates.f- The defence was that the accused had received the information.uponwhich he acted under such circumstances as ,to -be fairly entitled to credence, and .th^t,-subse-quent inquiries resulting in a cori;6boration|of 'the statements he had first' heard, he washed: to beliey'e that they.' were 'true' l; ap'd 'had,,actedupori that belief. Institution of .the,kind w^re 1 ,liablo to,mismvanagement''a^(d ; irregularities,! and this miglit have a material /bearing on, the evidence and the consideration that , should be given to it. The defence asked the Jury not. to bring in a verdic^ of gujlty unless they were satisfied that tlie ''accused had wilfully and maliciously fabricated the charges contained in the, , libel. After .. the , inquiry, i. which had, been held,.. the .accused did .nothing 1 for two months, until Jie received in'for-r mation of the alleged gross immoralities, laud,, then ,he went. ,at, on.ce'f.to the /sourceof these statements,- and aeqording ,to liis slfateime:it tho girl Johnston allowed him. to^p-ut , pertain, questions, the answeis to. which he wrote down.. His next act was to write a vei'.y , temperate letter to a clergyman, , Mr M.;W. Green. , Upon this Mr Green saw the gill, and ,to him she made a somewhat similar,, story | to ■that, given by her in the witness-box. The accused ■ being a man of violent temperament, „very. very naturally felt that the failure 'of the first inquiry and the refusal of Mr Green toiinvcajtir 1 gate the Hccond charge, had some relation, and his indignation foiled over. Pie had sent his le.tter ,to Ml 1 Green ■ in 1 December, and l( after waiting 'quietly and silently for six weeks for, an investigation, found that one was not going to bo held. Under these circumstances he sent the letter containing the libel, and the Jury would probably agree With him that its malignity was discounted considerably by the fact that a moderate letter had been previously written. He asked the Jury to agree with him ,in the inference that when, Hitchcock wrote to Mr Martin he was under the impression that the latter had seen the letter sent to Mr Green. „ I < . • 1 . < ■ , ,Tho following evidence was then called :— Matthew Wood Green,', M.H.R. : I have known Hitchcock nearly , three years. • * From my personal knowledge,.! 'believe .there- is nqt" ,a more .benevolent man in -the oity of Dun». edin 5 but, at the same time, I believe him tQ; * bpfyliigluy excitable man, and a' man exceed-

ingly 'unfitted io undertake any such investigation as this into which he has been led. , Mr Mtchett : We quite agree with you. Witness : I, believe him to be a man who, if he thought ho had a duty to perform, would rather go to death than leave it undone. , Mr Denniston : Death or libel. . Witness read the letter he had received from, accused. The letter asserted that Hitchcock had learned from various sources,, including the girl v herself, that. Quin had .committed a il-ape upp& Johnston. ■„ ' . „- „.•,' . Witness continued : larrangpd with Hitch,cock to meet tho girl at the .Tabernacle, which she attended.', I met ,the,gui there, and,questioned her with respect, to the charge made by Hitchcock. She seemed very reticent. She Baid nothing to me, only in reply to my questions. I, had Keen given to understand , she 'was in fear, and I told her not to be afraid. 1 asked' her in reference to the paper which sh t b had 'signed if (the statement were true, and she said, " Not in the sense Mr Hitchcock had put upon them."' She did not say what the state- , mont was. I asked her why 'she had signed the paper, and s^e'said she was, confused' when Mr Hitchcock had spokon to her— that she did not know what, she ,was doing. She stated that one sentence in the paper was altogether untrue, and that' she had not said that. Her explanation was that phe did not know what she was doing, , I then asked her if Mr Quip had taken liberties with her, arid she said not for the. 