THE PALMERSTON LIBEL CASES.

Manawatu Herald, Volume III, Issue 75, 20 May 1881, Page 2

THE PALMERSTON LIBEL CASES.

The charges of criminal libel brought against Mr J. B. Dungan by Mr A. M'Minu were heard at .'almerstnn on Tuesday, before R. Ward, Ksq , R.M. Mr Hawkins appeared for the olaiuti ff. iv.l Mr Staite for the defendaut. There were two charges of libel, brought igainat the defendant, but only oue was 'tearl on Tuesday. The libellous matter complained of was contained in an article headed " The Motli vnd the Candle, 1 ' published in the Mauitvatu Times. The following was the information :-" That he, the said J. B. Dun•j>nu, of Palmerston North, journalist, did contrive and unlawfully, wickedly, and maliciously intend to injure, villify, and prejudice the said Alexander M'Minu an to deprive him of his goo 1 name, farm, credit, and reputation, and to bring him into public contempt, scandal, iufamy, an> disgrace, on the2o:.h day of April, 1881, ami maliciously did write and publish aud cam<; and procure to be written aud published a false, scandalous, malicious, aud defamatory libel in the Manawatu Times new>-paoer printed and published by the Baid John Boulg^r Dungan, containing divers false, scandalous, malicious, and defamatory matters and things concerning the said Alexander M'Minn according to the tenor and effect of the following that is to say. 'The Moth and the Candle,' &c, &c. well knowing the same to be fale, being a> inlict.able offence." The following is tb> a r ticl« rnferr^d to : — THE MOTH AtfD THE OAN OLE. There ara certain specimens of humanity— ttanv can scarcely bo called men -whose instinota are sn h ise and sfrovellins thut thfy iliUi^hr. in willowin in low notoi-i !ty, nnd periodically court thfi drdircim of their namen thi-ou.'h th.« miro. Of iliis class th •'Journalist of Repute " sUimln in the forem ist rauk With a private history as f imiliar to tho residents of the West Point us housi-hold wopls. ta9. he. v! all others has the autlaci y to enter the pilvate uii-clo and -i -fam ' the fair n vn-* of wsp 'Ctable 1 idies. He hk of all others seeks to r;t>r to the fanlu and f.illi'lXS of his fellowmen. and indulge in proh pador I'xolnniHtionH ! In a form >r issue wa threatened to the public the character of him who bets him s If up as a censor, ami were it not that we do n<> wish to wring t»ie heart of thu lady who is tind to -luch a contempiiblo bein>?. \v-i S'lu'uld marsh it th ghost of Mornlity before him, recount sim i of hi« intt'.-niipiiil mmlinHsß, un I contra-st his pres-Mii wsu ned iinmaculatenea-j wtth his former dastiinlly cowardice, ilow oae who It-iew thut his soul wu-stiine-l with a blot of infamy snnh as at one tiny m-M-itcd the contempt of all honorable men; how one who knew that that infamy had been para led thi-.>us.'h the columns of a paper, recalling to the mind* of some the scandal almost forgotten, an autlntf as a ninn day*' wonder upon tuose who h^ard it for the first time; how he, we say, wollknowing that we in common with pvery one on thi< '.'OMt'mew hl< pist h'story. could court anoth» oxposb. is heyoml all comprehension, unless it is that he Rot tirr-d of vegetatini? in ilip >nud. ami wished once a«ai i to be <lrng;e-i through his n>itiv clement He must certainly reason by contrast.aiv ; imagine that we are as magnanimous and chivalrous •is h- i 1 " treacherous and d'ceitful. or he Cr>rtiin!