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Hawke's Bay Times, Volume 17, Issue 1043, 15 June 1871, Page 2

The Otago Daily Times says :—The Presbytery of Dunedin met in Hampden on "Wednesday, 30th nit, for the induction of the Rev. James Baird to the pastoral charge of that district, There were present the Revs. M. Watt, G. Sutherland, W. Will, J. Christie, J Riley, A. Blake, J. Clark, and Wiu Gillies. The Rev. M. Watt preached an appropriate discourse from Colossians i, 27 and 21, and offered up the indue tion prayer, the whole Presbytery joining in the act of laying on of hands. Mr Baird was then addressed on the duties and responsibilities of his office by the Rev. W. Will• In the ening, a soiree vas held, which was well attended, and speeches appropriate to the occasion were delivered by all the members of the Presbytery.

THE CHANGE AGUXST MR LEMON. [EVENING POST, JTTNE 3] Tn the Re ilenb Magistrate's Conrt f this dav, before J 0. Crawford, &m\, R.M., *W f M. Bmn.tyne, R. J. Duncan, C. Sharp, W. Djiseti, and John Johnston, Esqs., J.IVs. BREACH OP TELEGRAPH ACT. The adjourned chargs against Charles Lemon, General Manager ok the- New Zealand Telegraph department, wan proceeded with. Mr Traverx appeared for the prosecution, and Mr J. G. Allah for the defendant. Mr Travers called Mr Walnisley, wfyo, before giving evidence, asked as to \vhom he was to look for his expenses. Mr Allan asked for- whom his fiiend Mr Ti'& v eis appeared, Mr Travers said he appeared as agent for Messrs Macassey and Holmes, of Dtinedin, the solicitors for the prosecution. The witness might have perhaps refused to appear unless his expenses were paid ; but, be'.ng here, was bound to give his evidence .... v ; • The Magistrate said the prosecutor was liable for the expenses of the witness.

Sheiriff Walmsloy, being'sworn, said T was telegraph, operator a/j Titnaru in April, 1870; in that month, on the 21xt, I received a menage for transmission to the Otago Daily Times; I remember Mr Stafford making a speech at Timaru ; it wai on the evening that Mr Stafford made his speech that I received the-message in question; the instructions from the sender were that I should transmit it to Dunedin; I refuse to say whether I had orders to transmit it elsewhere, as by answering that question T might criminate myself. Mr Travers —Will you give youv reasons for believing your answer may criminate yourself? Mr Allan—The witness is not bound to give any reasons. The Magistrate - By the Justices of the Peace Act he is bound to give some reasons—.a just excuse the Act says. Mr Allan—This is the first time I ever heard such law, Mr Travels—The Court must judge of the validity of the reasons which guide a witness- in refusing to answer, and he quoted tiom Pirt Taylor on evidence to show that the Court was to judge of the reasons on which a witness refused to answer. The Magistrate--The witness must give his reasons if he declines to answer the question. Mr Travers—T ask the question, and if ho refuses to answer it, I shall ask that he be committed. (To witness) — Did you receive instructions to transmit that message anywhere but to Dunedin?

Witness—l did receive instruction, to send it elsewhere ; I received such instructions from Mr Lemon; when I was transmitting the message to Dunedin, the connection was not open bywire to Wellington ; in the then existing state of the line the message I was transmitting to Dunedin would not al*a have been transmitted to Wellington or White's Bay ; the message had to be gone over twice to. be transmitted to Wellington, as well as to Dunedin ; it was not transmitted to Wellington by the same operation as sent it to Dunedin. The same operation that sent it to Dunedin sent the message as far north as Ohristchurch ; at Ohristchurch, it vi ould have to be transmitted by a further operation. The message to the Otago Times was not paid for at time of transmission ; I do not know if it has since been paid for; the sender gave no other instructions than that it was to be sent to Dunedin, at least, as far as I remember. Cross-examined by Mr Allan—The. message would not have come to Wei* lington unless some person was in Ohristchurch to take it off; it would, haae gone to earth there, aud been lost. John Hall being sworn, said—l am a telegraph operator in Wellington ; in April, 1870, I was also an operator here; I remember the night of the i2lsfc of that month ; I was engaged in taking a message that night; the message was from Tiuiaru; it was a long message of upwards of a thousand words; leannot say how many words ; we write a message down as fast as it comes by the instrument; I wrote the message in question as it came; when finished I -left it in the oifice,~but I do not remenv

iber where ; coining from Tiuiaru, it had to be repeated at White's Bay, and this message T vas repeated from that sta<tion; 1 had no conversation with Mr Lemon next day about the message; I refuse to say who told me to take the me.-.sage that- night, as I might criminate myself; if I must an>wt:r the question, T cannot say who the person was I received my instructions from; it was either Mr Lemon or the officer in charge, I cannot say for certain *hich it was; I should know the message again if I saw the copy in my own. handwriting. The original copy of the message was produced, and identified by Walmsley as the one he received at Timaru for transmission to Dunedin. The Resident Magistrate, without even going through the form of consulting the Bench, or calling on Mr Allan, dismissed the case.