RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2506, 27 February 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) 7'UK TELEGRAM LIBEL CASE. Regina v. Barton—Tlie hearing of the witnesses for the defence was resumed this morning. John Hay, again called and examined by Mr Maeassey ; I received no information from any member of the Government, with the exception of a memorandum already mentioned, for publication iu the Independent newspaper. The article in that paper of the loth October was written by me. (Mr Maeassey referre I to certain passages in the Independent.) I could not say whether the proprietor, Mr Mackenzie, received information from the Government. The extra now produced is inform'd on supplied to the Independent by Mr Gisborne, on Friday, September 30. It was supplied prior to receipt of our own telegram, which I think came to hand about 2 o’c’oek. It was received about 10.30 in the morning. I remember Mr Gisborne writing to the Press that he supposed the only fault he had committed was not supplying" the other Wellington papers with the information. I did not compare the printed copy of the telegram produced with the telegram itself, but I believe it to be a true cony. I do not understand the words Memo, from information not directly attainable, France is proclaimed a Republic. More astounding news published iu the newspnpffs,” I made no request to Mr Gisborne for this communication. The se r cond extra, published on the 3Qth September by the Wellington Inpependent was received in the usual way from our Melbourne agent, Mr Hutton. A summary of English and Australian news was published in the Independent of October 1. The extra of the 7 hj October oyas published on the arrival of the mail at Hokitika. On comparing the two summaries received by the Gothenburg at the Bluff and the news from Hokitika, there are many items of identical news. Mr Hutton is not in the habit of repeating news once telegraphed. The summary produced i? that published by the Otq.go Daily Times of news published by the English mail. In it is “ very latest telegram,” and dated London, September 5, did not appear iu the extra published by the Wellington Independent on the afternoon of 3rd September ; but substantially it appeared in the Independent on tbc Ist October. The latest telegraphic news was received by tbc Independent from its agent, Mr Hutton. I did and do intend it to ho understood from the article of October 27th that it was not true that the only telegraphic summary containing the lat.est English news was taken on board the Gothenburg at Qucenscliff, and was the exclusive property of the Otago Daily Times. I refer to the telegram signed Hutton, .containing the intelligence respecting Napplcon a prisoner, &c. The telegram signed Hutton contained the latest intelligence, although I have learned since that Mr Hutton himself was unacquainted with it. I swear that the telegram signed Hutton does contain intelligence dated “London, Sept. sth,” received 30th September. The English and Australian summary which appeared on the Ist October, was compiled partly from a telegram signed Hutton, and partly from a telegram signed livening Star, transmitted from Dnnedin. The two telegrams M erc before my mind when 1 wrote the articles. I have not during the controversy on this subject acknowledged 1 received telegrams from the livening Star. The particulars from the Star were unimportant. I did notknowfromwhora the inf rmation ivas derived for many \yeeki afterward The paragraph inserted in the Independent of October 6th, denying that the Government derived its information from

the Press Association telegrams, was conu mnnicate I by Mr Gisborne. Cross-examined by Smith : I have only seen the copy of the telegram signed Hutton substantially the extras published by the hale pendent contain the same information as appenred in the Daily Times. Mr Mailler, purser of the Gotlienburgh, said he forwarded the telegram signed Huttou to the Independent. Hutton gave open telegram to Mr Mailler, with instructions to add any intelligence. I heard that from Mr Mailler. He went to the Ary us office and learned the contents of the third edition before printed. This he took in his own handwriting on the telegraphic message transmitted to the Independent The conversation took place in the Independent office five or six weeks afterwards.

A. D. Lubccki, officer-in-charge of the Dunedin Telegraph Station, exuni ed : On Mr Macassey asking whether Press telegrams were delivered in sections of 200 words or more. Mr Smith objected, as it was irrelevant. It was ruled the answer might be given. The Press telegrams since about 20:h September, on arrival of the English mail, was delivered in portions of about 200 words. Before that time the whole message was delivered in the order in which they were received. To the knowledge of the witness no fresh regulations had been issued since th .se of September 20th, 1869. As far as ho remembered, there was only one Press Telegram received on that occasion. It was for the Daily Times He remembered Mr Stafford’s speech at Timaru being telegraphed to the Daily Times, on the 21st April, 1870. The copy of the.telegram was not forwarded to Mr Fox. He never stated it was to Mr Barton It would be possible to transmit it from Timaru without repeating it to Wellington ; but it would require repeating at White’s Bay, the transmitting station for Wellington. On no occasion had ho furnished the Government with copies of Press telegrams, To his knowledge there wore no instructions on that point Since the discussion of the telegraph question iu the Daily Times, the stations wore not attended all night on an English mail being expected i nloss Government messages were marked “ urgent,” they do not take precedence of Pr.-ss messages. On September 30th a “memo.” was from the Bluff to so ue memb r of the Government, before the English Press Intelligence was transmitted since 30th September iu regard to the order of time of transmission of Press messages by tlie English mad. Mr Stafford’s speech was telegraphed to Wellington at. the same time it was telegraphed to Dunedin. It was telegraph dto Mr Gisborne In cross-examination by Mr Smith, the witness said previously to the discuss.on of the question in the Daily Times, if the mail was signalled before the otlice closed, the operators remained iu the office until its arrival since that time the olhcers commence watching until the vessel arrives Before the Press Association was formed, the Government supplied the press at a certain ra' e per annum. They ceased to supply it on the 31st Ju'y. Ha had received instructions on the 20th September, intimating that only 200 words were to be transmitted at one time.

(Left sitting )