}should not have thus pursued a course which to endure would strain human irennro-iity to the utmost Ho knows full well— as do hundivid^ of others in the district-that if we hitherto had followed hieonwmptinle example, and torn the screen from hifamily circle, we would have caused him to writhe au'uin— that is, if one so wholly lost to all manly and honorable instincts could be actuated by a sinalf -cling which sways ordinary humanity. We hay steadfastly re rained from doin< so; we knew every tltl-i of his past career, still we n^ver once allude 'i to his former con met;i net; nay more, when his abl biographer, Mr Hesiit Anderson, placed him on ttn roa«t u>{ spit, and turned him rouni for ihe edlllcation of the puhlie, wi autod on the principle *He that is without sin, &c, " gave Mm our sym pathy md support, ant strove to stare off Home or the kiuksand cuffs whiuh were hurled at bin. A letter appeared in our last issue; s-arifyinif him and hii boaHtly produo.tionn as •' Squib," and with hie i:hamct»rißtic meanness of soul, he attributed the production to us. It is an old saying some peopl'"measure other's corn by their own bushels,'' and ih concoction of letters forminir such a vnry laivo p >rtlou of his own literary labors, it is little wonder h -ihoald hwe.jumpid to such a conclusion. We cm now a-sure him we neither wrote a line nor inspired ,w 1 lea contained therein. It was tho sp mtanootw verdict of one who at hiu advent gav^ him a hearty wol<*ome, nay substantial support — only to flu I tli:f he had encouraged an unprincipled slanderer who* only ambition was to pander to vitiated tastes ly the invention of prurient and indecent piragrapbtt endeavoring to blast the characters of wives nnd daughter*, and sparing none in his cowardly attacks under an anonymity. Desperate cases require de* ■lerate remedies, and were it not for his porsi«t"ni netting at del) .nee all journalistic ittiquntte, and bit* coutemplible r-:a»rt to personalties, we should not have broken th--ou{h our hitiierto-observed rule and dealt with him m-rely in his editorial capacity Wh dt>ei>ly rpsjret that we cannot apply the lash lo his worthless back without inflicting pain upon tht innocent Were it not for that reason we wo"ld have drawn such a p?n and ink photograph of him and hia past career, as would make even him despise himself and seek to hide bis shame in future obscurity. Ho boaated or bis circulation in Feilding, bat we are happy to say, for the honor of that town, that it is next to mythical, for if it were otherwise we would blush for It That copies are bought there, there is no doubt, but they are pur ohaaed by tho same class and for the same purpose that persona buy the filthy productions of X G. S. GruNT— to gratify a filthy prurient taste, and devour liny scandal concocted nt the expense of truth and the fair fiuio of <W»>nceleaß females. Tuk- away th ■ productions of th < Imiistly '• Squib ai d tho she«t becomes a cou ile of cola nns of badly print -d. stale, PX'racied miter, wins locals, sans reports. «ans a grain of oriain -Ity worth perusal or tit to put into th" h>MvN of a female. We have Kiv'n this Maliy runiiin/ a-mu -k a f iendly wtrning; if this bo not siiiWcl -iitcirh, he will h;v^ to thnU himself if Iw srt-a his i. -exp •rlencris in p>lnt In co icluslon wh shonld alvUi! thi* literary moth to b>» wirn'd lv tim \ He has flu tnred round tha fl unn until hu has been slightly signed: he sho Id retreat heforit is too late, or ho stun in a very good cliancn of bning cremated.

