Wednesday, June 1.

Grey River Argus, Volume IX, Issue 682, 2 June 1870, Page 2

Wednesday, June 1.

Libel. ■■:. ; : " The adjourned case, Kilgour v. Dale, was called on. Mr Perkins appeared for the prosecution, and Mr Newton for the defence. . Mr Newton applied for a further remand for a week, in order to enable him to obtain important information, for the defence from a. distance, which he at first believed could be found nearer. Mr Perkins opposed the adjournment, because ho had brought witnesses from Hokitika. Any information his friend wantedcould have been obtained by telegraph. He would not throw any obstacle in the way of the defence, but he could not see the justice of another remand being granted, as no grounds had been shown forit. . Mr Newton said it could hardly be expected that he should state what evidence he was endeavoring to obtain. It might be necessary to obtain doouments through the post, and in that case the adjournment was necessary. / ; : : Mr Perkins said that in a week one of his witnesses would be away to Wellington to attend the General Assembly, and he could not be compelled to answer a summons. After further conversation, Mr Perkins said that rather than agree to the adjournment he would open his case, and after the evidence was taken allow, his friend to apply for an adjournment, although it would give him a great advantage. . : : -.- The information was then read, charging William Dale, that on the 18th May, 1870, he did, maliciously and unlawfully, write and publish, or cause to be written and published, a false and defamatory libel against Joseph Kilgour, he knowing the same to be false.. Mr Newton took a preliminary objection to the information because the libel complained of was not set out in it, so as to give the accused an opportunity of taking objection to it. ■ Mr Perkins submitted that it was not necessary, because he would put in the libel itself. The information was drawn in the usual form. The objection was overruled^ Mr Perkins proceeded to open the case, explaining at some length the law of libel, j what constitutes the publication of a libel, and the presumption of malice, r He called ; ■ > Henry Cohen Piranni : lam proprietor, publisher, and editor of the Tomahawk, published in Hokitika. I recollect receiving a letter from William Dale within the week ending the 21st May, addressed to the Editor of the Tomahawk. The envelope is lost. In opening the letter the envelope was thrown down, and could not afterwards be found, although careful search has been made for iiiat The Jiandwriting __of the letter and envelope was the same. Ildoked at *he .envelope when I first got it. It bore tha postmark of Greymouth, and as I had no correspondent there except my agent and his father, it attracted my attention. I opened it, and found the letter now produced. I read it, took it into the printing office and read it to Mr Tilbrook, and subsequently read it, and gave it into the hands of a Mr Edward Harris, who writes for the Tomahawk, for /the purpose of getting some pungent article written on the writer of it. I altered my ' mind, and resolved to take no further notice of it, except as a notice to correspondents. It lay on the table and w,as seen, by several persons, one of whom was Mr John White, and thereby gained a publicity I did not intend it to get. I did not print : it; in the paper, because I would have considered myself disgraced by inserting it. Cross-examined by Mr Newton : I perform all the duties of editor to that paper. I do not consider all communications private and confidential. If for publication, they caa't be private. The notices to correspondents in the Tomahawk have a heading, that all communications addressed to /the Editor will be strictly private. That was put in before my time, but it remains there still. It was standing matter. I did not notice it before. I took no trouble to prevent its insertion. Ido mean to say I did not know that was in the paper. We have no sub-editor ; some gentlemen share the duties with me, we are all editors. I was not aware of the contents of that notice to correspondents until now, or that such a notice appeared in the paper. I think that is not a usual notice to insert in a paper of this kind. My experience on newspapers is very limited. I never had the full power of a newspaper until now, I was editor of the Hokitika Evening Star. Ordinarily I should not consider myself justified in disclosing the contents of a document sent to me for publication and rejected by me. I am in the habit of leaving rejected communications lying about on my table. Mr John White writes articles for the Tomahawk as a contributor ; he is not employed. I thought it was rather an impertinence for the writer of the letter to make a stalking-horse of my paper, and I took no trouble about putting it out of sight. I did not throw it on the table for parties to see it ; I did not think anything further would ever be heard of it. 1 never saw Mr Dale until I came into Court. I always look at the postmarks of letters addressed to me, and can swear that the mark upon this letter was "Greyraouth." Mr Harris had it for two or three days in his possession, and I got it back from lim. I will swear this is the same now produced. . All parties contributing to the paper had free access to my office. William Henry Harrison : I am Inspector of Schools for Westland, and by profession a journalist. I know the defendant to be a newsagent in Greymouth. I know the handwriting of this lotter to be that of William Dale, the defendant. It is signed by him. 'The letter was put in and read :■ — To the Editor of the Tomhake Sir ■ ■ i will you be kind enough to answar me the following Questions J 1. Why the Mayor of Greymouth has not been appointed a Justice of the Peace '

when every Mayor in New Zealand for 1870 is ■■ 2nd Why the Mayor of Greymouth was not Knighted on his official visit to Wellington to meet the flying squadron and the Government 3rd When Joseph Kilgour intends to give the Greymouth Volunteer Fire Brigade the hundred pounds he promised to give if the Union Hotel was saved at tbe Great fire last year on Mawhera.Quay - 4th Who got six months in Dunedin gaol for card sharping six years ago sth When will the public of Greymouth be allowed to use the County materials^ for their private* use like one of the *Borough Co uncillqrs Greymouth .' *the 4th question answares first two and ten pounds of the £100 was paid last year