YESTERDAY'S TELEGRAMS

Globe, Volume VIII, Issue 1020, 2 October 1877, Page 3

YESTERDAY'S TELEGRAMS

[SPECIAL to “SYDNEY HERALD.”] Sir Andley Coote’s Visit to the Colonies London, September 25. Sir Audley Coote leaves England by the steamship Cuzco to-day. He reports having made arrangements for a duplicate line of telegraphic communication which, he believes, will be satisfactory to the Governments, the People, and the Press. He also reports that he has arranged with wealthy firms for the construction and equipment of light railways in Australia, and that he has partly arranged for a steam service between Perth and Singapore. AUSTEALIAN. Disastrous Fire at Townsville. Sydney, October 1. Arrived—Easby. A disastrous fire occurred at Townsville, Queensland, on Saturday. A number of buildings were destroyed, including the National Bank. The estimated damage is £25,000. INTEEPEOYIN CIAL. [pee peess agency.] Supreme Court Trials. Auckland, October 1. The criminal sessions began this morning. In his charge to the Grand Jury Judge Gillies said that the light calendar of late sessions, and the light character of the offences, as well as the total absence from the list of habitual criminals, seemed to indicate that the class was either routed out or were all in prison. This being so, he could not avoid the reflection that it was highly desirous to keep the offenders apart from other criminals, and so prevent the gaol from being made a hotbed of crime. He was sorry to say that there was no provision for or possibility of such classification in the Auckland gaol, and he should consider it his duty to make representations on the matter to the proper authorities. He hoped that the Grand Jury would aid him, and to enable them to see for themselves, he should direct the sheriff to place carriages at their disposal to visit the gaol. Otherwise, the Judge’s remarks applied to particular cases on the calendar. A large number of shares in the Union Insurance Company were sold to-day at from 9s to lls premium. Wellington, October 1. It is understood that the New Zealand Government have received representations from the Governments of the other colonies to the effect that it is not desirable to continue special war telegrams from their respective Agents-General, and that the New Zealand Government have concurred in this view. The Criminal Sittings at the Supreme Court opened to-day. The cases were—Arson, one ; embezzlement, one; forgery, one ; murder, two ; receiving stolen goods, one; rape, one. William Cook was found guilty of forging an endorsement on a bill, and was sentenced to four months’ imprisonment. Frederick Gillan, charged with a criminal assault upon a little girl at the Upper Hutt, pleaded “ Guiltysentence deferred. In the evidence taken before the Grand Jury, it was stated that he had recently come from the Christchurch Boot Manufactory. The charge of child murder against Mary Leonard Mudgway, and Mary Ann Truman, her mother, occupied the Court for the greater portion of the day, Mr Travers appeared for the defence. The case was not concluded at eight o’clock. There is considerable talk as to members of the House of Eepresentatives being disqualified. The names of the following members are mentioned us likely to come under the Disqualification Act: —Larnach, Bastings, Eeynolds, Whitaker, Lusk, and Burns. Blenheim, October 1. W. J. Dark, charged with consigning property with intent to defraud his creditors, was committed for trial. He was admitted to bail—himself £IOO, and two sureties of £SO each. Dunedin, October 1. The criminal sittings of the Supreme Court commenced this morning. In the course of his address to the Grand Jury, Judge Williams said —There is a libel case which, as you will be aware, has been already before the public, and has formed the subject of discussion elsewhere. You, however, have nothing to do with what has gone before or with any circumstances that hare led to the

prosecution, and should not allow any knowledge you may possess of circumstances to operate to the prejudice of either party. As it comes before the Court, the case is simply a charge made by one private person against another. Frederick Whitaker charges George Jones with libelling him, and an indictment is preferred against the defendant. Your function is to ascertain from the evidence which may be brought before you, and from the construction you may attribute to the alleged libel, whether a prima facie case a ainst the defendant is made out. You have to consider first, whether there is evidence that the defendant published the alleged libel, and you have that in the affidavit of the defendant, in which the defendant admits that he is proprietor and printer of the newspaper in which it appeared. Next you have to consider whether the meanings given by the indictment to various paragraphs of the article are fairly correct; and, lastly, you have to consider whether the article appears to come within the definition of libel. A libel strictly defined is a malicious defamation expressed either in printing or writing, and tending either to blacken the memory of one who is dead or the reputation of one who is alive, and to expose him to public hatred, contempt, or ridicule. At this time of day, however, the principles that the public acts of a public man are liable to be criticised with the utmost severity, and that criticism should go “ scot free,” is fully established. It is recognised as the lesser evil that pain should occasionally be inflicted on individuals, than that the free discussion of public affairs should be jeopardised. The growth of sound and cultivated public opinion will prove a far more efficacious weapon than the arm of the law for putting down coarse and exaggerated abuse. In the present case the alleged libel is not confined to criticisms on the prosecutor’s acts, but it makes certain charges against him. Now, although a public man is liable to be attacked for his public actions, yet he has a right to the protection of the law if charges are made against him affecting his character not only as statesman and politician, but as a man. Considering, therefore, libel from this point of view, does it charge the prosecutor with conduct of which an upright and honourable man should be ashamed, and would the matter charged, if true, affect not only the political reputation of the prosecutor, but lower his personal character in the estimation of good men of all parties ? If it appears to do this, you should find a true bill, whether or not the charges are true. You have not to inquire into, nor have you to ascertain whether, the motives of the defendant in making them, were, in fact, malicious. If charges affect injuriously the character of a prosecutor, the law would infer that they were made maliciously. The Grand Jury returned true bills against the following :—John Gately, rape at Otakia; James McGregor Weir, forgery; James Cheeseman, manslaughter ; Nicholas Harvend and Parizi Santa, cattle stealing; George King and Thomas King, maliciously killing a calf; John Midlen, larceny; Thomas Walter Longuet, embezzlement at Palmerston (six charges) ; Thomas Langston, attempted suicide ; Thos. Jackson, maliciously maining a horse; John Walter Grierson, embezzlement ; Stewart Newton, cutting and wounding.

