RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2507, 28 February 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

Yesterday.

(Before A. C. Strode, Esq., R.M.)

THE telegram: libel case,

W. Gisborne, Colonial Secretary, examined by Mr Macassey : [Mr Macasscy asked the witness whether the free pardon extended to Muston was the first instance of the kind in the witness’s knowledge ? The question was objected to and oveiruled.] The question was, however, put in the depositions. He had known many cases of promises of pardons to accessories, in the event of their evidence tending to summary conviction, but did not recollect one of a pardon being presented in Court in anticipation of a conviction. The pardons, as far as he knew, were sent down with the names filled in by the At-toraey-Gcn ml. He coantersignel one as a witness to its being completed since he arrived here. Ho was not aware of any reiteration of cb n-gcs similar to those male by the Daily T>me.\ Pcp-rs re-pub"ished those charges as extracts from the Du lj Times. No criminal proceedings had been taken acainst the Preninq Post or the Press. The Otago Da'lp Times had throughout opposed the views of the Ministry—the others mentioned had also done so. To his knowledge he was not aware that Mr Vogel was once editor of the Daily Times. He believed he was, but did not know bow he left that paper. He had seen the report of Mr Vogel’s speech. He was not aware that the term ‘ double-dyed scoundrel ” bad been applied to Mr Barton, but to the correspondent of the Times, who boasted he could get at any ministerial secrets. He knew Air Haleombc. There was no arrangement between Mr Haicombe and the Government, by which messages to and from Auckland for the Independent were transmitted free of charge ; neither wgs there such an a’-range-men b that the messages should be transmitted free on consideration of the Government receiving copies of the Indepen tent's messages. He believed some such proposal was made, but the Government refused to accede to it. If Mr Haicombe stated such an arrangement was made, he stated what was incorrect. Ho did not see a telegraphic copy of Mr Stafford's speech at Tiraaru until the afternoon of the 22nd of April, The Times published a supplement containing a report of that speech on the morning of the 22ad. He was Acting Commissioner of Telegraphs at that (hue; and on the day Mr Stafford was to speak—the 21st—the General Manager came to Jiim, aud informed him that the Times was to have two reporters at Timaru ; that they wished tho Telegraph Office to be kept open all night, in order that the speech might bo published in next morning’s issue It is usual to charge double rates when the office is opened at night, and the General Manager asked him if single rates sho Id be charged. He authorised the keeping open of the office and the charging of single rates When tho Government ceased to supply European mail telegrarps, messages forwarded by steamer w re only looked upon as private telegrams, and they fell back on the old regulation of messages in portions of 200 words, according to clause 5. Priority was given to mail telegrams when the Government forwarded them, but when the Government ceased to dp so it was considered the clause no Ipnger applied. He believed it v/aa Mr Mali’s arrangement. When tho Government sent mail telegrams it gave priority to telegrams supplied by newspapers themselves. When that system ceased they were no longer Government telegrams. He believed the [extra supplied by him to the Wellington Tndvpe.ndent was word for word as ho received. He did not understand the meaning of the two last paragraphs at tho time. At the request of the proprietor of the Independent ho furnished him with the principal items of news as trail, mitted by O’Toole, collector of Customs at the Bluff. He was under the impression that it was extracted from newspapers or perhaps partly from conversation. No copy was turpp-iicd to any other paper. The collectors of Customs i.fld instructions to go on board, aud collect aud trau9ous information

to the Commissioner of Customs. The whole gravamen of the charge was that the Government had violated the secrecy of the department by communicating to an officer of the Government information derived from the telegrams of the Press Association. In after correspondence with the Collector of Customs at the Bluff, ho believed part of the information given by the captain was derived from a press telegram. Homo items in the first extra published by the Wellington Independent were identical with items published in the Daily Times. The case was adjourned to Thursday.