'last twp years. , ] Mr Denniston objected, as the foundation hadnot been laid to contradict the question. 1 " His Honor explained to the witness that evidence of conversations was not relevant 1 except for 'the purpose of contradicting tlie girl, anjl tliat that could only be done in respect o£ questions to which her attention had been specifically called. His Honor added: You cannot giyS-us, as you apparently wish to do — and it is' very reasonable you should so wish, — full statements of the 'conversation ; > you_ ought simply to confine yourself to, answering trio specific questions-put to you. • , Mr C-i-een : I think my evidence would serve > both parties. „ , ' Mr JTitchett : W.e would only be too glad to. have it,, but tho other side object. ... i •'Mr Denniston : I object to that statement. \ Examination continued : The girl said Quinhad thrown her on the sofa. I did notcoinniunicate with., Mr, Martin or Quin , about it. I met Mr Quin .in tho street. I think,. Mr Quin stopped, and I said I had seen the girt and that the statement; was not true,* , '< o.' Cross-examined: I did not communicate with -Mr <Hitchcook,' because I', was so much, annoyed with him. *• •■, '' • ']' 1 Eliza Dennistoun "(a widow) deposed" that sho knew- Agnes Johnston, who lived with h6r'two years. She <also knew- Bella 'Gordon, who 'used 'to ; visit '.Agnes 'Johnston.* When Mr Hitchcock went to ask what sho knew, she tokl . Him what the girl told her. > Witness told Agn^s .Johnston. what Bella Gordon had told her •about Agnes I 'Johnston 'and-'Mr Quin. • Bella' .'Gordon- had iSftidS that .she; and' Agnes John--stqir- could" turn >'Mr' Quin out any day they '.wished ; arid- in reply to the' question what fojr }) Bella,; said >she would not tell,- "for Mr 'Quin had been .very, .kind to her. isaid.- to Agnes, -".There .must- be something .wrdngir.itellme-svJiatit'is;" Agnes saidßelja shoiikLtell' on herself :' she was as -bad.<. Afterpersuasion,. Agnes 'Johnston said it ; had *beeu ' 1 longon her mind to' tell her. When 'Mr Quin i%ent to the institution first, he used 'to get Mrs .Quintobox'herearß,-for'Bhe-was a wild ; -girl, v ;but when Bhe'grewup to .womanhood heibegan' itolikeher.^ Witness 1 here stated that Agnes^ Johnston told her that j-here-ha'd beenimpro'pbr" intimacy between herself andi-Mr 'Quin ? - andthat Mr Quin had threateriedfto-kill her.. if s^ietold of it.i* Johnston -said <that anymoney Quin had ! g^iven .herashe had given po Bella Gordon, 'who'ipVomised to >buy her|a] (drefis'/'i-She'said that the last- time Quin went: with her wast'abbut a week ibefore. he leftfpr • .the Exhibition: 1 The girl said 'she had', told* Bella Gordon i she t -was! riot. 'goihg' with Quin' fagainj'and-that Bella! replied, " You- must go; i.withihiin jiif. ybu.donot,.he.will hate you and 1 never do anything for you." After witness' had vheard these statements 'she ! was anxious for v - the girl, and used to question her when she. 'ha 4 been to the institution. ■ On 6ne occasipn she said- that, iQuin rt put his amis round her,saying, " Agnes, you don't seem to care for>the old man now.". Witness, told Mr Hitchcockall that the girl had told her. ' . " 1 To. Mr .Denniston; The girl stopped with" witnessfor two years, and the amount allowed her was 12s a week! - She never asked for more. •All the relief- she had was'four weeks' rent and brie , half -ton of Green Island coal. The relief ,was not stopped because she had money in the bank. She had very little money. Before- she ■ came to Dunedin she was five .years houseikeeper to Mr O'Keefe; ■ She did not live.. with • ■,him as .his.' wife. " If Mr O'Keefe ,was calledand .contradicted. that, she would state .that his evidence was false. / i ■ - >' 1 '■' , Alexander Graham (painter) deposed that he , knew the' parties concerned in the case."