THE Hawke's Bay Times. Nullius addictus jurare in verba magistri FRIDAY, 30rd OCTOBER, 1874.

Hawke's Bay Times, Issue 1624, 30 October 1874, Page 410

THE Hawke's Bay Times. Nullius addictus jurare in verba magistri FRIDAY, 30rd OCTOBER, 1874.

The late libel case in Wellington is one that bears so strongly on the right of free criticism that it should not be passed over in silence. In trials of this kind, where the journal complained of is the property of a wealthy individual or company, much more notice is taken of the case, and much greater sympathy is expressed, should the decision be adverse, than is the case when, as in the present instance, it is one but recently established, and struggling against many adverse influences. Considerations of this kind, one would think, would scarcely influence journalists in a matter so closely concerning both their duties and their liberties; but such we regret to admit, is the fact. In Wellington, for instance, the two other newspapers appeared to have overlooked the principles involved, in their feelings of gratification at the severe blow sustained by their young contemporary. Dramatic or musical criticism,properly so called, is almost unknown in this country. The work, as a rule, is performed by the ordinary reporter, who in many instances lacks the technical knowledge necessary in detailed criticism. Ho therefore commends where he can safely do so, and allows such merely trifling errors of taste or of execution as he may detect, to pass unnoticed. Often, too, from pressure of other duties, he has to depute the task to some other person, and reports at second-hand. Even in the Empire City, this primitive state of things would appear to be in vogue; and nowhere is the " gushing " style of criticism carried to much greater lengths. Not long since, in referring to the very pleasing and talented prima donna of the English Opera Company, " the colonial journal" gravely stated that she was unsurpassed if not unequalled by any professional singer in the world!—a species of fulsome praise which could not but have been offensive to a lady who knows perfectly well how to estimate her own talents. And this is a sample of the " criticism " which passes current and unnoticed in Wellington. It is evident from the reports of the trial, which we have carefully read, that the objectionable paragraph in the Tribune was the only genuine critique of the performance in question. As such it had weight with the public, as evidenced by the immediate falling-off in the receipts of the theatre. The power of the press has rarely been better exemplified than in the effect of this little paragraph, which, though bearing marks of hasty composition, and some will say, evident animus, had more effect than the regular morning and evening dose of stereotyped platitudes to which the public had become accustomed. From evidence which we quote in another column, it will be seen that the editor and reporter of the Tribune, on oath, supported the paragraph complained of, and also brought independent testimony to some extent bearing them out. On the other hand, editors and reporters from the other offices testified that they saw nothing objectionable in the performance; but on being further examined, they admitted that they had only been present during a brief period; and were therefore scarcely qualified to judge of the entertainment as a whole.

We direct attention to the extracts from the evidence quoted elsewhere; and think we may fairly ask whether such an exhibition as is there described was really entitled to a notice of a commendatory kind. If on the contrary, it was deserving of censure, does the mere fact that that censure had proved injurious to the actor give him a fair claim for damages ? The duty of a critic is, we apprehend, to give the public a true idea of the performances described ; not, as is too often the case, to indiscriminately puff, and advertize public performers, good, bad, and indifferent. His Honor Mr Justice Johnston was clear that in this case there was no evidence of malice in fact. Such being the case, we look upon the late judgment, if it may be taken as a precedent,

as seriously limiting the right of fair and free criticism. We may next expect the critiques on public performances to be written or at least revised by the performers themselves—at present they are often as worthless as if. this were the practice. In future, the press critic, when called on to condemn, though ever so slightly, will feel that he is on dangerous ground. The grosser the impropriety, the less he must say about it; and his only plan will be to resort to subterfuge, and " damn with faint praise"—or ironical commendation. — —. Messrs Routledge, Kennedy & Co. yesterday offered by public auction the lease for 21 years of the Omahu school reserve, known as the Ohaoko block, a native reserve in the Patea district, Province of Wellington, containing 38,000 acres. Mr R. D. Maney was the purchaser at the annual rental of £750. Several other parcels of land were also offered, but withdrawn, the bids not reaching the upset price. A Provincial Gazette dated Friday last contains a proclamation appointing J. H. Trask poundkeeper at Farndon in place of S. Hunt, resigned; a return of land sold during September, showing a total area of 3,158 acres, and cash receipts amounting to £779 13s Id.; also statement of accounts of the West Waipawa road board. The Gazette dated Tuesday contains notices setting aside a block of land estimated to contain 8,000 acres, between the Mangamauku and Tukituki rivers, for the purpose of sale on deferred payments, in terms of Provincial Act of 1872. The performances of the Californian Minstrels continue to draw good houses. Last night's performance was quite equal to those already noticed. The programme opened as usual with an overture, exceedingly well performed, which was followed by a song from each member of the company in succession. In this part, we may notice Mr Rockefeller's song, " Kiss me to Sleep," as having been given with great taste and expression. There was the usual amount of dancing and laughable farces, interspersed with some excellent singing, including a fine vocal duett by Messrs Mavor and Amery, and an operatic selection—" Hear me, gentle Maritana," by the latter gentleman. The choruses, and the accompaniments and instrumental selections by the orchestra, were given in first-class style. In the Resident Magistrate's Court, on Wednesday, George Washington Ailing, an ordinary seaman on board the British ship Rosalia, charged Capt. Veal of that vessel, with assauling him on the 6th October, on the seas. From the evidence of the complainant, and that of several witnesses, including the chief mate, who more or less corroborated his statement, it appeared that on the day in question, a high sea running, he was steering the vessel somewhat awkwardly, when she shipped rather a heavy sea on her quarter. The Captain went aft and abused complainant, calling him a "bastard" a "bull-head," a "saw-dust chewer," a " buffalo,"- &c. Complainant retaliated by using some bad language. The captain accused him of loafing at the pumps, to which he replied " If you say that, you lie." The captain then struck him in the face, and the two closed, falling together over the spindle of the wheel. They struggled on the deck, the captain having hold of Alling's hair. The first and second mates hurried up, in time to see Ailing free himself from the captain by the application of one of his feet to the latter's stomach. The push he gave was so energetic as to force the captain backwards against the bulwarks—all but overboard, in fact. The second mate seized the wheel, the helm during the brief skirmish having been allowed to take its own course. The first mate, placing his hand on the captain's shoulder, said—" For goodness sake, captain, let's have no more of this foolishness;" and ordered Ailing back to the wheel; after which he turned away, " thinking the muss was quelled." The captain, however, still stood to windward of the steersman, and according to the mate, "had some more jaw." Ailing again made an insolent reply, telling the captain he was not fit to have the charge of—(a particular kind of establishment) —let alone a ship. This so irritated Captain Veal that he rushed upon'him, and taking him unawares, sent him sprawling backwards over the spindle of the wheel. Ailing fell heavily on his head, and another scuffle was apparently about to ensue, when the officers interposed. Another seaman was placed at the helm, and the captain went below.—This is a summary of the evidence of the various witnesses for the complainant. No evidence was called on the other side, and the Court reserved its decision till the close of the hearing of a similar charge by Capt. Veal against Ailing, which was then called. Capt. Veal was placed in the box and sworn, when Mr Cornford, on his behalf, stated that there was no entry of the affair in the official log. The magistrate said that in a case of this kind, an entry should have been made. Mr Cornford said if all the misdeeds of the crew had been recorded, they would have filled a folio volume, and the captain at the time had no idea that his charge would be laid against him.—The mate here stated that the affair was recorded in the ship's log. The captain then gave his account of the affair. He said that Ailing was steering the ship so badly that he brought a heavy sea on board, and caused the vessel to roll and strain, whereby the back rope was carried away. He called out—" Why don't you ease the ship when she pitches? Put the helm down." Ailing replied, " It is down." Having his doubts, the captain, went and found the helm 45 degrees to windward, about 70 degrees