In opening tha case, Mr Hawkins said his client came there to obtain redress for a most atrocious libel on his private character. The libel as read by the Clerk iv the information spoke for itself, and no one could <lonbt the article was libellous from beiji'mm^ to end. H-i then proceeded to describe at length the law of hb«l aa it bore

on the case. In the present article the plaintiff was not mentioned by name, but was described as " the Journalist of Re* pute," and the law laid it down that where ;i person was hinted at in such a Way as to make it clear no other person was intended, it was just the same as though the name were mentioned. It must be proved for the defence that the libel was not only true, but also for the public good* After the libel cases had been heard, his client intended to claim sureties of the peace. He would show that up to a certain date the parties in these ictions were on friendly terms. He would produce a paragraph from defendant's paper, speaking in highly complimentary terms of plaintiff, but so Boon as plaintiff started, or was about to start, a daily paper iq Palmeraton,an article appeared attacking ;iim, and even after the informations were laid he issued an " Extra," stating he resetted nothing he had written. Then he followed with a strong article in his paper ja the cases, which clearly showed his aninus against plaintiff. The prosecution vould establish by evidence the inuendoes contained in the article. B afore proceeding to call plaintiff, Mr Hawkins aske*l that all witnesses might he ordered out of Court, as was usual in iulictal le cases. Mr Staite strongly protested against any •mch application. The facts in connection with the case were not questioned* It was simply whether it wan libel or no libel. Thia was a great public case. The parties were public men. Representatives of tho Press of the district were present to report tho proceedings, and those gentlemen •vould be \vitne33e3 for defendant. If they <vere ordered out of Court the proceedings would not be reported. Mr Hawkins said of course his client was desirous of securing the fullest publicity of the reports, as his character had been assailed, but at the same time he would press his application. His Worship— My ruling has been asked. I rule that witnesses be not ordered to leave the Court. Mr Hawkins then called the plaintiff, Alexander M 'Minn, journalist, proprietor of the Manawatn Standard, who deposed —I see the copy produced of the Manawatu Times of April 20; there is an article headed "The Moth and the Candle" of which I complain, more particularly of •■.lv>se parts mentioned in the information. Mr Staite objected to plaintiff being allowed to have the paper in his hand, which had portions underlined by hia counsel. It was like reading evidence. His Worship thought it was a pity, but is the paper had been put into Court it uould not now be stopped. Mr Hawkins (to witness)— What are you -ermed in that article ? H>w do you kno *• you are referred to ? — By the tenor, by thp allusions. What allusions? — What is the person •ailed to whom it refers?— The Journalist »f Repute. la that one of the reasons why you identify yourself with it ?— Yes. Aay other?— No other reason particu:*rly. I established the MaDawatu Standard on 29 of last year ; defendant had comnuuicite.l in writing with mo about thre< veeks. before ; I produce the letter, which vas read, as follows:— "A. M'Minn. Dear Sir, —Had you elected to start in a fur, hororable, manner, the same as tho Gruardian or the Herald, I would iave received your adveut in the same spirit of equanimity as I did with them ; instead of which you b Trowed my pass f>r a fow days with a promise to send m« o«ne views, and you kept it for 5 weeks co work your own contemptible enda, and r hen sent your emissary to do a secondsneak "i the grass. Now I simplj defy you. Mind you, I am not writing this because of /our intention to start, but because of your make-like conduct. I have been warned >y every one and told that the persons rho fought for you and tried to do you good, / m would be first to snap at, and you have •tun true to the last. Now I tell you .'hether your canvas.* is su.jc ;asf u! or not, whether you start or not, I will always uve the one opinion of you — yon have >nly been deterred from carrying out your utentionnfromcoA'ardice. — J. B. Dun'oak. " xaminanion continued— Difeudtnt wrote 1 complimentary paragraph regarding me *hen I left the FeUding Guardian [read] ; I ilso produce a copy of the Minawatu Tunes late 1 November 6, in which is an article leaded, " ALiterarylshmaelite," referring v> me ; I am there referred to as the Jourlalist.of Repute [article read.] I believe .he term "A Literary lihmielite," was neant for me ; I knew so because of hav\\t at the time and still a raaa named Lyes •vorkin j for me, who is referred to in the article ; I was at one time en^a^ed on the Vaiis*s«iiii Herald, also on the Wanganui Jdro'iicle ; I am aim called in this article *he Journalist of Refute ; I hive no reasonable doubt but that it refers t> ma ; I did iorrow a railway pjws from defendant, as icated in the article ; I was also connected vith the papers at Mwton and Feilding ; I ibtrihute these attacks of defendant's to ny starting a daily paper in Palmereton. [ produce a Manawatu Times of Drfcemb t 15 ; it contains a subleader referring to •nyself. And headed, " Our truthful contend•lorary." [Article read] I also produce •t Minawafiu Times d*ned January 19 3 inclining a letter betted, "A Profoanouil Blower.'" and refirrin* to myself ; i' 1 signed, " Manchester." [Letter read.] Is that calculated to injure tho circulation of your paper ? — Mr Seaite —I object to the question. Mr Hawkins — Upon what ground, pray ? Mr Staite— lt is irrelevant. We are not •jhar^e I with libelling the Standard. It is with libelling the proprietor. His Wura'tip - 1 think the questiou th'vild not be put. Examination continued — I prodnce a Minawatu Times dated January 26, con >: lining an article headed, " Unblushing [mpudence " ; this article alludes to the Minawatu Standard, aud mentions it by •ame ; I am written of in three or four >!aces in it a? the Journalist of Repute. Does it charge you with anything T— lt .charges me with trying to get the County advertising in an underhand -way. It refers to falsehood, treachery, scurrility, clipping advertisements unauthorised ; it refers to the paper as a fraud to the subcribera; and says ; " The paper (Standard) is emblematical of its proprietor — a fraud. 1 ' There ia also a paragraph in the paper headed, "The Pot calling the Kettle Black " ; I also produce a Manawatu Times dated January 29 ; it contains two paraqraps ahout me— one headed, " One for hia Noh ;' r-he other, " Tom Popper turned Joe Mill r;" [Paragraphs real.] I also produce a VlinawUu Times dated February 2 ; it c >ntaiiiß tw.» parajrap'iß, one hetdoil " A Professional Blower ;" Inm there referred t» aa the lahmael of the Standard ; Lyes is also referred to ; the paragraph winda up, "blackguards both," referring to him and m* ; the othar paragraph is headed, " An 0 ijin.il Journalist;' I understand the J. •if R in that paragraph to mean. Journalist of Ripnte ; I ;»lao produce a Mviawatoi Tirana dated February 5 ; it coo tains aix allusions to me and my paper ; there is a general heading to them, •• Standar.liana ;" they contain references to the Journalist of Repute, also Gsorjje S. Lockie, who vraa then in my employ. Mr Hawkins— Do you see tho word I "Emprew" there?— Vm.

