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19

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of the publication of the contents of Colonel Fox's letter to the Premier of the 16th March, 1894, in the Evening Post of the 4th April, 1894.' Mr. Hoben, a member of the Evening Post reporting staff, has also been served with a similar summons. " I desire to protest, in the strongest possible manner, against this attempt to extract from me, or from any member of my staff, secrets which relate to the conduct of the business of this journal. Ministers apparently suspect some officer of the public service of having betrayed confidence, and they have set up an inquisitorial Commission to force a similar breach of confidence and betrayal of trust on my part, or on that of some member or members of the staff of this journal. I regret that they should descend to such an unscrupulous method of seeking to extort information. " I absolutely refuse to attend myself, or to allow any member of my staff who may be acquainted with the facts at issue to attend. "In taking this stand I intend no disrespect to the Commission under which you are acting, although I entertain a feeling the reverse of respect for those who are responsible for advising His Excellency the Governor to issue a Commission in Her Majesty's name the purpose of which appears to be to force me or some member or members of my staff to commit a dishonourable action. lam well assured that the powers of the Acts of Parliament under which your Commission has been issued were never intended to be prostituted to such a purpose. As a journalist, I neither adopt myself, nor would I countenance on the part of any member of my staff, any dishonourable means of obtaining information; but when any information is given me in good faith I regard the confidence as absolutely sacred. When I use information so given me, I accept the full responsibility ; and no amount of pressure—no threats of pains or penalties—.will induce or compel me to violate the confidence I have accepted, or to disclose the source of my information. I hold this to be a point of journalistic honour from which no departure is possible. I may add that in this I am not taking up any new position; I have respectfully but firmly maintained the principle before the Supreme Court of the colony, and risked all the penalties which that tribunal could award for the technical offence of contempt, rather than betray confidence reposed in good faith in me as a journalist. " I am not likely, therefore, to be frightened or coerced into the commission of what I should deem a dishonourable act by any threats of such a monetary penalty as it is in your power to inflict either upon myself or upon any member of my staff whose examination by you might lead to any violation of the confidence I have referred to. " Neither Mr. Hoben nor myself will appear or give evidence before you in regard to the subjectmatter of the inquiry you are conducting. " I have, &c, "E. T. Gillon, " C. O'Hara Smith, Esq., Eoyal Commissioner." " Editor, Evening Post. John Eobertson Gibbons sworn and examined. 319. The Commissioner.] What are you, Mr. Gibbons?—Chief reporter of the Evening Post. 320. I believe you have recently had a most interesting tour through the centre of the South Island on a bicycle ?—Yes, interesting, but not particularly enjoyable. 321. When did you start?—l started from Picton on the 28th March—the Tuesday after Easter. 322. When did you leave Wellington?—On the eve of Good Friday. 323. Just briefly describe where you went to from Picton? —Leaving Picton on Easter Tuesday morning, I made my way on a bicycle to Greymouth, and arrived there the following Sunday. Continued the journey to Christchurch, and made that city on the following Thursday. I stayed a day in Christchurch, rode on to Lyttelton, caught the " Takapuna " and came back to Wellington, arriving here on Friday morning, the 6th April. 324. You were absent, then, about two weeks ?—Yes. 325. When did you read the article in the Evening Post or the Press Association telegram regarding Colonel Fox's resignation?—On my arrival in Christchurch I saw a copy of the Christchurch Press. I there read that Colonel Fox had resigned, and saw a precis of a letter which he was supposed to have forwarded to the Premier. 326. Did you ever see the original letter from Colonel Fox ?—No. 327. Did you ever see a draft or a copy of it? —No. 328. Did you see the original paragraph in the Post ? —No. 329. Do you know who obtained the information for the Post t —No. Having been absent at the time, I was not aware who obtained the information, and on my return I refrained from making any inquiries, or satisfying my curiosity. 330. You do not know how it was obtained or who obtained it ?—I do not. 331. Have you been given to understand that your newspaper obtained it in a perfectly fair, legitimate, and honourable way ?—Yes. 332. Who by ?—I do not know. 333. Did you understand that there was no breach of trust or confidence on the part of the person giving the information, or on the part of the Post in publishing it ?—I have heard it stated that the information was obtained in a journalistic manner, and I understood there was no breach of trust on the part of the Post. 334. Did you also understand there was no breach of trust on the part of the person giving it ? —I am unable to answer that question. 335. Do you understand, from any conversations you may have had with any persons connected with the paper, that it was not a breach of trust on the part of the person giving it ?— I do not know that I have had any convers'ations with persons who might know. 336. Had you any conversation with Mr. Hoben on the question of breach of faith?—l must decline to say whether I had any conversations with Mr. Hoben or not.

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