The Evening Star. WEDNESDAY, JANUARY 25, 1871.

Auckland Star, Volume II, Issue 326, 25 January 1871, Page 2

The Evening Star. WEDNESDAY, JANUARY 25, 1871.

We are exceedingly gratified to learn thab the oft-reiterated charges against the Government of having purloined the telegrams of the Telegraphic Press Association are at length in a fair way of being investigated, and that, as reported in a telegram to hand, the G-o----vernnient, with this object in view, have instituted criminal proceedings for libel against Mr. Barton, the editor of the Ota go Daily Times, manager and late commissoner-ex-traordinary of this Association. "We make all allowance for the warmth of political hate, but it is high time that some steps should be taken to put an end to the wanton and unjustifiable charges that are in some quarters laid against individuals either in the Ministry or connected with it, with the evident expectation that they will be passed over with impunity. Our readers will recollect the circumstances on which the present prosecution is based. Certain Melbourne telegrams appeared in the Wellington Independent, which the Press Telegraphic Association at once announced to have been stolen at the Bluff by the officers of the electric telegraph, and transmitted by them to that paper, alleged to be a Government organ. Of course, the natural impression on first reading such a charge would be that " news," being a commodity about as free as the atmosphere, might possibly have reached the ears of the agents for the Wellington Independent in Melbourne, as well as those of the agents of the Press Association. But no; the Press Association were possessed of some private mark, by which they identified the property as their own, and knew that it could not have been transmitted from Melbourne by any other means than their own agents. Of course, the public might suppose that of the many passengers in. the steamer from Melbourne, some one might possibly have possession of the news, or even picked it up on board. But no; the Association knew this could not be, and with an incaution that we should not expect from a journalist, the editor of the Daily Times, and manager of the Association, forthwith rushed to print and boldly charged deliberate theft.

If the allegations made were correct, then every officer in the telegraph department implicated should be not only summarily dismissed but severely punished for larceny. If the allegations were merely the random baseless charges of a jealous journalist and agent, then he deserves incarceration. We observe that the proprietors of the Olago Daily Times have washed their hands of the whole thing ; and as Mr. Barton made the charge in hia capacity of manager of the Press Association, have very properly left him to defend himself as such. We observe that our contemporary the Evening News makes an ad misericordiam appeal as to the hardship of the prosecution. The arbicle is not so " dismal" as usual, which shows another hand at the bellows. But the pleas are so peculiar that they deserve comment. The manner in which the G-overnment has selected to vindicate the character of its subordinates is called in question, as if the criminal has the right of imposing restrictions as to the manner of his indictment. It is assumed that the Government is called on for an apology in this regard. " We shall probably be told," says the writer in the livening JSFews, " that no " other course was open to the Gk>- " vernment under the circumstances " than that of instituting these pro " ceedings for the defence of the " department, but that we deny. They " might have instituted a commission "of enquiry, and have put us in " possession of the evidence taken " before it; or they might have re- " served it until the new Parliament " meets, and have referred it to a " select committee to enquire into and " report upon. In either case the " public would have been much better " satisfied, and more substantial justice " vrould have been done." This is inimitable. "We shall probably be

" told," says the Neva, '( that the " Government had no other course to " take." But we shall probably be told nothing of the kind. The Government may have had a thousand and one different courses to take; but if they have taken the right one, the remaining thousand may be well left to afford speculations to the Evening Neics. But as to the public being better satisfled " with a commission of enquiry" or a " select committee" than with a trial in a court of law, it argues great ignorance on the part of the writer, both of the character of such enquiries and of the common sense of the people to make such a ridiculous assertion. If Mr. Barton has spoken ithe truth, let a judge and jury of his countiymeia acquit him. If he has spoken falsely, let a competent judge ! fis his penalty. But for the credit of our country let not so grave a charge against the common honesty of our Government be hushed up in the humbugging farce of a parliamentary commission. The motive alleged for this prosecution is worthy of the generous impartiality of the Ikveninq News. It is not for the manly defence of a maligned subordinate ; it is not for the cause of justice, nor for the satisfaction of the country; nay, but it is only an electioneering dodge, or for revenge on Mr. Barton. "It will " either be said" says our contemporary " that this prosecution was institu- " ted with the view of diverting atten- " tion from the elections now going " on ; or it will be said that it has been "instituted with the view of putting " the editor of the Otago Daily Times " to great expense and trouble." But how does it signify " what will be " said?" And if it does signify, it certainly will more naturally be said that if the Government had dared to evade the investigation of the specific charges of theft, in an open court of law, or now dare to shuffle out of the prosecution, it is because the Government is guilty and afraid of an investigation. But the sore point is revealed by the writer in the News. " "We " know how difficult it is at times to " adduce legal proof of that of which " there may be the greatest moral " certainty, and we should therefore "he prepared for the wOr.lL" Ah, there is the rub ! "We do not wish to prejudge the case. But we do not hesitate to say that is the rub. And if the dark suggestion shadowed forth ia true, we say, " woe betide " Mr. Barton ;" and in the vernacular " serve him very well right!" "We always thought that difficulties would beset this proving of theft, but all the more cautious should the manager of the Press Association have been in placing his suspicion* on the broadsheet. If wo are all to let fly our random shots in every moment of annoyance, without even the basis of truth to mitigate or justify our slanders, social life will soon become a very pleasant thing. Besides we can hardly regard the assertions of the manager of the Press Association as random shots, for the Evening News asserts that "they were no haphazard "statements, but distinct and specific " allegations, apparently borne out by " documentary and circumstantial cvi- " denee of the truth of which there did " not appear to be the shadow of a " doubt." And though we do not with our contemporary think that we have herein a proof that such statements would not " have been made without " his being in a position to prove them " We feel that the vraisemblance of the charges, while compelling the prosecution, will tell more severely against the slanderer if he is condemned.

But the writer in our contemporary admitting the necessity in the circumstances of " being prepared " for the worst/ takes comfort from the generous instincts of Otago. " The Otago public would never " stand silently by and allow " proeedings of this kind to " be instituted." "Well, we have great respect for Scotch people. But if a man has brought trouble about his own head, they are often "unco' " canny." " JVa, na, Maister Barton, " gin ye maun hae burnt nuts, ye " may jeest pu' them oot wi' yer am " paws."

We know that we should have sufficient esprit de corps to feel for a journalist in trouble. But after observing some of the gross and scandalous and baseless libels on members of the Government that have been uttered nearer home, and uttered with impunity, and even spiced .vith blasphemy to give them greater pungency, we do ttiink that it is high time that an example should be made, and Mr. Barton is as good as any other.