CIVIL SITTINGS.

Tuapeka Times, Volume IX, Issue 607, 11 October 1876, Page 3

CIVIL SITTINGS.

Monday, October 9. (Before His Honor Mr Justice Williams and a Common Jury. Thomas Birch v. W. Hooper. — In this case the plaint ff sought to recover from the defendant, who is proprietor of the 'Liberator,' the sum of LSOO as damages for an alleged libel centained in the following article, which appeared in that paper on July 1 : - A few days ago we had the very questionable spectacle of a J.P. laying tho foundation stone of a building which is intended for an hotel, but the license for which, we hope, will never be granted. This house, or ratho* its foundation, is in a suburban township, and is the first of its kind there. The township is quiet at present, and well ordered. There ore no police there, nor are any wanted j but let this house be built, licensed, and opened for the sale of drink, and directly that small but quiet community will be burdened with a police station. tVo believe that a church is boiug built iv the town, and it is the old story over aga'n with practical illustration— "Where God appoints a house of prayer, Satan builds n chapd there. But that the foundntion of Satan's chapel should be laid by Thomas Birch, Esq., J.P., is rather too much Of a— Well, we will not say — good tiling. Oar opinion is that Mr Birch holds rather too unmy offices. How he can net as devil's mason and spirit merchant, we can understand, but how, while holding these, he can properly discharge the office of Her Majesty's Commission of the Peace we are at a loss to comprehend. Wo believe Mr Birch is a carpenter by trade, and, for all we know to the contrary, he is a very good workmon, or, rather, was once. He may also be a very good mnson, at least geod enough to lay the foundation for the devil's chapel ; and we have no doubt— no, not the slightest — but that he would make a very consistent worshipper when the building is up, and, in addition to these, he is a good spirit merchant, and withal "a jolly good fellow." We have always thought Mr Birch a hearty and agreeable man ; but we do think that ;t is altogether too much to expect him to offer his " great unpaid " services to the public, especially since he has taken to laying foundation stones for Satan's chapels. He should, therefore, be relieved from the onerous work of tho J.P.-ship. But, to be serious, we think it is bringing tho office of a Justice of the Peace into contempt, when, after consigning poor druniiGU wretches t • gaol for using what they bought at hot< Is, for Justices to go and lay foundations for nioro hotels when Iho land is already overrun with those <le:i3 of in f amy. It is a blot on Christendom that allows such things. It is too much for hn man forbearance that one roau should be ollowed to se'l drink, assist in building drinking heils, and tiicn s>,ep on the Bench and fine aud imprisen the poor, silly people who buy the drink and use it, and in usim? it, net aruuk. Is it to bo expected that the people will reform their habits of intemperance while drink sellers, drink users, and hotel masons are sitting in judgment on tuein P Again, is it to be expected that the police will be aole to effect any reform while the interests, the tastes, and inclinations of the pi esiding Jus' ices are altogether with the publican ? Suppose a'case : if Dan White obtains a license for his intended hotel at Raveusbourne, and a policeman catches Mm selling ou Sunday and brings the case, to the Police Court, and Thon as Bitch, Esq., is on the Bench, will Dan White be finel, or if fined at all, will the fine be a heavy one ? If Dan White gets a license, we expect he wiL get his brandy from Mr Birch — he will, if he is not an ungrateful man ; and if a man gets locked up for drinking Mr Birch's brandy, will it be justice for Mr Birch to send tkat man to prison, while he has the price of the man's drunkenness in his own pocket ? It is time, quite time, that this sort of thing were put an end to. Those who administer the law should not pocket the gains arising from the breaches thereof, neither should they lay foundation stones for buildings which are notoriously prolific of crime. We look upon Mr Birch's action at Havensbourne as highly discreditable to the Benoh of which he forms a part, and we hope the Government will show their disapproval of his conduct by removing him from the 801 lof Justices of the Peace. Iv making these remarks we entirely disclaim being actuated by any feelings of personal hostili y to Mr Birch; on the contrary, we have always regarded him in a friendly manner, but peisonal consideration must not, shall not, stand in our way in upholding common rights aud public consistency. The defendant pleaded that the matters stated in the article were true, and that the comments were fair ones. Mr E. Cook appeared for the plaintiff, and Mr Stewart for the defence. The following evidence was taken :—: — The plaintiff deposed that he was a Justice of the Peace, and had resided in Otago for twenty-four years. He had been Mayor of Dunedin three times, H e had read the article complained of, and denied that he had laid the foundation-stone of an hotel as stated, but he assisted to do so. He and a few friends went down to Ravensbourne on the invitation of Mr D. .White. Some champagne was. drunk upon this occasion, and sandwiches were also consumed. He was not aware that the law was broken. The whole of the article, subject to such exceptions as that he was a carpenter, was untrue. He did not enter into a compact with Dan White to supply him with brandy. To Mr Stewart ; He admitted that the report of the proceedings as they appeared in the ' Licensed Victuallers' Gazette ' wa^ a true one. He did not know tfeab before

going down there was to be a formal opening of Ravensbourne House. The invitatiojs were of a general character, and several toasts were proposed. He did not consider it undignified for him to preside over the meeting, bnt he was not there in Ms Capacity ol Justice of the Peace, bat as a private citizen. He was not aware that ft large portion of the inh ibitants of Ravensbourne were opposed to the establishment c£ an hotel there. He did not know that another Justice of the Peace had refused the invitation, nor that his own conduct wai unfavorably commented upon by his brother J.P.'s. He was not a teetotaller, and whether he was fond of a glass of whisky had nothing to do with the case. He considered it quite consistent with his position as a Justice of the Peace to be present at the meeting referred to, and no consideration would induce him to dissever himself from his friends, or prevent him from exercising the judgment which God had given him. His interests, but not his tastes and inclinations, were with publicans. Ho patronised publicans occasionally, and pitied them.. He drank as much champagne as he could get, and also sang happy songs from the same sense of pity. In proposing the toast of •'The Licensed Victuallers' Gazette," and wishing it success, he did so from a similar sense of commiseration. James Marshall, brewer, and James Finch were also examined, but their testimony was of no general interest. This was all the evidence. Counsel then addressed the jury, and his Honor summed up. The Jury after a short deliberation, returned a verdict for the defendant on all the issues. The Court then adjourned till Ihursday next.