Does that refer to any of your family ? What does it mean T— l don't know what it mea'tts.

His Worship— Take that down. Examination continued— l swore, my information on Saturday week, 7th May ; the Manawatu Times has had several references to the libel action since then. - :

His Worship said he doubted whether this evidence could be received, being after the information.

Mr Hawkins explained that he put in the evidence, not as proving libel, but as proving malice.

Mr Staite made no objection, and the evidence was received

Examination continued— There is a reference to the present charge in an article headed, " A Legal Thunderbolt," and published in the Manawatu Times of May 11 ; the article, alludes to. me throughout ; I received the Manawatu Times " Extra " produced the same afternoon as I laid the charges ; there are allusions to these libels in it, and a statement that " We do not regret one line we have written, and in effectually silencing the slanderous ' Squib ' we feel we have earned the heartiest gratitude of the people of Paltnerston and Failding." Cross-examined by Mr Staite — How do you know you are tbe Journalist of Repute ?—

Because the Advooate once called me that. The context of the article pointed to me.

As a matter of fact, have you ever involved your employers in actions for libel? — My employers have been so involved.

Can you name them? — Messrs Kirkbride, of the Advocate, and Carson, of the Wanganui Chronicle, were so involved. Was 'Mr Ballance also involved in an action for libel through you?— Not that I kno«v of.

Was hs not involved in an action for libel with Judge Rogau ?— He had to apologise owing to some strictures on Judge Ro!san.

Who wrote them ?— I did as correspondent of the Wanganui Herald, with Mr Ballance'a sanction ; at least they were sent to him. I withdraw the statement that they had Mr Balance's sanction ; I remained a long time with Mr Ballance after this.

What amount did that affair cost Mr Billance ?—

Mr Hawkins objected to the question.

