RESIDENT MAGISTRATE'S COURTS GREYMOUTH.

Grey River Argus, Volume XII, Issue 1514, 11 June 1873, Page 2

RESIDENT MAGISTRATE'S COURTS GREYMOUTH.

Tuesday, June IQ. (Before W. H. Revell, Esq., r!m!) ' '° LIBEL. :I Thomas Joyce 1 was charged on the infor motion of Rowland Davis* Inspectpij of, ) Weights and Measures, with Savinff written and .published,, or caused tq b,e^ r published a certain false, scandalous^ ? malicious, and defamatory libel, in a letter 7** printed in the Grey River Asaus newspaper, on the 22nd May, well knowing the said defamatory libel to be false, ■■.->■• •■.;■ Mr Newton appeared for the prosecution, and Mr Guinness'for the defence. ' Mr Nswton opened the case^ : reading* ! the letter complained of, and pointing out' the several passages complained of as libellOUSl ; -;^ . ;"'.-. •,; „:; % - John Arnott ; lam one of the proprie* • tors of the Grey River Argu§ npwjjpaper. - I know defendant I pWucp/a kW -. purporting to be signed by defendant, /' Thomas Joyce. It was left in the editor's box, and published in the Grey ; Emit ; ■ Argus the next day. I havpibt the &*• velope in which this letter was. It was destroyed.. The letter was directed to the in the ordinary way for publication,^ -Tho

letter published in the Grey River Argus of 22nd May (now produced) is a copy, of the. letter now produced; Bigned Thomas Joyce. I .believe this letter to be in defendant's handwriting. I have seen his handwriting and signature before. To the best of my belief this letter is in his handwriting. I had ; a conversation with defendant about this letter either a day or two succeeding the publication of the letter. The conversation was to the effect that Mr Da vies had been to the office and threatened a criminal action. I asked Mr Joyce what he intended to do, and whether he intended to apologise or not. I. advised him to apologise. Mr Joyce said that every statement in the letter was correct, and he had nothing to apologise for. Defendant tacitly admitted that the letter was written by him. Cross-examined by Mr Guinness : I believe this letter A was enclosed in an envelope. I did not find it in the editor's box. I first saw it laying on the editor's table open. Of my own: knowledge, Ido not know whether it was in the editor's box or not. 1 can't tell how it was received or by whom, nor to whom it was addressed. Re-examined: Mr Hayden and Mr Stark were the editors at the time. Mr Joyce did not complain to me of the letter having been published. Cross-examined : When I went to Mr Joyce, to tell him Mr Davis had threatened a criminal information, he did not say " I did not publish the letter," but asserted that the coutents were correct. Allan Forsyth Stark: I am editor of the Obey River Argus' newspaper. I was editor during the month of May last. I have seen this letter marked A. I received it. ' I got it from the letter box in the ordinary way. It was left for publication. The words after editor, viz., fl Grey River Argus," have been scored out by me. Ido not know in whose handwriting the letter is. 1 have received letters from the defendant for publication before. They came in the same way. This handwriting is similar to those in the letters I received before. I will not swear to it, but believe it to be the same. 1 have had no conversation with defendant about this letter. Rowland' Davis : I am Inspector of Weights and Measures for the County of Westland. I produce my appointment, signed by the Colonial Secretary, Mr Stafford. I kuow defendant. I have seen a letter published in the Grey River Argus paper of, the 2gnd May, purporting to be signed by dependent, referring to certaia weights. It was on' the Bth of April I first requested defendant to send his weights for adj ustment. I saw him again in May. Don't remember the date, and; again on Saturday, the 17th May. On each occasion I requested him to send his weights for adjustment. On the 17th $he scales were sent. The weights were sent on Monday, the l9th, for adjustment!, Defendant's shopman brought the weights. I asked him to stop while I tested them. He did so. 1 did nothing to the weights before I tested them. Directly the boy put them on the counter I tested them. I did not wipe them. I found the weights false in testing them; I told the : boy to tell his employer (defendant) ■that the weights were condemned as being ;un just, and ; one of them unstamped)' and also that I should lay an information against him. The statement in the letter published on the 22nd May, viz., that I am in the habit of charging 4s 6d : every time that the scales and weights are brought to my office for adjustment, . is deliberately, false. I had previously adjusted wreights for defendant in March, 1860, and had then charged b,im'2s 2d, I laid an information against defendant in .respect of these weights being false. It was heard on Wednesday, 21st t Mayj and r defendant was then convicted and- fined; He was present in Court. I do 'not know defendant's hand-, writing. Cross : examined :— I may have charged the sum of 4s 6d for adjusting the scales and weights. I have charged various sums, exceeding LI, according to the number brought'to me. I have no doubt that I have charged the sum of 4s 6d for adjusting weights. I know the brass weights and iron weights of defendant. I charged defendant Is 6d for the iron weights and scales, and Is 4d for the brass weights. If brought to me for adjustment I would charge 2s 4d for defendant's brass weights and scales. I charged defendant, in March '69, 2a for his platform scales ; it should have been 3s ; I made a mistake. When scales and weights are sent to me for adjustment, and found to be false, I frequently seize them ; I have done so in one other instance in this town beside defendant's case. I cannot tell how many scales and weights have been sent to me for adjustment ; I have received dray loads, and have corrected all the nsw ones. I did not forfeit the weights and scales found incorrect when sent to me freely, at my own request. I can only recollect one instance other than Mr Joyce's of my forfeiting weights and scales in Greymouth, "but I have done so frequently. On the 24th November, 1871, I charged Mr Griffon 5s for adjusting his weighing machine — a platform •weighing machiner- and counter weights. r jp6 the b'est c of my belief I have done nothing since for him. On the Bth April I asked defendant to send his scales and weights for adjustment, and he did not do so.= My office was at the Transit Shed. I don't remember whether I told defendant that I had removed my office to tie transit Shed; I had been there some time. I recollect the hearing of the information against defendant. I recollect defendant then stating that he had compared his,' iron weights that I had forfeited with the brass weights, and that he bad found them similar in weight. I stated in Pourt that the brass weights might be correct, but that I could not fell by looking at them. I have no recollection of having made any remark about the brass weights in Mr Joyce's ptore. X recollect stating in Court that the 7.1 b weight had never been adjusted by me before. I have no entry of ever having adjusted this 71b weight. On the wharf, in Greymouth, when asking defendant to send his weights to be adjusted, defendant said he would be d— — d if he would send them, as I would charge hhn for them. I said that T would nelze them if he did not. Defendant ippn ran away in direction of his store, and J walked after him. Defendant did not say "he would not pay for them unless they were found to be incorrect. 1 ' After the case was over, I carried away the iron weights in a bag. I did not show them to anyone.

