SUPREME COURT.

Evening Star, Issue 3493, 4 May 1874, Page 2

SUPREME COURT.

CIVIL SITTINGS. Monday, May 4. (Before Mr._ Justice Chapman and aJSpecial Jury.) , , ALLEGED .LIBEL. . 1 MacasseY'V. Bell. — L'his 'Warn an action brought by Mr James Macassey, barrister at Jaw, to recover from Geurge Bell, propfietoi of the Evening StaE, the sum of LIO.UOO. for au alleged libel on him in that paper. Mr Barton, Mr Haggitt, and Mr W. D. Stewart, appeared for the plaintiff- Mr James Smith, and Mr Stout for the defendant 1 he following were sworn of the jury: Masses A. C. Bcgg (foreman), John'Edmbhd, John Hislopj James Milner, W. S. Douglas, B, J. Walter, Thomas Inglis, R. Paterson, John G. Fildes, G. M. Barr, jas. T., Mackerras, arid Jainiea Curie. The declaration set. out the article complained of. To the allegation of libel the de feudanfc pleads first; not guilty; second, he pleads justification ; and: third, privilege oi' the ground that the cornmenti were honafidt and without malice. To the second plei the plaintiff replies, denying' certain materia allegations therein contained; and to tbt third plea he (jly ads a general denial. The following is the article which appeared in the Star of June 21, 1873, am. which contains the alleged libel: In our issue of the 16th instant : we reprinted rtom the’Arrow Observer’ a translation' of the Chinese Petition against Mr Warden Beetham which was presented to.the Provincial Council last year by Mr James Macassey, thena raember of the Council ; We re-print if to-day, ‘ and with it the so-called translation appended to the petition when presented, which appendix is signed, as a guarantee for its genuine character, py thei presenter.... The two . are worth comparing, It may be useful to recall the circumstances under which this pretended petition was concocted. Moat of:us remember when Mr .-Macassey, after three defeats, endeavored for time to secure a seat in the General Assembly, and selected Queenstown; as the place for effort. Of course he attacked the 1 ress, and the Press gently replied, whereupon «,n information against the ‘Wakatip Mail for libel. This'information Mr Beetham most properly dismjgsed, and from that time Mr Macassey appears, to have become aware of Mr Beetham s shortcomings bfith as: Resident Magistrate and Returning Officer. In the latter capacity he attacked Mr, Beetham oh the hustings, and foiling to make an impression there, wrote to the Colonial Secretary,' stating that he hid sundry charges to bring against him—charges, we may remark, which he never even ■attempted to substantiate. The Chinese Petiturn represents the results of his labors against Mr Beetham as Resident Magistrate, and to this i we must now briefly refer. In the first place, the document in question appears not to be a petition at all, according to tbe true translation. -rt issimpiy a statement that the Chinese have grievances against the Warden : tnat a clever lawyer from Dunedin” to Offered to got Him v reriloVed for'L2oo, Said i LzUdomy to be paidm the eySnt bf his’Yernoval: that the Chinese approve of this proposal, arid that each individual who signs undertakes to pay a certain subscription towards the amount required. This statement,. in. the translation signed by Mr Macassey and presented by him to the Council, is transformed into a petition and all mention of “ the clever lawyer from -Dunedin * and of the guarantee of the L2OO is judiciously omitted. The -case would be sufficiently shady even were thife ithe whole of it £here are further, facts to come: First, the Oommigsjoqefs appointed. by. the Council entirely exonerated Mr Beetham from the changes brought against Kifo 5' secondly, the evidence of an expert' prqyed that the" greater number, of signatures attached "to the petition were written by the same Uaud-r-evidence which accounts for. the foot thatsundry Chinese whose i signatures purported to be, attached to the petition declared to the Commissioners their total ignorance . f the matter; and lastly, Mr Maoassey’s statement to the Council that he had no hand in getting up this petition has been most distinctly contradicted. Taken altogether, the s#air was as discreditable a matter as ever came before the Council. We have, dealt somewhat tenderly l with Mr Macassey in this case on account of his absence We have “ come unto him delicately,” ai Aga» came uhto Samuel, but no doubt he will desire to serve us everi as that Amalekite was treated by the pitiless'seer of Gilgal. Let him, however, receive heedfully the warning contained : m the following American anecdote —A certain Yankee, m the early days of penny postage, was so pertinacious in his lingual applications to a stamp as entirely to direst it of adhesiveness. Being a man of resource, however, he straightaway pinned the stamp to his epistle, and wrote beneath it “ Paid, if the darnt thing will only stick.” Now, we have affixed our stamp to Mr Macassey’s shoulders* as lightly as the case admits of, We should not again have referred to this matter had &(j)t this Chinese petition again cropped up, for *e had miicfi rather bury the remembrance of such things' than keep them continually paraded before the public - mind. But it is a bad thing for a country when such transactions are allowed to fade away from public memory altogether. They are the’only tests by which a true estimate can be formed of