Mr State said his contention was that a man who brought an action for libel must have clean hands. A cheat could not prosecute a cheat, nor could a libeller prosecute a libeller, and he would show the plaintiff in this case was a persistent libeller of others.

His Worship — I consider it my duty to receive all evidence offered.

Examination continued -I don't think ohe affair between Mr Balance and Judge Ro^an cost the Herald any money.

Id it customary when actions for libels are brought for libel and withdrawn for the offending person to pay costs ?— 1 believe it is.

Then are yon prepared to swear Mr Balance was not put to considerable expense through that libel action against his journal ? — The money was subscribed. Were the costs heavy ? — Tuey generally are.

Mr Kirbride lose heavily through the libel action you involved him in I—He1 — He said he did.

I was travelling correspondent along this coast for the Wanganui Herald ; I remember about an affair in which a man named Lawrence was drowned ; I swear I never heard of a subscription being got up to to assist Lawrence ; I swear I do not remember writing about funds collected far Lawrence ; I swear I never heard about the Rev. Mr D uncan and Mr Gray being connected with some moneys collected for Lawrence ; I will not swear I never wrote libellously of Messrs Gray and Duncan regarding that matter. It is a matter of opinion whether I am addicted to writing strongly ; I do not think I am ; I was no f advised by my friends when starting the Mmawatu Standard not to write strongly ; I was advised not to reply back if the Times attacked me ; I can't remember whether Mr Innes advised me not to write bitterly. I have been advised by several of my friends that I should refrain from writing strongly. Yon were married some time ago at Turakina? — No, at Wairarapa. Did your wife reside at Turakina before you married her? — Yes.

Now, Mr M'Minn I am going to put an unpleasant question to you, but in the interests of my clieut I mu*t do it. Was there any criminal interc >use between your wife and yourself before you married her ?—

A discussion ensued as to whether this question couM be put. His Worship rulled that the question waa a legitimate one, and could be put. The question was repeated, and the defendant said — I decline to answer.

Was there a wedding feast prepared for your wedding at the Turakina Hotel ?— I •lon't know.

Did you not leave Tarakina the nisht before your promised marriage day ?— «Fiv« uights before.

The Court here adjourned for one heur. Upon resuming the cross examination of plaintiff was resumed.

Mr Staite — Did you inform your intended wife that you were leaving Tarakina? —No.

Did you sell your horses prior to leaving ?— Some of them.

How many did you keep?— Two or three.

Examination continued— l went to Weilini;too ; on the day appointed for my wedding I was not present at Turakina ; I was expected, I believe ; I eventually did marry the Bame person, one or two years after ; during that interval I was in Auckland, Nelson and other places ; I did not receive a summons for £50 for the cost of the wedding outfit and feast ; I was arrested on warrant at Wanganui ; I never kne«r what it was for; I believed it was fora debt.bnt I never knew ; I applied for a rehearing, but never saw the particulars of the debt or the summons ; the plaintiff was my wife's father ;' I don't know what the debt was for, l have never heard directly to this day ; I have heard it was for money lent, and for wedding breakfast, &o; upon the warrant being executed I was lodged in Wanganui Gnol as a debtor; I was detained under that warrant for a fortnight or three weeks, I think ; I know Henry Anderson ; I don't remember whether he visited me in Gaol ; I cannot say he did net visit me at the suggestion of Mrs Blair ; I don't think he did ; I will not swear he did not try to persuade me to marry my present wife ; I don't know whether I declined with an oath to marry her ; I will not swear I did not refuse to accede to such a suggestion ; my reason for absenting myself on the day of my intended marriage nas that I was disappointed at not receiving some money from home, it was a foolish thing for me to do ; I am the proprietor of the Standard ; I have not written the articles published under the heading of !' Squib ;" I perused nearly all of those writiugs,and suppressed some ; I have added to aad altered " Squib's " writings ; I decline to say who " Squib " is ; I did not write a letter to my paper signed " Dungaree ;" I did not write another letter to ray paper signed | " Old Sdttler ;" I read the letters ; I be. lieve both Councillor M'Neill Mid Council. I

