“LAMBING-DOWN” CASE.

Gisborne Times, Volume XXVI, Issue 2288, 5 September 1908, Page 2

“LAMBING-DOWN” CASE.

INDIGNATION OF LOCAL LICENSED VICTUALLERS. INTERESTING CORRESPONDENCE. In the “Times” of Thursday, August 27, tho following paragraph was published in the local column:

A local station-owner called /at this office yesterday to give particulars of a “lambing-down” case, lie states that a man employed as a fencer oil his run came into town a fortnight ago on his way to Auckland for fleet week. Ho had a wages cheque for £37, as well us £7 10s which he obtained by selling his horse, and after an abeeneo of a little over a week he landed back at his employer’s run with un empty pocket, and suffering from a severe attack of delirium tremens. His statement is that lie got his cheque cashed by a Gisborne hotel-keeper, who guvo 'him no money in return but simply permitted him to get drunk. When lie bad been drinking for a few days the landlord sent a man with him to a local clothing establishment, where lie was fitted out with a cheap ready-made suit. After a drinking bout of five or six days he was taken to tho lockup, but on being applied to, the landlord paid the £1 necessary to bail 1 him out. A few days later ho was told by the publican that all his money was gone, and he had better get off home. So he missed Auckland and the fleet, lost over £4O in cash, and seriously jeopardised his life as the result of a foolish drunken spree.

The paragraph caused a considerable amount of interest locally, and we have since been asked to give publicity to tho following correspondence which passed between tins pffice and Messrs Rees Bros, and Bright, solicitors for the Licensed Victuallers, Association:

To — , _~J The Manager and the Editor, Gisborne Times Coy., Ltd., Gisborne. ■ ... Dear Sir.—An objectionablo and libellous, paragraph appeared in the “local”, columns of tho the issue of “Tho Gisborne Times,” on Thursday, August 27tli inst., having reference to an alleged case of “lambing-down by a Gisborne liotel-keeper. We are instructed by all the Gisborne hotelkeepers to request you that you notify tho nameof the hotel-keeper who isireferred to by such paragraph. Unless and until the individual who has been alleged to be guilty of such conduct is publicly named eaeli and every one of the licensed publicans in Gisborne may and will bo under suspicion. We shall be pleased to receive an answer to this letter not later than 3 p.m. to-day. Upon receipt of the information we will communicate with you further. Yours truly, REES BROS, and BRIGHT. Gisborne, August 28th, 1908.

Messrs Rees Bros., and Bright, Solicitors. Dear Sirs, —Referring to your letter of this date, I have the permission of the gentleman who supplied the. information upon tlie paragraph in question to divulge liis name in connection therewith. From him your clients should have no difficulty in obtaining any further information you desire. The gentleman in question is Mr G. J. Black, of Kaiti. Yours trulv. T. CLARKSON. Managing-Editor. Gisborne, August 28.

To— Tho Manager and the Editor, Gisborne Times Coy., Ltd., Gisborne.

Sir, —We are in receipt of your letter of the 28th ult., which, however, does not answer ours of that date. We have been instructed to demand from you a full and ample apology to each and every one of the eijpit publicans of Gisborne for the publication by you of the false and Libellous paragraph referred to in our former letter. } The form of apology and nature of its publication must first be approved to us. Unless we receive your- assent some time to-day such proceedings as may bo deemed advisable by the parties-injured will be taken without further notice. Yours truly, REES BROS, and BRIGHT. Gisborne, Sept. 2. Messrs Rees Bi-os. and Bright, Solicitors. Dear Sirs, —I much regret being unable to comply with the request made by you ill your memo of yesterday. I remain Yours faithfully. T. CLARKSON. „ Managing-Editor. Gisborne, Spetember 3.

To— The_ Manager and the Editor, Gisborne Times Coy.. Ltd., Gisborne.

Sir, We have to acknowledge the receipt of your letter of the 3rd instant in which you express regret that you are unable to comply with the request made in our letter of the 2nd nist. You had already, on August 28th, practically declined to notify to us the name of the hotelkeeper referred to in your paragraph of the 2ith ultimo.

The matter now stands as follows: : —Ou the 27th. of August you published a most serious charge against a Gisborne hotelkeeper, a charge which, if proved, would not only reflect disgrace upon such hotelkeeper, but render him liable to punishment. No indication was given by you as to the identity of the publican. It might refer to any one of the eight holders of a publican’s license in this town. Wc were authorised by each holder of a license to demand from you the name of the hotelkeeper referred to, which we did ou the day after that on whiclx the paragraph was published. To that request you refused to accede,, but in lieu thereof you informed us that the author of the statement'was Air G. J. Black, of Ivaiti, and that probably we could obtain any information we required from that gentleman. No information which Mr Black could give would avail our clients individually unless you promised to insert the name if Air Black divulged it, and then not at the request of our clients, but on your own responsibility. On the second of September we wrote demanding an apology for t-lie publication of the false and libellous -paragraph referred to, and on the 3rd.“you 'answered stating your regret that you could not comply with the .request. The facts prove:—l. That you have made a most serious charge against a publican in Gisborne without in any way indicating the person referred to. 2. That you have refused to divulge the name of the person you have accused, thus’ leaving the charge directed against each individual licensee in this town. 3. That while knowing the name of the person you accuse you refuse to apologise to those who are injuriously affected by your, published statement and who, to your knowledge, are not the objects of the charges you make. Your refusal Ac ixbnt out the individual referred to must proceed from fear of proceedings being taken by that individual against the “Gisborne Times Company.” As you are awaro and have probably been advised it is safe, although dishonorable, to libel a class of individual by the allegation that one of their liumliqp (without indicating the one) has been guilty of crime or of misconduct. You might just as well say that one minister of religion, or one member of the medical profession or one lawyer, or one merchant, or one trademan in the place was guilty of immoral or dishonest or illegal conduct, and thus indirectly impeach the rectitude of tlio whole community without fear of the consequences. You therefore place our different, clients in a position in which you have no right to place them, and leave each open to the imputation of misconduct while you know that only one is accused. Under these circumstances you compel our., different clients to take steps to clear themselves from imputations made by you with the knowledge that they are untrue. Your insinuations are more dangerous than open accusation and render it

imperative that each publican in this town should take such individual action as he may be advised, as it is impossible that tho holder of a publican’s licenso can sit quietly and allow liis character to be destroyed. In case you might have understood that tho letter of the 2nd inst., demanding an apology for all the publicans in Gisborne, referred to them collectively, we now demand, on behalf of each individual, a letter of apology definitely stating that the statements contained in the paragraph in Question do not refer to such individual. We request that this letter may be published in your columns so that tho public of Gisborne may be. made fully aware of the circumstances. Yours truly, REES BROS, and BRIGHT. Gisborne, Sexit. 4.