ALLEGED LIBEL CASH AT DUNEDIN.

Star (Christchurch), Issue 2593, 17 July 1876, Page 3

ALLEGED LIBEL CASH AT DUNEDIN.

[RY TB&BfITOA*H]. (Fm» a Cvrresfmlmt ef the Jtyttri*** T^mis.J DuifHDiw, July 15. Tho hearing of the aotion brought by Bishop Moran against; Mr George Bell, of fcho Evening Star, for republishing an alleged libellous statement from the Tuapeka Times, was continued in tho Resident Magistrate's Oourt on Saturday, Mr Bathgate, R.M., alone oooupying the Benoh. His Worship prooeodod to read tho usual caution to defendant, whon Mr Howorth submitted that it was not tho proper stage at whioh dofondant should be oharged. The Court had only hoard the proseoution, and he (tho learned counsel) submitted that the praotico of tho Courfc was, for him to address the Oourt, tho defendant to call bie witnesses, and thon for his Worship to call on the defendant.

His Worship oalled oounsol's attention to sootion 52 of the Aot, where tho form to bo followed was proscribed. After considerable argument ifc was deoided that Mr Roll should make any explanation, and that counsel should thon be hoard.

Tho Ohallongo wae then read, and, in reply, Mr 801 l said : I admit I am tho proprietor and editor of the Evening Star newspaper. I did nofc write the alleged libol, nor was! personally concerned in the publication of it. Tho first time I saw it was whon reading tho Star at my residence on the ovoning of July 8. Sinco tho publication, I havo not acqaiesced in it. No one has aaked me to publish a contradiction or refutation of it, and until tho proceedings in Oourt I did not know that tho mattera allegod wore false. Tho columns of tho Evening Star havo afc all times boen open fco Biahop Moran and to the mombora of hiß Ohuroh, and whenever the Bishop haß favoured me with any letter or othor communication, it has invariably received prompt attention, and I abßolutoly dony fchafc he haa any juat reaaon for Btating that ho had aorious doubts that I would have publiahed a refutation if roquestod bo to do. The Tuapeka Times has never, on any provious oooasion, bo far as I am aware of, published a falso statement, or one that would give offenoe to any body of porsons. Mr Howorth having addrossed tho Benoh, called Frederiok Goorgo Whetham, who eaid that ho was a reporter on the Evening Star, now temporarily aoting as sub-editor. Ho was so employed on July 8. | Mr Howorth told tho witness ho need not oommit himself by any answer he might j give. Witnees : I have read tho paragraph complained of. Mr Bell was nofc consulted ci to its publication. To my knowlodgo he has never acquiesoed in or consented to its publication. Tho paragraph was out out of tho Tuapeha Times. It was thero I first saw i. Cross-examined : Whon I say that Mr Bell did not acquiosoo in its publication, I moan that Mr Bell did not boo it before and noithor oxprosaed approval or diaapproval aftor ifcs publication. No expression of regret has appeared in tho Evening Star concerning tho publication of that paragraph. I have boon oonnootod wifch newspapers for upwards of fchroo years. Readers of nowapapore aro supposed to bo fond of " apioy moraola." Whon I saw tho paragraph, ifc did nofc Bfcrike mo fchafc ii would oauflo a groat sensation. I lookod upon it aB an ordinary paragiaph. I first bow the paragraph on tho morning of July 3, in tho Tuapeka Times, whioh is published on Friday or Saturday. Tho supplement of tho Tuapeka Times is published in tho Star offloo, and consists of tolegraphio, parliamentary, and ofchor , matter reprinted from the Star. I am positive I did nofc aoo tho paragraph boforo it was. published in tho Tuapeka Times. Tho local was out from tho body of tho papor and not from tho Bupplomont. I know who inserted tho paragraph in tho Star, bub I will nofc cay who insortod it booauso I may oriminafco myself. I mado no inquiry a. to tho truth of fcho sfcatomonfc, hoforo I flaw tho paragraph in tho Star. 1 thought if it wero untrue it would bo oontradiotod. Ido not think Bishop Moran is ono of tho dc't'ja tho Slar worships. Tho Bißbop is often hit pretty hard by tho Star, and blows aro froely oxchanged. I don'fc fchink fcho Star uaually exoroiaosan editor's privilege of having tho last word, though some papors do. The attitudo of tho Star has nofc boon generally hostile fco Bishop Moran. I don't know thafc this paragraph has boen tolegraphod from tho Star Office to any other paper. Reexamined |Neither Bishop^Moran nor

anyone else diked that this paragraph might be ooatradioted. If I had reoeived a letter j asking tbat it might be oontradioted, it would j have boon inserted. Biahop Moran'B letters havo always reooivod attention and beon I published in tho Star. Tho Magistrate did not ooratnent upon the evidenoo, but oxplainod that, taking into b<m-,| siderafcion tho faot fchat the mattor had beon doomed of sufficient importance to justify the assistance of oounsol on both sides, ho did not fool jußtifiod in giving a verdiofc, bufc felt it his duty to remit it to the Supromo Oourt for inquiry. Tho defendant was committed for trial at the noxt Session of the Supreme Courfc, and admittod to bail, himßolf in £100, and two sureties of £60 eaoh.