BLENHEIM, Wednesday.
Mr Dod&on entertained his committee and leading supporters last night at a sumptuous banquet, over 150 being present. The proceedings were very enthusiastic, Mr Dodsou's recent victory being the most popular ever known in Marlborough. DUNEDIN, Wednesday. Mr Fish has discontinued the libel action ngainst Walters. In banco to-day, Judge Williams delivered judgment in the case Campbell and Kennedy and otheis, in re the Duuedin Evening Star. He said that the summary of the statement published was a conect one, and theie was no reason to suppose it was published with any bad intention. If the publication was irapioper, the publisher was not guilty of anything more than carelessness or inad\ei tence. If a statement is published befoie the trial of a claim containing grave chaiges, the natural result of such publication is to create a prejudice in the public mind He thought, under the circumstances, the defendant was quite justified in coming into the court for protection, having no other remedy. If the statements published were libellous, unless proved to be true, he had his remedy in an action for libel, but that was not the wiong complained of in the piosent motion. The respondent's contention that the statemeut of claim when filed in court is a public document in the sense that it is open to anyone to publish ifc, is piacticully disposed of by the ViceChancellor in le Chattenham v. the S\\ ansea R;iih\ ay Company. A st itement of claim in an action is filed iv court for the information of the court and the paities concerned, fco tar as he knew, thcie was no law or rale which gave all the uoi Id the right to peruse it. There was no objection to anyone perusing the statement ot claim on the payment of a fee, but it the Registrar had any reason to believe that a perusal asked for by some pei son who was au entne stranger to the action was for the purpose of publication, it would be his right, if not his duty, to refuse to allow the perusal. Not until the ca&e was heard did proceedings become completely public property. Therefore contempt was committed, of which defendants hal a right to complain. To publish the summary at all was to say at least rather an unusual pioceeding. As the aigument at the hearing really went so far as to show that the publication was legitimate he could not refuse the movers their costs without in effect deciding that the publication was justifiable. He had not been completely satisfied of the respondent's bona fides, and had not the question been laised for the fiist time in the colony the case would have called for the infliction of a fine if not for committal. While agreeiug that it was mischievous for the court to interfere except there was real necessity to insure litigants fair play, he was satisfied that the publication of such an ex purle statement as this one had a strong tendency iv a small community to prevent fair play, and theiefore should be prohibited. The lespondents were ordered to pay ten guineas^ costs. In the case Ward v. National Bank, in which the special jury found for the plaintiff, a new trial was granted, the cost of motion (twenty guineas) to be paid by plaintiff. The question of costs in the first trial wii reserved. Mr Stout mentioned that he would apply to take the case direct to the Privy Council. At the inquest on the body of W. J. Wakelin, found in a creek, a verdict of suicide by drowning while iv a state of temporary insanity was returned. The deceased leaves a wife and ten children. At the meeting of the creditors of Austin Lewis and Co., the proceedings were very lively, and mutual recriminations took place between the partners.
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Bibliographic details
Waikato Times, Volume XXIII, Issue 1883, 31 July 1884, Page 2
Word Count
644BLENHEIM, Wednesday. Waikato Times, Volume XXIII, Issue 1883, 31 July 1884, Page 2
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