RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2525, 21 March 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

Tins Day,

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

CHARGE OF LIBER Regina v. Barton. Second Information. — The examination of witnesses for the prosecution was continued this morning C. P. D. O’Toole, collector of Customs at the Bluff remembered the Gothenburg’s arrival at the Bluff on the 29th September. His instructions, received in writing from the Secretary of Customs through the Collector of Customs at Invercargill under date sth September, directed him to obtain the chief items of English news on arrival of the. mail and to transmit them to the Government. On the arrival of the Gothenburg, be went on board, and asked Captain Pearce for information, and compiled the telegram produced. (The telegram appeared in the Wdliny lon Independmi.) In the fir.-.t instance he asked Captain. Pearce for the latest Melbourne paper, and received the second edition of the Melbourne Arynx ; on looking over which he observed that a third edition was tp be issued. Ho remarked to the captain that he should like the latest informat on, when he jcplied that he only knew the coni cuts of the third edition through having read the telegram of Mr Ni.chol, agent for the Press Association, who bad read it to him, or allowed him to read it. Captain Pearce stated that France had been declared a republic, and added some other items which he did not recollect. The whole of the telegram, with that exception, was obtained from the second edition of the A ryu*. He added “Still more astounding information arrived for newspaper ” in order that the Government might look out for the latest news. By the expression “from information not directly obtainable ” be meant not obtainable from a paper but from a special source. Ho went to the telegraph office at nine o’clock in the morning. JSot being acquainted with the rules of the telegraph department, he could not say whether it was irregular f o give precedence to government telegrams. He could i not recollect where he first saw the captain, i but he thought it was in his cabin. In cross-examination by Mr Cook the witness said be saw no telegram whatever, and had no conversation with the telegraphist on the subject. His instructions had not been modified by the Government since September 5 th. C. A. Tipping, telegraphic operator and postmaster at the Bluff: The Gothenburg anived between 10 and 11 o’clock on the night of the 29th September. The telegraph office closed at 5 o’clock. He went onboard shortly after her arrival in order, as postmaster, to secure tlie mails for Campbeltown and any loose letters the purser might have. There was one from Mr Hutton, addressed to “The Wellinyton Independent, care of the operator at Bluff Harbor.” It contained a : telegram of English and Colonial news. Mr Haggitt said Mr Lubecki had received a subpoena to produce certain telegrams. He bad some doubt about bis duty in that respect, for hi- instructions from Mr Lemo.j were that he should not produce them ex- ; copt in obedience to a judge’s order. But as those regulations were merely departmental, the judge could not interfere, and he submitted that if directed to do so by the Court, ■ Mr Lubecki was bound to produce them. His Worship decided the telegrams must be produced, and they were put in evidence, numbered I to G. The witness received additional informal iou which he appended, from the purser, which was contained in the two sheets of blue paper produced and numbered 7 and S. After receiving the looselettcisfrom the purser, he was leaving the cabin when he asked him (the witness) if he would send those few items of news to which he consented. The purser did not mention any person to whom they were tp be sent, but he sent them to the Wellim/lon Independent as part of the telegram, so that the whole would reach the paper under the signature “Hutton.” The Press Association’s telegram was forwarded first. In looking over the message he saw the same intelligence in both telegrams. 'The Prens telegram was received ou the morning of the 30th. It would not have been fair to the agents of the Press Association to forward the other telegrams first, because he got on board the vessel before the office was opened. He telegraphed 200 words alternately to the Press Association, and the Wellington Independent, beginning with the Press Association. Part was sent to Dunedin and part to White’s Bay. The papers produced were copies of the message transmitted from the Bluff to White’s Bay for the Independent.

The first message transmitted by telegraph was the news given by Mr O’Toole. He received instructions fiO’-n Mr Lemon the General Manager, to forward the Government message the first. In cross-examina-tion by Mr Cook, the witness said he was not aware that transmitting 200 words at a time ofEngiish telegrams, was a violation of the telegraphic regulations, lent h>s orders to do that were received from Mr Lemon. The defendant was remanded to Monday. The case of Macandrew v. Lick, was adjourned to Tuesday next. Wo are obliged to hold over the report of the case Regina v. M'Leod, which was further adjourned till Tuesday next.