--W£t- . nesa told Mr Hitchcock 'what hjs wife had told Jiim'sHe had heard' from Mrs Dennistoun.' Ijlr •Hitchcock then went .to witness' wife to learn 1 -what she knew.^f This was in- December. i"on the 15th ©f January witness. met Agnes Johjn'-' ston, ■ who- then- said it was all lies she had iwritteri to Hitchcock, and added, " I wish >%6 . God you would get 1 the . paper back. " Witness rsaid he would do his/best to keep them-all out of i trcuble,i and; said she was very foolish jto' speak.about sUch anaffair if there was no truth rinfit. -He ' said, ;ti What Would she do if she had, 'a child?'" She replied,-" What's that to 1 .anybody if Lhad?i 'Quin.and his mistress were' kind to me." Witness got the paper from Mr Hitchcock, to whom", he 'had .told what the girl had said, f r When Agnes saw the paper hi wit-" •ness' hand, she saidjf" That is not my paper," and looking at it,- aaid it was not 'the paper she . signed,, and >toro. it up and threw it mi the fire" Witness twice ; askecl; if there had . been -improper intimacy, and. oil 'the question being' again repeated.jshe said that Quin had thrown,her on the sofa, t He told Mr, Hitchcock what -■she had said. ,'•,.- . „'. <■ , Cross-examined : J-Ie could not cay if a man •named Tyxee hadibeprngoingirom the Court to :the witness-room arid, telling them what tho -witnesses wore saying-. Ho hoard him telling • i others what the 'girl 'Johnston, had said, but Tyreo did riot speak to him. He cfould not swear what the man said. He had heard oiit.side that she had said lie had ottered hor drink. That was a 1 downright falsehood. His wife had offered her, a glass of stout.' < Bo had asked the girl to- go into ' Donaldson's. -He did not know whether he did indulge in boer. Witness had three interviews with the girl, and after two of them Hitchcock called at his house. The accused knew that he (witness) was going to speak to the girl. Witness first became acquainted with Mr Hitchcock by Mr Hitchcock attending him to cure his corns: — (Laughter.) He did not know of' the inquiry that nad beenheld when the conversation he had detailed took place. He took in- the 1 Star,, and/ read "tenders " and - " wants.'.'—' (Laughter,) ■ ' \ ■ - ' ; ' Cross-examined : He knew the paper he: Had takenswas not the original, 11 '•< 1 ' • „ " Re-examined : $he ■ girl had *■ been denying ■ haying -signed the. paper, ■ and the paper was ; taken to her to eeeff she would deny .what 6ho had signed..

Mary Graham (wife of the last witness) gavd evidence of what she hud told the accused she had heard from Mrs Dennistoun, 'a,hd',c<jritr'a- ' dieted the evidence given by Agnes Jbhnstpn oh several points. ', „' „' '".'!' Emily Panting was calle,d, and, Stated that Agnes Johnston had " told her on the day she had had the interview with Mr' Hiichcock that at the time of the interview she, did' not know it was Mr Hitchcock who, -had been'talking to hefi , All the afternoon Agnes^was'talking to .Miss Janet M'Swcn, and witness'qVdrhoard her "say' if she had known it "was .that' pld Hitchcock, sho would riot have said'a word to him.,- Agnes Johnston also sajd,!" Mrs; Quin knows all abquti it. -She knows.; how. )kd he is with the other 1 girls." . •. ' ; . William Martin deposed, that ,he : had b,een a'nanmate of the.Benevolenj-'Asyluni. During the time ha was there he was wardsmam He told Mr Hitchcock : that a man mi^ht die and be buried, and no one know the! cause. 