[FROM THE COREESrONDENTS OF THE PRESS.] Timaru, October 1.

The Customs revenue at this port for September was £1874 8s 9d, as against £1721 13s lOd last year ; for quarter, £5105 2s lOd, as against £5383 4s 4d last year. Mr J. L. Hall re-opened the Theatre Eoyal to-night to a crowded house. He purposes to play here for twelve nights. Dunedin, October 1. The Italian Opera company will bo here much earlier than was anticipated—probably early next month. The Princess .Theatre has already been engaged by Mr De Lias, under whose management they will appear in this colony. There was an exciting scene on Saturday evening near the Queen’s Drive, a woman having a most providential escape from being cut to pieces by a train on the Beach Eailway. She was in the act of crossing the line between the Musselburgh and Beach Stations when the last train from Dunedin approached. This she did not see until it was close upon her. The woman was so startled by its sudden approach that sire did not know whether to go forward or back, and, in her trepidation, she fell across the rail, so that her death appeared inevitable, but a man named Eitchie, who was a few yards behind her, with great presence of mind, rushed forward, seized her dress and dragged her across the line, barely a second before the engine passed over the spot. It is suggested that Eitchie’s daring conduct should be recognised by presenting him with a testimonial. So narrow was the woman’s escape that portions of her clothing were actually torn by the engine. The quarter’s revenue is £89,000, against £82,000 last September. MAGKESTEATES’ COUETS. 0 CHEISTOHUECH. Tuesday, October 2. (Before G. L. Mellish, Esq., E.M.) Miscellaneous. Salavatora Pegazzara, charged with the wilful destruction of a pane of glass at the White Hart Hotel, he was pushed into the window by five or six men, one of whom assaulted his mate with a poker. After hearing evidence, his Worship ordered the accused, a foreigner, to pay the value of glass, £l. Athalie Sophora, mate of Pegazzara, was charged with assaulting the barman of the White Hart Hotel. He was fined 10s. Assaulting and Eesisting the Police. —George Jackson, out on bail, was charged with having been drunk and disorderly, also with assaulting and resisting the police on Sunday morning. Mr Thomas appeared for the accused. Constable Firman said that he arrested the accused about 12 o’clock on Sunday morning, in Colombo street, for being drunk and noisy. He caught him at the back of the neck, and the accused turned upon him, struck at him two or three times, put him down and they were struggling on the ground together when Sergeant Wilson came up and assisted witness. In reply to Mr Thomas witness said that accused was in company with several others ; that he was talking loudly and crying out that he did not care for any “Bobby ” in Christchurch. But that remark had not caused witness to act; witness never considered himself insulted by anything the public said. Witness was perfectly certaii that he never struck accused with his fist, bul ho might have given him a shake or a shove or two, and he was also sure that Sergeant Wilson did not strike the accused with his baton. Constable Brady, watch-homo keeper, said that when accused was brought in oh Sunday mbrning he was

very drunk and violent. Constable Johnson, who had assisted Constable Firman to take Jackson to the station, did not see any blows struck by Firman while taking the man along, but witness might have told Firman not to shake the man. Sergeant Wilson had found Firman and Jackson on the ground, Jackson being drunk, and a stronger man than the con.-table. Witness hit Jackson about the head with his hand in order to make him lei Firman rise, but was perfectly certain that he never used his baton, which was up his sleeve, where he generally carried jib. Two witnesses were called for the defence, one of whom said tuat he had heard the blow struck by Sergeant Wilson. It could not have been inflicted with the hand, as it sounded like wood, and he also heard the rattling of a wooden weapon or instrument on the ground. This witness said there could be no mistake, as, although he was not a Q-ood Templar, he did not take strong drinks and was perfectly sober at the time. The accused said he could get other witneeses if allowed time, and explained that he had not been drunk, only “half-and-half.” He averred that Constable Firman had struck him repeatedly, and that Sergeant Wilson had hit him with his baton. Mr Thomas applied for an adjournment, which was granted till Thursday morning.