RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2530, 27 March 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

Ims Day. (Before A. C. Strode, Esq., K.M.) REGINA V. BARTON. This case was resumed this morning. Mr Haggitt, with him Mr Smith, for the prosecution ; and Mr Macftssey for the defence. For the defence, Francis Gifford, editor of the WeJbpgtpn Kccnhiij Pod, examined : He remembered the arrival of the mail steamer at Hokitika on the evening of the Bth September, and received the telegram the next morning. It

was marked on the telegram as having been banded in for transmission at, 10 15. The telegram was dcstroye 1. Having heard of the arrival of the steamer, he went to the Telegraph Oflicc at Wellington, and told Mr Smith (he beloved), one of the opera ors, to send the mc-'-sace any time during the irahh, as be would have a man waiting at the Commercial Hotel to receive the telegram. On the morning of the 9th an “ Extra.” was published by the Wellington Independent containing English news. One was also published by the Post That of the Independent he believed was out first. The Han:lds Bay Herald of the 9th September contained the same telegram received by the Post. The paper was published at the usual hoar of morning papers, between seven and nine probably. The telegram would require several hours to set it up in type. The Wellington Independent of September 10 contained the same news in different words. The para-, raph stating that the telegram was received at seven o’clock in the morning re erred to the English mail news. The schooner Onehunga tr ded between Wellington an 1 Oamarn at the end of ISOS and during 18 59. She took grain fmm Oam mi to Wellington, and loaded back with timber from the Sound. The master’s name was Walker. He knew Air KeVible, miller, of Wellington. He did not know S. Lemon, of Oamarn, excepting by name. He did not know who acted as agent for the vessel in Wellington in selling the grain and flour imported. Cross-examined by Mr Smith : The man who was kept up to receive the telegram at the Commercial hotel was known by the name of Mac—lie was boots there—a sort of hanger-on, ho believed, kept through charity. No telegrams having cunc during the night, witn-ss went to the Telegraph Office, and received them himself. The telegrams were transmittal from Hokitika by the agent of the Press Association. The office of the limning Pod was c osed before intimation was received of the »■ rival of the telegram, about five o’clock. There is a stationer’s shop in front, in which some one is present generally two hours after the paper is pub lished. 'On the morning of the 9th. witness went to the Commercial hotel about six o’clock and saw Mac walking about. itness went and applied to Mr Smith at the Telegraph office, who told him they li ;d no occasion to have taken the telegram nut 1 the regular hour, as the operators had been working at their own lime. He could not say at whit hour the Hawke's Bag lit'raid was published on the 9th September. lle-examined by Mr Macassoy : The Te’egraph Office opened at 8 o’clock on the morning, excepting on Sundays. The Hawke’-s Bag Herald was a strong ministerial supporter. (Tn reply to Mr Smith) : The Evening Post was a strong ministerial oppofiept. ' James H. Clayton, clerk with Mr Wheeler, was in the employ of the Evening Slip' office, as publisher and collector on the 30th September. He remembered the arrival of the English mail news in Dunedin on th-1 day He forwarded a telegram to the Wellington Independent , containing the nows. The telcgam produced was his writing. It was sent in accordance with a request by the Wellin I ton Independent to scud English news only. He did not sspd a copy of the Daily Times extra. Tfic portion headed “ Latest telegrams, September fish,” was a ,/yr c-s'mik of the Brening Mur extra, not of the Daily '■ Times ext a. It is not correct to say that it was a copy of the Daily Times extra. He yometpbered being spoken tp about an article that appeared in tip Evening Star about tae time that Mr Vog<d was in Dunedin, but not by him nor by Mr Fox, He never said he bad sent a copy of the Daily Times extra. Cross-examined by Mr Haggitt: He believed the Evening Slav received a telegram of English news op. the 30th September. The case was adjourned until Wednesday. Civil Cases. The Dunedin Wat rworks Company v. Jackson —1 Os Od Judgment for the plaintiff with costs. Biair v. Kincaid and Co. was aljourned to Anril 10th, and Butchart v. Mills to the dOth.