1 No doctpr was there for^a long tiitie, and if he had been' inclined he might have poisonedjihe lot of them.— (daughter.) Scott; (another, inmate) had said to him-, *, Why don't you .give them , (the patients) a dose ,and get- rid of them?" ■ ■> ' -": i ' ?' '~ Cross-examined : -He had applied twice qince to get readmitted, and would like-to go back. Re-examined : He wanted to get back^because he had heard there was such a! great alteration in the institution. " t " William Warrant, who had been an inmate of the institiition,- gave a wholly account' of. what transpiiredjin tha.wawS-foKthe sick, the purports of ,Which was that after a -drink given by MrsQjiia a rj man lay insensible for a very long trm'e. ** ' ' " r> ' , „, 'This closed the case for the 'defence..' Mr Denniston said -tie pi'opdsed-' l t6' l 'call l a witness toproveithat Mrs Dennistoun' had 'gone straight from the, witness-hpx to alpers,qn...outa I pers,qn...out- t ../ side, and ( had said thajb Tfrhat ,'s ( ai[i, i». the witness-box .was untrue,' .'and asked the^ person not 'to contradict her.' - I '' l '" '', ' " il ; |/ ' f His Honor said he did not- think 'there 1 r was a precedent. that would,apply. . r-.. „■ .- [„,' „', \ . Mr Fitchett, remarked -there jwouldabe no finality if .this course was, allowed.-/. ,> .■■> iv; l His Honor said he .would allow.the witness .to bei called and; examined, but".if-'it .was objected to he would re'serve,the-point.v <c '; Mr Mtchett said he should object;.) ju'W . • Mr Denniston said in: that case-he .w.oUldoiot risk- anything by calling, the, evidence/':t<He fthen called '• '• ' ■if 1 .i.!v. .1. i'.U I,■ „"< ' •Michael O'Keefe, who deposed! he* had been a constable, and. had- known, MrgiDennistoun for a long time. ;i'He,would\notibelieY6;he]pon -her oath. . if ■ ■ . . ••..} ?- v.;;)-. btu, ■ Re-examined: I have known,Mrs-Donnis-touh a long time,, and have lived with hevi'.ir • Mrj'Dennistom: 'iln twhat./Capaidity,'?'i/A8 ■housekeeper?. Did ■ you' > live -together //.as husband.and wife?,-' ,«i"i , .i.(,"ii ,01 ?,< <n\ . ' ' The 'question was objected to'^and was 'not pressed-.' 1 ' ' •' i'li ' 1 > lfi ' 1 fl '; ■V"-->T' " {t ' u -H Mr Adams', 'in addressing the Jurp'fojrthe defence, said 1 that thei'e ''vyere' two'methocls of procedtire for-'libel— .one'^by a 1 civil,' 'anq 17 the other by means of-a criminal infonriaw6h'}"and ■'.one 'of the cdnsequenqes of ihe'dj6fend&n't 1 pl to*'deeding criirfnallj)' \Vas that 'the. idefendSnt's mouth wksfsd'to] speak, gagged. 1 - 1 Itf' J h;a*d;'bfJ;en been remarked 'that^wnen 'there °<vere/^wo n\ea'hs of'.p^6cedure' ; p6!3sibre',-'that' sljoiiUr'be ! taken-.which'was'lea'st oppredsive"to tUe^efen'da'nt..; The' Idef1 defendant.f endant . migh tl-bbe't 1 -bbe'b f c' a" Ip'oo'r man— ,'in'the pre/ent caseT,'^ yas-^nd it 'might be-saidHHat if -a' civil! action were brought He would' J fib^h'ave 'theiine&rris of ■paymg 6osts, but 'would-w ino'r'e' likely' t'6' be able to bear the' costs -of 'the'pfese'nit l 'pro''s& < cu.tioh. ■ Another *c6ns'e^uence of 'the I ' 'criminal 'mode' of procedure 1 was "that if~ttie-*p'rds^6titor -induced 1 the 'Jury-'to'-beßeve* that HeG f^ls'P'i.nd malicious -libel ! ' 'had J knowingly been^'dom'mittea/th'e'defendan't iflightbe'ssubjeCTed to imprisonment ',as' well' as fine,* 'apid!' h'e' asked would the I ' Jury assist'a'manwhenhe'ha^iia'ken the most obpres"sive I cc>iif i ß'ey'wh'en Ke'bbtild'have taken ' a!l!lbssa !I! lbss 'oppre'ssivis L mo'ae l of 'against the a'ceu'se'd; 'The^ defence- did ( ribt f bay tfiat'th^'a'ccusatiph's ! ifi J 'the f lette'r, I were true'; on the Contrary, the position" they ' had t'ak'enup w'a'^ that they were 1 not true^thafc' thea'edttsed had 'been misled 1 . ■> Th'elJtiify-niightf'give' 'their' verdict in favour of the defendant,- '^ild .'say that 'he' was not guilty of haying Mlfully published a false and. mali(ciou^be'l,''with6Ut ; leaving a single 'taint upoii' M'r : 'Qum's''cha t ra'cter. They had f ttot ( lileaded' .that' "Mr -'Quin 'was compelled to prove 'his 'owrfHinhocefipej they hadsimplypleaded that 'they ha"d<not, kribwing it to be false, 1 published a scahdalo'u's 1 ' and malicious libel. 