lor Dungan claimed to be the persons re* ferred to by " Dungaree )" I believe the person referred toija^^^letter signed " Old As a matter q( fact, didyoil prior td. the data of the libel 'you complain of make a vVy hitter attadk in ypnr paper under the heading, "Suffering a Recovery ?"— Yes. To whom does it refer ? — To the conductor of the Manawatu Times. The article headed " Suffering a Recovery" in my paper of FebVuary 19; refers to Mr Dungan. It was published two months prior to the libel I complained of. Was there any particular article in the Manawatu Times of that day which pro* yoked the article just read ?— I expect there was. , ••■-•- v /-\* " Mr Staite put in the Manawatu Times of. ■ / that date, and asked that an article headed "Under the Jftcroscope " mieht Jbe read, [It was a denunciation of Mr M 'Minns action as editor of the FeUding Guardian, in writing against the West Coast railway, and a comparison of the views he expressed on the Guardian with these he had written in the Standard ] I did write that article in the FeUding Guardian; I don't remember Mr Capper being annoyed at it.

Can you account for the change of your opinions t — Change of circumstances. What circumstances T— A varibty. ;. . But mention them — one or two. Mr Hawkins objected to the question. Mr Staite said he was willing to leave the bare fact.

Examination continued — On April 16 t published an article headed "Cause and Effect," referring to the defendant; that article was written previous to the libel I complain of.

Have you seen libellous attacks in your paper written by " Sqnib," attacking Mr Goodbehere, of Feilding ?— " Squib " wrote several playful articles on Mr Goodbehere. • :

Mr Hawkins objected to this line of examination.

Mr Staite said he was going to show that plaintiff had permitted " Squib " to 'write slanders of a number of respectable persons, and that as Mr Dungan had by bis severe writing silenced "Squib," his action had been for the public good. His Worship ruled the evidence was not admissible.

Examination continued —Mr Dungan advised me to start a paper at Bulls ; I did contemplate starting one at Feilding ; Ido not remember his saying to me, "Don't lei your vindictiveness get the . better of your discretion;" he did not everinform me ef the amount of business he was doing 5 1 have had lawsuits with Messrs Kirkbride and Capper on leaving their employ ; I sued Kirkbride for commission and Capper for salary;' " Squib " has written several contributions daring the last few weeks, but I have not published them, as I thought it better not to do so ; I have about the same malice towards Mr Dungaa as he has towards me ; I was collector for Mr M'Kenzie some yean ago ; I think I gave him satisfaction ; we had a disagreement and I was advertised out of his employ ; after that I was acting as agent for the sale of beer. Were there not Court cases over that beer? were not the labels on the beer spurious?— l don't know; not that I know of. I never saw an article in the Wanganui'Chronicle condemning me for my action regarding my marriage ; my wife visited me in Wanganui Gaol. . ■ Were you ever engaged in selling an* branded horses ?— No. V

Did you ever take tmbranded horses to Wellington? -No. I don't remember Mr Hutchison bringing an action against the Wanganui Chroniole through my writing ; I never heard of a young fellow named Fox telling his father I induced him to sell unbranded horses.

