STEAD v “OTAGO DAILY TIMES” COMPANY LIMITED.

Globe, Volume XXII, Issue 1908, 6 April 1880, Page 3

STEAD v “OTAGO DAILY TIMES” COMPANY LIMITED.

The following appeared in this morning’s edition of the “ Press ” : TO THE EDITOE OF THE FEBB3. Sie, —As the details of the above case have somewhat attracted public attention, perhaps the publication of the following letters will be read with some interest. They explain how it came to pass that the proceedings in the Resident Magistrate’s Court were not followed this morning before the Grand Jury. I am, Ac., Geo. G. Stead. April sth, 1880. To Messrs Wynn Williams and Deacon, Solicitors, Hereford street. Dear Sirs, —I have considered the article in the “ Otago Witness” reflecting on Mr Stead’s conduct as owner of the horse Longlands, and I think it is libellous. I do not think it is necessary to go to Dunedin to prosecute the writer, us the sale of the paper in the shops of newsvendors in Christchurch is a sufficient publication here to enable the case to be tried here.—Yours truly, T. I. JOYNT. February 12th, 18S0. Messrs Wynn Williams and Deacon, solicitors, Christchurch. Dear Sira Stead v Otago ” Witness ” Company—l have considered this matter, and am of opinion that; a criminal prosecution for libel will lie against the directors of the company.—Yours truly, v 1 T. I. Joynx. March Oth, 1880. Messrs Wynn Williams and Deacon, solicitors, Christchurch. Dear Sirs —Regina v Fenwick —I have considered very carefully the case of Regina v ; Holbrook, to which I drew your attention by telegram from Dunedin sometime since, and I . am still strongly of opinion that unless you ! can prove that Mr Fenwick sanctioned the . publication, by the editor, of the offensive

article, you cannot hold him criminally liable for its publication. If the fact is, as I believe it to be, that Mr Fenwick did not know of tiie writing or publication of the article until ho saw it in print, I think the prosecution must fail, and therefore I think it advisable to withdraw it.—Yours truly, T. I. JOXNT. April 2nd, 1880. Q-. Q-. Stead, Esq. Dear Sir, —Wo have just received letter from Mr Joynt, stating he must now advise that in the case against Mr Fenwick the prosecution would fail, on the authority of Regina v Holbrook. Of course, under the circumstances we, as solicitors only, in this case cannot undertake the responsibility of preferring the indictment against Mr Fenwick, It will be necessary, therefore, to telegraph to Mr Fenwick at once that the prosecution will be abandoned. It is impassible, after the opinion of counsel, for us as solicitors to take any proceedings. We regret very much that Mr Joynt had not advised to this effect earlier, but ns matters have turned out there is no help for it. Yours, &c., Wynn Williams and Deacon, Per W. H. Spackman. April 2nd, 1880.