1 ' That it was false they J readily adiriitted j but he thought the 1 Jury.Vbuld be able to agree-'tliat the acciised*'did(iibt"-ktt.p-J? it to be false.; Tlie evidence for^the^rosefcution showed : a considerable aixidunt of;. qhiAi'titf^ the part of (those concerned, and'h'clcould n'otbut'obm* , mentupon the conduct of Mr R.. B. Martin-j'who, Rafter giving his evidence, had hebn- prompting •Mr De'nniston'on varibuafmatters.'^ Mr MaYtin, he contended, hacVacted'as, a partisan,' ,I^"hich. ds - presidents of" the : institute;' 'He I ' should not hatfe^donej arid' if" r the -Jury.felt; as 'he^the'learned counsel); f didj th&yVpffld'not help l 6iih'er Mf Martin; or Mr; Quin' ( -in 'this attempt "at oppression;' 1 The 1 -' pould have been discussed- not .prily- as (t { well-, t;f but better' by means' 'of a civil f afction, for; in that 'case the ' defendant could. rl have "^he'^into the" box ; and- told' -them 'that--- he' f was actuated by no other -fe.eling.- than I ' that *'df a strong desire' to purify the^iristißUtion r of"*#hat ! he believed to be'gross abusHs, arid'thathe'had no feeling 'agairist Mr! Qufn b'eyona; -v^hat waa c'aus>d by his (the "defendant's), belief that' Mr Quin was responsible for the existence* of those abuses'/' He 'w6uld ask theffui^'t^'say'if, on 'the evidence, the defence ! had iiot'Mowti, l's\ifficWtly that 1 his clidtit belifeved the" 'statements to be true. If any 'of the jurors had'liste'ned 'to the stories,' and had' Ji'ad' no -rea'so'h : to !dis- , l3eliove them,' &s was th6 'case' with thea'cc'l&sed, would u6t they 'have th'ougM'JitHh'eir /du'ty to endeavour tb' have aii v inquiry, atfd-'jf^'thoy' failed in that, would not they tpo'b'e haole to loso their tempers ? H a riian 1 we're Kbnfe'stfand virtuous and found sueh 'an inqjuiry ' Baiilked, 'woiiid it be natural that hl3 sHbuld''not,lds£ his temper, and affcei 1 his mind'ha'd ! lost its' 'balance •that 'he should 'do 'scime'thing'whicH i> p > erhapß 1 ho ought JRfo to. have 'done 1 ? - Thpy ' cpuld hardly bffiniß '>''&■• inari' for " using 1 'strong language, or adopting" in'judiciqus measures when attemptm'g'-'to put-down "such" abuses as tho accusdd believed 't'o exist! The* lo'arned j counsel' suggested that the reference t'0 1 inmates being likely to' be {fois'oned 1 was explained by ! the evidence, 'which showed th'{it' ! at any' rate the accused had reason to belie" ve- that ! 'Mm Quin had charge of 'the dispensary. • After referring to the evidence, the, learned counsel concluded by saying that' his 'client had endeavoured in his blundering' way to bring the light of truth on questions that Were'in his mind Concerning the institution. ' That he had blundered was • certain' ; bu't'he had^doneso honestly, and with the determined intention of ridding the institution of evils 'which he believed to exist. If the 1 Jury -f oundtliat he had acted'honestly,' then the' focused was entitled to an acquittal. ' " ' '." '' '* "' ' , 'Mr Denniston addressed the' Jury for the prosecution. Mr, 1 Adams 'had "-told^'the- Uury : that the accused was a poor man, and if that was the oase, ahdoivilvp'rooeedmOT had been I taken, he oould not have been pumsbed at »W,