Mr Hawkins — I suppose we shall be charged with horseatealing direotly I (Laughter.) His Worship— You should nqt jump at conclusions, Mr Hawkins.: (Renewed (Lvisshter) , ; f;**" r Examination continued-rtdo not' object to any particular part of the article headed "The Moth and the Candle";! believe the words, " Were it not that we do not wish to wring the heart of the lady who is tied to such a contemptible being, we should marshal the ghost of . Morality before him, recount some of his ante* nuptial manliness, and contrast bis present assumed immacolateness with his former dastardly cowardice," refer to the affair of my not being . present to be married at the time appointed ; I can't say that any indictable offence is attributed to me in this article ; the word "experiences " with a blank before it Bug* t{eats it ; the word " crimes "in the infor- ' (nation was not suggested by me ; it waa put there by my counsel ; I believe • much stronger word was meant ; we were on friendly terms previous to my. starting a paper ; Ido not know how I Acquired the title of Journalist of Repute ; I may have written of myself as Mr A- M>Minu,.a. journalist of repute, when' I joined 'the Guardian ; it was not in the Advocate, but perhaps in the Guardian. Re-examined by Mr Hawkins—Defendant has no interest in any of? the papers lam said to have written libel iri; the Wanganui Herald libel ..^n: Judge Rogan. was fifteen years ago ; I remained in Mr Balance's employ a long time,. softer he apologised to Judge Rogan; the 'letter headed" "Our City Fathers,",, refers to Mr Dungan, who is a member of the Borough Council, and as such. a public man. Are you: aware why you should net have an opinion of the West Coast railway ?— Mr Staite — Two opinions ! (Laughter.) Plaintiff— l don't Bee wiy I should : no.L When Mr Dungan got off the train returning from Wellington he seemed to be in "the horrors." I did not promise Mr Duncan I would not start a, paper at . Palme rstou ; since it waa known I was going to start a paper at^PUipemton} defen* : dant has persecuted me. ■• ' '• i--'- . ..-.;. : Constable Gillespie dflJKMrid' -to, innring : the summonses on defendant last 'Tuesday morning, the 10th instant, the <dayi before •-.-. m artiole h«sded» » A Legal Thunderbolt" > was published in the Manawatu Times. By Mr Staite— l have noticed thaVthfl , two papers have been going at one Another lately ; I think they are about * pur, one * is as bad as the other. . . - By Mr Hawkins— l -40.n0i know now. many Articles the different papers hare <hs4 one against the other ; in fact, I have taken .-'.- very little interest in the affair,.! ,«mp)y have had a general opinion that they have been going at each other. This concluded the case for the. pngtou* ; tion. s^"W Mr Stair*, for the defenoe, made an able ' address. He Baid the grounds oftbe.de* fence were various. His strongest •rgument in favour of a dismissal of the inforV ,■ mation, which he asked for, was upon a legal point, viz., it was laid:dewn~ in Fisher's Digest that a par^ charging another with criminal libel must dome into Court „■ with clean hands. He mast be ijafa- tp show the Court that fee -fed ,aefed..uuft x r .spirit of forbearance, that he nad not himself *een Kotfty ojf .libel, but especially towards the person whpn} he charged with libelling him. Now, what were the facts in this case?. They had it in evidence from the informant himself that not only was hf a systematic Üb^eUer, having involved the Wanganui Chronicle, Wanganni Herald, and Rangitikei Advocate all in libel actons,

