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Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 417, 20 July 1880, Page 2

The case of "Bracken v. Price;" a condensed report of which we gave in our last issue, establishes a valuable precedent, and Mr Bracken deserves the thanks of the whole Press, and of all those who desire to see an independent Press in existence, for having brought it into court. No-doubt he will bo a pecuniary loser by it, although he has gained his case. This is owing to the delightful system of jurisprudence under which we li>o, and which is so framed as to cause all the money expended in litigation to flow into the pockets of tho legal profession. Still the result will probably act as a deterrent to others of the Price or Darrell type, who think they can stifle criticism and silence a journalist by discharging their venom in the shape of personal slander. The learned counsel for the plaintiff (Mr Denniston) thus concluded his speech on the occasion, and as a broad principle is involved, we republish his remarks, as well as part of Mr Justice Johnston's address to the jury. Mr Deniston said :— " The learned counsel for the defendant had endeavoured to make light of the words, and pooh-pooh the nature of the insult. He would tell "the jury that a grosser outrage than to accuse ajourna--ist of being guilty of " black-mailing " could hardly be committed. It meant that plaintiff had prostituted his position ; was willing to sell his pen for money, and use it to stab a reputation unless bought off by money or favours. And this was done, not in tlie heat of the moment, but with calculated deliberate malignity. He dwells on the fancied slight, broods over it, and, months after, when, too, he knows he is leaving the Colon;. —'ike the skunk, he scatters this venom behind him, whenever lie fancies he can do so with safety to his purse and his person. And this is what his counsel tells you can be compensated by the smallest current coin ! If tbe jury desire to have an honest and independent press, they must, while punishing .any malicious :.:nd reckless attacks, prelect a newspaper in th, j exercise of its right of ftee and hones!. cii.icism of public men are;! public mutters, What chastity was [<■> a woman —what courage was to v so'hhYr —honesty was to a journalist ; and any such anil aud false imputation as the present culled at their hands for mibsiantial damages."

In summing up, His Honor concluded by saying that honest criticism deserved protection. There was far too much tendency the other way, and public characters would be all the -better, impartial criticism and, if necessary, censure.; He thought they would agree, if tlieyjfound for the plaintiff, that it was,, not a case for merely nominal damages; ■> There is no doubt that these remarks will be endorsed, by all but the few who from incompetence in the positions they have assumed, or overweening conceit cannot endure the light of day being let ijrif upon "jthfir | atfd/° cordially" detesfrlkmest.and intelligentrCriticisni. •