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Gisborne Times, Volume IX, Issue 899, 23 May 1903, Page 4

Accused said he had sought the opinions of eminent counsel, and they had informed him that old-fashioned forms of pleas were not allowed now. His Honor could not allow the opinions of outside counsel to be quoted. Accused must argue himself. Accused said the Crown Prosecutor had put the case in the position of the complainant being on trial. He (accused) was on trial, not complainant. The libel ho was charged with was fully covered by the pleas, and the crown had no right to demand his evidence before it was given from the witness box.

His Honor : The Act says pleas must sot forth particular facts. Accused asked for an amendment of the pleas. His Honor said his present opinion was that the pleas were bad, but he had to consider the matter. Ho should ho glad if lie could give accused leave to put in amended pleas, but at present he was not sure whether ho could do so.

Accused asked if they were not allowed if) amend their pleas, and tneir pleas were licid 1,0 he had, would (dial shut. I,hem out from proving the facts ?

His Honor: No doubt it would prevent you from giving evidence. Accused : I don’t think any jury in the universe would convict in such a case. His Honor told accused not to mention the jury. Accused : All 1 have to say is that if that is Hie law it is an outrage on Hie intelligence. iris Honor said lie had to 'bey Hie jaw, and so had accused. Accused said lie wanted a letter fo show that the alleged libel was published for the public good. l-lis Honor said that there -,’as no charge against the writer or against (he police.

Accused said that lie did not want a garbled correspondence put m and would insist on demanding the idler His Honor said he ruled against, it. Accused said that his pleas had teen shut out, and lie did not want his evidence shut nut. His Honor said accused crj’d call for all letters from Hell. Accused said Hie Idler from Hell to .Sergeant Hendry was in Wellington, and could not, lie produced. If he could not get the letter in that lie wanted he would go no fail,her. His Honor said that lie would not ailow the Idler in, tin writer being a total stranger to the pro-

ceedings. He wished accused would leave off his bluster to the crowd, and get on with the ease. Continuing, accused made reference to a constable who, lie said, drank frequently in the hotel.

If is Honor said this was not, evidence, and he hoped the jury would disregard anything attempted to lie brought in that was not evidence. Accused : That might he legal, but it is not equitable. You would send a man to gaol on a technicality. His Honor: Your idea of equity is to do as you like. Accused : That would lie license, not equity. His Honor: Do go on with your ease.

Accused asked the Inspector if the (haractei: of the street was not kept down more hy the people who congregated there from other streets than hy those who lived there? Witness said he was not acquainted with the inhabitants.

Accused: 11. is an extraordinary thing that nobody seems to know anything. I [is Honor said that if accused would ask questions instead c£ making speeches, witnesses might be able to answer. Accused : 1 will have to call the Coroner if your Honor will not let. '.lie evidence come out in any otherway. His Honor : I do not know that i shall let you call the Coroner Accused : I have to get the evi-

dence out. His Honor: You must not say vhat you have to do. Iha c restricted myself more than I should have, I think. You have no right to attempt to bring those statements in. Tlic jury will not he doing their duty if they do not put them out of their uimcfs altogether. It is most scandalous. Your whole tone and manner is extremely insolent. Accused : There is nothing insolent in my manner. f am a man, seeking an honest, impartial trial, and I want evidence which you, by

yout wretched rules of Court, are shutting out. Jiis Honor: It is not for you to say what should go before the jury. It is for me to do that. Accused : 11. is for me, too. His Honor: I have been sitting here a great number of years, and I have had thousands of persons before me, some of them criminals oi the lowest class, hut not one lias behaved so badly as you. Accused : I am not a prisoner. Cali me accused, if you please. iiis Honor: Certainly you are a prisoner from ilie lime you surrendered. You are. accused of a serious crime, and you are faking advantage of that to behave in a most insolent manner.

Accused : Most men who come here are, criminals. lam an innocent man. His Honor : .So you say. When the Court resumed aecusccl referred to an objection which lie had made to a juror when the jury was empanelled. He has since been told that a man now present in Court had heard the juror in question say that ho would like to have the chance to send him (accused) up for 10 years.

His Honor: I cannot deal with that now. Accused : The man to whom the juror spoke is prepared to go in the bos. His Honor : I cannot have witnesses called in reference to the conduct of the jury. Accused : I understand that they were not to speak about the case. His Honor : Yes. Accused : Well, now, Your Honor — His Honor : I am not going to receive any evidence called for the purpose of attacking the jury. Accused : I am not attacking the jury. His Honor: One of them. Accused said this man was a relative of a publican, and be hoped the other members of the jury would watch his conduct. Mr Tole : That is a most insulting remark to make. His Honor : I hope the jury will do their duty. I cannot receive such evidence during the progress of the case. It might be a ground afterwards for attacking the verdict. Accused : Thank you, Your Honor. His Honor: It must not be taken for granted that what you have said is true. I shall assume the other way—that it cannot be proved. Accused: You seem to assume everything the wrong way against me.