SUPREME COURT.

Evening Star, Volume VIII, Issue 2402, 13 December 1870, Page 2

SUPREME COURT.

This Day. (Before Mr Justice Chapman.) sum-m STEALING. Richard Bellows and James Belli, convicted of sheen Mealing, were each sentenced to five years’ penal servitude. ACTION TOR I. I:; ■; I, AGAINST A PROVINCIAL ( U NCILLOU. M'Kiu.lak v. B--.o\v.v,--?dr Maeassey appeared for the. )>iai: 11 iif, John .M.’Kellar, runholder ; and Mr Barton for the defendant, James Clark jeanvii. The dedarati- n alleged that at the time of the commission of the grievances complained of the plaintiff was a runliolder residing at Tapanui, and ns such nmlmlder caused a memorial, to he sent to the Provincial (fovernment from liimsclf and divers other persons residing in the district, praying that his (M'Kcllar’s) run might not he declared into Hundreds; and among the persons who signed the memorial was one William M'Eellan, of Tapanui, settler. On the 16th December last the defendant, in order to make it appear that M‘Lallan's signature had been obtained by base and unworthy means, falsely and maliciously wrote and published the following William Pinkerton was induced to sign the petition against M'Kcllar's run being declared into Hundreds from the fact that he was offered a team of bullocks on long credit by Mr M'Kellar, who took the petition round himself,” meaning thereby that M‘Lallan’s signature was obtained upon the faith of that arrangement. The pleas alleged that the defendant was not guilty, and denied all the material allegations in the declaration.

M r Alacasscy stated the [facts of the case as follows :—ln the month of December la-t a conversation took place between the defendant and Mr W. H Reynolds and during the course of the conversation the defendant deliberately charged the plaintiff with having bribed Al‘Lallan to sign the petition. Air Ueynolds 1 icing a connection by marriage of the plain till', hearing that some- ; what grave charge made by the defendant ■ against ADKellar, required that the defendant should place the charge in writing, in ; order that it might he answered or explained ' by M'Kellar. Air Brown, at Mr Reynold’s - request, thereupon signed the statements, ’ which gave rise to the present action. At ' the time they were made, the Provincial Council was engaged in considering that pe- ’ tition, and some others submitted for its 1 consideration by settlers in the Tapanui district. He need hardiy sav that if the stateI ments were true, or could for a moment ■ have been believed by members of the Provincial Council, it would follow that the genuineness of the petition would be altogether ridiculed.—After pointing out the possibility of it being contended that the communications complained of wore privileged ones, and showing iiow he intended to meet the contention, the learned counsel stated that the plaintiff took an early opportunity of bringing the defendant to hook. On the loth February last he (Mr Alacasscy) wrote to the defendant to the effect that he had been consulted by Mr ADKellar with regard to the statements made by him (Brown) on the previous December, when he had stated that Mr M‘/Cellar bad obtained M‘Lallan’s signature to the petition by a bribe, and be stated further that “ Air Driver had induced the Superintendent to reduce the 8000 acres to 4000 acres for sale on his run; that Driver had the Superintendent in ins power, and could do with him as he liked.” He (Mr Alacasscy) in denying that there was any truth in the imputations made on Air ADKcllar, said his client was in possession of statutory declarations by M'Kellar and Alountncy, in which they asserted the entire falsity of the statements. The letter concluded with a demand for a public apology, failing which criminal or civil proceedings, as might he advised, would be instituted. That letter produced no response, and eventually the action was commenced in order that it might be determined by a jury whether there was the slightest tittle of truth in the accusations made against the plaintiff. Some time after the action was commenced, the plaintiff’s solicitor offered to withdraw it on an apology being tendered, and the costs then incurred (comparatively trilling) paid. As showing malice on the part of the defendant, Mr Alacasscy referred to a furtlur statement by the defendant in regard to Mr Driver, and the intention of the former to put forward a plea of justification, but which lie had not done, because he felt himself ‘‘at perfect liberty, as the record now stands, to substantiate the truth of the ■ accusations.” 'l’lie Lamed counsel concluded by calling on the jury, if satisfied with the plaintiff’s "ease, to award him substantial damages in order to make it a severe lesson to the defendent. The following evidence was given : AVilliam Hunter Reynold said, in December last, ho overheard the defendant making some statements in regard to Air ADKellar. Ho cautioned him against such very grave charges, unless lie was able to substantiate them, lie said he was prepared to do so, and at witness’ request, wrote the statement dated December Kith. —[The state-' ment referred to is given in the declaration.] —This took place in ordinary conversation, and not in debate. It was in the forenoonsome time before the (,'ouncii met. On the 2.‘!rd December defendant, at witness’ request, wrote the following—“ Air John ADKellar in a conversation with Mr Ocorge Alountney respecting the survey or sale of the Tapanui run, said, Driver had induced the Superintendent to reduce the eight thousand acres to four thousand acres for sale on his run ; that Driver had the Superintendent in his power, and Driver could do with the Superintendent as lie liked, as Driver bad money. The above conversation was repeated to me on March 12th, 18(13, the day after ADKellar made the statement as above, 1 believe in the presence of a third party.” In erosS-exainination witness said defendant might have said, “ ADLellan told me ADKellar said,” fee.. Never told Air Alain that ADKellar had boon picked out to prosecute; nor that, of Driver, Alacandrew, and. ADKellar, who had been chosen to prosecute, the latter was selected. Had heard it stated in the street that Driver was going to prosecute. Mr Barton : Are you not fond of getting up these little attacks upon mein- ■ hers holding opposite opinions to your own ? Witness : i am astonished at your asking ‘ such a question. 1. answer Certainly not; and I defy anyone to say that 1 ever did. ( Mr Barton : Did you not get a statutory . declaration from Air Vaierson, a barber, about something Mr J. L. Bradshaw once said while being shaved, in order to get up [ an action against him?—(Laughter.) Wit* .

ness : I don’t remember anything about it; but I was no party to anything of the sort. George Mountnoy, settler, Tapanui, deposed to having a conversation with Mr Brown at Tuapeka in August or September last. brown asked witness how many bullocks he got from M'Kellar to sign the petition. Witness replied lie had given him none. He then put a similar ipicstion in regar 1 to M‘l,cl!an, an I witness gave him a similar answer, telling him that the sale of the, bullocks by klMvi’llar to M‘Lcllnn took place after the signing of the petition, and tint lie (witness) was present when the sale was made.

Henry Ethridge, carpenter, "’as at Tapamii when M ! L Han signed the petition, and saw him sign it. He signed it voluntarily, and no arrangement about a team of bullocks was even hinted at. John M'Kellar said the sale of the bullocks was a, Itniiajhk one. M'Lellau gave a bill for LKiO, the amount of the purchase money, which was dishonored. Witness now hold a mortgage over MdLellan’s properly to secure payment of that bill. The case bad not concluded at half-past four o’clock.