THE OTAGO LIBEL CASE.

Hawke's Bay Times, Volume 14, Issue 722, 30 September 1869, Page 2

THE OTAGO LIBEL CASE.

The Otago papers have for some time been largely taken up with reports of a prosecution for libel instituted by Mr Driver against Mr Henningham, the proprietor of a small evening paper lately started in Dnnedin under the name of " The Echo." A remarkable letter from Mr Driver to Mr Treweek, which we insert below, was published in a Tuapeka paper, under the heading of "Who governs Otago ?" and was from thence copied into the first nnmber of the Echo, as well as several other papers. Mr Macandrew, the Superintendent of

Otago, publicly disclaimed any knowledge of the subject to which the letter referred, and two days after the publication of the letter, the Echo contained in a leading article some very strong comments on Mi Driver, comparing him to Mr Jones, of Victorian notoriety. This formed the ground of an action for libel against Mr Henningham,—an action which was not brought to an issue, but, after many vexatious legal proceedings, abandoned. It wa% however, tho cause of great expense and annoy ance to Mr Henningham, and at one time threatened the existence of his journal. We have hitherto abstained from noticing this important as other papers which did so were threatened to be involved in legal difficulties on that account. It is sufficient to say that when the action was repeatedly postponed in order that it might be held in terrorem over Mr Henningham's head, he demanded to have it either decided at once or the prosecution abandoned, and the latter course was adopted by his prosecutor*, though not till ruin had stared him in the tace. The friends of Mr Henningham, who appreciate his motives in maintaining the right of a journnlist to criticise the actions of public characters, have instituted a subscription to reimburse him the loss he has sustained. A copy of a circular issued by them may be seen at our office, where any subscriptions will be received and duly transmitted to the committee. The following is a copy of Mr Driver's letter above referred to : Dunedin, 19th Nov., 1867. My dear Treweek, —I have your note of 16th instant, and can quite understand that you must be iu trouble about M'Kiuuon and others, for, beingabsent, you cannot know how things go on at the head. You know T have ray own way in these, things, and if you will keep to my advice, we will beat the lot: and that is, just keep quiet a little longer, however hard it may seem, the Government and I fully understand each other, and there is no fear of their getting any of the run ; so pray just be guided by me, and do not mind what Chalmers or any one else says to you ; it is people like him who do all the harm. If .Smith had not impounded those cattle there would not have been a noise about his run, particularly as he is using a large portion of the Goldfields The result will be that he, Murray, and others, will have to take their sheep off the Goldfields, and then there will be plenty of room for the small fry. This is Macaudrew's intention, lie and I intend to go up together as soon as lie can gel away, and put all this matter to right; but do not. by any chance, say a word of what I am writing you, for it would upset the whole affair, and break faith with Macandrew. Keep your own counsel, and I will let you you know when we are coming, which will be as soon as he can leave. In the meantime, just let matters stay as they are. You will see that we will learn M'Kinnon and wife a thing or two. As for old Croker, his time is short I think ; and if nothing else can be done, we will sue him on those bills you hold, which send down to me, properly endorsed by you by return of post; but keep all this to yourself also—in fact, trust to me, and I will see it right. Hoping that I will be with you in a few days, and find you all well and stock all right, 1 am yours very truly, Henky DIUVER.

John Treweek, Esq., Bellamy Station