or^kt was equal Had grouty libelled Mr Dungau (lisp, prior to the article which waa the basis of this information. Etc submitted that from all the articles read in CtiuVfc'tluHi day, no -single Dnecduld be picked cut wHieL contained more libel thin that written by Mr M'Midd upon Mr Danganj and entitled " Suffering a Recovery." That article was written two months before the one upon which -Mr M'Minn based his information. And why did Mr M'Minn attack' Mr Dungan in this manner? Sin*ply because that very morning upon which the: article appeared Mr Dungan had shown the utter inconsistency of Mr M'Minn regarding an important public work— the West Coast railway. Was the Manawatu Timeß to be blamed for opening up such a subject ? If journalists were not to be permitted to! expose auch changes of opinion, which Mr M'Minn bad that day admitted were the result of " charge of circumstances," what were they supported by the public ;for? v Why should this man, who was persistently libelling others, be allowed to come into Court and put his client to the expense, trouble and annoyance of defending an information sworn by ft systematic libeller. It waa his (Mr Staite's) opinion, that in view of M 'Minn's well-known character, as a libellous writer he should not have been allowed even to swear an information on a charge of libeL Then, again, both the parties to this action, being journalists and public men, were allowed a greater latitude in their writings thin the general public. Would the Court, in view of the general circumstances of the case, pnt the defendant to the expense and inconvenience of a cora^ mittal for trial? Would it not be an act of charity to plaintiff, to dismiss the information, and thus save him an expose, before the Wanganui public such as was made that day in Palmerston. He (Mr Staite) had that day been compelled to cross-ex-amine plaintiff in a strain and upon a number of subjects he much regretted ; nevertheless, as an act off justice to his client ho had been compelled to do so, and defendant had courted it by his action. He repeated that it would be an act of charity on the part of the Court to dismiss the information, and thus save plaintiff another expose of his past life. He believed that Johnston laid it down that it was within the power of the Court to dismiss an .information on either the facts or the law. He thought that on both grounds the Court should dismiss the information. The information charged hi 3 client ynthfahehj stating certain things, well-knowing them to be false ; but out of plaintiff's own mouth he had that Jay proved every inference that could be fairly drawn from the article complained of. He had proved that plaintiff deceived a certain female, whom he afterwards married ; he bad proved that the words "cowardice" and " contemptible " were not too strong for the actions he admitted ; and his father, in -law, would not have followed him over the colony and succeeded in having him arrested unless he had a strong case against him ; whilst plaintiff's statement that he never.iqceived a summons for the amount for which he was incarcerated must bo received with doubt, as no Court would have dared- to give judgment against him unless service of the summons bad been proved* whilst th« title, "Journalist of Repute," of which plaintiff complained so strongly, had been proved to be a compliment he had originally given himself in the Feilding Guardian. Considering the reputation M'Minn had acquired as a libellous writer, in haying involved Messrs Kirkbride, Carson^ and Ballance in libel actions and heavy expenses, was it any wonder that when he determined on starting in Palmerston his friends should advise him not to write strongly ? Considering, also, that Mr Dungan had lent him his railway pass, had advised him and counselled him as to where he should start a paper, was it not likely that Mr Dungan would feel aggrieved at his action in coming down like an Assyrian, and claiming that his journal was the leading one of the district, p tying with this return the hand that had done him kindness. He also asked for a dismissal of the information on the ground that r the alleged libel was for the public good. It had resulted in " shutting up" the slanderous "Squib," from whose coarse attacks no one was safe. Complainant had admitted that day that for several weeks he had withheld " Squib's " writings* thinking it judicious to do bo. The character of "Squib's" writings was notorious throughout the district, and be held that . in sileaciug his slanderous atfecks 'Mr Dungan had acted for the public good. With reference to the charge, he would say that so far from the alleged libels being false, and published by defendant " well-knowing them to be false, they had that day been proved to be true from complainant's own mouth ; as to the malice alleged, plaintiff had admitted having precisely the same amount towards the defendant as the latter Was charged with; whilst th§. fact that plaintiff came into Court wrih unclean hands, was' sufficient of itaelf to cause a dismissal of the charge. In conclusion, he informed the, Court that he was prepared to, call a number of witnesses fo» the defence, but would before doing so* asfi^tts Worship whether he considered tt'prhm facie case had been made out. -*-. > . .-; '

ES& Worship said bewottld of course be quite willing' ;to 'hear any evidence Mr Staite had tpdffer, 'but at t'e sane time he thought it well to say he felt it his duty to commit defendant for trial. He sat there ministerially, and it waa for the jury to say whether or not; defendant waa justified in the 'action he had pursued. A prhna facie case had in his opinion been made out, audhe ; felt it his duty to commit defendant for trial at the next sitting of the Supreme Court at Wanganui. The usual caution was then read over, after which defendant laid, /1 reserve my defence." '- n , Bail was aUowjed, defendant in £100, and two sureties in £100 each... „ •-■ On Wednesday a further eliarge- of libel was htard against Mr Dungan, and resulted in hjdbffeigjtogaifi admitted for trial. - • *