Defendant came up to me in a most offensive manner, and told me to take tip the weights and test them in his presence. Mr Rolsten was walking with me at the time. This occurred at the corner of Boundary street. I told defendant that he nothing to do with the weights. They were condemned, and that he had better go home. Defendant made some remark about my doing all I could to convict him. I saii I thought he had been let off very easy. I told defendant that I had pressed him to send the weights, and that by his own conduct he had forced me to lay the information, I told defendant that he had been let off very easy, and I thought he would have been fined more heavily, but for a bad feeling I understood to exist between him and the Magistrate. I never told Mr Joyce I knew of this feeling when laying . the information. I brought the iron weights into Court in the exact state they were in when I received them. I had not wiped, scraped, or washed them. Bex-examined : I brought them into Court in a bag. I had kept them, in a bag. I have never charged 4s 6d for adjusting a similar set of scales. and weights to those brought into Court belonging to defendant. Frederick Beyling: lam storeman in the employ of, defendant. 1 know Mr Bowland Davies. I recollect Mr Davies two or three times requesting defendant to send his weights for adjustment. I took the scales up on a Saturday, and the weights on the following Monday, in May. I saw the weights tested by Mr Davies. He did not scrape or rub them before he tested them. He did nothing to them before testing them. He' took them from me and put them on the counter, and then on the scales, They were found to be deficient by the weights that he placed against them. Mr Davies told me to tell defendant that the weights were seized. I don't recollect his telling me to tell defendant that he should lay an information. I never told this to defendant. I told him the weights were seized. I remember an information being heard in this Court on 21st May against defendant for having deficient weights. I was a witness in the case. 1 was asked in Court whether the weights had been scraped in my presence. I said no. Defendant was in Court and in hearing at the time. I have defendant's handwriting pretty often. I think this is his signature (in letter A, . also that in letter marked C) now produced. Cross-examined : I stated in Conrt that the weights then produced were cleaner than when I saw them tested. Defendant heard me say so. I recollect being sent by defendant to the Fire Brigade Office— Mr Wickes's store— to where defendant's office had been to get the scales tested. This occurred this year, and I believe Mr Davis had called the day before. I recollect Mr Davis coming coming into defendant's store and taking up two or three of the brass weights and saying — " Oh, these are correct, but you must send up the others." I remember telling Mr Davis that defendant would send up the weights, but that he would hot pay for them. I did not hear defendant speak disrespectfully to Mr Davis on- the Monday afternoon when Mr Davis came to take the weights. Defendant said "I will send them up to you, Mr Davis." I recollect stating in Court in the presence of Mr Davis and Mr Joyce that I had compared the , brass weights and iron weights, and had found them similar. This was the case for the prosecution. Mr Guinness said he had no remarks to make for the defence. He simply wished to call a few witnesses to contradict some of the statements made by the prosecutor. Mr Newton said it appeared to be a waste of time, as no justification of the libel could be pleaded in that Court. The Magistrate said that all he had to consider was whether a prima facie case had been made out. The evidence of the witnesses would not affect the case at that stage. The defendant was then cautioned in the usual manner, and said he was " Not guilty." The following evidence was then taken for the defence : — Henry Wolters : I am an accountant, residing in Greymouth. I remember walking in Boundary street with Mr Davis, after a case against defendant had been decided. This was in May last. I heard a conversation between Mr Davis and Mr Joyce about the case just decided. Mr Davis was showing to me the weights in dispute. The bag was on the ground. Mr Davis was looking in the bag for the weights when Mr Joyce came up, and in rather ai excited manner said those weights were not to be touched until he came up. Mr Davis replied that Mr Joyce had nothing to do with the weights; they were the property of the Government, and had been confiscated. Mr Joyce remarked that Mr Davis had brought this case more from vindictiveness than any other feeling, and said something about his being a treacherous old man, or words to that effect. Mr Davis replied that he would not have any impertinence, and began to explain that he had been very lenient to him. As far back as January last, I think, or January last twelvemonths, he had requested him to send these weights for adjustment, and that he might have laid an information before, but was rather reluctant to do so, as he was informed there was an ill-feel-ing existing between the Magistrate and defendant. The remark was made that if defendant had not been so obstinate in refusing to send the weights, and so impertinent in his manner, the matter might have been settled amicably, or words to that effect. P. M. Griffen was called, but did not appear. The defendant was then committed to take his trial at the next sitting of the Supreme Court, to.be held at Hokitika in September, but was admitted to bail, himself in LIOO, and two sureties of LSO each.