public men. Were it to be overlooked or forgotten, the highminded and generous would be liable to be classed with those who have not displayed those noble qualifications, and thus lose that reputation which all who serve the public should seek to enjoy. Please your favor,— The five Chinese You are the meji we characters written on' trust. We are honest, red paper on.the cover a j "T . Hie English of the book mean —“A ? nid Chinese to be book for the collection brothers. Our coun- of money issued by trymen come from a many who delibotar distance to this rated.” country to try to make a benefit to them- It has always been selves, and wish the heard that the man of English and Chinese all virtue, the Princely to be on the same foot- man, is benevolent and mg ‘ a Z ery ri S h teous. This is bevexed with obis War- lieved by all under i en - In J Que ? Ußfcown ' ‘Heaven. Therefore is . e Warden, does not it necessary for all to give justice to the walk in the great path Chinamen. Every time- of reason, which inthe cases of the China- duces love to all crearaen are not decided tures and compassionby the regulations, ate tenderness. When a tie looks down on nation or family is the Chinamen. The about to flourish, there ■English jump the Chi- are sure to be happy neseclams.andsomeof omens; when either the Europeans assault are about to perish, the Chinese, besides there are sure to be suing them. The War- unlucky omens. Proden does not give jus- sperity and adversity tice to the Chinese, it is the business of na-. oot fines them. The tions and families to Warden is no good for regard as indicative of the Chinamen. They the mind of Heaven, do not know where to We, th eflowery people, ■ go and complain of this have not counted it far Warden. One lawyer to come a thousand ley just come. np_from (3,000) miles, and havDunedm. The China- ing arrived in a strange men complain of every- country in, search of thing to lawyer, about wealth, expected that Warden, This lawyer , Chinese and foreigners y ® rr y ctevcr •he likes would dwell . together the Chinese, and tells in harmony; but at them to tell him every- Queenstown there is thing. The lawyer agreat feelihgof anger, says he will help the indignation, and feOhinese to piit matter sentmeht against the right. W ejpromised to ' Magistrate of that do everything for the place, who is wicked Chinese. He wants and vicious, a violator the Warden to go by of decorum and moral the law. Lawyer pro- propriety, and inmisedto movethe War- troducing : confusion den. Suppose he moves and anarchy into the the Warden (Beetham) relations of life. He it will benefit the oftehj in dealing with Chmese. Every China- : the -Cases of us, the inanfwishes the War- Flowery people, takes den .to be .-moved, them,' but does not Lawyer says, suppose take and use the Royal he moves Warden he laws. He insults us wants L2OO as his fee. though we are persons Lawyer guarantees the ! pf no ability. Perhaps removal of Warden ; a takes our but Warden must be people’s mining claims; . before the perhaps a foreigner, L2OQ is paid. Suppose strong, violent, and Warden Beetham is bad, strikes and injures not removed, no charge us. 4 If we go to law, ' is to be made, and this dog magistrate does money (subscription) to not distinguish and sene given back to sub- parate clearly.' but at scnbers. We think once takes and inflicts the lawyer is honest flues onus, the Flowery and'wishes the China- people. Thus it may men to do what he be seen that this dog'ay»- The meeting for magistate appropriates this book (petition) the fines in the dark; wishes every Chinaman Therefore, oppression, to pay 3s 6d at least; injury, and false acthay can pay more if cusation, have no place they like, vf e shall be where they can give invery glad if this War- formation, and make aen be removed. The complaint or state anyman taking charge is to thing in defence. At try and do the thing this time a blessed properly. means of support is in rnnA ter the the large town (tbit L2CO. (Private name.) may mean the capital ‘ On Wah, alias of New Zealand, per- < nan l®) haps Queenstown, I “ Wong King Mum think the former). A name) great lawyer (this may Kum Yin Tie, olios also mean-a barrister),' (Private name) ■■ who-is‘just and up- “ Low Pink.” right, respects us the r lowery people, as people of original ability/ md our bellies filled with talent. ’ (The Chinese place the sqat of ■ wisdom in the belly.) We have, therefore, taken this affrighting subject, which is causing repining and indignation; and; put it 'in, words to the great -lawyer, whose' mouth was full of promises that he would,- according to the just laws, remove, or have him removed from office for the sake of the people. Immediately we, the Flowery people in this place, seeking: wealth, rejoiced as though we had received ten thousand blessednesses (blessmgs). With him was spoken clearly about the payment of money.- If the lawyer explains' clearly and manages ably this business, so that this magistrate shall not in Queenstown perfrem his functions, then he will receive the money. But if he explains clearly, and the magistrate is not removed from office in Queenstown, he will not touch the snullest amount, but it will be returned to the subscribers. Seeing him thus upright and just, we expect our Flowery . people with the same hearts and minds to unite i their efforts. We, many, deliberated and resolved to send collecting-books’ amongst men from every district (in China),"and fixed the 1 smallest amount of subscriptions receivable At ’3s 6d ; but those who desire to give more have permission to do so according to their hearts; Certainly, if this dog-magistrate is sent away, truly we shall deeply rejoice (or have cause of rejoicing). : 'Letall with sincere hearty make strenuous efforts, and it will advance. 1 ' 1 ‘ ' " I (February 20th.)—Chinese (time), first month, twelfth day commenced, Those who are the treasurers, and will see that, the;-money is disposed of stated, are—j Ye Goon (store name) Kwan Hat (man’s name) Oun Woa (store name) .. . . Wong Kang Moon (man’s name.) (Here follow the subscription list of names and subscriptions of from 3s 6d to L 5). : Mr Barton opened the plaintiff’s case at considerable length, but we are obliged to hold over our report of bis speech, together with the evideuce. - The plaintiff's case closed at 4.10 p. in. , at which hoqr the Court adiourhed till tomorrow. T