out altogether, and the vessel was lying two points off her course. He said, " Why did you tell me a falsehood.? It's not down; it's up." Ailing replied " The helm is down enough for any ship." Captain Veal, suspecting that the wheel was fast, looked behind it and found it lashed with a piece of rope. He then said, " You loaf at the wheel as you loaf at the pumps." Ailing answered, " Your'e a liar," and the captain replied, holding up his finger in warning, " Don't you use such language to me again." The man then struck him in the face; the captain seized him, and they both went over the spindle. Ailing then kicked him off with such force that had he not " promiscuously " caught hold of something he should have gone overboard.— The magistrate, having carefully gone through the v evidence, said it left a strong impression on his mind that Captain Veal was the aggressor. He had certainly been provoked to the assault by very irritating language; but bad language appeared to have been employed on both sides. He did not wonder that the discipline was bad on board a ship where language of that kind was daily and hourly made use of. As the Merchant Shipping Act contained no reference to assaults by officers upon men, he must treat this case in the same way as a common assault on shore, under provocation. The assault did not seem to be of a very serious kind; but the effect of such proceedings on the discipline of the ship must have been exceedingly bad. He would fine Capt. Veal £l, with costs, £1 9s; the other case would be dismissed, with costs, ss. —Captain Veal then requested the Court to order the men to return to their duties. The magistrate replied that he had no such power. The men were at present ashore by process of the Court; but if they did not return immediately, they would be liable to arrest. »■ In place of its ordinary leading article a northern contemporary has the following:—"The serious indisposition of one of our compositors has compelled us to omit our leading article and other matter of importance. We trust that the police will shortly find a cure for our diseased member." This case we have good reason to know, is far from a solitary instanceWe may add that the afflicted editor is opposed to the usual preventive measures, and that his grand specific for the disorder in question has hitherto been, not "police," but state asylums. An exhibition of "Miltonian Tableux" was recently advertized at Greytown. According to a writer in a local paper, the ladies, having had some intimation of the nature of the exhibition, held a " cancus," and decided not to patronize the entertainment on the score of its impropriety. The writer indulges in a rather uncalled-for sneer at their decision. If his facts may be relied on, the ladies of Wairarapa deserve credit for asserting their views on a matter of which they were certainly the most competent to judge. It would be well if an example like this were more generally followed. The united influence of the female section of the community would be found irresistible in matters like this, which come properly within their own province, and there would be little danger of that influence being abused. In the Supreme Court, Dunedin, on the 12th inst., a new-comer named John Fairgreaves was convicted of an assult upon one William Noel, having bitten off the lobe of his left ear in the immigration barracks. From the evidence it appeared that the bite was originally intended for Noel's nose, but missed through his turning his head. From these circumstances a person given to hasty judgments might infer that Fairgreaves was of a savage and unfeeling disposition. Far from itBefore sentence was passed upon him he made a touching appeal for mercy—not, be it observed, on his own behalf; but because " he had a mother and two small sisters to support." But the stern dispenser of the law was unmoved. His Honor Mr Justice Chapman is reported to have said in reply that "unfortunately these crimes fell the most heavily upon the wives, sisters, and families of those committing them. This was a most ferocious and brutal assult, and it was quite impossible that it could be passed over without a heavy punishment." Accordingly a sentence of 18 months hard labor was passed upon him. It is impossible to contemplate the severe though just punishment inflicted upon this most exemplary son and brother without a feeling of pain.