TONGAN LIBEL CASE.

Taranaki Herald, Volume XLIII, Issue 10111, 18 September 1894, Page 2

TONGAN LIBEL CASE.

MR C. D. WHITCOMBE DEFEATS HIS ACCUSSER. The Auckland Star publishes a very lengthy repoit of tho trial of Mr C. D. Whitcombe, tho Foreign Secretary to the Tongan Government, for criminal libel ; the charge against him being brought by Mr A. M. Campbell, lato Chief Postmaster and Collector of Customs. Tho trial, which commenced on Monday, August 20th, lasted till Wednesday, when a verdict of " not guilty" was brought in, and tho defendant cast in heavy cost. The alleged libel was contained in a report on an audit of tho Post Office accounts addressed to tho Premier of Tonga, on loth December last. Mr Cotter, of Auckland, defended Mr Whitcombe, on behalf of the Tongan Government, whilst Mr Campbell, the plaintiff, conducted his own case. The plaintill' in his indictment complained that he had boen wrongfully charged in defendant's report with " having concealed, removed or disposed of privately" stamps and envelopes belonging to tho Tongan Government of a faco value of (?) £20,77.0 3s 4d. The statement of defence pleaded that all tlio assertions contained in the report were true and could bo proved to bo true, that tho report was published solely for the public benefit, that tho action of tho Government in suddenly dismissing the plaintiff from his position as postmaster before the audit was begun anrt in placing j tho Post Office under an armed guard for I several days after his dismissal, waa, at ! the time, tho subject of much comment amongst tho Tongan people, and fully justified the publication of tho report, and that tho defendant in having the roport printed did so merely as an officer of the Tongan Government. The hearing of evidonce occupied the Court for two wholo days, and at the commencement of proceedings on the third day tho plaintifl said that, bofore going any further with tho case, as ho iully recognised tho peculiar position in which he was placing himself, ho did not wish to proceed with the prosecution. Mr Cotter said that that being so, ho would ask the Court to enter up a. verdict for tho defendant. In accordance with tho directions of tho Commissioner, tho Assessors, without retiring, brought in a verdict of " Not Guilty," costs being then allowed to the defondant to tho extent of £5'J 5s lOd. So dolightcd wero tho Government at the issue of tho case that Mr Cotter (Mr Whitcombo's solicitor) was feasted and made much of during the remainder of his visit, and he was made tho recipient of a largo collection of mats and island curiosities by tho Premier on behalf of tho King and several of the high chiefs of Tonga,