MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2520, 22 July 1915, Page 9

MAGISTRATE'S COURT

ALLEGED DEFAMATORY LIBEL

COMMITTED FOR TRIAL

riAi c^ar °® publishing defamatory libel concerning Lily Dalziell, a Catholic sister ill the Wanganui Convent, was Pr«prred against Letitia Jane Hood in th© Magistrate's Court yesterday afternoon. Mr. D.'G. A. Cooper, S.M., was on the Bench. Mr. P. J. O'Rcgan' appeared for tho informant. . Accused was not represented by counsel. "Are these proceedings to go on?" inquired the Magistrate of accused prior to the opening of the case. Accused replied that she "did not kjiow."

Mr. O'Regan said that the proceedings must go on. The libel was so grave that it would not be right to accept an apology.

In opening tho case, Mr. O'Regan said the information had been laid under Secti6n 231 of the, Crimes Act, 1908, and concerned defamatory letters received by the Catholic priesthood, which letters were signed "Gordon Andrew Martin." Accused had already- been before the Court in respect to the same letters .and she was then convioted on three charges' of breaches of the Post and Telegraph Act. The pvesent proceedings were imperative as for over three years past these slanders had been in currency.

Referring to the contents of the letters, counsel said that,"no person but one steopod in depravity could have written them."

Evidence was given by members of the Catholic clergy as to the letters being rcccived. and as to their libellous contents,

Deteetivo Mason gave evidence as to having visited accused on June 11 and of her having admitted writing' the letters (produced). Accitscd said that the contents of the letters were' true, and that sho was prepared to provo tliem.

Tho Rot. Father Holly,-parish priest at Wangamii, said that ho had heard the slanders mentioned in the letters from different people for the last two or three years. A few days ago complainant had received from defendant a letter purporting to be an apology, but which really added insult to injury. Accompanying this letter was a- copy of "Maria Monk," addressed in a different stylo of writing to the Mother Superior.

This concluded the evidence for the prosecution. Accused gave evidence tlwt she \vftG not, in Ntuv Sjpuluiui Hiitfl after February" 15,101.1.. Theiefprp fibft.

could not possibly bo tlio originator of the slander.

To Mr. O'Regan: Witness wrote the letters in question as sho was "illspired by a lofty public spirit." Counsel: Why did you write under a false name?

Witness: For my own protection

At the conclusion of her ovidcncc accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was fixed at £100, with two sureties of £50.

Acoused said she did 1 not think bail would be forthcoming.

'A VARIED LIST OF CHARGES. The hearing of tho charges against a man in uniform named Harold Harling Howell (alias T. Fenthorp, T H. Simpson, Ba'ssott, and Thos. H. Woodcock) was continued. Accused had' the following charges to answer: (1) Obtaining goods valued at £6 Bs. at Feilding by means of a valueless cheque; (2) forging tho name of J-. King to a cheque drawn on the National Bank of New_Zealand, Feilding, for £16 95., and causing Thomas M'Guire to act on it as though genuine; (3) obtaining goods valued at £10 7s. from Nicholas Grenier, New Plymouth, by means of false pretences; (4) obtaining goods valued at £5 17s. from John Valentine Shields at Eltham by means of false pretences; (5) obtaining two bottles, of whisky valued at lis., and £4 7s. in cash, from Thomas Stephen M'Guire, by means of a valueless cheque; (6) on July 8, stealing a lady's overcoat valued at £3.

On charges 1, 3, and 4 accused was remanded to appear at New Plymouth on July 23, and on the second charge committed to the Supreme Court for trial. In respect to tho fifth charge no evidence was offered, while on the final charge accused was remanded to July 28 on the application of ChiefDetoctive Boddam.

ALLEGED FRAUD. Two men, Andrew. Joseph Wilson and James Hassall, were charged with conspiring on May 22 at Greymouth ivitli somo person unknown at Wellington to defraud one Phillip Byrjio of £9. ChiefDetective Boddam prosecuted. Mr. H. F. Q'LeaTy appeared for Wilson, and Mr. P. W. Jackson for Hassall. Tho evidence, which was only partly heard, showed that the accused carried 011 negotiations with Byrne, per medium of telegrams, regarding certain race meetings, and that during these transactions that the alleged offence took place. After an amount of technical evidence was given the case was adjourned till to-morrow.

OTHER CASES. A' charge of assaulting a returned trooper William Shaw, so a? to eauso him actual bodily harm, was preferred against William Harvey, who was remanded to to-day. Bail was allowed in £50.

William-Thorn was remanded to July 28 on a charge of forging tho name of Thomas Harris at Greytowh oii May 8 to a cheque, for £6 125., and uttering the sanw to Alexander Murray, draper, and obtaining goods to the valuo of £6 12s. in cash. Bail was allowed in £25.

Julius Lamberg, who was found drunk" while in charge of - a horse in Tasrnan Street, was fined ,205., with an option of three days' imprisonment, Robert Burrell was remanded to appear at Hamilton 011 July 23,. on a charge of failing to provide-his .wife with adequate maintenance'. " ' ,

For drankenness, Allen M'Pheo was fined 205., in default three days imprisonment. Two first-offending inebriates wcro convicted'and discharged.